Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Reverend Larry R. Parker, Pastor of Hampton and Varnville United Methodist Churches in Hampton, S.C. :
In the breaking dawn of each day, help us discover a new opportunity to give of ourselves.
In the sighing of the breeze through leafy trees, help us to hear the whisper of life.
In the bobbing heads of early daffodils, help us to experience the heartiness that braves adversity.
In the yells of children, help us to share the exuberance of just being alive.
In the tasks which face us, help us to encounter our strengths.
In the fellowship with each other, help us enjoy the labor of shared purpose.
In the quest for truth, help us to find the depths of our honesty.
In the neediness we experience, help us dare to trust one another.
In the necessity for compromise, help us to celebrate honor.
In the search for the deep and profound meaning of life, help us discover that it is found only in Your Commanding Holiness - and Your Loving Heart.
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 11, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 716)
Dear Mrs. Shealy:
The State of South Carolina Board of Examiners for Registered Sanitarians is hereby temporarily withdrawing Regulation Number 716 concerning Continuing Education Requirements, effective this day. This regulation has been submitted to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The Senate returned to the House with amendments the following:
H. 2604 -- Reps. Holt, Winstead, Foxworth, Whipper, D. Martin, Dangerfield, Washington, Mappus and J. Bradley: A CONCURRENT RESOLUTION MEMORIALIZING THE HONORABLE JOSEPH P. RILEY, JR., MAYOR OF THE CITY OF CHARLESTON, AND THE CITY COUNCIL OF CHARLESTON TO POSTPONE THE CLOSING OF LOCKLEAR BOAT LANDING IN CHARLESTON COUNTY UNTIL THE MAYOR AND CITY COUNCIL LOCATE ANOTHER LANDING THAT CAN ACCOMMODATE THE LAUNCHING OF BOATS IN EXCESS OF TWENTY FEET.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 2645 -- Reps. McEachin, Keyserling and J. W. Johnson: A HOUSE RESOLUTION TO ADOPT A RULE OF THE HOUSE OF REPRESENTATIVES SO AS TO PROVIDE THAT THE STANDING COMMITTEES OF THE HOUSE SHALL MEET AT LEAST THREE TIMES DURING THE INTERIM BETWEEN ANNUAL SESSIONS OF THE GENERAL ASSEMBLY TO CONSIDER PREFILED LEGISLATION REFERRED TO THEM.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 2646 -- Reps. McEachin, Keyserling and J. W. Johnson: A CONCURRENT RESOLUTION TO ADOPT A JOINT RULE OF THE SENATE AND HOUSE OF REPRESENTATIVES SO AS TO PROVIDE THAT THE STANDING COMMITTEES OF BOTH HOUSES SHALL MEET AT LEAST THREE TIMES DURING THE INTERIM BETWEEN ANNUAL SESSIONS OF THE GENERAL ASSEMBLY TO CONSIDER PREFILED LEGISLATION REFERRED TO THEM.
