Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, Who fills heaven and earth with Your presence, we thank You for the loveliness of the Spring flowers, the far off twinkle of the stars, the music of crystal streams, the deep call of the sea, the wide expanse of the meadows, and the purple majesty of the mountains.
And as You have awakened the plant world from the sleep of Winter, so resurrect in us the new life found in those who are Your steadfast disciples. May the healing breezes of good will blow across our minds, cleansing us of all narrowness and selfishness. May Your teachings inspire us as Your Word becomes increasingly "a lamp unto our feet, and a light unto our paths."
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.
On motion of Rep. G. BROWN, with unanimous consent, the House stood in silent prayer in memory of former colleague, Senator William P. Baskin.
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 concurs in the amendments proposed by the House to S. 269:
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.
and has ordered the Joint Resolution enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
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 refuses to concur in the amendments proposed by the House to S. 397:
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.
Very respectfully,
President
On motion of Rep. McTEER, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. L. PHILLIPS, McTEER and BLANDING to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 616 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 25 OF TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS SO AS TO PROVIDE COMPREHENSIVE LEGISLATION TO REGULATE HEALTH MAINTENANCE ORGANIZATIONS IN THIS STATE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 627 -- Senator Waddell: 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 IN ORDER TO MAKE THE COUNCIL PERMANENT.
Ordered for consideration tomorrow.
The following was introduced:
H. 3047 -- Rep. L. Phillips: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION TO USE THE HOUSE CHAMBER ON FRIDAY, MAY 15, 1987, TO CONDUCT ITS ORIENTATION FOR SCHOOL BOARD MEMBERS.
Be it resolved by the House of Representatives:
That the South Carolina School Boards Association is authorized to use the chamber of the House of Representatives from 8:00 a.m. until 12:30 p.m. on Friday, May 15, 1987, for its orientation program for new school board members. If the House of Representatives is in statewide session, the chamber may not be used.
Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with applicable procedures.
The Resolution was adopted.
The following was introduced:
H. 3048 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING THE OCCASION OF THE FIFTIETH ANNIVERSARY OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND COMMENDING R. J. AYCOCK, III, OF CLARENDON COUNTY, CHAIRMAN OF THE BOARD OF SOCIAL SERVICES, AND STATE COMMISSIONER JAMES L. SOLOMON, JR., FOR THEIR DEDICATION, LOYALTY, AND DEVOTION TO ENABLING THE DEPARTMENT TO RESPOND TO THE HUMAN DEMANDS UPON ITS SERVICES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3049 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF H. BUFORD BARNETTE OF ANDERSON COUNTY UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 667 -- Senators Powell, Garrison and Macaulay: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE CERTAIN HIGHWAYS EXTENDING FROM OCONEE COUNTY TO THE GEORGIA STATE LINE IN MCCORMICK COUNTY THE "SAVANNAH RIVER SCENIC HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 692 -- Senators Wilson, Courson, Bryan, Pope, McConnell, Macaulay, Giese, Branton, Setzler, Hayes, Thomas, Lee, Patterson, Applegate, Stilwell, Shealy and Lourie: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO PROFESSOR GEORGE D. HAIMBAUGH, JR., THE DAVID W. ROBINSON PROFESSOR OF LAW AT THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF LAW, UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 674 -- Senator Garrison: A CONCURRENT RESOLUTION TO CONGRATULATE H. DWAIN "WHIT" CHAMBLEE, OF ANDERSON COUNTY, UPON BEING PRESENTED THE COMMUNITY SERVICE AWARD BY THE VETERANS OF FOREIGN WARS POST 5996.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3050 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 787, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3051 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO PREPAID DENTAL SERVICE, DESIGNATED AS REGULATION DOCUMENT NUMBER 740, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3052 -- Rep. Gregory: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT FOR CERTAIN PURPOSES, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF BONDS.
Without reference.
S. 488 -- Senators Williams and Thomas E. Smith, Jr.: 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.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 635 -- Senator Holland: A BILL TO AMEND SECTION 16-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CARRYING PISTOLS, SO AS TO PROVIDE THAT MEMBERS OF EMERGENCY MEDICAL UNITS MAY BE ISSUED PERMITS TO CARRY PISTOLS.
Referred to Committee on Judiciary.
S. 657 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO ELEVATOR SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 808, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 661 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN'S ASSISTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 801, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Kohn Koon Lewis Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on April 22, 1987.
T.M. Burriss Williams H. Jones H.E. Pearce Thomas E. Huff R.S. Corning John H. Burriss James E. Lockemy Larry Gentry
STATEMENTS OF ATTENDANCE
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call and was present for the Session on Wednesday, April 15, 1987.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call and was present for the Session on Thursday, April 16, 1987.
Reps. ALTMAN, CORNING, GENTRY, McELVEEN, L. PHILLIPS, WASHINGTON and ELLIOTT signed a statement with the Clerk that they came in after the roll call and were present for the Session on Tuesday, April 21, 1987.
