Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God of both nature and human nature, we thank You for the glory and grandeur of the Springtime. We see Your all-caring hand in the flowering shrub, the budding trees, and the freshness of the grass. And as You have aroused these from the sleep of winter, awaken in us the new life guaranteed to those whose trust is stayed in God. Shelter us as we take refuge in the shadow of Your wing. Make us to be guided by the commands of Mt. Sinai and the principles of the Sermon on the Mount which are as steady and as unchanging as the stars above.
And our hearts are eternally grateful that You are our God, the same yesterday, today and always. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED
The following was received.
March 24, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 785)
Dear Mrs. Shealy:
The S.C. Board of Examiners for Licensure of Profession Counselors, Associate Counselors and Marital and Family Therapists is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to Licensing, effective this date.
These regulations have been submitted to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Robert J. Sheheen
Received as information.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the S.C. Education Association for a reception, April 1, 1987, 6:30 p.m. - 9:00 p.m. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Home Builders Association of S.C. for annual "Bird Supper", April 7, 1987, 7:00 p.m., at the Ellison Building, State Fairgrounds.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Winthrop College for a reception, April 8, 1987, 6:30 p.m. - 8:00 p.m., at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Koon-Rhoad-Waldrop for annual Party, April 14, 1987, 6:30 p.m. until, at Koon's Club House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Friends of Agriculture and Aquaculture for 5th Annual Salute to Agriculture and Aquaculture, April 15, 1987, 6:00 p.m. at the Cantey Building, State Fair grounds.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Carolinas Branch, Associated General Contractors of America for a reception, April 21, 1987, 6:00 p.m. - 8:00 p.m., at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Clemson University Board of Visitors for Appreciation Barbeque, April 28, 1987, 6:30 p.m., at the Clemson University Board of Visitors, Defender Industries' Lake Club House, Sumter Highway.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations, submitted a favorable report, on:
H. 2721 -- Reps. Foster, Kirsh, Hayes and Nesbitt: A HOUSE RESOLUTION INVITING MARTHA K. PIPER, PRESIDENT OF WINTHROP COLLEGE, STAFF, AND GUESTS TO ATTEND A PRESENTATION OF ITS CHORAL ENSEMBLE TO THE HOUSE OF REPRESENTATIVES IN THE HOUSE CHAMBER, ON THE OCCASION OF THE COLLEGE'S CENTENNIAL CELEBRATION, ON THURSDAY, APRIL 9, 1987, AT 10:00 A.M.
On motion of Rep. FOSTER, with unanimous consent, the following Resolution was taken up for immediate consideration.
H. 2721 -- Reps. Foster, Kirsh, Hayes and Nesbitt: A HOUSE RESOLUTION INVITING MARTHA K. PIPER, PRESIDENT OF WINTHROP COLLEGE, STAFF, AND GUESTS TO ATTEND A PRESENTATION OF ITS CHORAL ENSEMBLE TO THE HOUSE OF REPRESENTATIVES IN THE HOUSE CHAMBER, ON THE OCCASION OF THE COLLEGE'S CENTENNIAL CELEBRATION, ON THURSDAY, APRIL 9, 1987, AT 10:00 A.M.
Be it resolved by the House of Representatives:
That Martha K. Piper, President of Winthrop College, staff, and guests are invited to attend a presentation of its Choral Ensemble to the House of Representatives in the House Chamber, on the occasion of the college's centennial celebration, on Thursday, April 9, 1987, at 10:00 a.m.
The Resolution was adopted.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, and Rep. J. BRADLEY, for the minority, submitted an unfavorable report, on:
H. 2456 -- Rep. Townsend: A BILL TO AMEND SECTION 36-9-403, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF FINANCING STATEMENTS UNDER THE UNIFORM COMMERCIAL CODE AND THE DURATION OF THESE STATEMENTS, SO AS TO PROVIDE THAT THE UNITED STATES OF AMERICA ACTING THROUGH THE FARMERS HOME ADMINISTRATION IS NOT REQUIRED TO FILE CONTINUATION STATEMENTS IN ORDER TO PREVENT THE FINANCING STATEMENT FROM LAPSING.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 2496 -- Reps. Kohn and J. Bradley: A BILL TO AMEND SECTION 38-43-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF CERTAIN INSURANCE FILINGS, SO AS TO EXTEND FROM SIXTY DAYS TO ONE YEAR THE MAXIMUM ADDITIONAL WAITING PERIOD THE CHIEF INSURANCE COMMISSIONER MAY REQUEST BEFORE HE IS REQUIRED TO RULE ON THE FILING.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 2499 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-37-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURVEY BY THE CHIEF INSURANCE COMMISSIONER TO ASCERTAIN THE STATE OF MARKETING OUTLETS WITH RESPECT TO AUTOMOBILE INSURANCE AND THE REQUIREMENTS FOR QUALIFICATION AS A DESIGNATED AGENT, SO AS TO CHANGE THESE REQUIREMENTS FOR QUALIFYING AS A DESIGNATED AGENT.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2501 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2545 -- Reps. Sharpe and Jones: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIRE AND MARINE INSURANCE RATES BY ADDING SECTION 38-43-350 SO AS TO PROVIDE THAT FOR PURPOSES OF FIRE INSURANCE RATES, THE FACT THAT THE OWNER OF A BUILDING OR STRUCTURE IN AN AREA NOT OTHERWISE SERVICED BY A FIRE DEPARTMENT OF A POLITICAL SUBDIVISION OF THIS STATE SUBSCRIBES THROUGH THE PAYMENT OF DUES TO A VOLUNTEER FIRE DEPARTMENT MUST BE CONSIDERED IN SETTING THE RATES FOR THAT AREA IN THE MANNER THE CHIEF INSURANCE COMMISSIONER PRESCRIBES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, and Rep. RUDNICK, for the minority, submitted an unfavorable report, on:
H. 2053 -- Reps. Kirsh and Corning: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO DELETE THE REQUIREMENT THAT JURORS MUST BE QUALIFIED ELECTORS OF THIS STATE AND BE OF GOOD MORAL CHARACTER, AND PROVIDE THAT JURORS MUST BE RESIDENTS OF THIS STATE AND HAVE SUCH OTHER QUALIFICATIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2271 -- Rep. Pearce: A BILL TO AMEND SECTION 16-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING A FIRE TO SPREAD TO PROPERTY OF ANOTHER, SO AS TO REDUCE THE MINIMUM FIRST OFFENSE IMPRISONMENT PENALTY FROM TWENTY DAYS TO FIVE DAYS AND TO INCREASE THE MAXIMUM FIRST OFFENSE FINE PENALTY TO TWO HUNDRED DOLLARS, TO DELETE THE COURTS AUTHORITY TO IMPOSE BOTH A FINE AND IMPRISONMENT FOR A FIRST OFFENSE, AND TO PROHIBIT THE SUSPENSION OF ANY PORTION OF THE PENALTY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2305 -- Rep. Rudnick: A BILL TO AMEND SECTION 2-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE OATH OF OFFICE TO MEMBERS OF THE GENERAL ASSEMBLY ELECTED IN A GENERAL ELECTION MUST BE ADMINISTERED TO THEM AT 11:00 A.M. ON THE MONDAY FOLLOWING THE ELECTION BY THE CLERK OF COURT OF THEIR COUNTY OF RESIDENCE AT THE COUNTY COURTHOUSE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2374 -- Reps. Gregory, White and Short: A BILL TO