The Concurrent Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 2647 -- Reps. R. Brown, Bennett, K. Bailey, McCain and Felder: A CONCURRENT RESOLUTION TO WISH A SPEEDY RECOVERY TO HIGHWAY PATROL TROOPER FIRST CLASS T. E. LARRIMORE, A MARION COUNTY NATIVE, WHO WAS WOUNDED ON TUESDAY, MARCH 10, 1987, IN THE LINE OF DUTY AFTER HE STOPPED A SPEEDING CAR ON INTERSTATE 26 NEAR ORANGEBURG.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 495 -- Transportation Committee: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO CONTINUE THE AIRPORT IMPROVEMENT PROGRAM SCHEDULED TO EXPIRE ON SEPTEMBER 30, 1987.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 516 -- Senators Setzler, Shealy and Wilson: A CONCURRENT RESOLUTION TO WISH OUR GOOD FRIEND, RICHARDS TODD, STAFF ATTORNEY IN THE LEGISLATIVE COUNCIL, WHO RECENTLY UNDERWENT BYPASS SURGERY, A COMPLETE AND SPEEDY RECOVERY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 2653 -- Darlington Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE MALCOLM K.JOHNSON OF DARLINGTON COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. BAXLEY, with unanimous consent, the House stood in silent prayer in memory of former colleague Malcolm K. Johnson of Darlington County.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 2648 -- Reps. Wilkins, Evatt, Beasley and Corning: A BILL TO AMEND SECTION 20-7-1740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AN INVESTIGATION BE MADE BY A PRIVATE OR PUBLIC WELFARE ORGANIZATION TO BE FILED WITH THE COUNTY WHEN THE FILING OF PETITION FOR ADOPTION IS MADE, SO AS TO ESTABLISH THE SPECIFIC TYPES OF INVESTIGATIONS AND REPORTS WHICH MUST BE COMPLETED PRIOR TO THE FINAL HEARING FOR ADOPTION; AND TO AMEND SECTION 20-7- 1780, as AMENDED, RELATING TO THE REQUIREMENT THAT ALL HEARINGS AND RECORDS HELD IN PROCEEDINGS UNDER ARTICLES 7, 9, AND 11, CHAPTER 7, TITLE 20 MUST BE CONFIDENTIAL AND HELD IN CLOSED COURT, SO AS TO REQUIRE THAT ALL FILES AND RECORDS PERTAINING TO ADOPTION PROCEEDINGS IN THE DEPARTMENT OF SOCIAL SERVICES ALSO MUST BE CONFIDENTIAL AND WITHHELD FROM INSPECTION IF THEY ARE MAINTAINED BY ANY PERSON CERTIFIED UNDER THE PROVISIONS OF SECTION 20-7-1750.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2649 -- Reps. Waldrop and Gentry: A BILL TO AMEND SECTION 7-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO REVISE THE VOTING PRECINCTS AND PROVIDE FOR MAPS DEFINING THE REVISED PRECINCT BOUNDARIES.
On motion of Rep. GENTRY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 2650 -- Reps. Evatt, Hayes, Beasley, J. Rogers, Ogburn, Gregory, D. Martin, E.B. McLeod, Whipper, McBride, McElveen, McAbee, Aydlette, Stoddard, Faber, White, Cork, Foxworth, Limehouse, R. Brown, Davenport, Keyserling, Williams, Toal, Gilbert, G. Brown, Wilder, Boan, Rhoad, Short, Hendricks, J. Brown, Washington, Lockemy, J.W. McLeod, T. Rogers, Hodges, McTeer, McLellan, Ferguson, G. Bailey, Foster, Nesbitt, T.C. Alexander, Holt, Mappus, O. Phillips, J. Harris, Townsend, Waldrop, Simpson, K. Bailey, Huff, Arthur, Lewis, P. Harris, J.C. Johnson, J.W. Johnson, Dangerfield, Tucker, Moss, Cooper, Day, Neilson, Kay, Altman, Felder, Blanding and Rudnick: A BILL TO AMEND SUBARTICLE 1, ARTICLE 13, CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD WELFARE AGENCIES, SO AS TO REVISE THE PROVISIONS REGULATING THESE AGENCIES BY PROVIDING FOR DEFINITIONS, EXCEPTIONS, REGISTRATION, ADMINISTRATION OF THE SUBARTICLE'S PROVISIONS, DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES, THE CHILD WELFARE AGENCY STANDARDS ADVISORY COMMITTEE, ADMINISTRATIVE SANCTIONS, CIVIL ACTIONS, CRIMINAL PROCEEDINGS, CONFIDENTIAL INFORMATION, AND PENALTIES; TO AMEND SECTION 44-1-140, RELATING TO REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF HEALTH AND SAFETY STANDARDS FOR FACILITIES OR AGENCIES PROVIDING RESIDENTIAL SERVICES TO CHILDREN; AND TO PROVIDE FOR THE APPLICATION FOR A REGISTRATION CERTIFICATE WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE ACT, CAUSES OF ACTION PENDING ON THE EFFECTIVE DATE, AND EFFECTIVE REGULATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2651 -- Reps. M.O. Alexander, Blackwell, Baker, L. Phillips, Thrailkill, P. Bradley, J.H. Burriss, J.W. Johnson, Haskins, Rice, Hayes, Fair, Hodges, Simpson, E.B. McLeod, Day, Clyborne, O. Phillips, McTeer and Evatt: A BILL TO AMEND CHAPTER 7 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES BY ADDING SECTION 5-7-155 SO AS TO PROVIDE THAT IF ANY PORTION OF A STREET OR HIGHWAY IS WITHIN THE BOUNDARY OF A MUNICIPALITY, THE REMAINING PORTION OF THE STREET OR HIGHWAY NOT WITHIN THE MUNICIPAL BOUNDARY BUT TOUCHING THE BOUNDARY IS NEVERTHELESS CONSIDERED TO BE WITHIN THE BOUNDARY OF THAT MUNICIPALITY FOR PURPOSES OF ITS POLICE JURISDICTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2652 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITIONS, DUTIES OF THE BOARD, LICENSURE REQUIREMENTS, LICENSES, EDUCATION, AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 781, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 2654 -- Reps. Hodges, Toal and McElveen: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO PROVIDE THAT THE GRANTING OF ALIMONY, INCLUDING CASES INVOLVING AN ADULTEROUS SPOUSE, IS IN THE DISCRETION OF THE COURT.
