Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Reverend F. Ron Zedick, Pastor of the Maple Baptist Church in Conway, S.C., as follows:
O God, our help in ages past, our hope for years to come, our shelter from the stormy blast, and our eternal home, we seek your guidance in this hour of testing.
Lord, guide our thoughts in the testing of our commitments to those we represent. May we be faithful and true to their best interests.
Also, Lord, lift us in the testing of our integrity to deal fairly with all matters, seeking not our own but the truth as God leads us in it.
Finally, Lord God, help us to cling to Thee in the testing of our faith. In the testing of our faith in our fellowman help us to 'Love our neighbor as ourselves'. And in the testing of our faith in You, O God, keep us close to Thee Who alone will pass final judgement for these acts we do this day.
May Your grace be upon each legislator in the name of Jesus our Lord we pray.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. BAKER raised the question of a quorum.
A quorum was later present.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2495 -- Rep. Washington: A BILL TO AMEND ARTICLE 3, CHAPTER 7, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PEACE, BY ADDING SECTION 16-7-180 SO AS TO PROHIBIT PARAMILITARY TRAINING BY CERTAIN PERSONS AND TO PRESCRIBE CRIMINAL PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-180, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF PARTICIPATION IN UNLAWFUL PARAMILITARY TRAINING.
Ordered for consideration tomorrow.
The following was introduced:
H. 3077 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND CAROL WALDRON, OWNER AND OPERATOR OF THE COLUMBIA ATHENAEUM, FOR HER TIRELESS EFFORTS TO PROMOTE SOUTHERN LITERATURE AND TO PRESERVE SOUTHERN HISTORY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3078 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE SUE HOOK DRAFTS FOR HER MANY ACCOMPLISHMENTS IN BASKETBALL UPON HER INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3079 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE RICHARD "SNAKE" WILLIAMS FOR HIS MANY ACCOMPLISHMENTS IN BOXING UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3080 -- Reps. Rhoad and Wilder: A CONCURRENT RESOLUTION CONGRATULATING DR. HENRY LUCIUS LAFFITTE OF ALLENDALE COUNTY UPON BEING CHOSEN AS THE SOUTH CAROLINA FAMILY PHYSICIAN OF THE YEAR FOR 1987, AND COMMENDING HIM FOR HIS DEDICATION TO FAMILY MEDICINE AND HIS EXCELLENT SERVICE TO THE COMMUNITY IN THIS AREA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3081 -- Reps. Simpson and Hendricks: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MRS. HELEN CHAMBLEE LEE OF CENTRAL, PICKENS COUNTY, AN INSTRUCTOR AT D.W. DANIEL HIGH SCHOOL, FOR HER MANY YEARS OF LOYAL AND DEDICATED SERVICE TO HER STUDENTS AND THE SCHOOL WHICH SHE SERVED SO WELL AND TO EXTEND BEST WISHES UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3082 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, C. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE FRED R. SHEHEEN OF CAMDEN UPON BEING SELECTED AS THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION AND EXPRESSING CONFIDENCE IN HIS ABILITY TO LEAD THE COMMISSION IN A POSITIVE DIRECTION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 727 -- Senator Garrison: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARGARET HERRON OF ANDERSON COUNTY UPON BEING SELECTED as THE RECIPIENT OF THE JEFFERSON AWARD IN RECOGNITION OF HER UNSELFISH COMMUNITY SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 728 -- Senators Shealy, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE THE DUPONT EMPLOYEES AT THE DEPARTMENT OF ENERGY'S SAVANNAH RIVER PLANT IN AIKEN FOR THEIR OUTSTANDING SAFETY RECORD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 739 -- Senators Moore, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martschink, Martin, Matthews, McConnell, McGill, P.B. McLeod, Mitchell, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES DEPARTMENT OF ENERGY TO CHOOSE ITS SAVANNAH RIVER RESERVATION AS THE SITE FOR THE NEW PRODUCTION REACTOR AUTHORIZED BY CONGRESS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3083 -- Reps. White, Keyserling and Cork: A BILL TO AMEND SECTION 7-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO DELETE FROM THE CODE SECTION THE DESCRIPTION OF THE BOUNDARIES OF THE PRECINCTS, ADD NEW PRECINCTS TO THE LIST OF VOTING PRECINCTS IN THE COUNTY, PROVIDE FOR THE PRECINCT LINES DEFINING ALL OF THE COUNTY'S PRECINCTS, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BEAUFORT COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. WHITE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3084 -- Rep. J. Rogers: A BILL TO AUTHORIZE THE BOARD OF EDUCATION IN MARLBORO COUNTY TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.
Referred to Marlboro Delegation.
H. 3085 -- Rep. Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 68 TO TITLE 38 SO AS TO PROVIDE FOR THE INSURANCE FREEDOM OF CHOICE ACT BY PROHIBITING INSURANCE COMPANIES FROM CONTRACTING FOR GOODS OR SERVICES WITH ANY ORGANIZATION WHOSE MEMBERSHIP IS LIMITED AND PROVIDING PENALTIES.
Referred to Committee on Labor, Commerce and Industry.
H. 3086 -- Rep. Blackwell: A BILL TO AMEND ACT 199 OF 1971, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE A PROCEDURE FOR FILLING VACANCIES IN ITS GOVERNING BODY.
On motion of Rep. BLACKWELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 189 -- Senator Wilson: A BILL TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE REGISTRATION AND LICENSE PLATES FOR PRISONERS OF WAR, SO AS TO PROVIDE THAT A SURVIVING SPOUSE MAY RETAIN THE LICENSE PLATE AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO AD VALOREM TAX EXEMPTIONS, SO AS TO EXTEND TO THE SURVIVING SPOUSE OF A PRISONER OF WAR THE PERSONAL VEHICLE TAX EXEMPTION.
Referred to Committee on Ways and Means.
S. 241 -- Senators Shealy and Setzler: A BILL TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCUSAL OF JURORS FROM JURY DUTY FOR GOOD CAUSE, SO AS TO PROVIDE THAT NO PERSON WHO IS ACTIVELY EMPLOYED AS A CLASSROOM TEACHER MAY SERVE AS A JUROR DURING THE SCHOOL YEAR AND TO PROVIDE PROCEDURES FOR THE EXCUSAL OF THESE CLASSROOM TEACHERS BY THE COURT.
Referred to Committee on Judiciary.
S. 251 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 7 OF TITLE 44 SO AS TO ENACT THE "NURSING HOME LICENSING ACT OF 1987"; TO AMEND SECTION 44-7-130, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO SUBSTITUTE NURSING HOMES FOR NURSING CARE AND INTERMEDIATE FACILITIES WITHIN THE DEFINITIONS OF "HOSPITAL" AND "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-320, RELATING TO THE FRANCHISING APPLICATION REQUIRED BY A HEALTH CARE FACILITY, SO AS TO PROVIDE THAT IF A CERTIFICATE OF NEED HAS BEEN ISSUED WITH SPECIAL CONDITIONS OR RESTRICTIONS ATTACHED, THE DEPARTMENT MAY REMOVE THESE CONDITIONS OR RESTRICTIONS WITHOUT REQUIRING A NEW FRANCHISING APPLICATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 499 -- Banking and Insurance Committee: A BILL TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS, AND TO EXEMPT THE POOL FROM TAXATION, ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, PROVIDE FOR THE CONTINUATION OF COVERAGE UNDER THE GROUP HEALTH PLAN, AND TO REPEAL SECTION 38-35-946 OF THE 1976 CODE RELATING TO MANDATORY CONVERSION OF GROUP HEALTH POLICY.
