Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Father of love and understanding, from the chaos and confusion of the world, we come into the sanctuary of Your presence to ask that You would be our chart and compass as we move into the duties of this day. Save us from pride and arrogance. We pray for wisdom for our problems, insight for our times, and vision which set our eyes on worthwhile horizons. Give to us a steady faith, a dauntless hope, and understanding charity, and a will to labor unfalteringly for the good of Your people everywhere. May all selfishness be burned from our hearts and prejudice purged from our minds.
Grant us the abundance of Your presence, not just for now but 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 Friday, the SPEAKER ordered it confirmed.
The following was received.
March 26, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 769)
Dear Mrs. Shealy:
The South Carolina Department of Health and Environmental Control is hereby resubmitting regulations with changes concerning Air Pollution Control (Document No. 769), effective March 25, 1987.
These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received from the Senate.
Columbia, S.C., March 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to:
H. 2159 -- Reps. Hearn, Day, Moss, Limehouse, Wilkins, Haskins, Toal and Baxley: A Bill TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-27-15 SO AS TO PROVIDE INTERPRETERS FOR A DEAF PERSON WHO IS PARTY TO ANY LEGAL PROCEEDING OR A WITNESS THEREIN OR CONFINED TO ANY INSTITUTION.
and asks for a Committee of Conference and has appointed Senators Thomas E. Smith, Jr., POPE and HAYES, of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 1
Whereupon, the Chair appointed Reps. HEARN, WILKINS and McELVEEN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 2120 -- Reps. Kirsh, Nesbitt and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-135 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY MAY NOT ENFORCE ANY PROVISIONS OF A NATIONALLY RECOGNIZED BUILDING CODE WHICH IT HAS ADOPTED TO REGULATE THE CONSTRUCTION OR IMPROVEMENT OF AGRICULTURAL BUILDINGS, TO DEFINE AGRICULTURAL BUILDING, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY UNLESS PRIOR TO CONSTRUCTING AN AGRICULTURAL BUILDING THE PERSON OWNING THE PROPERTY ON WHICH THE BUILDING IS TO BE CONSTRUCTED FILES AN AFFIDAVIT WITH THE COUNTY OFFICIAL RESPONSIBLE FOR ENFORCING THE BUILDING CODE STATING THAT THE BUILDING IS BEING CONSTRUCTED ON AGRICULTURAL PROPERTY AS DEFINED UNDER THE PROVISIONS OF SECTION 12-43-230, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT AFFECT THE ISSUANCE OF BUILDING PERMITS BY ANY COUNTY WHICH REQUIRES ONE PRIOR TO THE CONSTRUCTION OR IMPROVEMENT OF A BUILDING.
Rep. KIRSH explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2021 -- Reps. Harvin, T.M. Burriss, P. Bradley and Corning: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO PROSCRIBE THE FAILURE TO PROVIDE HUMANE CARE AND TREATMENT AND VETERINARY CARE AND TO INCREASE THE PENALTIES.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 2392 -- Rep. J. Rogers: A BILL TO AMEND SECTION 44-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO ADD TO THE BOARD THE CHAIRMAN OF THE HOUSE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE, OR HIS DESIGNEE, AND THE CHAIRMAN OF THE SENATE MEDICAL AFFAIRS COMMITTEE, OR HIS DESIGNEE.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 2539 -- Reps. Evatt, Cooper, Blackwell, Kay, Townsend, Snow, Shelton, Helmly, Taylor and Foster: A BILL TO AMEND SECTIONS 44-7-110 THROUGH 44-7-340, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO CHANGE THE CITATION OF THE ARTICLE TO THE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, PROVIDE FOR A STATE MEDICAL FACILITIES PLAN, PROVIDE FOR THE CONSOLIDATION OF LICENSING REQUIREMENTS FOR HEALTH FACILITIES INCLUDING HOSPITALS, PSYCHIATRIC HOSPITALS, SKILLED NURSING CARE, INTERMEDIATE CARE, AMBULATORY SURGICAL, CHIROPRACTIC INPATIENT, COMMUNITY RESIDENTIAL CARE, AND ADULT DAY-CARE FACILITIES, FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, END-STAGE RENAL DISEASE UNITS, TO PROVIDE