Referred to Committee on Judiciary.
S. 422 -- Senators Nell W. Smith and Hayes: A BILL TO AMEND SECTION 20-7-2376, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR REVIEW OF CASES OF CHILDREN WHO HAVE RESIDED IN PUBLIC FOSTER CARE FOR A PERIOD OF MORE THAN FOUR CONSECUTIVE MONTHS NO LESS FREQUENTLY THAN ONCE EVERY SIX MONTHS; AND TO AMEND SECTION 20-7-2379, RELATING TO THE BOARD OF DIRECTORS FOR REVIEW OF FOSTER CARE, SO AS TO PROVIDE FOR THE SALARY OF THE STAFF EMPLOYED BY THE BOARD'S DIRECTOR.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Day Derrick Elliott Faber Fair Ferguson Foster Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Kohn Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Neilson Nesbitt Nettles Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Sharpe Sheheen Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on Thursday, March 12, 1987.
Ralph Davenport Parker Evatt Dave C. Waldrop, Jr. Paul Short Lenoir Sturkie Thomas E. Huff Timothy Rogers William H. Jones David O. Hawkins Donna A. Moss John D. Bradley III John Felder Larry Koon T.W. Edwards Derial Ogburn Marion Carnell
STATEMENT OF ATTENDANCE
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 11, 1987.
Announcement was made that Dan Richards of Rock Hill is the Doctor of the Day for the General Assembly.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.
S. 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.
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.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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.
The motion of Rep. TOAL to reconsider the vote whereby the following Bill was given a second reading was taken up.
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. TOAL moved to adjourn debate upon the motion to reconsider, which was adopted.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
Rep. SHARPE explained the Joint Resolution.
H. 2042 -- Reps. Rudnick, Barfield, J. Bradley, J. Brown, M.D. Burriss, Hearn, Kirsh, Wells, McGinnis, Clyborne, Corning, P. Bradley, Haskins and Mappus: 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.
Rep. RUDNICK explained the Bill.
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.
Rep. J.H. BURRISS explained the Bill.
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.
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.
H. 2636 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 799, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 2638 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR FORESTERS, RELATING TO HEADQUARTERS, OFFICERS, MEETINGS, SEALS, COMMITTEES, APPLICATION FOR REGISTRATION, REQUIREMENTS FOR REGISTRATION, EXPIRATION AND RENEWAL, REGISTRATION DETERMINATION, RECIPROCITY, ADDRESS REQUIREMENT, STATEMENT OF GUIDING DEFINITIONS, EXCEPTIONS, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SNOW explained the Joint Resolution.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that S. 306 be read the third time tomorrow.
Rep. RUDNICK asked unanimous consent that S. 45 be read a third time tomorrow.
Rep. KLAPMAN objected.
The following Bill was taken up.
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.
Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER overruled the Point of Order.
Rep. KAY explained the Bill.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 2690Y), which was adopted.