Referred to Committee on Ways and Means.
S. 655 -- Senator Hayes: A BILL TO ESTABLISH THE LAKE WYLIE MARINE COMMISSION.
Referred to York Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, C. Brown, H. Brown, J. Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Faber Ferguson Foster Foxworth Gentry Gilbert Harris, J. Harris, P. Harvin Haskins Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Williams Winstead
I came in after the roll call and was present for the Session on April 30, 1987.
Jack Gregory John J. Snow L. Edward Bennett David Wilkins M.O. Alexander David O. Hawkins Mike Fair John Felder T.W. Edwards Joseph McElveen, Jr. John H. Burriss Robert B. Brown John W. Mcleod Larry L. Koon
LEAVE OF ABSENCE
The SPEAKER granted Rep. LIMEHOUSE a leave of absence for the day.
Announcement was made that J. Mark Baker of Anderson, is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3076 -- Orangeburg Delegation: A BILL TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE FOR ONE ADDITIONAL MILL OF THE TAX LEVY IN THE COUNTY TO BE USED BY THE COUNTY BOARD OF EDUCATION AND THAT SCHOOL DISTRICT NOS. 3 AND 7 MAY ADD MILLAGE FOR THE 1987-88 FISCAL YEAR WITHOUT A REFERENDUM.
On motion of Rep. McCAIN, with unanimous consent, it was ordered that H. 3076 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.
S. 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.
S. 425 -- Education Committee: A BILL TO AMEND SECTION 59-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION IN REVIEWING THE EDUCATION IMPROVEMENT ACT AND CREATION OF THE PUBLIC ACCOUNTABILITY DIVISION, SO AS TO CHANGE THE DATE FOR ELIMINATION OF THE DIVISION FROM THREE YEARS FROM THE DATE OF IMPLEMENTATION OF THE ACT TO SIX YEARS, TO PROVIDE FOR THE DUTIES OF THE DEPUTY SUPERINTENDENT, AND TO REVISE THE DUTIES OF THE DIVISION.
S. 426 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE FROM NOVEMBER FIRST TO FEBRUARY FIRST THE DATE THE BASIC SKILLS ADVISORY COMMISSION AND THE STATE BOARD OF EDUCATION SHALL REPORT TO THE SELECT COMMITTEE ON AN ANALYSIS OF TEST SCORES AND DATA FOR THE PRECEDING SCHOOL YEAR.
Rep. TOWNSEND explained the Bill.
S. 433 -- Education Committee: A BILL TO AMEND SECTION 59-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR EVALUATING QUALITY OF EDUCATION, THE REVIEW COMMITTEE, AND IMPLEMENTATION OF RECOMMENDATIONS BY SCHOOL DISTRICTS, SO AS TO CHANGE THE REFERENCE TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM.
Rep. L. PHILLIPS moved to adjourn debate upon the following Bill, which was adopted.
S. 428 -- Education Committee: A BILL TO AMEND SECTION 59-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF THE CAPABILITIES OF PERSONS BEING CONSIDERED AS ELEMENTARY OR SECONDARY SCHOOL PRINCIPALS, SO AS TO PROVIDE FOR AN ANNUAL INSTEAD OF A QUARTERLY REPORT ON THE ASSESSMENT AND TO REVISE THE REQUIREMENTS OF THE REPORT.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
H. 2457 -- Reps. Altman and Thrailkill: A BILL TO AMEND SECTION 50-17-1022, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GILL NETS USED FOR SHAD FISHING, SO AS TO REDUCE THE PERMISSIBLE MINIMUM STRETCH MESH SIZE OF A GILL NET FROM FOUR AND ONE-HALF INCHES TO THREE AND ONE-HALF INCHES.
H. 2838 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-21-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT RELATIVE TO BOATING, SO AS TO ADOPT FEDERAL STATUTES AND REGULATIONS PERTAINING TO WATERCRAFT AND WATERCRAFT SAFETY AS THE LAW OF THIS STATE.
H. 2872 -- Rep. Pearce: A BILL TO AMEND SECTION 2-22-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA JOINT COMMITTEE ON AQUACULTURE, THE COORDINATION OF AQUACULTURE AND MARICULTURE DEVELOPMENT, AND THE ESTABLISHMENT OF AN INTERAGENCY ADVISORY STAFF, SO AS TO INCLUDE THE SOUTH CAROLINA WATER RESOURCES COMMISSION AND THE SOUTH CAROLINA STATE DEVELOPMENT BOARD AMONG THE AGENCIES AND INSTITUTIONS REPRESENTED ON THE INTERAGENCY ADVISORY STAFF.
H. 2948 -- Rep. Pearce: A BILL TO REPEAL CHAPTER 45, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAINT LAW.
Rep. SNOW explained the Bill.
H. 2949 -- Rep. Pearce: A BILL TO AMEND SECTION 39-41-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF ETHYL OR METHYL ALCOHOL SOLD FOR FUEL OR PRODUCTION OF GASOHOL, SO AS TO REVISE THE DEFINITION OF GASOHOL, PROVIDE FOR THE PRODUCTION OF MOTOR FUEL, AND PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE IN LIMITING OXYGENATES.
H. 3010 -- Rep. Elliott: A BILL TO AMEND SECTION 50-17-1055, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED DISTANCE OF COMMERCIAL FISHING DEVICES FROM FISHING PIERS OR MANMADE JETTIES, SO AS TO PROVIDE THAT THE ACTIVITIES REFERRED TO IN THIS SECTION ARE NOT BARRED WITHIN THE CORPORATE LIMITS OF A MUNICIPALITY WHOSE NORTHERN AND SOUTHERN BOUNDARIES ARE LOCATED BETWEEN TWO FISHING PIERS WHICH ARE NOT MORE THAN ONE THOUSAND ONE HUNDRED FIFTY YARDS DISTANT FROM EACH OTHER.
H. 2753 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 822, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 2931 -- Rep. McLellan: A BILL TO ESTABLISH A PLAN FOR ALLOCATING THE STATE CEILING ON THE ISSUANCE OF PRIVATE ACTIVITY BONDS IMPOSED BY THE FEDERAL TAX REFORM ACT OF 1986, PUBLIC LAW 99-514.
