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:
Almighty and eternal God, as we turn again to waiting tasks, may the confidence of those who believe in us, the spur of conscience to do our best, and the commanding call to do Your will lead us on. Make for us our highest goal the supreme satisfaction of a good and clear conscience. Cause our service to the people of this great State to be motivated by Your gracious and all-wise will, stripped of all base motives of self-interest. Make our pledge to be an unwavering firmness to fulfill Your high and holy purposes. To this end, may Your will always be done in us and by us, to the glory of Your holy Name and in undefiled service to our fellowbeings.
To our Lord of mercy and compassion we most humbly pray. 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 Pro Tempore.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
April 4, 1987
Representative Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina Chapter of The American Institute of Architects cordially invites the members of the House of Representatives to a Shrimp Boil and cocktail party April 22nd from 6 until 9 o'clock at Cock's Corner parking facility (beside the USC stadium). Attire is casual.
The members of the South Carolina Chapter look forward to honoring our South Carolina Legislators.
Very truly yours,
Gayland B. Witherspoon, AIA
President
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of American Institute of Architects for a Shrimp Boil, April 22, 1987, 6:00 p.m. - 9:00 p.m. at Cock's Corner parking facility.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Prayer Fellowship for a Statewide Prayer Breakfast, April 29, 1987, 7:45 a.m. - 9:15 a.m. at the Radisson.
The invitation was accepted.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2139 -- Reps. P. Harris and L. Phillips: A BILL TO AMEND SECTION 44-7-1430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HOSPITAL REVENUE BOND ACT, SO AS TO DEFINE "AUTHORIZING ISSUER", "INTERGOVERNMENTAL LOAN AGREEMENT", "PROJECT COUNTY", AND "SUBSIDIARY LOAN AGREEMENT"; AND TO AMEND SECTION 44-7-1640, RELATING TO THE POWERS GRANTED BY THE HOSPITAL REVENUE BOND ACT AND THE ADOPTION OF BOND RESOLUTIONS, AND ARTICLE 11, CHAPTER 7, TITLE 44, RELATING TO THE HOSPITAL REVENUE BOND ACT, BY ADDING SECTIONS 44-7-1650 THROUGH 44-7-1720 SO AS TO AUTHORIZE AND PROVIDE FOR THE ISSUANCE OF BONDS AND THE LENDING OF THE PROCEEDS TO HOSPITAL OR PUBLIC AGENCIES TO CONSTRUCT OR ACQUIRE HOSPITAL FACILITIES.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2216 -- Reps. Edwards, M.D. Burriss, Cork, Taylor and Keyserling: A BILL TO CREATE AND HOUSE ADMINISTRATIVELY WITHIN THE BUDGET AND CONTROL BOARD THE SOUTH CAROLINA ENERGY RESOURCE AND MANAGEMENT DEVELOPMENT AUTHORITY, TO CONSTITUTE THE AUTHORITY AS AN INSTRUMENTALITY OF THE STATE FOR THE PERFORMANCE OF ESSENTIAL GOVERNMENTAL FUNCTIONS INVOLVING ENERGY CONSERVATION AND ALTERNATIVE FINANCING OF CONSERVATION MEASURES AS DEFINED IN THIS ACT, TO PROVIDE FOR THE MEMBERSHIP OF THE AUTHORITY, TO REQUIRE THE BUDGET AND CONTROL BOARD TO PROVIDE TECHNICAL AND CLERICAL SERVICES AND PERSONNEL AS THE AUTHORITY MAY REQUIRE IN THE PERFORMANCE OF ITS FUNCTIONS AND TO PROVIDE CERTAIN LIAISON SERVICES WITH OTHER AGENCIES OF STATE GOVERNMENT, TO REQUIRE THE AUTHORITY TO REIMBURSE THE BUDGET AND CONTROL BOARD FOR SERVICES PROVIDED, TO PROVIDE FOR THE POWERS OF THE AUTHORITY AND OF ANY JOINT VENTURE CREATED PURSUANT TO THIS ACT, TO PROVIDE FOR RELATED MATTERS CONCERNING THE ESTABLISHMENT AND FUNCTIONING OF THE AUTHORITY, TO ESTABLISH A SPECIAL, RESTRICTED ACCOUNT TO BE KNOWN AS THE UTILITY AND ENERGY CONSERVATION RESERVE ACCOUNT, AND TO PROVIDE FOR MATTERS RELATED TO THE OPERATION AND USE OF THAT ACCOUNT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2333 -- Rep. Helmly: A JOINT RESOLUTION TO AMEND SECTION 40, PART I OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, BY DELETING PROVISOS RELATING TO RESTRICTIONS ON THE USE OF FUNDS FROM THE SETTLEMENT OF THE NURSING HOME LAWSUIT AND AUTHORITY TO CARRY OVER UNSPENT MEDICAID FUNDS TO DEVELOP A HEALTH MAINTENANCE ORGANIZATION PILOT PROJECT AND TO PROVIDE THAT STATE FUNDS MADE AVAILABLE AS A RESULT OF THE DELETIONS MUST BE USED TO REDUCE THE CURRENT MEDICAID DEFICIT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2335 -- Rep. McAbee: A BILL TO AMEND ACT 425 OF 1986, RELATING TO THE METHOD OF APPLYING DELINQUENT TAXES WHEN RECEIVED BY THE TREASURER OR DELINQUENT TAX COLLECTOR, SO AS TO PROVIDE THAT DELINQUENT TAXES MUST BE APPLIED TO THE OLDEST CHRONOLOGICAL DELINQUENCY ON THE PROPERTY ON WHICH THE DELINQUENT PAYMENT IS MADE RATHER THAN THE OLDEST OUTSTANDING DELINQUENCY.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2551 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-150 SO AS TO PROVIDE FOR THE IMPLEMENTATION OF EARLY RETIREMENT PLANS BY PUBLIC INSTITUTIONS OF HIGHER EDUCATION.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2620 -- Rep. Altman: A BILL TO AMEND SECTION 12-39-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DATES AUDITORS' OFFICES ARE TO REMAIN OPEN FOR RECEIPT OF RETURNS SO AS TO CHANCE THE DATES FROM JANUARY FIRST TO MARCH FIRST TO FROM JANUARY FIRST TO APRIL FIFTEENTH.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 270 -- Senator Waddell: A JOINT RESOLUTION AUTHORIZING THE SOUTH CAROLINA TAX COMMISSION TO TRANSFER FUNDS FROM THE WARRANT REVOLVING FUND TO THE TAX STUDY COMMISSION AND THE STATE BUDGET AND CONTROL BOARD CIVIL CONTINGENT FUND.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 310 -- Senators Lee, Horace C. Smith and Peeler: A BILL TO AMEND CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING SECTION 9-11-325 SO AS TO PROVIDE THAT MEMBERS OF THIS SYSTEM ARE ENTITLED TO SPECIAL ANNUITIES OR TO ADDITIONAL CREDITABLE SERVICE ON ACCOUNT OF THEIR OUT-OF-STATE SERVICE IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM ARE SO ENTITLED REGARDLESS OF WHETHER OR NOT THIS OUT-OF-STATE SERVICE WAS AS A POLICE OFFICER OR IN ANOTHER CAPACITY NOT AS A POLICE OFFICER.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 319 -- Finance Committee: A Bill TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 IN TITLE 12, SO AS TO ENACT THE SOUTH CAROLINA ESTATE TAX ACT APPLICABLE TO DECEDENTS DYING AFTER JUNE 30, 1991; TO AMEND SECTIONS 12-15-61, 12-15-251, and 12-15-550, RELATING TO AMOUNTS SPECIFICALLY EXEMPT FROM THE SOUTH CAROLINA ESTATE TAX, SO AS TO INCREASE THE EXEMPTION IN PHASES UNTIL THE EFFECTIVE DATE OF THE SOUTH CAROLINA ESTATE TAX ACT; TO AMEND SECTION 12-49-70, RELATING TO THE PERIOD AFTER WHICH TAXES ARE PRESUMED TO BE PAID, SO AS TO EXEMPT THE RECAPTURE ESTATE TAX FROM THE PRESUMPTION; TO AMEND SECTION 12-54-70, RELATING TO ENFORCEMENT AND COLLECTION OF TAXES, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 2-801 OF THE SOUTH CAROLINA PROBATE CODE, RELATING TO DISCLAIMERS, SO AS TO CORRECT A CROSS-REFERENCE; TO REPEAL CHAPTER 15 OF TITLE 12, RELATING TO THE ESTATE TAX, FOR DECEDENTS DYING AFTER JUNE 30, 1991; TO REPEAL CHAPTER 17 OF TITLE 12, RELATING TO THE GIFT TAX, EFFECTIVE FOR GIFTS MADE AFTER DECEMBER 31, 1991; AND TO REPEAL SECTIONS 12-15-1540 AND 12-15-1550, RELATING TO THE ESTATE TAX, EFFECTIVE JULY 1, 1987.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 397 -- Senator Peeler: A BILL TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF CERTAIN GASOLINE TAX REVENUE SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THE AMOUNT OF A COUNTY'S APPORTIONMENT OF "C" CONSTRUCTION FUNDS WHICH MAY BE EXPENDED FOR ROCKING OR IMPROVING COUNTY ROADS AND FOR STREET AND TRAFFIC SIGNS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 512 -- Senators Bryan, Thomas E. Smith, Jr., Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT APPROPRIATIONS IN SECTION 4 OF PART I OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, FOR COMMITMENTS, ADMISSIONS, AND DISCHARGES TO MENTAL HEALTH FACILITIES BE EXPENDED UNDER THE PROVISIONS OF CHAPTER 52 OF TITLE 44 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2490 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTIONS 16-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF A MOB GUILTY AS PRINCIPALS; 16-11-820, RELATING TO UNLAWFUL USE OF CABLE TELEVISION SERVICE; 16-13-120 AND 16-13-130, RELATING TO SHOPLIFTING; 16-13-220, RELATING TO EMBEZZLEMENT OF PUBLIC FUNDS; 16-14-90, RELATING TO FRAUDULENT ACQUISITION OF TRANSPORTATION TICKETS OBTAINED AT A DISCOUNT; 16-15-300, RELATING TO DISTRIBUTION OF OBSCENE MATERIALS TO THE PUBLIC; 16-17-230, RELATING TO DESECRATION OR MUTILATION OF FEDERAL AND STATE FLAGS; AND 56-5-2950, RELATING TO IMPLIED CONSENT TO TAKE A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF A MOTOR VEHICLE OPERATOR'S BLOOD, SO AS TO CHANGE CERTAIN REFERENCES TO "PRESUMPTIONS", "REBUTTABLE PRESUMPTIONS", AND "CONCLUSIVE PRESUMPTIONS" TO A "PERMISSIVE INFERENCE" REFERENCE IN ORDER TO BRING THESE SECTIONS IN CONFORMITY WITH EXISTING CONSTITUTIONAL LAW, AND TO FURTHER REVISE THESE SECTIONS IN ORDER TO ACCOMPLISH THE ABOVE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2497 -- Reps. Harvin, Sharpe, Cooper, Kay, Thrailkill, Foxworth, Bennett, Elliott, Sturkie, Faber, Jones, Holt, Snow, Altman, G. Brown, McTeer, Townsend, E.B. McLeod, Whipper, P. Harris, McBride, Blanding, Keyserling, Barfield, Koon, J.H. Burriss, Washington and T. Rogers: a JOINT RESOLUTION PROPOSING AMENDMENTS TO SECTION 3 OF ARTICLE VI AND SECTION 1A OF ARTICLE XVII, CONSTITUTION OF SOUTH CAROLINA, 1985, RELATING TO DUAL OFFICE HOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO MEMBERS OF VOLUNTEER FIRE DEPARTMENTS WHO HOLD ANOTHER OFFICE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2503 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-67-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT AN ADMINISTRATOR'S BOND IS A SURETY BOND, TO PROVIDE THAT ALTERNATIVE FORMS OF SECURITY MAY BE FURNISHED, AND TO PROVIDE CONDITIONS UNDER WHICH BONDING REQUIREMENT MAY BE WAIVED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, Rep. SHORT, for the minority, submitted an unfavorable report, on:
H. 2625 -- Reps. Wilkins, McElveen, H. Brown, Haskins, Gentry, J.W. Johnson, Arthur, Hendricks, Gregory, Short, D. Martin, Huff, McEachin, Hayes, Baxley, Nettles, Clyborne and Toal: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, BY ADDING SECTION 56-1-365 SO AS TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, AND TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2667 -- Reps. Harvin, McBride, Sharpe, E.B. McLeod, Cork, Cooper, Pearce, L. Phillips, G. Bailey, M.O. Alexander, Baker, Nettles, Nesbitt, Rice, Whipper, Shelton, Fair, Wells, Petty, Holt, Felder, P. Harris, Washington, T.M. Burriss, Hendricks, McGinnis, Wilder, Bennett, Corning, Hearn, Simpson, Carnell, Keyserling, T. Rogers, Koon, Kay, K. Bailey, J. Brown, Faber, Williams, Haskins, Davenport, Hawkins, Altman, Foxworth, McLellan, J.C. Johnson, Jones, Day, McTeer, McElveen, Mappus and Evatt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-25-60 SO AS TO PROVIDE THAT ANY MEMBER OF A FIRE DEPARTMENT IS NOT CONSIDERED TO BE A DUAL OFFICEHOLDER, BY VIRTUE OF SERVING AS A MEMBER, FOR THE PURPOSES OF THE CONSTITUTION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2675 -- Rep. Toal: A BILL TO AMEND SECTION 16-3-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSUFFICIENT FUNDS IN THE CRIME VICTIM'S COMPENSATION FUND FOR THE PAYMENT OF CLAIMS OR AWARDS, SO AS TO AUTHORIZE THE DIRECTOR OF THE FUND TO REDUCE ON A PRO RATA BASIS CLAIMS OR AWARDS FROM THE FUND WHEN PROJECTED REVENUE IN ANY FISCAL YEAR IS INSUFFICIENT TO PAY PROJECTED CLAIMS OR AWARDS; AND TO AMEND SECTION 16-3-1560, RELATING TO LICENSED HEALTH CARE FACILITIES BEING REIMBURSED FOR THE COST OF MEDICAL EXAMINATIONS FOR VICTIMS OF CRIMINAL SEXUAL CONDUCT OR CHILD SEXUAL ABUSE, SO AS TO AUTHORIZE THE DIRECTOR OF THE FUND TO REDUCE THESE REIMBURSEMENTS ON A PRO RATA BASIS IF THE AMOUNT OF PROJECTED REIMBURSEMENT FUNDS EXCEEDS THE AMOUNT OF PROJECTED REIMBURSEMENT COSTS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2695 -- Reps. Wilkins, J.W. Johnson, Pearce, T.M. Burriss, P. Bradley, Gentry, Elliott, Dangerfield, Boan and Hodges: A BILL TO AMEND SECTION 61-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS ISSUED TO NONPROFIT ORGANIZATIONS ALLOWING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUOR AND BEVERAGES FOR A PERIOD NOT TO EXCEED TWENTY-FOUR HOURS, SO AS TO ALSO PERMIT THE SALE OF ALCOHOLIC LIQUOR AND BEVERAGES BY THE NONPROFIT ORGANIZATIONS DURING THIS TWENTY-FOUR HOUR PERIOD UPON OBTAINING A PERMIT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2696 -- Reps. Wilkins, J.W. Johnson, Gentry, Pearce, P. Bradley, Dangerfield, T.M. Burriss, Elliott, Boan and Hodges: A BILL TO AMEND CHAPTER 13 OF TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL LAWS BY ADDING SECTION 61-13-885 SO AS TO REQUIRE EVERY PERSON ENGAGED IN THE BUSINESS OF SELLING BEER, WINE, OR LIQUOR AT RETAIL TO POST CERTAIN SIGNS PERTAINING TO UNLAWFUL PURCHASE OR POSSESSION IN EVERY LOCATION FOR WHICH HE HAS OBTAINED A LICENSE OR PERMIT, AND TO PROVIDE PENALTIES FOR VIOLATION, AND TO REPEAL SECTIONS 61-9-75 AND 61-9-455, RELATING TO THE REQUIREMENT THAT CERTAIN SIMILAR SIGNS BE POSTED IN RETAIL BEER OR WINE ESTABLISHMENTS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2714 -- Rep. Wilkins: A BILL TO AMEND SECTION 17-3-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS AND THE APPROPRIATION FOR EXPENSES OF APPOINTED PRIVATE COUNSEL AND PUBLIC DEFENDERS, SO AS TO PROVIDE THAT THIS FUND MUST BE USED FOR REIMBURSEMENT FOR NECESSARY EXPENSES, NOT TO EXCEED TWO THOUSAND DOLLARS FOR EACH CASE, ACTUALLY INCURRED IN THE REPRESENTATION OF PERSONS PURSUANT TO CHAPTER 3 OF TITLE 17.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 180 -- Senator Hayes: A BILL TO AMEND SECTION 23-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES AND COMMISSIONS OF SHERIFFS, SO AS TO FURTHER PROVIDE FOR THESE FEES AND COMMISSIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 431 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 18-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAPERS FILED WITH THE CLERK OF COURT IN CRIMINAL APPEALS FROM MAGISTRATES, AND SECTION 22-3-790, RELATING TO TESTIMONY OF WITNESSES IN MAGISTRATES' COURTS, SO AS TO PROVIDE THAT TESTIMONY TAKEN DOWN BY A STENOGRAPHER OR RECORDED DOES NOT NEED TO BE SIGNED BY THE WITNESSES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 509 -- Judiciary Committee: A BILL TO AMEND THE TITLE TO ACT 533 OF 1986, RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT, SO AS TO MAKE CERTAIN TECHNICAL CORRECTIONS.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 2524 -- Reps. Haskins, J.W. McLeod, H. Brown, G. Brown, Sharpe, Sturkie, Clyborne, Jones, Holt, M.D. Burriss, J. Brown, Hawkins, Waldrop, Huff, Corning, T.M. Burriss, K. Bailey, Chamblee, McGinnis, Rice, Gilbert, Kirsh, R. Brown, Nesbitt, Gordon, Gregory, Limehouse, Cooper, Wilder, McCain, McEachin, Mappus, J.H. Burriss and Wells: A BILL TO AMEND SECTIONS 56-5-1510, 56-5-1520, AND 56-5-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT ON THOSE PORTIONS OF THE INTERSTATE HIGHWAY SYSTEM OR ON OTHER STREETS AND HIGHWAYS IN SOUTH CAROLINA WHERE FEDERAL LAW PERMITS THIS STATE TO RAISE THE SPEED LIMIT ABOVE FIFTY-FIVE MILES AN HOUR, THE SPEED LIMIT THEREON IS THAT HIGHER SPEED LIMIT.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 2639 -- Reps. Helmly, Day, H. Brown, Williams, Holt, Dangerfield, D. Martin, G. Bailey and Washington: A BILL TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE FOR ADDITIONAL POWERS; AND TO AMEND SECTION 58-31-80, RELATING TO THE PURPOSE AND OBLIGATIONS OF THE AUTHORITY, SO AS TO PROVIDE AN ADDITIONAL PURPOSE.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 388 -- Senators McGill, Thomas E. Smith, Jr., and Leatherman: A BILL TO PROVIDE THAT SCHOOL DISTRICT NO. 3 OF FLORENCE COUNTY INCLUDES THAT PORTION OF WILLIAMSBURG COUNTY KNOWN AS THE PERGAMOS AREA.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 2500 -- Reps. Ogburn, J. Harris, R. Brown, Blackwell, J.W. McLeod, Mattos, Russell, Boan, P. Bradley, M.O. Alexander, T.M. Burriss, Rice and Hearn: A BILL TO AMEND CHAPTER 31 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS GENERALLY BY ADDING SECTION 33-31-180 SO AS TO PROVIDE IMMUNITY FROM SUIT OF DIRECTORS, TRUSTEES, OR MEMBERS OF GOVERNING BODIES OF ELECTRIC COOPERATIVES AND NOT-FOR-PROFIT CORPORATIONS, ORGANIZATIONS, AND ASSOCIATIONS WHICH ARE EXEMPT FROM FEDERAL INCOME TAXATION EITHER UNDER THE PROVISIONS OF SECTION 501(c)(3) OR (c)(6) OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTION TO IMMUNITY.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 61 -- Senator Hayes: A BILL TO ENACT THE UNIFORM TRADE SECRETS ACT OF 1987.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 2765 -- Reps. Harvin, Washington, Beasley, Faber, J.W. McLeod, H. Brown, Nesbitt, Taylor, Williams, Petty, Wells and G. Brown: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT SUCH LEGISLATION AS WILL CAUSE THE FEDERAL COMMUNICATIONS COMMISSION TO LIMIT THE SCOPE OF VIOLENCE WHICH MAY BE DEPICTED ON TELEVISION INCLUDING A LIMITATION ON VIOLENCE IN BROADCAST TIMES WHEN CHILDREN AND YOUNG PEOPLE ARE A MAJOR PART OF THE VIEWING AUDIENCE.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 2768 -- Reps. Klapman, Holt, Winstead, Foxworth, G. Brown, McTeer, Derrick, Snow and J.H. Burriss: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES ADMINISTRATOR OF VETERANS AFFAIRS TO INCREASE THE LEVEL OF CARE PROVIDED VETERANS IN VA HOSPITALS IN SOUTH CAROLINA AND THROUGHOUT THE NATION AND TO CURTAIL THE CUTBACK IN MEDICAL SERVICES RENDERED TO VETERANS IN VA HOSPITALS.
Ordered for consideration tomorrow.
Rep. HAYES moved that when the House adjourns it adjourn to meet at 9:55 A.M. tomorrow, which was agreed to.
The following was introduced:
H. 2823 -- Rep. Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE DIRENE THOMAS, OF BARNWELL COUNTY, AN OUTSTANDING GUARD ON THE BLACKVILLE-HILDA HIGH SCHOOL "LADY HAWKS" BASKETBALL TEAM ON THE OCCASION OF HER RECEIVING THE CONVERSE ALL AMERICAN AWARD AND THE ASSOCIATED PRESS'S PLAYER OF THE YEAR AWARD IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2824 -- Rep. Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE THE BLACKVILLE-HILDA "LADY HAWKS" BASKETBALL TEAM, OF BARNWELL COUNTY, ON WINNING THEIR SECOND STRAIGHT CLASS A CHAMPIONSHIP AND COACH FARRELL ZISSETTE ON BEING SELECTED AS THE ASSOCIATED PRESS GIRLS' HIGH SCHOOL BASKETBALL COACH OF THE YEAR IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2825 -- Reps. McAbee, Waldrop, Gentry, Kay, Sharpe, Jones, Townsend, Tucker, P. Harris, J.C. Johnson, Carnell, Cooper, T. Rogers, Chamblee, Rudnick, T.C. Alexander, McLellan, L. Martin and Harvin: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON TUESDAY, MAY 26, 1987, AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY FOR THE PURPOSE OF UNVEILING A PORTRAIT OF THE HONORABLE WILLIAM JENNINGS BRYAN DORN.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. STODDARD, with unanimous consent, the following was taken up for immediate consideration:
H. 2826 -- Reps. Stoddard, Foxworth, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 6, 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.
Whereas, the General Assembly, in H. 2694, previously set the date for trustee elections for Wednesday, April 22, 1987; and
Whereas, it is now necessary to delay the previously scheduled election. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate meet in joint assembly in the hall of the House of Representatives at 12:00 noon on Wednesday, May 6, 1987, for the purpose of electing members of the Board of Trustees for South Carolina State College, the State College Board of Trustees, 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.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2827 -- Rep. McTeer: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. BESS DOWLING WARE OF VARNVILLE IN HAMPTON COUNTY ON HER SELECTION AS SOUTH CAROLINA MOTHER OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 617 -- Senator Macaulay: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF HAROLD BLECKLEY KING, SR., OF WESTMINSTER, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES FROM OCONEE COUNTY, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. EDWARDS asked unanimous consent to take up the following Concurrent Resolution for immediate consideration:
Rep. KLAPMAN objected.
H. 2841 -- Reps. Edwards, M.D. Burriss, Cork and Taylor: A CONCURRENT RESOLUTION EXPRESSING THE SUPPORT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR DEVELOPMENT OF THE RESOURCES OF THE ARCTIC NATIONAL WILDLIFE REFUGE (ANWR) COASTAL PLAIN TO PROVIDE FOR FUTURE UNITED STATES ENERGY NEEDS AND TO REDUCE THE DANGEROUS OVERDEPENDENCE ON OIL IMPORTS, AND URGING CONGRESS TO ACT EXPEDITIOUSLY TO ENACT ANWR DEVELOPMENT LEGISLATION AND TO REJECT PROPOSALS PROVIDING FOR PERMANENT BANS ON OIL AND NATURAL GAS LEASING ON THE COASTAL PLAIN.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 2843 -- Rep. G. Bailey: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR FRIEND AND COLLEAGUE, SENATOR JOHN W. MATTHEWS, JR., OF ORANGEBURG COUNTY ON BEING HONORED FOR HIS SERVICE IN THE CAUSE OF HELPING MENTALLY RETARDED SOUTH CAROLINIANS BY HAVING THE ADULT DEVELOPMENTAL CENTER IN BAMBERG COUNTY NAMED FOR HIM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2844 -- Rep. Gordon: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. VIRGIL DIMMERY, A CIVIL RIGHTS ACTIVIST OF KINGSTREE, WILLIAMSBURG COUNTY, UPON HIS DEATH.