Amend the bill, as and if amended, by adding after /who/ on line 7 of Section 39-55-300 as contained in SECTION 2 /knowingly/.
When amended the section shall read:
/SECTION 2. The 1976 Code is amended by adding:
"Section 39-55-300. Any church which receives money specifically designated for the maintenance of a cemetery on its property shall keep the money in a separate bank account and it may be used only for the maintenance of the cemetery. Any person or member of the church governing board who knowingly approves or permits the use of the fund for any other purpose is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days."/
Amend title to conform.
Rep. KAY 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. KAY, with unanimous consent, it was ordered that H. 2012 be read the third time tomorrow.
The following Bill was taken up.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 2735Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-47-150 of the 1976 Code is amended to read:
"Section 40-47-150. In case of failure at any examination, the applicant shall have the privilege of a second examination with the payment of the regular fee. In case of failure in a second examination the applicant, to be eligible, in addition to the requirements for previous examinations, must have pursued his studies for such time as the Board may approve and furnish satisfactory evidence thereof.
If the applicant has not met the Board's criteria for passing the examination after three takings, he shall not be permitted to retake the examination and any score received after three takings shall not be considered except by special permission of the Board. It shall be the responsibility of the applicant to demonstrate special or compelling circumstances in order to have a fourth taking considered. A petition for special permission shall be filed with the Board setting forth in detail the special or compelling circumstances the applicant wishes the Board to consider. These special or compelling circumstances include, but are not limited to, the following:
(1) the applicant's successful completion of additional medical education in an American Medical Association approved medical school;
(2) the applicant's score on the third examination and its closeness to the passing score required by the Board; or
(3) other special or compelling factors presented by the applicant to the Board.
If an individual is granted special permission to have the results of a fourth taking of the examination considered and he still has not passed the examination as required by the Board, no further attempts at or scores from the examination shall be considered by the Board."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. LOCKEMY 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. LOCKEMY, with unanimous consent, it was ordered that H. 2080 be read the third time tomorrow.
The following Bill was taken up.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 2704Y), which was adopted.
Amend the bill, as and if amended, in Section 40-33-530 of the 1976 Code, as contained in SECTION 1, lines 3 and 4, by striking /is of good moral character,/ and inserting / is of good moral character, / so that when amended Section 40-33-530 shall read:
/Section 40-33-530. Each applicant shall furnish evidence satisfactory to the Board that he is at least eighteen years of age, is of good moral character, is in good physical and mental health, has completed at least four years of work in a high school accredited by the State Board of Education in the state in which such the school is located or the equivalent of such the work, satisfactory evidence of which shall must be furnished to the Board, has completed a course of study in an accredited school of nursing, and shall meet meets such other preliminary qualification requirements as the Board may prescribe./
Amend the bill further by adding an appropriately numbered section to read:
/SECTION _____. Section 40-33-730 of the 1976 Code is amended to read:
"Section 40-33-730. Each applicant for a license to practice as a licensed practical nurse shall submit evidence satisfactory to the Board that he is at least eighteen years of age, is of good moral character, is in good physical and mental health, has successfully completed two years of work in an accredited high school or the equivalent of such the work, satisfactory evidence of which shall must be furnished to the Board, has successfully completed the course of study in a school for the training of practical nurses approved by the Board or has completed a course of study determined by the Board to be the equivalent thereof and has met such other preliminary qualification requirements as the Board may prescribe."/
Renumber sections to conform.
Amend title to conform.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted.
Reps. THRAILKILL, DAVENPORT, SHARPE and ELLIOTT objected to the Bill.
The following Bill was taken up.
S. 317 -- Senator Drummond: A BILL TO REAUTHORIZE THE BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
Reps. COOPER, AYDLETTE, KLAPMAN, KOHN, FOXWORTH, and H. BROWN objected to the Bill.
The following Bill was taken up.