AMEND SECTION 1-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATES FOR THE PROGRAMS AND FUNCTIONS OF CERTAIN STATE AGENCIES, BOARDS, DEPARTMENTS, AND COMMISSIONS, SO AS TO REVISE THESE DATES; AND TO AMEND SECTION 1-20-60, RELATING TO THE METHOD BY WHICH A STATE AGENCY SCHEDULED FOR TERMINATION MAY BE REAUTHORIZED, SO AS TO INCREASE FROM SIX TO TEN YEARS THE MAXIMUM PERIOD FOR WHICH AN AGENCY MAY BE REAUTHORIZED AND TO PROVIDE THAT REAUTHORIZATION IS EFFECTIVE ONLY UPON ENACTMENT OF A JOINT RESOLUTION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2398 -- Reps. Gregory, White, Wilkins, Day, Hawkins, Short, Derrick, Haskins and Fair: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF THE GOVERNMENT, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR DEFINITIONS OF CERTAIN TERMS IN THE CHAPTER; FOR THE STATE REORGANIZATION COMMISSION TO REVIEW THE REGULATION OF CERTAIN OCCUPATIONS; FOR PUBLIC HEARINGS TO BE HELD _AS TO WHETHER OR NOT OCCUPATIONS NOT REGULATED BY THE STATE SHOULD BE REGULATED OR THERE SHOULD BE CHANGES IN LAWS RELATING TO OCCUPATIONS REGULATED BY THE STATE TO INCLUDE THE EXPANSION OF THE DEFINITION OF A PROVISION WHICH ADDS FUNCTIONS THAT REQUIRE LICENSURE, TO PROVIDE A PROCEDURE BY WHICH THE SUBCOMMITTEE OF THE STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE TO WHICH A BILL HAS BEEN REFERRED MAY REQUEST THAT THE COMMISSION CONDUCT THE PUBLIC HEARING OR THAT THE COMMISSION ASSIST THE SUBCOMMITTEE IN CONDUCTING THE HEARING AFTER A BILL HAS BEEN FILED PROPOSING TO REGULATE A CORPORATION NOT REGULATED BY THE STATE; FOR NOTICE OF THE HEARINGS TO THE PUBLIC AND OTHERS AFFECTED BY REGULATIONS; FOR FACTORS TO BE CONSIDERED BY THE COMMISSION IN EVALUATING WHETHER AN OCCUPATION SHOULD BE REGULATED; FOR THE VARIOUS DECREES OF REGULATION TO BE CONSIDERED IF THE COMMISSION DETERMINES THAT EXISTING REMEDIES DO NOT ADEQUATELY PROTECT THE PUBLIC HEALTH, SAFETY, OR WELFARE; AND TO PROVIDE THAT ALL RECOMMENDATIONS FORMULATED BY THE COMMISSION MUST BE BASED UPON EVIDENCE GATHERED BY THE COMMISSION IN PUBLIC HEARINGS FROM TESTIMONY SUBMITTED ORALLY OR IN WRITING BY INTERESTED PARTIES INCLUDING THE COMMISSION AND UPON EVIDENCE COMPILED BY THE COMMISSION, TO REQUIRE THE RECOMMENDATIONS TO BE MADE IN WRITING AND DELIVERED TO THE CHAIRMAN OF THE SUBCOMMITTEE OF THE STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE TO WHICH A BILL PROPOSING TO REGULATE AN OCCUPATION HAS BEEN REFERRED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2411 -- Reps. Thrailkill, H. Brown, Aydlette, Barfield, Blackwell, Elliott, Baker, Rice, O. Phillips, Pearce, Altman, Gilbert, Foxworth, Stoddard, McElveen, Kirsh, Kay, J.W. McLeod, P. Harris, Nesbitt, J.W. Johnson, Petty, L. Phillips, T.C. Alexander, Ferguson, McCain, Simpson, McGinnis, Limehouse, Lockemy, Nettles, Fair, J. Bradley, McEachin, Day, Haskins, R. Brown, J. Harris, Gordon, Davenport, Moss, G. Bailey, Hodges, L. Martin, Dangerfield, Wells, Arthur, Russell, Wilder and Harvin: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO PROVIDE THAT THE CONVENTIONS MAY BE HELD IN LOCATIONS OTHER THAN COLUMBIA IF ADEQUATE FACILITIES FOR ALL DELEGATES AND ALTERNATE DELEGATES MAY BE PROVIDED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2422 -- Reps. Clyborne, Blackwell, L. Phillips, Haskins, Baker, M.O. Alexander, Wilkins, McCain, P. Bradley, Petty, G. Bailey, McEachin and Corning: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR THE PUBLICATION OF A NOTICE OF PROPOSED REGULATION IN THE STATE REGISTER, SO AS TO REQUIRE THE PROPOSING AGENCY TO OBTAIN A PRELIMINARY FISCAL IMPACT STATEMENT FOR THE PROPOSED REGULATION FROM THE STATE BUDGET AND CONTROL BOARD WHICH MUST ACCOMPANY THE NOTICE PUBLISHED IN THE REGISTER; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO SUBMISSION OF PROPOSED REGULATIONS TO THE GENERAL ASSEMBLY, SO AS TO REQUIRE THE PROPOSED REGULATION FILED WITH THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO BE ACCOMPANIED BY A FISCAL IMPACT STATEMENT PREPARED BY THE STATE BUDGET AND CONTROL BOARD.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, and Rep. RUDNICK, for the minority, submitted an unfavorable report, on:
H. 2423 -- Reps. Clyborne, H. Brown, Mattos, Haskins, Kirsh, Nesbitt, Baker, McCain, P. Bradley, Wilkins, Petty, G. Bailey, McEachin, T.C. Alexander and Corning: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING FRAUDULENT CHECKS, SO AS TO REDEFINE "CREDIT", SO AS TO EXCLUDE FROM THE DEFINITION CHECKS GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT; AND TO AMEND SECTION 34-11-70, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND DETERMINATION OF PROBABLE CAUSE FOR PROSECUTION, SO AS TO REDUCE THE NOTICE REQUIREMENT FROM FIFTEEN TO TEN DAYS, TO RAISE THE SERVICE CHARGE ON DISHONORED CHECKS FROM TEN TO TWENTY DOLLARS, AND TO DELETE PROVISIONS RELATING TO SERVICE CHARGES FOR CHECKS FOR PREEXISTING DEBTS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2446 -- Reps. Wilkins and Sheheen: A BILL TO AMEND SECTION 17-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING OF A DEFENDANT FOUND GUILTY BUT MENTALLY ILL, SO AS TO DELETE PROVISIONS ALLOWING THE COURT TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL; AND TO AMEND SECTION 17-24-20, RELATING TO THE REQUIREMENTS FOR VERDICTS OF GUILTY BUT MENTALLY ILL, SO AS TO PROHIBIT A COURT FROM ACCEPTING A PLEA OF GUILTY BUT MENTALLY ILL.
Ordered for consideration tomorrow.
The following was introduced:
H. 2730 -- Reps. Winstead, Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington and Whipper: A CONCURRENT RESOLUTION TO CONGRATULATE THE COLLEGE OF CHARLESTON MEN'S BASKETBALL TEAM FOR WINNING THE DISTRICT 6 NAIA BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2741 -- Rep. J. Bradley: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE GENERAL ASSEMBLY AT THE RECENT DEATH OF JOHN MARTIN SABOE OF CHARLESTON COUNTY AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 2731 -- Reps. P. Harris and Hawkins: A BILL TO AMEND CHAPTER 35 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSING HOME ADMINISTRATORS, BY ADDING SECTIONS 40-35-31 AND 40-35-32 SO AS TO PROVIDE FOR THE ISSUANCE OF EMERGENCY LICENSES AND THE SUPERVISION OF NURSING HOME AND INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED; TO AMEND SECTION 40-35-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, SO AS TO REDEFINE TERMS AND ADD ADDITIONAL DEFINITIONS; TO AMEND SECTION 40-35-30, RELATING TO THE LICENSING AUTHORITY OF THE BOARD, SO AS TO PROVIDE FOR THE LICENSING OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED; AND TO AMEND SECTION 40-35-140, RELATING TO THE LICENSING OF NURSING HOME OPERATORS, SO AS TO PROVIDE FOR THE LICENSING OF OPERATORS OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2732 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE HUNTING OF RACCOONS AND OPOSSUMS WITH ANY FIREARM, SAW, AX, ARTIFICIAL CALLING DEVICE, OR TREE-CLIMBING DEVICE DURING ANY PERIOD WHEN THEY MAY BE HUNTED WITHOUT FIREARMS, SO AS TO PERMIT THE USE OF MOUTH-OPERATED CALLING DEVICES DURING FIELD TRIALS.
