Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:55 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God of all wisdom, always sensitive to every human need, inspire us with a greater realization and appreciation of Your presence. Undergird us always with Your sustaining strength, and especially as we travel through the shadows of doubt and despair which of ourselves would mean defeat. The constant awareness of Your presence can lift our hearts and minds out of the darkest fears and lead us in to the light of security and peace. Make of us builders of highways of concord to make rough places smooth and deep ruts level, and constructors of bridges of understanding to span chasms over which glad feet shall pass to a world of happiness.
In the Name of our Lord we 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.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The Reading Clerk of the House read the following House Resolution:
H. 2721 -- Reps. Foster, Kirsh, Hayes and Nesbitt: A HOUSE RESOLUTION INVITING MARTHA K. PIPER, PRESIDENT OF WINTHROP COLLEGE, STAFF, AND GUESTS TO ATTEND A PRESENTATION OF ITS CHORAL ENSEMBLE TO THE HOUSE OF REPRESENTATIVES IN THE HOUSE CHAMBER, ON THE OCCASION OF THE COLLEGE'S CENTENNIAL CELEBRATION, ON THURSDAY, APRIL 9, 1987, AT 10:00 A.M.
The distinguished party was escorted to the rostrum by Reps. FOSTER, NESBITT, HAYES, KIRSH and NEILSON.
The SPEAKER recognized Rep. FOSTER who introduced the honored guest as follows:
"Today is Winthrop Day in South Carolina. It is a day for honoring an outstanding institution, its alumni and their countless contributions to the quality of life in our great state.
It is a sincere pleasure on behalf of the York County Delegation for me to introduce to the House some very special guests from Winthrop. We have with us today Winthrop President Martha Kime Piper, members of the Winthrop College Board of Trustees, and other representatives of the College, among whom we are pleased to see both current students and alumni.
Throughout its rich heritage, Winthrop has touched the lives of many of our state's citizens. Through its academic programs, its alumni, and through its tradition of service, Winthrop College has distinguished itself as an invaluable asset to South Carolina.
Winthrop has produced numerous community leaders, business leaders, leaders in the arts, education, law, health, and government leaders at both state and local levels. Seven Winthrop alumni have served the people of South Carolina in the House and Senate, please join us as we honor those present here today. Ms. Virginia Gourdin, who served in the House of Representatives from 1959-1963; Mrs. Ruth Williams Cupp, who served in the House of Representatives in 1964; and Mrs. Denny Neilson, who is currently serving in the House of Representatives, and was first elected in 1984. Mary Gordon Ellis was the first woman elected to the South Carolina Legislature, and today we welcome her daughter, Ms. Elizabeth Ellis Taylor."
The Winthrop College Chorale, conducted by Dr. Robert Edgerton, then presented a musical program including the Winthrop College Alma Mater, "The Seasons of Man", "Maybe God is Tryin' to Tell You Somethin"', and "America the Beautiful".
Upon the conclusion of the presentation, the Winthrop College party retired from the Chamber.
The following was received.
April 8, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives
Dear Mrs. Shealy:
The State Board of Medical Examiners is hereby withdrawing Regulation No. 801 for the purpose of removing Sections 81-80 and 81-90 which relate to licensure by examination and licensure by endorsement.
The Board is simultaneously resubmitting Section 81-100 relating to physician's assistants, which was also included in Regulation No. 801.
These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The Senate returned to the House with amendments the following:
H. 2201 -- Reps. Tucker and Huff: A BILL TO AMEND SECTION 56-5-2945, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONY DUI, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
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. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 171 -- Senators Leatherman, Courson, Drummond, Fielding, Garrison, Hayes, Land, Lee, Lourie, Mitchell, Peeler, Pope, Powell, Saleeby, Nell W. Smith and Thomas E. Smith, Jr.: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT SYSTEMS, BY ADDING CHAPTER 17 SO AS TO ESTABLISH AN OPTIONAL RETIREMENT PROGRAM FOR THE PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 269 -- Senators Giese and Peeler: A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1982, 1983, 1984, 1985, 1986, AND 1987 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1987.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 311 -- 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 9-11-55 SO AS TO PROVIDE THAT MEMBERS OF THIS SYSTEM ARE ENTITLED TO CREDIT FOR PRIOR SERVICE TO THE STATE OF SOUTH CAROLINA IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM ARE ENTITLED TO CREDIT FOR THE SAME TYPE OF PRIOR SERVICE UNDER THAT RETIREMENT SYSTEM.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 456 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO STATE PERSONNEL AND GRIEVANCE COMMITTEE, DESIGNATED AS REGULATION DOCUMENT NUMBER 807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2144 -- Reps. Blackwell, Mattos and M.O. Alexander: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED ENDORSEMENTS ON NOTARY PUBLIC APPLICATIONS, SO AS TO REVISE THE PERSONS WHO ARE REQUIRED TO MAKE THESE ENDORSEMENTS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2528 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-957, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT ORDERS IN PATERNITY CASES, SO AS TO AUTHORIZE THE COURT TO ORDER THE NATURAL FATHER TO PAY THE ATTORNEY'S FEES OF THE PARTY BRINGING THE ACTION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 100 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 56-5-2945, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OFFENSE OF CAUSING BODILY INJURY OR DEATH WHILE DRIVING A VEHICLE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE A MANDATORY THREE-YEAR DRIVER'S LICENSE SUSPENSION OF A PERSON CONVICTED OF THE OFFENSE.
Ordered for consideration tomorrow.
The following was introduced:
H. 2845 -- Ways and Means Committee: A HOUSE RESOLUTION TO CREATE AND PROVIDE FOR A COMMITTEE TO STUDY MOTOR FUEL MARKETING PRACTICES.
The Resolution was ordered placed on the Calendar.
The following was introduced:
H. 2846 -- Reps. Snow, Gordon and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE RUFUS B. LAWRIMORE OF HEMINGWAY IN WILLIAMSBURG COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2847 -- Reps. Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper, Winstead, M.O. Alexander, T.C. Alexander, Altman, Arthur, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Koon, Lewis, Limehouse, Lockemy, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Wells, White, Wilder, Wilkins and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE WESTVACO ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY IN SOUTH CAROLINA AND TO EXPRESS THE SINCERE HOPE THAT THE MUTUALLY BENEFICIAL RELATIONSHIP THAT HAS DEVELOPED OVER THE PAST HALF CENTURY BETWEEN SOUTH CAROLINA AND ITS CITIZENS WITH THE WESTVACO CORPORATION WILL CONTINUE FAR INTO THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2848 -- Rep. Rhoad: A CONCURRENT RESOLUTION TO RECOGNIZE THOMAS L. HUCKS OF LEXINGTON COUNTY FOR HIS MANY YEARS OF LOYAL AND DEDICATED SERVICE WITH THE FARMERS HOME ADMINISTRATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 628 -- Senators Shealy, Setzler and Wilson: A CONCURRENT RESOLUTION CONGRATULATING THE LEXINGTON HIGH SCHOOL CONCERT CHOIR UPON BEING INVITED TO COMPETE IN THE YOUNG AMERICAN NATIONAL INVITATIONAL PERFORMANCE CHOIR FESTIVAL IN LOS ANGELES, CALIFORNIA, APRIL 5-12, 1987, AND WISHING THESE OUTSTANDING STUDENTS GREAT SUCCESS IN THE COMPETITION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 629 -- Senators Wilson, Shealy and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. JANE W. LAWTHER OF LEXINGTON COUNTY FOR HER DISTINGUISHED WORK SINCE 1974 ON BEHALF OF ELEMENTARY SCHOOL GUIDANCE COUNSELORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 630 -- Senators Wilson, Lourie and Matthews: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE HUGH WANNAMAKER PERROW OF CAMERON IN CALHOUN COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 2875 -- Rep. Aydlette: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.2742, RELATING TO SHRIMP AND SHRIMP PERMITS, FOR SECOND READING OR OTHER CONSIDERATION ON APRIL 21, 1987, IMMEDIATELY FOLLOWING THE UNANIMOUS CONSENT PERIOD AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.2742 UNTIL SECOND READING OR OTHER DISPOSITION.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 2876 -- Reps. Mappus, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. DERWOOD L. AYDLETTE, SR., PARENTS OF REPRESENTATIVE WOODY AYDLETTE OF CHARLESTON, ON THEIR FIFTIETH WEDDING ANNIVERSARY.
