Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, Whose love for mankind is undeniably shown in the events of Holy Week and in the Passover, enable us to feel anew and without ceasing that love repeatedly demonstrated for all Your children. Bring us in faith to the passover of gladness and the resurrection morning. May the spirit of self-giving so completely shown by our God enter our homes, our hamlets, our Cities and our Nation with forgiveness and healing. Resurrect within us new hearts and minds, ready to serve our Lord more perfectly, to walk in the way of righteousness, and to face the future with optimism and hope.
We pray in the Name of Him Whose perfect love is seen in the Passover and in the events of Holy Week. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
April 15, 1987
Memorandum
To: Clerk of the Senate
Clerk of the House
FROM: Joint Legislative Committee to Screen
Candidates for Boards of Trustees of
State Colleges and Universities
In Compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Eugene C. Stoddard
Chairman
Pursuant to Act 119 of 1975, the Committee has completed the investigation required and respectfully submits its findings to the members of the General Assembly for consideration.
Upon completion of the investigation and further deliberations, the Committee respectfully submits its findings to the members of the General Assembly for their consideration.
THE CITADEL--one seat vacant, at-large
(Citadel graduate)
W.H. O'Dell Jimmy L. Green
SOUTH CAROLINA STATE COLLEGE--two at-large seats
(one to fill unexpired term, one regular
vacancy - must declare which seat)
(unexpired term) (regular term)
Gedney M. Howe, III Charles C. Lewis, Sr.
Robert L. Beasley
STATE COLLEGE BOARD OF TRUSTEES--eight vacancies
(one each from the First, Third, Fifth, Seventh, Ninth, Eleventh, Thirteenth, and Fifteenth Judicial Circuits)
Ashriel I. Mose (1st)
E.S. Ervin (3rd)
Joe E. Berry, Jr. (5th)
Ellen C. Watson (7th)
Hilda D. Gadsden (9th)
D. Don Caughman (11th)
John E. Johnston (13th)
W. Jennings Duncan (15th)
Henrietta U. Golding (15th)
WIL LOU GRAY OPPORTUNITY SCHOOL--three vacancies, at-large
This Committee has investigated each of the candidates, has conducted public hearings on April 1 and April 8, 1987, and has duly considered the legal qualifications of each of the applicants. Based thereon, the Committee finds all of the candidates to be legally qualified as candidates for the boards of trustees.
Respectfully submitted,
Eugene C. Stoddard Alexander S. Macaulay
Chairman Vice-Chairman
Eugene D. Foxworth, Jr. Hugh K. Leatherman, Sr.
Secretary
Daniel E. Martin, Sr. Thomas H. Pope
Jennings G. McAbee Addison "Joe" G. Wilson
REPRESENTATIVES SENATORS
Screening before the Joint Legislative Screening Committee to Investigate Candidates for Trustees for Colleges and Universities for The Citadel, South Carolina State College, State College Board from the First, Third, Fifth, Seventh, Ninth, Eleventh and Fifteenth Judicial Circuits, and Wil Lou Gray Opportunity School, held in Room 433, Blatt Building, Columbia, South Carolina, on Wednesday, April 1, 1987, 9:00 a.m. The second day of the hearing scheduled for Wednesday, April 8, 1987, 9:00 a.m.
Members of the Committee in attendance were:
Representative Eugene C. Stoddard, Chairman
Representative Eugene D. Foxworth, Jr., Secretary
Senator Hugh K. Leatherman, Sr.
Senator Addison G. Wilson
Representative Daniel E. Martin, Sr.
Mr. Stoddard: The Committee will come to order. We have a few members who aren't here yet, but I'm certain they'll be dropping in and we best get started with the ground we have to cover between now and ten o'clock. Our first candidates will be for the Citadel. Is Mr. Green present?
Mr. Green: Yes, sir.
Mr. Stoddard: If you would come up to the microphone. We'll swear you in and ask you some questions. State your name please.
Mr. Green: Jimmy L. Green.
Mrs. Tinsley: Would you raise your right hand please? Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, so help you God?
Mr. Green: I do.
Mr. Stoddard: Mr. Green, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Mr. Green: No sir, not to my knowledge.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Mr Green: Yes sir.
Mr Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Mr. Green: Not to my knowledge.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Mr. Green: Yes sir, I do. I hold a non-pay state constable commission, but if chosen or elected to the Board of Visitors I would resign the commission as a constable.
Mr. Stoddard: Yes sir. Any of the members have questions of Mr. Green?
Mr. Foxworth: Mr. Green, have you been active in the alumni association of The Citadel, or any of the other organizations?
Mr. Green: For several years I did belong to the alumni association. I dropped out, but I have rejoined.
Mr. Foxworth: What year did you finish The Citadel?
Mr. Green: Nineteen-sixty-eight, sir.
Mr. Stoddard: Any other questions?
Mr. Martin: Do you have any particular changes or emphasis that you would like to place on any of the programs at The Citadel?
Mr. Green: Without being throughly familiar with all the programs that they (the current Board of Visitors) currently have I could not honestly answer that, sir.
Mr. Martin: In order to serve on the Board, I would suggest that you have any plans or anything that you would change (inaudible).
Mr. Green: Not immediately, no, sir.
Mr. Stoddard: No further questions? Thank you, Mr. Green. Our next candidate is Mr. Odell.
Mrs. Tinsley: Would you state your name?
Mr. Odell: William Adamson Odell.
Mrs. Tinsley: Would you raise your right hand please? Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, so help you God?
Mr. Odell: I do.
Mr. Stoddard: Mr. Odell, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Mr. Odell: No, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Mr. Odell: Yes, sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Mr. Odell: No.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Mr. Odell: No.
Mr. Stoddard: Any of the members have questions of Mr. Odell?
Mr. Foxworth: Mr. Odell, how long have you been on the Board?
Mr. Odell: Six years.
Mr. Foxworth: How long do you think a member of the Board of any institution should stay on? What do you think it should be? Let me ask you that, should there be a limit to the number of years?
Mr. Odell: I think so, yes sir.
Mr. Foxworth: What would you say it should be?
Mr. Odell: I think two terms should be sufficient, particularly on our Board, as that would be twelve years.
Mr. Foxworth: Twelve years?
Mr. Odell: Yes sir.
Mr. Foxworth: Who is the longest member on that Board now?
Mr. Odell: I would think probably Buddy Prioleau.
Mr. Foxworth: How long has he been on there? Do you have the figure there?
Mr. Odell: I'm not certain. I would think probably early sixties.
Mr. Foxworth: Twenty-something years?
Mr. Odell: Yes sir.
Mr. Stoddard: Any other questions? Thank you Mr. Odell. Next on our agenda, of course, is the South Carolina State College Board. We understand now that Mr. Gedney Howe, who is seeking the unexpired term, has no opposition. Is Mr. Howe here? For the regular term we have Mr. Robert Beasley.
Mrs. Tinsley: Would you state your name?
Mr. Beasley: Robert Beasley.
Mrs. Tinsley: Would you raise your right hand please? Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, so help you God?
Mr. Beasley: I do.
Mr. Stoddard: Mr. Beasley, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Mr. Beasley: No.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Mr. Beasley: Yes.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Mr. Beasley: No.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Mr. Beasley: No.
Mr. Stoddard: Any questions of Mr. Beasley?
Mr. Foxworth: I just have the same question. Have you been active in the alumni association, Mr. Beasley?
Mr. Beasley: I have in my respective county, in which I live.
Mr. Foxworth: In your county?
Mr. Martin: Does Cornell University 1906 ring a bell with you?
Mr. Beasley: I beg your pardon?
Mr. Martin: Does Cornell University 1906 ring a bell with you?
Mr. Beasley: Yes, it does.
Mr. Martin: I have no further questions.
Mr. Stoddard: Any other questions of Mr. Beasley? Thank you, Mr. Beasley. Next we have the State College Board from the first district, oh, excuse me, Mr. Lewis, I didn't mean to look over you. Mr. Lewis is next.
Mr. Lewis: Charles C. Lewis
Mrs. Tinsley: Would you raise your right hand please? Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, so help you God?
Mr. Lewis: I do.
Mr. Stoddard: Mr. Lewis, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Mr. Lewis: No sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Mr. Lewis: Yes sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Mr. Lewis: No sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Mr. Lewis: No sir.
Mr. Stoddard: Any questions of Mr. Lewis?
Mr. Foxworth: Same question, Mr. Lewis, can you tell me, have you been active in the alumni association?
Mr. Lewis: Yes, I have, sir.
Mr. Stoddard: Any other questions? Yes, Senator Leatherman.
Mr. Leatherman: Mr. Lewis, you're an incumbent?
Mr. Lewis: Yes sir.
Mr. Leatherman: How long have you served on this Board?
Mr. Lewis: Six years.
Mr. Leatherman: Six years? What is that, one term?
Mr. Lewis: Yes sir.
Mr. Stoddard: Thank you, Mr. Lewis. Does the committee desire to hear from those candidates who have no opposition who are seeking reelection, or do you want to hear from each one of those?
Mr. Foxworth: I think if they're here, Mr. Chairman, I believe they should be asked the same basic questions.
Mr. Stoddard: On the State College Board, the first district we have Mr. Mose.
Mr. McAbee: May I ask a question of the chair?
Mr. Stoddard: Yes sir, Mr. McAbee.
Mr. McAbee: Even though they are unopposed, do they need to go through all of the same swearing in and questions so it can be documented for the record for inclusion in the journal?
Mr. Stoddard: We can either do that, we have two alternatives there. We can waive those unopposed candidates.
Mr. McAbee: Alright.
Mrs. Tinsley: Would you state your name?
Mr. Mose: Ashriel I. Mose.
Mrs. Tinsley: Would you raise your right hand please? Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, so help you God?
Mr. Mose: I do.
Mr. Stoddard: Mr. Mose, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Mr. Mose: None that I know of.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Mr. Mose: Yes sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Mr. Mose: No sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Mr. Mose: No sir.
Mr. Stoddard: Any questions of Mr. Mose?
Mr. Foxworth: Mr. Mose, you must have talked to many of these men who are coming in here to try (inaudible) on that Board, I ought to let you sit up here and let me go over there.
Mr. Leatherman: Mr. Chairman.
Mr. Stoddard. Senator Leatherman?
Mr. Leatherman: Mr. Mose, what's your philosophy on how the colleges that are run by the State Board, how should the goals and functions of those colleges fit in with the overall higher education scheme in the state?
Mr. Mose: I believe they fit in adequately. Each college has its own goals and objectives, but basically they work cooperatively in getting their goals achieved. I see no conflict with their goals.
Mr. Leatherman: I mean have they grown enough out there or do they need to grow some more or do we need to shift everything out to the colleges throughout the state or do we need to shift everything back into Columbia and Clemson and Charleston? What's your philosophy on that?
Mr. Mose: I don't believe we need to shift everything to Columbia, Charleston and Clemson. I think that Francis Marion, the College of Charleston and Lander are doing a very good job with the clientele. I am very certain that they are doing a respectable job.
Mr. Leatherman: Have they grown as much as they need to grow, or what's your opinion on that?
Mr. Mose: I don't think Lander College has grown to its maximum or that Francis Marion has grown to its maximum. The College of Charleston is near its maximum, but not there yet. They have a lot of programs that the new president is putting into effect, but they're not calling for an increase in the number of students on the campus, but will attract students in a metropolitan area who would like to be in school on schedules other than full time students.
Mr. Foxworth: In that same (inaudible) Who sets the goal or the maximum for the College of Charleston, for example? Is that set by the Board or the legislature, I really don't know?
Mr. Mose: The Board.
Mr. Foxworth: By the Board? Can you tell me about where ya'll stand on the College of Charleston? What is your goal? I used to be employed there and I had heard some figures at the time I was there. Has that changed? What is the maximum desire now;full time students?
Mr. Mose: Well, full time equivalent, I believe its about 5,000. We are not there yet. We have something like 5,500 head count.
Mr. Foxworth: I had heard that it was going to be four and I asked, I don't know, my reasoning behind it is that I remember a speech made by the president of, Chancellor of the University of California one time and he said the maximum, now he didn't say whether it was FTE's or what, of an undergraduate school should be 4,000 and Duke University has remained at 4,000, and I just wonder why we've taken five, and what is Francis Marion's?
Mr. Leatherman: We're about thirty-eight hundred.
Mr. Foxworth: And what's your goal?