Referred to Committee on Agriculture and Natural Resources
H. 2733 -- Reps. Chamblee, Cooper, P. Harris, Kay, Townsend and Tucker: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REVISE THE VOTING PRECINCTS, PROVIDE FOR MAPS DEFINING THE REVISED PRECINCT BOUNDARIES, AND PROVIDE FOR THE ESTABLISHMENT OF POLLING PLACES.
Without reference.
H. 2734 -- Reps. Keyserling, T. Rogers, Shelton, White, Hearn, McTeer, Foxworth, Foster, Wilder, Sheheen, Rudnick, Whipper, Moss, Nesbitt, Helmly, Cork, Kirsh, H. Brown, Hayes, Hodges, Toal, Neilson, J. Rogers, Evatt, Washington and Dangerfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.
Referred to Committee on Education and Public Works.
H. 2735 -- Reps. Huff, Tucker, M.D. Burriss, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, T.M. Burriss, Carnell, Chamblee, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, J.C. Johnson, J.W. Johnson, Jones, Kay, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, T. Rogers, Rudnick, Russell, Sharpe, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Waldrop, Washington, Wells, Whipper, White, Wilder, Williams and Winstead: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO ESTABLISH A STATE GRAND JURY BY GENERAL LAW; AND PROPOSING AN AMENDMENT TO SECTION 11 OF ARTICLE I OF THE CONSTITUTION, RELATING TO THE REQUIREMENT THAT NO PERSON MAY BE HELD TO ANSWER FOR ANY CRIME WHERE THE PUNISHMENT EXCEEDS A FINE OF TWO HUNDRED DOLLARS OR IMPRISONMENT FOR THIRTY DAYS, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY OF THE COUNTY WHERE THE CRIME HAS BEEN COMMITTED, WITH CERTAIN EXCEPTIONS SO AS TO PROVIDE THAT NOTHING CONTAINED IN THE CONSTITUTION IS DEEMED TO LIMIT OR PROHIBIT THE ESTABLISHMENT BY THE GENERAL ASSEMBLY OF A STATE GRAND JURY WITH THE AUTHORITY TO RETURN INDICTMENTS AND WITH THAT OTHER AUTHORITY, INCLUDING PROCEDURE, AS THE GENERAL ASSEMBLY MAY PROVIDE.
Referred to Committee on Judiciary.
H. 2736 -- Reps. Huff, Tucker, M.D. Burriss, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, C. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, T.M. Burriss, Carnell, Chamblee, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, J.C. Johnson, J.W. Johnson, Jones, Kay, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, T. Rogers, Rudnick, Russell, Sharpe, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Waldrop, Washington, Wells, Whipper, White, Wilder, Williams and Winstead: A BILL TO AMEND CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURIES AND JURORS BY ADDING ARTICLE 15 SO AS TO ESTABLISH A METHOD FOR CONVENING AND SELECTING A STATE GRAND JURY, TO PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND OPERATIONS, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATING THE SECRECY RULES OF THE STATE GRAND JURY PROCEEDINGS.
Referred to Committee on Judiciary.
H. 2737 -- Reps. Foxworth, Holt, Whipper, J. Bradley, Kohn, Aydlette, Dangerfield and D. Martin: A BILL TO AMEND SECTION 51-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO DELETE OBSOLETE REFERENCES TO MEMBERS ON THE COMMISSION WHO ARE MEMBERS OF THE SOUTH CAROLINA AMERICAN REVOLUTION BICENTENNIAL COMMISSION AND SUBSTITUTE A MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER AND A MEMBER OF THE SENATE APPOINTED BY THE PRESIDENT.
On motion of Rep. FOXWORTH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 2738 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-655 SO AS TO PROVIDE FOR THE ISSUANCE OF A LIMITED CERTIFICATE TO PRACTICE RESPIRATORY CARE AND TO PROVIDE FOR THE PAYMENT OF A FEE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2739 -- Reps. Snow, Elliott, Fair, Sharpe, Baker, M.D. Burriss, Lockemy, G. Brown, E.B. McLeod, Arthur, T. Rogers, Toal, H. Brown, Sturkie, L. Phillips, Winstead, Gilbert, Holt, Huff, White, McCain, Whipper, Klapman, Russell, Foxworth, Nesbitt, McGinnis, Felder, Sheheen, Blackwell, Clyborne, Mappus, Williams, Barfield, Keyserling, McLellan, Wells, Day, Chamblee, Jones, T.M. Burriss, Ogburn, Mattos, T.C. Alexander, Hendricks, P. Harris, Waldrop, Corning, Foster, Baxley, Hayes, J.H. Burriss, J.W. McLeod, Rhoad, Kay, Townsend, McBride, Bennett, Hawkins, Boan, R. Brown, Wilder, McTeer, Moss, Aydlette, J. Brown, Edwards, K. Bailey, Faber, Rice, Ferguson, O. Phillips, Blanding, Helmly, Petty, Washington, Evatt, Hearn, Harvin, Shelton, L. Martin, Davenport, Haskins and McKay: A JOINT RESOLUTION TO CONDUCT A PILOT PROJECT IN CHARLESTON, GREENVILLE, AND RICHLAND COUNTIES TO TEST THE EFFECTIVENESS OF IGNITION INTERLOCK DEVICES ON MOTOR VEHICLES OF PERSONS CONVICTED OF SECOND OFFENSE DUI FROM JULY 1, 1987 UNTIL JULY 1, 1990.
Referred to Committee on Judiciary.
H. 2740 -- Rep. J.D. Bradley: A BILL TO AMEND CHAPTER 5, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC RECORDS AND RECORDINGS GENERALLY BY ADDING SECTION 30-5-37 SO AS TO PROVIDE FOR THE FILING OF LIENS CREATED PURSUANT TO SECTION 107(f)(3) OF TITLE I OF THE FEDERAL SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 IN THE COUNTY IN WHICH THE REAL PROPERTY SUBJECT TO THE LIEN IS LOCATED.
Referred to Committee on Judiciary.
S. 489 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 31, PART II OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, RELATING TO INSURANCE COMPANY LICENSE FEES AND PREMIUM TAXES, SO AS TO REMOVE DIVIDENDS FROM THE COMPUTATION OF TOTAL PREMIUMS FOR PURPOSES OF THE PREMIUM TAX AND TO PROVIDE THAT RETALIATORY PROVISIONS APPLY TO A FOREIGN INSURER TRANSACTING BUSINESS IN THIS STATE REGARDLESS OF WHETHER A SIMILAR SOUTH CAROLINA INSURER IS LICENSED TO TRANSACT BUSINESS IN THE FOREIGN COMPANY'S STATE OF DOMICILE, TO PROVIDE THAT COMPARISONS OF TAXES AND OTHER OBLIGATIONS MUST BE BASED ON AN ITEM-BY-ITEM COMPARISON BETWEEN SOUTH CAROLINA TAXES AND OBLIGATIONS AND SIMILAR TAXES AND OBLIGATIONS OF THE FOREIGN INSURER'S STATE OF DOMICILE, AND TO PROVIDE THAT MUNICIPAL TAXES AND FEES MAY NOT BE CONSIDERED IN THE COMPARISONS.