Announcement was made that Marion F. McFarland, III of Columbia, is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
S. 319 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 IN TITLE 12, SO AS TO ENACT THE SOUTH CAROLINA ESTATE TAX ACT APPLICABLE TO DECEDENTS DYING AFTER JUNE 30, 1991; TO AMEND SECTIONS 12-15-61, 12-15-251, and 12-15-550, RELATING TO AMOUNTS SPECIFICALLY EXEMPT FROM THE SOUTH CAROLINA ESTATE TAX, SO AS TO INCREASE THE EXEMPTION IN PHASES UNTIL THE EFFECTIVE DATE OF THE SOUTH CAROLINA ESTATE TAX ACT; TO AMEND SECTION 12-49-70, RELATING TO THE PERIOD AFTER WHICH TAXES ARE PRESUMED TO BE PAID, SO AS TO EXEMPT THE RECAPTURE ESTATE TAX FROM THE PRESUMPTION; TO AMEND SECTION 12-54-70, RELATING TO ENFORCEMENT AND COLLECTION OF TAXES, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 2-801 OF THE SOUTH CAROLINA PROBATE CODE, RELATING TO DISCLAIMERS, SO AS TO CORRECT A CROSS-REFERENCE; TO REPEAL CHAPTER 15 OF TITLE 12, RELATING TO THE ESTATE TAX, FOR DECEDENTS DYING AFTER JUNE 30, 1991; TO REPEAL CHAPTER 17 OF TITLE 12, RELATING TO THE GIFT TAX, EFFECTIVE FOR GIFTS MADE AFTER DECEMBER 31, 1991; AND TO REPEAL SECTIONS 12-15-1540 AND 12-15-1550, RELATING TO THE ESTATE TAX, EFFECTIVE JULY 1, 1987.
The motion of Rep. McLELLAN to reconsider the vote whereby the Bill was given a third reading was taken up and agreed to.
Rep. McLELLAN, with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 4132Y), which was adopted.
Amend the bill, as and if amended, in SECTION 10, page 30. line 2, by adding at the end: /Section 7 of this act is effective January 1, 1992./ so that when amended, SECTION 10 shall read:
/SECTION 10. Chapter 16 of Title 12 of the 1976 Code added by this act is effective with respect to decedents dying after June 30, 1991, except for Article 7 therein, which is effective for transfers occurring after October 22, 1986, and Articles 3 and 9, which are effective upon approval by the Governor. Section 6 of this act is effective July 1, 1991. Section 7 of this act is effective January 1, 1992./
Amend title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered returned to the Senate.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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. L. MARTIN moved to adjourn debate upon the following Bill until Tuesday, April 28, which was adopted.
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 ACE SEVENTY-TWO.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill until Tuesday, April 28, which was adopted.
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. DANGERFIELD moved to adjourn debate upon the following Bill until Tuesday, April 28, which was adopted.
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.
The SPEAKER granted Rep. M.D. BURRISS a temporary leave of absence.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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. L. MARTIN explained the Bill.
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.
H. 2703 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-1276, 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.
Rep. FOXWORTH explained the Bill.
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.
Rep. FOXWORTH explained the Bill.
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.
Rep. FOXWORTH explained the Bill.
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.
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.
Rep. KIRSH explained the Bill.
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.
H. 2783 -- Ways and Means Committee: A BILL TO AMEND SECTION 59-115-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE EDUCATION ASSISTANCE ACT SO AS TO REVISE THE DEFINITION OF "STUDENTS" FOR PURPOSES OF THE ACT THEREBY MAKING ANY QUALIFYING STUDENT RATHER THAN ONLY QUALIFYING RESIDENTS OF SOUTH CAROLINA ELIGIBLE FOR STUDENT LOANS.
Rep. McABEE explained the Bill.
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.
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".
Rep. T. ROGERS explained the Bill.
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.
The SPEAKER granted Rep. TUCKER a leave of absence for the remainder of the day.
Rep. DANGERFIELD moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
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. DANGERFIELD moved to table the Bill, which was agreed to.
Rep. McLELLAN moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.
The following Bill was taken up.
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.
Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 3494Y).
Amend the bill, as and if amended, by striking the first paragraph of Section 50-17-56 as contained in SECTION 1 and inserting a new section to read:
/"Section 50-17-56. Spotted sea trout (winter trout), Cynoscion nebulosus, and red drum (channel bass), Sciaenops ocellatus, are game fish. It is unlawful to take or attempt to take either species in the waters of this State, except by cane pole, using hook and line, rod and reel, or by gigging. However, it is unlawful to gig for spotted sea trout or red drum between December first and March first. It is unlawful for any person to have in possession any red drum or spotted sea trout while fishing or transporting any gill net, seine, or other commercial fishing equipment. Any fish of either species caught in the devices must be returned to the water immediately./
Amend the bill further by striking the fourth paragraph of Section 50-17-56 as contained in SECTION 1 and inserting a new paragraph to read:
/It is unlawful for any person to take or have in possession more than fifteen spotted sea trout or fifteen red drum in any one day. The possession limit does not apply to mariculture operations or to the sale of properly identified fish imported by seafood dealers as provided in this section. The species named in this section must be landed with the head and tail fins intact./
Amend title to conform.