Mr. Leatherman: Goal is five thousand. I don't know how that goal is set. We are thinking about introducing legislation to reduce USC and Clemson back to five thousand. (laughter)
Mr. Foxworth: I didn't mean to get off it, I just enjoy talking to you.
(inaudible)
Mr. Mose: You set a goal at, let's say four thousand, and the finances for the college is based on FTE's. Well, if you ran the college and say you have 18 million dollars, and you find that you cannot adequately run the college with that so you move the enrollment upward so that your funding will be greater. That is something the state needs to look at. If you're going to base funding on FTE's, you're going to create a situation in which each school wants to have a larger number of students. Now, I don't know whether they can adequately recruit those students, but that is what they do and that is practical.
Mr. Foxworth: I have one more final question and it's really...do any of the presidents of these state institutions have discretionary funds?
Mr. Mose: Not the ones that we (inaudible).
Mr. Foxworth: That's good.
Mr. Stoddard: Thank you Mr. Mose. The candidate from the third district, Mr. Ervin, has communicated to us that he is out of the state or in court, whichever, and is not present. Mr. Berry is out of state from the fifth district. Next is Ms. Watson from the seventh. Is she here?
Mrs. Tinsley: Would you state your name?
Ms. Watson: Ellen C. Watson.
Mrs. Tinsley: Would you raise your right hand please? Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, so help you God?
Ms. Watson: I do
Mr. Stoddard: Ms. Watson, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Ms. Watson: None to my knowledge.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Ms. Watson: I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Ms. Watson: No.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Ms. Watson: No.
Mr. Stoddard: Thank you. Any questions from the members? Senator Leatherman?
Mr. Leatherman: Ms. Watson, along the same lines that I asked Mr. Mose, in your opinion what should be the mission of the colleges run by the State Board?
Ms. Watson: What should be their mission?
Mr. Leatherman: Yes, what should be their missions?
Ms. Watson Well, I think their mission should be just as it is. For example, I wish that all of you could take a television and trip with me from the beginning of this Board. As we entered Lander College, and as we (inaudible) the broken down chairs, as we walked on to Francis Marion with one building there, Oaks Hall, a very dear person who was very instrumental in getting that college started there from USC. Then the College of Charleston is just a fundamental basin for the state. They have served in such excellent capacities for the students of this state, and I feel that their whole being is very needed and very well taken care of. I think that the state should be commended for going into this atrium, that was given the whole (inaudible) for the State College Board of Trustees for the colleges of South Carolina.
Mr. Leatherman: Ms. Watson, have these colleges, in your opinion, grown enough to fulfill the needs throughout the state or do they need to do some more growing or what's your feeling on that?
Ms. Watson: I feel that they do need more growing, however, they have really grown to a very full capacity. Each year there are new plans and new provisions made for better strength as we know and realize that all life changes and of course as we go into education we need to think about what is going to be more important and as the years come on and this is what we seek for, getting the very best out of the dollar for the individuals and I do feel that we will continue to grow.
Mr. Leatherman: Is there a need for some masters degrees in various disciplines around the state in these colleges that are scattered around the state. What's your opinion on that?
Ms. Watson: I think there is a good need, however, we do have a number of offers already in the state that would offer your masters degrees, but you know as a great inspiration, when you can go to the school in your near vicinity without the outspending for further funds...I wish it could have been that way when I came along, but now young people can really benefit if other offerings are given them. I do feel that would be good kinds of need there.
Mr. Foxworth: You probably had a lot more fun in New York than you would have in Columbia, Ms. Watson, I'm sure.
Ms. Watson: I'm sorry that some of you were not there to see me in New York.
Mr. Foxworth: (inaudible)
Ms. Watson: I'm telling you. I'd like to tell you this one part. May I, please? I lived in (inaudible) on Amsterdam Avenue. I worked in the cafeteria for Teacher's College. And I got there and I had thirty-two dollars, and someone said I could go into the dining room and serve. I asked for a person's right to serve on the line, serving food. I stayed there three days, three days, and they called me to the office and asked me would I take the cashier job. I was the first black cashier at Teacher's College. So therefore in the evenings you see I split my time counting those thousands of dollars. Then going to my room, resting for a moment, and coming down to the library, and back to the cafeteria in the morning, because of my responsibility. But I really did enjoy that because I did come in contact with people from all over the country, even people from England who came in and said that there are beatles in my room and they were just little roaches, you know. (laughter)
Mr. Foxworth: Ms. Watson, let me ask you something that I didn't ask Dr. Mose. Do you know there was a Bill introduced to make separate Boards for the different schools, and to be honest with you, I kind of support that, and that's not to lower the standards of any one of the schools, but you know that we're talking about schools that are five thousand in size, and we saw what happened at the College of Charleston. If you're not really on top of it and you don't have good people, it can get out of hand, I'm not blaming ya'll or what happened down there, but what I'm saying is that I'm not sure there isn't a real need to have separate Boards for each one of the schools. Why does the Board, and I believe I read that ya'll had voted not to adopt that, what is your reason behind not adopting it?
Ms. Watson: My reason behind not adopting that idea, is the fact that we are well acquainted with the needs and the plans for the Board as has been stated in the past and we have persons on that Board who are very well learned, they are very well dedicated and they put forth every effort to see that everything is done in the right order. Now, when you speak about the College of Charleston, no person has to do with their health and the past president had problems there, not with his personal health, but I mean in his family, which is usually a part of you, anyway. But, when it comes to the fact of Dr. Lightsey coming in there now and you see Just what is happening, I think we are all going to realize the importance of the continuance of a Board of this stature. I really feel that it is one little way of kind of helping with the expenses for the state, instead of having a separate Board going in for the large expense and you can take free and the way we have before it arranged, the business is taken care of very well and distinctly and instead of having five thousand or three thousand for a Board meeting three times you would have one time and from the dedication of the persons there, this is why I felt that it would be a very excellent thing for the continuance of the Board as it is. There are so many other areas that can be used for need of individuals.
Mr. Leatherman: Mr. Chairman?
Mr. Stoddard: Yes, Senator Leatherman?
Mr. Leatherman: I'm glad to see that Representative Foxworth is supportive of that Bill. It's in my Senate Education subcommittee. It appears the only way it's going to get out is to set up separate Boards for all the campus sections... campus colleges the University has scattered around the state.
Mr. Stoddard: Thank you, Doctor. Our next candidate is from the ninth district, Ms. Hilda Gadsden.
Mrs. Tinsley: Would you state your name?
Ms. Gadsden: Hilda D. Gadsden.
Mrs. Tinsley: Would you raise your right hand please? Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, so help you God?
Ms. Gadsden: I do.
Mr. Stoddard: Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Ms. Gadsden: I do not.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Ms. Gadsden: Yes, I will.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Ms. Gadsden: No.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Ms. Gadsden: I do not.
Mr. Stoddard: Any questions of Ms. Gadsden?
Mr. Martin: If you were to be elected, would this be a conflict of interest (inaudible).
Ms. Gadsden: No sir. I have talked with my supervisors, and they have informed me that it would not.
Mr. Martin: Would you consider possibly getting an attorney general's opinion on or some reliable source that this is the case?
Ms. Gadsden: Yes sir.
Mr. Stoddard: No other questions? Thank you. Our next candidate is from the eleventh district, Don Caughman.
Mr. Caughman: My name is David Don Caughman.
Mrs. Tinsley: Would you raise your right hand please? Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, so help you God?
Mr. Caughman: I do.
Mr. Stoddard: Mr. Caughman, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Mr. Caughman: None to my knowledge.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Mr. Caughman: Yes sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Mr. Caughman: None.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Mr. Caughman: No sir.
Mr. Stoddard: Any questions?
Mr. Martin: I notice that you have a meat plant company.
Mr. Caughman: Yes.
Mr. Martin: Do you serve any of the colleges?
Mr. Caughman: No sir.
Mr. Stoddard: Has good sausage, though. Senator?
Mr. Wilson: I would just like to state that would like to vouch for Mr. Caughman as to his sausage and to himself personally and he also has an outstanding family in Lexington County, his wife in particular, and son.
Mr. Stoddard: Thank you, Senator. Any other questions? Thank you, Mr. Caughman.
Mr. Leatherman: Chairman, in that last statement by the Senator, did he include that he has an outstanding senator, is that what I understand. (laughter)
Mr. Wilson: No, no. As a matter of fact his senator is Senator Shealy. He lives in the wrong district; he lives in this wealthy (inaudible)...
Mr. Stoddard: He said regrettably, though.
Mr. Stoddard: Our next candidate, Mr. Johnston, an attorney, is also in court. We just had a phone call from Mr. Howe's office, and he is in court also, the reason he is not here. Mr. Duncan, we have a letter from him, he is out of state today. Our next candidate for the fifteenth circuit would be Ms. Golding.
Ms. Golding: Henrietta Golding.
Mrs. Tinsley: Would you raise your right hand please? Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, so help you God?
Ms. Golding: I do.
Mr. Stoddard: Do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Ms. Golding: No sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Ms. Golding: Yes, I would.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Ms. Golding: No sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Ms. Golding: No sir.
Mr. Stoddard: Any questions of Ms. Golding? Yes sir, Senator Leatherman.
Mr. Leatherman: Ms. Golding, if I asked you the same question that I asked some of the previous candidates, how would you respond to those, and I'll be delighted to restate those, I expect you heard them.
Ms. Golding: Yes sir, I did. Let me first say that I have not served on the State College Board of Trustees, previously, but I have been involved with the College of Charleston, being an alumni. As far as the goals and promises, I am a great believer in state provided education. If it were not for that I would not be where I am today. I believe that the state should through these institutions provide quality education. Going into another line, I think that as for as the State Board of Trustees are concerned, that the focus should be statewide as well as community. I think that would constitute a continuity in the education throughout the system to all in South Carolina.
Mr. Leatherman: Mr. Chairman, I might Just state that despite the fact that Ms. Golding was an attorney on the opposite side of me in a case one time and beat the tar out of me, she is a great candidate for this position.
Mr. Stoddard: I think that the results of that case speak for itself.
Mr. Foxworth: Ms. Golding, have you thought about the separate Boards for the separate schools? Have you made your mind up or do you have any thoughts on it you can share with us?
Ms. Golding: I have not made my mind up. I'm not privy really to that discussion that has gone on. My major emphasis, or the reason I would want to serve is that I think that it needs to be, each school needs to be state supported and not as much community oriented. I think that colleges serve the community and need to, but we must have a Board of trustees that are from all over the state and whether that be in separate or have one body as it is today, I do know that the body that has been serving and Ms. Watson, and Mr. Mose, and Mr. Berry, and Mr. Johnston they've done an excellent Job with all three institutions.
Mr. Stoddard: Any other questions? Thank you, counselor. Our next candidates are for Wil Lou Gray Opportunity School. I understand that the first two candidates, Mr. Dahlgren and Perry aren't available today. I believe we will hear from Mr. Rhodes at this time.
Mr. Rhodes: My name is Vince Rhodes.
Mrs. Tinsley: Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, so help you God?
Mr. Rhodes: Yes, I do.
Mr. Stoddard: Mr. Rhodes, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Mr. Rhodes: Not to my knowledge, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Mr. Rhodes: Yes sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Mr. Rhodes: No.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Mr. Rhodes: No sir.
Mr. Stoddard: Any questions?
Mr. Martin: Chairman, I would just like to state that I know Mr. Rhodes personally. I have been on Vocational Rehabilitation Board for thirteen years and he has been with that agency a long time, and an excellent performance as long as you can keep him off those cruises in the Bahamas.
Mr. Rhodes: That's a story within itself
Mr. Stoddard: Mr. Martin, do you think that is a conflict...(laughter)?
Mr. Martin: He likes to take cruises.
Mr. Stoddard: Any other questions? Senator Wilson?
Mr. Wilson: In Mr. Rhodes' defense I will point out that he is a constituent and I will claim him.
Mr. Leatherman: He has a excellent senator.
Mr. Stoddard: Any other questions? Thank you, Mr. Rhodes.
Mr. Rhodes: I thank you.
Mr. Stoddard: Dr. Louise Scott. I believe she has communicated and couldn't attend today. That leaves only one other candidate. And of course this is up to the members here, I think we should dispose of it now. We have a candidate who contacted us early, right after the advertisement, Mr. Ceasar Leysath, III, but he never would advise us as to what he wanted to seek. We have the background on him and all that. I assume since he didn't advise what Board he wanted to run for and due to his lack of presence, I would entertain the motion that he...