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. 2828 -- Rep. Keyserling: A BILL TO AMEND ACT 329 OF 1986, RELATING TO STATE INCOME TAX DEFERRALS ON FOREIGN TRADE RECEIPTS, SO AS TO DELETE A REFERENCE TO TAXABLE INCOME.
Referred to Committee on Ways and Means.
H. 2829 -- Reps. Cork, Aydlette, Mappus, G. Brown, J. Bradley and Felder: A BILL TO AMEND SECTION 56-5-5440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO HAVE A VEHICLE PROPERLY INSPECTED, SO AS TO PROVIDE THAT THE PENALTY PROVISION DOES NOT APPLY TO ANY PERSON WHO PURCHASES A USED VEHICLE FOR A THIRTY-DAY PERIOD BEGINNING WITH THE DATE OF PURCHASE OF THE VEHICLE.
Referred to Committee on Education and Public Works.
H. 2830 -- Rep. Blackwell: A BILL TO AMEND ARTICLE 5, CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-450 SO AS TO PROVIDE THAT THE STATE SHALL PROVIDE FUNDS FOR ONLY ONE CENTRAL SCHOOL ADMINISTRATIVE OPERATION IN EACH OF THE FORTY-SIX COUNTIES EFFECTIVE JULY 1, 1988.
Referred to Committee on Ways and Means.
H. 2831 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 87 IN TITLE 44 SO AS TO REQUIRE LICENSING OF ASBESTOS ABATEMENT PROJECTS AND ASBESTOS REMOVAL CONTRACTORS, SUPERVISORS, WORKERS, AIR SAMPLING PROFESSIONALS, AND CONSULTANTS, TO PROVIDE A SCHEDULE OF FEES FOR THE LICENSES, AND TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2832 -- Rep. McEachin: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY BE ISSUED A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO DELETE PROVISIONS WHICH AUTHORIZE THE ISSUANCE OF A BEGINNER'S PERMIT, AND A SPECIAL RESTRICTED DRIVER'S LICENSE TO PERSONS BETWEEN FIFTEEN YEARS AND SIXTEEN YEARS OF AGE, AND TO REPEAL SECTION 56-1-50, RELATING TO A BEGINNER'S PERMIT AND SECTION 56-1-180, RELATING TO A SPECIAL RESTRICTED DRIVER'S LICENSE.
Referred to Committee on Education and Public Works.
H. 2833 -- Rep. J. Bradley: A BILL TO AMEND CHAPTER 121, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITADEL, BY ADDING SECTION 59-121-100 SO AS TO PROVIDE THAT THE RANK OF GENERAL BESTOWED UPON ANY MEMBER OF THE SOUTH CAROLINA UNORGANIZED MILITIA AT THE CITADEL AFTER DECEMBER 31, 1978, MUST BE APPROVED BY ACT OR JOINT RESOLUTION OF THE GENERAL ASSEMBLY.
Rep. HOLT asked unanimous consent to have the Bill placed on the calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Education and Public Works.
H. 2834 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-7-20, 12-7-430, 12-7-435, 12-7-450, 12-7-455, ALL AS AMENDED, AND 12-7-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX, SO AS TO CONFORM THEM TO THE APPROPRIATE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, TO MAKE TECHNICAL CORRECTIONS, AND TO PROVIDE THAT THE DEDUCTION FROM SOUTH CAROLINA TAXABLE INCOME OF RETIREMENT PAY FOR POLICEMEN AND FIREMEN APPLIES ONLY TO RETIREMENT INCOME RECEIVED FROM GROUP RETIREMENT PLANS OF SOUTH CAROLINA COUNTIES AND MUNICIPALITIES; TO AMEND SECTION 12-7-1510, RELATING TO FILING REQUIREMENTS FOR STATE INCOME TAX RETURNS, SO AS TO CONFORM THE FILING REQUIREMENTS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTIONS 12-13-20, AS AMENDED, AND 12-13-30, RELATING TO BUILDING AND LOAN ASSOCIATION INCOME TAX, SO AS TO CONFORM IT TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO REDUCE THE RATE FROM EIGHT TO SIX PERCENT; AND TO AMEND ACT 101 OF 1985, AS AMENDED, THE SOUTH CAROLINA INCOME TAX FEDERAL CONFORMING AMENDMENTS OF 1985, RELATING TO THOSE PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY THIS STATE, SO AS TO CONFORM THE PROVISIONS TO THE INTERNAL REVENUE CODE OF 1986.
Referred to Committee on Ways and Means.
H. 2835 -- Reps. P. Bradley, Clyborne, Haskins, Winstead, Foxworth, Cork, Baker and J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-25 SO AS TO PROVIDE A PROCEDURE FOR THE ALTERATION OF THE BOUNDARIES OF A CONSOLIDATED SCHOOL DISTRICT.
Referred to Committee on Education and Public Works.
H. 2836 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 7, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION AND NONRENEWAL OF PROPERTY INSURANCE AND CASUALTY INSURANCE, BY ADDING SECTION 38-9-890 SO AS TO PROVIDE THAT NO INSURER MAY NONRENEW A POLICY OF HOMEOWNERS INSURANCE BECAUSE THE INSURED HAS FILED A CLAIM WITH THAT INSURER FOR DAMAGES RESULTING FROM AN ACT OF GOD, INCLUDING, BUT NOT LIMITED TO, HAIL, WIND, OR LIGHTNING, OR FOR A FIRE NOT ATTRIBUTABLE TO THE INSURED, AND TO PROVIDE THAT NO INSURER WHICH OFFERS A COMBINATION HOMEOWNERS AND AUTOMOBILE INSURANCE POLICY MAY NONRENEW THIS POLICY FOR OTHER THAN THE REASONS PRESCRIBED IN SECTION 38-37-310.
Referred to Committee on Labor, Commerce and Industry.
H. 2837 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD FISHING ON THE SANTEE RIVER, SO AS TO PROHIBIT THE NETTING OF SHAD ON THE NORTH AND SOUTH SANTEE RIVERS AND THEIR TRIBUTARIES.
Rep. FOXWORTH asked unanimous consent to have the Bill placed on the calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Agriculture and Natural Resources.
H. 2838 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-21-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT RELATIVE TO BOATING, SO AS TO ADOPT FEDERAL STATUTES AND REGULATIONS PERTAINING TO WATERCRAFT AND WATERCRAFT SAFETY AS THE LAW OF THIS STATE.
Referred to Committee on Agriculture and Natural Resources.
H. 2839 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-1-136, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSPIRACY TO VIOLATE THE WILDLIFE CONSERVATION LAWS OF THE STATE (TITLE 50), SO AS TO PROVIDE A SPECIFIC PENALTY FOR CONVICTION OF A VIOLATION OF A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
Referred to Committee on Agriculture and Natural Resources.
H. 2840 -- Rep. Foxworth: A BILL TO AMEND SECTIONS 50-11-1050 AND 50-11-2090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS INVOLVING NIGHT HUNTING OF DEER AND BEAR AND UNLAWFUL HUNTING OF TURKEYS, SO AS TO DELETE PROVISIONS GOVERNING DISPOSITION OF SEIZED PROPERTY OWNED BY PERSONS OTHER THAN THE VIOLATOR IN SECTIONS 10-11-1050 AND 10-11-2090, AND TO AMEND SECTION 50-11-2080 SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF PROPERTY SEIZED IN VIOLATION OF SECTIONS 50-11-1050, 50-11-2080, 50-11-2090, OR 50-13-580 WHICH BELONGS TO OTHER THAN THE VIOLATOR.
Referred to Committee on Agriculture and Natural Resources.
H. 2842 -- Reps. McGinnis, Nesbitt, Wells, Foster and L. Phillips: A BILL TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND MISCELLANEOUS PROVISIONS, BY ADDING SECTION 59-1-415 SO AS TO PROVIDE THAT FIFTY PERCENT OF THE UNUSED SICK LEAVE OF ANY FULL-TIME EMPLOYEE OF THE PUBLIC SCHOOLS, UP TO FORTY-FIVE DAYS, MUST BE TREATED UPON RETIREMENT OF THE EMPLOYEE AS UNUSED ANNUAL LEAVE AT RETIREMENT FOR PURPOSES OF RECEIVING THE TERMINATION PAY PROVIDED FOR IN SECTION 9-1-10.
Referred to Committee on Ways and Means.
S. 84 -- Senators McConnell and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY CHARGE A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED AND SET BY STATUTORY LAW AND TO DEFINE STATUTORY LAW.
Referred to Committee on Judiciary.
S. 166 -- Senator Holland: A BILL TO AMEND SECTION 7-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR HANDICAPPED PERSONS AS A QUALIFICATION.
Referred to Committee on Judiciary.
S. 349 -- Senators Leventis and Wilson: A BILL TO AMEND SECTION 56-3-2010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONALIZED LICENSE PLATES, SO AS TO PROVIDE THAT REGULAR PERSONALIZED PLATES MUST BE ISSUED AS AN ANNUAL LICENSE PLATE ON A STAGGERED MONTHLY BASIS WITH A MONTHLY EXPIRATION STICKER, TO PROVIDE FOR A DECEMBER THIRTY-FIRST EXPIRATION OF LICENSE PLATES ISSUED TO LEGISLATORS AND MEMBERS OF STATE BOARDS AND COMMISSIONS, TO LIMIT BY WEIGHT THOSE TRUCKS ELIGIBLE FOR PERSONALIZED LICENSE PLATES, AND TO AUTHORIZE PERSONALIZED LICENSE PLATES FOR MOTORCYCLES; TO AMEND SECTION 56-3-2020, RELATING TO THE AMOUNT AND DISPOSITION OF THE FEE FOR A PERSONALIZED LICENSE PLATE, SO AS TO REQUIRE A FIFTEEN DOLLAR DEPOSIT FOR PERSONALIZED PLATE ORDERS; AND TO AMEND SECTION 56-3-2030, RELATING TO REGULATIONS AND PROHIBITIONS WITH RESPECT TO PERSONALIZED LICENSE PLATES, SO AS TO DELETE THE ANNUAL DEADLINE FOR APPLICATION.
Referred to Committee on Education and Public Works.
S. 521 -- Senator Williams: A BILL TO AMEND CHAPTER 13 OF TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL LAWS BY ADDING SECTION 61-13-885 SO AS TO REQUIRE EVERY PERSON ENGAGED IN THE BUSINESS OF SELLING BEER, WINE, OR LIQUOR AT RETAIL TO POST CERTAIN SIGNS PERTAINING TO UNLAWFUL PURCHASE OR POSSESSION IN EVERY LOCATION FOR WHICH HE HAS OBTAINED A LICENSE OR PERMIT, AND TO PROVIDE PENALTIES FOR VIOLATION, AND TO REPEAL SECTIONS 61-9-75 AND 61-9-455, RELATING TO THE REQUIREMENT THAT CERTAIN SIMILAR SIGNS BE POSTED IN RETAIL BEER OR WINE ESTABLISHMENTS.
Referred to Committee on Judiciary.
S. 522 -- Senator Williams: A BILL TO AMEND SECTION 61-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS ISSUED TO NONPROFIT ORGANIZATIONS ALLOWING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUOR AND BEVERAGES FOR A PERIOD NOT TO EXCEED TWENTY-FOUR HOURS, SO AS TO ALSO PERMIT THE SALE OF ALCOHOLIC LIQUOR AND BEVERAGES BY THE NONPROFIT ORGANIZATIONS DURING THIS TWENTY-FOUR HOUR PERIOD UPON OBTAINING A PERMIT.
Referred to Committee on Judiciary.