Rep. FOXWORTH explained the amendment.
Reps. BARFIELD, HOLT and WASHINGTON objected to the Bill.
The following Bill was taken up.
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.
Reps. HASKINS, DAVENPORT, LIMEHOUSE, THRAILKILL and MAPPUS objected to the Bill.
The following Bill was taken up.
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 SELF-SUSTAINING 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.
Rep. EVATT explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.
Rep. TOAL moved that the House recur to the morning hour, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Law Enforcement Training Council for Barbeque, May 5, 1987, 6:00-8:00 p.m. at the S.C. Criminal Justice Academy.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Conference of Family Court Judges for a reception May 6, 1987, 6:00-8:00 p. m. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Wil Lou Gray Opportunity School for dinner, May 13, 1987, 7:00-8:30 p.m. at the Opportunity School, West Campus Road, West Columbia, S. C.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Dairy Association for breakfast, May 14, 1987, 8:00-10:00 a.m. at Charlton Hall Galleries, 922 Gervais Street, Columbia, S.C.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Citadel Alumni for Barbeque, May 19, 1987, 6:30 p.m. in the Cantey Building, State Fairgrounds.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Lowcountry Council of Governments for breakfast, May 20, 1987, 8: 30- 10: 30 a.m. in the old Ways and Means Committee room.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Travel and Tourism Forum for a reception, May 20, 1987, 6:00-8:00 p.m. at the Marriott.
The invitation was accepted.
On motion of Rep. FOXWORTH, with unanimous consent, the following article was ordered printed in the Journal.
By Daniel E. Martin, Sr.
While reading Tony Robertson's article on "Leadership Cites Black Problems" I could not avoid wondering how long our elected officials are going to continue blaming ourselves and the establishment for the conditions Charleston Black folks find ourselves in. First we blame economics as the most urgent problem; next we blame drugs; next we blame teenage pregnancy; next we blame moral decay and promiscuity and we blame the local Black leadership in not showing the masses the path to progess.
I often wonder when we will commence blaming parents for not raising their children properly; when will we start blaming children for dropping out of school that provides them a free education; when will we start blaming little Black boys who keep their hands occupied with a basketball or a long and expensive stereo instead of books that teach the basic reading, writing and arithmetic.
When are we going to start blaming parents who party all night in nightclubs while their teenage children are having sex in their beds during their absence. When are we going to start blaming our churches for placing more emphasis on rallies, souvenir booklets, teas and gospel extravaganzas than youth orientation programs that can teach our youngsters a moral code of conduct that will guide them towards a fruitful and sane life for the future.
So now you ask me what is our greatest Black problem? Well, here is my answer in a nutshell. "EDUCATION."
There is no mountain that education can not climb; there is no river that education can not swim; there are no planets that education can not orbit, for man might steal your purse of rubies and gold, but, fear not your education, because -- oh no -- they can't take that away from you.
In conclusion I would simply say: To Black parents; your most precious commodity is your children.
Raise them up right. Keep them in school, insist upon them getting the best education possible and once in a while, hug them to let them know you care.
To our young, gifted and Black children I beg that you stay in school, stay away from drugs, view sex as a privilege only to be used at the appropriate time and develop your talents for a grand and glorious future and remember that success in this world consist of a mathematical formula that represents fifteen percent brilliance, five percent good luck and eighty percent HARD WORK.
See you on the avenue of success.
Rep. L. PHILLIPS moved that when the House adjourns Local Session on Friday, it adjourn to meet at 11:00 A.M. Tuesday, which was agreed to.
The following was introduced:
H. 3053 -- Reps. Hayes, Nesbitt, Foster, Kirsh and Short: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF DR. NEWTON GASTON QUANTZ, A PROMINENT AND RESPECTED PHYSICIAN OF ROCK HILL, YORK COUNTY, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3054 -- Reps. Rudnick, Jones, Huff, Sharpe, Pettigrew and Gentry: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF LEE BARNES OF AIKEN COUNTY UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3055 -- Reps. McElveen, E.B. McLeod, Blanding, Baxley, G. Brown and Corning: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF HUBERT DUVALL OSTEEN OF SUMTER, FORMER EDITOR AND PUBLISHER OF THE THE SUMTER DAILY ITEM, WHO DIED ON TUESDAY, APRIL 14, 1987.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
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 SELF-SUSTAINING 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.