Mr. Leatherman: Mr. Chairman, I would move that we not hear consideration of this candidate at this time until we know which position he is looking for. I don't know how we can screen (inaudible).
Mr. Stoddard: Due to the time limitations and all which were conveyed to him would you amend your motion? That he not be considered?
Mr Leatherman: Yes sir.
Mr Stoddard: Is there a second?
Mr. Martin: Second.
Mr. Stoddard: All in favor say aye. (Aye)
Mr. Stoddard: Opposed, no. The ayes have it. This completes our screening today. I appreciate all of you coming and your cooperation. I wish all of you luck. As of today, the election will be on the 22nd. Of course that is subject to some change possibly, if the Senate changes the House passed Resolution. If not why it will be the 22nd of this month.
Mr. Stoddard: The majority of the committee requested that we have this hearing and your attendance was desired, they said. First on the list we are going to take up the State College Board and we are going to skip about because we had promised some of the candidates who had appointments in court that we would try to bear with them. First we have Mr. John E. Johnston in the thirteenth district for the State College Board. Mr. Johnston, if you would come to the microphone and state your name and Mrs. Tinsley will swear you in.
Mr. Johnston: Good morning, my name is John E. Johnston.
Mrs. Tinsley: Will you raise your right hand please? Do you swear or affirm to tell the truth, the whole truth and nothing but the truth so help you God?
Mr. Johnston: I do.
Mr. Stoddard: Mr. Johnston, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Mr. Johnston: No sir, I have no such problems.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Mr. Johnston: Yes, I would.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Mr. Johnston: I have no conflicts of interest.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Mr. Johnston: No sir
Mr. Stoddard: Mr. Johnston, I Just might say that would you please convey my best wishes to Judge Perry? And you may go now.
Mr. Johnston: I thank you very much and I'll certainly convey that message. Thank you Mr. Chairman.
Mr. Stoddard: Next, for the South Carolina State College Board we have Mr. Gedney Howe, III.
Mr. Howe: Good morning, Mr. Chairman, my name is Gedney Howe, III, from Charleston, South Carolina.
Mrs. Tinsley: Will you raise your right hand please? Do you swear or affirm to tell the truth, the whole truth and nothing but the truth so help you God?
Mr. Howe: Certainly do.
Mr. Stoddard: Mr. Howe, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Mr. Howe: None, sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Mr. Howe: I have attended regularly the last year now...no problems attending regularly in the future.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Mr. Howe: Not at all.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Mr. Howe: No sir, I do not.
Mr. Stoddard: Thank you, Mr. Howe. Now we revert back...do we have Mr. Ervin here?
Mr. Ervin: Good morning, my name is Ed Ervin. I'm from Sumter.
Mrs. Tinsley: Will you raise your right hand please? Do you swear or affirm to tell the truth, the whole truth and nothing but the truth so help you God?
Mr. Ervin: Yes.
Mr. Stoddard: Mr. Ervin, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Mr. Ervin: No sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Mr. Ervin: Yes sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Mr. Ervin: No sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Mr. Ervin: No sir.
Mr. Stoddard: Thank you, Mr. Ervin. Mr. Joe E. Berry, Jr.
Mr. Berry: Thank you, Mr. Chairman, I'm Joe E. Berry, Jr. from Columbia.
Mrs. Tinsley: Do you swear or affirm to tell the truth, the whole truth and nothing but the truth so help you God?
Mr. Berry: I do.
Mr. Stoddard: Mr. Berry, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Mr. Berry: No sir.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Mr. Berry: Yes sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Mr. Berry: No sir.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Mr. Berry: No sir.
Mr. Stoddard: Regrettably, Mr. Berry, thank you sir. Mr. Jennings Duncan.
Mr. Duncan: W. Jennings Duncan.
Mrs. Tinsley: Would you raise your right hand please? Do you swear or affirm to tell the truth, the whole truth and nothing but the truth so help you God?
Mr. Duncan: I do.
Mr. Stoddard: Mr. Duncan, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Mr. Duncan: No sir, I do not.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Mr. Duncan: Yes sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Mr. Duncan: None.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Mr. Duncan: No, I do not.
Mr. Stoddard: Thank you, Mr. Duncan.
Mr. Duncan: Thank you, Mr. Chairman.
Mr. Stoddard: Mr. Walter Dahlgren.
Mr. Dahlgren: Good morning, sir. My name is Walter Dahlgren. I'm from Anderson.
Mrs. Tinsley: Do you swear or affirm to tell the truth, the whole truth and nothing but the truth so help you God?
Mr. Dahlgren: I do.
Mr. Stoddard: Mr. Dahlgren, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Mr. Dahlgren: No sir, I don't.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Mr. Dahlgren: Yes sir.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Mr. Dahlgren: No sir, I don't.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Mr. Dahlgren: No sir.
Mr. Stoddard: Mr. Dahlgren, I believe you...are you associated with Anderson College. Thank you, Mr. Dahlgren.
Mr. Dahlgren: Thank you.
Mr. Stoddard: Well, we saved the best to last, Dr. Scott.
Dr. Scott: My name is Louise Scott and I'm from Florence.
Mrs. Tinsley: Do you swear or affirm to tell the truth, the whole truth and nothing but the truth so help you God?
Dr. Scott: I do.
Mr. Stoddard: Dr. Scott, do you have any health related problems the screening committee should be made aware of that will prevent you from serving on the Board in the full capacity?
Dr. Scott: No.
Mr. Stoddard: Considering your present occupation and other activities would you be able to attend Board meetings on a regular basis?
Dr. Scott: Yes.
Mr. Stoddard: Do you have any interest professionally or personally that will present a conflict of interest because of your service on the Board?
Dr. Scott: No.
Mr. Stoddard: Do you now hold any public position of honor or trust that if elected to the Board will cause you to violate the dual office holding clause of the Constitution?
Dr. Scott: No.
Mr. Stoddard: Thank you, Dr. Scott.
Dr. Scott: Thank you.
Mr. Stoddard: I really appreciate ya'll coming.
Received as information.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 2532 -- Reps. Altman, Snow, Pearce and Thrailkill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-715 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF VIOLATING STATUTES RELATING TO SHELLFISH SHALL HAVE HIS PERMIT FOR SHELLFISH CULTURE REVOKED, AND IT MUST NOT BE RENEWED FOR FIVE YEARS.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 2703 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-l 1-1276, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAG LIMITS FOR DEER AND RACCOON IN GAME ZONE NO. 10, SO AS TO DELETE THE PROVISION LIMITING THE NUMBER OF ANTLERED DEER THAT MAY BE KILLED EACH DAY.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 2732 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE HUNTING OF RACCOONS AND OPOSSUMS WITH ANY FIREARM, SAW, AX, ARTIFICIAL CALLING DEVICE, OR TREE-CLIMBING DEVICE DURING ANY PERIOD WHEN THEY MAY BE HUNTED WITHOUT FIREARMS, SO AS TO PERMIT THE USE OF MOUTH-OPERATED CALLING DEVICES DURING FIELD TRIALS.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 2758 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME WARDENS, SO AS ELIMINATE THE REFERENCE TO TWO-YEAR TERMS, RECORDING OF CERTIFICATES, AND TAXES AND FEES AND TO AMEND THE 1976 CODE BY CHANGING ALL REFERENCES TO GAME WARDEN TO CONSERVATION OFFICER.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 330 -- Senator Dennis: A BILL TO AMEND SECTION 50-13-1165, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAPS AND EEL POTS, SO AS TO ALLOW THEM TO BE SUSPENDED ABOVE THE BOTTOM OF THE WATERS WHERE THEY ARE USED AT A DEPTH WHICH DOES NOT CREATE A HAZARD TO WATERCRAFT.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 392 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2573 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 12-37-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND RETURN OF MERCHANTS AND MANUFACTURERS' PROPERTY TO THE TAX COMMISSION FOR AD VALOREM TAX PURPOSES SO AS TO PROVIDE THAT THE TAX COMMISSION SHALL FORWARD THE ASSESSMENTS PREPARED AS A RESULT OF THE RETURNS SUBMITTED PURSUANT TO THIS SECTION TO THE APPROPRIATE LOCAL TAXING AUTHORITIES NO LATER THAN AUGUST FIFTEENTH OF THE APPLICABLE TAX YEAR.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2598 -- Reps. Derrick and Evatt: A BILL TO AMEND ACT 452 OF 1986, RELATING TO THE DEDUCTION ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME FOR A TAXPAYER'S DEPENDENT "SPECIAL NEEDS CHILD", SO AS TO PROVIDE THAT THE DEDUCTION MAY BE CLAIMED BEGINNING WITH TAXABLE YEAR 1985.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2794 -- Rep. T. Rogers: A BILL TO AMEND ARTICLE 1, CHAPTER 11 OF TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE OFFICERS AND EMPLOYEES BY ADDING SECTION 8-11-83 SO AS TO PROVIDE THAT THE COMPTROLLER GENERAL SHALL, UPON REQUEST OF EMPLOYEES OF THE STATE, MAKE DEDUCTIONS FROM THE COMPENSATION OF THE EMPLOYEES FOR THE PAYMENT OF MEMBERSHIP DUES FOR THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2783 -- Ways and Means Committee: A BILL TO AMEND SECTION 59-115-20, CODES OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE EDUCATION ASSISTANCE ACT SO AS TO REVISE THE DEFINITION OF "STUDENTS" FOR PURPOSES OF THE ACT THEREBY MAKING ANY QUALIFYING STUDENT RATHER THAN ONLY QUALIFYING RESIDENTS OF SOUTH CAROLINA ELIGIBLE FOR STUDENT LOANS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2816 -- Rep. McLellan: A JOINT RESOLUTION TO EXEMPT ANY AUTHORIZATION OF ADDITIONAL STATE CAPITAL IMPROVEMENT BONDS FOR THE DEPARTMENT OF CORRECTIONS FROM THE PROVISIONS OF SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE YEAR 1987 ONLY FOR THE PURPOSE OF COMPLYING WITH THE NELSON LAW SUIT SETTLEMENT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 274 -- Senators Setzler, Garrison, Horace C. Smith and Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 8-11-40, CODE OF LAWS OF SOUTH CaROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO PROVIDE THAT EMPLOYEES MAY USE NOT MORE THAN FIVE DAYS OF SICK LEAVE ANNUALLY TO CARE FOR ILL MEMBERS OF THEIR IMMEDIATE FAMILIES AND TO DEFINE "IMMEDIATE FAMILY".
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 588 -- Corrections and Penology Committee: A BILL TO AMEND SECTIONS 24-3-310 AND 24-3-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISON INDUSTRIES, SO AS TO DECLARE THE FURTHER INTENT IN THE EMPLOYMENT OF CONVICT LABOR IS TO PLACE INMATES IN A REALISTIC WORKING ENVIRONMENT AND TO REQUIRE THE BOARD OF CORRECTIONS TO PLACE NOT LESS THAN FIVE PERCENT NOR MORE THAN TWENTY PERCENT OF GROSS WAGES PAID INMATES WITH THE STATE TREASURER FOR USE IN THE VICTIM ASSISTANCE PROGRAM AND OTHER SELFSUSTAINING PROGRAMS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-315 SO AS TO PROVIDE THAT INMATE PARTICIPATION IN ANY PRISON INDUSTRY PROGRAM BE ON A VOLUNTARY BASIS AND THAT THE INMATE DOES NOT DISPLACE EMPLOYED WORKERS OR RECEIVE LESS PAY FOR WORK OF A SIMILAR NATURE.
Ordered for consideration tomorrow.
The following was introduced:
H. 3026 -- Reps. McAbee, Carnell, Stoddard and Klapman: A HOUSE RESOLUTION TO PROVIDE THAT WHEN THE HOUSE OF REPRESENTATIVES ADJOURNS STATEWIDE BUSINESS ON THURSDAY, APRIL 16, 1987, IT SHALL STAND ADJOURNED UNTIL MONDAY, APRIL 20, 1987, FOR LOCAL UNCONTESTED MATTERS, AND THE STAFF SERVING THE MEMBERS OF THE HOUSE IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 17, 1987.
Be it resolved by the House of Representatives:
That when the House adjourns statewide business on Thursday, April 16, 1987, it shall stand adjourned until Monday, April 20, 1987, for local uncontested matters, and the staff serving the members of the House is not required to work on Good Friday, April 17, 1987.
The Resolution was adopted.