Referred to Committee on Labor, Commerce and Industry.
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 Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Haskins Hayes Hearn Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Kohn Koon Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson 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 25, 1987.
Mickey Burriss William H. Jones David 0. Hawkins L. Edward Bennett Gene Stoddard T.M. Burriss Tom Limehouse John H. Burriss John R. Russell Derial Ogburn John J. Snow Lenoir Sturkie John Felder
LEAVE OF ABSENCE
The SPEAKER granted Rep. LEWIS a temporary leave of absence.
Rep. HEARN signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Friday, March 20, 1987.
Rep. WILKINS moved that when the House adjourns it adjourn to meet in Local Session Thursday and Friday and Statewide Session at 12:00 Noon Tuesday, which was agreed to.
The following Bill and Joint Resolutions 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. 513 -- Senator Pope: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS JANUARY 20 AND 21, 1987, MISSED BY BUSH RIVER ELEMENTARY SCHOOL STUDENTS IN NEWBERRY COUNTY WHEN THE SCHOOL WAS DESTROYED BY FIRE ARE EXEMPT FROM THE MAKE-UP REQUIREMENTS OF THE DEFINED MINIMUM PLAN.
S. 534 -- Senators Moore, Shealy and Setzler: A JOINT RESOLUTION TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE AIKEN COUNTY BOARD OF EDUCATION SERVING ON THE EFFECTIVE DATE OF AN ACT OF 1987 BEARING RATIFICATION NUMBER 29.
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.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 2662 -- 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, PROVIDE FOR MAPS DEFINING THE REVISED PRECINCT BOUNDARIES, AND PROVIDE FOR THE ESTABLISHMENT OF POLLING PLACES.
H. 2702 -- Reps. Simpson, Hendricks and L. Martin: A BILL TO AMEND ACT 609 OF 1984, RELATING TO THE BOARD OF TRUSTEES OF THE PICKENS COUNTY SCHOOL DISTRICT, SO AS TO INCREASE THE MONTHLY EXPENSE ALLOWANCE OF MEMBERS OF THE BOARD.
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.
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.
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.
H. 2707 -- Reps. M.O. Alexander, Clyborne, Haskins, Mattos, L. Phillips, Shelton and Wilkins: A BILL TO AMEND ACT 275 OF 1985, RELATING TO THE TAX LEVY FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO INCREASE FROM SEVENTY-TWO TO EIGHTY THE MAXIMUM MILLAGE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE DISTRICT.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 2727 -- Rep. Lewis: A BILL TO PROVIDE FOR THE ORGANIZATION AND OPERATION OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY, TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR ELECTION OF TRUSTEES, TO PROVIDE FOR THE ELECTION OF TRUSTEES AND PROVIDE FOR THE POWERS, DUTIES, AND COMPENSATION OF THE BOARD, TO PROVIDE FOR FUNDING OF THE SCHOOL DISTRICT'S OPERATIONS, TO AUTHORIZE THE ISSUANCE OF BONDS, TO PROVIDE FOR THE POWERS AND DUTIES OF THE FAIRFIELD COUNTY SUPERINTENDENT OF EDUCATION AND AREA ADVISORY TRUSTEES, AND TO REPEAL ACT 812 OF 1952 RELATING TO THE SCHOOL DISTRICT OF FAIRFIELD COUNTY.
H. 2729 -- Rep. G. Bailey: A JOINT RESOLUTION TO AUTHORIZE DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 TO ISSUE GENERAL OBLIGATION BONDS IN FULFILLMENT OF THE OBLIGATION INCURRED BY DORCHESTER COUNTY SCHOOL DISTRICT NO. 1 TO ISSUE THE BONDS.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 2729 be read the third time tomorrow.
The following Bill was taken up.
S. 503 -- Senators Nell W. Smith and Pope: A BILL TO AMEND ACT 480 OF 1986, RELATING TO THE REGULATION OF THE SALE, USE, AND STORAGE OF EXPLOSIVES, SO AS TO DECREASE THE REQUIRED AMOUNT OF LIABILITY INSURANCE OF BLASTERS.
Rep. HENDRICKS explained the Bill.
Rep. J. BRADLEY moved to commit the Bill to the Committee on Labor, Commerce and Industry.
Rep. HENDRICKS moved to table the motion, which was agreed to by a division vote of 23 to 9.
Rep. HENDRICKS moved to adjourn debate upon the Bill until Tuesday, March 31.
Rep. J. BRADLEY moved to table the motion, which was not agreed to.
Rep. J. BRADLEY moved to adjourn debate upon the Bill until Wednesday, April 8.
Rep. M.O. ALEXANDER moved to table the motion, which was not agreed to.
The question the recurred to the motion to adjourn debate until Wednesday, April 8, which was rejected by a division vote of 20 to 44.
Reps. KOHN, FOXWORTH and J. BRADLEY objected to the Bill.
The following Bill was taken up.
H. 2439 -- Rep. T. Rogers: A BILL TO AMEND SECTION 37-2-205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS MAKING CONSUMER CREDIT SALES, AND SECTION 37-3-305, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS MAKING CONSUMER LOANS, SO AS TO INCREASE THE FEE REQUIRED TO BE PAID WHEN THE SCHEDULE IS FILED; TO AMEND SECTION 37-6-203, RELATING TO ANNUAL NOTIFICATION FILINGS REQUIRED TO BE MADE UNDER THE CONSUMER PROTECTION CODE, SO AS TO INCREASE THE CERTAIN FEES REQUIRED IN CONJUNCTION WITH THE NOTIFICATION FILINGS; AND TO AMEND SECTION 38-50-120, RELATING TO REGISTRATION OF CLUB REPRESENTATIVES UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO INCREASE THE FEE REQUIRED FOR THIS REGISTRATION.
Rep. BLACKWELL withdrew his objection to the Bill.
Reps. FOXWORTH, MAPPUS and KOHN objected to the Bill.
Upon the withdrawal of an objection by Rep. WASHINGTON 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.
The Bill was read the second time and ordered to third reading.
Rep. KLAPMAN withdrew his objection to the following Bill whereupon an objection was raised by Rep. ARTHUR.
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.
Upon the withdrawal of objections by Reps. J. BRADLEY, FOXWORTH and HOLT the following Bill was taken up.
S. 46 -- Senator McLeod: A BILL TO ALTER THE COUNTY LINES OF CHARLESTON AND COLLETON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO COLLETON COUNTY, TO MAKE PROVISIONS FOR LEGAL RECORDS, AND TO PROVIDE THAT COLLETON COUNTY SHALL ASSUME THIRTY-NINE THOUSAND, NINE HUNDRED FIFTY-FIVE DOLLARS OF THE INDEBTEDNESS OF CHARLESTON COUNTY TRANSFERRED PURSUANT TO THIS ACT.
Rep. J. BRADLEY moved to table the Bill, which was agreed to.
On motion of Rep. PEARCE, with unanimous consent, the following Bills were introduced, read the first time, and ordered placed on the calendar without reference.
H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS, PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND A POSSESSION LIMIT; AND TO INCREASE PENALTIES.
Without reference.
H. 2743 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 50-17-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO DEFINE "PRIMARY WHOLESALE" AND "RETAIL" SEAFOOD DEALERS AND "SALTWATER FISHERY PRODUCTS" TO REGULATE THE SALE OF SALTWATER FISHERY PRODUCTS IN SOUTH CAROLINA AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Without reference.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2100 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-21-835 SO AS TO PROVIDE THE COUNTY MENTAL RETARDATION BOARDS CREATED BY COUNTY COUNCIL ACTIONS SHALL HAVE EQUAL STATUS AND PERFORM THE SAME DUTIES AS THOSE CREATED BY AUTHORITY OF SECTION 44-21-830.