S. 532 -- Education Committee: A BILL TO AMEND SECTIONS 59-113-10, 59-113-20, 59-113-30, AND 59-113-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION GRANTS, SO AS TO CHANGE THE NAME OF THE HIGHER EDUCATION TUITION GRANT COMMITTEE TO HIGHER EDUCATION TUITION GRANT COMMISSION, PROVIDE THAT THE COMMISSION IS RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND SHALL REPORT TO THE GENERAL ASSEMBLY AT LEAST ANNUALLY, CHANGE THE QUALIFICATIONS FOR A TUITION GRANT SO AS TO ALLOW A PERSON WHO IS ENROLLED IN A COURSE OF STUDY LEADING TO A DEGREE IN RELIGIOUS EDUCATION TO RECEIVE A TUITION GRANT, PROVIDE FOR WHAT THE MAXIMUM AMOUNT UNDER CHAPTER 113 OF TITLE 59 MAY NOT EXCEED, AND PROVIDE A NEW DEFINITION OF AN "INDEPENDENT INSTITUTION OF HIGHER LEARNING" FOR THE PURPOSES OF THAT CHAPTER.
Referred to Committee on Education and Public Works.
S. 605 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO WRITTEN AGREEMENTS WITH LICENSED AUCTION FIRMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 738, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 606 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO AUCTION FIRM LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 791, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 607 -- General Committee: A BILL TO AMEND SECTION 40-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR REGISTRATION OF ARCHITECTS, SO AS TO DEFINE "PROFESSIONAL DEGREE"; TO AMEND SECTION 40-3-60, RELATING TO QUALIFICATIONS FOR SITTING THE LICENSURE EXAMINATION, SO AS TO PROVIDE THAT A PROFESSIONAL DEGREE IS EQUIVALENT TO FIVE YEARS' WORK EXPERIENCE AND TO REQUIRE EXAMINATION APPLICANTS AFTER JUNE 30, 1990, TO MEET THE EXPERIENCE REQUIREMENTS OF THE NATIONAL COUNCIL OF ARCHITECTURAL REGISTRATION BOARDS; TO AMEND SECTION 40-3-80, RELATING TO THE EXAMINATION APPLICATION FEE, SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO SET A FEE OF NOT MORE THAN ONE HUNDRED DOLLARS; TO AMEND SECTION 40-3-90, RELATING TO THE ANNUAL RENEWAL FEE, SO AS TO INCREASE THE PENALTY FOR LATE PAYMENT; TO AMEND SECTION 40-3-110, RELATING TO THE REQUIRED USE OF THE ARCHITECT'S SEAL, SO AS TO CLARIFY THE DEFINITION OF ARCHITECT; TO AMEND SECTION 40-3-120, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES, SO AS TO INCREASE THE PERIOD OF NOTICE OF CHARGES AND TO AUTHORIZE THE COUNCIL TO IMPOSE CIVIL PENALTIES NOT TO EXCEED TWO THOUSAND DOLLARS AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUE AND PROCEDURES FOR PAYMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 40-3-180 SO AS TO REQUIRE AUTHORITIES ISSUING BUILDING PERMITS TO VERIFY THAT THE ARCHITECT IS REGISTERED IN THE STATE AND TO PROVIDE EXCEPTIONS; AND TO AUTHORIZE PERSONS TO QUALIFY FOR THE EXAMINATION UNDER THE EXPERIENCE PROVISIONS OF PRIOR LAW IF THE APPLICANT FILES A WRITTEN NOTICE OF INTENT WITH THE BOARD ON OR BEFORE JANUARY 1, 1990, AND QUALIFIES UNDER PRIOR LAW ON OR BEFORE JANUARY 2, 1996.
Referred to Committee on Labor, Commerce and Industry.
The following was received from the Senate.
The following was received.
Columbia, S. C., April 7, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 98:
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, AND SIMILAR DEVICES, SO AS TO ADD SMOKE BOMBS AND SIMILAR DEVICES; TO PROVIDE THAT THE USE OF SUCH A DEVICE WHICH MAY INFLICT INJURY OR CAUSE FEAR SUFFICIENT TO INCITE A RIOT OR CONDITIONS OF PANIC IS UNLAWFUL; TO ADD STADIUMS AND ARENAS AND SIMILAR STRUCTURES AS LOCATIONS WHERE THE USE OF THE DEVICES ARE UNLAWFUL; TO INCREASE THE PENALTIES FOR VIOLATIONS FROM IMPRISONMENT FOR NOT MORE THAN ONE YEAR AND A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH, TO IMPRISONMENT FOR NOT MORE THAN FIVE YEARS OR A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS, OR BOTH; AND TO PROVIDE THAT THE COURT MAY ORDER ALL OR A PORTION OF A FINE TO BE PAID TO PERSONS INJURED AS A RESULT OF THE VIOLATION TO RECOVER NECESSARY MEDICAL EXPENSES.
Very respectfully,
President
On motion of Rep. MOSS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. MOSS, O. PHILLIPS and WILKINS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie 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 April 8, 1987.
Robert N. McLellan Larry Blanding John Felder John H. Burriss Larry Gentry John Russell James E. Lockemy
STATEMENTS OF ATTENDANCE
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 2, 1987.
Rep. FERGUSON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 7, 1987.
The SPEAKER Pro Tempore granted Rep. BLACKWELL a leave of absence for the day to attend the inauguration of the President of Gardner Webb College in Boiling Springs, N.C.
Announcement was made that Robert E. Livingston, Jr. of Newberry, is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
S. 608 -- Senator Long: A BILL TO AMEND ACT 114 OF 1959, AS AMENDED, RELATING TO THE HORRY COUNTY HIGHER EDUCATION COMMISSION, SO AS TO FURTHER PROVIDE FOR THE AUTHORIZED TAX LEVY FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST OF CERTAIN GENERAL OBLIGATION BONDS OF THE COUNTY ISSUED FOR THE AUTHORIZED PURPOSES OF THE COMMISSION, AND TO PROVIDE FOR THE USE OF ANY SURPLUS REMAINING AFTER PAYMENT OF THIS DEBT SERVICE.
Rep. THRAILKILL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
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.
Rep. HASKINS moved to reconsider the vote whereby Amendment No. 2 was tabled.
Rep. OGBURN moved to table the motion.
Rep. BEASLEY raised the Point of Order that the motion to reconsider the vote whereby the amendment was tabled was out of order as the vote whereby the Bill was passed on second reading must be reconsidered before the amendment could be considered.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. HASKINS moved to reconsider the vote whereby the Bill was given a second reading.
Rep. FERGUSON spoke in favor of the motion to reconsider.
Rep. OGBURN moved to table the motion to reconsider.
Rep. FERGUSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Boan Bradley, J. Bradley, P. Burriss, M.D. Burriss, T.M. Cork Dangerfield Derrick Hearn Hendricks Holt Klapman Kohn Koon Mappus Martin, L. Ogburn Simpson Sturkie
Those who voted in the negative are:
Alexander, T.C. Altman Arthur Bailey, K. Baxley Beasley Bennett Brown, H. Brown, J. Carnell Chamblee Clyborne Cooper Corning Davenport Day Edwards Elliott Faber Fair Ferguson Foster Gilbert Gordon Gregory Harris, P. Harvin Haskins Hayes Hodges Huff Johnson, J.C. Jones Kay Keyserling Kirsh Limehouse Martin, D. Mattos McAbee McBride McCain McEachin McGinnis McLeod, E.B. Nesbitt Nettles Petty Phillips, O. Sharpe Shelton Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to by a division vote of 48 to 16.
Rep. FERGUSON moved to adjourn debate upon the Bill until Wednesday, April 22.
Rep. J. BRADLEY moved to table the motion, which was agreed to.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 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.
H. 2072--AMENDED, OBJECTION AND INTERRUPTED DEBATE
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 2, by the Committee on Judiciary.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Reps. TOAL and FAIR proposed the following Amendment No. 2 (Doc. No. 3594Y), which was adopted.
Amend the report of the Judiciary Committee, as and if amended, in Section 16-15-445, as contained in SECTION 2, page 2072-11, by striking on line 12 /Section 16-15-305/ and inserting/Sections 16-15-305, 16-15-395, and 16-15-405/.
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Reps. TOAL and FAIR proposed the following Amendment No. 3 (Doc. No. 3668Y), which was adopted.
Amend the report by the Committee on Judiciary, as and if amended, in Section 16-15-415(A)(2), page 2072-10, by striking /protects/ on line 12 and inserting /promotes/.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Reps. TOAL and FAIR proposed the following Amendment No. 4 (Doc. No. 3686Y), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, by striking Section 16-15-305(C), as contained in SECTION 1, beginning on page 2072-2 and inserting:
/(C) As used in this article:
(1) 'sexual conduct' means:
(a) vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted, whether between human beings, animals, or a combination thereof;
(b) masturbation, excretory functions, or lewd exhibition, actual or simulated, of the genitals, pubic hair, anus, vulva, or female breast nipples including male or female genitals in a state of sexual stimulation or arousal or covered male genitals in a discernably turgid state;
(c) an act or condition that depicts actual or simulated bestiality, sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed;
(d) an act or condition that depicts actual or simulated touching, caressing, or fondling of, or other similar physical contact with, the covered or exposed genitals, pubic or anal regions, or female breast nipple, whether alone or between humans, animals, or a human and an animal, of the same or opposite sex, in an act of apparent sexual stimulation or gratification; or
(e) an act or condition that depicts the insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure.
(2)'patently offensive' means obviously and clearly disagreeable, objectionable, repugnant, displeasing, distasteful, or obnoxious to contemporary standards of decency and propriety within the community.
(3)'prurient interest' means a shameful or morbid interest in nudity, sex, or excretion and is reflective of an arousal of lewd and lascivious desires and thoughts.
(4)'person' means any individual, corporation, partnership, association, firm, club, or other legal or commercial entity.
(5)'knowingly' means having knowledge of the content of the subject material or performance, or failing after reasonable opportunity to exercise reasonable inspection which would have disclosed the character of the material or performance./
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Rep. TOAL explained the Bill.
Rep. J. BRADLEY objected to the Bill.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill.
Rep. TOAL moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up.
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.
Rep. FAIR explained the Bill. Reps. HOLT and FOXWORTH objected to the Bill.
The following Bill was taken up.
H. 2549 -- Reps. McEachin, Keyserling and J.W. Johnson: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO CHANCE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER FIRST TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ONLY ADJUSTED DOWNWARDLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARING ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 3547Y).
Amend the bill, as and if amended, by striking SECTION 2 as contained in the bill and inserting:
/SECTION 2. Section 11-9-880(A) of the 1976 Code is amended to read:
"(A) The Board of Economic Advisors shall make an initial forecast of economic conditions in the State and state revenues for the next fiscal year no later than November first October fifteenth of each year and any subsequent adjustments to the October fifteenth forecast may only be downward adjustments. Adjustments to the forecast must be considered on December first and January first. A final forecast for the next fiscal year must be made on February January fifteenth. The February January fifteenth forecast may be adjusted downward monthly if the Board board determines that changing economic conditions have affected the February January fifteenth forecast. Prior to making or adjusting any forecast, the Board board must consult with outside economic experts with respect to national and South Carolina economic business conditions. All forecasts and adjusted forecasts must contain:
(1) A a brief description of the econometric model and all assumptions and basic decisions underlying the forecasts;
(2) A a projection of state revenues on a quarterly basis;
(3) Separate separate discussions of any industry which employs more than twenty percent of the state's total nonagricultural employment and separate proJections for these industries."/
Amend title to conform.
Rep. McEACHIN explained the amendment.
Reps. KIRSH, McABEE, TUCKER, HOLT, DAVENPORT, CARNELL, WINSTEAD, FOXWORTH, KLAPMAN and FOSTER objected to the Bill.
Rep. BAXLEY moved to reconsider the vote whereby Amendment No. 2 on H. 2499 was tabled and the motion was noted.
The SPEAKER Pro Tempore granted Rep. HELMLY a leave of absence for the remainder of the day.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 2558 -- Rep. McEachin: A BILL TO AMEND SECTION 33-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED APPROVAL BY THE SHERIFF OF A NONPROFIT CORPORATION'S DECLARATION OF INTENT TO INCORPORATE, SO AS TO PROVIDE THAT THE SHERIFF MAY DISAPPROVE THESE DECLARATIONS FOR CAUSE AND MUST STATE HIS REASONS FOR THE DISAPPROVAL IN WRITING TO THE APPLICANT, AND TO PROVIDE THAT THIS DISAPPROVAL MAY BE APPEALED BY THE APPLICANT TO THE CIRCUIT COURT.
Rep. McEACHIN explained the Bill.
S. 465 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 24-13-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISED FURLOUGH PROGRAM UNDER THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT OF 1986, SO AS TO NOT INCLUDE INMATES WITHIN THE PROGRAM WHO HAVE COMMITTED THE CRIME OF CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE OR HAVE COMMITTED OR ATTEMPTED A LEWD ACT UPON A CHILD UNDER THE AGE OF FOURTEEN.
Rep. WILKINS explained the Bill.