Reps. J. BRADLEY, MAPPUS and FOXWORTH objected to the Bill.
The following Bill was taken up.
H. 2387 -- Reps. McGinnis, G. 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.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 4126Y ), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 which reads:
/SECTION 2. Section 50-9-840 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. FOXWORTH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following was received.
The General Assembly, Columbia, S.C., April 15, 1987
The Committee of Free Conference, to whom was referred 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.
Beg leave to report that they have duly and carefully considered the same and recommend:
that the bill do pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 15-27-15. Whenever any deaf person is a party to any legal proceeding or a witness therein, or confined to any institution, the court shall appoint a qualified interpreter, or as many as needed, approved by the deaf person and either the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of the deaf person unless the deaf person waives such or the judge finds that it is not necessary for the fulfillment of Justice. The court shall determine a reasonable fee for interpreting services which must be paid out of the general fund of the State from such funds appropriated to the Judicial Department for this purpose by the General Assembly."
SECTION 2. Effective July 1, 1985, the Chief Justice is empowered to adjust salary levels of employees of the judicial department from funds appropriated to the judicial department."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
David H. Wilkins Thomas E. Smith, Jr. J.T. McElveen, Jr. Thomas H. Pope, III Joyce C. Hearn John C. Hayes, III On Part of the House On Part of the Senate
Rep. WILKINS explained the Report.
The Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. SIMPSON moved to adjourn debate upon the following Bill, which was adopted.
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.
The following Bill was taken up.
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 4125Y).
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 57-17-10 of the 1976 Code is amended to read:
"Section 57-17-10. (A) All roads, highways, and ferries that have been laid out or appointed by virtue of an act of the General Assembly, an order of court, or an order of the governing body of any county are declared to be public roads and ferries, and the county supervisor and the governing body of the county shall have the control and supervision thereof of them. The county supervisor and governing body of the county may order the laying out and repairing of public roads where necessary, designate where bridges, ferries, or fords shall must be made, discontinue such any roads, bridges, and ferries as shall be found useless, and alter roads so as to make them more useful.
(B) The governing body of a county by ordinance, after a hearing, may retain an otherwise abandoned road or portion of the road as a limited access easement for all abutting property owners and for existing utility easements along the road. The ordinance must prevent any person from obstructing or otherwise hindering the free use of the easement, and it continues until the county governing body rescinds the ordinance. Any violation of the ordinance is punishable under the provisions of Section 57-7-210. The county is not required to maintain the easement as a public road and is not liable for any defects in the easement."/
Amend title to conform.
Rep. BLANDING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 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.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 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, G. 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 CHANGING THE COLOR OF A MOTOR VEHICLE LICENSE PLATE OR REVALIDATION STICKER AND TO PROVIDE PENALTIES.
Rep. L. PHILLIPS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. G. BAILEY withdrew his objection to S. 317 however, other objections remained upon the Bill.
Upon the withdrawal of objections by Reps. DAVENPORT, LIMEHOUSE and FERGUSON the following Bill was taken up.
H. 2501 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS.
The Bill was read the second time and ordered to third reading.
The motion period was dispensed with on motion of Rep. GREGORY.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. GREGORY having the floor.
H. 2536 -- Labor, Commerce and Industry Committee: A BILL TO PROHIBIT ANY ATTEMPT BY A PHYSICIAN OR OTHER PERSON CHARGED WITH RATING PHYSICAL IMPAIRMENTS UNDER THE WORKERS' COMPENSATION LAW (TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976) TO DEVISE OR DETERMINE, OR TO SUBSTITUTE FOR THE IMPAIRMENT RATING, A DISABILITY RATING; AND TO REQUIRE PHYSICAL IMPAIRMENT RATINGS TO FOLLOW AND BE IN ACCORDANCE WITH SOME COMPETENT AND RECOGNIZED STANDARD OR GUIDE FOR THE RATING OF IMPAIRMENTS AS PRESCRIBED BY THE WORKERS' COMPENSATION COMMISSION.
Rep. GREGORY raised the Point of Order that H. 2536 violated Rule 5.2, second paragraph, in that it attempted to accomplish action which was not provided for in the title of the Bill.
The SPEAKER overruled the Point of Order.
Rep. TOAL inquired which rule specified that a member who had the privilege of the floor would lose the floor by raising a Point of Order.
The SPEAKER stated that a Point of Order is not considered debate, and that when a member is recognized to speak on the Bill, he is required to confine his remarks to the Bill.
Rep. GREGORY argued that Rule 5.2 stated that the Point he had previously raised could be raised at any time and by any member.
The SPEAKER stated that there was provision that a member may not retain the floor once he has made a motion, and he would interpret the raising of a Point of Order to have the same result.
Rep. BLACKWELL then inquired whether the provision in Rule 3.8 which allowed members on the floor to ask questions of members without losing the floor would apply in this situation.
