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 Maker and Sustainer, with bowed heads we pause at the beginning of this day to acknowledge our dependence upon You and to invoke Your blessings upon us. Cleanse our hearts of all that is impure that we may fervently seek Your way and faithfully endeavor to do Your will in our service to the people of this great State. We need Your help as we see the troubles of our time, perplexed by persistent problems, worn out by worries. Give us the determination to carry on and the courage to stand up for what is right that we may keep our honor bright, out patriotism high, and our trust in Cod undimmed.
Send us forth into the duties of this day strong in Your presence and in the power of Your might. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following were received.
May 1, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 838)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on May 1, 1987 regulations concerning Certification of Adoption Investigators and Persons Obtaining Consent or Relinquent from the S.C. Department of Social Services.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
April 30, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 839)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on April 30, 1987 regulations concerning Quality Standards and Practices for the Microfilming of Public Records from the S.C. Department of Archives and History.
They are hereby referred to the Committee on Education and Public Works for consideration.
Sincerely,
Robert J. Sheheen
May 4, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 843)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on May 1, 1987 regulations concerning Licensure from the S.C. Board of Pharmacy.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received from the Senate.
The following was received.
Columbia, S.C., May 5, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2263:
H. 2263 -- Judiciary Committee: A BILL TO AMEND CHAPTER 4 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-15 SO AS TO SET FORTH THE PUBLIC POLICY OF THAT CHAPTER AND PROVIDE THE BASIS FOR CONSTRUING IT; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD LANGUAGE TO DEFINE FURTHER THE TERM "PUBLIC BODY", AND TO ADD AND DELETE LANGUAGE UNDER THE DEFINITION OF "PUBLIC RECORD"; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, FEES, AND NOTIFICATION AS TO PUBLIC AVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT IF THE REQUEST FOR PRODUCTION IS GRANTED, THE RECORD MUST BE FURNISHED OR MADE AVAILABLE FOR INSPECTION OR COPYING, AND TO PROVIDE THAT IF WRITTEN NOTIFICATION OF THE DETERMINATION OF THE PUBLIC BODY AS TO THE AVAILABILITY OF THE REQUESTED PUBLIC RECORD IS NEITHER MAILED NOR PERSONALLY DELIVERED TO THE PERSON REQUESTING THE DOCUMENT WITHIN A CERTAIN PERIOD OF TIME, THE REQUEST MUST BE CONSIDERED APPROVED; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR THE EXEMPTION OF THE COMPENSATION OF FULL-TIME EMPLOYEES AT OR BELOW THE LEVEL OF FIFTY THOUSAND DOLLARS ANNUALLY, PROVIDE FOR THE EXEMPTION OF INFORMATION RELATIVE TO THE IDENTITY OF THE MAKER OF A GIFT TO A PUBLIC BODY UNDER CERTAIN CONDITIONS AND DEFINE "GIFT TO A PUBLIC BODY", AND REQUIRE THE PUBLIC BODY, UNDER CERTAIN CONDITIONS, TO MAKE NONEXEMPT MATERIAL AVAILABLE IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 4 OF TITLE 30; TO AMEND SECTION 30-4-70, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT AND EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DISCUSSION OF CERTAIN MATTERS CONCERNING AN EMPLOYEE, A STUDENT, OR A PERSON REGULATED BY A PUBLIC BODY MAY BE HELD IN A MEETING CLOSED TO THE PUBLIC, DELETE CERTAIN LANGUAGE, AND REQUIRE THE PRESIDING OFFICER TO ANNOUNCE THE SPECIFIC PURPOSE OF AN EXECUTIVE SESSION REGARDING A PUBLIC AGENCY; TO AMEND SECTION 30-4-80, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE ALL PUBLIC BODIES TO NOTIFY PERSONS OR ORGANIZATIONS, AND OTHERS, OF THE TIMES, DATES, PLACES, AND AGENDA OF ALL PUBLIC MEETINGS; AND TO AMEND SECTION 30-4-100, RELATING TO INJUNCTIVE RELIEF, COSTS, AND ATTORNEY'S FEES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO, AMONG OTHER THINGS, ALLOW ANY CITIZEN OF THE STATE TO APPLY TO THE CIRCUIT COURT FOR EITHER OR BOTH A DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF TO ENFORCE CHAPTER 4 OF TITLE 30 AS LONG AS APPLICATION IS MADE NO LATER THAN ONE YEAR (RATHER THAN SIXTY DAYS) FOLLOWING THE DATE ON WHICH THE ALLEGED VIOLATION OCCURS OR ONE YEAR AFTER A PUBLIC VOTE IN PUBLIC SESSION (RATHER THAN SIXTY DAYS AFTER RATIFICATION OF SUCH ACT IN PUBLIC SESSION), WHICHEVER COMES LATER, AND PROVIDE THAT A VIOLATION OF CHAPTER 4 TITLE 30 MUST BE CONSIDERED TO BE AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.