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. 2849 -- Reps. T.C. Alexander, McLellan, L. Martin, Rice, Hendricks, Cooper, Gregory, Wilder, J.C. Johnson, J.W. Johnson and Mattos: A BILL TO AMEND SECTION 56-5-4100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING SPILLING LOADS ON HIGHWAYS AND REMOVING SPILLED LOADS, SO AS TO LIMIT THE HEIGHT OF LOADS OF ROCK, GRAVEL, STONE, OR OTHER SIMILAR SUBSTANCES ON TRUCKS, TRAILERS, OR OTHER VEHICLES WHEN DRIVEN OR MOVED ON ANY HIGHWAY; TO PROVIDE THAT THE LOAD MUST BE SECURELY COVERED OR THE VEHICLE MUST BE CONSTRUCTED TO PREVENT THE LOAD FROM ESCAPING, AS ALTERNATIVES SO LIMITING THE HEIGHT OF THE LOAD; TO PROVIDE PENALTIES FOR VIOLATIONS OF THE PROVISION REQUIRING PUBLIC HIGHWAYS TO BE CLEANED OF GLASS OR OBJECTS BY OPERATORS OF VEHICLES FROM WHICH THE GLASS OR OBJECTS HAVE FALLEN; AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Education and Public Works.
H. 2850 -- Reps. McAbee, Williams, Carnell, Harvin, Faber, Elliott, Nesbitt, Taylor, Cooper, Blanding, P. Harris, Washington, Rhoad, Beasley, Whipper, Winstead, Gilbert, J. Brown, J. Rogers, Shelton, Gordon, Wells, McGinnis, O. Phillips, Ferguson, Petty, Day, Baxley and Arthur: A BILL TO AMEND SECTIONS 9-9-40, 9-9-60, 9-9-65, AND 9-9-66, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE RETIREMENT AGE UNDER THE SYSTEM FROM SIXTY TO FIFTY-FIVE, AND TO MAKE THE SIMILAR CHANCE IN CERTAIN CROSS-REFERENCED AREAS OF CHAPTER 9 OF TITLE 9.
Referred to Committee on Ways and Means.
H. 2851 -- Reps. E.B. McLeod, G. Brown, Sheheen, Baxley, McElveen and Blanding: A BILL TO AMEND SECTION 44-56-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO INCREASE THE FUND CREATED FOR PERMITTED SITES FROM AN AMOUNT EQUAL TO ONE DOLLAR A TON FOR HAZARDOUS WASTE TO THREE DOLLARS FOR THE PURPOSE OF BEING RETURNED TO THE GOVERNING BODY OF A COUNTY WITH A DISPOSAL FACILITY.
Referred to Committee on Ways and Means.
H. 2852 -- Reps. McElveen, Clyborne, Baker, Hayes and Corning: A BILL TO AMEND ARTICLE 43, CHAPTER 5, OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF TRAFFIC VIOLATIONS, BY ADDING SECTION 56-5-6240 SO AS TO PROVIDE FOR THE CONFISCATION AND FORFEITURE OF A MOTOR VEHICLE DRIVEN BY PERSONS CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE OF DUS, A SECOND OR SUBSEQUENT OFFENSE OF DUI, OR A FIRST OR SUBSEQUENT OFFENSE OF FELONY DUI, TO PROVIDE THE PROCEDURES FOR THIS FORFEITURE AND CONFISCATION, TO PROVIDE FOR A MANNER IN WHICH THE FORFEITED VEHICLE MUST BE SOLD, AND TO PROVIDE FOR THE USE OF THE PROCEEDS FROM THE SALE.
Referred to Committee on Judiciary.
H. 2853 -- Reps. Sharpe, C. Brown, Aydlette, Sturkie, Jones, Hawkins, McGinnis, Petty, Haskins and Koon: A BILL TO REPEAL ARTICLE 37 OF CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.
Referred to Committee on Education and Public Works.
H. 2854 -- Reps. G. Brown, Sturkie, H. Brown, Baker, Fair, Haskins, Koon, Mappus and Short: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE ALLOWED ON THE GROUNDS OF HOMOSEXUALITY.
Referred to Committee on Judiciary.
H. 2855 -- Reps. Aydlette and J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE COMPANIES, BY ADDING SECTION 38-5-220 SO AS TO PROVIDE THAT THE FACE VALUE OF ANY POLICY OF PROPERTY INSURANCE COVERING THE CONTENTS OF AN INSURED IN A DWELLING THAT THE INSURED RENTS AND OCCUPIES AS HIS PRINCIPAL RESIDENCE MUST BE PAID TO THE INSURED IN THE EVENT OF A CLAIM INVOLVING THE TOTAL LOSS OF THE CONTENTS.
Referred to Committee on Labor, Commerce and Industry.
H. 2856 -- Reps. J. Bradley, Ogburn, Holt, Huff, Aydlette, Rudnick, Neilson, Davenport, Moss and Day: A BILL TO AMEND ARTICLE 5, CHAPTER 37, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RISK CLASSIFICATION PLANS AND CERTAIN INSURERS BEING REQUIRED TO WRITE AUTOMOBILE INSURANCE, BY ADDING SECTION 38-37-315 SO AS TO PROVIDE THAT THE AUTHORIZED AGENTS FOR THESE INSURERS SHALL POST IN THEIR OFFICE OR PLACE OF BUSINESS A SIGN CONTAINING LANGUAGE THAT STIPULATES THAT INSURER AND AGENT MAY NOT REFUSE TO WRITE OR RENEW THAT TYPE OF INSURANCE, THAT TACTICS DESIGNED TO AVOID WRITING OR RENEWING THAT TYPE OF INSURANCE ARE NOT PERMISSIBLE INCLUDING UNREASONABLE DELAYS IN MEETING WITH APPLICANTS, AND THAT VIOLATIONS OF THE ABOVE SHOULD BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER FOR APPROPRIATE ACTION.
Referred to Committee on Labor, Commerce and Industry.
H. 2857 -- Rep. J.C. Johnson: A BILL TO AMEND CHAPTER 31 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS GENERALLY BY ADDING SECTION 33-31-190 SO AS TO PROVIDE QUALIFIED IMMUNITIES FROM CIVIL LIABILITY IN TORT FOR UNCOMPENSATED VOLUNTEERS OF NONPROFIT CHARITABLE ORGANIZATIONS.
Referred to Committee on Judiciary.
H. 2858 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 56-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF APPLICATIONS FOR REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO REQUIRE THESE APPLICATIONS TO CONTAIN CERTAIN INFORMATION REGARDING THE OWNER'S MOTOR VEHICLE LIABILITY INSURANCE.
Referred to Committee on Education and Public Works.
H. 2859 -- Rep. Kohn: A BILL TO AMEND ARTICLE 11, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS CRIMINAL OFFENSES AGAINST PERSONS, BY ADDING SECTION 16-3-1070 SO AS TO PERMIT THE USE OF DEADLY FORCE IN DEFENSE OF HABITATION UNDER CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
H. 2860 -- Reps. Keyserling, Sheheen, Beasley, J. Rogers, M.O. Alexander, Arthur, G. Bailey, K. Bailey, Barfield, Baxley, Bennett, Boan, G. Brown, J. Brown, R. Brown, Carnell, Cooper, Dangerfield, Day, Edwards, Elliott, Faber, Ferguson, Foster, Gentry, Gilbert, Gregory, P. Harris, Harvin, Hayes, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Kay, Kirsh, Lockemy, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McElveen, McGinnis, McKay, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Petty, L. Phillips, Rhoad, Rice, T. Rogers, Rudnick, Shelton, Short, Snow, Stoddard, Taylor, Toal, Townsend, Tucker, Waldrop, Washington, Whipper, White, Wilder, Jones, McLellan, T.C. Alexander and J. Harris: A BILL TO AMEND SECTIONS 7-9-70 AND 7-13-351, BOTH AS AMENDED, 7-11-30, AND 7-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT STATE AND COUNTY CONVENTIONS DURING A GENERAL ELECTION YEAR TO NOMINATE CANDIDATES FOR PUBLIC OFFICE MUST BE HELD NO LATER THAN THE SECOND TUESDAY IN JUNE, TO PROVIDE THAT NOMINEES BY PETITION FOR GENERAL ELECTIONS BE PLACED ON THE BALLOT NO LATER THAN THE SECOND TUESDAY IN JUNE, AND TO PROVIDE THAT THE OFFICIAL NUMBER OF REGISTERED ELECTORS FOR NOMINATION BY PETITION IS THE NUMBER REGISTERED IN THE AREA ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE OF ELECTION.