Rep. P. HARRIS explained the Senate amendments.
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. WILKINS moved to adjourn debate upon the Senate Amendments to the following Bill until Tuesday, March 31, which was adopted.
H. 2345 -- Rep. Wilkins: A BILL TO AMEND SECTION 2-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO INCLUDE THE CHIEF JUDGE AND ASSOCIATE JUDGES OF THE COURT OF APPEALS ON THE DISTRIBUTION LIST; TO AMEND SECTION 11-25-640, RELATING TO PROVISIONS CONCERNING PERSONS ENTITLED TO RECEIVE COPIES OF THE ACTS AND JOINT RESOLUTIONS, SO AS TO PROVIDE THAT COPIES OF THE ACTS AND JOINT RESOLUTIONS BE DISTRIBUTED TO THE COURT OF APPEALS; AND TO AMEND SECTION 2-13-190, RELATING TO ADVANCE SHEETS, SO AS TO INCLUDE THE COURT OF APPEALS JUDGES AND THE CLERK OF THE COURT OF APPEALS ON THE LIST OF DISTRIBUTION.
The Senate amendments to the following Bill were taken up for consideration.
H. 2412 -- Reps. Wilkins, P. Bradley, Arthur, Gentry, Hayes, Baxley, Beasley, Tucker, Short, Boan, T.M. Burriss, J.W. Johnson, Corning and Hearn: A BILL TO AMEND SECTION 15-39-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL SALE DAYS, SO AS TO PROVIDE THAT THE COURT OFFICER WITH AUTHORITY TO CONDUCT THE JUDICIAL SALE OF REAL PROPERTY PURSUANT TO A JUDGMENT OF FORECLOSURE AND SALE MAY DIRECT THAT THE SALE BE CONDUCTED ON ANY DAY OR DAYS; AND TO AMEND SECTION 29-3-680, RELATING TO APPLICATION FOR ORDER OF APPRAISAL BY A DEFENDANT IN A REAL ESTATE FORECLOSURE ACTION AGAINST WHOM A PERSONAL JUDGMENT BE TAKEN OR ASKED, SO AS TO PROVIDE THAT THE PETITION FOR APPRAISAL MUST BE MADE WITHIN THIRTY DAYS RATHER THAN NINETY DAYS AFTER THE SALE.
Rep. WILKINS explained the Senate amendments.
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.
The Senate amendments to the following Bill were taken up for consideration.
H. 2083 -- Reps. Rice, Mattos, Fair and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-81 SO AS TO REQUIRE THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT WHICH ELECTS ITS MEMBERS TO PROVIDE BY RESOLUTION FOR AN INCREASE IN THE NUMBER OF THE GOVERNING BODY AFTER APPROVAL BY A MAJORITY OF THE QUALIFIED ELECTORS RESIDING IN THE DISTRICT VOTING IN A REFERENDUM PROVIDE A METHOD FOR INITIATING THE REFERENDUM, AND PROVIDE FOR THE CALLING OF AN ELECTION AFTER A FAVORABLE REFERENDUM TO ELECT ADDITIONAL MEMBERS OF THE DISTRICT, PROVIDE FOR THE TERMS OF THE ADDITIONAL MEMBERS, AND REQUIRE THE DISTRICT TO ASSUME ALL COSTS ASSOCIATED WITH CONDUCTING THE REFERENDUM OR ELECTION, OR BOTH.
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.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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. J. ROGERS explained the Bill.
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.
The following Bill was taken up.
H. 2039 -- Reps. Limehouse and P. Bradley: A BILL TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE WHOLESALERS OR DEALERS, SO AS TO INCREASE THE PENAL AMOUNT OF SURETY BONDS REQUIRED OF THEM FROM FIFTEEN THOUSAND TO TWENTY-FIVE THOUSAND DOLLARS.
Rep. O. PHILLIPS moved to adjourn debate upon the Bill.
Rep. L. MARTIN moved to table the motion, which was agreed to.
The question then recurred to the passage of the Bill, which was agreed to, and the Bill was ordered sent to the Senate.
The following Bill was taken up.
S. 503 -- Senators Nell W. Smith and Pope: A BILL TO AMEND ACT 480 OF 1986, RELATING TO THE REGULATION OF THE SALE, USE, AND STORAGE OF EXPLOSIVES, SO AS TO DECREASE THE REQUIRED AMOUNT OF LIABILITY INSURANCE OF BLASTERS.
Rep. DANGERFIELD moved to commit the Bill to the Committee on Labor, Commerce and Industry, retaining its place on the calendar, which was agreed to.
The following Bill was taken up.
H. 2439 -- Rep. T. Rogers: A BILL TO AMEND SECTION 37-2-205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS MAKING CONSUMER CREDIT SALES, AND SECTION 37-3-305, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS MAKING CONSUMER LOANS, SO AS TO INCREASE THE FEE REQUIRED TO BE PAID WHEN THE SCHEDULE IS FILED; TO AMEND SECTION 37-6-203, RELATING TO ANNUAL NOTIFICATION FILINGS REQUIRED TO BE MADE UNDER THE CONSUMER PROTECTION CODE, SO AS TO INCREASE THE CERTAIN FEES REQUIRED. IN CONJUNCTION WITH THE NOTIFICATION FILINGS; AND TO AMEND SECTION 38-50-120, RELATING TO REGISTRATION OF CLUB REPRESENTATIVES UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO INCREASE THE FEE REQUIRED FOR THIS REGISTRATION.
Rep. T. ROGERS explained the Bill.
Rep. FOXWORTH moved to adjourn debate upon the Bill.
Rep. T. ROGERS moved to table the motion which was agreed to.
The question then recurred to the passage of the Bill, which was agreed to, and the Bill was ordered sent to the Senate.
The following Concurrent Resolution was taken up.
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.
Whereas, Joseph H. Croxton was a long-time leader in the historic preservation of written history as well as buildings and historic sites in South Carolina and was the first chairman of the Lancaster County Historical Commission; and
Whereas, Mr. Croxton prepared the first master plan for the development of Andrew Jackson State Park in the early 1950's, and also prepared the second plan in 1970 in which he initially proposed an amphitheater for the park; and
Whereas, he combined his talent in art with his devotion to historic preservation to assist with the development of other parks such as King's Mountain State Park when the state parks were then operated by the State Forestry Commission; and
Whereas, Joseph H. Croxton contributed to the community around him throughout his lifetime serving, among other important leadership roles, as president of the Lancaster Rotary Club, and the Lancaster County Chamber of Commerce; and
Whereas, the members of the General Assembly believe that to name the new amphitheater at the Andrew Jackson State Park in honor of Joseph H. Croxton would be a fitting tribute to this outstanding South Carolinian. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly 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.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Parks, Recreation and Tourism Commission.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The motion period was despensed with on motion of Rep. L. MARTIN.
The following was received. Columbia, S.C., March 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:25 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. KIRSH the invitation was accepted.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, the reading of the Bill having been ordered.
H. 2482 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR NOTIFICATION TO THE PARTIES AT ISSUE OF THE TIME AND PLACE OF HEARING, WHICH MUST BE HELD WITHIN A CERTAIN PERIOD OF TIME; TO AMEND SECTION 42-17-20, RELATING TO THE HEARING BEFORE THE WORKERS' COMPENSATION COMMISSION ON AMOUNT OF COMPENSATION PAYABLE, SO AS TO PROVIDE FOR WHEN THE HEARING UNDER THIS SECTION MUST BE HELD; AND TO AMEND SECTION 1-23-320, RELATING TO PROVISIONS FOR NOTICE AND HEARING IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT FROM THESE PROVISIONS PROCEEDINGS BEFORE THE WORKERS' COMPENSATION COMMISSION, WHICH ARE GOVERNED INSTEAD BY SECTIONS 42-9-260 AND 42-17-20.
