Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, in Whom we trust and by Whose goodness we have been brought to this hour, bless in keeping with Your wisdom the members of this House of Representatives, its clerks and attaches and all others connected with its important work. Give each one health for the tasks before us, prudent judgments for the decisions to be made, and a clear perception of the problems at hand. Give to us a desire for fair play, honest dealings, understanding charity, and a greater trust in You. Cause us to know that none of us can do everything, but all of us can do something for the good of this great State and those who live in it.
Hear us in this our humble prayer. 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 were received and referred to the Committee on Invitations and Memorial Resolutions.
January 29, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
P.O. Box 11867
Columbia, South Carolina 29211
Dear Rep. Foster:
My staff and I wish to extend an invitation to the members of the House of Representatives and the Senate and spouses to join us at the S.C. Criminal Justice Academy for an Open House and Bar-be-que to be sponsored by the Law Enforcement Training Council in the Spring.
After checking your calendar, we're planning this event for Tuesday, May 5, 1987, from 6:00 PM to 8:00 PM. We hope it will be a very interesting and enjoyable evening and we look forward to having you join us.
Sincerely,
John A. O'Leary
Executive Director
March 18, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
P.O. Box 11867
Columbia, South Carolina 29211
Dear Rep. Foster:
I am requesting, on behalf of Judge Berry Mobley, President of the South Carolina Conference of Family Court Judges, that the House Invitations Committee consider the acceptance of an invitation from the Conference to the House of Representatives to a reception in honor of the General Assembly on Wednesday, the 6th of May, 1987 from 6:00 p.m. - 8:00 p.m., at the Radisson Hotel.
We would appreciate consideration of the acceptance of the invitation by you and the other members of the Committee.
With kind personal regards, I remain,
Sincerely.
William M. Campbell
February 4, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
P.O. Box 11867
Columbia, South Carolina 29211
Dear Rep. Foster:
The Board of Trustees, Administration and Alumni Association of the Wil Lou Gray Opportunity School would like to extend an invitation to members of the House, spouses or guest, to attend a legislative appreciation dinner on Wednesday, May 13, 1987 from 7:00 - 8:30 p.m. at the Opportunity School.
Last year the legislature deemed it appropriate to honor Miss Wil Lou Gray by commissioning a portrait of her that was prominently hung in the State House. We would like to use this occasion to express our appreciation to the General Assembly for its recognition of Miss Wil Lou and its support for the continuation of her work through the Opportunity School. We also would like to use the occasion to introduce to the members of the legislature the Board of Directors of the newly formed Wil Lou Gray Foundation. The Foundation will help support the important work done by the school with young people.
A legislative appreciation dinner was an annual event of the Opportunity School in past years. We all are excited about reviving this tradition and request that the invitation committee place this event on the House Calendar.
Sincerely,
Sam F. Drew, Jr.
Superintendent
April 6, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
P.O. Box 1 1867
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina Diary Association wishes to extend to the members of the South Carolina House of Representatives, an invitation to a June Dairy Fest Breakfast on Thursday, May 14, 1987 from 8:00 - 10:00 A.M. The breakfast will be held at Charlton Hall Galleries, 929 Gervais Street, Columbia, S.C.
Sincerely,
Kelly Smith
Executive Secretary
January 19, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
P.O. Box 11867
Columbia, South Carolina 29211
Dear Rep. Foster:
A group of non-partisan Citadel graduates throughout South Carolina has been holding an annual Citadel Alumni Barbeque to honor the General Assembly, Constitutional Officers, Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Circuit Court. The barbeque is representative of our desire to continue our personal involvement in our State's political process. This year's Twelfth Annual Barbeque will be held on Tuesday, May 19, 1987 at 6:30 p.m. in the Cantey Building at the State Fairgrounds. Dress will be casual.
We would like to extend an invitation to you and the members of the House of Representatives to be our honored guests for the evening. We would also like to include your staff personnel, clerks, and attaches. A formal invitation will be sent to you and to the members of the House about 10 days prior to the dinner. I am sending this information to you in order for this date to be placed on the House calendar.
We are looking forward to having you, the members of the House, and your staff members with us on this evening.
Sincerely,
Thomas S. Linton, Jr.
March 25, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
P.O. Box 11867
Columbia, South Carolina 29211
Dear Rep. Foster:
In recognition of National Tourism Week, regional tourism organizations throughout South Carolina would like to invite the members of the state's House of Representatives to attend a continental breakfast on Wednesday, May 20, 1987, from 8:30 a.m. to 10:30 a.m. in the old Ways and Means Committee room.
Now in its third year, National Tourism Week (May 17-23, 1987) is a nationwide awareness program and celebration that highlights the importance and economic impact of travel and tourism for all Americans.
Tourism, as South Carolina's rapidly growing second largest industry, provides jobs for more than 85,000 of our citizens. Last year, visitors to our state spent more that $3.75 billion, a growth rate in expenditures of over 53% during the past five years!