H. 2409 -- Reps. T.M. Burriss, Lockemy, M.D. Burriss and Corning: A BILL TO AMEND SECTIONS 40-33-10, 40-33-20, 40-33-50, 40-33-260, 40-33-290, 40-33-520, 40-33-530, 40-33-560, 40-33-720, 40-33-730, 40-33-760, 40-33-910, 40-33-920, 40-33-935, 40-33-940, 40-33-950, 40-33-1120, AND 40-33-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSES, SO AS TO DEFINE TEMPORARY PERMIT, LICENSE, LAPSED LICENSE, VOLUNTARY SURRENDER, INACTIVE LICENSE, ACCREDITATION, INCREASE THE PENALTY FOR UNLICENSED NURSING PRACTICE; AUTHORIZE THE BOARD TO DENY LICENSURE BECAUSE OF INCOMPETENCE OR UNPROFESSIONAL CONDUCT; REPLACE THE TERM "REGISTRATION" WITH "LICENSURE" AND THE TERM "ACCREDITATION OF SCHOOLS OF NURSING" WITH "APPROVAL OF NURSING EDUCATION PROGRAMS"; TO PROVIDE PRACTICAL NURSE EDUCATION; TO AUTHORIZE THE BOARD TO REVOKE OR SUSPEND THE LICENSE OF A PRACTICING NURSE WHO HAS DECLINED OR BEEN UNSUCCESSFUL IN ACCOMPLISHING CHEMICAL ABUSE REHABILITATION; TO ADD SECTION 40-33-220 SO AS TO ENUMERATE THE POWERS OF THE BOARD OF NURSING; AND TO REPEAL SECTIONS 40-33-300, AND 40-33-1140 THROUGH 40-33-1160 RELATING TO ACCREDITATION OF COURSES FOR PRACTICAL NURSES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 2762Y), which was adopted.
Amend the bill, as and if amended, page 10, Section 40-33-935(b) as contained in SECTION 15, by inserting /alcohol and/. When amended, Section 40-33-935(b) will read:
"(b) That the licensee has violated any federal, state, or local alcohol and drug law. A conviction shall is not be needed to prove misconduct under this paragraph."
Amend title to conform.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 2 (Doc. No. 2752Y), which was adopted.
Amend the bill, as and if amended, by striking the last paragraph of Section 40-33-10(f) as contained in SECTION 1 and inserting:
/A professional nurse may perform additional acts in the extended role requiring special education and training which are agreed to jointly by both the Board of Nursing and the Board of Medical Examiners. Those additional acts agreed to by both boards must be promulgated by the Board of Nursing in its regulations./
Amend title to conform.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted.
Rep. THRAILKILL 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 Joint Resolution was taken up.
H. 2637 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CERTIFICATION OF ENVIRONMENTAL SYSTEMS OPERATORS, RELATING TO PHYSICAL/CHEMICAL WASTEWATER TREATMENT OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 675, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WINSTEAD made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution 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. WINSTEAD explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill, Rep. WINSTEAD having the floor.
Rep. KLAPMAN withdrew his objection to H. 2101.
Rep. KLAPMAN withdrew his objection to H. 2187 however, other objections remained upon the Bill.
Reps. KLAPMAN and MOSS withdrew their objections to H. 2439 however, other objections remained upon the Bill.
Rep. DAVENPORT withdrew his objection to H. 2385 however, other objections remained upon the Bill.
Rep. MAPPUS withdrew his objection to H. 2101.
Reps. SHARPE and ELLIOTT withdrew their objections to H. 2385.
On motion of Rep. RUDNICK, with unanimous consent, it was ordered that H. 2042 be read the third time tomorrow.
Reps. WELLS and McGINNIS asked unanimous consent to add their names as co-sponsors to H. 2042, which was agreed to.
Rep. CHAMBLEE, with unanimous consent, withdrew his objection to H. 2039.
Rep. TAYLOR, with unanimous consent, objected to the following Bill.
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. GORDON asked unanimous consent to object to H. 2039.
Rep. LIMEHOUSE objected.
Rep. LOCKEMY moved that the House recur to the morning hour, which was not agreed to.
Rep. GORDON arose to a Point of Personal Privilege regarding a newspaper article.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. BLACKWELL having the floor.