H. 2665 -- Reps. M.D. Burriss and McAbee: A BILL TO AMEND SECTION 39-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE REGULATION OF CORN MEAL AND GRITS, SO AS TO REVISE THE DEFINITION OF "APPROPRIATE FEDERAL AGENCY"; TO AMEND SECTION 39-29-40 RELATING TO THE LABELING OF CORN MEAL AND CORN GRITS IN THIS STATE SO AS TO FURTHER PROVIDE FOR THIS LABELING; AND TO AMEND SECTION 39-29-50 RELATING TO EXEMPTIONS FROM THE PROVISIONS REGULATING CORN MEAL AND GRITS SO AS TO PERMIT CORN MEAL MADE FROM CLEAN CORN TO BE SOLD IN PACKAGES OF TEN POUNDS OR LESS UNDER CERTAIN CONDITIONS AND TO PROVIDE PENALTIES FOR CERTAIN ADVERTISING VIOLATIONS.
Rep. SNOW explained the Bill.
H. 2941 -- Rep. Townsend: A BILL TO AMEND SECTION 46-21-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLAINTS BY FARMERS AGAINST SEED DEALERS FOR FAILURE OF SEED TO PERFORM AS LABELED, SO AS TO PROVIDE THAT THE REQUIREMENTS FOR FILING A COMPLAINT MUST BE ATTACHED TO THE ANALYSIS LABEL ON THE PACKAGE CONTAINING THE SEED, OR POSTED IN A PROMINENT LOCATION ON THE PREMISES OF THE SEED DEALER'S PLACE OF BUSINESS, AT THE TIME OF PURCHASE BY THE FARMER, TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO FURNISH TO A SEED DEALER, UPON REQUEST, THE REQUISITE NOTICE FOR POSTING PURPOSES REGARDING THE REQUIREMENTS FOR FILING A COMPLAINT, ALLOW THE DEPARTMENT TO CHARGE A CERTAIN FEE FOR EACH NOTICE REQUESTED, REQUIRE THE DEPARTMENT TO PREPARE THE NOTICE USED FOR POSTING PURPOSES SO THAT THE NOTICE USED IS UNIFORM THROUGHOUT THE STATE, AND PROVIDE THAT THE ONLY NOTICE WHICH MAY BE USED FOR POSTING PURPOSES IS THAT FURNISHED BY THE DEPARTMENT.
H. 2947 -- Reps. McAbee and Sharpe: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 21, by the Committee on Labor, Commerce and Industry.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. L. MARTIN asked unanimous consent that S. 379 be read a third time tomorrow.
Rep. KLAPMAN objected.
The following Bill was taken up.
H. 2576 -- Reps. L. Phillips, Altman, Nesbitt, Day, Thrailkill, O. Phillips, McCain, Stoddard, Simpson, Williams, McGinnis, Fair, Beasley, Townsend, Kay and J.C. Johnson: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES BY STUDENTS IN GRADES NINE THROUGH TWELVE, SO AS TO PROVIDE THAT A STUDENT MAY MEET THIS REQUIREMENT BY PASSING A TOTAL OF FIVE ACADEMIC COURSES AND MAINTAINING A PASSING AVERAGE FOR ALL COURSES TAKEN IN THE PRECEDING SEMESTER.
Rep. L. PHILLIPS explained the Bill.
Reps. TAYLOR and J. BROWN objected to the Bill.
Rep. L. PHILLIPS continued speaking.
Reps. FOXWORTH, WHIPPER and T. ROGERS objected to the Bill.
The SPEAKER granted Rep. JONES a leave of absence for the remainder of the day.
The following Bill was taken up.
S. 432 -- Education Committee: A BILL TO AMEND SECTION 59-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELECT COMMITTEE WHICH MAKES RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION ON IMPLEMENTING THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO DELETE THE PROVISIONS REQUIRING THE STATE DEPARTMENT OF EDUCATION TO REPORT ANNUALLY TO THE COMMITTEE ON MANAGEMENT RECOMMENDATIONS TO SCHOOL DISTRICTS AND ON THEIR RESPONSES TO THE RECOMMENDATIONS.
Rep. TOWNSEND explained the Bill and moved to adjourn debate upon the Bill until Tuesday, May 5, which was adopted.
The following Bill was taken up.
S. 434 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT r CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE THE REFERENCES TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM TESTS MANDATED BY THE EDUCATION FINANCE ACT OF 1977 AND TO AUTHORIZE INSTEAD OF REQUIRE THAT STUDENTS SCORING ABOVE THE TWENTY-FIFTH PERCENTILE BE PLACED IN THAT PROGRAM OR THE BASIC SKILLS ASSESSMENT PROGRAM.
Reps. TOWNSEND and L. PHILLIPS proposed the following Amendment No. 1 (reference Committee Report 4/23/87), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The fourth through the seventh paragraphs of Section 59-5-65(9) of the 1976 Code are amended to read:
"For purposes of the South Carolina Education Improvement Act of 1984, compensatory education programs shall be are applicable only to students in grades 1-6 one through six. First priority for placement shall be are students scoring at or below the 25th twenty-fifth percentile as determined from Comprehensive Tests of Basic Kills (CTBS) the Statewide Testing Program (STP) tests mandated by the Education Finance Act of 1977 or Basic Skills Assessment Program (BSAP) test scores in reading and mathematics and who are recommended for such placement by teachers. Students scoring above the 25th twenty-fifth percentile shall be placed in the program as funds permit.
Definition of Remedial Education Student. Remedial education students are those who have not adequately mastered the skills and concepts presented through previous instruction. As a result of unlearned skills and concepts these students have developed gaps in their learning which restrict or impede continuous progress toward educational goals. Therefore, these students can be expected to perform below state standard on BSAP tests and below grade level on CTBS STP tests.
Definition of Remedial Education Program. Remedial education programs are those which provide instruction especially designed to reteach and reinforce specific basic skills in the areas of reading, writing, and mathematics. These programs may be provided to students through special instruction during the regular school day, for intensive periods during the summer, in study hall, and before or after school.
For purposes of the South Carolina Education Improvement Act of 1984, remedial instruction programs shall be are applicable only to students in grades 2-12 two through twelve scoring below state standards on BSAP tests or its equivalent on CTBS STP and who are recommended for such the programs by teachers. The policy of the remedial program shall be is to give primary emphasis to those grades which experience the greatest failure rate. As additional funds become available for the remedial program, students in grades 7-12 seven through twelve scoring above the 25th twenty-fifth percentile shall must be included in the remedial program with priority for funding given to middle school students."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Reps. McTEER, BLANDING and KLAPMAN objected to the Bill.
The following was introduced:
H. 3087 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2869, RELATING TO THE GAS TAX, FOR THIRD READING OR OTHER CONSIDERATION ON APRIL 30, 1987, IMMEDIATELY FOLLOWING CONSIDERATION OF SENATE AMENDMENTS TO BILLS AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2869 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2869 be set by special order for third reading or other consideration on April 30, 1987, immediately following consideration of Senate amendments to bills and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 2869 is given third reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
The question then recurred to the adoption of the Resolution, which was agreed to by a division vote of 70 to 26.