and asks for a committee of Conference and has appointed Senators Martin, Thomas E. Smith, Jr., and Courson of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 003
Whereupon, the Chair appointed Reps. WILKINS, LIMEHOUSE, and TOAL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S. C., May 5, 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. 627:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, and Rep. RUDNICK, for the minority, submitted an unfavorable report on:
H. 2427 -- Reps. Keyserling and Beasley: A BILL TO LIMIT THE TERMS OF MEMBERS OF ALL STATE BOARDS, COMMITTEES, AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY TO TWO SUCCESSIVE TERMS OR TWELVE YEARS, WHICHEVER IS LONGER, EXCEPT WHERE THE PERSON CONCERNED IS PAID AN ANNUAL SALARY BY THE STATE AND TO EXEMPT LIFETIME MEMBERS OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES AND ANY PERSON WHOSE TERM HAS NOT EXPIRED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2556 -- Reps. M.O. Alexander, Sheheen, Foxworth, Mattos, Rice, Nesbitt, J.W. Johnson, Baker, Hayes, Hodges, Wilkins, McLellan, Klapman, P. Bradley, Clyborne, T.C. Alexander, McCain, Dangerfield, Ogburn, Fair and Derrick: A Bill TO AMEND SECTION 55-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN OWNER'S, LESSEE'S, OR OPERATOR'S LIABILITY FOR DAMAGES CAUSED BY HIS AIRCRAFT, SO AS TO PROVIDE THAT WHERE AN AIRCRAFT IS STOLEN FROM THE OWNER OR LESSEE, THE OWNER OR LESSEE IS NOT LIABLE FOR ANY INJURIES OR DAMAGES RESULTING FROM THIS UNAUTHORIZED USE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2715 -- Rep. Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DIVORCES, SO AS TO ADD CONTINUOUS SEPARATION BECAUSE OF INCURABLE INSANITY FOR A PERIOD OF THREE YEARS AS A GROUND FOR DIVORCE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2750 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 14-23-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOOKS, EQUIPMENT, AND PERSONNEL OF EACH COUNTY PROBATE COURT, SO AS TO PROVIDE THAT IF THE PROBATE COURT MAINTAINS THE ORIGINAL OF A DOCUMENT IN THE MASTER FILE OF A MATTER AND A COPY OF THAT DOCUMENT ON MICROFILM OR ON ANOTHER SIMILAR SYSTEM, THEN IT IS NOT NECESSARY FOR THE PROBATE COURT TO MAINTAIN A SECOND SEPARATE BOOK WITH COPIES OF THOSE TYPES OF DOCUMENTS PROVIDED A GENERAL INDEX OR AN INDEX FOR THOSE TYPES OF DOCUMENTS ARE MAINTAINED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2862 -- Reps. Wilkins, H. Brown, Tucker, McEachin, Hendricks, G. Brown, Wilder, Nettles, Hayes, Beasley, Huff, J.W. Johnson, Snow, Koon, Moss, Keyserling, Hawkins, J.W. McLeod, Evatt, Felder, Derrick, Gentry, J. Rogers, McKay, Haskins, Ogburn, Cork, Rhoad, Clyborne, Harvin, D. Martin, McElveen and Waldrop: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE QUALIFICATIONS OF SHERIFFS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2908 -- Ethics Committee: A BILL TO AMEND SECTION 8-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO REDEFINE "BUSINESS WITH WHICH HE IS ASSOCIATED" AS ONE WHO HOLDS STOCK CONSTITUTING FIVE PERCENT OR MORE OF THE TOTAL OUTSTANDING STOCK OF ANY CLASS OR AS ONE WHO HOLDS STOCK WORTH TEN THOUSAND DOLLARS OR MORE AT FAIR MARKET