H. 2085 -- Reps. J. Rogers, J. Harris, Beasley, R. Brown, McElveen, Limehouse, Neilson, J. Brown, Hayes, J.H. Burriss, McGinnis, Winstead, Davenport, Keyserling, Wells, J. Bradley, Day, Shelton, Nettles, T. Rogers, Russell, Sharpe, Wilder and McBride: A BILL TO AMEND SECTIONS 12-21-2590, 12-21-2600, AND 12-21-2620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO BINGO LICENSE FEES, ADMISSIONS TAXES, AND THE DISPOSITION OF THE REVENUE THEREFROM, SO AS TO INCREASE THE FEES AND APPLICABLE ADMISSION TAXES FOR CLASS "A" AND "B" LICENSES AND TO PROVIDE THAT ONE-HALF OF THE REVENUES DERIVED MUST BE DEPOSITED IN A SEPARATE PARKS AND RECREATION DEVELOPMENT FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO TO FILE MONTHLY REPORTS WITH THE SECRETARY OF STATE, TO PROHIBIT THE LICENSING OF MANAGEMENT COMPANIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 23 TO TITLE 51 SO AS TO PROVIDE FOR A NONCOMPETITIVE PROGRAM OF GRANTS FOR LOCAL PARKS AND RECREATION DEVELOPMENT, PROVIDE DEFINITIONS, AND ESTABLISH A DISTRIBUTION FORMULA.
Rep. BLACKWELL continued speaking against the Bill.
Rep. HASKINS proposed the following Amendment No. 8, which was adopted.
Amend as and if amended.
By adding a new Section to be appropriately numbered, as follows:
At least 50% of all funds derived from the operation of a bingo parlor, or the playing of bingo must be paid to the charitable organization sponsoring the operation.
Rep. BAKER proposed the following Amendment No. 9, which was adopted.
Amend as and if amended. By adding section at the end of the Bill which states:
All "A" and "B" class licensees must submit a yearly audited financial statement to the Secretary of State. This audit must be performed by a licensed Certified Public Accountant. The Secretary of State shall promulgate the rules and regulations for the conduct of this audit.
Amend title to conform.
Reps. J. Rogers and McEACHIN proposed the following Amendment No. 10 (Doc. No. 2845Y), which was adopted.
Amend the bill, as and if amended, in Section 12-21-2600, as contained in SECTION 1, page 4, by striking /nine/ on line 43 and inserting /six/.
Amend title to conform.
Rep. J. ROGERS explained the amendment.
The amendment was then adopted.
Rep. CLYBORNE proposed the following Amendment No. 11, which was adopted.
Amend as and if amended. by adding a new section to read:
No person may have a financial interest in, be employed by, or in any way participate in the operation of any Bingo game if such person has been convicted of any crime or offense defined and regulated under Title 16, 1976 Code of Laws of South Carolina, as amended.
Amend title to conform.
Reps. HOLT and KIRSH spoke against the Bill. The question then recurred to the passage of the Bill, as amended.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, N.D. Burriss, T.N. Chamblee Clyborne Cork Corning Davenport Derrick Edwards Elliott Evatt Faber Ferguson Gentry Gordon Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Jones Keyserling Klapman Lewis Limehouse Lockemy Martin, L. McAbee McBride McCain McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Petty Phillips, L. Rhoad Rogers, J. Rogers, T. Rudnick Russell Sharpe Sheheen Short Snow Stoddard Toal Townsend Tucker Waldrop Wells Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, M.O. Bennett Blackwell Cooper Dangerfield Fair Foxworth Holt Johnson, J.C. Kay Kirsh Koon Mappus Martin, D. Mattos Phillips, O. Rice Simpson Sturkie
So, the Bill, as amended, was read the second time and ordered to third reading.
My no vote to this Bill is in opposition to the idea of creating funds outside the appropriation process.
All such revenues of this state ought to be subject to review by the Ways and Means Committee.
REP. MATTOS
My vote on this Bill is in opposition to the idea of creating funds outside the appropriations process. All revenues of the state ought to be subject to review by Ways and Means and appropriated from the General Fund.