S. 466 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 24-3-1120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE PRISON OVERCROWDING POWERS ACT, SO AS TO ADD TO THE DEFINITION OF "QUALIFIED PRISONER" THAT THE PRISONER HAS NOT BEEN CONVICTED OF CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE OR COMMITTING OR ATTEMPTING A LEWD ACT UPON A CHILD UNDER THE AGE OF FOURTEEN.
Rep. WILKINS explained the Bill.
H. 2782 -- Rep. J. Rogers: A BILL TO AMEND SECTION 50-13-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS GOVERNING FISHING IN RED BLUFF POND IN MARLBORO COUNTY, SO AS TO ALLOW THE USE OF MINNOWS AS BAIT.
H. 2811 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO PROVIDE FOR THE REGULATION OF BIRTHING CENTERS AND TO PROVIDE A PENALTY.
Rep. DERRICK explained the Bill.
On motion of Rep. DERRICK, with unanimous consent, it was ordered that H. 2811 be read the third time tomorrow.
The following Bill was taken up.
H. 2527 -- Reps. Sharpe, G. Bailey, Hayes, Moss, Aydlette, Klapman, Blackwell, Sturkie, Jones, Kay, Simpson, Koon, J.C. Johnson, Thrailkill, Foxworth, Altman, Chamblee, Pearce, McTeer, J.W. McLeod, J.H. Burriss, R. Brown, Barfield, Townsend, M.O. Alexander, Rice, McCain, Gordon, H. Brown, Petty, Davenport, Wells, Neilson, Hendricks, Ferguson, Haskins, Baxley, McGinnis, Kirsh and Harvin: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN FUNCTIONS OF THE GOVERNOR BY ADDING SECTION 1-3-450 SO AS TO PROVIDE THAT THE GOVERNOR ON THE DAY OF BURIAL OR OTHER SERVICE FOR ANY FIREFIGHTER OR LAW ENFORCEMENT OFFICER IN THIS STATE WHO DIED IN THE LINE OF DUTY SHALL ORDER ALL FLAGS ON STATE BUILDINGS TO BE FLOWN AT HALF MAST IN TRIBUTE TO THE DECEASED FIREFIGHTER OR LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT THE GOVERNOR SHALL ALSO REQUEST THAT FLAGS OVER THE BUILDINGS OF THE POLITICAL SUBDIVISIONS OF THIS STATE SIMILARLY BE FLOWN AT HALF MAST FOR THIS PURPOSE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3484Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 7, Chapter 3, Title 1 of the 1976 Code is amended by adding:
"Section 1-3-470. The Governor on the day of burial or other service for any firefighter or law enforcement officer in this State who died in the line of duty shall order all flags on state buildings to be flown at half mast in tribute to the deceased firefighter or law enforcement officer. The Governor shall also request that flags over the buildings of the political subdivisions of this State similarly be flown at half mast for this purpose."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HASKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2772 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 41-10-10, 41-10-30, 41-10-40, 41-10-50, AND 41-10-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD AND MANNER OF THE PAYMENT OF WAGES, SO AS TO EXCLUDE FROM THE DEFINITION OF WAGES VACATION, HOLIDAY, SICK LEAVE, AND SEVERANCE PAYMENTS UNDER AN EMPLOYMENT CONTRACT, DELETE THE REQUIREMENT THAT AN EMPLOYER NOTIFY AN EMPLOYEE IN WRITING OF THE WORK HOURS AGREED UPON, TO PROVIDE THAT WRITTEN NOTICE IS NOT REQUIRED PRIOR TO AN INCREASE IN WAGES, TO PROVIDE THAT AN EMPLOYER KEEP RECORDS OF NAMES, ADDRESSES, WAGES, AND DEDUCTIONS OF EMPLOYEES FOR THREE YEARS, TO DELETE THE PROVISION PERMITTING DEPOSIT OF WAGES BY AN EMPLOYER TO AN EMPLOYEE'S CREDIT IN A FINANCIAL INSTITUTION, TO PROVIDE GUIDELINES FOR DEPOSIT OF WAGES UNDER A MANDATORY WAGE DEPOSIT PLAN, TO DELETE THE REQUIREMENT OF WRITTEN NOTICE WHEN AN EMPLOYEE IS DISCHARGED, TO PROVIDE THAT THE CIVIL PENALTY FOR VIOLATING SECTION 41-10-40 (EMPLOYEE WAGE DEPOSIT PLAN) SHALL NOT EXCEED TWO THOUSAND DOLLARS FOR MULTIPLE OFFENSES ARISING FROM A SINGLE TRANSACTION AND TO MAKE THE LEVYING OF THE CIVIL PENALTY PERMISSIVE RATHER THAN MANDATORY, TO PROVIDE THAT THE STATUTE OF LIMITATIONS TO RECOVER WAGES IS TWO YEARS AFTER THE WAGES BECOME DUE AND TO DELETE THE CRIMINAL PENALTY FOR REFUSING TO PAY WAGES; AND TO REPEAL SECTION 41-10-70 RELATING TO INVESTIGATION OF VIOLATIONS IN THE PAYMENT OF WAGES BY THE COMMISSIONER OF LABOR.
Rep. J. BRADLEY proposed the following Amendment No. 1 (Doc. No. 3675Y), which was adopted.
Amend the bill, as and if amended, page 3, beginning on line 32, by striking Section 41-10-80(A) and (B) as contained in SECTION 6 and inserting:
(A) Any employer who violates the provisions of Section 41-10-30 must be given a written warning by the Commissioner of Labor for the first offense and must be assessed a civil penalty of not more than one hundred dollars for each subsequent offense. The civil penalty that must be assessed for multiple offenses arising from a single event or transaction must not exceed two thousand dollars.
(B) Any employer who violates the provisions of Section 41-10-40 must be assessed a civil penalty of not more than one hundred dollars for each violation. Each failure to pay constitutes a separate offense. The civil penalty that must be assessed for multiple offenses arising from a single event or transaction must not exceed two thousand dollars./
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. J. BRADLEY proposed the following Amendment No. 2 (Doc. No. 3678Y), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 7 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. J. BRADLEY proposed the following Amendment No. 3 (Doc. No. 3674Y), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 1 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The SPEAKER Pro Tempore granted Rep. STODDARD a leave of absence for the remainder of the day.
Rep. L. MARTIN spoke against the amendment.
Rep. J. BRADLEY spoke in favor of the amendment.
Rep. L. MARTIN moved to table the amendment.
Rep. J. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Baker Bennett Boan Bradley, P. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cooper Cork Corning Dangerfield Davenport Derrick Evatt Foxworth Harris, P. Hearn Hendricks Kirsh Klapman Koon Mappus Martin, L. McAbee McCain McGinnis Nesbitt Petty Rhoad Simpson Sturkie Thrailkill Wells Wilder
Those who voted in the negative are:
Altman Arthur Aydlette Bailey, K. Blanding Bradley, J. Brown, G. Brown, J. Chamblee Day Faber Ferguson Gilbert Gordon Harris, J. Harvin Hawkins Hayes Hodges Huff Johnson, J.C. Johnson, J.W. Jones Limehouse Martin, D. McBride McEachin McElveen McKay McLeod, E.B. McTeer Moss Nettles Rogers, J. Rogers, T. Rudnick Shelton Stoddard Toal Townsend Tucker Waldrop Washington Whipper White Wilkins
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 46 to 34.
The Bill, as amended, was then read the second time and ordered to third reading.
The following was received.
Columbia, S.C., April 8, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. SHEHEEN, the invitation was accepted.
The following Bill was taken up.
H. 2773 -- Reps. Wilkins, T. Rogers, H. Brown, J. Rogers, Gentry, Haskins, Toal, Hendricks, J.W. Johnson, Arthur, Short, Gregory, Wilder, D. Martin, Hayes and McElveen: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF ANY PERSON TWENTY-FIVE YEARS OF AGE OR YOUNGER WHO HAS COMPLETED HIS SERVICE OF HIS SENTENCE FOR A SPECIFIED MISDEMEANOR OFFENSE IF THIS OFFENSE WAS HIS FIRST VIOLATION OF ANY CRIME.
Rep. WILKINS moved to commit the Bill to the Committee on Judiciary, which was agreed to.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
H. 2783 -- Ways and Means Committee: A BILL TO AMEND SECTION 59-115-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE EDUCATION ASSISTANCE ACT SO AS TO REVISE THE DEFINITION OF "STUDENTS" FOR PURPOSES OF THE ACT THEREBY MAKING ANY QUALIFYING STUDENT RATHER THAN ONLY QUALIFYING RESIDENTS OF SOUTH CAROLINA ELIGIBLE FOR STUDENT LOANS.
Rep. DERRICK moved to adjourn debate upon the following Bill, which was adopted.
H. 2807 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTIONS 44-29-60 THROUGH 44-29-110, 44-29-130 THROUGH 44-29-140, 44-29-190, AND 44-29-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VENEREAL DISEASES, SO AS TO CHANGE THE REFERENCE TO SYPHILIS, GONORRHEA, CHANCROID, AND VENEREAL DISEASES TO SEXUALLY TRANSMITTED DISEASES, REQUIRE PERSONS INFECTED WITH A SEXUALLY TRANSMITTED DISEASE TO IDENTIFY THOSE PERSONS WITH WHOM THEY HAVE HAD SEXUAL CONTACT, REQUIRE PRISONERS WHO HAVE A SEXUALLY TRANSMITTED DISEASE AT THE TIME OF EXPIRATION OF THEIR TERM OF IMPRISONMENT TO BE ISOLATED AND TREATED AT PUBLIC EXPENSE UNTIL IN THE JUDGMENT OF THE LOCAL HEALTH OFFICER THE PRISONER MAY BE MEDICALLY DISCHARGED OR HE MAY BE REQUIRED TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO INCREASE THE PENALTY FOR EXPOSING ANOTHER TO A SEXUALLY TRANSMITTED DISEASE, FOR FAILING TO REPORT, FOR FAILING TO EXAMINE AND TREAT PRISONERS, AND FOR FAILING TO KEEP CONFIDENTIALITY OF RECORDS OF A SEXUALLY TRANSMITTED DISEASE FROM NOT MORE THAN TWENTY DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN TWENTY DAYS TO NOT MORE THAN THIRTY DAYS; AND TO INCREASE THE PENALTY FOR SCHOOL OFFICIALS WHO ADMIT ANY PERSON WITHOUT FIRST SECURING EVIDENCE THAT THE PERSON HAS BEEN VACCINATED AND IMMUNIZED FROM NOT MORE THAN FIFTY DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-29-145 SO AS TO MAKE IT UNLAWFUL FOR ANYONE KNOWINGLY INFECTED WITH ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) TO KNOWINGLY EXPOSE ANOTHER PERSON TO AIDS THROUGH EXCHANGE OF BLOOD PRODUCTS OR BODY FLUIDS.
The following Bill was taken up.
H. 2808 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-870 SO AS TO PROVIDE THAT A CONTRACT FOR SALE OF UNIMPROVED LAND FOR RESIDENTIAL USE CONTAIN AN IMPLIED WARRANTY THAT THE LAND IS ACCESSIBLE TO A SEWER LINE OR SUITABLE FOR A SEWAGE DISPOSAL SYSTEM UNLESS THE CONTRACT CONTAINS A DISCLAIMER OR EXPRESS WARRANTY THAT THE LAND IS ACCESSIBLE TO A SEWER LINE OR SUITABLE FOR SEWAGE DISPOSAL AND TO PROVIDE THAT UPON A BREACH OF WARRANTY THE BUYER MAY RESCIND THE CONTRACT, RECOVER THE PURCHASE PRICE, AND DAMAGES.
Rep. WILKINS moved to commit the Bill to the Committee on Judiciary, which was agreed to.
Reps. KOHN, AYDLETTE, FOXWORTH and H. BROWN withdrew their objections to S. 317.
Reps. DAVENPORT, FERGUSON and HASKINS withdrew their objections to S. 445.
Reps. MAPPUS, BLANDING, CORK, SIMPSON and TAYLOR withdrew their objections to H. 2374.
Rep. McLELLAN, with unanimous consent, moved to commit the following Bill to the Committee on Ways and Means, which was agreed to.
H. 2783 -- Ways and Means Committee: A BILL TO AMEND SECTION 59-115-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE EDUCATION ASSISTANCE ACT SO AS TO REVISE THE DEFINITION OF "STUDENTS" FOR PURPOSES OF THE ACT THEREBY MAKING ANY QUALIFYING STUDENT RATHER THAN ONLY QUALIFYING RESIDENTS OF SOUTH CAROLINA ELIGIBLE FOR STUDENT LOANS.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 2527 be read the third time tomorrow.