VALUE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2916 -- Ethics Committee: A BILL TO AMEND SECTION 8-13-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO PROVIDE ADDITIONAL PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2927 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 16 AND NEW VOLUMES 11A, 16A, AND 20B OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE; AND TO ADOPT THE 1986 CUMULATIVE SUPPLEMENTS TO THE CODE OF LAWS AS PART OF THE CODE AND PROVIDE THAT THESE SUPPLEMENTS, VOLUMES AS SUPPLEMENTED BY THEM, AND THE REPLACEMENT VOLUMES CONSTITUTE THE ONLY GENERAL PERMANENT STATUTORY LAWS OF THE STATE AS OF JANUARY 1, 1987.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2929 -- Rep. Blackwell: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-130 SO AS TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN ANY BOARD, COMMISSION, COMMITTEE, OR OTHER ENTITY, WHOSE DUTIES ARE PRESCRIBED BY LAW, WHEN THERE IS NO PROVISION FOR FILLING THE VACANCY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2963 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 43-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO REVISE THE PROVISIONS ALLOWING FOR REIMBURSEMENTS FOR COSTS FOR CHILDREN BY PROVIDING REIMBURSEMENT WHEN THE CHILDREN HAVE SOUGHT ASSISTANCE IN SECURING SUPPORT WHETHER OR NOT THEY ARE ELIGIBLE FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND REGARDLESS OF THE ECONOMIC CIRCUMSTANCES, TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES, AND TO PROVIDE FOR FISCAL INCENTIVES PAID TO THE DEPARTMENT TO BE REINVESTED IN THE CHILD SUPPORT ENFORCEMENT PROGRAM.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2966 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 27-31-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF THE MASTER DEED OR LEASE IN A HORIZONTAL PROPERTY REGIME, SO AS TO ADD A NEW REQUIREMENT THAT ANY RESTRICTION OR LIMITATION ON THE LEASE OF A UNIT MUST BE IN THE MASTER DEED OR LEASE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3009 -- Rep. Toal: A BILL TO AMEND SECTION 57-9-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABANDONMENT OR CLOSING OF STREETS, ROADS, OR HIGHWAYS, SO AS TO PROVIDE THAT WHEN A STREET, ROAD OR HIGHWAY IS ABANDONED OR CLOSED THE PERSON IN WHOM TITLE IS VESTED SHALL PAY AN AMOUNT TO BE DETERMINED BY A COURT OF COMPETENT JURISDICTION AND THAT THE AMOUNT SO PAID BE DEPOSITED WITH THE TREASURER OF THE COUNTY WHERE THE PROPERTY IS LOCATED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 361 -- Senator Bryan: A BILL TO AMEND SECTION 15-78-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF INSURANCE BY GOVERNMENTAL ENTITIES PURSUANT TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT A POLITICAL SUBDIVISION OF THIS STATE MAY PROCURE ITS TORT, AUTOMOBILE, PROPERTY, OR CASUALTY INSURANCE, OR ANY CONTINUATION THEREOF, FROM THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 15-78-150, AS AMENDED, RELATING TO THE PURCHASE OF LIABILITY INSURANCE BY THE BUDGET AND CONTROL BOARD, SO AS TO PROVIDE THAT THE BOARD IN SETTING INSURANCE PREMIUMS FOR GOVERNMENTAL ENTITIES SHALL RATE EACH PARTICIPATING EMPLOYEE OF THE GOVERNMENTAL ENTITY ACCORDING TO