PENALTIES, AND TO REPEAL ARTICLES 4 AND 6, CHAPTER 7, TITLE 44 AND CHAPTER 65 OF TITLE 44 RELATING TO LICENSING, REGULATION, AND INSPECTION OF COMMUNITY RESIDENTIAL FACILITIES AND OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS AND DAY-CARE FACILITIES FOR ADULTS AND SECTIONS 44-7-350 THROUGH 44-7-460 RELATING TO REQUIREMENTS FOR LICENSING, GROUNDS FOR SUSPENSION AND REVOCATION OF LICENSE, AND FOR ADMINISTRATIVE REVIEW AND PENALTIES UNDER THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 329 -- Senator Dennis: A BILL TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO CONSTRUCT A WATER CONTROL STRUCTURE ON BIGGIN CREEK IN THE OLD SANTEE STATE PARK IN BERKELEY COUNTY.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 455 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO CITY, COUNTY, AND REGIONAL HOUSING AUTHORITY BOND ISSUES FOR MULTIFAMILY HOUSING PROJECTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2072 -- Reps. Fair, Beasley, Hayes, M.O. Alexander, G. Bailey, Baker, Barfield, Blackwell, H. Brown, R. Brown, M.D. Burriss, Chamblee, Clyborne, Cooper, Davenport, Elliott, Felder, Hearn, Jones, Kay, Kirsh, Lockemy, McGinnis, McTeer, Neilson, Nesbitt, Rice, Russell, Sharpe, Stoddard, Wells, Winstead, Corning, P. Bradley, Wilkins, L. Martin, T.M. Burriss, J.H. Burriss, Wilder, Day, McLellan, Haskins, Harvin and Waldrop: A BILL TO DESIGNATE SECTIONS 16-15-10 THROUGH 16-15-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, ARTICLE 1 OF CHAPTER 15 OF TITLE 16 OF THE 1976 CODE TO BE ENTITLED "MISCELLANEOUS OFFENSES", TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 IN CHAPTER 15 OF TITLE 16 SO AS TO PROVIDE FOR CRIMES RELATING TO OBSCENITY, MATERIAL HARMFUL TO MINORS, CHILD EXPLOITATION, AND CHILD PROSTITUTION AND TO PROVIDE PENALTIES, INCLUDING FORFEITURE, FOR VIOLATIONS, TO AMEND THE 1976 CODE BY ADDING SECTION 16-3-850 SO AS TO REQUIRE FILM PROCESSORS AND PHOTO FINISHERS WHO ARE REQUESTED TO DEVELOP FILM OF CHILDREN ENGAGING IN SEXUALLY EXPLICIT CONDUCT TO REPORT THE NAME AND ADDRESS OF THE INDIVIDUAL REQUESTING THE DEVELOPMENT TO THE LAW ENFORCEMENT OFFICIALS IN THE LOCALITY FROM WHICH THE FILM WAS ORIGINALLY FORWARDED; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THOSE CRIMES DESIGNATED FELONIES BY THE ARTICLE ADDED BY THIS ACT, AND TO REPEAL SECTIONS 16-15-260 THROUGH 16-15-440, RELATING TO OBSCENITY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 98 -- Senator Peeler: A BILL TO AMEND SECTION 16-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILLEGAL USE OF STINK BOMBS, TEAR-GAS BOMBS, OR OTHER OFFENSIVE ODOR PRODUCING DEVICES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS FROM IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH, TO IMPRISONMENT FOR NOT MORE THAN TEN YEARS OR A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS, OR BOTH.
Ordered for consideration tomorrow.
On motion of Rep. J. HARRIS, with unanimous consent the following was taken up for immediate consideration:
H. 2744 -- Reps. J. Harris, Shelton, T. Rogers, Keyserling and J.D. Burriss: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ARTS COMMISSION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AND THE FIRST FLOOR LOBBY AREA OF THE STATE HOUSE ON WEDNESDAY, MAY 13, 1987, FOR THE PRESENTATION OF THE ANNUAL VERNER AWARDS WHICH WAS PREVIOUSLY SCHEDULED FOR THURSDAY, MAY 14, 1987.
Be it resolved by the House of Representatives:
That the South Carolina Arts Commission is authorized to use the chamber of the House of Representatives and the first floor lobby area of the State House on Wednesday, May 13, 1987, from 5:30 p.m. to 8:30 p.m. for the presentation of the Commission's annual Verner Awards which was previously scheduled for Thursday, May 14, 1987 at the same time.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for the awards ceremony in accordance with previous procedures.
Be it further resolved that the South Carolina Arts Commission agrees in writing to reimburse General Services for any expenses incurred that are beyond the normal operational expenses of maintaining the House chamber or first floor lobby area on that date and time.