Referred to Committee on Judiciary.
H. 2861 -- Reps. Ogburn, Beasley and J. Rogers: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO GIVE THE COURT JURISDICTION TO REQUIRE PERSONS OBLIGATED TO PAY CHILD SUPPORT TO REPAY THE DEPARTMENT OF SOCIAL SERVICES FOR CERTAIN SUMS EXPENDED OR TO BE EXPENDED BY THE DEPARTMENT FOR THE SUPPORT AND CARE OF THE CHILD.
Referred to Committee on Judiciary.
H. 2862 -- Reps. Wilkins, H. Brown, Tucker, McEachin, Hendricks, G. Brown, Wilder, Nettles, Hayes, Beasley, Huff, J.W. Johnson, Snow, Koon, Moss, Keyserling, Hawkins, J.W. McLeod, Evatt, Felder, Derrick, Gentry, J. Rogers, McKay, Haskins, Ogburn, Cork, Rhoad, Clyborne, Harvin, D. Martin, McElveen and Waldrop: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE QUALIFICATIONS OF SHERIFFS.
Referred to Committee on Judiciary.
H. 2863 -- Rep. Foxworth: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 85 SO AS TO PROVIDE FOR THE DISPOSAL AND TREATMENT OF HAZARDOUS INFECTIOUS WASTE.
Referred to Committee on Agriculture and Natural Resources.
H. 2864 -- Reps. T.M. Burriss and J.H. Burriss: A BILL TO AMEND SECTION 12-7-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF A TAX ON THE TAXABLE INCOME OF INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO REVISE THE RATES, DELETE THE REFERENCES TO PERSONAL EXEMPTION AND ZERO BRACKET AMOUNTS, AND PROVIDE THAT THESE AMENDMENTS TAKE EFFECT FOR ALL TAX YEARS BEGINNING AFTER DECEMBER 31, 1986.
Referred to Committee on Ways and Means
H. 2865 -- Reps. J.H. Burriss and T.M. Burriss: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND LICENSE FEES FOR PRIVATE PASSENGER-CARRYING VEHICLES, SO AS TO DECREASE THE ANNUAL REGISTRATION FEE FROM FIFTEEN TO TEN DOLLARS FOR PERSONS SIXTY-FIVE YEARS OF ACE OR OLDER ON ANY PROPERTY-CARRYING VEHICLE WITH A CROSS WEIGHT OF FIVE THOUSAND POUNDS OR LESS.
Referred to Committee on Ways and Means.
H. 2866 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 39-57-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUSINESS OPPORTUNITY SALES ACT, SO AS TO REVISE THE DEFINITION OF "BUSINESS OPPORTUNITY" AND TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS DEFINITION.
Referred to Committee on Labor, Commerce and Industry.
H. 2867 -- Ways and Means 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.
Without reference.
H. 2868 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 12-7-2416, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHECK-OFF CONTRIBUTION FOR THE CHILDREN'S TRUST FUND APPEARING ON THE STATE INDIVIDUAL TAX RETURN, SO AS TO REQUIRE THE CHECK-OFF ON ALL STATE INCOME TAX RETURNS AND TO DELETE THE REFERENCES TO THE SPECIFIC LANGUAGE OF THE CHECK-OFF APPEARING ON THE RETURN.
Referred to Committee on Ways and Means.
H. 2869 -- Reps. Sheheen, J. Rogers, Dangerfield, Hawkins, McLellan, Pearce, L. Phillips, Toal and Wilkins: A BILL TO AMEND CHAPTER 27 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GASOLINE TAXES, BY ADDING ARTICLE 13 SO AS TO IMPOSE ADDITIONAL TAXES ON THE SALE OF GASOLINE, PROVIDE FOR AN ADDITIONAL CREDIT FOR CERTAIN FUEL PURCHASES IN THE STATE, PROVIDE FOR THE DISTRIBUTION AND USE OF REVENUE DERIVED FROM THE ADDITIONAL TAX, PROVIDE THAT OF THE PROCEEDS DERIVED FROM THE ADDITIONAL TAXES TEN MILLION DOLLARS MUST BE SEGREGATED IN A SEPARATE ACCOUNT FOR ECONOMIC DEVELOPMENT AND PROVIDE FOR EXPENDITURES FROM THIS ACCOUNT, REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUBMIT A PRIORITY LIST OF PROJECTS TO BE FUNDED UNDER THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, REQUIRE THE DEPARTMENT TO REVIEW THE PRIORITY LIST IN ORDER TO ASCERTAIN THE POSSIBILITY OF CONSTRUCTING TOLL ROADS AND ESTABLISH CRITERIA FOR THEIR CONSTRUCTION, ESTABLISH A COMMITTEE TO MONITOR THE EXPENDITURE OF FUNDS FOR THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, AND TO REQUIRE THE DEPARTMENT TO COOPERATE IN PROVIDING INFORMATION AND ASSISTANCE TO IMPLEMENT THE PROVISIONS OF ARTICLE 13 OF CHAPTER 27 OF TITLE 12.
Referred to Committee on Ways and Means.
H. 2870 -- Rep. T. Rogers: A BILL TO AMEND SECTIONS 58-33-20, 58-33-110, 58-33-120, AND 58-33-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UTILITY SITING AND ENVIRONMENTAL PROTECTION ACT, SO AS TO PROVIDE ADDITIONAL DEFINITIONS, REQUIRE ADDITIONAL INFORMATION OF CERTAIN INVESTOR-OWNED UTILITIES APPLYING TO THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FOR CERTIFICATES OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC CONVENIENCE AND NECESSITY FOR THE CONSTRUCTION OF MAJOR UTILITY FACILITIES, REQUIRE CERTAIN FACILITIES LOCATED OUTSIDE THIS STATE TO UNDERGO CERTIFICATION AND TO REQUIRE THE PUBLIC SERVICE COMMISSION TO MAKE ADDITIONAL FINDINGS AND DETERMINATIONS PRIOR TO ISSUING A CERTIFICATE; TO AMEND THE 1976 CODE BY ADDING SECTION 58-33-165 SO AS TO CONDITION THE CONTINUING VALIDITY OF THE CERTIFICATE UPON THE COST OF A MAJOR UTILITY FACILITY NOT EXCEEDING ONE HUNDRED TWENTY PERCENT OF THE CERTIFICATE APPROVED COST ESTIMATE AND ARTICLE 4 IN CHAPTER 33 OF TITLE 58 SO AS TO PROVIDE A PROCEDURE FOR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO MONITOR CONSTRUCTION COSTS OF MAJOR UTILITY FACILITIES BY MEANS OF SUSPENDING, REVOKING, OR REINSTATING CONSTRUCTION CERTIFICATES BASED ON THE COMPARISON OF ACTUAL COSTS WITH PROJECTED COSTS, AND TO GRANT INCENTIVES WITH RESPECT TO COST RECOVERY AND RATE BASE INCLUSION FOR MAJOR UTILITY FACILITIES MEETING COST PROJECTIONS AND TO PROVIDE FOR REDUCED RATE BASE INCLUSION OF COSTS OF FACILITIES THAT ARE OVER BUDGET, TO PROVIDE FOR COST RECOVERY AND RATE BASE INCLUSION FOR ABANDONED CONSTRUCTION OF MAJOR UTILITY FACILITIES, AND TO PROVIDE FINANCIAL INCENTIVES FOR COVERED UTILITIES TO PURSUE CONSERVATION AND LOAD MANAGEMENT PROGRAMS; AND TO AMEND SECTION 58-33-430, RELATING TO FORECASTS OF ELECTRIC POWER NEEDS SO AS TO REQUIRE CERTAIN INVESTOR-OWNED UTILITIES TO FILE FORECASTS WITH THE PUBLIC SERVICE COMMISSION, DETAIL THE CONTENTS OF THE FORECAST, AND REQUIRE THE PUBLIC SERVICE COMMISSION IN EVEN-NUMBERED YEARS TO CONDUCT HEARINGS AND BY MEANS OF COMPARING UTILITY FORECASTS WITH FORECASTS PREPARED BY THE COMMISSION, ADOPT AN OFFICIAL COMMISSION FORECAST FOR USE IN CONSIDERATION OF APPLICATIONS FOR CERTIFICATES FOR THE CONSTRUCTION OF MAJOR UTILITY FACILITIES.