THE RISK INVOLVED WITH THAT PARTICIPANT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 604 -- Senators Pope, Lee, Giese, Horace C. Smith, Holland, Hinson and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-25-60 SO AS TO PROVIDE THAT NO MEMBER OF A FIRE DEPARTMENT IS CONSIDERED TO BE A DUAL OFFICEHOLDER, BY VIRTUE OF SERVING AS A MEMBER, FOR THE PURPOSES OF THE CONSTITUTION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 671 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND CHAPTER 11, TITLE 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIDUCIARIES GENERALLY, BY ADDING SECTION 21-11-5 SO AS TO PROTECT BENEFICIARIES FROM CONFLICTS OF INTERESTS OF TRUSTEES THAT MAY ARISE IF TRUSTEES PARTICIPATE IN DECISIONS TO MAKE DISCRETIONARY DISTRIBUTIONS OF INCOME OR PRINCIPAL TO THEMSELVES WHEN THERE ARE OTHER BENEFICIARIES, AND TO PROTECT THEMSELVES WHEN MAKING DISCRETIONARY ALLOCATIONS IN THEIR FAVOR OF RECEIPTS AND EXPENSES BETWEEN INCOME AND PRINCIPAL.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2450 -- Reps. Foster, Blackwell, Blanding, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cork, Corning, Davenport, Day, Derrick, Elliott, Evatt, Fair, Gordon, P. Harris, Harvin, Hayes, Hearn, Hendricks, Huff, Koon, Lockemy, Mattos, McAbee, E.B. McLeod, T. Rogers, Toal, Winstead and Nesbitt: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOCIAL WORKERS, SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF SOCIAL WORKER REGISTRATION, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE STRINGENTLY REGULATE SOCIAL WORKERS, AND TO REPEAL SECTION 40-63-90 OF THE 1976 CODE RELATING TO THE AUTHORITY OF THE BOARD OF SOCIAL WORKERS REGISTRATION TO PROMULGATE REGULATIONS REQUIRING CONTINUING EDUCATION.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2391 -- Reps. Pearce, Thrailkill, Washington, Harvin and Whipper: A BILL TO REPEAL ITEM (34) OF SECTION 12-35-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE SALES TAX OF THE GROSS PROCEEDS FROM THE SALE OR RESALE OF ANY VACATION TIME SHARING LEASE PLAN AS PROVIDED BY CHAPTER 32 OF TITLE 27.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 2588 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS, BY ADDING SECTION 38-9-385 SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 1988, ALL INSURANCE ADJUSTERS MUST BE LICENSED BY THE DEPARTMENT OF INSURANCE, TO PROVIDE THE QUALIFICATIONS FOR LICENSURE INCLUDING PASSAGE OF AN EXAMINATION AND THE REQUIRED FEES THEREFOR, TO PROVIDE THAT THE EXAMINATIONS DEVELOPED BY THE DEPARTMENT OF INSURANCE FOR THIS PURPOSE MUST BE SUBMITTED TO THE APPROPRIATE STANDING COMMITTEES OF EACH HOUSE OF THE GENERAL ASSEMBLY FOR COMMENT AND REVIEW PRIOR TO USE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 2593 -- Reps. M.D. Burriss, Hearn and Pearce: A BILL TO AMEND ACT 430 OF 1986, RELATING TO CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO PROVIDE THAT THIS FIRE PROTECTION SPRINKLER SYSTEMS ACT DOES NOT APPLY TO LICENSED PLUMBING CONTRACTORS INSTALLING STANDPIPES AND RELATED BRANCH LINES TO FIRE HOSE CABINETS OR TO LICENSED UTILITY CONTRACTORS INSTALLING UNDERGROUND WATER MAINS, HYDRANT MAINS, AND FIRE HYDRANTS WITHIN FIVE FEET OF THE BUILDING EXTERIOR.