The SPEAKER stated that raising a Point of Order was not the same as asking a question of a member.
Rep. FELDER spoke against the Bill.
Rep. J. BRADLEY moved that the House recede until 2:00.
Rep. FOXWORTH moved that the House do now adjourn.
Rep. G. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Barfield Blanding Bradley, J. Brown, G. Brown, J. Burriss, J.H. Burriss, M.D. Carnell Cork Derrick Elliott Evatt Felder Foxworth Gilbert Gregory Harris, J. Harvin Hearn Holt Jones Kay Koon Lewis Limehouse McAbee McKay McLeod, E.B. McLeod, J.W. Nettles Ogburn Phillips, O. Rhoad Rice Rudnick Sharpe Short Snow Sturkie Thrailkill Townsend Waldrop Williams Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Aydlette Bailey, G. Baker Baxley Beasley Blackwell Boan Brown, H. Chamblee Clyborne Cooper Corning Dangerfield Davenport Day Faber Fair Ferguson Harris, P. Haskins Hawkins Hayes Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Keyserling Klapman Lockemy Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McLellan McTeer Moss Nesbitt Pearce Pettigrew Petty Rogers, J. Rogers, T. Russell Sheheen Simpson Stoddard Taylor Toal Washington Wells Whipper White Wilder Wilkins
So, the House refused to adjourn.
The question then recurred to the motion that the House recede until 2:00, which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of the Bill, Rep. FELDER having the floor.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. T.M. BURRISS a leave of absence for the remainder of the day and tomorrow to attend a Board of Visitors meeting at Clemson.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. FELDER having the floor.
H. 2536 -- Labor, Commerce and Industry Committee: A BILL TO PROHIBIT ANY ATTEMPT BY A PHYSICIAN OR OTHER PERSON CHARGED WITH RATING PHYSICAL IMPAIRMENTS UNDER THE WORKERS' COMPENSATION LAW (TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976) TO DEVISE OR DETERMINE, OR TO SUBSTITUTE FOR THE IMPAIRMENT RATING, A DISABILITY RATING; AND TO REQUIRE PHYSICAL IMPAIRMENT RATINGS TO FOLLOW AND BE IN ACCORDANCE WITH SOME COMPETENT AND RECOGNIZED STANDARD OR GUIDE FOR THE RATING OF IMPAIRMENTS AS PRESCRIBED BY THE WORKERS' COMPENSATION COMMISSION.
Rep. FELDER continued speaking.
The SPEAKER granted Rep. EVATT a temporary leave of absence for the remainder of the day.
Rep. GREGORY moved to continue the Bill.
Rep. L. MARTIN demanded the yeas and nays, which were not ordered.
The Bill was then continued by a division vote of 30 to 17.
The following was introduced:
H. 3056 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2625, RELATING TO THE TIME WHEN THE SUSPENSION OF A DRIVER'S LICENSE BEGINS, FOR SECOND READING OR OTHER DISPOSITION ON APRIL 22, 1987, IMMEDIATELY AFTER CONSIDERATION OF SENATE AMENDMENTS ON BILLS AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2625 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2625 be set by special order for second reading or other consideration on April 22, 1987, immediately following consideration of Senate amendments on bills and continuing each legislative day thereafter immediately following consideration of Senate amendments on bills until H. 2625 is given second reading or it is otherwise disposed of.
Rep. TOAL explained the House Resolution.
The Resolution was adopted.
The following was introduced:
H. 3057 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2463, RELATING TO CHILD SUPPORT PAYMENTS, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER CONSIDERATION OF H. 2625 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2463 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2463 be set by special order for second reading or other consideration immediately following the second reading or other consideration of H. 2625 and this special order consideration shall continue each legislative day thereafter immediately following the consideration of Senate amendments on bills until H. 2463 is given second reading or it is otherwise disposed of.
Rep. TOAL explained the House Resolution.
The Resolution was adopted.
The following was introduced:
H. 3058 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2794, RELATING TO STATE EMPLOYEES DUES DEDUCTIONS, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER CONSIDERATION OF H. 2463 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2794 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2794 be set by special order for second reading or other consideration immediately following the second reading or other consideration of H. 2463 and this special order consideration shall continue each legislative day thereafter immediately following the consideration of Senate amendments on bills until H. 2794 is given second reading or it is otherwise disposed of.
Rep. TOAL explained the House Resolution.
The Resolution was then adopted by a division vote of 56 to 15.
The SPEAKER granted Rep. HAYES a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 2625 -- Reps. Wilkins, McElveen, H. Brown, Haskins, Gentry, J.W. Johnson, Arthur, Hendricks, Gregory, Short, D. Martin, Huff, McEachin, Hayes, Baxley, Nettles, Clyborne and Toal: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, BY ADDING SECTION 56-1-365 SO AS TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, AND TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS.