Rep. McABEE moved to adjourn debate upon the following Joint Resolution until Tuesday, May 12, which was adopted.
H. 2930 -- Rep. McLellan: A JOINT RESOLUTION TO CONTINUE THE APPLICABLE PROVISIONS AND APPROPRIATIONS OF ACT 540 OF 1986 FOR A CERTAIN PERIOD.
The following Bill was taken up.
H. 2959 -- Rep. Pearce: A BILL TO AMEND SECTIONS 46-41-210 THROUGH 46-41-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE DEALERS AND HANDLERS GUARANTY FUND, ASSESSMENT ON GRAIN, AND THE REQUIREMENT FOR THE STATE TREASURER TO ADMINISTER THE FUND, AND ESTABLISH THE PROPOSED AMOUNT AND CLAIMS RELATED TO THE FUND, SO AS TO REDEFINE THE TERMS "FAIR MARKET VALUE" AND "DATE OF LOSS", INCREASE THE ASSESSMENT AND REQUIRE THE GRAIN DEALER TO BE RESPONSIBLE FOR PAYING THE INCREASE, NOT REQUIRE THE COLLECTION OF THE ASSESSMENT AT THE THREE MILLION DOLLAR LEVEL, PROVIDE PROTECTION FOR OTHERS SELLING GRAIN IN ADDITION TO THE PRODUCERS, DISALLOW PAYMENT OF BAD CHECKS THAT ARE HELD MORE THAN THIRTY DAYS, AND DELETE THE PAYOUT SCHEDULE AND REQUIRE CLAIMS TO BE PAID ON A FIRST COME FIRST SERVE BASIS: AND TO REPEAL SECTION 46-41-250, RELATING TO THE PROVISIONS FOR WAIVER OF PARTICIPATION IN THE FUND.
Reps. CHAMBLEE, TUCKER, WASHINGTON and KLAPMAN objected to the Bill.
The following Bill was taken up.
H. 3011 -- Reps. Harvin and Pearce: A BILL TO PROVIDE FOR ADDITIONAL LEGISLATIVE MEMBERS ON BOARDS AND COMMITTEES UNDER THE SUBJECT MATTER JURISDICTION OF THE AGRICULTURE AND NATURAL RESOURCES COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.
Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 4287Y).
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Two members are added to the State Commission of Forestry, State Land Resources Conservation Commission, South Carolina Public Service Authority, and South Carolina Water Resources Commission. One member is the chairman of the House Agriculture and Natural Resources Committee or his designee, and one member is the chairman of the Senate Agriculture and Natural Resources Committee or his designee./
Amend title to conform.
Rep. PEARCE explained the amendment.
Further proceedings were interrupted by the expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. PEARCE having the floor.
Rep. T. ROGERS moved that the House recur to the morning hour.
Rep. TOAL moved to table the motion, which was not agreed to.
The question then recurred to the motion to recur to the morning hour, which was rejected by a division vote of 40 to 43.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 2333 -- Rep. Helmly: A JOINT RESOLUTION TO AMEND SECTION 40, PART I OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, BY DELETING PROVISOS RELATING TO RESTRICTIONS ON THE USE OF FUNDS FROM THE SETTLEMENT OF THE NURSING HOME LAWSUIT AND AUTHORITY TO CARRY OVER UNSPENT MEDICAID FUNDS TO DEVELOP A HEALTH MAINTENANCE ORGANIZATION PILOT PROJECT AND TO PROVIDE THAT STATE FUNDS MADE AVAILABLE AS A RESULT OF THE DELETIONS MUST BE USED TO REDUCE THE CURRENT MEDICAID DEFICIT.
Rep. HELMLY explained the Senate amendment.
The Senate amendments were agreed to, and the Joint Resolution, 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 Senate amendments to the following Bill were taken up for consideration.
H. 2496 -- Reps. Kohn and J. Bradley: A BILL TO AMEND SECTION 38-43-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF CERTAIN INSURANCE FILINGS, SO AS TO EXTEND FROM SIXTY DAYS TO ONE YEAR THE MAXIMUM ADDITIONAL WAITING PERIOD THE CHIEF INSURANCE COMMISSIONER MAY REQUEST BEFORE HE IS REQUIRED TO RULE ON THE FILING.
Rep. J. BRADLEY moved to adjourn debate upon the Senate amendments until Tuesday, May 5, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 2050 -- Reps. Kirsh, Klapman, Holt and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-1-100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE OR ACT AS A CREWMEMBER OF ANY AIRCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO PROVIDE FOR BLOOD ALCOHOL TESTS AND IMPLIED CONSENT TO THE TESTS, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO DEFINE CREWMEMBER.
Rep. WILKINS explained the Senate amendment.
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 Senate amendments to the following Bill were taken up for consideration.
H. 2033 -- Reps. Hayes and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-215 SO AS TO AUTHORIZE MULTIPLE LAW ENFORCEMENT JURISDICTIONS TO CONTRACT WITH ONE ANOTHER FOR THE PURPOSE OF CRIMINAL INVESTIGATION ONLY AND TO AUTHORIZE LAW ENFORCEMENT OFFICERS TO HAVE JURISDICTION WITHIN OTHER JURISDICTIONS.
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 was received. Columbia, S.C., April 30, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:00 Noon today for the purpose of Ratifying Acts.
Very respectfully,
President.
On motion of Rep. McABEE the invitation was accepted.
The following Bill was taken up.
H. 2869 -- Reps. Sheheen, J. Rogers, Dangerfield, Hawkins, McLellan, Pearce, L. Phillips, Toal and Wilkins: A BILL TO AMEND CHAPTER 27 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GASOLINE TAXES, BY ADDING ARTICLE 13 SO AS TO IMPOSE ADDITIONAL TAXES ON THE SALE OF GASOLINE, PROVIDE FOR AN ADDITIONAL CREDIT FOR CERTAIN FUEL PURCHASES IN THE STATE, PROVIDE FOR THE DISTRIBUTION AND USE OF REVENUE DERIVED FROM THE ADDITIONAL TAX, PROVIDE THAT OF THE PROCEEDS DERIVED FROM THE ADDITIONAL TAXES TEN MILLION DOLLARS MUST BE SEGREGATED IN A SEPARATE ACCOUNT FOR ECONOMIC DEVELOPMENT AND PROVIDE FOR EXPENDITURES FROM THIS ACCOUNT, REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUBMIT A PRIORITY LIST OF PROJECTS TO BE FUNDED UNDER THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, REQUIRE THE DEPARTMENT TO REVIEW THE PRIORITY LIST IN ORDER TO ASCERTAIN THE POSSIBILITY OF CONSTRUCTING TOLL ROADS AND ESTABLISH CRITERIA FOR THEIR CONSTRUCTION, ESTABLISH A COMMITTEE TO MONITOR THE EXPENDITURE OF FUNDS FOR THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, AND TO REQUIRE THE DEPARTMENT TO COOPERATE IN PROVIDING INFORMATION AND ASSISTANCE TO IMPLEMENT THE PROVISIONS OF ARTICLE 13 OF CHAPTER 27 OF TITLE 12.