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 2632 -- Reps. Ogburn, J.W. McLeod, G. Bailey, J. Harris, Boan, M.O. Alexander, Ferguson, Beasley, Lockemy, Neilson and J. Bradley: A BILL TO AMEND SECTION 38-37-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO PROVIDE THAT ALL THE MEMBERS OF THE GOVERNING BOARD MUST BE RESIDENTS OF SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2656 -- Rep. Kohn: A BILL TO AMEND ARTICLE 1, CHAPTER 9 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS BY ADDING SECTION 38-9-395 SO AS TO PROVIDE THAT WHEN AN INSURER PLACES AN INSURED'S WORKERS' COMPENSATION INSURANCE IN THE ASSIGNED RISK PLAN, THE INSURER SHALL NOTIFY THE DEPARTMENT OF INSURANCE OF THE NAME AND ADDRESS OF THIS INSURED, AND TO PROVIDE THAT THIS INFORMATION MUST BE MAINTAINED BY THE DEPARTMENT OF INSURANCE AND MADE AVAILABLE FOR PUBLIC INSPECTION.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2672 -- Reps. Limehouse, and McCain: A BILL TO AMEND ARTICLE 1, CHAPTER 7, TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION FUND, BY ADDING SECTION 42-7-110 SO AS TO PROVIDE THAT, WITH RESPECT TO REPRESENTATION INVOLVING A MATTER, CASE, OR PROCEEDING BEFORE THE STATE WORKERS' COMPENSATION COMMISSION, NO MEMBER OF THE GENERAL ASSEMBLY MAY LICENSED IN THIS STATE IRREVOCABLY CONSTITUTES THE CHIEF INSURANCE COMMISSIONER THE TRUE AND LAWFUL ATTORNEY IN FACT UPON WHOM SERVICE OF ANY AND ALL PROCESSES, PLEADINGS, ACTIONS, OR SUITS ARISING OUT OF THE POLICY OR CONTRACT IN BEHALF OF THE INSURED MAY BE MADE, PROVIDE FOR THE MAKING OF SERVICE OF PROCESS IN THE ACTION, AND IMPOSE DUTIES UPON THE CHIEF INSURANCE COMMISSIONER; TO AMEND SECTION 15-9-290, RELATING TO CIVIL REMEDIES AND PROCEDURES AND ALTERNATIVE METHOD OF SERVICE ON UNAUTHORIZED INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT SERVICE OF PROCESS IN ANY ACTION, SUIT, OR PROCEEDING INVOLVING AN UNAUTHORIZED INSURER IS, IN ADDITION TO THAT WHICH IS PROVIDED IN SECTION 15-9-280 AND SECTION 15-9-285, VALID UNDER CERTAIN CONDITIONS; TO AMEND CHAPTER 9 OF TITLE 23, RELATING TO THE STATE FIRE MARSHAL, BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR A FIREMEN'S INSURANCE AND INSPECTION FUND; TO AMEND TITLE 39, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 61 SO AS TO ENACT THE "MOTOR CLUB SERVICES ACT"; TO AMEND SECTION 56-9-480, RELATING TO MOTOR VEHICLES, PROOF OF FINANCIAL RESPONSIBILITY, SATISFACTION OF JUDGMENTS, AND PAYMENTS SUFFICIENT TO SATISFY REQUIREMENTS, SO AS TO PROVIDE THAT JUDGMENTS REFERRED TO IN ARTICLE 5 OF CHAPTER 9 OF TITLE 56 MUST, FOR THE PURPOSE OF THIS ARTICLE ONLY, BE CONSIDERED SATISFIED WHEN FIFTEEN, RATHER THAN TEN, THOUSAND DOLLARS HAS BEEN CREDITED UPON ANY JUDGMENT RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF BODILY INJURY TO OR DEATH OF ONE PERSON AS THE RESULT OF ANY ONE ACCIDENT AND WHEN, SUBJECT TO THE LIMIT OF FIFTEEN, RATHER THAN TEN, THOUSAND DOLLARS BECAUSE OF BODILY INJURY TO OR DEATH OF ONE PERSON, THE SUM OF THIRTY, RATHER THAN TWENTY, THOUSAND DOLLARS HAS BEEN CREDITED UPON ANY JUDGMENTS RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF BODILY INJURY TO OR DEATH OF TWO OR MORE PERSONS AS THE