Rep. WILKINS explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Arthur Aydlette Bailey, K. Baker Barfield Baxley Beasley Blackwell Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, J.H. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Day Derrick Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hawkins Hendricks Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nettles Ogburn Pearce Pettigrew Petty Phillips, O. Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Taylor Thrailkill Toal Townsend Washington Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2463 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND ARTICLE 9, SUBARTICLE 3, CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-933, SO AS TO PROVIDE THAT ANY DEGREE, JUDGMENT, OR ORDER REGARDING CHILD SUPPORT OF THIS OR ANY OTHER STATE MAY BE MODIFIED ONLY AS TO INSTALLMENTS ACCRUING SUBSEQUENT TO FILING AND DUE NOTICE OF AN ACTION FOR MODIFICATION AND ONLY UPON A SHOWING OF CHANGED CIRCUMSTANCES, AND TO PROVIDE THAT ALL FOREIGN DEGREES, JUDGMENTS, OR ORDERS OF CHILD SUPPORT MUST BE GIVEN FULL FAITH AND CREDIT IN THIS STATE IN THE MANNER PROVIDED BY LAW; AND TO AMEND SECTION 20-7-934, RELATING TO THE ENFORCEMENT OR MODIFICATION OF ORDERS OF OTHER COURTS BY THE FAMILY COURT, SO as TO PROVIDE THAT THE AUTHORITY OF THE FAMILY COURT TO ENFORCE OR MODIFY THESE ORDERS IS SUBJECT TO THE LIMITATIONS CONTAINED IN SECTION 20-7-933.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 3581Y), which was adopted.
Amend the bill, as and if amended, in Section 20-7-933 of the 1976 Code as contained in Section 1 by inserting /valid/ immediately before /foreign/ as contained on line 1 of the second paragraph of Section 20-7-933, and by adding a new paragraph at the end of Section 20-7-933 of the 1976 Code as contained in Section 1 to read:
/Nothing herein shall prohibit a court from holding in abeyance any arrearage in child support if the court sets forth a procedure to assure the payment of the arrearage which is held in abeyance./ When amended Section 20-7-933 of the 1976 Code shall read:
/Section 20-7-933. The provisions of any decree, judgment, or order regarding child support of a court of this State, including cases with jurisdiction based on the Revised Uniform Reciprocal Enforcement of Support Act, may be modified only as to installments accruing subsequent to filing and due notice of an action for modification and only upon a showing of changed circumstances. Any valid decree, judgment, or order of another state regarding child support which is being enforced in this State pursuant to Section 20-7-1005 may be modified only as to installments accruing subsequent to filing and due notice of an action for modification and only upon a showing of changed circumstances.
All valid foreign decrees, judgments, or orders of child support must be given full faith and credit in this State in the manner provided by law.
Nothing herein shall prohibit a court from holding in abeyance any arrearage in child support if the court sets forth a procedure to assure the payment of the arrearage which is held in abeyance./
Amend title to conform.
Rep. BEASLEY 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, T.C. Altman Aydlette Bailey, K. Baker Barfield Baxley Beasley Blackwell Boan Bradley, P. Brown, H. Brown, R. Burriss, J.H. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Day Derrick Fair Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lewis Mappus Martin, O. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Nesbitt Pettigrew Petty Rhoad Rice Rogers, T. Rudnick Sharpe Shelton Simpson Stoddard Thrailkill Toal Townsend Washington Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Arthur Blanding Bradley, J. Faber Ferguson Lockemy Phillips, O. Rogers, J. Sheheen Short Taylor
So, the Bill as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
Reps. EVATT, HEARN, T.M. BURRISS, CORK, COOPER and CARNELL proposed the following Amendment No. 1 (Doc. No. 4207Y), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1, page 1, and inserting:
/SECTION 1. Article 1, Chapter 11 of Title 8 of the 1976 Code is amended by adding:
"Section 8-11-83. The Comptroller General, upon request of employees of the State, shall make deductions from the compensation of the employees for the payment of membership dues for the South Carolina State Employees' Association. The Comptroller General shall pay over to the association all amounts so collected or withheld. No deduction is permitted if the association at any time engages in collective bargaining or encourages its members to strike."/
Amend title to conform.
Rep. T. ROGERS 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. Altman Aydlette Bailey, K. Baker Barfield Baxley Beasley Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, J. Brown, R. Burriss, J.H. Carnell Chamblee Clyborne Cooper Cork Dangerfield Davenport Day Derrick Faber Fair Felder Ferguson Foster Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lewis Lockemy Martin, D. Martin, L. McAbee McBride McCain McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Pearce Petty Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Sturkie Taylor Toal Townsend Tucker Washington Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Arthur Blanding Brown, H. Foxworth Gentry Mappus McEachin Pettigrew Thrailkill
So, the Bill, as amended, was read the second time and ordered to third reading.