Rep. McTEER moved immediate cloture on the entire matter.
Rep. J. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Carnell Cork Dangerfield Edwards Elliott Faber Fair Foster Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Hawkins Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Keyserling Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Pearce Phillips, L. Rhoad Rogers, J. Rudnick Sheheen Shelton Short Snow Stoddard Toal Washington Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
Aydlette Baker Bradley, J. Bradley, P. Brown, R. Burriss, M.D. Chamblee Clyborne Cooper Davenport Derrick Ferguson Foxworth Haskins Huff Kirsh Klapman Kohn Mappus McCain McEachin Moss Pettigrew Petty Rogers, T. Sharpe Simpson Sturkie Thrailkill Townsend Tucker Waldrop Wells Winstead
So, immediate cloture was ordered.
Reps. WALDROP, WINSTEAD and AYDLETTE spoke against the Bill.
Rep. MAPPUS moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Baker Bradley, P. Brown, R. Burriss, J.H. Burriss, M.D. Clyborne Corning Davenport Derrick Foxworth Haskins Kirsh Klapman Mappus Pettigrew Simpson Sturkie Taylor Thrailkill Tucker Waldrop Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, C. Brown, J. Carnell Chamblee Cooper Dangerfield Edwards Elliott Faber Fair Foster Gentry Gilbert Gregory Harris, P. Harvin Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Lewis Lockemy Martin, D. Martin, L. McAbee McBride McEachin McElveen McGinnis McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rogers, J. Rogers, T. Sheheen Shelton Short Snow Stoddard Toal Townsend Washington Whipper White Wilder Wilkins
So, the House refused to adjourn.
Rep. AYDLETTE continued speaking.
Reps. L. MARTIN, HENDRICKS, OGBURN and THRAILKILL spoke against the Bill.
Reps. HOLT and GENTRY spoke in favor of the Bill.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of the Bill, immediate cloture having been ordered.
At 12:00 Noon the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R99) 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 1985, 1986, AND 1987 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1987, TO REQUIRE REFUND OF EXCESS 1986 TAXES PAID BECAUSE OF THE FAILURE TO FILE TIMELY THE EXEMPTION APPLICATION; AND TO AMEND SECTION 12-3-145, AS AMENDED, RELATING TO THE METHOD OF OBTAINING EXEMPTION FROM PROPERTY TAXES, SO AS TO ELIMINATE THE REQUIREMENT FOR ANNUAL APPLICATIONS AND TO INCLUDE WITHIN THE PURVIEW OF THE SECTION THE EXEMPTION FOR BUSINESS INVENTORIES.
(R100) S. 488 -- Senators Williams and Thomas E. Smith, Jr.: AN ACT 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.
(R101) S. 180 -- Senator Hayes: AN ACT TO AMEND SECTION 23-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES AND COMMISSIONS OF SHERIFFS, SO AS TO FURTHER PROVIDE FOR THESE FEES AND COMMISSIONS.
(R102) S. 274 -- Senators Setzler, Garrison, Horace C. Smith and Thomas E. Smith, Jr.: AN ACT 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".
(R103) S. 330 -- Senator Dennis: AN ACT 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.
(R104) S. 536 -- Senators Setzler and Moore: AN ACT 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.
(R105) S. 319 -- Finance Committee: - AN ACT 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.
(R106) H. 2331 -- Reps. Pearce and Foxworth: AN ACT TO AMEND SECTIONS 48-45-20, 48-45-40, 48-45-50, 48-45-60, 48-45-70, AND 48-45-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SEA GRANT CONSORTIUM, SO AS TO DELETE SECRETARY TREASURER FROM THE LIST OF OFFICERS REQUIRED, TO CHANGE THE NAME OF SEA GRANT DIRECTOR TO THE CONSORTIUM DIRECTOR, AND TO REDEFINE HIS POWERS AND DUTIES, AND TO REPEAL SECTIONS 48-45-30 AND 48-45-90 RELATING TO THE PRINCIPAL OFFICE OF SEA GRANT CONSORTIUM AND TO ASSOCIATE SEA GRANT DIRECTORS.
(R107) H. 2130 -- Reps. Hayes, Fair and Hearn: AN ACT TO AMEND CHAPTER 1 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ENTER INTO THE DRIVER LICENSE COMPACT.
(R108) H. 2622 -- Rep. Wilder: AN ACT TO CLOSE A PORTION OF GREEN SAVANNAH LAKE ROAD IN BARNWELL COUNTY AND TO TERMINATE ALL RIGHTS, DUTIES, OR RESPONSIBILITIES THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS HAVE IN CONNECTION WITH THIS ROAD AND DEVOLVE THEM ON THE OWNER OF THE PROPERTY ON WHICH THE ROAD IS LOCATED.
(R109) H. 2121 -- Reps. Nettles and Washington: AN ACT 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, MILITARY TRAINING, AND FRATERNAL ORGANIZATIONS WITH A MINIMUM AGE LIMIT OF TWENTY-ONE; AND TO PROVIDE THAT IMPLIED OR EXPRESS CONSENT TO AN INITIATION ACTIVITY IS NOT A DEFENSE.
(R110) H. 2196 -- Reps. J. Bradley, Holt and Winstead: AN ACT TO AMEND SECTION 6- 11 -650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF HISTORICAL OR RECREATIONAL DISTRICTS FROM THE PROVISIONS OF ARTICLE 3 OF CHAPTER 11 OF TITLE 6 CONCERNING THE ALTERATION OF BOUNDARIES AND THE ISSUANCE OF GENERAL OBLIGATION BONDS OF SPECIAL PURPOSE DISTRICTS, SO AS TO DELETE RECREATIONAL DISTRICTS FROM THE EXEMPTION.
(R111) H. 2158 -- Reps. Mattos, Davenport, Clyborne, Carnell, Kirsh, Shelton, Foxworth, Elliott, Mappus, Rice, P. Bradley, McElveen, T.M. Burriss, E.B. McLeod, Blackwell and M.O. Alexander: AN ACT TO AMEND SECTION 34-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT INTENT IN DRAWING CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT SUBSEQUENT PERSONS RECEIVING A CHECK, DRAFT, OR OTHER WRITTEN ORDER BY ENDORSEMENT FROM THE ORIGINAL PAYEE OR A SUCCESSOR ENDORSEE HAVE THE SAME RIGHTS THAT THE ORIGINAL PAYEE HAS AGAINST THE MAKER OF THE INSTRUMENT, IF THE MAKER OF THE INSTRUMENT HAS THE SAME DEFENSES AGAINST SUBSEQUENT PERSONS AS HE MAY HAVE HAD AGAINST THE ORIGINAL PAYEE.