Be it further resolved that authorization for use of the House chamber is subject to cancellation should the House be in regular session on Wednesday, May 13, 1987, beyond the hour of 5:30 p.m.
The Resolution was adopted.
The following was introduced:
H. 2745 -- Reps. McTeer and Winstead: A CONCURRENT RESOLUTION CONGRATULATING COACH PHIL STROTHER AND THE WADE HAMPTON RED DEVILS BOYS BASKETBALL TEAM OF WADE HAMPTON HIGH SCHOOL IN HAMPTON COUNTY FOR WINNING THE SOUTH CAROLINA AA BOYS BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2746 -- Rep. Thrailkill: A CONCURRENT RESOLUTION CONGRATULATING OLIVIA FLOYD, GUIDANCE COUNSELOR AT SOCASTEE MIDDLE SCHOOL IN HORRY COUNTY, ON BEING NAMED SOUTH CAROLINA MIDDLE SCHOOL COUNSELOR OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION FOR COUNSELING AND DEVELOPMENT DURING THE GROUP'S ANNUAL CONVENTION IN MYRTLE BEACH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2747 -- Rep. Thrailkill: A CONCURRENT RESOLUTION CONGRATULATING PAUL BACHTEL OF SOCASTEE HIGH SCHOOL IN HORRY COUNTY UPON BEING SELECTED THE ONE OUTSTANDING STUDENT FROM THE STATE BY THE NATIONAL INSTITUTES OF HEALTH IN CONNECTION WITH ITS CENTENNIAL CELEBRATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2748 -- Rep. Thrailkill: A CONCURRENT RESOLUTION SALUTING MRS. JUDY CHESTNUT OF HORRY COUNTY FOR SAVING THE LIFE OF A YOUNG STUDENT AT HER SCHOOL AND COMMENDING HER FOR HER HEROISM AND CALMNESS UNDER PRESSURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. L. PHILLIPS, with unanimous consent, the following was taken up for immediate consideration:
S. 429 -- Senator Thomas: A CONCURRENT RESOLUTION TO DESIGNATE FEBRUARY AS AMERICAN HISTORY MONTH.
Whereas, it is appropriate that state and local government officials and educators emphasize and direct the attention of our citizens to the importance of being informed about and knowledgeable of the history of our great nation; and
Whereas, the National Society of the Daughters of the American Revolution has designated February as American History Month since 1956, and has done much to encourage its observance in the schools, churches, and communities of the nation; and
Whereas, it is necessary that all of our citizens, especially our children, develop an understanding of what it means to be an American and to be free; and
Whereas, our younger generation must be made aware and our older citizens reminded that behind the cold print of history books there is a moving story about our Nation and its patriots who fought well for our freedom and who wanted to make certain that they had not fought in vain; and
Whereas, it is essential that the citizens of our State understand that the history of America is about freedom and that freedom is about America; and
Whereas, it is fitting that a month be set aside to bring into vivid reminder the glory and the pageantry of our American heritage. Now, therefore,
Be it resolved by the the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, designate February as American History Month in South Carolina and encourage South Carolinians to sponsor and attend appropriate observances of American History Month.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 579 -- Senators Garrison and Bryan: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF HORACE LEVER MARTIN, SR., OF GRAY COURT IN LAURENS COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 589 -- Senators Powell, Long, Lourie, Moore, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Patterson, Peeler, Pope, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO OVERRIDE THE VETO PRESIDENT REAGAN HAS PROMISED TO GIVE TO THE EIGHTY-EIGHT BILLION DOLLAR, FIVE-YEAR UNITED STATES HIGHWAY BILL CONTAINING THREE SOUTH CAROLINA PROJECTS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 2749 -- Reps. Dangerfield, Foxworth, Aydlette and D. Martin: A BILL TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL JURISDICTION OF COASTAL MUNICIPALITIES OVER PIERS AND OTHER STRUCTURES AND WATERS OF THE OCEAN WITHIN ONE MILE OF THE STRAND WITHIN THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A COASTAL MUNICIPALITY HAS CRIMINAL JURISDICTION OVER THE WATERS OFF THE COAST INSTEAD OF WATERS OF THE OCEAN.
Referred to Committee on Judiciary.