Mr. SPEAKER:
I was out of the Chamber when H. 2794 was voted on. I would ask that my name be added to the roll call vote as yea to H. 2794 this day.
Rep. G. BAILEY
The following Bill was taken up.
H. 2537 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON WORKERS' COMPENSATION WHEN INJURY OR DEATH IS CAUSED BY THE INTOXICATION OR THE WILFULNESS OF THE EMPLOYEE, SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS UPON THE EMPLOYER TO DEMONSTRATE THAT THE EMPLOYEE WAS INTOXICATED OR WILFULLY INTENDED TO INJURE OR KILL HIMSELF OR ANOTHER, AND PROVIDE THAT, WITH RESPECT TO INTOXICATION, AN INJURED EMPLOYEE MAY RECOVER IF HE CAN DEMONSTRATE THAT HIS INTOXICATION WAS NOT A FACTOR IN CAUSING THE ACCIDENT OR INJURY; AND TO AMEND SECTION 42-9-80, RELATING TO BURDEN OF PROOF UNDER CERTAIN CODE SECTIONS CONCERNING WORKERS' COMPENSATION, SO AS TO DELETE THE REFERENCE TO SECTION 42-9-60.
Reps. GREGORY and J. ROGERS proposed the following Amendment No. 1 (Doc. No. 3808Y).
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section ______. Section 42-9-60 of the 1976 Code is amended to read:
"Section 42-9-60. No compensation shall be is payable if the injury or death was occasioned by the intoxication of the employee or by the wilful intention of the employee to injure or kill himself or another. With respect to intoxication, an injured employee may recover if he can prove by a preponderance of the evidence that his intoxication was not the cause of the accident or injury."/
Amend title to conform.
Rep. J. ROGERS explained the amendment.
Rep. L. MARTIN spoke upon the amendment.
Rep. LEWIS moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 2555 -- Education and Public Works Committee: A BILL TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING EDUCATION GENERALLY, BY ADDING SECTION 59-1-405 SO AS TO PROHIBIT PUBLIC ELEMENTARY AND SECONDARY SCHOOLS FROM DISTRIBUTING ANY CONTRACEPTIVE DEVICE OR MEDICATION.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 4, by Rep. KEYSERLING.
Rep. KEYSERLING explained the amendment.
Rep. FAIR spoke against the amendment.
Reps. KEYSERLING, WASHINGTON and FOSTER spoke in favor of the amendment.
Rep. FAIR spoke against the amendment.
Rep. BEASLEY spoke upon the amendment.
Rep. FAIR moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Barfield Blackwell Bradley, P. Clyborne Davenport Fair Harvin Haskins Johnson, J.C. Mattos McCain McGinnis Pettigrew Rice Simpson Thrailkill Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, K. Beasley Blanding Boan Bradley, J. Brown, G. Brown, J. Brown R. Burriss, J.H. Burriss, M.D. Chamblee Cork Dangerfield Day Derrick Elliott Faber Foster Foxworth Gentry Gilbert Harris, J. Hawkins Hearn Hodges Huff Johnson, J.W. Jones Keyserling Kirsh Klapman Koon Lewis Lockemy Mappus Martin, D. McBride McEachin McElveen McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, O. Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Stoddard Taylor Toal Townsend Washington Whipper White Wilder Williams
So the House refused to table the amendment.
Reps. BAKER and HASKINS spoke against the amendment.
Reps. TOAL and GILBERT spoke in favor of the amendment.
Rep. HASKINS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. BAKER demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 67 to 23.
Rep. J.C. JOHNSON proposed the following Amendment No. 2, which was adopted.
Amend as and if amended, adding after the word "in":
"or on the school grounds of".
Rep. J.C. JOHNSON explained the amendment.
The amendment was then adopted.
Reps. FAIR and BEASLEY spoke in favor of the Bill.
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. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Faber Fair Felder Ferguson Foster Gentry Harris, J. Harvin Haskins Hawkins Hearn Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Rhoad Rice Rogers, J. Rudnick Sharpe Sheheen Shelton
Mr. SPEAKER:
I was out of the Chamber when H. 2794 was voted on. I would ask that my name be added to the roll call vote as yea to H. 2794 this day.
Rep. G. BAILEY
The following Bill was taken up.
H. 2537 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON WORKERS' COMPENSATION WHEN INJURY OR DEATH IS CAUSED BY THE INTOXICATION OR THE WILFULNESS OF THE EMPLOYEE, SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS UPON THE EMPLOYER TO DEMONSTRATE THAT THE EMPLOYEE WAS INTOXICATED OR WILFULLY INTENDED TO INJURE OR KILL HIMSELF OR ANOTHER, AND PROVIDE THAT, WITH RESPECT TO INTOXICATION, AN INJURED EMPLOYEE MAY RECOVER IF HE CAN DEMONSTRATE THAT HIS INTOXICATION WAS NOT A FACTOR IN CAUSING THE ACCIDENT OR INJURY; AND TO AMEND SECTION 42-9-80, RELATING TO BURDEN OF PROOF UNDER CERTAIN CODE SECTIONS CONCERNING WORKERS' COMPENSATION, SO AS TO DELETE THE REFERENCE TO SECTION 42-9-60.