Referred to Committee on Agriculture and Natural Resources.
H. 2871 -- Rep. L. Martin: A BILL TO AMEND SECTION 16-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DISORDERLY CONDUCT, SO AS TO FURTHER DEFINE THE TERM "PUBLIC PLACE" FOR PURPOSES OF THIS SECTION.
Referred to Committee on Judiciary.
H. 2872 -- Rep. Pearce: A BILL TO AMEND SECTION 2-22-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA JOINT COMMITTEE ON AQUACULTURE, THE COORDINATION OF AQUACULTURE AND MARICULTURE DEVELOPMENT, AND THE ESTABLISHMENT OF AN INTERAGENCY ADVISORY STAFF, SO AS TO INCLUDE THE SOUTH CAROLINA WATER RESOURCES COMMISSION AND THE SOUTH CAROLINA STATE DEVELOPMENT BOARD AMONG THE AGENCIES AND INSTITUTIONS REPRESENTED ON THE INTERAGENCY ADVISORY STAFF.
Referred to Committee on Agriculture and Natural Resources.
H. 2873 -- Rep. J. Rogers: A BILL TO ESTABLISH THE SOUTH CAROLINA MEDICAL TORT CLAIMS COMMISSION CONSISTING OF THREE MEMBERS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY FOR TERMS OF SIX YEARS, PROVIDE THAT THE COMMISSION SHALL HEAR AND RESOLVE ALL MEDICAL TORT CLAIMS AGAINST HEALTH CARE PROVIDERS IN THIS STATE, PROVIDE FOR THE COMMISSION'S ORGANIZATION, POWERS, DUTIES, AND PROCEDURES, INCLUDING THE AWARDING OF DAMAGES FOR ECONOMIC AND NONECONOMIC LOSSES AND, WHEN APPROPRIATE, PUNITIVE DAMAGES WHEN THE COMMISSION FINDS NEGLIGENCE ON THE PART OF THE HEALTH CARE PROVIDER, AND PROVIDE FOR A MISDEMEANOR OFFENSE AND PENALTIES; AND TO ESTABLISH THE SOUTH CAROLINA MEDICAL INDEMNITY FUND FROM WHICH AWARDS FOR DAMAGES RESULTING FROM NEGLIGENCE MUST BE PAID, PROVIDE FOR A FUND DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, PROVIDE THAT THE FUND MUST CONSIST OF ANNUAL ASSESSMENTS ON ALL HEALTH CARE PROVIDERS AND INTEREST EARNED THEREON, AND PROVIDE THAT EXPENSES OF ADMINISTERING THE FUND MAY BE PAID THEREFROM.
Referred to Committee on Judiciary.
H. 2874 -- Reps. McElveen, E.B. McLeod, C. Brown, Blanding and Baxley: A BILL TO AMEND ARTICLE 1, CHAPTER 35, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX, BY ADDING SECTION 12-35-95 SO AS TO PROVIDE THAT THE TERM "RETAILER" FOR PURPOSES OF THE SALES AND USE TAX ALSO INCLUDES A "NONRESIDENT RETAILER", TO DEFINE A NONRESIDENT RETAILER, AND TO PROVIDE FOR THE MANNER IN WHICH THIS NONRESIDENT RETAILER SHALL COLLECT THE TAX IMPOSED AND BE LICENSED AS A RETAILER AS REQUIRED BY THIS CHAPTER.
Referred to Committee on Ways and Means.
S. 536 -- Senators Setzler and Moore: 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.
Referred to Committee on Ways and Means.
S. 553 -- Judiciary Committee: A BILL TO AMEND ARTICLE 3 of CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-325 SO AS TO PROVIDE THAT THE NAME OF ANY CANDIDATE AUTHORIZED TO APPEAR ON ANY BALLOT IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION FOR ANY OFFICE MAY BE THE CANDIDATE'S GIVEN NAME, A DERIVATIVE OF HIS GIVEN NAME, OR A NICKNAME, TO PROVIDE FOR A PROCEDURE FOR THE USE OF A DERIVATIVE NAME OR A NICKNAME ON THE BALLOT, AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS.
Referred to Committee on Judiciary.
S. 616 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 25 OF TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS SO AS TO PROVIDE COMPREHENSIVE LEGISLATION TO REGULATE HEALTH MAINTENANCE ORGANIZATIONS IN THIS STATE.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Bennett Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Taylor 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 9, 1987.
Larry Koon Will McCain David Beasley Terry Haskins Lenoir Sturkie Thomas E. Huff John Felder Gene Stoddard T.W. Edwards James C. Johnson John Russell John D. Bradley
STATEMENT OF ATTENDANCE
Rep. TAYLOR signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 8, 1987.
The SPEAKER granted Rep. THRAILKILL a leave of absence for the day.
Announcement was made that Jack L. Ratliff of Aiken, is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the second time, and ordered to a third reading:
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.
On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 608 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.
S. 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.
S. 466 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 24-3-1120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1.976, 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.
The following Bill was taken up.
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.
Rep. LOCKEMY proposed the following Amendment No. 1 (Doc. No. 3747Y).
Amend the bill, as and if amended, page 3, Section 44-29-90, as contained in SECTION 4, by adding before the last sentence: /When a person is identified as having or being a carrier of AIDS, his known sexual contacts must be notified but the identity of the patient must not be revealed./
Amend further, page 3, Section 44-29-100, as contained in SECTION 5, by adding at the end: /When a prisoner is identified as having AIDS, his known sexual contacts, including his spouse, must be notified upon his release./
Amend further, page 7, SECTION 10, by adding before the quotation marks at the end:
/ Section 44-29-146. A physician or state agency identifying and notifying a spouse or known contact with a person having AIDS is not liable for damages./
Renumber sections to conform.
Amend title to conform.
Rep. LOCKEMY explained the amendment.
Rep. EVATT moved to divide the question into Parts 1A, 1B, and 1C, which was agreed to.
Rep. FAIR made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER overruled the Point of Order,
Rep. LOCKEMY moved to adjourn debate upon Part 1A, which was adopted.
Part 1B was then adopted.
Rep. LOCKEMY moved to reconsider the vote whereby debate was adjourned on Part 1A, which was agreed to.
Rep. EVATT moved to table Part 1A.
Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The House refused to table Part 1A by a division vote of 20 to 38.
The question then recurred to the adoption of Part 1A, which was agreed to.
Rep. LOCKEMY explained Part 1C.
Part 1C was then adopted.
Rep. LOCKEMY explained the Bill.
Rep. FAIR moved to adjourn debate upon the Bill, which was rejected.
Reps. J. ROGERS, TOWNSEND and DAY objected to the Bill.
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 CHANCE THESE REQUIREMENTS FOR QUALIFYING AS A DESIGNATED AGENT.
The motion of Rep. BAXLEY to reconsider the vote whereby Amendment No. 2 was tabled was taken up and agreed to.
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. 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.
Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2216 -- Reps. Edwards, M. n. 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.
Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3630Y), which was adopted.
Amend the resolution, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Funds becoming available as a result of the deletion of the proviso concerning the nursing home lawsuit settlement must be used by the State Health and Human Services Finance Commission to restore the Medicaid reimbursement rates for nursing homes to their original fiscal year 1986-87 level. State funds becoming available as a result of the deletion of the proviso concerning the health maintenance organization pilot project must be used by the Commission to reduce the current deficit in the Medicaid program./
Amend title to conform.