Rep. J. ROGERS, with unanimous consent, withdrew his objection to S. 329 however, other objections remained upon the Bill.
On motion of Rep. McEACHIN, with unanimous consent, it was ordered that H. 2558 be read the third time tomorrow.
Rep. BAXLEY, with unanimous consent, withdrew his objection to S. 329.
The Senate amendments to the following Bill were taken up for consideration.
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 House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 2183 -- Reps. Waldrop and Limehouse: A BILL TO AMEND SECTION 40-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT QUALIFIED PUREBRED LIVESTOCK AUCTIONEERS MAY BE EXEMPTED FROM EXAMINATION AND BONDING REQUIREMENTS BUT NOT FROM LICENSING AND LICENSE FEE PROVISIONS.
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. GREGORY moved that the House recur to the morning hour, which was not agreed to.
Rep. HENDRICKS moved to adjourn debate upon the following Bill until Wednesday, April 15, which was adopted.
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.
The following Concurrent Resolution was taken up.
H. 2804 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO HOLD A JOINT SESSION IN CHARLESTON ON MONDAY, MAY 23, 1988, TO CELEBRATE THE BICENTENNIAL OF THE CONSTITUTION OF THE UNITED STATES AND TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO VISIT IN CHARLESTON ON THE PRECEDING WEEKEND BEGINNING ON SATURDAY, MAY 21, 1988.
Whereas, in 1987, America celebrates the bicentennial of the Constitution of the United States, a document that a British prime minister, William Gladstone, once called "the greatest document ever struck off by the hand and mind of man"; and
Whereas, the Constitution was submitted by resolution of the Constitutional Convention on September 17, 1787. It became effective on March 4, 1789, the day fixed for commencement of the operations of the government, by virtue of its ratification by the conventions of eleven states; and
Whereas, celebrations during this two-year period throughout the United States will be held commemorating this significant occasion; and
Whereas, the Charleston County Legislative Delegation would like to invite the General Assembly to hold a joint session in Charleston to honor and celebrate the bicentennial of the Constitution on Monday, May 23, 1988, at an appropriate location to be designated by the Charleston County Legislative Delegation and to visit in Charleston on the preceding weekend beginning on Saturday, May 21, 1988. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the Charleston County Legislative Delegation invite the members of the General Assembly to hold a joint session in Charleston on Monday, May 23, 1988, to celebrate the bicentennial of the Constitution of the United States and invite the members of the General Assembly to visit in Charleston on the preceding weekend beginning on Saturday, May 21, 1988.
Rep. KLAPMAN inquired whether the Constitution allowed the General Assembly to meet elsewhere than Columbia.
The SPEAKER stated there were two conflicting sections of the Constitution relating to the meeting place of the General Assembly, but that it would be allowable.
The Concurrent Resolution was adopted and ordered sent to the Senate.
At 11: 45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R43) S. 45 -- Senators Land, Applegate, Hayes and Nell W. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 27 SO AS TO ESTABLISH REQUIREMENTS FOR NONPROFIT ORGANIZATIONS TO CLAIM TITLE TO ABANDONED CULTURAL PROPERTY, TO REQUIRE A PROCEDURE BY WHICH THE ORGANIZATION HOLDING THE PROPERTY MUST MAKE NOTIFICATION IN ORDER TO CLAIM THE PROPERTY, TO ESTABLISH CONDITIONS UNDER WHICH CONSERVATION MEASURES MAY BE TAKEN TO PROVIDE A LIMITATION ON ACTIONS BROUGHT AGAINST ORGANIZATIONS, AND TO PROVIDE FOR THE EXCLUSIVE USE OF THIS CHAPTER TO DISPOSE OF PROPERTY TO WHICH IT APPLIES.
(R44) 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.
(R45) S. 148 -- Senators Theodore and Garrison: AN ACT 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.
(R46) 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.
(R47) H. 2120 -- Reps. Kirsh, Nesbitt and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-65 SO AS TO PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OR IMPROVEMENT OF A FARM STRUCTURE BY A COUNTY OR MUNICIPALITY, TO DEFINE FARM STRUCTURE, AND TO PROVIDE FOR THE AUTHORITY OF THE COUNTY OR MUNICIPALITY TO ISSUE BUILDING PERMITS PRIOR TO THE CONSTRUCTION OR IMPROVEMENT.
(R48) H. 2707 -- Reps. M.O. Alexander, Clyborne, Haskins, Mattos, L. Phillips, Shelton and Wilkins: AN ACT 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.
(R49) H. 2191 -- Reps. Mattos, Foxworth, Harvin, Davenport, J. Brown, Clyborne, Kay, P. Harris, Shelton, Mappus, P. Bradley, J. Bradley, McEachin, Blackwell, Rice, M.O. Alexander and L. Phillips: AN ACT TO PROVIDE THAT THE ENGLISH LANGUAGE IS THE OFFICIAL LANGUAGE OF THE STATE OF SOUTH CAROLINA, TO PROVIDE THAT NEITHER THIS STATE NOR ANY POLITICAL SUBDIVISION THEREOF MAY REQUIRE THE USE OF ANY LANGUAGE OTHER THAN ENGLISH, AND TO PROVIDE EXCEPTIONS.
(R50) H. 2100 -- Reps. P. Harris, J. Harris and Helmly: AN ACT 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 WITH THOSE CREATED PURSUANT TO SECTION 44-21-830 AND SHALL PERFORM THE SaME DUTIES AS THOSE ASSIGNED TO BOARDS PURSUANT TO SECTION 44-21-840.
(R51) H. 2412 -- Reps. Wilkins, P. Bradley, Arthur, Gentry, Hayes, Baxley, Beasley, Tucker, Short, Boan, T.M. Burriss, J.W. Johnson, Corning and Hearn: AN ACT TO AMEND SECTION 15-39-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL SALE DAYS, SO AS TO PROVIDE THAT JUDICIAL SALES OF PROPERTY MAY BE CONDUCTED AT TIMES OTHER THAN REGULAR SALE DAYS WHEN SO ORDERED BY A COURT OF COMPETENT AUTHORITY OR WHEN SO DIRECTED BY AN ORDER OF REFERENCE; 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.
(R52) H. 2002 -- Reps. Rhoad and Wilder: AN ACT TO AMEND ARTICLE 1 OF CHAPTER 7 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCATION OF PRECINCTS AND VOTING PLACES, BY ADDING SECTION 7-7-55 SO AS TO ESTABLISH THE VOTING PLACES FOR THE VOTING PRECINCTS IN ALLENDALE COUNTY.
(R53) H. 2083 -- Reps. Rice, Mattos, Fair and Clyborne: AN ACT 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.
(R54) H. 2055 -- Reps. Kirsh, Nesbitt and P. Bradley: AN ACT TO AMEND SECTION 59-65-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE FOR COMPULSORY PUBLIC OR PRIVATE SCHOOL ATTENDANCE, SO AS TO CLARIFY THE AGES WHEN A CHILD OR WARD IS REQUIRED TO ATTEND SCHOOL BY HIS PARENT OR GUARDIAN.
(R55) H. 2096 -- Rep. Foxworth: AN ACT 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.
(R56) H. 2702 -- Reps. Simpson, Hendricks and L. Martin: AN ACT 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.
(R57) H. 2290 -- Rep. E.B. McLeod: AN ACT TO AMEND SECTION 24-21-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS OF PROBATION, SO AS TO DELETE THE PROHIBITION AGAINST A PROBATIONER BEING REQUIRED TO SUBMIT TO SURVEILLANCE BY ELECTRONIC MEANS, AND TO PERMIT THIS ELECTRONIC SURVEILLANCE OF A PROBATIONER.
(R58) H. 2182 -- Reps. Waldrop, Blackwell, Haskins and Limehouse: AN ACT TO AMEND SECTION 40-6-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL REQUIREMENTS FOR LICENSES FOR AUCTIONEERS, SO AS TO PROVIDE THAT THE CREDIT RECORD OF ANY APPLICANT MAY BE CONSIDERED BY THE AUCTIONEERS' COMMISSION IN DETERMINING WHETHER OR NOT TO LICENSE THE APPLICANT AND TO ESTABLISH A FEE FOR A CREDIT INVESTIGATION.
(R59) H. 2179 -- Reps. Waldrop, Haskins, Blackwell and Limehouse: AN ACT TO AMEND SECTION 40-6-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO AUTHORIZE THE SOUTH CAROLINA AUCTIONEERS' COMMISSION TO ISSUE REPRIMANDS FOR MISCONDUCT WHICH DOES NOT WARRANT SUSPENSION OR REVOCATION OF A LICENSE.
(R60) H. 2180 -- Reps. Waldrop and Limehouse: AN ACT TO AMEND SECTION 40-6-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO DELETE THE PROVISIONS WHICH ALLOW THE EXEMPTING OF PERSONS ENGAGED IN AUCTIONEERING BUSINESSES ON MAY 24, 1977, FROM HAVING TO BE LICENSED AS AN APPRENTICE BEFORE BEING LICENSED AS AN AUCTIONEER.
(R61) H. 2181 -- Reps. Waldrop, Hearn and Limehouse: AN ACT TO AMEND SECTION 40-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO CHANGE THE METHOD OF SUBMITTING NOMINATIONS FOR APPOINTMENTS TO THE SOUTH CAROLINA AUCTIONEERS' COMMISSION.
(R62) H. 2184 -- Reps. Waldrop and Limehouse: AN ACT TO AMEND SECTION 40-6-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR AUCTIONEERS' LICENSES, SO AS TO INCREASE THE FEES AND TO PROVIDE FOR THE AUCTIONEERS' COMMISSION TO DETERMINE THE FEE FOR LICENSE FOR ONE YEAR AS AN AUCTION FIRM, NOT TO EXCEED ONE HUNDRED DOLLARS.
(R63) H. 2185 -- Reps. Waldrop, Gentry, Haskins, Limehouse and Mattos: AN ACT TO AMEND SECTION 40-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT NO DISCIPLINARY ACTION MAY BE TAKEN AGAINST A LICENSEE OF THE SOUTH CAROLINA AUCTIONEERS' COMMISSION WITHOUT A PUBLIC HEARING.
(R64) H. 2662 -- Reps. Waldrop and Gentry: AN ACT 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.
At 11:53 A.M. the House resumed, the SPEAKER in the Chair.
Rep. KIRSH moved to dispense with the Motion Period which was agreed to by a division vote of 41 to 0.
The following Bill was taken up.
H. 2795 -- Richland County Delegation: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT PRIOR TO ANY MERGER OR ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY A REFERENDUM IN EACH SCHOOL DISTRICT MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE MERGER OR ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT FAVOR THEIR MERGER OR ALTERATION, AND PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM; TO AMEND ACT 280 OF 1979, RELATING TO TAX LEVIES FOR LEXINGTON AND RICHLAND COUNTY SCHOOLS, SO AS TO PROVIDE THAT EFFECTIVE WITH THE FISCAL YEAR BEGINNING JULY 1, 1988, A SCHOOL TAX LEVY FOR GENERAL OPERATING PURPOSES FOR RICHLAND COUNTY SCHOOL DISTRICTS ONE AND TWO MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE DISTRICTS, PROVIDE THAT THE LEVY MAY NOT BE INCREASED MORE THAN FIVE PERCENT OF THE LOCAL TAX MILLAGE FOR OPERATING PURPOSES FROM THE PREVIOUS FISCAL YEAR UNLESS THE INCREASE IS APPROVED BY THE RICHLAND COUNTY COUNCIL, AND PROVIDE AS AN ALTERNATIVE, INSTEAD OF REQUESTING THE INCREASE FROM THE COUNCIL, THE BOARD OF EITHER DISTRICT MAY SEEK APPROVAL OF AN INCREASE BY A REFERENDUM, AND AUTHORIZE EACH BOARD TO ESTABLISH THE MILLAGE LEVEL FOR THE 1987-88 SCHOOL YEAR AT A RATE NOT TO EXCEED THE MILLAGE LEVEL FOR THE 1984-85 SCHOOL YEAR; AND TO DEVOLVE ALL POWERS OF THE RICHLAND COUNTY BOARD OF EDUCATION AND SUPERINTENDENT OF EDUCATION, WHICH WERE DEVOLVED UPON THE RICHLAND COUNTY COUNCIL, UPON THE SCHOOL BOARDS OF RICHLAND COUNTY SCHOOL DISTRICTS ONE AND TWO.
Rep. HEARN proposed the following Amendment No. 2 which was tabled.
Amend as and if amended. To delete Section 2 in its entirety.