This breakfast is one of the many events and activities scheduled to celebrate National Tourism Week and will enable travel and tourism leaders from throughout the Palmetto State to personally meet and thank representatives for their ongoing support of South Carolina's vital travel industry.
Sincerely,
Barbara J. Ware
Tourism Director
January 26, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
P.O. Box 11867
Columbia, South Carolina 29211
Dear Rep. Foster:
The South Carolina Travel and Tourism Forum would like to extend an invitation to you and members of the House of Representatives to attend a reception in your honor on Wednesday, May 20, 1987, from 6:00 - 8:00 p.m. at the Columbia Marriott Hotel.
We expect to have a large number of tourism and travel industry leaders on hand from across the state for this, our first legislative reception. The reception is being planned as one of several special activities during National Tourism Week.
With warmest regards, I am
Sincerely yours,
Ashby Ward, Chairman
RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED
The following was received.
April 21, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 786)
Dear Mrs. Shealy:
The South Carolina State Board of Architectural Examiners is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to the Practice of Architecture.
These regulations have been referred to the Labor, Commerce and Industry Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
Columbia, S.C., April 16, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 98, and the Report of Conference having been adopted by both houses:
S. 98 -- Senator Peeler: A BILL TO AMEND SECTION 16-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILLEGAL USE OF STINK BOMBS, TEAR-GAS BOMBS, AND SIMILAR DEVICES, SO AS TO ADD SMOKE BOMBS AND SIMILAR DEVICES; TO PROVIDE THAT THE USE OF SUCH A DEVICE WHICH MAY INFLICT INJURY OR CAUSE FEAR SUFFICIENT TO INCITE A RIOT OR CONDITIONS OF PANIC IS UNLAWFUL; TO ADD STADIUMS AND ARENAS AND SIMILAR STRUCTURES AS LOCATIONS WHERE THE USE OF THE DEVICES ARE UNLAWFUL; TO INCREASE THE PENALTIES FOR VIOLATIONS FROM IMPRISONMENT FOR NOT MORE THAN ONE YEAR AND A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH, TO IMPRISONMENT FOR NOT MORE THAN FIVE YEARS OR A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS, OR BOTH; AND TO PROVIDE THAT THE COURT MAY ORDER ALL OR A PORTION OF A FINE TO BE PAID TO PERSONS INJURED AS A RESULT OF THE VIOLATION TO RECOVER NECESSARY MEDICAL EXPENSES.
has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 5
Received as information.
The following was received.
Columbia, S.C., April 16, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Thomas E. Smith, Jr., Pope and Hayes of the Committee of Free Conference on the part of the Senate on H. 2159:
H. 2159 -- Reps. Hearn, Day, Moss, Limehouse, Wilkins, Haskins, Toal and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-27-15 SO AS TO PROVIDE INTERPRETERS FOR A DEAF PERSON WHO IS PARTY TO ANY LEGAL PROCEEDING OR A WITNESS THEREIN OR CONFINED TO ANY INSTITUTION.
Very respectfully,
President
No. 5
Received as information.
The following was received.
Columbia, S.C., April 16, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 2159:
H. 2159 -- Reps. Hearn, Day, Moss, Limehouse, Wilkins, Haskins, Toal and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-27-15 SO AS TO PROVIDE INTERPRETERS FOR A DEAF PERSON WHO IS PARTY TO ANY LEGAL PROCEEDING OR A WITNESS THEREIN OR CONFINED TO ANY INSTITUTION.
Very respectfully,
President
No. 6
Received as information.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 2387 -- Reps. McGinnis, C. Bailey, Hawkins, Beasley, Neilson, Nesbitt, Petty, Wells, Blackwell, O. Phillips, Day, Arthur, Kirsh, Shelton, Mattos, Hodges, J. Harris, P. Bradley, T.C. Alexander, Williams, McTeer, McCain, Whipper, E.B. McLeod, Klapman, Kay, Chamblee, Huff, K. Bailey, Cork, J.C. Johnson, Cooper, Barfield, Tucker, Gordon, Hearn, Waldrop, Winstead, Limehouse, Rhoad, Haskins, Gregory, Faber, McBride and Sturkie: A BILL TO AMEND SECTION 50-9-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE HUNTING AND FISHING LICENSES FOR TOTALLY AND PERMANENTLY DISABLED RESIDENTS, SO AS TO PROVIDE THAT THEY MAY SECURE FREE BIG-GAME PERMITS AND TO REPEAL SECTION 50-9-840 WHICH DUPLICATES THE PROVISIONS OF SECTION 50-9-260.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 119 -- Senators Garrison and Giese: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.
Ordered for consideration tomorrow.