(R112) H. 2451 -- Rep. T.M. Burriss: AN ACT TO AMEND SECTION 34-3-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF BANKS AND TRUST COMPANIES TO CONSOLIDATE OR MERGE AND PROVIDE FOR THE SALE OF THE ASSETS TO ANOTHER BANK OR TRUST COMPANY, SO AS TO PROVIDE FOR TRANSFERS WITHOUT CONSIDERATION OF TRUST COMPANY ASSETS AND BUSINESS TO AND FROM A RELATED BANK.
At 12:10 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, immediate cloture having been ordered.
H. 2869 -- Reps. Sheheen, J. Rogers, Dangerfield, Hawkins, McLellan, Pearce, L. Phillips, Toal and Wilkins: A BILL TO AMEND CHAPTER 27 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GASOLINE TAXES, BY ADDING ARTICLE 13 SO AS TO IMPOSE ADDITIONAL TAXES ON THE SALE OF GASOLINE, PROVIDE FOR AN ADDITIONAL CREDIT FOR CERTAIN FUEL PURCHASES IN THE STATE, PROVIDE FOR THE DISTRIBUTION AND USE OF REVENUE DERIVED FROM THE ADDITIONAL TAX, PROVIDE THAT OF THE PROCEEDS DERIVED FROM THE ADDITIONAL TAXES TEN MILLION DOLLARS MUST BE SEGREGATED IN A SEPARATE ACCOUNT FOR ECONOMIC DEVELOPMENT AND PROVIDE FOR EXPENDITURES FROM THIS ACCOUNT, REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUBMIT A PRIORITY LIST OF PROJECTS TO BE FUNDED UNDER THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, REQUIRE THE DEPARTMENT TO REVIEW THE PRIORITY LIST IN ORDER TO ASCERTAIN THE POSSIBILITY OF CONSTRUCTING TOLL ROADS AND ESTABLISH CRITERIA FOR THEIR CONSTRUCTION, ESTABLISH A COMMITTEE TO MONITOR THE EXPENDITURE OF FUNDS FOR THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, AND TO REQUIRE THE DEPARTMENT TO COOPERATE IN PROVIDING INFORMATION AND ASSISTANCE TO IMPLEMENT THE PROVISIONS OF ARTICLE 13 OF CHAPTER 27 OF TITLE 12.
Rep. P. HARRIS spoke in favor of the Bill. The question then recurred to the passage of the Bill on third reading.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Bailey, K. Barfield Beasley Bennett Blanding Boan Bradley, J. Brown, J. Carnell Cork Dangerfield Edwards Elliott Faber Felder Foster Gentry Gilbert Gregory Harris, P. Harvin Hawkins Helmly Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Lewis Lockemy Martin, D. McAbee McBride McElveen McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Pearce Phillips, L. Rhoad Rogers, J. Sheheen Shelton Short Snow Stoddard Toal Townsend Washington Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Aydlette Baker Baxley Blackwell Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Chamblee Clyborne Cooper Corning Davenport Derrick Fair Foxworth Harris, J. Haskins Hendricks Huff Kirsh Koon Mappus Martin, L. Mattos McCain McEachin McGinnis Moss Ogburn Pettigrew Petty Phillips, O. Rice Rogers, T. Rudnick Sharpe Simpson Sturkie Taylor Thrailkill Tucker Waldrop Wells Winstead
So, the Bill was read the third time, and ordered sent to the Senate.
The SPEAKER Pro Tempore granted Rep. SHELTON a leave of absence for the remainder of the day.
The SPEAKER Pro Tempore granted Reps. CHAMBLEE and McLELLAN a leave of absence for the remainder of the day.
Rep. TOAL moved that the House recur to the morning hour.
Rep. KIRSH moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Aydlette Bradley, J. Brown, G. Brown, R. Burriss, J.H. Burriss, M.D. Chamblee Cork Davenport Fair Foxworth Gregory Harris, P. Hendricks Holt Kirsh Koon Lewis Mappus McEachin McGinnis Pettigrew Phillips, O. Rhoad Shelton Short Simpson Sturkie Townsend Waldrop Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Brown, H. Brown, J. Carnell Clyborne Cooper Dangerfield Derrick Edwards Elliott Faber Felder Foster Gentry Gilbert Harris, J. Harvin Haskins Hawkins Helmly Hodges Huff Johnson, J.C. Johnson, J.W. Keyserling Klapman Lockemy Martin, D. Martin, L. Mattos McAbee McCain McElveen McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Snow Stoddard Thrailkill Toal Tucker Washington Wells Whipper White Wilder Wilkins Williams
So, the House refused to adjourn.
The question then recurred to the motion that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3088 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE LESLIE HENRY BASS FOR HIS MANY ACCOMPLISHMENTS IN FOOTBALL, BASKETBALL, AND BASEBALL UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3089 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE GEORGE JOHNSON FOR HIS MANY ACCOMPLISHMENTS AS A CROSS COUNTRY AND TRACK COACH AT BROOKLAND-CAYCE HIGH SCHOOL UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3090 -- Reps. Harvin, White, Faber, K. Bailey, Blanding, Shelton, Taylor, Washington, Whipper, Williams, J. Brown, Ferguson, Foster, Gilbert, D. Martin, McBride, Pearce, Snow, Barfield, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, Baker, Baxley, Beasley, Bennett, Blackwell, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Fair, Felder, Foxworth, Gentry, Gregory, J. Harris, P. Harris, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, L. Martin, Mattos, McAbee, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Stoddard, Sturkie, Thrailkill, Toal, Townsend, Tucker, Waldrop, Wells, Wilder, Wilkins and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. ALPHONSO GORDON OF WILLIAMSBURG COUNTY, THE BROTHER OF OUR RESPECTED AND ESTEEMED COLLEAGUE, THE HONORABLE B.J. GORDON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 740 -- Senator Thomas E. Smith, Jr.: A CONCURRENT RESOLUTION TO PROVIDE THAT IT WAS AND IS THE INTENT OF THE GENERAL ASSEMBLY IN THE ADOPTION OF SECTION 11, PART II OF ACT 178 OF 1981, WHICH MAKES REFERENCES TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980 (PUBLIC LAW 96-510), TO ADOPT ALL SUBSEQUENT AMENDMENTS TO THIS ACT AS CODIFIED AND ENACTED INTO FEDERAL LAW FROM THE EFFECTIVE DATE OF THE FEDERAL AMENDMENTS.
Five members objecting to immediate consideration the Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3091 -- Reps. Beasley and Wilkins: A BILL TO AMEND ACT 464 of 1986, RELATING TO THE ADOPTION OF CHILDREN, SO AS TO PROVIDE FOR ADOPTION PROCEEDINGS IN PROGRESS BEFORE THE EFFECTIVE DATE OF THE ACT IN WHICH CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR THE PURPOSE OF ADOPTION TO BE CARRIED TO CONCLUSION PURSUANT TO THE ADOPTION PROVISIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS THEY EXISTED BEFORE THE EFFECTIVE DATE.
Referred to Committee on Judiciary.
H. 3092 -- Reps. Lockemy, J. Rogers and J.W. McLeod: A JOINT RESOLUTION TO PROHIBIT DEER HUNTING IN A DESIGNATED AREA OF DILLON AND MARLBORO COUNTIES FROM SEPTEMBER 15, 1987, THROUGH JANUARY 1, 1993.