Rep. HELMLY explained the Senate amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
On motion of Rep. HELMLY, with unanimous consent, it was ordered that H. 2333 be read the third time tomorrow.
The following Bill was taken up.
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.
Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Reps. J. ROGERS and TOWNSEND withdrew their objections to H. 2807.
Rep. J. BROWN withdrew his objection to S. 89.
Rep. HOLT withdrew his objection to H. 2072.
Rep. DAY withdrew his objection to H. 2807.
Rep. KOHN withdrew his objection to H. 2374.
Rep. WILKINS asked unanimous consent to recall S. 521 from the Committee on Judiciary.
Rep. KLAPMAN objected.
Rep. WILKINS asked unanimous consent to recall S. 522 from the Committee on Judiciary.
Rep. KLAPMAN objected.
Rep. LIMEHOUSE, with unanimous consent, withdrew his objection to S. 445.
Rep. LIMEHOUSE, with unanimous consent, withdrew his objection to S. 329.
Rep. ARTHUR moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 2877 -- Reps. White, Kirsh and Washington: A BILL TO AMEND SECTION 12-43-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF AGRICULTURAL REAL PROPERTY, MOBILE HOMES, LESSEE IMPROVEMENTS TO REAL PROPERTY, AND TAX COMMISSION REGULATIONS FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT TRACTS OF LAND OVER FIVE ACRES USED IN ANY MANNER AT ANY TIME OR SEASON OF THE YEAR FOR RECREATIONAL PURPOSES AND WATERFRONT LANDS ARE NOT "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF QUALIFYING FOR THE AGRICULTURAL USE ASSESSMENT RATIO, PROVIDE THAT, IF AT LEAST SEVENTY PERCENT, RATHER THAN AT LEAST FIFTY PERCENT, OF A REAL PROPERTY TRACT QUALIFIES AS "AGRICULTURAL REAL PROPERTY", THE ENTIRE TRACT MUST BE SO CLASSIFIED AS LONG AS NO OTHER BUSINESS FOR PROFIT IS BEING OPERATED THEREON, AND REQUIRE THE TAX COMMISSION TO PROMULGATE REGULATIONS DEFINING TRACTS OF LAND USED FOR RECREATIONAL PURPOSES AND WATERFRONT LANDS.
Referred to Committee on Ways and Means.
H. 2878 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-185 SO AS TO PROVIDE FOR EXPEDITED PROCEEDINGS IN CRIMINAL AND FAMILY COURT CASES INVOLVING A CHILD VICTIM; BY ADDING SECTION 19-11-110 SO AS TO PERMIT THE TESTIMONY OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS A VICTIM OR WITNESS IN A SEXUAL OFFENSE CASE BY CLOSED CIRCUIT TELEVISION UNDER CERTAIN CONDITIONS; AND BY ADDING SECTION 19-17-100 SO AS TO PERMIT IN CERTAIN CASES THE TAKING OF A VIDEOTAPE DEPOSITION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF A SEXUAL OFFENSE, TO PROVIDE PROCEDURES TO BE USED IN THESE DEPOSITIONS, AND TO AUTHORIZE THE ADMISSION INTO EVIDENCE OF THIS DEPOSITION AT TRIAL UNDER CERTAIN CONDITIONS.
Without reference.
H. 2879 -- Reps. Blanding, E.B. McLeod and McElveen: A BILL TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE TAX ASSESSOR, SO AS TO REQUIRE THE ASSESSOR TO REPORT REASSESSED VALUES TO THE AUDITOR ON OR BEFORE JUNE THIRTIETH OF EACH YEAR.
Referred to Committee on Ways and Means.
H. 2880 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PENALTIES FOR GAME, BIRD, OR FISH LAWS VIOLATIONS, SO AS TO PROVIDE THAT THE PENALTIES SHALL APPLY TO A VIOLATION OF ANY PROVISION OF TITLE 50 OR ANY REGULATION PROMULGATED BY AUTHORITY OF TITLE 50 FOR WHICH A DIFFERENT PENALTY IS NOT SPECIFIED.
Referred to Committee on Agriculture and Natural Resources.
H. 2881 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MONTHLY REPORTS OF LICENSEES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO SPECIFICALLY REQUIRE THE COMPILATION OF INFORMATION, DATA, RECORDS, AND ACCOUNTS; TO REQUIRE THE REPORTS TO BE MADE TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES; AND TO PROVIDE PENALTIES.
Referred to Committee on Agriculture and Natural Resources.
H. 2882 -- Rep. Foxworth: A BILL TO AMEND SECTIONS 50-9-240 AND 50-9-250, BOTH AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF STATUTES REGULATING HUNTING, SO AS TO ADD SECTION 50-9-135 TO THE STATUTES TO WHICH THE PENALTIES APPLY AND TO PROVIDE THAT JURISDICTION OF VIOLATIONS OF SOME OF THE STATUTES APPLICABLE TO RESIDENT HUNTERS IS IN MAGISTRATES' COURTS ONLY, AND TO AMEND SECTION 50-17-1650, AS AMENDED, RELATING TO TRAWL NETS IN WATERS ADJACENT TO GAME ZONE NOS. 7 AND 9, SO AS TO CHANGE THE PENALTY PROVISIONS TO PROVIDE THAT VIOLATIONS MUST BE TRIED IN MAGISTRATES OR MUNICIPAL COURTS.
Referred to Committee on Judiciary.
H. 2883 -- Rep. Pearce: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT, FOR TAX YEARS BEGINNING AFTER DECEMBER 31, 1987, EVERY BOAT SEVEN YEARS OF AGE AND OLDER, FIFTEEN FEET IN LENGTH AND SMALLER, DESIGNED TO CARRY NO MORE THAN TWO PERSONS, AND POWERED BY A MOTOR OF TWENTY HORSEPOWER OR LESS IS EXEMPT FROM THAT TAXATION.
Referred to Committee on Ways and Means.
Rep. J. ROGERS 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, 1916, 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 Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 2620 -- Rep. Altman: A BILL TO AMEND SECTION 12-39-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DATES AUDITORS' OFFICES ARE TO REMAIN OPEN FOR RECEIPT OF RETURNS SO AS TO CHANGE THE DATES FROM JANUARY FIRST TO MARCH FIRST TO FROM JANUARY FIRST TO APRIL FIFTEENTH.
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.
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.
Rep. SHARPE explained the Joint Resolution.
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 GUILT 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;N' 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.
Rep. TOAL explained the Bill.
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.
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.
Rep. TOAL explained the Bill.
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 PERMIT.
Rep. WILKINS explained the Bill.
H. 2696 -- Reps. Wilkins, J.W. Johnson, Gentry,r 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.
Rep. WILKINS explained the Bill.
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.
Rep. TOAL explained the Bill.
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.
On motion of Rep. SHARPE, with unanimous consent it was ordered that S. 512 be read the third time tomorrow.
On motion of Rep. TOAL, with unanimous consent, it was ordered that H. 2490 be read the third time tomorrow.
The following Bill was taken up.