The following was introduced:
H. 3041 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE MRS. MARY ELLEN WRIGHT NEWMAN OF LEE COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 668 -- Senators Land and Leventis: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. HUBERT DUVALL OSTEEN, OF SUMTER, THE DEAN OF NEWSPAPERMEN IN SOUTH CAROLINA AND CHAIRMAN OF OSTEEN PUBLISHING COMPANY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 672 -- Senators Wilson, Thomas E. Smith, Jr., Macaulay and Giese: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO CHARLES E. LEE, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY, UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3044 -- Reps. Hodges and Boan: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF TROOPER FIRST CLASS ROBERT P. PERRY, JR., OF LANCASTER COUNTY, WHO DIED ON WEDNESDAY, APRIL 15, 1987.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3045 -- Reps. J.C. Johnson, Carnell and McAbee: A CONCURRENT RESOLUTION TO CONGRATULATE MISS LISA MICHELLE DANTZLER OF LEXINGTON COUNTY ON THE FINE JOB SHE HAS DONE AS PRINCESS OF FLOWERS XIX FOR THE TWENTIETH ANNUAL SOUTH CAROLINA FESTIVAL OF FLOWERS WHICH IS HELD IN GREENWOOD EACH 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. 3042 -- Reps. Harvin, McBride, Blackwell, Foxworth, Haskins, Winstead, Klapman, Snow, M.O. Alexander, Petty, Neilson and Gregory: A BILL TO CLARIFY THE DESCRIPTION OF THE STATE FLAG OF SOUTH CAROLINA AND TO STANDARDIZE THE DESIGN OF THE PALMETTO TREE AND THE CRESCENT DISPLAYED UPON IT.
Rep. KLAPMAN asked unanimous consent to have the Bill placed on the calendar without reference.
Rep. SHARPE objected.
Referred to Committee on Education and Public Works.
H. 3043 -- Reps. Simpson and Hendricks: A BILL TO AMEND SECTION 43-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO EIGHT MEMBERS, PROVIDE THAT THE ADDITIONAL MEMBER MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FROM THE STATE AT LARGE FOR A FOUR-YEAR TERM AND MUST BE A MEMBER IN GOOD STANDING OF A LIONS CLUB IN THIS STATE, AND PROVIDE THAT THE GOVERNOR SHALL SELECT THIS ADDITIONAL MEMBER FROM A LIST SUBMITTED BY THE STATEWIDE ORGANIZATION OF LIONS INTERNATIONAL; AND TO PROVIDE FOR THE COMMENCEMENT OF THE INITIAL TERM OF THIS ADDITIONAL MEMBER.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 194 -- Senators Macaulay and Drummond: 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. McLELLAN asked unanimous consent to have the Bill placed on the calendar without reference.
Rep. DAVENPORT objected.
Referred to Committee on Ways and Means.
S. 262 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING THE PARKING PRIVILEGES OF HANDICAPPED PERSONS, SO AS TO PROVIDE FOR A MINIMUM MONETARY FINE OF TWENTY-FIVE DOLLARS.
Referred to Committee on Judiciary.
S. 437 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-1620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF SHRIMP BY CAST NET IN BAITED AREAS, SO AS TO PROVIDE THAT TAKING SHRIMP IN BAITED AREAS IS UNLAWFUL BY MEANS OF ANY DEVICE OTHER THAN A DROP NET OR LIFT NET, NOT TO EXCEED FOUR FEET IN WIDTH CONNECTED TO A PERMANENT STRUCTURE ON THE HIGHLAND AND TO PROVIDE FOR THE REMOVAL OF DEVICES TO MARK BAITED AREAS.
Referred to Committee on Agriculture and Natural Resources.
S. 557 -- Senator Garrison: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ANDERSON COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ANDERSON COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE A REGISTRATION AND ELECTIONS COMMISSION AND PROVIDE A TRANSITION PERIOD.
Referred to Anderson Delegation.
S. 640 -- Senator Garrison: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR THE SCHEDULE FOR TAKING THE EXIT EXAMINATION AND TO PROVIDE FOR A SPECIAL DIPLOMA FOR HANDICAPPED STUDENTS.
Referred to Committee on Education and Public Works.
S. 660 -- Senators Hinson, Wilson, Thomas, Dennis, Williams, Mitchell, J. Verne Smith, Lee, Stilwell, Branton, Fielding, Powell, Applegate, Shealy, Macaulay, Peeler, Nell W. Smith, Pope, Bryan, Courson, McGill, Garrison, Drummond, McConnell, Martin, Land, Patterson, Saleeby, Waddell, Holland, Lindsay, Moore, Setzler, Long, Thomas E. Smith, Jr., Doar, McLeod, Leventis, Giese, Horace C. Smith and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-442 SO AS TO PROVIDE THAT PUBLIC SCHOOL STUDENTS SHALL OBSERVE A ONE-MINUTE PERIOD OF SILENT CONTEMPLATION AT THE BEGINNING OF EACH SCHOOL DAY.
Rep. HASKINS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. BLANDING objected.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, C. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Dangerfield Davenport Day Edwards Faber Fair Felder Ferguson Foxworth Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Sturkie Taylor Thrailkill Toal Tucker Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on April 21, 1987.