Rep. HEARN explained the amendment.
Rep. TOAL spoke against the amendment.
Rep. T.M. BURRISS moved to adjourn debate upon the Bill until Thursday, April 23, 1987.
Rep. TOAL moved to table the motion.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The motion to table the motion to adjourn debate was agreed to by a division vote of 6 to 5.
Rep. TOAL moved to table the amendment.
Rep. HEARN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Faber McBride Rogers, T. Taylor Toal
Those who voted in the negative are:
Burriss, M.D. Burriss, T.M. Corning Hearn
So, the amendment was tabled.
Reps. T.M. BURRISS, CORNING, HEARN and M.D. BURRISS proposed the following Amendment No. 3, which was tabled.
Amend as and if amended. To amend Section 2, line 42-46 to read as follows:
"May not be increased more than five percent of the district's operating budget for the previous fiscal year unless the increase is approved by the Richland County Council."
Rep. T.M. BURRISS explained the amendment.
Rep. TOAL moved to table the amendment.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 6 to 5.
Rep. T.M. BURRISS proposed the following Amendment No. 4, which was tabled.
Amend as and if amended. To amend Section 2 line 42 to read as follows:
"May not be increased more than 3% percent of"
Rep. T.M. BURRISS explained the amendment.
Rep. T. ROGERS moved to table the amendment.
Rep. HEARN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Faber McBride Rogers, T. Taylor Toal
Those who voted in the negative are:
Burriss, M.D. Burriss, T.M. Corning Evatt Hearn
So, the amendment was tabled.
Rep. McBRIDE moved immediate cloture on the entire matter.
Rep. HEARN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Faber McBride Rogers, T. Taylor Toal
Those who voted in the negative are:
Burriss, M.D. Burriss, T.M. Corning Evatt Hearn
So, immediate cloture was ordered.
Rep. T.M. BURRISS moved to adjourn debate upon the Bill until Friday, April 24, 1987.
Rep. TOAL moved to table the motion to adjourn debate.
Rep. HEARN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Faber McBride Rogers, T. Taylor Toal
Those who voted in the negative are:
Burriss, M.D. Burriss, T.M. Corning Evatt Hearn
So, the motion to table the motion to adjourn debate was agreed to.
Rep. FAIR moved that the House recede until 2:00 P.M.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bradley, J. Bradley, P. Brown, H. Burriss, M.D. Cork Corning Dangerfield Harris, P. Hearn Mappus Rhoad Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Baxley Beasley Blanding Boan Brown, G. Brown, J. Burriss, J.H. Burriss, T.M. Chamblee Cooper Davenport Day Edwards Elliott Faber Fair Felder Ferguson Foxworth Gentry Gilbert Harris, J. Harvin Hawkins Hayes Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Lockemy Martin, D. Martin, L. Mattos McBride McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Neilson Nettles Ogburn Pearce Petty Phillips, L. Rogers, J. Rogers, T. Rudnick Russell Sharpe Sheheen Shelton Simpson Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White
So, the House refused to adjourn.
The question then recurred to the motion that the House recede until 2:00 P.M., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments, immediate cloture having been ordered.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. WILLIAMS a temporary leave of absence to attend a Hunger and Nutrition Committee Hearing.
Debate was resumed on the following Bill, the pending question being the consideration of amendments, immediate cloture having been ordered.
H. 2795 -- Richland County Delegation: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT PRIOR TO ANY MERGER OR ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY A REFERENDUM IN EACH SCHOOL DISTRICT MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE MERGER OR ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT FAVOR THEIR MERGER OR ALTERATION, AND PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM; TO AMEND ACT 280 OF 1979, RELATING TO TAX LEVIES FOR LEXINGTON AND RICHLAND COUNTY SCHOOLS, SO AS TO PROVIDE THAT EFFECTIVE WITH THE FISCAL YEAR BEGINNING JULY 1, 1988, A SCHOOL TAX LEVY FOR GENERAL OPERATING PURPOSES FOR RICHLAND COUNTY SCHOOL DISTRICTS ONE AND TWO MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE DISTRICTS, PROVIDE THAT THE LEVY MAY NOT BE INCREASED MORE THAN FIVE PERCENT OF THE LOCAL TAX MILLAGE FOR OPERATING PURPOSES FROM THE PREVIOUS FISCAL YEAR UNLESS THE INCREASE IS APPROVED BY THE RICHLAND COUNTY COUNCIL, AND PROVIDE AS AN ALTERNATIVE, INSTEAD OF REQUESTING THE INCREASE FROM THE COUNCIL, THE BOARD OF EITHER DISTRICT MAY SEEK APPROVAL OF AN INCREASE BY A REFERENDUM, AND AUTHORIZE EACH BOARD TO ESTABLISH THE MILLAGE LEVEL FOR THE 1987-88 SCHOOL YEAR AT A RATE NOT TO EXCEED THE MILLAGE LEVEL FOR THE 1984-85 SCHOOL YEAR; AND TO DEVOLVE ALL POWERS OF THE RICHLAND COUNTY BOARD OF EDUCATION AND SUPERINTENDENT OF EDUCATION, WHICH WERE DEVOLVED UPON THE RICHLAND COUNTY COUNCIL, UPON THE SCHOOL BOARDS OF RICHLAND COUNTY SCHOOL DISTRICTS ONE AND TWO.
Rep. T.M. BURRISS moved to table the Bill.
Rep. TOAL demanded the yeas and nays.
Rep. J. BRADLEY raised the Point of Order that time had expired for the consideration of contested local bills.
Rep. TOAL argued that the House had recurred to the morning hour, therefore time had not expired.
The SPEAKER stated that under Rule 6.3, Section 14(e), ten minutes was allotted for the consideration of local contested bills on second reading and ten minutes for local contested bills on third reading, that the time did start again once the House had recurred to the morning hour and the bill came up for consideration again, however that ten minutes had expired, and the Bill was no longer before the House for consideration. He therefore sustained the Point of Order.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 9.
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. Blanding Bradley, J. Brown, J. Chamblee Clyborne Faber Ferguson Gentry Gilbert Gregory Hayes Holt Johnson, J.C. Johnson, J.W. Kohn Limehouse Mattos McBride McEachin McLeod, E.B. McTeer Nettles Rhoad Rice Rogers, J. Sheheen Shelton Toal Tucker Waldrop Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Barfield Beasley Bennett Bradley, P. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Cooper Dangerfield Day Evatt Fair Foxworth Harris, P. Haskins Hawkins Hearn Hendricks Kirsh Klapman Mappus Martin, D. Martin, L. McAbee McGinnis McLellan Nesbitt Pearce Petty Simpson Thrailkill Wells Wilder
So, the House refused to table the Bill.
Rep. L. MARTIN moved to commit the Bill to the Committee on Labor, Commerce and Industry, retaining its place on the Calendar.
Rep. GREGORY moved to table the motion to commit.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bailey, K. Blanding Bradley, J. Brown, J. Chamblee Clyborne Faber Ferguson Gentry Gilbert Gregory Hayes Holt Huff Johnson, J.C. Johnson, J.W. Kohn Mattos McBride McEachin McLeod, E.B. Nettles Rice Rogers, J. Rogers, T. Sheheen Toal Tucker Waldrop Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Barfield Beasley Bennett Bradley, P. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Cooper Dangerfield Day Derrick Elliott Evatt Foxworth Harris, P. Haskins Hearn Hendricks Kay Kirsh Klapman Mappus Martin, D. Martin, L. McAbee McGinnis McLellan McTeer Nesbitt Pearce Petty Phillips, L. Rhoad Shelton Simpson Taylor Thrailkill Wells Wilder
So, the House refused to table the motion to commit.
The question then recurred to the motion 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. 2483 -- Labor, Commerce and Industry Committee: A BILL TO REQUIRE ALL EMPLOYERS TO ASSIST THEIR INSURERS OR CARRIERS IN PROCESSING CLAIMS ARISING UNDER TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, (THE WORKERS' COMPENSATION LAW) INCLUDING THE FILING OF A REPORT BY EMPLOYERS WITH THEIR INSURERS; TO REQUIRE AN INSURER OR SELF-INSURED EMPLOYER TO SEND NOTICE OF DENIAL OF A COMPENSABILITY CLAIM UNDER TITLE 42 TO EACH PROVIDER OF MEDICAL SERVICES AND TO ANY PROVIDER OF HEALTH INSURANCE FOR THE INJURED WORKER, AND PROVIDE FOR A PROCEDURE FOR RESOLVING THE SAME; TO PROVIDE A METHOD WHEREBY THE PARTIES WHO ARE IN DISAGREEMENT OVER THE COMPENSABILITY OF A CLAIM UNDER TITLE 42 MAY BY AGREEMENT MAKE A DISPOSITION OF THE CLAIM AS IS CONSIDERED REASONABLE; AND TO PROVIDE THAT "COMPENSATION" UNDER THIS ACT INCLUDES ALL BENEFITS, INCLUDING MEDICAL SERVICES, PROVIDED FOR A COMPENSABLE INJURY TO A SUBJECT WORKER OR THE WORKER'S BENEFICIARIES BY A DIRECT RESPONSIBILITY EMPLOYER.
Rep. L. MARTIN explained the Bill.
The SPEAKER granted Rep. MOSS a leave of absence for the remainder of the day due to illness.
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:
Bailey, K. Baxley Beasley Blanding Bradley, J. Brown, G. Chamblee Felder Ferguson Gentry Gilbert Gregory Harvin Huff Johnson, J.C. Johnson, J.W. Keyserling Kohn Limehouse Lockemy Martin, D. Mattos McEachin Neilson Nettles Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Toal Tucker Waldrop Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Bennett Boan Bradley, P. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cooper Cork Dangerfield Davenport Day Derrick Elliott Evatt Fair Foxworth Harris, P. Haskins Hawkins Hayes Hearn Hendricks Holt Jones Kay Kirsh Klapman Mappus Martin, L. McAbee McCain McGinnis McLellan McLeod, E.B. McTeer Nesbitt Pearce Petty Phillips, L. Sharpe Simpson Snow Thrailkill Townsend Wells
So, the House refused to continue the Bill.
Rep. J. BRADLEY moved to commit the Bill to the Committee on Labor, Commerce and Industry.
Rep. L. MARTIN moved to table the motion to commit 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. Altman Bailey, G. Baker Barfield Boan Bradley, P. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Fair Foxworth Harris, P. Hawkins Hayes Hearn Hendricks Jones Kirsh Klapman Mappus Martin, L. McAbee McCain McGinnis McLeod, E.B. McTeer Neilson Nesbitt Pearce Petty Phillips, L. Sharpe Simpson Snow Thrailkill Townsend Wells Wilder
Those who voted in the negative are:
Arthur Bailey, K. Baxley Beasley Bradley, J. Brown, G. Brown, J. Chamblee Felder Ferguson Gentry Gilbert Gregory Harvin Holt Huff Johnson, J.C. Johnson, J.W. Keyserling Kohn Limehouse Lockemy Martin, D. Mattos McEachin McElveen Nettles Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Taylor Toal Tucker Waldrop Washington Whipper White
So, the motion to table the motion to commit was agreed to.
Rep. FELDER spoke against the Bill.
Rep. J. BRADLEY raised the Point of Order that the member's remarks were relative to personalities, which is prohibited by the House Rules.
The SPEAKER cautioned the member to confine his remarks to the question under consideration.
Rep. FELDER continued speaking.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were not ordered.
The House refused to adjourn by a division vote of 13 to 57.
Rep. FELDER continued speaking.
Rep. J. ROGERS spoke against the Bill and moved to continue the Bill, which was agreed to by a division vote of 46 to 27.
The following Bill was taken up.
H. 2484 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF THE STATE WORKERS' COMPENSATION FUND AND ITS DIRECTOR, SO AS TO, AMONG OTHER THINGS, DELETE THE PROVISION THAT THE DIRECTOR SERVES FOR A TERM OF SIX YEARS WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE THAT HE IS DIRECTLY RESPONSIBLE TO THE GOVERNOR WHO HAS THE POWER TO REMOVE HIM FOR CAUSE, REQUIRE THE DIRECTOR TO PROVIDE QUARTERLY MANAGEMENT REPORTS TO THE GOVERNOR, PROVIDE THAT THESE REPORTS ALSO MUST BE MADE AVAILABLE TO STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, WITH JURISDICTION, IF REQUESTED, AND REQUIRE THE DIRECTOR TO SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY ANNUALLY; AND TO AMEND SECTION 8-17-370, RELATING TO GROUPS EXEMPTED FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO INCLUDE THE ATTORNEYS OF THE STATE WORKERS' COMPENSATION FUND.