RESULT OF ANY ONE ACCIDENT; TO AMEND SECTION 56-9-580, RELATING TO MOTOR VEHICLES, CERTIFICATE OF DEPOSIT OF CASH OR SECURITIES AS PROOF OF FINANCIAL RESPONSIBILITY, AMOUNT, AND THE REQUIREMENT THAT THE DEPOSIT MUST BE HELD TO SATISFY EXECUTION ON A JUDGMENT, SO AS TO PROVIDE THAT PROOF OF FINANCIAL RESPONSIBILITY MAY BE EVIDENCED BY THE CERTIFICATE OF THE STATE TREASURER THAT THE PERSON NAMED THEREIN HAS DEPOSITED WITH HIM THIRTY-FIVE, RATHER THAN THIRTY-SIX, THOUSAND DOLLARS IN CASH OR SECURITIES SUCH AS MAY LEGALLY BE PURCHASED BY SAVINGS BANKS OR FOR TRUST FUNDS OF A MARKET VALUE OF THIRTY-FIVE RATHER THAN THIRTY-SIX, THOUSAND DOLLARS; TO AMEND TITLE 56, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER 10 SO AS TO PROVIDE FOR MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, INCLUDING, AMONG OTHER THINGS, PROVISIONS INVOLVING INSURANCE REQUIREMENTS RELATING TO MOTOR VEHICLE REGISTRATION; TO AMEND SECTION 33-31-10, RELATING TO THE AUTHORIZATION TO INCORPORATE NONPROFIT CORPORATIONS, SO AS TO PROVIDE THAT MUTUAL BENEVOLENT AID ASSOCIATIONS ORGANIZED SOLELY FOR THE PURPOSES DEFINED IN SECTION 38-35-10, RATHER THAN SECTION 38-23-10, MAY BE INCORPORATED UNDER THE PROVISIONS OF CHAPTER 31 OF TITLE 33; TO AMEND SECTION 23-9-20, RELATING TO DUTIES OF THE STATE FIRE MARSHAL, SO AS TO DELETE CERTAIN LANGUAGE CONCERNING THE TRANSFER TO THE STATE FIRE MARSHAL OF POWERS AND DUTIES VESTED IN THE CHIEF INSURANCE COMMISSIONER PURSUANT TO CERTAIN CODE SECTIONS; TO AMEND SECTION 23-9-30, AS AMENDED, RELATING TO RESIDENT FIRE MARSHALS, SO AS TO DELETE A REFERENCE TO CHAPTER 57 OF TITLE 38; TO AMEND SECTION 15-9-300, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON UNAUTHORIZED INSURER, SO AS TO ADD A REFERENCE TO SECTION 15-9-285 AND DELETE A REFERENCE TO SECTION 38-53-50; TO AMEND SECTION 15-9-310, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON ATTORNEY OF RECIPROCAL INSURANCE SUBSCRIBERS, SO AS TO DELETE REFERENCES TO CERTAIN CODE SECTIONS AND ADD REFERENCES TO OTHER CODE SECTIONS; TO AMEND SECTION 15-9-270, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON INSURANCE COMPANIES, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING REFERENCES TO CERTAIN CODE SECTIONS, AND ADD A REFERENCE TO SECTION 38-5-70; TO AMEND SECTION 56-9-30, RELATING TO THE PROVISION THAT CHAPTER 9 OF TITLE 56 IS INAPPLICABLE TO CERTAIN MOTOR VEHICLES, SO AS TO DELETE AN EXCEPTION RELATED TO ARTICLE 7 OF CHAPTER 9 OF TITLE 56; TO AMEND SECTION 56-1-110, RELATING TO MOTOR VEHICLES AND IMPUTED LIABILITY OF PERSON SIGNING APPLICATION FOR DAMAGES CAUSED BY UNINSURED MINOR, SO AS TO ADD A REFERENCE TO SECTIONS 38-77-140 THROUGH 38-77-310 AS A BASIS FOR EXEMPTING A PARENT OR GUARDIAN OR OTHER RESPONSIBLE ADULT FROM THE LIABILITY OTHERWISE IMPOSED UNDER SECTION 56-1-110; TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO ALTER THE DEFINITIONS OF "INSURED MOTOR VEHICLE", "MOTOR VEHICLE LIABILITY POLICY", "PROOF OF FINANCIAL RESPONSIBILITY", AND "UNINSURED MOTOR VEHICLE" PRINCIPALLY BY DELETING REFERENCES TO CERTAIN PROVISIONS OR SECTIONS OF THE CODE OF LAWS AND ADDING REFERENCES TO DIFFERENT CODE SECTIONS; TO AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO PLACE APPROPRIATE PROVISIONS OF ACTS DEALING WITH INSURANCE ENACTED IN 1987 IN THE APPROPRIATE AREA COVERED BY THIS ACT, TO ELIMINATE OR DELETE FROM THIS ACT CERTAIN PROVISIONS OF LAW, AND TO AMEND PROVISIONS OF THIS ACT CORRESPONDING TO AMENDMENTS OF THE INSURANCE LAWS AS MAY HAVE BEEN PASSED BY THE GENERAL ASSEMBLY DURING 1987 IN OTHER ACTS; TO AMEND SECTION 42-7-200, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO DELETE A REFERENCE TO SECTION 42-5-140 AND REPLACE IT WITH A REFERENCE TO SECTION 38-7-50; AND TO REPEAL THE FOLLOWING: ARTICLE 7 OF CHAPTER 9 OF TITLE 56 RELATING TO MOTOR VEHICLES AND COVERAGE LIMITATIONS, UNINSURED MOTORIST PROVISIONS, AND THE LIKE; CHAPTER 11 OF TITLE 56 RELATING TO THE SOUTH CAROLINA AUTOMOBILE REPARATION REFORM ACT OF 1974; CHAPTER 13 OF TITLE 56 RELATING TO MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS; CHAPTER 9 OF TITLE 35 RELATING TO INSIDER TRADING IN SECURITIES OF DOMESTIC STOCK INSURANCE COMPANIES; SECTIONS 42-5-90, 42-5-100, 42-5-110, 42-5-120, 42-5-140, 42-5-150, 42-5-160, 42-5-170, AND 42-5-180 RELATING TO VARIOUS PROVISIONS ON INSURANCE AND SELF-INSURANCE UNDER WORKERS' COMPENSATION; ACT 306 OF 1975 RELATING TO PROVIDING A CONTINGENCY PLAN FOR THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION UPON THE FINDING OF AN EMERGENCY BY THE INSURANCE COMMISSION; ACT 767 OF 1976 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION, INCLUDING, AMONG OTHER THINGS, PLACING PHARMACISTS IN THE DEFINITION OF HEALTH CARE PROVIDER AND PLACING PER CLAIM AND AGGREGATE LIMITS ON THE AMOUNT OF INSURANCE WHICH MAY BE PAID TO A CLAIMANT UPON ENACTMENT OF A PATIENT COMPENSATION FUND ACT; ACT 104 OF 1977 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION AND THE CREATION OF A BOARD OF GOVERNORS TO ADMINISTER THE PATIENTS' COMPENSATION FUND, INCLUDING, AMONG OTHER THINGS, INCREASING THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE JOINT UNDERWRITING ASSOCIATION AND THE MEMBERSHIP OF THE BOARD OF GOVERNORS TO ADMINISTER THE PATIENTS' COMPENSATION FUND; ACT 258 OF 1977 RELATING TO PROHIBITING THE INSURANCE COMMISSION, COMMISSIONER, OR JOINT UNDERWRITING ASSOCIATION FROM IMPLEMENTING ANY ASSESSMENT THAT MAY BE PRESCRIBED BY THE JOINT RESOLUTION ESTABLISHING THE JOINT UNDERWRITING ASSOCIATION FOR THE PURPOSE OF WRITING MEDICAL MALPRACTICE LIABILITY INSURANCE UNTIL JULY 1, 1978; ACT 645 OF 1978 RELATING TO THE WRITING OF MEDICAL MALPRACTICE INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION, THE ESTABLISHMENT OF A PATIENTS' COMPENSATION FUND, AND A CONTINGENCY PLAN FOR WRITING LEGAL PROFESSIONAL MALPRACTICE INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION, INCLUDING, AMONG OTHER THINGS, PROVIDING FOR AN APPEAL FROM A RULING OR ACTION BY THE MEDICAL OR LEGAL ASSOCIATION OR THE PATIENTS' COMPENSATION FUND TO THE INSURANCE COMMISSION; ACT 257 OF 1977, ACT 662 OF 1978, ACT 221 OF 1979, AND ACT 200 OF 1981 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION AND THE EXTENSION OF THE EXPIRATION DATE OF THE UNDERWRITING ASSOCIATION; ACT 199 OF 1983 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THOUGH A JOINT UNDERWRITING ASSOCIATION AND DELETION OF THE REQUIREMENT THAT THE