Donna Moss Parker Evatt Will McCain Robert A. Kohn Ronald P. Townsend Olin R. Phillips Paul Derrick Roland S. Corning Samuel R. Foster Dave C. Waldrop Gene Stoddard Larry Koon E. Crosby Lewis
STATEMENT RE ATTENDANCE
I was not present during the Session but arrived in time to attend the Committee meetings on April 21, 1987.
Larry Gentry
Announcement was made that Robert T. Cutting of North Augusta, is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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. McABEE explained the Bill.
H. 2500 -- Reps. Ogburn, J. Harris, R. Brown, Blackwell, J.W. McLeod, Mattos, Russell, Boan, P. Bradley, M.O. Alexander, T.M. Burriss, Rice and Hearn: A BILL TO AMEND CHAPTER 31 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS GENERALLY BY ADDING SECTION 33-31-180 SO AS TO PROVIDE IMMUNITY FROM SUIT OF DIRECTORS, TRUSTEES, OR MEMBERS OF GOVERNING BODIES OF ELECTRIC COOPERATIVES AND NOT-FOR-PROFIT CORPORATIONS, ORGANIZATIONS, AND ASSOCIATIONS WHICH ARE EXEMPT FROM FEDERAL INCOME TAXATION EITHER UNDER THE PROVISIONS OF SECTION 501(c)(3) OR (c)(6) OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTION TO IMMUNITY.
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.
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 ACE 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 ACE 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.
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 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.
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.
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.
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 Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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.
Rep. WILKINS explained the Bill.
The following Bill and Joint Resolution 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. 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.
Rep. J.C. JOHNSON, with unanimous consent, introduced the Festival of Flowers Princess, Miss Lisa Michelle Dantzler of Lexington County.
Rep. L. PHILLIPS moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.
The SPEAKER granted Reps. TUCKER and FERGUSON a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 2526 -- Reps. Rhoad and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-1-100 SO AS TO REQUIRE THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO CONTINUE TO OPERATE AND MAINTAIN THE WELCOME CENTER ON U. S. HIGHWAY 301 SOUTH OF ALLENDALE.
Rep. McTEER moved to table the Bill which was agreed to.
Rep. EDWARDS moved to adjourn debate upon the following Bill until Tuesday, April 29, which was adopted.
H. 2216 -- Reps. Edwards, M.D. Burriss, Cork, Taylor and Keyserling: A BILL. TO CREATE AND HOUSE ADMINISTRATIVELY WITHIN THE BUDGET AND CONTROL BOARD THE SOUTH CAROLINA ENERGY RESOURCE AND MANAGEMENT DEVELOPMENT AUTHORITY, TO CONSTITUTE THE AUTHORITY AS AN INSTRUMENTALITY OF THE STATE FOR THE PERFORMANCE OF ESSENTIAL GOVERNMENTAL FUNCTIONS INVOLVING ENERGY CONSERVATION AND ALTERNATIVE FINANCING OF CONSERVATION MEASURES AS DEFINED IN THIS ACT, TO PROVIDE FOR THE MEMBERSHIP OF THE AUTHORITY, TO REQUIRE THE BUDGET AND CONTROL BOARD TO PROVIDE TECHNICAL AND CLERICAL SERVICES AND PERSONNEL AS THE AUTHORITY MAY REQUIRE IN THE PERFORMANCE OF ITS FUNCTIONS AND TO PROVIDE CERTAIN LIAISON SERVICES WITH OTHER AGENCIES OF STATE GOVERNMENT, TO REQUIRE THE AUTHORITY TO REIMBURSE THE BUDGET AND CONTROL BOARD FOR SERVICES PROVIDED, TO PROVIDE FOR THE POWERS OF THE AUTHORITY AND OF ANY JOINT VENTURE CREATED PURSUANT TO THIS ACT, TO PROVIDE FOR RELATED MATTERS CONCERNING THE ESTABLISHMENT AND FUNCTIONING OF THE AUTHORITY, TO ESTABLISH A SPECIAL, RESTRICTED ACCOUNT TO BE KNOWN AS THE UTILITY AND ENERGY CONSERVATION RESERVE ACCOUNT, AND TO PROVIDE FOR MATTERS RELATED TO THE OPERATION AND USE OF THAT ACCOUNT.
The motion of Rep. HELMLY to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, April 23 was taken up and agreed to.
H. 2639 -- Reps. Helmly, Day, H. Brown, Williams, Holt, Dangerfield, D. Martin, G. Bailey and Washington: A BILL TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE FOR ADDITIONAL POWERS; AND TO AMEND SECTION 58-31-80, RELATING TO THE PURPOSE AND OBLIGATIONS OF THE AUTHORITY, SO AS TO PROVIDE AN ADDITIONAL PURPOSE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3740Y).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 58-31-30 of the 1976 Code is amended by adding after item (21):
"(22) To acquire or purchase, if requested to do so, or to construct, operate, and maintain all structures and facilities, necessary, useful, or customarily used and employed in the treatment and distribution of water for industrial, commercial, domestic, or agricultural purposes. The provisions of this section do not apply to the acquisition or purchase of existing electric systems.