On motion of Rep. LOCKEMY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 650 -- Senators Nell W. Smith, Hayes, Moore, Mitchell, Bryan, Lindsay, Thomas E. Smith, Jr, Holland, Shealy, Martin, Dennis, Williams, Land, Patterson, Pope, Courson, McGill, Powell, Giese, Macaulay, Lourie, Doar, J. Verne Smith, Garrison, Horace C. Smith, Waddell, McConnell, Peeler, Hinson, Lee, Saleeby, Applegate, Stilwell, Matthews, Setzler, Drummond, Wilson, Thomas and Branton: A Bill TO AMEND CHAPTER 7, ARTICLE 9, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1335 SO AS TO ALLOW A FIRST TIME NONVIOLENT JUVENILE OFFENDER TO PETITION THE FAMILY COURT FOR THE DESTRUCTION OF HIS JUVENILE RECORD UNDER CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
S. 689 -- Senator Garrison: A BILL TO PHASE OUT OVER THREE YEARS THE COUNTYWIDE SCHOOL TAX LEVY IN ANDERSON COUNTY AND PROVIDE FOR INCREASES IN THE SCHOOL TAX LEVIES IN THE INDIVIDUAL SCHOOL DISTRICTS OF ANDERSON COUNTY EQUAL TO THE PHASED-OUT TAXES.
Referred to Anderson Delegation.
S. 690 -- Senator Hayes: A BILL TO PROVIDE FOR THE LEVY OF SCHOOL TAXES IN YORK COUNTY.
Referred to York Delegation.
S. 691 -- Senator Hayes: A BILL TO AMEND ACT 246 OF 1983, RELATING TO THE LEVY AND DISTRIBUTION OF SCHOOL TAXES IN YORK COUNTY, SO AS TO REVISE THE MILLAGE.
Referred to York Delegation.
S. 717 -- Senators Setzler, Drummond, Peeler, Moore and Hinson: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 SO AS TO REQUIRE ADVERTISEMENTS OF TEXTILE PRODUCTS TO DISCLOSE WHETHER THE PRODUCTS ARE IMPORTED OR MADE IN THE UNITED STATES OF AMERICA.
Referred to Committee on Labor, Commerce and Industry.
The following Bill was taken up.
S. 428 -- Education Committee: A BILL TO AMEND SECTION 59-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF THE CAPABILITIES OF PERSONS BEING CONSIDERED AS ELEMENTARY OR SECONDARY SCHOOL PRINCIPALS, SO AS TO PROVIDE FOR AN ANNUAL INSTEAD OF A QUARTERLY REPORT ON THE ASSESSMENT AND TO REVISE THE REQUIREMENTS OF THE REPORT.
Rep. L. PHILLIPS, with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 4493Y), which was adopted.
Amend the bill, as and if amended, Section 59-24-10 as contained in SECTION 1, page 2, line 4, by adding /prospective/ before /principals/.
Amend title to conform.
Rep. L. PHILLIPS explained the amendment.
The amendment was then adopted.
The Bill as amended, was read the third time and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. PEARCE having the floor.
H. 3011 -- Reps. Harvin and Pearce: A BILL TO PROVIDE FOR ADDITIONAL LEGISLATIVE MEMBERS ON BOARDS AND COMMITTEES UNDER THE SUBJECT MATTER JURISDICTION OF THE AGRICULTURE AND NATURAL RESOURCES COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.
Debate was resumed on Amendment No. 1 by the Committee on Agriculture and National Resources.
Rep. PEARCE continued speaking.
Rep. KLAPMAN objected to the Bill.
The amendment was then adopted.
Rep. HARVIN proposed the following Amendment No. 2 (Doc. No. 4499Y), which was adopted.
Amend the report, as and if amended, SECTION 1, line 32, by inserting /The members provided for in this section must not be compensated for their service beyond any allowable mileage, per diem, or subsistence./ after /designee./.
Amend title to conform.
Rep. PEARCE explained the amendment.
Rep. AYDLETTE moved that the House do now adjourn.
Rep. L. MARTIN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Aydlette Bailey, K. Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, R. Burriss, J.N. Burriss, M.D. Cork Derrick Fair Ferguson Foxworth Gilbert Hendricks Hodges Holt Johnson, J.W. Koon Lewis Mappus Martin, D. Mattos McEachin McGinnis McLeod, J.W. Nesbitt Nettles Ogburn Phillips, O. Sharpe Short Simpson Stoddard Sturkie Taylor Thrailkill Townsend Waldrop
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barfield Baxley Beasley Blanding Brown, H. Brown, J. Carnell Clyborne Cooper Davenport Day Edwards Elliott Faber Felder Gentry Harris, J. Harvin Haskins Hawkins Helmly Huff Johnson, J.C. Keyserling Kirsh Klapman Lockemy Martin, L. McAbee McBride McCain McElveen McLeod, E.B. McTeer Moss Neilson Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Snow Toal Wells White Wilder Williams Winstead
So, the House refused to adjourn.
The question then recurred to the adoption of the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
H. 2651 -- Reps; M.O. Alexander, Blackwell, Baker, L. Phillips, Thrailkill, P. Bradley, J.H. Burriss, J.W. Johnson, Haskins, Rice, Hayes, Fair, Hodges, Simpson, E.B. McLeod, Day, Clyborne, O. Phillips, McTeer and Evatt: A BILL TO AMEND CHAPTER 7 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES BY ADDING SECTION 5-7-155 SO AS TO PROVIDE THAT IF ANY PORTION OF A STREET OR HIGHWAY IS WITHIN THE BOUNDARY OF A MUNICIPALITY, THE REMAINING PORTION OF THE STREET OR HIGHWAY NOT WITHIN THE MUNICIPAL BOUNDARY BUT TOUCHING THE BOUNDARY IS NEVERTHELESS CONSIDERED TO BE WITHIN THE BOUNDARY OF THAT MUNICIPALITY FOR PURPOSES OF ITS POLICE JURISDICTION.
Rep ALEXANDER explained the Bill.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that S. 194 be read the third time tomorrow.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 2651 be read the third time tomorrow.
The following Bill was taken up.
H. 2639 -- Reps. Helmly, Day, H. Brown, Williams, Holt, Dangerfield, D. Martin, C. Bailey and Washington: A BILL TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE FOR ADDITIONAL POWERS; AND TO AMEND SECTION 58-31-80, RELATING TO THE PURPOSE AND OBLIGATIONS OF THE AUTHORITY, SO AS TO PROVIDE AN ADDITIONAL PURPOSE.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 21, by the Committee on Education and Public Works.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
Rep. PEARCE proposed the following Amendment No. 2 (Doc. No. 4500Y), which was adopted.