H. 2750 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 14-23-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOOKS, EQUIPMENT, AND PERSONNEL OF EACH COUNTY PROBATE COURT, SO AS TO PROVIDE THAT IF THE PROBATE COURT MAINTAINS THE ORIGINAL OF A DOCUMENT IN THE MASTER FILE OF A MATTER AND A COPY OF THAT DOCUMENT ON MICROFILM OR ON ANOTHER SIMILAR SYSTEM, THEN IT IS NOT NECESSARY FOR THE PROBATE COURT TO MAINTAIN A SECOND SEPARATE BOOK WITH COPIES OF THOSE TYPES OF DOCUMENTS PROVIDED A GENERAL INDEX OR AN INDEX FOR THOSE TYPES OF DOCUMENTS ARE MAINTAINED.
Referred to Committee on Judiciary.
H. 2751 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Without reference.
H. 2752 -- Judiciary Committee: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION, SO AS TO INCREASE THE LIMIT FROM ONE THOUSAND DOLLARS TO TWO THOUSAND FIVE HUNDRED DOLLARS.
Without reference.
H. 2753 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 822, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 2754 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO RULES OF PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 744, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 2755 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS, RELATING TO THE RELEASE OF INMATES PURSUANT TO THE PRISON OVERCROWDING POWERS ACT AND PUBLIC SERVICE WORK, DESIGNATED AS REGULATION DOCUMENT NUMBER 798, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 2756 -- Reps. Wilder and Clyborne: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF OFFENSES AND PENALTIES FOR PERSONS DRAWING AND UTTERING A FRAUDULENT CHECK OR OTHER INSTRUMENT, SO AS TO INCREASE THE JURISDICTION OF MAGISTRATES TO HEAR VIOLATIONS OF CHAPTER 11 OF TITLE 34 FROM TWO HUNDRED TO FIVE HUNDRED DOLLARS AND TO MAKE CORRESPONDING ADJUSTMENTS IN THE JURISDICTION OF THE COURT OF GENERAL SESSIONS TO TRY THESE VIOLATIONS.
Referred to Committee on Judiciary.
H. 2757 -- Rep. Foxworth: A BILL TO AMEND SECTIONS 50-11-4310, 50-11-4330, 50-11-4360, 50-11-4380, 50-11-4390, 50-11-4420, 50-11-4440, 50-11-4460, AND 50-11-4470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAPPING OF FURBEARING ANIMALS, SO AS TO DEFINE "FUR BUYER", "COMMERCIAL PURPOSES", "TRAP", "FOOT-HOLD TRAP", "LIVE TRAP" AND "PROCESSOR", TO REDEFINE "TAKE", "TRAPPER", TO DELETE DEFINITIONS OF "FUR DEALER", "TAKING", AND "TAKING FOR COMMERCIAL PURPOSES", TO REQUIRE A COMMERCIAL FUR LICENSE FOR ALL PERSONS WHO SELL FURBEARING ANIMALS FOR COMMERCIAL PURPOSES, EXCEPT PROCESSORS, MANUFACTURERS, OR RETAILERS, TO CHANGE THE PROCEDURE FOR THE ANNUAL REPORT OF LICENSEES, TO EXEMPT RETAILERS OR MANUFACTURERS OF FINISHED FURS, TANNERS, AND PERSONS ACQUIRING FURBEARING ANIMAL CARCASSES WITHOUT HIDES FROM BUYERS LICENSE REQUIREMENTS, TO REQUIRE COMMERCIAL FUR LICENSEES TO AFFIX TAGS AND PROVIDE A PROCEDURE FOR TAGGING, TO ADD WHOLE ANIMALS TO THE LIST OF PROPERTY WHICH MAY BE CONFISCATED, TO REQUIRE A PERMIT FOR OUT OF STATE SHIPMENT, AND TO SPECIFICALLY IDENTIFY CODE SECTIONS TO WHICH PENALTIES APPLY; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-11-4325, 50-11-4385, 50-11-4425, AND 50-11-4475 SO AS TO PROHIBIT TAKING TRAPPED WILDLIFE FROM TRAPS BY ANY PERSON OTHER THAN THE OWNER OF THE TRAP OR HIS DESIGNEE, TO PROVIDE FOR A PROCESSOR'S LICENSE AND REQUIRE REPORTS BY THE LICENSEE, TO PROVIDE PENALTIES FOR VIOLATIONS NOT SPECIFIED IN SECTION 50-11-4470, AND TO REPEAL ARTICLE 11 OF CHAPTER 11 OF TITLE 50 RELATING TO BOUNTIES ON FOXES.
Referred to Committee on Agriculture and Natural Resources.