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.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. KOHN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3435Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Section 24 of Article III of the Constitution of this State be amended to read:
"Section 24. No person shall be is eligible to a seat in the General Assembly while he holds any office or position of profit or trust under this State, the United States of America, or any of them, or under any other power, except officers in the militia, members of lawfully and regularly organized fire departments, constables. and Notaries Public; and if notaries public. If any member shall accept accepts or exercise exercises any of the said disqualifying offices or positions he shall vacate his seat."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 24 of Article III of this State be amended so as to add members of lawfully and regularly organized fire departments and constables as persons who are exempt from the prohibition against members of the General Assembly holding two offices?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. It is proposed that Section 3 of Article VI of the Constitution of this State be amended to read:
"Section 3. No person shall may hold two offices of honor or profit at the same time; provided, that this. This limitation shall does not apply to officers in the militia, notaries public, members of lawfully and regularly organized fire departments, constables, or delegates to a Constitutional Convention."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 3 of Article VI of the Constitution of this State be amended so as to provide that the prohibition against dual officeholding does not apply to members of lawfully and regularly organized fire departments and constables who hold another office?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 5. It is proposed that Section 1A of Article XVII of the Constitution of this State be amended to read:
"Section 1A. Every qualified elector shall be is eligible to any office to be voted for, unless disqualified by age, as prescribed in this Constitution. But no No person shall may hold two offices of honor or profit at the same time: Provided, That but any person holding another office may at the same time be an officer in the Militia militia, member of a lawfully and regularly organized fire department, constable, or a Notary Public; Provided, further, That the notary public. The limitation above set forth 'But no No person shall may hold two offices of honor or profit at the same time,' shall does not apply to the Circuit Judges circuit judges of the State under the circumstances hereinafter stated in this section, but that whenever it shall appear appears that any or all of the Justices of the Supreme Court shall be are disqualified or be otherwise prevented from presiding in any cause, or causes, for the reasons set forth in Section 6 of Article V of the Constitution, the Chief Justice or in his stead the Senior Associate Justice shall when available shall designate the requisite number of Circuit Judges circuit judges for the hearing and determination thereof of the hearing.
Provided, the The limitation above set forth shall does not prohibit any officeholder from being a delegate to a constitutional convention."
SECTION 6. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 1A of Article XVII of the Constitution of this State be amended so as to provide that the prohibition against dual officeholding does not apply to members of lawfully and regularly organized fire departments and constables who hold another office?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the h Joint Resolution, as amended.
Pursuant to the provisions of the Constitution o the yeas and nays were taken on the passage of the h Joint Resolution, 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 Baxley Beasley Bennett Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gregory Harris, J. Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McLeod, E.B. McTeer Neilson Nesbitt Nettles Pearce Petty Phillips, O. Rhoad Rice Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Sturkie Taylor Toal Waldrop Washington Wells Whipper Wilder Wilkins
So, the Joint Resolution having received the necessary two-thirds vote was passed and ordered to third reading.
The following Bill was taken up.
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 A OFFICEHOLDER, BY VIRTUE OF SERVING AS A MEMBER, FOR THE PURPOSES OF THE CONSTITUTION.
Rep. TOAL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. TAYLOR objected to the Bill.
The Bill was then read the second time and ordered to third reading.
The following Bill was taken up.
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.
Rep. HASKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. MATTOS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. TAYLOR made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2639 -- Reps. Helmly, Day, H. Brown, Williams, Holt, Dangerfield, D. Martin, C. 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.
Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. TOAL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 317 -- Senator Drummond: A BILL TO REAUTHORIZE THE BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
Reps. SIMPSON and WILDER objected to the Bill.
The following Bill was taken up.
S. 445 -- Senator Land: A BILL TO AMEND SECTION 50-9-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TEN CONSECUTIVE-DAYS' NONRESIDENT FISHING LICENSE, SO AS TO DECREASE THE FEE FROM TWENTY DOLLARS AND FIFTY CENTS TO ELEVEN DOLLARS.
The Committee on Agriculture and Natural Resources proposed the following Amendment No. 1 (Doc. No. 3490Y), which was adopted.
Amend the bill, as and if amended, in Code Section 50-9-470, as contained in SECTION 1 of the bill, at p. 1, line 34, by striking /five/ and inserting /seven/ so that, when amended, Code Section 50-9-470 shall read:
/"Section 50-9-470. In lieu of obtaining a regular annual nonresident fishing license provided for by Section 50-9-460, a nonresident of this State may procure a temporary nonresident license for the purpose of fishing for game fish or other fish in this State. The temporary license shall authorize authorizes the licensee to fish in any of the waters of this State for a period of ten seven specified consecutive days, in accordance with other regulations provided by law, and the license is valid for the period specified. The fee for the license is twenty eleven dollars and fifty cents. Of this amount one dollar may be retained by the agent selling a license, and the balance must be remitted by the agent to the Division of Came and deposited in the State Treasury in the game protection fund. The department at the end of each calendar year, must at the end of each calendar year, shall credit the Santee-Cooper funds with an amount equal to the sum collected during the calendar year 1956 from the temporary license then in effect for those waters. If there is a general decline in revenue from all sources of the Division of Game, the amount credited may be reduced by the same percentage of the decline."/
Amend title to conform.
Rep. FOXWORTH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested calendar.
Rep. TOAL moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 2885 -- Reps. Koon, Sharpe, Sturkie, Derrick, J.H. Burriss, Klapman and Felder: A CONCURRENT RESOLUTION CONGRATULATING THE LEXINGTON HIGH SCHOOL CONCERT CHOIR UPON BEING INVITED TO COMPETE IN THE YOUNG AMERICAN NATIONAL INVITATIONAL PERFORMANCE CHOIR FESTIVAL IN LOS ANGELES, CALIFORNIA, APRIL 5-12, 1987, AND WISHING THESE OUTSTANDING STUDENTS GREAT SUCCESS IN THE COMPETITION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 2884 -- Reps. Cork, M.D. Burriss, Winstead, Shelton, Day, Holt, Limehouse, Haskins, Corning, Sharpe, Clyborne, Whipper, J. Bradley, Hearn, Evatt and Dangerfield: A BILL TO AMEND SECTION 56-3-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETURN OF CANCELED, SUSPENDED, OR REVOKED REGISTRATION CARDS, LICENSE PLATES, OR REVALIDATION STICKERS, SO AS TO PROVIDE THAT THE CANCELLATION, SUSPENSION, OR REVOCATION OF THESE ITEMS MUST BE ACCOMPLISHED IN WRITING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
Referred to Committee on Education and Public Works.
The following was received. Columbia, S.C., April 9, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:00 Noon today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. TOAL the invitation was accepted.
Rep. G. BROWN moved that upon the completion of the Ratification of Acts, the House stand adjourned.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Brown, G. Burriss, M.D. Burriss, T.M. Carnell Cooper Hearn Helmly Holt Kay McElveen Whipper
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Barfield Baxley Bennett Boan Brown, H. Brown, J. Burriss, J.H. Chamblee Clyborne Cork Corning Dangerfield Davenport Derrick Edwards Elliott Evatt Faber Foster Gilbert Gregory Harris, J. Haskins Hawkins Hayes Hodges Huff Johnson, J.W. Jones Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Russell Sharpe Sheheen Stoddard Taylor Toal Wells Wilder Wilkins
So, the House refused to adjourn upon completion of the Ratification of Acts.
At 12:00 Noon the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R65) S. 569 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 799, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
(R66) S. 422 -- Senators Nell W. Smith and Hayes: AN ACT TO AMEND SECTION 20-7-2376, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR REVIEW OF CASES OF CHILDREN WHO HAVE RESIDED IN PUBLIC FOSTER CARE FOR A PERIOD OF MORE THAN FOUR CONSECUTIVE MONTHS NO LESS FREQUENTLY THAN ONCE EVERY SIX MONTHS; AND TO AMEND SECTION 20-7-2379, RELATING TO THE BOARD OF DIRECTORS FOR REVIEW OF FOSTER CARE, SO AS TO PROVIDE FOR THE SALARY OF THE STAFF EMPLOYED BY THE BOARD'S DIRECTOR.
(R67) S. 465 -- Senator Thomas E. Smith, Jr.: AN ACT 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.
(R68) S. 466 -- Senator Thomas E. Smith, Jr.: AN ACT 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.
At 12:05 P.M. the House resumed, the SPEAKER in the Chair.
The following Bill was taken up.
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.
Rep. J. ROGERS proposed the following Amendment No. 2 (Doc. No. 3825Y), which was adopted.
Amend the bill, as and if amended, in Section 44-29-go of the 1976 Code, as contained in SECTION 4, page 3, line 29, by inserting before /Public/ /The Department of Health and Environmental Control may notify the contacts of those persons infected with Human Immunodeficiency Virus (HIV), the virus which causes AIDS, when in the department's discretion it determines the notification is medically necessary./
Amend title to conform.