The following was introduced:
H. 3027 -- Reps. Edwards, Davenport, Ferguson, Hawkins, McGinnis, Petty, Russell and Wells: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. VIRGINIA SOMERS MAXWELL MANNING OF SPARTANBURG, MOTHER OF FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, SAM MANNING, UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3028 -- Reps. Petty and Wilkins: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE RECENT DEATH OF MR. JOHN T. WILKINS, SR., OF SPARTANBURG COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3029 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. WILLIAM HAZEL McCOY OF OSWEGO, SUMTER COUNTY, ON THE SPLENDID OCCASION OF THEIR GOLDEN WEDDING ANNIVERSARY AND EXTENDING THEM BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 663 -- Senators Leventis and Land: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE RECENT DEATH OF MR. FRANCIS MELLETTE FOXWORTH OF SUMTER COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3039 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. TOM O'CONNOR OF ANDERSON ON HIS BEING HONORED AS "VOLUNTEER OF THE YEAR" BY THE UNITED STATES ARMY CORPS OF ENGINEERS, SOUTH ATLANTIC DIVISION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3040 -- Rep. Thrailkill: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO SARAH LAWRIMORE OF THE BUCKSPORT COMMUNITY IN HORRY COUNTY ON RECEIVING THE LEO G. KNAUFF AWARD AS THE RURAL LADY OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3030 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-37-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RISK CLARIFICATION PLANS, SO AS TO PROVIDE FOR AN INEXPERIENCED DRIVER'S RISK CLASSIFICATION PLAN TO BE ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER ON MARCH 1, 1988.
Referred to Committee on Labor, Commerce and Industry.
H. 3031 -- Rep. J. Bradley: A BILL TO AMEND SECTION 20-7-1360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JUDGES, SO AS TO PROVIDE THAT THE CHIEF FAMILY COURT JUDGE OF EACH CIRCUIT MUST BE ONE OF THE RESIDENT JUDGES OF THAT CIRCUIT, AND TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-1445, SO AS TO PROVIDE THAT ALL ORDERS IN THE FAMILY COURT MUST BE WRITTEN BY THE JUDGE SIGNING THE ORDER.
Referred to Committee on Judiciary.
H. 3032 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE I, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES BY ADDING SECTION 29-3-70 SO AS TO PROVIDE THAT A MORTGAGEE, WHEN MAKING A MORTGAGE LOAN MAY NOT REQUIRE, AS A CONDITION OR TERM OF THE MORTGAGE, THAT THE MORTGAGOR PURCHASE CASUALTY INSURANCE ON PROPERTY WHICH IS THE SUBJECT OF THE MORTGAGE IN AN AMOUNT IN EXCESS OF THE REPLACEMENT COST OF THE BUILDINGS OR APPURTENANCES ON THE MORTGAGED PREMISES.
Referred to Committee on Labor, Commerce and Industry.
H. 3033 -- Rep. J. Bradley: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH BY ADDING CHAPTER 84 SO AS TO PROVIDE FOR A PATIENT'S RIGHT OF ACCESS TO HIS MEDICAL RECORDS, TO MEDICAL INFORMATION REGARDING HIM AND HIS TREATMENT, AND TO INFORMATION REGARDING HEALTH CARE PRACTITIONERS PROVIDING SERVICES TO HIM, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3034 -- Rep. J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-9-380, SO AS TO PROHIBIT AN INSURER OF ACCIDENT AND HEALTH INSURANCE FROM DELAYING PAYMENT OF A VALID AND PROPERLY COMPLETED CLAIM BEYOND TWENTY-ONE WORKING DAYS AFTER RECEIPT THEREOF BY THE INSURER, TO REQUIRE INTEREST ON CLAIMS ON WHICH PAYMENT IS DELAYED BEYOND THIS PERIOD, AND TO AUTHORIZE THE AWARD OF ATTORNEY'S FEES, COURT COSTS, AND A MONETARY PENALTY ON THESE CLAIMS UNDER CERTAIN CONDITIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3035 -- Rep. J. Bradley: A BILL TO AMEND SECTION 37-3-201, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM CHARGES ON CERTAIN LOANS, SO AS TO PROVIDE THAT THE MAXIMUM RATE OF INTEREST A SUPERVISED LENDER MAY CHARGE ON A CREDIT CARD LOAN IS TWELVE PERCENT ANNUALLY SIMPLE INTEREST.
Referred to Committee on Labor, Commerce and Industry.
H. 3036 -- Rep. Fair: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS FOR CERTAIN PERSONS WHO DO NOT DRIVE, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICANT NOT POSSESS A LICENSE TO OPERATE A MOTOR VEHICLE.
Referred to Committee on Education and Public Works.
H. 3037 -- Rep. Harvin: A BILL TO AMEND ARTICLE 15, CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO ALSO AUTHORIZE SPECIAL LICENSE PLATES TO BE ISSUED TO MEMBERS OF THE SOUTH CAROLINA STATE GUARD.
Referred to Committee on Education and Public Works.
H. 3038 -- Rep. Gentry: A BILL TO AMEND SECTION 42-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHDRAWAL OF A WAIVER OF EXEMPTION FROM THE WORKERS' COMPENSATION LAWS BY AN EMPLOYER, SO AS TO REVISE CERTAIN NOTICE PROVISIONS AND TO PROVIDE FOR RELIEF FROM LIABILITY UPON THE GIVING OF THIS NOTICE.
Referred to Committee on Labor, Commerce and Industry.
S. 223 -- Senator McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-15-85 SO AS TO AUTHORIZE POLITICAL SUBDIVISIONS TO ISSUE REVENUE BONDS FOR PUBLIC PURPOSES PAYABLE FROM OTHER NONRELATED REVENUE PRODUCING PROJECTS OF THE SUBDIVISION AND TO REQUIRE BONDS SO ISSUED TO REFLECT THE SOURCE OF PAYMENT.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.M. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Evatt Faber Fair Ferguson Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Haskins Hawkins Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Nesbitt Nettles Pearce Pettigrew Petty Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Wells Whipper White Wilder Wilkins Winstead
I came in after the roll call and was present for the Session on April 16, 1987.
Robert Hayes, Jr. Donna Moss Lewis Phillips Gene Stoddard Mickey Burriss Derial Ogburn Jack Gregory E. Crosby Lewis Denny W. Neilson Dick Elliott Paul Short Olin Phillips T.W. Edwards John Felder Tom Limehouse
STATEMENT OF ATTENDANCE
Reps. FELDER, HUFF, KOON, McELVEEN, O. PHILLIPS and TOAL signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, April 15.
Announcement was made that Rudolph L. Wise of Columbia is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 2700 -- Reps. Limehouse and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES FOR THE 1987-88 SCHOOL YEAR AND FOR ALL SCHOOL YEARS THEREAFTER TO BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL AND TO AUTHORIZE THE COUNTY COUNCIL TO SET THE NECESSARY TAX MILLAGE AFTER APPROVAL OF THE BUDGETS.
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.
H. 2667 -- Reps. Harvin, McBride, Sharpe, E.B. McLeod, Cork, Cooper, Pearce, L. Phillips, G. Bailey, M.O. Alexander, Baker, Nettles, Nesbitt, Rice, Whipper, Shelton, Fair, Wells, Petty, Holt, Felder, P. Harris, Washington, T.M. Burriss, Hendricks, McGinnis, Wilder, Bennett, Corning, Hearn, Simpson, Carnell, Keyserling, T. Rogers, Koon, Kay, K. Bailey, J. Brown, Faber, Williams, Haskins, Davenport, Hawkins, Altman, Foxworth, McLellan, J.C. Johnson, Jones, Day, McTeer, McElveen, Mappus and Evatt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-25-60 SO AS TO PROVIDE THAT ANY MEMBER OF A FIRE DEPARTMENT IS NOT CONSIDERED TO BE A DUAL OFFICEHOLDER, BY VIRTUE OF SERVING AS A MEMBER, FOR THE PURPOSES OF THE CONSTITUTION.
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.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 2792 -- Reps. Lockemy and J.W. McLeod: A BILL TO TRANSFER THE ASSETS OF THE DILLON COUNTY HISTORIC PRESERVATION COMMISSION TO THE DILLON COUNTY THEATER ASSOCIATION AND TO REPEAL ACT 1027 OF 1966 RELATING TO THE CREATION OF THE DILLON COUNTY HISTORIC PRESERVATION COMMISSION.
H. 3025 -- Rep. Felder: A BILL TO PROVIDE FOR LIMITED FISCAL AUTONOMY FOR THE CALHOUN COUNTY SCHOOL DISTRICT AND PROVIDE A PROCEDURE FOR THE ADOPTION OF ITS ANNUAL BUDGET.
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.
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.
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.
Rep. T. ROGERS explained the Joint Resolution.
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. DAVENPORT moved to commit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. CARNELL moved to table the motion which was agreed to by a division vote of 33 to 23.
Rep. DAVENPORT moved to adjourn debate upon the Bill, which was adopted.
Rep. KIRSH moved to adjourn debate upon the following Bill until Thursday, April 23, 1987, which was adopted.
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.
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. 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.
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. WILKINS explained the Bill.
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.
The following Bills and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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. WILKINS explained the Bill.
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.
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.
Reps. J. BRADLEY, ARTHUR, KEYSERLING and RUDNICK objected to the Bill.
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.
Rep. DAVENPORT objected to the Bill.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3745Y), which was adopted.
Amend the bill, as and if amended, by striking Section 9-11-55 as contained in SECTION 1 and inserting:
/Section 9-11-55. A member of the South Carolina Police Officers Retirement System may establish additional creditable service for this system for prior nonpolice service which has never been credited under another state retirement system for which a member of the South Carolina Retirement System may establish additional creditable service. The creditable service is established upon payment of a lump-sum contribution equal to ten percent of his annual earnable compensation at the time of payment for each year of prior service and a proportionate part thereof for a fraction of a year but the special lump-sum contribution may not be less than his earnable compensation in any of the three preceding fiscal years./
Amend title to conform.
Rep. T. 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. 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 CONCERNING 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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 14, 1987, by the Committee on Labor, Commerce and Industry.
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. 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3732Y ), which was adopted.
Amend the bill, as and if amended, in Section 26-1-20 of the 1976 Code, as contained in SECTION 1, lines 5, 6, and 7, by striking /in those counties with a population in excess of one hundred thousand,/ so that when amended Section 26-1-20 shall read:
/Section 26-1-20. No notary public shall may be appointed except upon the endorsement of at least one-half of the members of the legislative delegation representing the county in which the applicant resides. In the alternative, a notary public may be appointed upon endorsement by the Senator and Representative in whose district the applicant resides, without other endorsers. The application shall provide a space to indicate the House and Senate districts in which the applicant resides./
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. J. BRADLEY objected to the Bill.
The amendment was then adopted.
Reps. WINSTEAD and DANGERFIELD objected to the Bill.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3751Y).
Amend the bill, as and if amended, by adding at the end of Section 20-7-957 as contained in SECTION 1:
/No attorney's fees may be awarded if the petitioner is represented by an attorney employed by this State./
When amended Section 20-7-957 shall read:
/"Section 20-7-957. Upon a finding that the putative father is the natural father of the child, the court must shall issue an order designating the putative father as the natural father. The order may establish a duty of support and provide for child support payments in amounts and at a frequency to be determined by the court. The order may also provide for attorney's fees and for other relief which has been properly prayed for in the pleadings and which is deemed reasonable and just by the court the court considers reasonable and just.
Upon a finding that the putative father is not the father of the child, the court must shall issue an order which sets forth this finding.
No attorney's fees may be awarded if the petitioner is represented by an attorney employed by this State."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKINS explained the amendment.
Reps. BLANDING and FABER objected to the Bill.
Rep. WILKINS continued speaking.
Rep. J. BRADLEY objected to the Bill.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3743Y), which was adopted.
Amend the bill, as and if amended, Section 56-5-2945, as contained in SECTION 1, by adding at the end: /The suspension imposed herein is in addition to any other suspension imposed by law arising out of the same set of facts upon which the felony D.U.I. conviction is based./ When amended Section 1 shall read:
/SECTION 1. Section 56-5-2945 of the 1976 Code is amended by adding at the end:
"The South Carolina Department of Highways and Public Transportation shall suspend the driver's license of any person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period of three years. The suspension imposed herein is in addition to any other suspension imposed by law arising out of the same set of facts upon which the felony D.U.I. conviction is based."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Reps. HASKINS, TOAL, CORNING, McCAIN, CLYBORNE, WELLS, McGINNIS, DAVENPORT and FAIR proposed the following Amendment No. 2 (Doc. No. 3966Y), which was adopted.