REP. BLACKWELL
Rep. LOCKEMY moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 2655 -- Reps. Kohn, J, Bradley and Winstead: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA; 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS BY ADDING SECTION 38-9-390 SO AS TO PROVIDE THAT AN INSURANCE COMPANY'S RESERVES SET ASIDE FOR LOSSES AND INCURRED BUT NOT REPORTED LOSSES MAY NOT BE CONSIDERED WHEN DETERMINING WHETHER OR NOT THE INSURANCE COMPANY IS ENTITLED TO A RATE INCREASE.
Referred to Committee on Labor, Commerce and Industry.
H. 2656 -- Rep. Kohn: A BILL TO AMEND ARTICLE 1, CHAPTER 9 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS BY ADDING SECTION 38-9-395 SO AS TO PROVIDE THAT WHEN AN INSURER PLACES AN INSURED'S WORKERS' COMPENSATION INSURANCE IN THE ASSIGNED RISK PLAN, THE INSURER SHALL NOTIFY THE DEPARTMENT OF INSURANCE OF THE NAME AND ADDRESS OF THIS INSURED, AND TO PROVIDE THAT THIS INFORMATION MUST BE MAINTAINED BY THE DEPARTMENT OF INSURANCE AND MADE AVAILABLE FOR PUBLIC INSPECTION.
Referred to Committee on Labor, Commerce and Industry.
H. 2657 -- Rep. Hawkins: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS FOR THE PURPOSE OF OBTAINING MONEY, SERVICES, CREDIT, OR PROPERTY, SO AS TO PROVIDE THAT THE SATISFACTION OR ATTEMPTED SATISFACTION, IN FULL OR PART, OF ANY DEBT OR OBLIGATION, EXISTING OR PREEXISTING, ALSO CONSTITUTES "CREDIT" WITHIN THE MEANING OF THIS SECTION.
Referred to Committee on Judiciary.
S. 171 -- Senators Leatherman, Courson, Drummond, Fielding, Garrison, Hayes, Land, Lee, Lourie, Mitchell, Peeler, Pope, Powell, Saleeby, Nell W. Smith and Thomas E. Smith, Jr.: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT SYSTEMS, BY ADDING CHAPTER 17 SO AS TO ESTABLISH AN OPTIONAL RETIREMENT PROGRAM FOR THE PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.
Referred to Committee on Education and Public Works.
Rep. O. PHILLIPS moved to adjourn debate upon the following Bill, which was adopted:
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.
The motion of Rep. TOAL to reconsider the vote whereby the following Bill was given a second reading was taken up.
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. TOAL moved to adjourn debate upon the motion to reconsider, which was adopted.
Rep. AYDLETTE inquired whether H. 2274 would not be the first Bill up for consideration after the House had recurred to the morning hour, as debate had been interrupted by time expiring for the uncontested period.
The SPEAKER stated that H. 2039 had moved to the Third Reading Uncontested period by virtue of objections being withdrawn, and as that period would come before Second Reading Uncontested, H. 2039 was the first Bill up for consideration.
The following Bill was taken up.
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.
The Bill was read the second time and ordered to third reading.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. WINSTEAD having the floor.
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. WINSTEAD surrendered the floor.
Rep. McABEE moved to table the Bill which was not agreed to.
The question then recurred to the passage of the Bill, which was agreed to.
The following was received.
Columbia, S.C., March 12, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. FELDER the invitation was accepted.
The following Bill was taken up.
H. 2101 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE FOR ADMISSION TO PSYCHIATRIC TREATMENT FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS WELL AS MENTAL HEALTH FACILITIES APPROVED BY THE DEPARTMENT OF MENTAL HEALTH AND TO MAKE CHANGES IN THE PROCEDURE FOR EMERGENCY ADMISSIONS.
Rep. HOLT objected to the Bill.
Rep. J. BRADLEY moved to table the Bill.
Rep. E.B. McLEOD demanded the yeas and nays, which were ordered.
Rep. L. MARTIN raised the Point of Order that Rep. BEASLEY had attempted to object to the Bill, and that in accordance with Rule 5.17, a member may object to the Bill at anytime.