H. 2758 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME WARDENS, SO AS ELIMINATE THE REFERENCE TO TWO-YEAR TERMS, RECORDING OF CERTIFICATES, AND TAXES AND FEES AND TO AMEND THE 1976 CODE BY CHANGING ALL REFERENCES TO GAME WARDEN TO CONSERVATION OFFICER.
Referred to Committee on Agriculture and Natural Resources.
H. 2759 -- Rep. Foxworth: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-420 SO AS TO LIMIT THE LIABILITY OF LAW ENFORCEMENT OFFICERS FOR EVENTS OCCURRING DURING THE ENFORCEMENT OR INVESTIGATION OF THE WILDLIFE CONSERVATION AND BOATING LAWS.
Referred to Committee on Judiciary.
S. 89 -- Senator Lourie: A BILL TO AMEND SECTIONS 56-1-460 AND 56-9-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE THE OPERATOR'S LICENSE TO DRIVE IS CANCELLED, SUSPENDED, OR REVOKED, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary.
S. 239 -- Senator Long: A Bill TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO PERMIT THE CONVENTION TO BE HELD IN ANY LOCATION THE STATE COMMITTEE DETERMINES TO HAVE ADEQUATE FACILITIES.
Without reference.
S. 240 -- Senator Lee: A BILL TO AMEND SECTION 16-17-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF BLACKMAIL, SO AS TO PROVIDE THAT THREATS TO A MEMBER OF A PERSON'S IMMEDIATE FAMILY AS WELL AS TO HIMSELF WILL SUBJECT THE PERSON MAKING THE THREAT TO THE CHARGE OF BLACKMAIL.
Referred to Committee on Judiciary.
S. 274 -- Senators Setzler, Garrison, Horace C. Smith and Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 8-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO PROVIDE THAT EMPLOYEES MAY USE NOT MORE THAN FIVE DAYS OF SICK LEAVE ANNUALLY TO CARE FOR ILL MEMBERS OF THEIR IMMEDIATE FAMILIES AND TO DEFINE "IMMEDIATE FAMILY".
Referred to Committee on Ways and Means.
S. 336 -- Senator Williams: A BILL TO REPEAL CHAPTER 2 OF TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKE-OVER BID DISCLOSURE ACT.
Referred to Committee on Judiciary.
S. 398 -- Senator Hayes: A BILL TO AMEND SECTION 16-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION, SO AS TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO AMEND SECTION 56-7-10, RELATING TO THE UNIFORM TRAFFIC TICKET AND THE OFFENSES CHARGED THROUGH USE OF THIS TICKET, SO AS TO ADD A VIOLATION OF SECTION 16-11-760 TO THE LIST OF THESE OFFENSES.
Referred to Committee on Judiciary.
S. 511 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO RULES OF PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 744, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 544 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-1024 SO AS TO PROHIBIT THE USE OF A HAND SEINE FOR TAKING SHRIMP WITH A BAG, POCKET, OR SIMILAR ATTACHMENT.
Referred to Committee on Agriculture and Natural Resources.
S. 552 -- Education Committee: A BILL TO AMEND SECTION 59-24-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUIDELINES FOR THE SCHOOL PRINCIPAL INCENTIVE PROGRAM, SO AS TO PROVIDE THAT THE PROGRAM CONTAIN THE MODELS WHICH PROVE SUCCESSFUL DURING THE PILOT TESTING.
Referred to Committee on Education and Public Works.
S. 554 -- Judiciary Committee: a BILL TO AMEND SECTION 7-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES TO BE FOLLOWED WHEN THE QUALIFICATIONS OF AN ELECTOR ARE CHALLENGED, SO AS TO CLARIFY THE PROCEDURE FOR COUNTING BALLOTS UNSUCCESSFULLY CHALLENGED.
Referred to Committee on Judiciary.
S. 555 -- Judiciary Committee: A BILL TO AMEND ARTICLE 3 OF CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-355 SO AS TO PROVIDE THAT NO QUESTION MAY BE SUBMITTED TO THE QUALIFIED ELECTORS IN A REFERENDUM HELD AT THE TIME OF A GENERAL ELECTION UNLESS THE QUESTION IS SUBMITTED TO THE APPROPRIATE ELECTION COMMISSION NO LATER THAN 12:00 NOON ON SEPTEMBER FIRST.
Referred to Committee on Judiciary.
S. 556 -- Judiciary Committee: A BILL TO AMEND SECTIONS 15-3-340 AND 15-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS FOR RECOVERY OF REAL PROPERTY, SO AS TO LIMIT THE NUMBER OF ACTIONS THAT MAY BE BROUGHT.