Amend the report, as and if amended, by striking Section 1 beginning on line 31 and inserting:
/SECTION 1. Section 56-5-2945 of the 1976 Code is amended by adding at the end:
"The South Carolina Department of Highways and Public Transportation shall suspend the driver's license of any person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include any term of imprisonment plus three years."/
Amend title to conform.
Rep. HASKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 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.
Rep. AYDLETTE proposed the following Amendment No. 1 (Doc. No. 3910Y), which was adopted.
Amend the bill, as and if amended, by striking the last sentence of subsection (E) of Section 19-11-110 of the 1976 Code as contained in SECTION 2.
Amend title to conform.
Rep. AYDLETTE explained the amendment.
The amendment was then adopted.
Rep. J. BRADLEY objected to the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. L. PHILLIPS a temporary leave of absence to attend a Highway Commission meeting.
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.
The motion of Rep. LOCKEMY to reconsider the vote whereby Amendment No.2 was adopted was taken up.
Rep. LOCKEMY spoke in favor of the motion to reconsider.
Rep. T. ROGERS moved to table the motion to reconsider, which was not agreed to by a division vote of 6 to 58.
Rep. J. ROGERS spoke against the motion to reconsider.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the motion to reconsider the vote whereby Amendment No. 2 was adopted.
Rep. DAVENPORT withdrew his objection to S. 89.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 2792 be read the third time Monday.
Rep; WILKINS moved that the House recur to the morning hour, which was agreed to.
Rep. P. HARRIS moved to adjourn debate upon the following Bill, which was adopted.
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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
Rep. LOCKEMY moved to adjourn debate upon the following Bill, which was adopted.
H. 2807 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTIONS 44-29-60 THROUGH 44-29-110, 44-29-130 THROUGH 44-29-140, 44-29-190, AND 44-29-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VENEREAL DISEASES, SO AS TO CHANCE THE REFERENCE TO SYPHILIS, GONORRHEA, CHANCROID, AND VENEREAL DISEASES TO SEXUALLY TRANSMITTED DISEASES, REQUIRE PERSONS INFECTED WITH A SEXUALLY TRANSMITTED DISEASE TO IDENTIFY THOSE PERSONS WITH WHOM THEY HAVE HAD SEXUAL CONTACT, REQUIRE PRISONERS WHO HAVE A SEXUALLY TRANSMITTED DISEASE AT THE TIME OF EXPIRATION OF THEIR TERM OF IMPRISONMENT TO BE ISOLATED AND TREATED AT PUBLIC EXPENSE UNTIL IN THE JUDGMENT OF THE LOCAL HEALTH OFFICER THE PRISONER MAY BE MEDICALLY DISCHARGED OR HE MAY BE REQUIRED TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO INCREASE THE PENALTY FOR EXPOSING ANOTHER TO A SEXUALLY TRANSMITTED DISEASE, FOR FAILING TO REPORT, FOR FAILING TO EXAMINE AND TREAT PRISONERS, AND FOR FAILING TO KEEP CONFIDENTIALITY OF RECORDS OF A SEXUALLY TRANSMITTED DISEASE FROM NOT MORE THAN TWENTY DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN TWENTY DAYS TO NOT MORE THAN THIRTY DAYS; AND TO INCREASE THE PENALTY FOR SCHOOL OFFICIALS WHO ADMIT ANY PERSON WITHOUT FIRST SECURING EVIDENCE THAT THE PERSON HAS BEEN VACCINATED AND IMMUNIZED FROM NOT MORE THAN FIFTY DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-29-145 SO AS TO MAKE IT UNLAWFUL FOR ANYONE KNOWINGLY INFECTED WITH ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) TO KNOWINGLY EXPOSE ANOTHER PERSON TO AIDS THROUGH EXCHANGE OF BLOOD PRODUCTS OR BODY FLUIDS.
The following Bill was taken up.
H. 2264 -- Rep. Sheheen: A BILL TO AMEND CHAPTER 1 OF TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS APPLICABLE TO POLITICAL SUBDIVISIONS, SO AS TO ADD SECTION 6-1-50 TO REQUIRE A COUNTY AND MUNICIPALITY WHICH RECEIVES REVENUE FROM STATE AID TO SUBMIT TO THE COMPTROLLER GENERAL ON AN ANNUAL BASIS A FINANCIAL REPORT CONTAINING THE SOURCES OF REVENUE, EXPENDITURES BY CATEGORY, INDEBTEDNESS, AND SUCH OTHER INFORMATION AS THE COMPTROLLER GENERAL REQUIRES, TO PROVIDE THAT THE COMPTROLLER GENERAL, IN CONJUNCTION WITH THE BUDGET AND CONTROL BOARD, THE DIVISION OF RESEARCH AND STATISTICAL SERVICES, SHALL DETERMINE THE CONTENTS OF THE REPORT AND THE DATE OF SUBMISSION, TO REQUIRE A PENALTY FOR FAILURE TO SUBMIT THE REPORT, AND REQUIRE THAT A COMPREHENSIVE REPORT BY THE BUDGET AND CONTROL BOARD, DIVISION OF RESEARCH AND STATISTICAL SERVICES, IN CONJUNCTION WITH THE COMPTROLLER GENERAL, ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, AND THE BUREAU OF GOVERNMENTAL RESEARCH AND SERVICES OF THE UNIVERSITY OF SOUTH CAROLINA BE SUBMITTED TO THE GENERAL ASSEMBLY NO LATER THAN APRIL FIRST OF EACH YEAR; TO AMEND ARTICLE 1 OF CHAPTER 15 OF TITLE 11, RELATING TO THE GENERAL PROVISION DEALING WITH BONDS OF POLITICAL SUBDIVISIONS, SO AS TO REQUIRE COUNTIES AND MUNICIPALITIES TO REPORT ANNUALLY TO THE COMPTROLLER GENERAL A COMPLETE REPORT OF ITS SHORT AND LONG-TERM OBLIGATIONS, AND TO REQUIRE THE COMPTROLLER GENERAL TO PUBLISH AS PART OF HIS ANNUAL REPORT A STATEMENT OF OBLIGATIONS OF ALL POLITICAL SUBDIVISIONS; TO AMEND SECTION 4-9-150, RELATING TO THE REQUIREMENT THAT A COUNTY COUNCIL CONDUCT AN ANNUAL INDEPENDENT AUDIT OF THE FINANCIAL RECORDS AND TRANSACTIONS OF THE COUNTY, SO AS TO REQUIRE THAT A COPY OF THE AUDIT BE SUBMITTED TO THE COMPTROLLER GENERAL NO LATER THAN JANUARY FIRST EACH YEAR FOLLOWING THE CLOSE OF THE BOOKS OF THE PREVIOUS YEAR; TO AMEND SECTION 11-3-190, RELATING TO THE REQUIREMENT THAT ABSTRACTS FOR SETTLEMENT WITH COUNTY TREASURERS BE ENTERED IN A BOOK TO BE KEPT BY HIM, SO AS TO REQUIRE THE ABSTRACTS IN A FILE INSTEAD OF A BOOK; TO AMEND SECTION 12-45-260, RELATING TO THE REQUIREMENT THAT THE COUNTY TREASURER REPORT TO THE COUNTY SUPERVISOR THE AMOUNT OF FUNDS COLLECTED FOR AND ON ACCOUNT OF THE COUNTY AND THE CHARACTER OF THE FUNDS, SO AS TO CHANGE THE DATE THE REPORT IS REQUIRED AND THAT IT MUST BE MADE TO THE CHIEF ADMINISTRATIVE OFFICER OF THE COUNTY INSTEAD OF THE COUNTY SUPERVISOR AND REQUIRE THE REPORT TO CONTAIN THE AMOUNT OF FUNDS RECEIVED INSTEAD OF COLLECTED; TO AMEND SECTION 12-45-280, RELATING TO THE REQUIREMENT THAT THE COUNTY TREASURER'S REPORT TO THE COUNTY SUPERINTENDENT OF EDUCATION AN ITEMIZED STATEMENT OF THE AMOUNTS OF COLLECTION AND DISBURSEMENT BY SCHOOL DISTRICTS MADE BY HIM FOR THE PREVIOUS CALENDAR YEAR ON VARIOUS TAXES, SO AS TO REQUIRE THE REPORT TO BE MADE TO THE CHIEF EXECUTIVE OFFICER OF EACH SCHOOL DISTRICT INSTEAD OF THE COUNTY SUPERINTENDENT OF EDUCATION, PROVIDE FOR COLLECTION INSTEAD OF RECEIPT OF THE AMOUNTS TO BE INCLUDED IN THE REPORT, DELETE REFERENCES TO THE SPECIFIC TAXES REQUIRED TO BE INCLUDED IN THE REPORT AND DELETE THE REQUIREMENT THAT THE COUNTY TREASURER REPORT THE TOTAL AMOUNTS RECEIVED FOR THE PERIOD FROM ANY OTHER TAXES NOT COLLECTED FOR ANY SPECIAL SCHOOL DISTRICT; TO AMEND SECTION 12-45-340, RELATING TO THE REQUIREMENT THAT A SETTLEMENT SHEET BE SIGNED BY THE COUNTY SUPERVISOR, COUNTY TREASURER, AND COUNTY SUPERINTENDENT OF EDUCATION, SO AS TO REQUIRE ONLY THE COUNTY TREASURER TO SIGN THE SETTLEMENT SHEET; AND TO REPEAL SECTIONS 12-45-270 RELATING TO THE COUNTY TREASURER'S MONTHLY REPORT, 12-45-310 RELATING TO THE REQUIREMENT THAT COUNTY SUPERVISORS AND SUPERINTENDENTS OF EDUCATION BE NOTIFIED OF THE DAY OF SETTLEMENT, 12-45-320 RELATING TO THE REQUIREMENT THAT THE AUDITOR OF EACH COUNTY SHALL NOTIFY THE FOREMAN OF THE GRAND JURY AND THE COMPTROLLER GENERAL OF THE DAY UPON WHICH THE SETTLEMENT IS TO BE MADE, AND 12-45-360 RELATING TO THE REQUIREMENT THAT THE COMPTROLLER GENERAL AND THE FOREMAN OF THE GRAND JURY SHALL REPORT ANY IRREGULARITY OR VIOLATION OF LAW TO THE COURT OF GENERAL SESSIONS OF THE COUNTIES WHERE THE IRREGULARITIES OR VIOLATIONS OF LAW HAVE BEEN DISCOVERED.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3807Y), which was adopted.
Amend the bill, as and if amended, in Section 6-1-50 of the 1976 Code, as contained in Section 2 of PART I, page 4, last line of section, by striking /April/ and inserting /June/ so that when amended Section 6-1-50 shall read:
/Section 6-1-50. Counties and municipalities receiving revenues from state aid, currently known as Aid to Subdivisions, shall submit annually to the Comptroller General a financial report detailing sources of revenue, expenditures by category, indebtedness, and other information as the Comptroller General requires. The federal revenue sharing document may be substituted for the financial report as long as it is required by the Federal Office of Revenue Sharing. The Comptroller General, in conjunction with the Budget and Control Board, Division of Research and Statistical Services, shall determine the contents and format of the report and the date of submission. Failure to submit the report shall result in the withholding of ten percent of the current year's state aid. The Budget and Control Board, Division of Research and Statistical Services, is responsible for maintaining existing financial data bases as exists with the federal Office of Revenue Sharing. In conjunction with the Comptroller General, Advisory Commission on Intergovernmental Relations, and the University of South Carolina Bureau of Governmental Research and Service, the Division of Research and Statistical Services of the Budget and Control Board shall produce a comprehensive report of this data and submit it to the General Assembly no later than June first of each year./
Amend further in PART II, page 5, by striking Section 2 which reads:
/Section 2. Article 1 of Chapter 15 of Title 11 of the 1976 Code is amended by adding:
"Section 11-15-100.(A) Counties, municipalities, school districts, and special purpose district shall report annually to the Comptroller General a complete report of their short-term and long-term obligations giving the dates of issue, annual payments of interest, annual payments of principal, the purpose of issuance, the original principal borrowed, and balances of principal left unpaid at the end of each fiscal year. Reports for the counties, school districts, and special purpose districts must be compiled by their respective county treasurers.
(B) The Comptroller General shall prepare and furnish to the county treasurers and municipal officials blank forms upon which the statements required in subsection (A) of this section must be reported.