(23) To acquire, treat, transmit, distribute, and sell water at wholesale, if requested in writing to do so by the governing body having jurisdiction, within South Carolina. However, the authority shall prepare and maintain its books and records for its water supply operations separate and apart from its books and records for the generation, transmission, and distribution of electric power. The costs of water supply operations, including the loss of the generation of hydroelectric power, may not affect rates and charges for electric service. Water must be offered for sale by the authority on a nondiscriminatory basis without regard to whether electricity is also purchased from the authority."
SECTION 2. The first paragraph of Section 58-31-30 of the 1976 Code is amended to read:
"The Public Service Authority shall have has power to develop the Cooper River, the Santee River, and the Congaree River in this State, as instrumentalities of intrastate, interstate, and foreign commerce and navigation; to produce, distribute, and sell electric power; to acquire, treat, distribute, and sell water at wholesale; to reclaim and drain swampy and flooded lands; and to reforest the watersheds of rivers in this State; and shall also have also has all powers which may be necessary or convenient for the exercise of such these powers, including without limiting the generality of the foregoing, the following powers:".
SECTION 3. Section 58-31-80 of the 1976 Code is amended to read:
"Section 58-31-80. The Public Service Authority is created primarily for the purpose of developing the Cooper River, the Santee River, the Congaree River, and their tributaries upstream to the confluence of the Broad and Saluda Rivers and upstream on the Wateree River to a point at or near Camden and other similar projects as instrumentalities of intrastate, interstate, and foreign commerce and navigation; of reclaiming wastelands by the elimination or control of flood waters, reforesting the watersheds of such the rivers and improving public health conditions in those areas. It is hereby found and declared that the project authorized by this chapter is for the aid of intrastate, interstate, and foreign commerce and navigation, and that such the aid and improvement of intrastate, interstate, and foreign commerce and navigation and, the development, sale, and distribution of hydroelectric power is, and the treatment, sale, and distribution of water at wholesale are in all respects for the benefit of all the people of the State, for the improvement of their health and welfare and material prosperity, and is a are public purpose purposes, and being a corporation owned completely by the people of the State and operated by said Authority for the benefit of all the people of the State, the Public Service Authority shall be is required to pay no taxes or assessments upon any of the property acquired by it for this project or upon its activities in the operation and maintenance thereof of the project, except as hereinafter provided in this section. The securities and other obligations issued by the Public Service Authority, their transfer and the income therefrom shall from them at all times be are free from taxation; but, provided, however,. However, unless otherwise provided in any contract with such an agency of the United States Government as shall assist assists in financing the projects herein contemplated in this section or any other agency from which the funds may be secured, all electrical energy developed by the Authority shall authority must be sold at rates in the determination of which the taxes which said the project or projects would pay if privately owned, to the extent hereinafter provided in this section, as well as other rate-making factors properly entering into the manufacture and distribution of said the energy shall must be considered. After payment of necessary operating expenses and all annual debt requirements on bonds, notes, or other obligations at any time outstanding and the discharge of all annual obligations arising under finance agreements with the United States or any agency or corporation thereof of the United States and indentures or other instruments under which bonds have been, or may be, issued, the South Carolina Public Service Authority authority shall pay annually to the various counties of the State a sum of money equivalent to the amount paid for taxes on properties at the time of their acquisition by the Authority authority, acquired, or hereafter to be acquired, in said the counties, and the South Carolina Public Service Authority authority shall likewise pay to all municipalities and school districts in said the counties in which the said Authority authority has acquired, or may hereafter acquire, properties a sum of money equivalent to the amount paid for taxes to said the school districts and municipalities on said the properties at the time of their acquisition by the Authority authority; and no other taxes shall may be considered in the fixing of the rates of said Authority the authority. From the funds to be paid hereunder said under this section the counties, school districts, and municipalities annually shall annually apply a sum sufficient for the debt requirements for bonds and other obligations of said the counties, school districts, and municipalities for which said the properties were taxed at the time of their acquisition by the Authority authority, with the remainder of said the funds to be expended in accordance with law."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Reps. J. BRADLEY and FOXWORTH objected to the Bill.
Rep. H. BROWN explained the amendment.
Rep. CORK objected to the Bill.
The following was received.
Columbia, S.C., April 21, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it adopted the Report of Free Conference on H. 2159:
H. 2159 -- Reps. Hearn, Day, Moss, Limehouse, Wilkins, Haskins, Toal and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-27-15 SO AS TO PROVIDE INTERPRETERS FOR A DEAF PERSON WHO IS PARTY TO ANY LEGAL PROCEEDING OR A WITNESS THEREIN OR CONFINED TO ANY INSTITUTION.
Very respectfully,
President
No. 7
Received as information.