Reps. GREGORY and J. ROGERS proposed the following Amendment No. 1 (Doc. No. 3808Y).
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section ______. Section 42-9-60 of the 1976 Code is amended to read:
"Section 42-9-60. No compensation shall be is payable if the injury or death was occasioned by the intoxication of the employee or by the wilful intention of the employee to injure or kill himself or another. With respect to intoxication, an injured employee may recover if he can prove by a preponderance of the evidence that his intoxication was not the cause of the accident or injury."/
Amend title to conform.
Rep. J. ROGERS explained the amendment.
Rep. L. MARTIN spoke upon the amendment.
Rep. LEWIS moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 2555 -- Education and Public Works Committee: A Bill TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING EDUCATION GENERALLY, BY ADDING SECTION 59-1-405 SO AS TO PROHIBIT PUBLIC ELEMENTARY AND SECONDARY SCHOOLS FROM DISTRIBUTING ANY CONTRACEPTIVE DEVICE OR MEDICATION.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 4, by Rep. KEYSERLING.
Rep. KEYSERLING explained the amendment.
Rep. FAIR spoke against the amendment.
Reps. KEYSERLING, WASHINGTON and FOSTER spoke in favor of the amendment.
Rep. FAIR spoke against the amendment.
Rep. BEASLEY spoke upon the amendment.
Rep. FAIR moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Barfield Blackwell Bradley, P. Clyborne Davenport Fair Harvin Haskins Johnson, J.C. Mattos McCain McGinnis Pettigrew Rice Simpson Thrailkill Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, K. Beasley Blanding Boan Bradley, J. Brown, G. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Chamblee Cork Dangerfield Day Derrick Elliott Faber Foster Foxworth Gentry Gilbert Harris, J. Hawkins Hearn Hodges Huff Johnson, J.W. Jones Keyserling Kirsh Klapman Koon Lewis Lockemy Mappus Martin, D. McBride McEachin McElveen McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, O. Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Stoddard Taylor Toal Townsend Washington Whipper White Wilder Williams
So the House refused to table the amendment.
Reps. BAKER and HASKINS spoke against the amendment.
Reps. TOAL and GILBERT spoke in favor of the amendment.
Rep. HASKINS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. BAKER demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 67 to 23.
Rep. J.C. JOHNSON proposed the following Amendment No. 2, which was adopted.
Amend as and if amended, adding after the word "in":
"or on the school grounds of".
Rep. J.C. JOHNSON explained the amendment.
The amendment was then adopted.
Reps. FAIR and BEASLEY spoke in favor of the Bill.
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. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Faber Fair Felder Ferguson Foster Gentry Harris, J. Harvin Haskins Hawkins Hearn Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Rhoad Rice Rogers, J. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Washington Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BEASLEY, with unanimous consent, it was ordered that H. 2555 be read the third time tomorrow.
Rep. MAPPUS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3048 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING THE OCCASION OF THE FIFTIETH ANNIVERSARY OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND COMMENDING R. J. AYCOCK, III, OF CLARENDON COUNTY, CHAIRMAN OF THE BOARD OF SOCIAL SERVICES, AND STATE COMMISSIONER JAMES L. SOLOMON, JR., FOR THEIR DEDICATION, LOYALTY, AND DEVOTION TO ENABLING THE DEPARTMENT TO RESPOND TO THE HUMAN DEMANDS UPON ITS SERVICES.
H. 3049 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF H. BUFORD BARNETTE OF ANDERSON COUNTY UPON HIS DEATH.
H. 3053 -- Reps. Hayes, Nesbitt, Foster, Kirsh and Short: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF DR. NEWTON GASTON QUANTZ, A PROMINENT AND RESPECTED PHYSICIAN OF ROCK HILL, YORK COUNTY, UPON HIS DEATH.
H. 3054 -- Reps. Rudnick, Jones, Huff, Sharpe, Pettigrew and Gentry: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF LEE BARNES OF AIKEN COUNTY UPON HIS DEATH.
H. 3055 -- Reps. McElveen, E.B. McLeod, Blanding, Baxley, G. Brown and Corning: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF HUBERT DUVALL OSTEEN OF SUMTER, FORMER EDITOR AND PUBLISHER OF THE THE SUMTER DAILY ITEM, WHO DIED ON TUESDAY, APRIL 14, 1987.
At 3:35 P.M. the House in accordance with the motion of Rep. MAPPUS adjourned to meet at 11:00 A.M. tomorrow.
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