(C) The Comptroller General shall publish as a part of his annual report a statement of obligations of all political subdivisions showing each municipality, county, special purpose district, and school district in a county-by-county listing."/ and inserting:
/Section 2. Article 1 of Chapter 15 of Title 11 of the 1976 Code is amended by adding:
"Section 11-15-100. (A) Counties, municipalities, school districts, and special purpose districts shall not incur any general obligation or revenue obligation indebtedness unless there has been filed in the office of the State Treasurer the following information:
(1) date and title issue;
(2) type of indebtedness;
(3) the purpose of issuance
(4) the original principal to be borrowed
(5) interest rate
(6) annual payments of principal
(7) annual payments of interest.
(B) The State Treasurer shall prepare and make available to counties, municipalities, school districts, and special purpose districts blank forms upon which the information required in subsection (A) of this section must be reported.
(C) The State Treasurer shall annually survey the counties, municipalities, school districts, and special purpose districts concerning their general obligation and revenue obligation indebtedness so as to maintain a current record of these obligations. The survey must be conducted in such manner and on such forms as the State Treasurer shall prescribe. The survey for counties, school districts, and special purpose districts must be compiled by their respective county treasurers.
(D) On or before December thirty-first of each year following the close of the fiscal year, the State Treasurer shall provide to the Comptroller General a statement of obligations of all political subdivisions showing each municipality, county, special purpose district, and school district in a county-by-county listing. The Comptroller General shall publish the statement as a part of his annual report."/
Amend the title to read:
TO AMEND CHAPTER 1 OF TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS APPLICABLE TO POLITICAL SUBDIVISIONS, SO AS TO ADD SECTION 6-1-50 TO REQUIRE A COUNTY AND MUNICIPALITY WHICH RECEIVES REVENUE FROM STATE AID TO SUBMIT TO THE COMPTROLLER GENERAL ON AN ANNUAL BASIS A FINANCIAL REPORT CONTAINING THE SOURCES OF REVENUE, EXPENDITURES BY CATEGORY, INDEBTEDNESS, AND SUCH OTHER INFORMATION AS THE COMPTROLLER GENERAL REQUIRES, TO PROVIDE THAT THE COMPTROLLER GENERAL, IN CONJUNCTION WITH THE BUDGET AND CONTROL BOARD, THE DIVISION OF RESEARCH AND STATISTICAL SERVICES, SHALL DETERMINE THE CONTENTS OF THE REPORT AND THE DATE OF SUBMISSION, TO REQUIRE A PENALTY FOR FAILURE TO SUBMIT THE REPORT, AND REQUIRE THAT A COMPREHENSIVE REPORT BY THE BUDGET AND CONTROL BOARD, DIVISION OF RESEARCH AND STATISTICAL SERVICES, IN CONJUNCTION WITH THE COMPTROLLER GENERAL, ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, AND THE BUREAU OF GOVERNMENTAL RESEARCH AND SERVICES OF THE UNIVERSITY OF SOUTH CAROLINA BE SUBMITTED TO THE GENERAL ASSEMBLY NO LATER THAN JUNE FIRST OF EACH YEAR; TO AMEND ARTICLE 1 OF CHAPTER 15 OF TITLE 11, RELATING TO THE GENERAL PROVISION DEALING WITH BONDS OF POLITICAL SUBDIVISIONS BY ADDING SECTION 11-15-100 SO AS TO REQUIRE COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, AND SPECIAL PURPOSE DISTRICTS TO FILE CERTAIN INFORMATION IN THE OFFICE OF THE STATE TREASURER PRIOR TO INCURRING ANY GENERAL OBLIGATION OR REVENUE OBLIGATION INDEBTEDNESS UNLESS THEY FILE CERTAIN INFORMATION WITH THE STATE TREASURER, TO REQUIRE THE STATE TREASURER TO ANNUALLY SURVEY THE COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, AND SPECIAL PURPOSE DISTRICTS TO MAINTAIN A CURRENT RECORD OF THEIR OBLIGATIONS, AND REQUIRE THE STATE TREASURER TO PROVIDE THE COMPTROLLER GENERAL A STATEMENT OF OBLIGATIONS OF ALL POLITICAL SUBDIVISIONS; TO AMEND SECTION 4-9-150, RELATING TO THE REQUIREMENT THAT A COUNTY COUNCIL CONDUCT AN ANNUAL INDEPENDENT AUDIT OF THE FINANCIAL RECORDS AND TRANSACTIONS OF THE COUNTY, SO AS TO REQUIRE THAT A COPY OF THE AUDIT BE SUBMITTED TO THE COMPTROLLER GENERAL NO LATER THAN JANUARY FIRST EACH YEAR FOLLOWING THE CLOSE OF THE BOOKS OF THE PREVIOUS YEAR; TO AMEND SECTION 11-3-190, RELATING TO THE REQUIREMENT THAT ABSTRACTS FOR SETTLEMENT WITH COUNTY TREASURERS BE ENTERED IN A BOOK TO BE KEPT BY HIM, SO AS TO REQUIRE THE ABSTRACTS IN A FILE INSTEAD OF A BOOK; TO AMEND SECTION 12-45-260, RELATING TO THE REQUIREMENT THAT THE COUNTY TREASURER REPORT TO THE COUNTY SUPERVISOR THE AMOUNT OF FUNDS COLLECTED FOR AND ON ACCOUNT OF THE COUNTY AND THE CHARACTER OF THE FUNDS, SO AS TO CHANGE THE DATE THE REPORT IS REQUIRED AND THAT IT MUST BE MADE TO THE CHIEF ADMINISTRATIVE OFFICER OF THE COUNTY INSTEAD OF THE COUNTY SUPERVISOR AND REQUIRE THE REPORT TO CONTAIN THE AMOUNT OF FUNDS RECEIVED INSTEAD OF COLLECTED; TO AMEND SECTION 12-45-280, RELATING TO THE REQUIREMENT THAT THE COUNTY TREASURER'S REPORT TO THE COUNTY SUPERINTENDENT OF EDUCATION AN ITEMIZED STATEMENT OF THE AMOUNTS OF COLLECTION AND DISBURSEMENT BY SCHOOL DISTRICTS MADE BY HIM FOR THE PREVIOUS CALENDAR YEAR ON VARIOUS TAXES, SO AS TO REQUIRE THE REPORT TO BE MADE TO THE CHIEF EXECUTIVE OFFICER OF EACH SCHOOL DISTRICT INSTEAD OF THE COUNTY SUPERINTENDENT OF EDUCATION, PROVIDE FOR COLLECTION INSTEAD OF RECEIPT OF THE AMOUNTS TO BE INCLUDED IN THE REPORT, DELETE REFERENCES TO THE SPECIFIC TAXES REQUIRED TO BE INCLUDED IN THE REPORT AND DELETE THE REQUIREMENT THAT THE COUNTY TREASURER REPORT THE TOTAL AMOUNTS RECEIVED FOR THE PERIOD FROM ANY OTHER TAXES NOT COLLECTED FOR ANY SPECIAL SCHOOL DISTRICT; TO AMEND SECTION 12-45-340, RELATING TO THE REQUIREMENT THAT A SETTLEMENT SHEET BE SIGNED BY THE COUNTY SUPERVISOR, COUNTY TREASURER, AND COUNTY SUPERINTENDENT OF EDUCATION, SO AS TO REQUIRE ONLY THE COUNTY TREASURER TO SIGN THE SETTLEMENT SHEET; AND TO REPEAL SECTIONS 12-45-270 RELATING TO THE COUNTY TREASURER'S MONTHLY REPORT, 12-45-310 RELATING TO THE REQUIREMENT THAT COUNTY SUPERVISORS AND SUPERINTENDENTS OF EDUCATION BE NOTIFIED OF THE DAY OF SETTLEMENT, 12-45-320 RELATING TO THE REQUIREMENT THAT THE AUDITOR OF EACH COUNTY SHALL NOTIFY THE FOREMAN OF THE GRAND JURY AND THE COMPTROLLER GENERAL OF THE DAY UPON WHICH THE SETTLEMENT IS TO BE MADE, AND 12-45-360 RELATING TO THE REQUIREMENT THAT THE COMPTROLLER GENERAL AND THE FOREMAN OF THE GRAND JURY SHALL REPORT ANY IRREGULARITY OR VIOLATION OF LAW TO THE COURT OF GENERAL SESSIONS OF THE COUNTIES WHERE THE IRREGULARITIES OR VIOLATIONS OF LAW HAVE BEEN DISCOVERED./
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. LOCKEMY moved to adjourn debate upon the following Bill, which was adopted.
H. 2398 -- Reps. Gregory, White, Wilkins, Day, Hawkins, Short, Derrick, Haskins and Fair: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF THE GOVERNMENT, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR DEFINITIONS OF CERTAIN TERMS IN THE CHAPTER; FOR THE STATE REORGANIZATION COMMISSION TO REVIEW THE REGULATION OF CERTAIN OCCUPATIONS; FOR PUBLIC HEARINGS TO BE HELD AS TO WHETHER OR NOT OCCUPATIONS NOT REGULATED BY THE STATE SHOULD BE REGULATED OR THERE SHOULD BE CHANGES IN LAWS RELATING TO OCCUPATIONS REGULATED BY THE STATE TO INCLUDE THE EXPANSION OF THE DEFINITION OF A PROVISION WHICH ADDS FUNCTIONS THAT REQUIRE LICENSURE, TO PROVIDE A PROCEDURE BY WHICH THE SUBCOMMITTEE OF THE STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE TO WHICH A BILL HAS BEEN REFERRED MAY REQUEST THAT THE COMMISSION CONDUCT THE PUBLIC HEARING OR THAT THE COMMISSION ASSIST THE SUBCOMMITTEE IN CONDUCTING THE HEARING AFTER A BILL HAS BEEN FILED PROPOSING TO REGULATE A CORPORATION NOT REGULATED BY THE STATE; FOR NOTICE OF THE HEARINGS TO THE PUBLIC AND OTHERS AFFECTED BY REGULATIONS; FOR FACTORS TO BE CONSIDERED BY THE COMMISSION IN EVALUATING WHETHER AN OCCUPATION SHOULD BE REGULATED; FOR THE VARIOUS DEGREES OF REGULATION TO BE CONSIDERED IF THE COMMISSION DETERMINES THAT EXISTING REMEDIES DO NOT ADEQUATELY PROTECT THE PUBLIC HEALTH, SAFETY, OR WELFARE; AND TO PROVIDE THAT ALL RECOMMENDATIONS FORMULATED BY THE COMMISSION MUST BE BASED UPON EVIDENCE GATHERED BY THE COMMISSION IN PUBLIC HEARINGS FROM TESTIMONY SUBMITTED ORALLY OR IN WRITING BY INTERESTED PARTIES INCLUDING THE COMMISSION AND UPON EVIDENCE COMPILED BY THE COMMISSION, TO REQUIRE THE RECOMMENDATIONS TO BE MADE IN WRITING AND DELIVERED TO THE CHAIRMAN OF THE SUBCOMMITTEE OF THE STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE TO WHICH A BILL PROPOSING TO REGULATE AN OCCUPATION HAS BEEN REFERRED.
The following Bill was taken up.
H. 2697 -- Reps. Wilkins, J.W. Johnson, Pearce, P. Bradley, Gentry, Dangerfield, T.M. Burriss, Elliott, Boan and Hodges: A BILL TO AMEND ARTICLE 3, CHAPTER 13 OF TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST AND THE ENFORCEMENT OF ALCOHOLIC BEVERAGE CONTROL LAWS, BY ADDING SECTION 61-13-295 SO AS TO PROVIDE THAT IF ANY PERMITTEE OR LICENSEE, OR SERVANT, AGENT, OR EMPLOYEE OF THE PERMITTEE OR LICENSEE PLEADS GUILTY OR NOLO CONTENDERE TO, OR IS CONVICTED OF ANY CRIMINAL OFFENSE WHICH OCCURRED ON THE LICENSED PREMISES, THE CONVICTION OR PLEA CONSTITUTES PROOF THAT THE OFFENSE OCCURRED AND THE RECORD OR A WRITTEN SUMMARY OF THE FACT THEREOF ARE ADMISSIBLE IN AN ADMINISTRATIVE PROCEEDING BEFORE THE COMMISSION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3770Y), which was adopted.