Referred to Committee on Judiciary.
S. 568 -- Senators Shealy, Wilson, Leventis, Setzler, Thomas, Dennis, Waddell, Thomas E. Smith, Jr., Moore, Powell, Macaulay and Long: A BILL TO REQUIRE THE SHERIFF OF A COUNTY TO FURNISH PRISONERS UNDER CERTAIN CONDITIONS FOR THE PURPOSE OF REMOVING LITTER FROM THE HIGHWAYS AND STREETS WITHIN THE COUNTY; TO PROVIDE THAT PRISONERS WHO VOLUNTEER FOR THIS SERVICE SHALL RECEIVE CERTAIN CREDIT FOR TIME SERVED; TO PROVIDE THAT ANY PRISONER LEAVING HIS ASSIGNED AREA, EXCEPT FOR GOOD CAUSE, MUST BE TREATED AS IF HE HAD ESCAPED; AND TO PROVIDE FOR THE ASSIGNMENT BY LOT OF AREAS FOR LITTER REMOVAL.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 569 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF 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.
On motion of Rep. PEARCE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
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, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Koon Lewis Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Snow Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on March 31, 1987.
Irene Rudnick James Lockemy L. Edward Bennett Juanita White Paul Short Larry Gentry William Jones Harriet Keyserling Thomas E. Huff Thomas N. Rhoad M.J. Cooper T.W. Edwards Robert Kohn Gene Stoddard John Bradley III Lenoir Sturkie Woody McKay John Felder
Announcement was made that John B. DuBose of Camden, is the Doctor of the Day for the General Assembly.
On motion of Rep. McLELLAN, with unanimous consent, the House stood in silent prayer in memory of former colleague Harold B. King, Jr.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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. 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 following Bills were taken up, read the second time, and ordered to a third reading:
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.
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.
Rep. T. ROGERS moved to adjourn debate upon the following Bill, which was adopted.
H. 2196 -- Reps. J. Bradley, Holt and D. Martin: A BILL TO AMEND SECTION 6-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF HISTORICAL OR RECREATIONAL DISTRICTS FROM THE PROVISIONS OF ARTICLE 3 OF CHAPTER 11 OF TITLE 6 CONCERNING THE ALTERATION OF BOUNDARIES AND THE ISSUANCE OF GENERAL OBLIGATION BONDS OF SPECIAL PURPOSE DISTRICTS, SO AS TO DELETE RECREATIONAL DISTRICTS FROM THE EXEMPTION.
Rep. McTEER moved to adjourn debate upon the following Bill until Tuesday, April 7, which was adopted.
H. 2526 -- Reps. Rhoad and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-1-100 SO AS TO REQUIRE THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO CONTINUE TO OPERATE AND MAINTAIN THE WELCOME CENTER ON U. S. HIGHWAY 301 SOUTH OF ALLENDALE.
The following Bill was taken up.
H. 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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6056k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1.Section 38-43-640 of the 1976 Code is amended to read:
"Section 38-43-640. The Commissioner shall review filings as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this chapter. Subject to the exceptions specified in Sections 38-43-650 and 38-43-660, each filing shall must be on file for a waiting period of sixty days before it becomes effective, and such the period may be extended by the Commissioner for an additional period not to exceed sixty days six months if he gives written notice within such the waiting period to the insurer or rating organization which made the filing that he needs such that additional time for the consideration of such the filing. Upon written application by such the insurer or rating organization, the Commissioner may authorize a filing which he has reviewed to become effective before the expiration of the waiting period or any extension thereof. A filing shall be is deemed to meet the requirements of this chapter unless disapproved by the Commissioner with the waiting period or any extension thereof."
SECTION 2.This act takes effect upon approval by the Governor.
Rep. OGBURN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. OGBURN moved to adjourn debate upon the following Bill, which was adopted.
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.
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 table the motion to reconsider, which was agreed to.
The following Bill was taken up.
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.
Rep. OGBURN explained the Bill.
Rep. HOLT moved to adjourn debate upon the Bill which was adopted.
The following Bill was taken up.
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.
Rep. SHARPE explained the Bill.
Rep. KLAPMAN moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2269Y), which was adopted.
Amend the bill, as and if amended, by striking the last sentence of Section 16-11-180 as contained in SECTION 1.