Rep. J. ROGERS 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. 2374 -- Reps. Gregory, White and Short: A BILL TO AMEND SECTION 1-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATES FOR THE PROGRAMS AND FUNCTIONS OF CERTAIN STATE AGENCIES, BOARDS, DEPARTMENTS, AND COMMISSIONS, SO AS TO REVISE THESE DATES; AND TO AMEND SECTION 1-20-60, RELATING TO THE METHOD BY WHICH A STATE AGENCY SCHEDULED FOR TERMINATION MAY BE REAUTHORIZED, SO AS TO INCREASE FROM SIX TO TEN YEARS THE MAXIMUM PERIOD FOR WHICH AN AGENCY MAY BE REAUTHORIZED AND TO PROVIDE THAT REAUTHORIZATION IS EFFECTIVE ONLY UPON ENACTMENT OF A JOINT RESOLUTION.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 31, by the Committee on Judiciary.
The amendment was then adopted.
Rep. MAPPUS proposed the following Amendment No. 2 (Doc. No. 3598Y), which was tabled.
Amend the bill, as and if amended, by the Report of the Committee on Judiciary, by striking SECTION 2 of the bill and inserting:
/SECTION 2. Section 1-20-60 of the 1976 Code is amended to read:
"Section 1-20-60. The existence of any state agency that may be scheduled for termination under this chapter may be reauthorized by the General Assembly for periods not to exceed six five years, excluding the year of termination. Reauthorization is effective only upon the enactment of a joint resolution and upon reauthorization the agency is thereafter required in submitting its budget request for the annual general appropriations bill to the Budget and Control Board and the appropriate committees of the General Assembly to submit a detailed analysis by budget classification of the funds required for both its recurring expenses and anticipated additional expenses. It is the intent of this provision that the agency justify all of its recurring expenses for that fiscal year and of any new or additional expenses proposed for the fiscal year if the agency makes a request for new or additional funding. Any newly created regulatory agency or occupational or professional licensing board shall exist for a period not to exceed six year five years, excluding the year of termination, or a lesser period of time, if so designated by the General Assembly at the time of its creation. At the end of such the period, each newly created agency or board shall must be subjected to review pursuant to the provisions of this chapter."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. MAPPUS explained the amendment.
Rep. GREGORY spoke against the amendment.
Rep. SIMPSON spoke in favor of the amendment.
Rep. WILKINS spoke against the amendment.
Rep. GREGORY moved to table the amendment which was agreed to.
Rep. MAPPUS proposed the following Amendment No. 3 (Doc. No. 3598Y), which was adopted.
Amend the bill, as and if amended, by the Report of the Committee on Judiciary, by striking SECTION 2 of the bill and inserting:
/SECTION 2. Section 1-20-60 of the 1976 Code is amended to read:
"Section 1-20-60. The existence of any state agency that may be scheduled for termination under this chapter may be reauthorized by the General Assembly for periods not to exceed six ten years, excluding the year of termination. Reauthorization is effective only upon the enactment of a joint resolution and upon reauthorization the agency is thereafter required in submitting its budget request for the annual general appropriations bill to the Budget and Control Board and the appropriate committees of the General Assembly to submit a detailed analysis by budget classification of the funds required for both its recurring expenses and anticipated additional expenses. It is the intent of this provision that the agency justify all of its recurring expenses for that fiscal year and of any new or additional expenses proposed for the fiscal year if the agency makes a request for new or additional funding. Any newly created regulatory agency or occupational or professional licensing board shall exist for a period not to exceed six year five years, excluding the year of termination, or a lesser period of time, if so designated by the General Assembly at the time of its creation. At the end of such the period, each newly created agency or board shall must be subjected to review pursuant to the provisions of this chapter."/
Renumber sections to conform.
Amend totals and title to conform.
The Bill, as amended, was read the second time m and ordered to third reading.
On motion of Rep. GREGORY, with unanimous consent, it was ordered that H. 2374 be read the third time tomorrow.
Rep. LOCKEMY moved to reconsider the vote whereby the following Bill was given a second reading which was agreed to.
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.
Rep. LOCKEMY moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 329 -- Senator Dennis: A BILL TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO CONSTRUCT A WATER CONTROL STRUCTURE ON BIGGIN CREEK IN THE OLD SANTEE STATE PARK IN BERKELEY COUNTY.
On motion of Rep. HELMLY, with unanimous consent, it was ordered that S. 329 be read the third time tomorrow.
The following Bill was taken up.
S. 89 -- Senator Lourie: A BILL TO AMEND SECTIONS 56-1-460 AND 56-9-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE THE OPERATOR'S LICENSE TO DRIVE IS CANCELLED, SUSPENDED, OR REVOKED, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 2, by the Committee on Judiciary.
The amendment was then adopted.
Rep. AYDLETTE proposed the following Amendment No. 2.
Amend as and if amended, by adding a new section appropriately numbered:
"Nothing in this Bill shall be construed to apply to the offense of driving under suspension when the suspension is for failing to pay a traffic citation."
Rep. KLAPMAN moved to adjourn debate upon the Bill.
Rep. HAYES moved to table the motion.
Reps. HOLT and KLAPMAN objected to the Bill.
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.
Reps. T. ROGERS and GREGORY objected to the Bill.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
The following Concurrent Resolution was taken up.
H. 2765 -- Reps. Harvin, Washington, Beasley, Faber, J.W. McLeod, H. Brown, Nesbitt, Taylor, Williams, Petty and Wells: 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.
Whereas, nationwide studies in recent years have shown an increasing relationship in the rise of television violence and the rise of violent crime in our nation; and
Whereas, television violence is shown to have a particularly pernicious effect on behavior problems of children and young people, which conclusions are concurred in by the Surgeon General of the United States; and
Whereas, violent crime is chiefly on the increase among young people who are the largest percentage of television viewers; and
Whereas, self-policing within an industry is, as it must be expected, usually countered by financial and competitive considerations, including antitrust restraints; and
Whereas, the Federal Communications Commission has performed admirably over the years the duties vested in it by the Congress to restrain harmful and unbridled broadcasting without infringing upon First Amendment rights and is specially qualified to issue guidelines which could reduce or limit the extent of gross television violence which is harmful to the public welfare. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina memorialize 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.
Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Congressional Delegation in Washington, D.C.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
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.
Whereas, the veterans of South Carolina and the United States have rendered distinguished service to our country throughout our nation's history and have truly earned the entitlements which their status as veterans authorizes them; and
Whereas, while it is true that the federal government is currently experiencing high budget deficits and a period of some spending reductions, it would be a travesty for this nation to abrogate its obligation to its deserving veterans; and
Whereas, although the Administrator of Veterans Affairs would not have discretion to increase medical services where the Congress has mandated certain curtailments by law, in other cases curtailments in medical care to veterans are being imposed without a Congressional mandate; and
Whereas, unfortunately, in recent months attempts have been made within the VA to cut back on the level of care provided to veterans in the VA hospitals throughout the country and in some cases to impose fees for medical care previously provided without charge; and
Whereas, many of our veterans, especially those of World War Il and earlier years, are aged, infirm, and in some cases unable to afford the high cost of medical care provided in non-VA hospitals; and
Whereas, the members of the General Assembly, by this resolution, are desirous of expressing their strongest belief that the United States owes its veterans a continued high level of medical care at the VA hospitals throughout the United States without any further cutbacks in the medical services available. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby 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.
Be it further resolved that a copy of this resolution be forwarded to Major General Thomas K. Turnage, United States Administrator of Veterans Affairs.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. LOCKEMY moved to reconsider the vote whereby Amendment No. 2 was adopted on H. 2807 and the motion was noted.
The SPEAKER granted Rep. DAY a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
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. CORNING requested that the Bill be read.
Rep. TOAL inquired whether the time consumed by roll call and division votes and the reading of the Bill would count against the ten minutes allotted for local contested bills.
The SPEAKER stated that the rule provided for ten minutes of debate, so votes and the reading of the Bill would not count against the ten minute time limit.
Rep. T.M. BURRISS stated that Rule 6.3, Section 14(e) provided for ten minutes for consideration of local contested bills, and he inquired whether consideration meant debate on the bill.
The SPEAKER stated that the intent of the Rule was that consideration meant active debate on the Bill.
Rep. CORNING withdrew his request that the Bill be read.