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 and agreed to.
Rep. LOCKEMY moved to table the amendment which was agreed to.
Reps. LOCKEMY and J. ROGERS proposed the following Amendment No. 3, which was adopted.
Amend as and if amended, in Section 44-29-90 of the 1976 Code, as contained in Section 4, page 3, line 29, by inserting before /public/.
/The Department of Health and Environmental Control must notify the contacts of those persons infected with Human Immunodeficiency Virus, (HIV) the virus which causes AIDS, where feasible; and within a reasonable period of time after notification of possible infection, provided however, that the effort for notification shall be limited to the extent of information provided by the patient infected with HIV.
Rep. LOCKEMY explained the amendment. The amendment was then adopted.
Rep. LOCKEMY proposed the following Amendment No. 4 (Doc. No. 4155Y), which was adopted.
Amend the bill, as and if amended, Section 44-29-90, as contained in SECTION 4, by striking the first sentence and inserting: /State, district, county, and municipal health officers, in their respective Jurisdictions, shall when in their judgment it is necessary to protect the public health, shall isolate persons infected and reasonably suspected of being infected with sexually transmitted diseases, make examination of persons infected or suspected of being infected with venereal sexually transmitted disease, require persons infected with venereal sexually transmitted disease to report for treatment until cured or to submit to treatment provided at public expense, and isolate persons infected or reasonable suspected of being infected with venereal diseases identify those persons with whom they have had sexual contact./
Amend title to conform.
Rep. LOCKEMY 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. 2398 -- Reps. Gregory, White, Wilkins, Day, Hawkins, Short, Derrick, Haskins and Fair: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF THE GOVERNMENT, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR DEFINITIONS OF CERTAIN TERMS IN THE CHAPTER; FOR THE STATE REORGANIZATION COMMISSION TO REVIEW THE REGULATION OF CERTAIN OCCUPATIONS; FOR PUBLIC HEARINGS TO BE HELD AS TO WHETHER OR NOT OCCUPATIONS NOT REGULATED BY THE STATE SHOULD BE REGULATED OR THERE SHOULD BE CHANCES IN LAWS RELATING TO OCCUPATIONS REGULATED BY THE STATE TO INCLUDE THE EXPANSION OF THE DEFINITION OF A PROVISION WHICH ADDS FUNCTIONS THAT REQUIRE LICENSURE, TO PROVIDE A PROCEDURE BY WHICH THE SUBCOMMITTEE OF THE STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE TO WHICH A BILL HAS BEEN REFERRED MAY REQUEST THAT THE COMMISSION CONDUCT THE PUBLIC HEARING OR THAT THE COMMISSION ASSIST THE SUBCOMMITTEE IN CONDUCTING THE HEARING AFTER A BILL HAS BEEN FILED PROPOSING TO REGULATE A CORPORATION NOT REGULATED BY THE STATE; FOR NOTICE OF THE HEARINGS TO THE PUBLIC AND OTHERS AFFECTED BY REGULATIONS; FOR FACTORS TO BE CONSIDERED BY THE COMMiSSION IN EVALUATING WHETHER AN OCCUPATION SHOULD BE REGULATED; FOR THE VARIOUS DECREES OF REGULATION TO BE CONSIDERED IF THE COMMISSION DETERMINES THAT EXISTING REMEDIES DO NOT ADEQUATELY PROTECT THE PUBLIC HEALTH, SAFETY, OR WELFARE; AND TO PROVIDE THAT ALL RECOMMENDATIONS FORMULATED BY THE COMMISSION MUST BE BASED UPON EVIDENCE GATHERED BY THE COMMISSION IN PUBLIC HEARINGS FROM TESTIMONY SUBMITTED ORALLY OR IN WRITING BY INTERESTED PARTIES INCLUDING THE COMMISSION AND UPON EVIDENCE COMPILED BY THE COMMISSION, TO REQUIRE THE RECOMMENDATIONS TO BE MADE IN WRITING AND DELIVERED TO THE CHAIRMAN OF THE SUBCOMMITTEE OF THE STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE TO WHICH A BILL PROPOSING TO REGULATE AN OCCUPATION HAS BEEN REFERRED.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3852Y), which was adopted.
Amend the bill, as and if amended, by striking Section 1-18-20 of the 1976 Code, as contained in SECTION 1, page 2, which reads
/Section 1-18-20. Upon the filing of any bill proposing to regulate an occupation not regulated by the State, the subcommittee of the standing committee of the House of Representatives or the Senate to which the bill has been referred may request that the commission conduct the public hearing or that the commission assist the subcommittee in conducting the public hearing. Upon the request of the subcommittee, the commission may hold hearings for the purpose of determining whether or not occupations not regulated by the State should be regulated. The commission may also hold hearings for the purpose of determining whether there should be changes in laws relating to occupations regulated by the State to include the expansion of the definition of a profession which adds functions that require licensure. The proposed changes may include recommendations for insuring continued competency by persons engaged in occupations regulated by the State, recommendations for changes in the nature of the regulation, or recommendations for eliminating regulation of the occupation. The commission may hold hearings and consider proposals for regulation and changes in the regulation of any number of occupations at the same time./ and inserting:
/Section 1-18-20. Upon the filing of any bill proposing to regulate an occupation not regulated by the State, the subcommittee of the standing committee of the House of Representatives or the Senate to which the bill has been referred may request that the commission conduct the public hearing or that the commission assist the subcommittee in conducting the public hearing. Upon the request of the subcommittee, the commission may hold hearings for the purpose of determining whether or not occupations not regulated by the State should be regulated./
Amend title to conform.