Amend the report of the Committee on Education and Public Works, as and if amended, by striking the first sentence of item (23) of Section 58-31-30 of the 1976 Code as contained in SECTION 1 and inserting:
/(23) To acquire, treat, transmit, distribute, and sell water at wholesale within the following jurisdictions, if requested in writing to do so by the governing body of any incorporated municipality, by the governing body of any special purpose district providing water service in the unincorporated areas of a county, or by the governing body of a county for those unincorporated areas not so provided water service by a special purpose district./
Amend title to conform.
Rep. PEARCE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HELMLY, with unanimous consent, it was ordered that H. 2639 be read the third time tomorrow.
The following Bill was taken up.
H. 2014 -- Reps. Wilkins and P. Bradley: A BILL TO AMEND SECTION 20-7-3010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INJUNCTIONS BY THE DEPARTMENT OF SOCIAL SERVICES AGAINST THE CONTINUING OPERATIONS OF CHILD DAY CARE FACILITIES, SO AS TO PROVIDE FOR THE INJUNCTIONS TO BE BROUGHT IN THE FAMILY COURT INSTEAD OF THE CIRCUIT COURT.
Rep. TOAL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2648 -- Reps. Wilkins, Evatt, Beasley and Corning: A BILL TO AMEND SECTION 20-7-1740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AN INVESTIGATION BE MADE BY A PRIVATE OR PUBLIC WELFARE ORGANIZATION TO BE FILED WITH THE COUNTY WHEN THE FILING OF PETITION FOR ADOPTION IS MADE, SO AS TO ESTABLISH THE SPECIFIC TYPES OF INVESTIGATIONS AND REPORTS WHICH MUST BE COMPLETED PRIOR TO THE FINAL HEARING FOR ADOPTION; AND TO AMEND SECTION 20-7-1780, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL HEARINGS AND RECORDS HELD IN PROCEEDINGS UNDER ARTICLES 7, 9, AND 11, CHAPTER 7. TITLE 20 MUST BE CONFIDENTIAL AND HELD IN CLOSED COURT, SO AS TO REQUIRE THAT ALL FILES AND RECORDS PERTAINING TO ADOPTION PROCEEDINGS IN THE DEPARTMENT OF SOCIAL SERVICES ALSO MUST BE CONFIDENTIAL AND WITHHELD FROM INSPECTION IF THEY ARE MAINTAINED BY ANY PERSON CERTIFIED UNDER THE PROVISIONS OF SECTION 20-7-1750.
Rep. T. ROGERS 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. BLACKWELL moved to waive Rule 6.1, which was rejected.
Rep. BLACKWELL moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were not ordered.
The motion to adjourn was then agreed to by a division vote of 60 to 25.
The Senate returned to the House with concurrence the following:
H. 2404 -- Rep. G. Brown: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS NOT TO ENACT ANY LEGISLATION THAT HAS THE EFFECT OF REMOVING OR IMPAIRING THE BENEFITS ACCRUING TO THE MILITARY VETERANS WHO GAVE THEIR LOYALTY AND THEIR DEVOTION IN DEFENSE OF THESE UNITED STATES OF AMERICA.
H. 2765 -- Reps. Harvin, Washington, Beasley, Faber, J.W. McLeod, H. Brown, Nesbitt, Taylor, Williams, Petty and Wells: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT SUCH LEGISLATION AS WILL CAUSE THE FEDERAL COMMUNICATIONS COMMISSION TO LIMIT THE SCOPE OF VIOLENCE WHICH MAY BE DEPICTED ON TELEVISION INCLUDING A LIMITATION ON VIOLENCE IN BROADCAST TIMES WHEN CHILDREN AND YOUNG PEOPLE ARE A MAJOR PART OF THE VIEWING AUDIENCE.
H. 3005 -- Rep. Pearce: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION THAT WILL CAUSE THE CONTINUATION OF THE NATIONAL AGRICULTURAL PESTICIDE IMPACT ASSESSMENT PROGRAM AND THE INTERREGIONAL PROJECT 4 PROGRAM FOR FISCAL YEAR 1988.
H. 3077 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND CAROL WALDRON, OWNER AND OPERATOR OF THE COLUMBIA ATHENAEUM, FOR HER TIRELESS EFFORTS TO PROMOTE SOUTHERN LITERATURE AND TO PRESERVE SOUTHERN HISTORY.
H. 3078 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE SUE HOOK DRAFTS FOR HER MANY ACCOMPLISHMENTS IN BASKETBALL UPON HER INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
H. 3079 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE RICHARD "SNAKE" WILLIAMS FOR HIS MANY ACCOMPLISHMENTS IN BOXING UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
H. 3080 -- Reps. Rhoad and Wilder: A CONCURRENT RESOLUTION CONGRATULATING DR. HENRY LUCIUS LAFFITTE OF ALLENDALE COUNTY UPON BEING CHOSEN AS THE SOUTH CAROLINA FAMILY PHYSICIAN OF THE YEAR FOR 1987, AND COMMENDING HIM FOR HIS DEDICATION TO FAMILY MEDICINE AND HIS EXCELLENT SERVICE TO THE COMMUNITY IN THIS AREA.
H. 3081 -- Reps. Simpson and Hendricks: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MRS. HELEN CHAMBLEE LEE OF CENTRAL, PICKENS COUNTY, AN INSTRUCTOR AT D.W. DANIEL HIGH SCHOOL, FOR HER MANY YEARS OF LOYAL AND DEDICATED SERVICE TO HER STUDENTS AND THE SCHOOL WHICH SHE SERVED SO WELL AND TO EXTEND BEST WISHES UPON HER RETIREMENT.
H. 3082 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE FRED R. SHEHEEN OF CAMDEN UPON BEING SELECTED AS THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION AND EXPRESSING CONFIDENCE IN HIS ABILITY TO LEAD THE COMMISSION IN A POSITIVE DIRECTION.
H. 3088 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE LESLIE HENRY BASS FOR HIS MANY ACCOMPLISHMENTS IN FOOTBALL, BASKETBALL, AND BASEBALL UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
H. 3089 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE GEORGE JOHNSON FOP HIS MANY ACCOMPLISHMENTS AS A CROSS COUNTRY AND TRACK COACH AT BROOKLAND-CAYCE HIGH SCHOOL UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
H. 3090 -- Reps. Harvin, White, Faber, K. Bailey, Blanding, Shelton, Taylor, Washington, Whipper, Williams, J. Brown, Ferguson, Foster, Gilbert, D. Martin, McBride, Pearce, Snow, Barfield, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, Baker, Baxley, Beasley, Bennett, Blackwell, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Fair, Felder, Foxworth, Gentry, Gregory, J. Harris, P. Harris, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, L. Martin, Mattos, McAbee, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Stoddard, Sturkie, Thrailkill, Toal, Townsend, Tucker, Waldrop, Wells, Wilder, Wilkins, and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. ALPHONSO GORDON OF WILLIAMSBURG COUNTY, THE BROTHER OF OUR RESPECTED AND ESTEEMED COLLEAGUE, THE HONORABLE B. J. GORDON.
At 1:00 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 10:00 A.M. tomorrow.
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