Rep. TOAL proposed the following Amendment No. 1.
Amend as and if amended, by striking Section 2 of the bill.
Amend title to conform.
Rep. TOAL explained the amendment.
Rep. L. MARTIN raised the Point of Order that the member's remarks were violative of Rule 3.6, by referring to personalities.
The SPEAKER stated that Rule 3.6 prohibited remarks which were disrespectful to the House, Senate and all personalities, that the member's remarks were not disrespectful, and he overruled the Point of Order.
Rep. J. BRADLEY moved to continue 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 Beasley Blanding Bradley, J. Brown, G. Brown, J. Chamblee Cooper Day Felder Ferguson Gentry Gilbert Gregory Harvin Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Limehouse Lockemy Martin, D. Mattos McBride McEachin McElveen McLeod, E.B. McTeer Nettles Rice Rogers, T. Rudnick Sheheen Shelton Short Toal Townsend Tucker Waldrop Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Boan Bradley, P. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Dangerfield Davenport Derrick Elliott Evatt Foxworth Harris, J. Hawkins Hayes Hearn Hendricks Kirsh Klapman Koon Mappus Martin, L. McCain McGinnis McLellan Nesbitt Ogburn Pearce Petty Simpson Taylor Thrailkill Wells Wilder
So, the Bill was continued.
Rep. CORK moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bradley, J. Bradley, P. Carnell Clyborne Cork Corning Evatt McAbee
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blanding Boan Brown, G. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cooper Dangerfield Davenport Day Derrick Elliott Faber Felder Ferguson Foxworth Gentry Gilbert Gregory Harris, J. Harvin Hawkins Hayes Hearn Hendricks Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Ogburn Petty Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Simpson Snow Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper Wilkins
So, the House refused to adjourn.
The following Bill was taken up.
H. 2210 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTION 4-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO CONDUCT REFERENDA TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE REFERENDA TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS, AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.
Rep. WILKINS explained the Bill.
Rep. SHELTON moved to continue the Bill.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, K. Barfield Blanding Bradley, J. Burriss, J.H. Chamblee Cooper Cork Corning Dangerfield Elliott Ferguson Foxworth Gilbert Harris, J. Hendricks Holt Jones Kay Kirsh Klapman Mappus Martin, D. Martin, L. Mattos McBride Neilson Nesbitt Ogburn Rice Shelton Townsend Tucker Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Altman Arthur Bailey, G. Baker Baxley Boan Bradley, P. Brown, J. Brown, R. Burriss, M.D. Clyborne Davenport Derrick Gregory Harvin Haskins Hawkins Huff Johnson, J.C. Johnson, J.W. Keyserling Koon Lockemy McAbee McCain McEachin McElveen McGinnis McLeod, E.B. McTeer Nettles Pearce Petty Rhoad Rogers, T. Rudnick Sharpe Sheheen Short Simpson Snow Thrailkill Toal Wells Wilder Wilkins
So, the House refused to continue the Bill.
Reps. J.C. JOHNSON and FELDER proposed the following Amendment No. 1 (Doc. No. 3458Y), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2, page 2, lines 1 and 2, and inserting:
/SECTION 2. The 1976 Code is amended by adding:
"Section 4-9-15. (A) After approval of the qualified electors of a county voting in a referendum, the governing body of a county which elects its members from single-member districts shall add, by ordinance, an additional member of the governing body who shall serve as chairman. He must be elected from the county at large.
(B) The referendum may be called by resolution of the governing body of the county or by a fifteen percent petition of the qualified electors of the county presented to the county governing body. None of the signatures on the petition may be older than six months. The governing body of the county shall call a referendum not later than ninety nor earlier than thirty days after council action or receipt of the petition.
(C) Notice of the referendum must be published in a newspaper of general circulation in the county at least thirty days prior to the referendum.
(D) If the results of the referendum are favorable, the governing body of the county shall call for an election to be conducted at the time of the general election to elect an additional member of the governing body as provided in the ordinance as authorized in subsection (A).
(E) The term of any additional member elected under the provisions of this section must be the same length as those members serving on the governing body at the time the election is held.
(F) All costs associated with conducting the referendum or election, or both, provided for in this section must be borne by the affected county.
(G) Any county adding an additional member to the governing body as provided in this section and who changes its method of election from at large to electing its members from defined single member election districts pursuant to the provisions of Section 4-9-10(f) may accomplish both changes in one referendum.
(H) The provisions of this section only apply to those counties with populations greater than twenty-five thousand, according to the latest official United States census.
(I) The provisions of this section do not apply to the council-supervisor form of county government provided for in Article 5 of Chapter 9 of Title 4."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. J.C. JOHNSON explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. MATTOS demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 49 to 10.
Rep. J. BRADLEY proposed the following Amendment No. 2, which was adopted.
Amend as and if amended. On page (A-2), Section 1 (f) by deleting item (3) on line 39.
And amend item (4) to read as follows:
(4) Any combination of (1) and (2).
Amend to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted by a division vote of 66 to 2.
The question then recurred to the passage of the Bill, as amended.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, K. Baker Barfield Baxley Beasley Boan Bradley, P. Brown, G. Brown, J. Brown, R. Burriss, M.D. Carnell Clyborne Corning Davenport Derrick Elliott Fair Ferguson Harvin Haskins Hayes Hearn Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Limehouse Lockemy Mappus Martin, L. McAbee McBride McCain McEachin McElveen McGinnis McLeod, E.B. McTeer Neilson Nesbitt Nettles Petty Rhoad Rogers, T. Rudnick Sharpe Sheheen Simpson Snow Taylor Thrailkill Toal Townsend Tucker Wells Wilder Wilkins
Those who voted in the negative are:
Aydlette Bailey, G. Blanding Bradley, J. Chamblee Felder Foxworth Gilbert Kirsh Klapman Koon Martin, D. Mattos Rice Shelton Washington Whipper White
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to reconsider the vote whereby the Bill was given a second reading.
Rep. J.W. JOHNSON moved to table the motion, which was agreed to.
The following was received.
Columbia, S. C., April 8, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 275:
S. 275 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BLIND PERSONS, ORPHANS, AND BOY AND GIRL SCOUTS BEING EXEMPT FROM HUNTING AND FISHING LICENSE REQUIREMENTS UNDER CERTAIN CONDITIONS, SO AS TO INCLUDE MENTALLY RETARDED PERSONS WITHIN THE PROVISIONS OF THIS SECTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 8, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Peeler, Martin and Lee of the Committee of Conference on the part of the Senate on S. 98:
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, AND SIMILAR DEVICES, SO AS TO ADD SMOKE BOMBS AND SIMILAR DEVICES; TO PROVIDE THAT THE USE OF SUCH A DEVICE WHICH MAY INFLICT INJURY OR CAUSE FEAR SUFFICIENT TO INCITE A RIOT OR CONDITIONS OF PANIC IS UNLAWFUL; TO ADD STADIUMS AND ARENAS AND SIMILAR STRUCTURES AS LOCATIONS WHERE THE USE OF THE DEVICES ARE UNLAWFUL; TO INCREASE THE PENALTIES FOR VIOLATIONS FROM IMPRISONMENT FOR NOT MORE THAN ONE YEAR AND A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH, TO IMPRISONMENT FOR NOT MORE THAN FIVE YEARS OR A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS, OR BOTH; AND TO PROVIDE THAT THE COURT MAY ORDER ALL OR A PORTION OF A FINE TO BE PAID TO PERSONS INJURED AS A RESULT OF THE VIOLATION TO RECOVER NECESSARY MEDICAL EXPENSES.
Very respectfully,
President
No. 3
Received as information.
The SPEAKER granted Rep. BAXLEY a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 2535 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NOTICE OF ACCIDENT MUST BE GIVEN TO THE EMPLOYER IN WORKERS' COMPENSATION MATTERS, SO AS TO PROVIDE THAT ANY WAIVER OF THE NOTICE REQUIREMENT BY THE WORKERS' COMPENSATION COMMISSION MUST BE DOCUMENTED IN THE CASE FILE, TO REQUIRE RECORDATION OF THE NECESSARY AND SALIENT FACTS JUSTIFYING THE WAIVER OF NOTICE, TO REQUIRE THE WAIVER OF NOTICE TO BE SIGNED BY THE COMMISSIONER APPROVING IT, AND TO REQUIRE THE COMMISSION TO ESTABLISH AND PUBLISH GUIDELINES TO BE FOLLOWED IN THE CONSIDERATION OF WHETHER OR NOT TO WAIVE THE NOTICE REQUIREMENT.
Rep. L. MARTIN explained the Bill.
The question then recurred to the passage of the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Beasley Blanding Boan Bradley, J. Bradley, P. Brown, C. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Corning Dangerfield Davenport Derrick Edwards Elliott Faber Fair Felder Ferguson Foxworth Gregory Harris, J. Harvin Haskins Hawkins Hayes Hearn Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Ogburn Pearce Petty Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Snow Thrailkill Toal Townsend Tucker Washington Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2536 -- Labor, Commerce and Industry Committee: A BILL TO PROHIBIT ANY ATTEMPT BY A PHYSICIAN OR OTHER PERSON CHARGED WITH RATING PHYSICAL IMPAIRMENTS UNDER THE WORKERS' COMPENSATION LAW (TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976) TO DEVISE OR DETERMINE, OR TO SUBSTITUTE FOR THE IMPAIRMENT RATING, A DISABILITY RATING; AND TO REQUIRE PHYSICAL IMPAIRMENT RATINGS TO FOLLOW AND BE IN ACCORDANCE WITH SOME COMPETENT AND RECOGNIZED STANDARD OR GUIDE FOR THE RATING OF IMPAIRMENTS AS PRESCRIBED BY THE WORKERS' COMPENSATION COMMISSION.
Rep. L. MARTIN explained the Bill.
Rep. GREGORY proposed the following Amendment No. 1 (Doc. No. 2577Y ), which was adopted.
Amend the bill, as and if amended, in Section 1 by striking /or other person/ which begins on line 33 of page 1 and by inserting immediately after /rating/ as contained on line 37 of page 1 the following:
/, provided, that nothing in this section may be construed as prohibiting a physician from assessing an individual's ability to engage in work related activities or from proscribing work related activities which may aggravate or worsen the individual's medical condition/.
Amend title to conform.
Rep. GREGORY explained the amendment.
The amendment was then adopted.
Rep. GREGORY spoke against the Bill.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. McTEER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The question then recurred to the motion that the House do now adjourn.
Rep. L. MARTIN demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 48 to 27.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. GREGORY having the floor.
The Senate returned to the House with concurrence the following:
H. 2823 -- Rep. Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE DIRENE THOMAS, OF BARNWELL COUNTY, AN OUTSTANDING GUARD ON THE BLACKVILLE-HILDA HIGH SCHOOL "LADY HAWKS" BASKETBALL TEAM ON THE OCCASION OF HER RECEIVING THE CONVERSE ALL AMERICAN AWARD AND THE ASSOCIATED PRESS'S PLAYER OF THE YEAR AWARD IN SOUTH CAROLINA.
H. 2824 -- Rep. Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE THE BLACKVILLE-HILDA "LADY HAWKS" BASKETBALL TEAM, OF BARNWELL COUNTY, ON WINNING THEIR SECOND STRAIGHT CLASS A CHAMPIONSHIP AND COACH FARRELL ZISSETTE ON BEING SELECTED AS THE ASSOCIATED PRESS GIRLS' HIGH SCHOOL BASKETBALL COACH OF THE YEAR IN SOUTH CAROLINA.
H. 2826 -- Reps. Stoddard, Foxworth, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 6, 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.
H. 2827 -- Rep. McTeer: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. BESS DOWLING WARE OF VARNVILLE IN HAMPTON COUNTY ON HER SELECTION AS SOUTH CAROLINA MOTHER OF THE YEAR.
H. 2843 -- Rep. G. Bailey: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR FRIEND AND COLLEAGUE, SENATOR JOHN W. MATTHEWS, JR., OF ORANGEBURG COUNTY ON BEING HONORED FOR HIS SERVICE IN THE CAUSE OF HELPING MENTALLY RETARDED SOUTH CAROLINIANS BY HAVING THE ADULT DEVELOPMENTAL CENTER IN BAMBERG COUNTY NAMED FOR HIM.
H. 2844 -- Rep. Gordon: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. VIRGIL DIMMERY, A CIVIL RIGHTS ACTIVIST OF KINGSTREE, WILLIAMSBURG COUNTY, UPON HIS DEATH.
At 4:15 P.M. the House in accordance with the motion of Rep. J. BRADLEY adjourned to meet at 9:55 A.M. tomorrow.
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