The SPEAKER stated that the Bill must be up for consideration, that the pending question was not the Bill, but the motion to table the Bill, and the House was in the middle of a roll call vote, therefore he overruled the Point of Order.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bradley, J. Dangerfield Foxworth Holt Kohn Mappus
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Chamblee Clyborne Cooper Cork Davenport Derrick Edwards Elliott Evatt Faber Fair Felder Ferguson Gentry Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Limehouse Martin, L. Mattos McBride McEachin McElveen McGinnis McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Ogburn Petty Rhoad Rice Rudnick Russell Sharpe Sheheen Simpson Stoddard Sturkie Toal Townsend Tucker Waldrop Washington Wells White Wilder
So, the House refused to table the Bill.
Reps. FOXWORTH and KOHN objected to the Bill.
Upon the withdrawal of objections by Reps. CLYBORNE, BAKER and McCAIN the following Bill was taken up.
H. 2027 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS, AND TO EXEMPT THE POOL FROM TAXATION, ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, PROVIDE FOR THE CONTINUATION OF COVERAGE UNDER THE GROUP HEALTH PLAN, AND TO REPEAL SECTION 38-35-946 OF THE 1976 CODE RELATING TO MANDATORY CONVERSION OF GROUP HEALTH POLICY.
Rep. HELMLY moved to refer the Bill to the Committee on Ways and Means, retaining its place on the calendar which was agreed to.
Rep. KIRSH moved that the House recede subject to the Ratification of Acts, and upon completion, the House stand adjourned, which was agreed to.
At 11: 45 A.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.
(R29) H. 2119 -- Aiken Delegation: AN ACT TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, PROVIDE FOR THE ELECTION OF ITS MEMBERS, ESTABLISH THE TERMS, PROVIDE THAT A SPECIAL ELECTION MUST BE HELD FOLLOWING NOTIFICATION OF PRECLEARANCE FROM THE UNITED STATES JUSTICE DEPARTMENT TO ELECT MEMBERS OF THE BOARD, PROVIDE FOR A TRANSITION PERIOD FOR MEMBERS ELECTED AT THAT TIME AND THEREAFTER, PROVIDE FOR THE FILLING OF VACANCIES, AND PROVIDE A METHOD BY WHICH CANDIDATES NAMES ARE PLACED ON THE BALLOT.
(R30) H. 2334 -- Reps. Gregory and McTeer: AN ACT TO ALTER THE COUNTY LINES OF CHARLESTON AND COLLETON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO COLLETON COUNTY, TO MAKE PROVISIONS FOR LEGAL RECORDS, AND TO PROVIDE THAT COLLETON COUNTY SHALL ASSUME THIRTY-NINE THOUSAND NINE HUNDRED FIFTY-FIVE DOLLARS OF THE INDEBTEDNESS OF CHARLESTON COUNTY TRANSFERRED PURSUANT TO THIS ACT.
(R31) H. 2566 -- Reps. J.C. Johnson and Carnell: AN ACT TO FURTHER PROVIDE FOR THE TERMS OF OFFICE OF THE MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT NO. 50, SCHOOL DISTRICT NO. 51 COMPOSED OF AREAS IN ABBEVILLE, GREENWOOD, AND LAURENS COUNTIES, AND NINETY-SIX SCHOOL DISTRICT NO. 52 IN GREENWOOD COUNTY.
The Senate returned to the House with concurrence the following:
H. 2647 -- Reps. R. Brown, Bennett, K. Bailey, McCain and Felder: A CONCURRENT RESOLUTION TO WISH A SPEEDY RECOVERY TO HIGHWAY PATROL TROOPER FIRST CLASS T. E. LARRIMORE, A MARION COUNTY NATIVE, WHO WAS WOUNDED ON TUESDAY, MARCH 10, 1987, IN THE LINE OF DUTY AFTER HE STOPPED A SPEEDING CAR ON INTERSTATE 26 NEAR ORANGEBURG.
H. 2653 -- Darlington Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE MALCOLM K. JOHNSON OF DARLINGTON COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 11:55 A.M. the House in accordance with the motion of Rep. KIRSH adjourned to meet at 10:00 A.M. tomorrow.
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