Amend the bill, as and if amended, by striking in its entirety Section 61-13-295 as contained in SECTION 1 and inserting Section 61-13-295 to read:
/"Section 61-13-295. If any permittee or licensee, or servant, agent, or employee of the permittee or licensee pleads guilty or nolo contendere to, or is convicted of any criminal offense which occurred on the licensed premises, the conviction or plea constitutes proof that the offense occurred and the record thereof is admissible in an administrative proceeding before the commission."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 2575 -- Reps. Blackwell, P. Harris, Waldrop and M.O. Alexander: A JOINT RESOLUTION TO PROVIDE AN INCREASE IN THE BASE RETIREMENT BENEFIT FOR RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETIRED PRIOR TO JULY 1, 1972, AND TO PROVIDE THE FORMULA FOR THE INCREASE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3716Y), which was adopted.
Amend the resolution, as and if amended, by striking on line 5 of SECTION 1 /1987/ and inserting /1988/ so that SECTION 1, when amended, shall read:
/SECTION 1. The South Carolina Retirement System shall provide a one-time increase to the base benefit amount of retired members of the system who retired prior to July 1, 1972. The increase commences with the July, 1988, monthly benefit. The increase must be in an amount equal to one dollar for each year of membership service and other creditable service and one dollar for each full year that the member has received benefits under the system. This one-time increase does not affect cost of living benefit adjustments or earnings ceilings provided by law./
Amend title to conform.
Rep. T. ROGERS explained the amendment.
Rep. KIRSH objected to the Joint Resolution.
Rep. T. ROGERS continued speaking.
The amendment was then adopted.
The question then recurred to the passage of the Joint Resolution.
Rep. T. ROGERS demanded the yeas and nays, which were not ordered.
The Joint Resolution, as amended, was read the second time and ordered to third reading by a division vote of 64 to 1.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 2956 -- Reps. Hodges, Boan and Nesbitt: A BILL TO PROVIDE THAT ALL MONITORING, OBSERVATION, RESEARCH, OR OTHER TESTING OF WELLS LOCATED IN THE SIX MILE CREEK DRAINAGE BASIN IN LANCASTER AND YORK COUNTIES MUST BE FIRST APPROVED BY THE SOUTH CAROLINA WATER RESOURCES COMMISSION.
The following Bill was taken up.
H. 2698 -- Reps. Wilkins, J.W. Johnson, Pearce, Elliott, P. Bradley, Gentry and Dangerfield: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CERTAIN RELATIONSHIPS AND TRANSACTIONS BETWEEN BEER WHOLESALERS, MANUFACTURERS, AND RETAILERS SO AS TO FURTHER PROVIDE FOR THESE PROHIBITED RELATIONSHIPS AND TRANSACTIONS, INCLUDING PROVISIONS WHICH PROHIBIT ANY PERSON FROM HAVING OWNERSHIP OR FINANCIAL INTERESTS IN MORE THAN ONE "TIER" OF THE BEER BUSINESS, DEFINE "TIERS" FOR THIS PURPOSE, AND TO PROVIDE EXCEPTIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 3772Y), which was adopted.
Amend the bill, as and if amended, subsection (A) of Section 61-9-315 as contained in SECTION 1, by inserting following /retail/ on the last line /or wholesale/.
When amended subsection (A) of Section 61-9-315 as contained in SECTION 1 shall read:
(c) (A) A manufacturer or brewer of beer, ale, porter, or other malt beverages or any person who imports such these products produced outside the United States shall not sell, barter, exchange, transfer, or deliver for consumption resale any beer to any person not having a wholesale permit granted under Section 61-9-310, and a holder of a wholesale permit shall not sell, barter, exchange, transfer, or deliver for consumption resale any beer to any person not having a retail or wholesale permit.
Amend the bill further, by striking in its entirety subsection (C) of Section 61-9-315 as contained in SECTION 1 and inserting a new subsection (C) to read:
/(C) Notwithstanding subsection (B), a wholesaler may furnish at no charge to the holder of a retail permit draft beer equipment replacement parts of nominal value, including washers, gaskets, hoses, hose connectors, clamps and tap markers; party wagons for temporary use; and point of sale advertising specialties. a wholesaler may also furnish the following services to a retailer:
cleaning draught lines, setting boxes, rotating stock, affixing price tags to beer products, and building beer displays./
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
The amendment was then adopted.
Rep. BEASLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.
Rep. J.C. JOHNSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 3019 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 52-7-20 AND 52-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AND COUNTY ATHLETIC COMMISSIONS, SO AS TO PERMIT THE CHAIRMAN OF THE STATE ATHLETIC COMMISSION TO CALL ADDITIONAL MEETINGS AND TO REQUIRE THAT HE CALL A MEETING UPON DIRECTION OF A MAJORITY OF THE COMMISSIONERS, TO REQUIRE THE APPOINTING BODY OF MEMBERS TO THE COUNTY ATHLETIC COMMISSIONS INSTEAD OF THE COUNTY COMMISSION TO FILE A RECORD OF APPOINTEES WITH THE STATE ATHLETIC COMMISSION, TO PROVIDE THAT THE COUNTY ATHLETIC COMMISSION SELECT ITS CHAIRMAN AND OFFICERS WHO SHALL RECEIVE PER DIEM, MILEAGE, AND SUBSISTENCE AS AUTHORIZED BY THE COUNTY, AND TO PROHIBIT A PERSON FROM SERVING ON BOTH THE STATE AND COUNTY ATHLETIC COMMISSIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 52-7-15 AND 52-7-25 SO AS TO REQUIRE THE STATE ATHLETIC COMMISSION TO SELECT A CHAIRMAN AND OTHER OFFICERS AND PROVIDE THAT THE CHIEF OF THE STATE ATHLETIC COMMISSION MAY RECEIVE COMPENSATION AS PROVIDED BY THE GENERAL ASSEMBLY.
Rep. AYDLETTE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 3020 -- Labor, Commerce and Industry Committee: a BILL TO AMEND ACT 423 OF 1986, RELATING TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE THE REQUIRED JULY 1, 1989 EXPIRATION DATE OF THE COUNCIL, AND AMEND SECTION 1-20-50, RELATING TO TERMINATION DATES OF CERTAIN STATE AGENCIES AND THEIR REAUTHORIZATION, SO AS TO INCLUDE THE COORDINATING COUNCIL IN THE LIST OF AGENCIES WITH A JUNE 30, 1991 TERMINATION DATE.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 317 -- Senator Drummond: A BILL TO REAUTHORIZE THE BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
Reps. HENDRICKS, KOON, FOXWORTH, HEARN, T.M. BURRISS and G. BAILEY objected to the Bill.
The following Joint Resolution was taken up.
H. 2753 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 822, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LOCKEMY explained the Joint Resolution.
Rep. ARTHUR objected to the Joint Resolution.
The following Bill was taken up.
S. 581 -- Senators Shealy, Giese and Fielding: A BILL TO AMEND SECTIONS 52-7-20 AND 52-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AND COUNTY ATHLETIC COMMISSIONS, SO AS TO PERMIT THE CHAIRMAN OF THE STATE ATHLETIC COMMISSION TO CALL ADDITIONAL MEETINGS AND TO REQUIRE THAT HE CALL A MEETING UPON DIRECTION OF A MAJORITY OF THE COMMISSIONERS, TO REQUIRE THE APPOINTING BODY OF MEMBERS TO THE COUNTY ATHLETIC COMMISSIONS INSTEAD OF THE COUNTY COMMISSION TO FILE A RECORD OF APPOINTEES WITH THE STATE ATHLETIC COMMISSION, TO PROVIDE THAT THE COUNTY ATHLETIC COMMISSION SELECT ITS CHAIRMAN AND OFFICERS WHO SHALL RECEIVE PER DIEM, MILEAGE, AND SUBSISTENCE AS AUTHORIZED BY THE COUNTY, AND TO PROHIBIT A PERSON FROM SERVING ON BOTH THE STATE AND COUNTY ATHLETIC COMMISSIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 52-7-15 AND 52-7-25 SO AS TO REQUIRE THE STATE ATHLETIC COMMISSION TO SELECT A CHAIRMAN AND OTHER OFFICERS AND PROVIDE THAT THE CHIEF OF THE STATE ATHLETIC COMMISSION MAY RECEIVE COMPENSATION AS PROVIDED BY THE GENERAL ASSEMBLY.
Rep. AYDLETTE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The SPEAKER Pro Tempore granted Rep. ALTMAN a leave of absence to attend a Coastal Council meeting.
The following Bill was taken up.
H. 2101 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE FOR ADMISSION TO PSYCHIATRIC TREATMENT FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS WELL AS MENTAL HEALTH FACILITIES APPROVED BY THE DEPARTMENT OF MENTAL HEALTH AND TO MAKE CHANGES IN THE PROCEDURE FOR EMERGENCY ADMISSIONS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 2206Y), which was adopted.
Amend the bill, as and if amended, by striking subsection (B) of Section 44-17-410 as contained in SECTION 1 in its entirety and inserting:
/(B) Prior to the emergency admission of any person to a facility of the Department of Mental Health, a designated clinician for the mental health center serving the county in which the person resides must be contacted by the examining physician to inform the mental health center of the mental and physical treatment needs of the person. The designated clinician at the mental health center shall inform the physician of the options available so as to aid the examining physician in making the most appropriate treatment referral. The options shall include:
(1)admittance for inpatient psychiatric services as an emergency admission pursuant to this section;
(2) admittance to a general hospital or clinic for treatment of an acute medical condition which has been masked by or created the patient's mental symptoms;
(3) admittance to community or state resources and programs as may be available for alcohol detoxification, treatment of alcoholism/drug addiction, crisis stabilization, outpatient mental health services, and other mental health services./
Amend the bill further by striking SECTION 2 and inserting:
/SECTION 2. The Department of Mental Health shall implement a three year plan for development of appropriate community resources and programs for the disposition of an emergency admission. These services shall include, but not be limited to, intensive case management, structured intensive care, short-term stabilization, and short-term holding units.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber subsections and sections to conform.
Amend title to conform.
Rep. E.B. McLEOD explained the amendment.
The amendment was then adopted.
Rep. D. MARTIN proposed the following Amendment No. 2 (Doc. No. 2421Y), which was adopted.
Amend the bill, as and if amended, in Section 44-17-410(A) by striking line 1 through the end of item (2) on page 2 and inserting:
/Section 44-17-410. (A) Any person may be admitted to a hospital, a state hospital, a mental health clinic a psychiatric treatment facility licensed by the Department of Health and Environmental Control, or a state mental health facility approved by the Department of Mental Health for emergency admission upon:
(1) Written application under oath by any person stating:
(a) his belief that the person is mentally ill and because of his condition is likely to cause serious harm to himself or others if not immediately hospitalized;
(b) the specific type of serious harm thought probable if the person is not immediately hospitalized;
(c) the factual basis for this belief.
(2) A certification in triplicate by at least one licensed physician, who is not the same person as the applicant for emergency admission, stating that he has examined the person and is of the opinion that he is mentally ill and because of his condition is likely to cause harm to himself through neglect, inability to care for himself, personal injury or otherwise or to others if not immediately hospitalized. The certification shall contain the grounds for the opinion.
A person with respect to whom a certificate has been issued may not be admitted on the basis thereof at any time after the expiration of three calendar days after the date of his examination./
Amend title to conform.
Rep. D. MARTIN explained the amendment.
The amendment was then adopted by a division vote of 51 to 0.
Rep. D. MARTIN proposed the following Amendment No. 3 (Doc. No. 2420Y), which was tabled.
Amend the bill, as and if amended, by adding at the end of item (2) on page 2:
/If, upon examination, the physician does not find the alleged mentally ill person in need of hospitalization, he shall state the grounds for his opinion and whatever alternate disposition is made, if any, and sign his name./
Amend title to conform.
Rep. D. MARTIN explained the amendment.
Rep. E.B. McLEOD spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. D. MARTIN proposed the following Amendment No. 4 (Doc. No. 2424Y), which was tabled.
Amend the bill, as and if amended, by striking all of Section 1 from the beginning of item (3) on page 2 through the end of the section and inserting:
/(3) Within forty-eight hours after his admission, exclusive of Saturdays, Sundays, and legal holidays, the place of admission shall must forward the application and certification to the probate court of the county in which the person resides or where the acts or conduct leading to his hospitalization occurred.
With each application and certification, the treatment facility shall also provide the court with a designated examiner appointment from listing the names of two designated examiners at the treatment facility.