Rep. TOAL moved to table the Bill.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bailey, K. Baxley Blanding Bradley, J. Brown, J. Chamblee Clyborne Cooper Faber Ferguson Foster Gentry Gilbert Gregory Hawkins Hayes Hodges Holt Huff Johnson, J.C. Johnson, J.W. Keyserling Limehouse Mattos McBride McEachin Phillips, O. Rice Rogers, T. Rudnick Russell Sheheen Shelton Stoddard Toal Tucker Waldrop Washington Whipper White Wilkins Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Beasley Bennett Blackwell Boan Bradley, P. Brown, G. Brown, H Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Fair Foxworth Harris, J. Harris, P. Haskins Hearn Hendricks Jones Kirsh Klapman Lockemy Mappus Martin, D. Martin, L. McCain McElveen McGinnis McLellan McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Pearce Petty Phillips, L. Sharpe Simpson Taylor Thrailkill Townsend Wells Wilder
So, the House refused to table the Bill.
Rep. GREGORY moved to adjourn debate upon the Bill until Thursday, April 16.
Rep. L. MARTIN moved to table the motion and 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 Beasley Bennett Bradley, P. Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Fair Foxworth Harris, J. Haskins Hearn Hendricks Jones Kay Kirsh Klapman Koon Mappus Martin, D. Martin, L. McCain McElveen McLellan McLeod, E.B. Moss Neilson Nesbitt Pearce Petty Sharpe Simpson Taylor Thrailkill Wells Wilder
Those who voted in the negative are:
Arthur Bailey, K. Baxley Blanding Boan Bradley, J. Brown, J. Carnell Chamblee Clyborne Cooper Faber Ferguson Gentry Gilbert Gregory Hayes Hodges Holt Huff Johnson, J.C. Johnson, J.W. Keyserling Limehouse Lockemy Mattos McBride McEachin McGinnis Nettles Phillips, O. Rice Rogers, T. Rudnick Russell Sheheen Shelton Stoddard Toal Townsend Tucker Waldrop Washington Whipper White Wilkins Williams
So, the motion to table was agreed to.
The Reading Clerk read the Bill.
Rep. L. MARTIN continued explaining the Bill.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of the Bill, Rep. L. MARTIN having the floor.
At 11:25 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R32) S. 467 -- Senator Land: AN ACT TO REDUCE THE NUMBER OF MAGISTRATES IN LEE COUNTY AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF TWO MAGISTRATES.
(R33) 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, CODE OF LAWS OF SOUTH CAROLINA, 1976.
(R34) S. 387 -- Senator Bryan: AN ACT 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.
(R35) H. 2015 -- Reps. McLellan, Aydlette, Boan, Taylor and P. Bradley: AN ACT TO ENACT THE MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED PROPERTY ACT, TO PROVIDE PENALTIES INCLUDING FORFEITURE FOR VIOLATIONS, AND TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE OFFENSES ESTABLISHED IN THIS ACT.
(R36) H. 2234 -- Reps. McElveen, E.B. McLeod, Wilkins, Baxley, Blanding, G. Brown, J.W. Johnson and Huff: AN ACT TO AMEND SECTION 20-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCE REQUIREMENTS IN ORDER TO INSTITUTE AN ACTION FOR DIVORCE SO AS TO PROVIDE THAT THE TERMS "RESIDENTS" OR "RESIDED" AS USED IN THIS SECTION AS IT APPLIES TO A PLAINTIFF OR DEFENDANT STATIONED IN THIS STATE ON ACTIVE DUTY MILITARY SERVICE MEANS A CONTINUOUS PRESENCE IN THIS STATE FOR THE PERIOD REQUIRED REGARDLESS OF INTENT TO PERMANENTLY REMAIN IN SOUTH CAROLINA.
(R37) H. 2045 -- Reps. Hayes, Foster and Kirsh: AN ACT TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT SALES OF KEROSENE IN QUANTITIES OF TWENTY GALLONS OR LESS ARE CONSIDERED USED FOR RESIDENTIAL HEATING PURPOSES.
(R38) H. 2118 -- Rep. Kirsh: AN ACT TO AMEND CHAPTER 7 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL STRUCTURE, ORGANIZATION, POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES, BY ADDING SECTION 5-7-300 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAXES BY MUNICIPALITIES.
(R39) H. 2147 -- Rep. McLellan: AN ACT TO AMEND SECTION 8-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTIVE SALARY AND PERFORMANCE EVALUATION COMMISSION, SO AS TO CHANGE THE NAME TO THE AGENCY HEAD SALARY COMMISSION.
(R40) H. 2452 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, RELATING TO WARNING TICKETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 727, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R41) H. 2221 -- Reps. Wilder and Kirsh: AN ACT TO AMEND SECTION 4-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT THE TERMS OF OFFICE OF COUNTY OFFICERS COMMENCE, SO AS TO PROVIDE THAT THE TERMS OF OFFICE OF COUNTY AUDITORS AND COUNTY TREASURERS SHALL COMMENCE ON THE FIRST DAY OF JULY NEXT FOLLOWING THEIR ELECTION.
At 11:30 A.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. KEYSERLING a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. L. MARTIN having the floor.
H. 2482 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR NOTIFICATION TO THE PARTIES AT ISSUE OF THE TIME AND PLACE OF HEARING, WHICH MUST BE HELD WITHIN A CERTAIN PERIOD OF TIME; TO AMEND SECTION 42-17-20, RELATING TO THE HEARING BEFORE THE WORKERS' COMPENSATION COMMISSION ON AMOUNT OF COMPENSATION PAYABLE, SO AS TO PROVIDE FOR WHEN THE HEARING UNDER THIS SECTION MUST BE HELD; AND TO AMEND SECTION 1-23-320, RELATING TO PROVISIONS FOR NOTICE AND HEARING IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT FROM THESE PROVISIONS PROCEEDINGS BEFORE THE WORKERS' COMPENSATION COMMISSION, WHICH ARE GOVERNED INSTEAD BY SECTIONS 42-9-260 AND 42-17-20.
Rep. L. MARTIN continued speaking.
Rep. J. BRADLEY moved to continue the Bill.
Rep. DANGERFIELD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bailey, K. Baxley Blanding Bradley, J. Brown, J. Chamblee Faber Felder Ferguson Foster Gilbert Gregory Harvin Hodges Huff Johnson, J.C. Johnson, J.W. Limehouse Martin, D. Mattos McBride McEachin Rice Rudnick Russell Sheheen Shelton Tucker Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barfield Beasley Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Dangerfield Davenport Derrick Edwards Elliott Evatt Foxworth Harris, J. Harris, P. Haskins Hawkins Hearn Hendricks Jones Kirsh Klapman Koon Lockemy Mappus Martin, L. McCain McElveen McGinnis McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Ogburn Petty Phillips, L. Phillips, O. Sharpe Simpson Snow Sturkie Thrailkill Townsend Wells Wilder
So, the House refused to continue the Bill.
Rep. L. MARTIN continued speaking.
Rep. J. BRADLEY moved to table the Bill.
Rep. T.M. BURRISS raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. L. MARTIN continued speaking.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill, Rep. L. MARTIN having the floor.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 470 -- Senators Thomas E. Smith, Jr., Lourie, Martin and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MARCH 25, 1987, AS THE TIME FOR ELECTING SUCCESSORS TO ASSOCIATE JUDGES JOHN P. GARDNER, SEAT 1, AND CURTIS G. SHAW, SEAT 2, OF THE COURT OF APPEALS, WHOSE TERMS EXPIRE JUNE 30, 1987.