Rep. LOCKEMY 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, read the second time, and ordered to a third reading:
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.
Rep. T.M. BURRISS explained the Bill.
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.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc. No. 3884Y).
Amend the bill, as and if amended, by striking SECTION 5, as contained in the bill, and inserting in lieu thereof the following:
/SECTION 5. Section 9-1-1530 of the 1976 Code is amended to read:
"Section 9-1-1530. Any employee or teacher in service, described in Section 1-13-80(h), items (8), (10), or (12), who has attained the age of seventy years shall be retired forthwith, except that:
(1) With the approval of his employer he may remain in service until the end of the year following the date on which he attains the age of seventy years;
(2) With the approval of his employer and the Board he may, upon his request therefor, be continued in service for a period of one year following each such request until such employee has reached the age of seventy-two years; and
(3) With the approval of his employer, upon his request therefor, be continued in service for such period of time as may be necessary for such employee to qualify for coverage under the old age and survivors insurance provision of Title II of the Federal Social Security Act, as amended.
It shall be mandatory for any employee or teacher, described in Section 1-13-80(h), items (8), (10), or (12), whether or not appointed and regardless of whether or not a member of the South Carolina Retirement System to retire no later than the end of the fiscal year in which he reaches his seventy-second birthday.
This section shall not apply to any person holding an elective office.
This section shall take effect July 1, 1969. Provided, however, no person affected by the provisions of this section shall be required to retire prior to July 1, 1971.
Provided, however, that excepting constitutional offices, this section shall not apply to appointive offices receiving per diem or travel allowances as total compensation or to employees of the State Court System when such court employees are employed on a part-time basis."/
Amend title to conform.
Rep. L. MARTIN explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
On motion of Rep. McLELLAN, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.
S. 319 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 IN TITLE 12, SO AS TO ENACT THE SOUTH CAROLINA ESTATE TAX ACT APPLICABLE TO DECEDENTS DYING AFTER JUNE 30, 1991; TO AMEND SECTIONS 12-15-61, 12-15-251, and 12-15-550, RELATING TO AMOUNTS SPECIFICALLY EXEMPT FROM THE SOUTH CAROLINA ESTATE TAX, SO AS TO INCREASE THE EXEMPTION IN PHASES UNTIL THE EFFECTIVE DATE OF THE SOUTH CAROLINA ESTATE TAX ACT; TO AMEND SECTION 12-49-70, RELATING TO THE PERIOD AFTER WHICH TAXES ARE PRESUMED TO BE PAID, SO AS TO EXEMPT THE RECAPTURE ESTATE TAX FROM THE PRESUMPTION; TO AMEND SECTION 12-54-70, RELATING TO ENFORCEMENT AND COLLECTION OF TAXES, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 2-801 OF THE SOUTH CAROLINA PROBATE CODE, RELATING TO DISCLAIMERS, SO AS TO CORRECT A CROSS-REFERENCE; TO REPEAL CHAPTER 15 OF TITLE 12, RELATING TO THE ESTATE TAX, FOR DECEDENTS DYING AFTER JUNE 30, 1991; TO REPEAL CHAPTER 17 OF TITLE 12, RELATING TO THE GIFT TAX, EFFECTIVE FOR GIFTS MADE AFTER DECEMBER 31, 1991; AND TO REPEAL SECTIONS 12-15-1540 AND 12-15-1550, RELATING TO THE ESTATE TAX, EFFECTIVE JULY 1, 1987.
Rep. McLELLAN moved to reconsider the vote whereby S. 319 was given a third reading and the motion was noted.
The Senate amendments to the following Bill were taken up for consideration.
H. 2121 -- Reps. Nettles and Washington: A BILL TO MAKE IT UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR RECKLESSLY ENGAGE IN ACTS WHICH MAY CAUSE PHYSICAL HARM FOR THE PURPOSE OF INITIATION INTO ANY FRATERNITY OR SORORITY IN CONNECTION WITH A SCHOOL, COLLEGE, OR UNIVERSITY; TO EXEMPT ATHLETIC EVENTS AND MILITARY TRAINING; AND TO PROVIDE THAT IMPLIED OR EXPRESS CONSENT TO AN INITIATION ACTIVITY IS NOT A DEFENSE.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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 following House Resolution was taken up.