If the court appoints these two designated examiners, the examination must be performed at the treatment facility and a report must be submitted to the court within seven days, exclusive of Saturdays, Sundays, and legal holidays, from the date of admission. The court may appoint independent designated examiners who shall submit a report to the court within the time allotted above. In the process of examination by the designated examiners, previous hospitalization records must be considered. At least one of the examiners appointed by the court shall be a licensed physician.
If the report of the designated examiners is that the patient is not mentally ill, the court shall dismiss the petition and the patient must be immediately discharged by the facility.
If the report of the designated examiners is that the patient is mentally ill, the court may order that the person be detained at the place of his admission, appoint counsel for him if he has not retained counsel, and shall fix a date for a full hearing to be held pursuant to Section 44-17-570 within twenty days from the date of his admission. The court shall give notice of the hearing pursuant to Section 44-17-420.
The examiners's report must be available to the person's counsel prior to the full hearing. The person must be given the opportunity to request an independent designated examiner pursuant to Section 44-17-530. Within five days after the person's admission, exclusive of Saturdays, Sundays, and legal holidays, the probate court, if it finds the application and certification are valid on their face, may order that the person be detained at the place of his admission, appoint counsel for him if he has not retained counsel and shall fix a date for a full hearing to be held pursuant to Section 44-17-570 within eighteen days from the date of his admission. The court shall give notice of the hearing pursuant to Section 44-17-420.
The probate court, if continued hospitalization and a hearing is ordered shall cause the person to be examined by two designated examiners, one of whom must be a licensed physician. The examiners' report must be available to the person's counsel prior to the full hearing. The person must be given the opportunity to request an independent designated examiner pursuant to Section 44-17-530.
(4) Prior to the emergency admission of any person to a facility of the Department of Mental Health, a designated clinician for the mental health center serving the county in which the person resides must be contacted by the examining physician, if at all feasible, to inform the mental health center of the mental and physical treatment needs of the person. The designated clinician at the mental health center shall inform the physician of the options available so as to aid the examining physician in making the most appropriate treatment referral. The options must include:
(a) admittance for inpatient psychiatric services as an emergency admission pursuant to this section;
(b) admittance to a general hospital or clinic for treatment of an acute medical condition which has been masked by or created the patient's mental symptoms;
(c) admittance to community or state resources and programs as may be available for alcohol detoxification, treatment of alcoholism/drug addiction, crisis stabilization, outpatient mental health services, and other mental health services.
(5) The Department of Mental Health shall implement a three year plan for development of appropriate community resources and programs for the disposition of an emergency admission. These services shall include, but not be limited to, intensive case management, structured intensive care, short-term stabilization, and short-term holding units./
Amend title to conform.
Rep. D. MARTIN explained the amendment.
Rep. WHITE spoke against the amendment.
Rep. HAWKINS moved to table the amendment, which was agreed to.
The SPEAKER Pro Tempore granted Rep. McLELLAN a leave of absence for the remainder of the day.
Rep. WHITE proposed the following Amendment No. 5, which was adopted.
Amend the Committee amendment by inserting at the end of 44-17-410(B) the following:
For purposes of carrying out the provisions of 44-17-410(B), the following persons can act as designated clinicians:
1. Nurses who are licensed by the State with four years psychiatric experience or a Master's degree with licensure and two years psychiatric experience.
2. Counselors who have a Master's degree in counseling plus two years related experience.
3. Psychologists who have the Ph.D. in psychology plus one year related experience or a Master's degree plus two years related experience.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, K. Baker Beasley Blackwell Bradley, P. 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 Gilbert Gregory Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lewis Martin, L. Mattos McAbee McCain McElveen McGinnis McLeod, E.B. McLeod, J.W. Nesbitt Pettigrew Petty Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Taylor Thrailkill Toal Tucker Waldrop Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
Bradley, J. Foxworth Holt Mappus Martin, D. McEachin Phillips, O.
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. P. HARRIS asked unanimous consent that H. 2101 be read a third time Monday.
Rep. J. BRADLEY objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 2162 -- Reps. Edwards and D. Martin: A BILL TO AMEND SECTIONS 7-15-310 AND 7-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING, SO AS TO AMEND THE DEFINITION OF "IMMEDIATE FAMILY" TO INCLUDE GRANDPARENTS, GRANDCHILDREN, AUNTS, UNCLES, NIECES, AND NEPHEWS; AND TO PROVIDE THAT THE ENVELOPE IN WHICH A VOTER PLACES AN ABSENTEE BALLOT MUST BE MARKED "BALLOT HEREIN", TO PROVIDE THAT THE ENVELOPE MAY BE DELIVERED PERSONALLY, BY MAIL, OR BY AN AUTHORIZED PERSON, AND TO PROVIDE A PROCEDURE FOR DELIVERY BY AN AUTHORIZED PERSON.
Rep. WILKINS explained the Senate amendments.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. T. ROGERS moved that the House do now adjourn, which was rejected.
The following Bill was taken up.
S. 503 -- Senators Nell W. Smith and Pope: A BILL TO AMEND ACT 480 OF 1986, RELATING TO THE REGULATION OF THE SALE, USE, AND STORAGE OF EXPLOSIVES, SO AS TO DECREASE THE REQUIRED AMOUNT OF LIABILITY INSURANCE OF BLASTERS.
Rep. J. BRADLEY moved to table the Bill, which was not agreed to by a division vote of 9 to 61.
Rep. J. BRADLEY moved to continue the Bill, which was not agreed to.
The Bill was then read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up.
H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS. PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND A POSSESSION LIMIT; AND TO INCREASE PENALTIES.
The question then recurred to the passage of the Bill.
Rep. AYDLETTE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, K. Baker Baxley Blackwell Bradley, P. Brown, G. Brown, H. Burriss, J.H. Burriss, N.D. Burriss, T.M. Clyborne Cooper Cork Corning Davenport Day Derrick Elliott Evatt Foxworth Gregory Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Lewis Mappus Martin, L. McCain McEachin McElveen McGinnis McLeod, E.B. McTeer Nesbitt Nettles Pearce Pettigrew Petty Rhoad Rice Rudnick Sheheen Shelton Short Simpson Thrailkill Toal Townsend Tucker Waldrop Wells White Wilder Wilkins
Those who voted in the negative are:
Arthur Aydlette Bailey, G. Barfield Bradley, J. Dangerfield Holt Jones Koon Limehouse Lockemy Martin, D. McLeod, J.W. Moss Phillips, O. Rogers, T. Sharpe Whipper
So, the Bill was read the third time, and ordered sent to the Senate.
The following Bill was taken up.
H. 2524 -- Reps. Haskins, J.W. McLeod, H. Brown, C. 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. T. ROGERS spoke against the Bill.
The SPEAKER granted Rep. TOAL a leave of absence for the remainder of the day.
Rep. T. ROGERS continued speaking.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. HASKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. T. ROGERS continued speaking.
Rep. J. BRADLEY moved to continue the Bill, which was not agreed to.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bradley, J. Fair Hayes Kay Keyserling Rogers, T. Rudnick Thrailkill Tucker
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Evatt Faber Foxworth Gilbert Harris, J. Harris, P. Harvin Haskins Hawkins Hearn Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Sharpe Sheheen Shelton Short Simpson Townsend Whipper White Wilder Wilkins
So, the House refused to continue the Bill.
Rep. BEASLEY moved immediate cloture on the entire matter.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. L. MARTIN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The question then recurred to the motion that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bailey, K. Bradley, J. Burriss, M.D. Carnell Foxworth Gregory Harris, P. Hendricks Holt Keyserling Rudnick Simpson Thrailkill Townsend White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Evatt Faber Fair Felder Gilbert Harris, J. Harvin Haskins Hawkins Hayes Hearn Hodges Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Koon Lewis Lockemy Mappus Martin, D. Martin, L. McAbee McBride McCain McEachin McElveen McGinnis McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Sharpe Sheheen Shelton Stoddard Tucker Whipper Wilder Wilkins
So, the House refused to adjourn.
The question then recurred to the motion to invoke immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, N.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Evatt Faber Gilbert Gregory Harvin Haskins Hawkins Hendricks Hodges Holt Huff Johnson, J.W. Kay Keyserling Kirsh Lewis Lockemy Mappus Martin, D. Martin, L. McBride McCain McEachin McGinnis McLeod, E.B. McLeod, J.W. McTeer Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rice Sharpe Sheheen Shelton Short Simpson Wells Whipper Wilder Wilkins
Those who voted in the negative are:
Arthur Bradley, J. Bradley, P. Derrick Hayes Klapman Koon Limehouse McElveen Moss Pettigrew Rudnick Taylor Thrailkill Townsend Tucker
So, having received the necessary vote, immediate cloture was ordered.
Rep. T. ROGERS continued speaking.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. CARNELL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. T. ROGERS continued speaking.
Rep. SIMPSON spoke in favor of the Bill.
Rep. RUDNICK spoke against the Bill.
The SPEAKER granted Rep. PEARCE a leave of absence for the remainder of the day.
Rep. RUDNICK continued speaking.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. HASKINS 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.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Arthur Bailey, K. Bradley, J. Burriss, M.D. Carnell Chamblee Day Fair Foxworth Gregory Harris, P. Hayes Hendricks Keyserling Lewis Mattos McBride Ogburn Phillips, O. Rice Rogers, T. Rudnick Short Simpson Taylor Thrailkill Tucker Waldrop Whipper
Those who voted in the negative are:
Alexander, T.C. Aydlette Bailey, G. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, P. Brown, G. Brown, N. Brown, J. Burriss, J.H. Burriss, T.M. Clyborne Cooper Cork Corning Dangerfield Davenport Derrick Evatt Faber Felder Gilbert Harris, J. Harvin Haskins Hawkins Hearn Helmly Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Klapman Koon Lockemy Martin, D. Martin, L. McCain McEachin McElveen McGinnis McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, L. Rhoad Rogers, J. Sharpe Sheheen Shelton Stoddard Sturkie Townsend Wells White Wilder
So, the House refused to adjourn.
Rep. RUDNICK continued speaking. Rep. J. BRADLEY spoke against the Bill.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. HASKINS 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.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bradley, J. Chamblee Fair Harris, P. Hayes Kay Keyserling Lewis Rudnick Short Simpson Thrailkill Townsend Tucker Whipper
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, P. Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cooper Cork Corning Dangerfield Davenport Derrick Evatt Faber Foxworth Gilbert Harris, J. Harvin Haskins Hawkins Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kirsh Klapman Limehouse Lockemy Martin, D. Martin, L. McCain McEachin McElveen McGinnis McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Sharpe Sheheen Shelton Stoddard Sturkie Waldrop Wells White Wilder
So, the House refused to adjourn.
The question then recurred to the passage of the Bill, which was agreed to, and it was ordered sent to the Senate.
Rep. McEACHIN moved that the House do now adjourn.
Rep. J. BRADLEY raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. P. HARRIS moved that the House recede for fifteen minutes and then stand adjourned, which was adopted.
Rep. HELMLY moved to reconsider the vote whereby debate was adjourned until Thursday, April 23 on H. 2639, and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 3027 -- Reps. Edwards, Davenport, Ferguson, Hawkins, McGinnis, Petty, Russell and Wells: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. VIRGINIA SOMERS MAXWELL MANNING OF SPARTANBURG, MOTHER OF FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, SAM MANNING, UPON HER DEATH.
H. 3028 -- Reps. Petty and Wilkins: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE RECENT DEATH OF MR. JOHN T. WILKINS, SR., OF SPARTANBURG COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3029 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. WILLIAM HAZEL McCOY OF OSWEGO, SUMTER COUNTY, ON THE SPLENDID OCCASION OF THEIR GOLDEN WEDDING ANNIVERSARY AND EXTENDING THEM BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.
H. 3039 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. TOM O'CONNOR OF ANDERSON ON HIS BEING HONORED AS "VOLUNTEER OF THE YEAR" BY THE UNITED STATES ARMY CORPS OF ENGINEERS, SOUTH ATLANTIC DIVISION.
H. 3040 -- Rep. Thrailkill: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO SARAH LAWRIMORE OF THE BUCKSPORT COMMUNITY IN HORRY COUNTY ON RECEIVING THE LEO G. KNAUFF AWARD AS THE RURAL LADY OF THE YEAR.
At 12:55 P.M. the House in accordance with the motion of Rep. P. HARRIS adjourned to meet at 10:00 A.M. Monday.
This web page was last updated on
Tuesday, June 30, 2009 at 1:39 P.M.