The President announced that nominations were in order for Associate Judges Seats 1 and 2 of the Court of Appeals.
Senator Thomas E. Smith, Jr., on behalf of the Judicial Screening Committee, nominated the Honorable John P. Gardner and the Honorable Curtis G. Shaw.
Rep. TOAL, on behalf of the Richland Delegation, Rep. WILKINS, on behalf of the Greenville Delegation, Senator Hinson, on behalf of the Joint Assembly and the Charleston Delegation seconded the nomination of Mr. Gardner and Mr. Shaw.
On motion of Senator Thomas E. Smith, Jr., nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon the President announced that the Honorable John P. Gardner and the Honorable Curtis G. Shaw were duly elected for the term prescribed by law.
The Reading Clerk of the. House read the following Concurrent Resolution:
H. 2438 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE JAMES P. DEAN OF MISSISSIPPI, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:15 P.M. ON WEDNESDAY, MARCH 25, 1987.
Mr. James P. Dean, National Commander of the American Legion and distinguished party were escorted to the rostrum by Governor Carroll A. Campbell, Senators Hinson, Fielding and Shealy and Representatives FOSTER, NETTLES and LOCKEMY.
Governor Campbell introduced the honored guest as follows:
"Mr. President, Mr. Speaker, members of the General Assembly, National President of the Legion Auxiliary, Mrs. Scott from Minnesota, ladies and gentlemen, it is indeed a pleasure for me to be here today to honor our country's largest veterans' organization, and therefore, each and every veteran that has served his or her nation. General Douglas MacArthur once said of the men and women in uniform, 'All their yesterdays make possible our tomorrows.' This country, ladies and gentlemen, has a future because of the sacrifice of the veterans of our country, and we dare not ever forget that fact. It is therefore an honor and a privilege for me to introduce our speaker, the National Commander of the American Legion. Our speaker served in the United States Army during the Korean War; he graduated with an LL.B. and a Juris Doctorate from the University of Mississippi; he is a life member of the Department of Mississippi' 9 American Legion Post #6 in Corinth, Mississippi; and, he has been an active Legionnaire for over thirty years. He served as Commander of his Post, as Northern Vice-Commander, as Judge Advocate and as Department Commander. The Commander has also been active at the national level of the American Legion, where he served as Chairman of the American Legion's National Internal Affairs Committee from 1976 to 1984. He maintains a practice of law in his home town of Corinth and, in his spare time, he serves as a municipal judge. Ladies and gentlemen, a truly outstanding American honors us with his presence today. At this time, it gaves me great pleasure to present to you the National Commander of the American Legion, James P. 'Jimmy' Dean, Commander Dean."
Commander Dean:
Governor Campbell, certainly I express to you my personal appreciation for those very gracious remarks. Certainly, Mr. Lieutenant Governor, Mr. Speaker, all of our friends from the American Legion, all of our state officials, our guests, certainly our National President from Minnesota who is visiting with us here in your great state. Certainly, it's a pleasure for me to be with you here today. I consider it a personal honor, and a very distinct privilege to appear before an esteemed group of people, our state legislators and our officials of any great state.
I feel like I'm not a stranger to those of you here. I was fortunate to be elected to the House of Representatives while I was a freshman in law school. Four years later, I was elected to the State Senate. In the legislature in Mississippi, they didn't understand whether that was going uphill or downhill. We used to do quite a bit of kidding about it. But I have a great amount of respect for persons who give a great deal of service, the elected officials of our great country, those who serve in the positions of the state legislature and the Governor, and the Speaker of the House, and others. In my opinion, I don't think there's a more responsible position than being in this position. You represent those of the constituencies of your state, and with the great concerns your state has.
Certainly, I appreciate a great long-time personal friend of yours and mine, that's Roy Stone. With Mr. Stone's help, of course, this visit became possible. Roy is one of the many South Carolina Legionnaires who devote much of their time and their lives to the interests of not only veterans and the American Legion, but also the citizens of your great state. Your state and our organization are far better off that we have such great sons here in this great state of South Carolina, who have dedicated their lives to the service to others, because that's really what it's all about.
The issues before the American Legion and the American veterans today are pressing hard on us and on you. There is no time to waste in a lot of talk. It's time for action. With that in mind, I want to put to good use the time you have so graciously made available to me today.
My being here is not a one way proposition. The men and women of the American Legion Department of South Carolina need you, and you need them. That is true of the relationship between our members and the men and women around the country who, like you, have sought and accepted the challenge of elected service.
Legionnaires and Auxiliary members across the nation are among the best informed and most actively concerned citizens in this country. That is reflected in the extent to which our members volunteer their time, involve themselves in community activities, and exercise the most fundamental of all the rights and obligations of American citizenship: the casting of a ballot.
I have always been impressed, but not surprised, by the consistency of our members' registration and voting habits. According to a survey just completed by the American Legion Magazine, better than 95 percent of our members are registered voters, and nearly 90 percent of them enter the voting booth regularly and faithfully.
I am sure I don't need to tell you that such a record of dedication and concern is unmatched by any other individual segment of our population, and that if all Americans felt as deeply about the voting privilege and exercised it as faithfully, ours would be a far different country.
That is precisely what the American Legion and the American Legion Auxiliary are working for -- a better America, a stronger America, a more compassionate America. Such work begins here, in places like the South Carolina Legislature, with people like you.
A good example of how we work to make America that kind of place is the revised Aging Veteran booklet, which I trust you have all received, in a version dedicated to the veteran population of South Carolina. We put that book together to inform legislators, governors, journalists, and the people of the inestimable value of Veterans Administration activities to the people and economy of South Carolina, and further, to underscore the dramatic effect current efforts to dismantle the VA health care system would have on the states.
You've read the book. I don't need to go into the statistics, but I would like to underscore one point: without VA hospitals, clinics, nursing homes, domiciliaries, the veterans of South Carolina who cannot provide for their own health care needs will have to be cared for by South Carolina hospitals and staffs that already are under severe strains.
The future of veterans benefits is a part of the future of all of us in this room. Each and every one of us has an important responsibility in helping to determine what course that future will follow.
The stark fact of the matter is this - and this is where men and women who serve in state legislatures around the country are so directly affected - the stark fact is that the survival of the Veterans Administration and its system of health care for veterans is seriously threatened.
The administrator of Veterans Affairs, Tom Turnage, testified before the House Veterans Affairs Committee on the Administration's proposed FY 1988 VA budget. Within the first minute of his testimony he told Congressmen that the budget he was defending would decrease the VA payroll by more than 3,000 people. These manpower cuts, brought about by funding, come at a time when the VA's own figures show demand will grow by leaps and bounds.
Turnage tried to assure those committeemen who had expressed concern over the budget for this year and next that, in his words, 'This budget will enable the Veterans Administration to meet its, goals and objectives.'
If that be the case, then I ask Mr. Turnage, just what are the goals and objectives of the VA? He says it is quality medical care for America's. disabled and needy veterans. But, it certainly doesn't look that way when the smoke clears. What it really looks like is a continuation of the effort to dismantle the VA health care system.
The administrator also told that committee: 'This administration believes that, as a rule, when veterans' illnesses are completely unrelated to their military service and they are financially able to provide for their own health care, they should do so.'
I don't think there is a soul in this room who would disagree with this position. But, the fact of the matter is more than 90 percent of all patients seeking care at a VA hospital have no other medical source. They are unable to provide funds for their care.
What makes Mr. Turnage think, given that the veteran population over age 65 is growing rapidly, these veterans will be any better off? The long-term trend just doesn't support this attack.