H. 2845 -- Ways and Means Committee: A HOUSE RESOLUTION TO CREATE AND PROVIDE FOR A COMMITTEE TO STUDY MOTOR FUEL MARKETING PRACTICES.
Be it resolved by the House of Representatives:
That there is created a committee to study motor fuel marketing practices. The committee is composed of six members of the House of Representatives appointed by the Speaker as follows: two serving on the Judiciary Committee, two serving on the Ways and Means Committee, and two serving on the Labor, Commerce and Industry Committee. The committee, from among its membership, shall elect a chairman and other officers as it considers necessary. The staff of the committees of the House of Representatives represented on the study committee shall staff the study committee. The members of the committee shall receive the usual per diem, mileage, and subsistence as is provided by law for members of state boards, commissions, and committees, to be paid from the approved accounts of the House of Representatives. The committee shall report its findings and recommendations to the House of Representatives at the conclusion of its study and ceases to exist at that time.
Rep. McLELLAN moved to table the House Resolution which was agreed to.
Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 2480 -- Rep. McAbee: A BILL TO AMEND SECTION 57-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY SUPERVISION OF PUBLIC ROADS, HIGHWAYS, BRIDGES, AND FERRIES, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO RETAIN AN OTHERWISE ABANDONED ROAD OR PORTION OF SUCH ROAD AS A LIMITED ACCESS EASEMENT FOR ABUTTING PROPERTY OWNERS, AND TO PROVIDE FOR RELATED MATTERS CONCERNING THE EASEMENT AND THE COUNTY'S ORDINANCE, INCLUDING PENALTIES FOR VIOLATING THE ORDINANCE.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 2502 -- Rep. Ogburn: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION WITH RESPECT TO TEACHER TRAINING PROGRAMS, SO AS TO DELETE THE PROVISION THAT LIMITS UNDERGRADUATES MAJORING IN EDUCATION TO TAKING THE BASIC SKILLS EXAMINATION NO MORE THAN THREE TIMES.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 2641 -- Reps. Davenport, H. Brown, G. Brown, Sharpe, Toal, R. Brown, Taylor, M.D. Burriss, Gilbert, L. Phillips, McEachin, Mattos, Foxworth, T.C. Alexander, Baker, Petty, Fair, Keyserling, Ferguson, Jones, Hayes, Kay, Whipper, Klapman, Altman, Townsend, T. Rogers, McGinnis, Haskins, P. Harris, Mappus, T.M. Burriss, P. Bradley, Simpson, Barfield, Corning, C. Bailey, J.H. Burriss, K. Bailey, E.B. McLeod, Wells, Russell, Derrick, D. Martin, Gentry, Hearn and J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1235 SO AS TO PROHIBIT TINTING OR CHANCING THE COLOR OF A MOTOR VEHICLE LICENSE PLATE OR REVALIDATION STICKER AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
On motion of Rep. RUDNICK, with unanimous consent, the following was taken up for immediate consideration:
H. 3046 -- Reps. Rudnick, Huff, Jones, Sharpe and Gentry: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF U. S. HIGHWAY 1 AND 78, IN AIKEN COUNTY, IN HONOR OF EDWARD CHARLES CUSHMAN, JR.
Whereas, Edward Charles Cushman, Jr., was born September 21, 1918 in Aiken County; and
Whereas, Mr. Cushman distinguished himself in the State Senate ably representing Aiken County from 1961 to 1966; and
Whereas, he was decorated in World War II for heroic and meritorious service; and
Whereas, through his tenacious and diligent efforts, a campus of the University of South Carolina was established in Aiken. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is requested to designate that portion of U. S. Highway 1 and 78 in Aiken County from Gregg Avenue to Aiken Road (S-2970), approximately three miles, as the "Edward Charles Cushman, Jr., Road".
Be it further resolved that-appropriate markers be erected to indicate this road.
Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. WINSTEAD moved that the House do now adjourn which was adopted.
The Senate returned to the House with concurrence the following:
H. 3041 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE MRS. MARY ELLEN WRIGHT NEWMAN OF LEE COUNTY.
H. 3044 -- Reps. Hodges and Boan: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF TROOPER FIRST CLASS ROBERT P. PERRY, JR., OF LANCASTER COUNTY, WHO DIED ON WEDNESDAY, APRIL 15, 1987.
H. 3045 -- Reps. J.C. Johnson, Carnell and McAbee: A CONCURRENT RESOLUTION TO CONGRATULATE MISS LISA MICHELLE DANTZLER OF LEXINGTON COUNTY ON THE FINE JOB SHE HAS DONE AS PRINCESS OF FLOWERS XIX FOR THE TWENTIETH ANNUAL SOUTH CAROLINA FESTIVAL OF FLOWERS WHICH IS HELD IN GREENWOOD EACH YEAR.
At 12:55 P.M. the House in accordance with the motion of Rep. WINSTEAD adjourned to meet at 11:00 A.M. tomorrow.
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