When amended the section shall read:
/ "Section 16-11-180. Any person who carelessly or negligently sets fire to or burns any grass, brush, leaves, or other combustible matter on any lands so as to cause or allow fire to spread or to be transmitted to the lands or property of another, or to burn or injure the lands or property of another, or who causes such the burning to be done or who aids or assists in such the burning, shall be is guilty of a misdemeanor and upon conviction shall must be imprisoned for a period of not less than twenty five days nor more than thirty days or be fined not less than twenty-five dollars nor more than one two hundred dollars, or both, in the discretion of the court. For a second or subsequent offense the sentence shall must be imprisonment for not less than thirty days nor more than one year, or a fine of not less than one hundred dollars nor more than five hundred dollars, or both, in the discretion of the court."/
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1954Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 2-3-10 of the 1976 Code is amended to read:
"Section 2-3-10. All members elected to the General Assembly shall take the oath prescribed in Article III, section Section 26, of the Constitution of the State, before entering upon the duties of their office. The oath of office to members of the General Assembly elected in a general election may be administered to them at 11:00 a.m. on the Monday following the election or as soon thereafter as practicable at the county courthouse by an officer duly authorized to administer the oath. This provision relating to the administration of the oath of office only applies to members whose election has been certified by the appropriate election officials."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RUDNICK explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Hill was taken up.
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.
Reps. TAYLOR and BLANDING objected to the Bill.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3369Y).
Amend the bill, as and if amended, in SECTION 1, page 1, line 3, by striking /Section 1-20-60/ and inserting /Section 1-20-50/.
Amend the bill further in subsection (A) of Section 1-20-60 of the 1976 Code, as contained in SECTION 1, page 1, lines 1, 3, 4, 5, 6, and 7, by striking:
/(A) JUNE 30, 1986, is the termination date for:
(2) (1) Board of Barber Examiners
(3) (2) Board of Cosmetic Art Examiners
(4) (3) Board of Accountancy
(5) (4) Board of Examiners for Nursing Home Administrators/ and inserting:
/ (A) JUNE 30, 1986, is the termination date for:
(2) Board of Barber Examiners
(3) Board of Cosmetic Art Examiners
(4) Board of Accountancy
(5) Board of Examiners for Nursing Home Administrators /
When amended Section 1-20-50(A) shall read:
/ (A) JUNE 30, 1986, is the termination date for:
(1) Insurance Commission
(2) Board of Barber Examiners
(3) Board of Cosmetic Art Examiners
(4) Board of Accountancy
(5) Board of Examiners for Nursing Home Administrators /
Amend further in Section 1-20-50(I), page 3 by adding after line 6:
/ (6) Board of Barber Examiners
(7) Board of Cosmetic Art Examiners
(8) Board of Accountancy
(9) Board of Examiners for Nursing Home Administrators/ so that when amended Section 1-20-50(I) shall read:
/(I) JUNE 30, 1996, is the termination date for:
(1) Wil Lou Gray Opportunity School
(2) Vocational Rehabilitation
(3) School for the Deaf and the Blind
(4) Commission for Alcohol and Drug Abuse
(5) Department of Labor
(6) Board of Barber Examiners
(7) Board of Cosmetic Art Examiners
(8) Board of Accountancy
(9) Board of Examiners for Nursing Home Administrators/
Amend further by relettering items (B) through (K) as items (A) through (J) respectively.
Amend title to conform.
Rep. GREGORY explained the amendment.
Reps. KOHN, CORK, SIMPSON and MAPPUS objected to the Bill.
The following Bill was taken up.
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 CHANCES 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 DEGREES 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.
Rep. HAWKINS moved to commit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. WILKINS moved to table the motion, which was not agreed to.
The question then recurred to the motion to commit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. GREGORY moved to adjourn debate upon the motion to commit the Bill.
Rep. KLAPMAN raised the Point of Order that the motion to adjourn debate was out of order as the motion to commit was a higher motion.
The SPEAKER stated that the motion to adjourn debate was a higher motion, and he overruled the Point of Order.
Rep. KLAPMAN moved to table the motion to adjourn debate, which was agreed to.