The VA has been cutting full-time positions steadily over the past few years, and every cut brings its problems. Those problems cause doctors and patients alike to lose something. Now the VA is planning to eliminate between 3,000 and 4,000 employees from its payroll.
Doctors are frustrated because it takes longer for lab tests and X-rays to be processed. Patients suffer because they are made to wait longer than they should for the care they have earned.
If that system goes down, the cost of providing health care for millions of needy, elderly, and sick veterans will fall to those of you in this room. You will have to make up the shortfall in what Medicare provides to you for the care of needy patients. You will have to raise the funds for that purpose. You will have to explain why it is necessary for South Carolina to assume a responsibility that the Federal Government ought to shoulder.
After all, did any young man or woman enlist in the South Carolina Navy? The South Carolina Air Force? No. Your young men and women put on the uniforms of the United States and served proudly, often at great risk. It is the responsibility of the United States to honor the commitment made.
The rapidly aging veteran population poses a challenge to the entire nation's commitment to her veterans. And from all indications it is not the kind of commitment those who oppose the current system of veterans benefits would have us honor. Washington lawmakers seem to have other plans.
The matter of sustaining an adequate system of veterans benefits is more and more the focus of attack by those who set priorities for national spending. I can think of no group in our society which has been treated as uniformly unfairly as our nation's veterans, and who face such bleak prospects at the hands of policymakers.
VA health care is not a giveaway program benefiting those who can and should pay for their own health care. But the fact remains, there are some who simply cannot afford the cost of even minimal health care.
It is this segment of the veteran population the VA is serving, and it is this very segment of the veteran population that is increasing rapidly.
The VA's own estimate is that just twelve years from now, its daily patient load of veterans over the age of 65 will be 115,000 per day compared with only 40,000 a day in 1983.
If those veterans don't get the health care they need from the VA, and if they are unfortunate enough to fall into a class of veterans no longer eligible for any kind of health care, they can only turn to other levels of government, most likely through Medicare or Medicaid for their life-preserving health care needs. That is care that would come from a system in which costs have increased more than 400 percent since 1975.
It has long been true that the VA provides care for the oldest, the sickest and the poorest among the veteran population, a fact which obscures that the VA nevertheless turns away 37,000 veterans a day from its facilities around the country. And let me add that the 37,000 figure, the VA's own statistic, does not include anyone turned away as a result of the recently imposed 'means test' and insurance reimbursement requirements, and it most certainly doesn't include those who just don't show up because they figure they're going to be disqualified anyway. We don't know yet the full effect of those procedures on the veterans population.
Yes, our membership is growing. We are approaching a 30-year high. Is that because we have convinced the country every veteran is disadvantaged? Of course not. It's because of some very hard work by an awful lot of Legionnaires who are convincing their fellow veterans that unless we watch out for those among us who cannot watch out for themselves, no one will.
Ladies and gentlemen, I have heard all of the foolish comments about veterans and veterans organizations I care to hear. It is worse than foolishness. It presents a picture of America's veterans that is insulting, condescending and a disservice to the hundreds of thousands of veterans who continue to suffer from their war experiences.
For how many years will we have to stand for these patients, these veterans, to be treated as if they were nothing more than charity cases of the U.S. Government? If veterans are treated that way, they will soon have no reason to believe otherwise.
The question each of you must ask is this: is that kind of treatment acceptable? If it is not, and I think it is not, then you and I cannot sit back and be just irritated. You in South Carolina also have a responsibility to see that America sustains a just and equitable system of benefits, administered by that government which called young Americans into service.
What the members of the American Legion are saying, and what you and other legislators must understand, is this: we just will not stand for more cuts, hidden or otherwise, in the VA medical budget.
Despite the charges of those who would strip away the veterans benefits system, who see it as a wasteful raid on the Treasury, the facts are clear. Arm yourselves with them. In health care, in economic programs, in Job training, in lifestyle and quality of life, veterans benefits have an effect on our society that goes far beyond their effect on veterans, for the good of our nation.
I encourage you to get involved in this most vital of American policy issues. For it is so very true, America's veterans and America's lawmakers are facing some tough challenges.
Ladies and gentlemen, I wish I could stand here and tell you that is it, the sum total of all the problems America's veterans face. But we share with all Americans an impending crisis that threatens to dwarf even our concern over veterans issues, for the fact is, without a secure nation, safe from within and without, no benefit and no privilege of American citizenship will long persist.
With that in mind, I must tell you of a real threat to our future, to our identity as a nation and to our continued national security. That threat comes from Central America.
I don't need to tell you that without adequate national security, without a society free from threats and tyranny, all the solid community programs of the American Legion and all the efforts of lawmakers like yourselves to make South Carolina a great place to live will be without real meaning.
Unlike a few years ago, when national security threats seemed to be oceans away, the growing threat to America's security is right at our own back door.
Our neighbors out west have a border that can easily be challenged and breached.
Central America simmers with conflict. It threatens to pervade every nation in that region. To think that the United States is somehow immune to the threat is to ignore reality.
The American Legion has been concerned with Central America for a very long time. Recent events have proven us right to be so concerned.
It is not enough that Soviet and Cuban influences in Nicaragua threaten every one of that troubled nation's neighbors. It is not enough to know that financial aid to the Contras, those who helped throw out a despotic dictator and who were then, themselves, run out of the country by the leftists, is constantly challenged in the press and in Congress.
And it is not enough to know that a flood of refugees from that country and its neighbors is rising and moving away from oppression. That tide is moving north toward Mexico and the United States.
And if you think Mexico, with all the economic and social problems it faces, is going to contain those 12 million of refugees, think again. They will keep coming. Nothing short of an armed and fortified southern border, including our neighbors in California, Arizona, Texas and New Mexico, armed and fortified by your sons and daughters will control them.
I returned from a trip to Central America with a commitment as strong as ever to support sound U. S. foreign policies that can turn back the threat to democracy in Central America.
It is time for America to pay better attention to the happenings in our own neighborhood. And it is time for America to own up to the commitment made to.our citizens who have taken care of their responsibility to serve this nation in uniform.
The American Legion stands ready to help lead the nation back to those commitments. We look to you to join in that effort.
Ladies and gentlemen, you have been generous with your time and I appreciate the attention you have given to my message.
Thank you."
Upon the conclusion of his address, Commander Dean and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:28 P.M. the House resumed, the SPEAKER in the Chair.
Rep. TOAL moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment.
The Senate returned to the House with concurrence the following:
H. 2614 -- Agriculture and Natural Resources Committee: A CONCURRENT RESOLUTION TO EXTEND THE ENDORSEMENT AND SUPPORT OF THE GENERAL ASSEMBLY FOR A CONTINUING STATE PROGRAM TO MAKE ALL RESIDENTS OF THE STATE AWARE OF THE LITTER PROBLEM AND TO ORGANIZE SUPPORT TO ELIMINATE AND CONTROL THE PROBLEM AND TO EXPRESS APPRECIATION TO PUBLIC AND PRIVATE ORGANIZATIONS INVOLVED IN THE LITTER CONTROL PROGRAM.
H. 2741 -- Rep. J. Bradley: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE GENERAL ASSEMBLY AT THE RECENT DEATH OF JOHN MARTIN SABOE OF CHARLESTON COUNTY AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 2730 -- Reps. Winstead, Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington and Whipper: A CONCURRENT RESOLUTION TO CONGRATULATE THE COLLEGE OF CHARLESTON MEN'S BASKETBALL TEAM FOR WINNING THE DISTRICT 6 NAIA BASKETBALL CHAMPIONSHIP.
At 12:30 P.M. the House in accordance with the motion of Rep. TOAL adjourned to meet at 10:00 A.M. tomorrow.
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