Rep. HEARN moved to table the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Burriss, M.D. Burriss, T.M. Corning Hearn
Those who voted in the negative are:
Brown, J. Evatt Faber McBride Rogers, T. Taylor Toal
So, the House refused to table the Bill.
Rep. T.M. BURRISS moved to continue the Bill.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The House refused to continue the Bill by a division vote of 4 to 7.
Rep. T.M. BURRISS proposed the following amendment No. 5, which was tabled.
Amend as and if amended. To amend Section 2 line 42 to read as follows:
"May not be increased more than 3.5% percent of"
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 Evatt Hearn
So, the amendment was tabled.
Rep. T.M. BURRISS requested that the Bill be read.
Rep. MAPPUS moved that the House do now adjourn which was rejected by a division vote of 33 to 51.
The Reading Clerk read the Bill.
The SPEAKER granted Rep. FELDER a leave of absence for the remainder of the day.
Rep. T.M. BURRISS proposed the following Amendment No. 6, which was tabled.
Amend as and if amended. To amend Section 2 line 42 to read as follows:
"May not be increased more than 4% percent of"
Rep. TAYLOR 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 3.
Rep. T.M. BURRISS proposed the following Amendment No. 7, which was tabled.
Amend as and if amended. To amend Section 2 line 42 to read as follows:
"May not be increased more than 4.5% percent of"
Rep. TAYLOR 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 3.
Rep. HEARN moved to adjourn debate upon the Bill until Friday, April 24.
Rep. TOAL raised the Point of Order that the motion to adjourn debate on the Bill was out of order as immediate cloture had been ordered on the Bill.
The SPEAKER sustained the Point of Order.
Rep. CORNING proposed the following Amendment No. 8, which was tabled.
Amend as and if amended. To amend Section 2 line 42-44 to read as follows:
"May not be increased more than five mills over the previous fiscal year unless the "
And to delete the last full sentence of Section 2.
Rep. T. ROGERS 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 4.
Rep. HEARN raised the Point of Order that the ten minutes allotted for local contested Bills had now expired.
The SPEAKER stated that time had been deducted for votes and the reading of the Bill, and he overruled the Point of Order.
Rep. TOAL moved under Rule 6.3, Section 14 (b) to set H. 2795 for Special Order.
Rep. HEARN raised the Point of Order that the motion to set the Bill for Special Order was out of order as the Rules Committee must vote on all requests for Special Order consideration of a Bill.
The SPEAKER cited Rule 6.3, Section 14(b), which allowed the setting of appropriations Bills and local Bills for Special Order by majority vote of the House, and he overruled the Point of Order.
Rep. T.M. BURRISS then inquired whether the entire membership of the House could vote on the motion to set the Bill for Special Order.
The SPEAKER replied in the affirmative.
Rep. TOAL moved to set the Bill for Special Order immediately.
Rep. T.M. BURRISS moved to table the motion.
Rep. HEARN demanded the yeas and nays, which were not ordered.
Rep. T.M. BURRISS inquired whether the ten minute time limit applied to the Bill now that it had been set for Special Order consideration.
The SPEAKER replied in the negative.
The motion to table was rejected by a division vote of 5 to 6.
The question then recurred to the motion to set the Bill for Special Order immediately, which was agreed to by a division vote of 6 to 5.
Rep. CORNING moved that the House do now adjourn.
Rep. TAYLOR 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, which was rejected by a division vote of 12 to 51.
Reps. CORNING, T.M. BURRISS, HEARN and M.D. BURRISS proposed the following Amendment No. 9, which was tabled.
Amend as and if amended Section 2 line 5-8 on page 4 to read:
"The respective boards may establish the millage, level for the 1987-88 school year at a rate not to exceed the millage level for the 1986-87 school year."
Rep. TAYLOR moved to table the amendment which was agreed to by a division vote of 6 to 4.
Rep. T.M. BURRISS spoke against the Bill.
Rep. McTEER moved that upon the conclusion of second reading of the Bill, that the House stand adjourned, which was agreed to.
Rep. T.M. BURRISS continued speaking.
Rep. HEARN raised the question of a quorum.
Rep. HEARN moved that the House do now adjourn.
Rep. TOAL raised the question of a quorum.
Rep. T.M. BURRISS raised the Point of Order that the motion that the House adjourn was the question under consideration, therefore the request for a quorum call was out of order.
The SPEAKER overruled the Point of Order.
Rep. HEARN raised the question of a quorum.
A quorum was later present.
Rep. HEARN moved that the House do now adjourn.
Rep. TOAL 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 House refused to adjourn by a division vote of 10 to 43.
Rep. HEARN spoke against the Bill.
Rep. T.M. BURRISS raised the question of a quorum.
A quorum was later present.
Rep. HEARN continued speaking.
Rep. M.D. BURRISS spoke against the Bill.
Rep. HEARN raised the question of a quorum.
A quorum was later present.
Rep. M.D. BURRISS continued speaking.
Rep. CORNING spoke against the Bill.
Rep. HEARN raised the question of a quorum.
A quorum was later present.
Rep. CORNING continued speaking.
Rep. HEARN raised the question of a quorum.
Rep. HOLT moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. HEARN raised the Point of Order that the motion to invoke Rule 3.9 was out of order as there was not a quorum present.
The SPEAKER overruled the Point of Order.
Rep. HEARN moved that the House do now adjourn.
Rep. GILBERT raised the Point of Order that the motion to adjourn was out of order as there was not a quorum present.
The SPEAKER stated that the motion to adjourn was the only action which could be taken without a quorum present, and he overruled the Point of Order.
The question then recurred to the motion that the House do now adjourn, which was rejected by a division vote of 13 to 35.
Rep. CORNING continued speaking.
The question then recurred to the passage of the Bill on second reading.
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:
Corning Evatt Hearn
So, the Bill was read the second time and ordered to third reading.
Rep. TOAL moved to reconsider the vote whereby the Bill was given a second reading.
Rep. T. ROGERS moved to table the motion which was agreed to.
Rep. TOAL moved to set H. 2795 for Special Order on Tuesday, April 14, 1987, at 12:20, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 2846 -- Reps. Snow, Gordon and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE RUFUS B. LAWRIMORE OF HEMINGWAY IN WILLIAMSBURG COUNTY.
H. 2848 -- Rep. Rhoad: A CONCURRENT RESOLUTION TO RECOGNIZE THOMAS L. HUCKS OF LEXINGTON COUNTY FOR HIS MANY YEARS OF LOYAL AND DEDICATED SERVICE WITH THE FARMERS HOME ADMINISTRATION.
H. 2876 -- Reps. Mappus, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. DERWOOD L. AYDLETTE, SR., PARENTS OF REPRESENTATIVE WOODY AYDLETTE OF CHARLESTON, ON THEIR FIFTIETH WEDDING ANNIVERSARY.
H. 2847 -- Reps. Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper, Winstead, M.O. Alexander, T.C. Alexander, Altman, Arthur, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Koon, Lewis, Limehouse, Lockemy, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, Mcginnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Wells, White, Wilder, Wilkins and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE WESTVACO ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY IN SOUTH CAROLINA AND TO EXPRESS THE SINCERE HOPE THAT THE MUTUALLY BENEFICIAL RELATIONSHIP THAT HAS DEVELOPED OVER THE PAST HALF CENTURY BETWEEN SOUTH CAROLINA AND ITS CITIZENS WITH THE WESTVACO CORPORATION WILL CONTINUE FAR INTO THE FUTURE.
H. 2885 -- Reps. Koon, Sharpe, Sturkie, Derrick, J.H. Burriss, Klapman and Felder: A CONCURRENT RESOLUTION CONGRATULATING THE LEXINGTON HIGH SCHOOL CONCERT CHOIR UPON BEING INVITED TO COMPETE IN THE YOUNG AMERICAN NATIONAL INVITATIONAL PERFORMANCE CHOIR FESTIVAL IN LOS ANGELES, CALIFORNIA, APRIL 5-12, 1987, AND WISHING THESE OUTSTANDING STUDENTS GREAT SUCCESS IN THE COMPETITION.
At 2:15 P.M. the House in accordance with the motion of Rep. McTEER adjourned to meet at 10:00 A.M. tomorrow.
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