The question then recurred to the motion to commit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cork Davenport Day Derrick Elliott Evatt Faber Foster Foxworth Gilbert Gordon Harvin Hawkins Hearn Hendricks Holt Klapman Kohn Koon Lockemy Mappus Martin, L. McGinnis McLeod, E.B. Moss Neilson Petty Phillips, O. Rogers, J. Sharpe Simpson Taylor Thrailkill Waldrop Wells Whipper Wilder Williams Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Brown, H. Corning Fair Gentry Gregory Harris, J. Haskins Hayes Helmly Hodges Johnson, J.C. Johnson, J.W. Kay Kirsh Lewis Limehouse McCain McEachin McElveen McLellan McLeod, J.W. McTeer Nesbitt Nettles Phillips, L. Rice Rogers, T. Rudnick Russell Sheheen Shelton Short Stoddard Toal Townsend Tucker Washington White Wilkins
So, the motion to commit was agreed to.
Rep. THRAILKILL moved to adjourn debate upon the following Bill, which was adopted.
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.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2262Y), which was adopted.
Amend the bill, as and if amended, in Section 1-23-110(b)(2) as contained in SECTION 1, page 1, by striking /State, its/ on line 11 and inserting /State and its/, and on line 12 by striking /, and the private sector/ so that when amended Section 1-23-110(b)(2) shall read:
"(2) Give at least thirty days' notice of intended action by publication of a notice in the State Register. The notice shall include either the text or a synopsis of the proposed regulation, the statutory authority for its promulgation, and the time when, the place where, and the manner in which interested persons may present their views on it and a preliminary fiscal impact statement prepared by the State Budget and Control Board reflecting estimates of costs incurred by the State and its political subdivisions in complying with the Proposed regulation. The notice must be mailed to all persons who have made timely requests of the agency for advance notice of proposed promulgation of regulations."
Amend title to conform.
Rep. CLYBORNE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to adjourn debate upon the following Bill, which was adopted.
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.
The following Bill was taken up.
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.
Rep. FOXWORTH proposed the following Amendment No. 1 (Doc. No. 3493Y).
Amend the bill, as and if amended, in subsection (A) of Code Section 50-17-1620, as contained in SECTION 1 of the bill, at p. 1, by striking line 39 and inserting in lieu thereof:
/ congregate in the area where the bait is placed. Furthermore, it is unlawful to take or to attempt to take shrimp by the use of a shrimp trap or shrimp pot./
Amend further, in subsection (B) of Code Section 50-17-1621, as contained in SECTION 2 of the bill, at p. 5, on line 24, by striking /forty-eight/ and inserting /fifty-eight/.
Amend title to conform.
Rep. FOXWORTH explained the amendment.
Rep. WHITE moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
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.
Rep. FOXWORTH explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. FOXWORTH having the floor.
On motion of Rep. HENDRICKS, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
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. WILKINS moved to adjourn debate upon the Senate amendments to the following Bill until Tuesday, April 7, 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. 2096 -- Rep. Foxworth: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-137 SO AS TO PROHIBIT THE WILFUL IMPEDING OR OBSTRUCTION OF LAWFUL HUNTING, TRAPPING, FISHING, OR HARVESTING OF MARINE SPECIES, AND TO PROVIDE PENALTIES.
Rep. FOXWORTH 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 motion period was dispensed with on motion of Rep. WALDROP.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
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.
Reps. L. MARTIN, HEARN, DANGERFIELD and T.M. BURRISS proposed the following Amendment No. 2 (Doc. No. 6097k).
Amend the bill, as and if amended, in Section 42-17-20 of the 1976 Code as contained in SECTION 2 by adding at the end of Section 42-17-20 the following:
Provided, however, the Commission may schedule a hearing to be held pursuant to this section or Section 42-9-260 at a regional location not to exceed fifty (50) miles from the city or county in which the injury occurred."
Amend title to conform.
Rep. L. MARTIN was recognized.
Rep. GREGORY moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 2, Rep. L. MARTIN having been recognized.
The Senate returned to the House with concurrence the following:
H. 2476 -- Rep. Baker: A CONCURRENT RESOLUTION TO DESIGNATE FEBRUARY AS AMERICAN HISTORY MONTH.
H. 2694 -- Reps. Stoddard, Foxworth, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 22, 1987, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES FOR SOUTH CAROLINA STATE COLLEGE, THE STATE COLLEGE BOARD OF TRUSTEES, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL BOARD OF TRUSTEES, AND MEMBERS OF THE BOARD OF VISITORS FOR THE CITADEL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1987, AND TO ELECT A MEMBER TO FILL THE UNEXPIRED PORTION OF THE TERM OF THE TRUSTEE VACANCY AT SOUTH CAROLINA STATE COLLEGE.
At 1:00 P.M. the House in accordance with the motion of Rep. GREGORY adjourned to meet at 10:00 A.M. tomorrow.
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