ASSOCIATION EXPIRE ON DECEMBER 31, 1983; ACT 440 OF 1986 RELATING TO THE PROVISION THAT NO HEALTH MAINTENANCE ORGANIZATION MAY PROHIBIT ANY LICENSED PHYSICIAN, PODIATRIST, OPTOMETRIST, OR ORAL SURGEON FROM PARTICIPATING AS A PROVIDER IN THE ORGANIZATION ON THE BASIS OF HIS PROFESSION AND TO THE PROVISION THAT NOTHING IN ACT 440 OF 1986 MAY BE CONSTRUED TO INTERFERE WITH THE MEDICAL DECISION OF THE PRIMARY HEALTH CARE PROVIDER TO USE OR NOT USE ANY HEALTH PROFESSIONAL ON A CASE-BY-CASE BASIS; ACT 518 OF 1986 RELATING TO THE ADDING OF A SECTION TO THE CODE OF LAWS SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR APPLICANTS FOR INSURANCE AGENTS' LICENSES AND TO MAKE EXCEPTIONS; SUBSECTION A OF SECTION 31 OF PART II OF ACT 540 OF 1986 (THE GENERAL APPROPRIATIONS ACT) RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT EVERY INSURANCE COMPANY OF ANY CLASS, EXCEPT CERTAIN BENEVOLENT INSTITUTIONS, SHALL, BEFORE TRANSACTING ANY BUSINESS IN THIS STATE, PAY A LICENSE FEE OF FOUR HUNDRED DOLLARS TO THE CHIEF INSURANCE COMMISSIONER AND SHALL THEREAFTER PAY AN ANNUAL LICENSE FEE OF FOUR HUNDRED DOLLARS; SUBSECTION B OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO THE LEVY UPON EACH INSURANCE COMPANY LICENSED BY THE COMMISSIONER OF AN INSURANCE PREMIUM TAX BASED UPON TOTAL PREMIUMS, OTHER THAN WORKERS' COMPENSATION INSURANCE PREMIUMS, AND ANNUITY CONSIDERATIONS, COLLECTED BY THE COMPANY IN THE STATE DURING EACH CALENDAR YEAR; SUBSECTION C OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT, NOT LATER THAN MARCH FIRST OF EACH YEAR, EVERY INSURANCE COMPANY LICENSED BY THE COMMISSIONER SHALL FILE WITH HIM A RETURN OF PREMIUMS COLLECTED BY THE COMPANY IN THE STATE DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR ENDING ON DECEMBER THIRTY-FIRST; SUBSECTION D OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE PROVISION THAT ONE-FOURTH OF THE INSURANCE PREMIUM TAXES COLLECTED UNDER SUBSECTION B OF THIS SECTION 31, AND ONE-FOURTH OF THE RETALIATORY COLLECTIONS MADE UNDER SUBSECTION E OF THIS SECTION 31 WHICH ARE ATTRIBUTABLE TO THE TAX LEVIED IN SUBSECTION B, ARE ALLOTTED TO THE SEVERAL COUNTIES, RESPECTIVELY, IN PROPORTION TO THE LATEST OFFICIAL UNITED STATES CENSUS OF THE COUNTIES, AND ARE APPROPRIATED TO ORDINARY COUNTY PURPOSES; SUBSECTION E OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT, UNDER CERTAIN CONDITIONS, SIMILAR INSURANCE COMPANIES OF OTHER STATES ESTABLISHING OR HAVING THERETOFORE ESTABLISHED AN AGENCY OR AGENCIES IN SOUTH CAROLINA SHALL MAKE A PARTICULAR DEPOSIT FOR A PARTICULAR PURPOSE WITH THE COMMISSIONER; SUBSECTION F OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING A RETURN TO THE CHIEF INSURANCE COMMISSIONER BY FIRE INSURANCE COMPANIES; SUBSECTION G OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE PROVISION THAT ANY INSURER OR RATING ORGANIZATION AFFECTED BY CERTAIN PROVISIONS OF LAW MAY, AT ANY TIME UP UNTIL APRIL 1, 1987, MAKE A FILING WITH THE COMMISSIONER REQUESTING A CHANCE IN RATES SOLELY TO REFLECT CHANGES IN CERTAIN IMPOSED TAX LIABILITIES; SUBSECTION H OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO THE PROVISION THAT EACH LICENSE ISSUED UNDER ARTICLE 1 OF CHAPTER 5 OF TITLE 38 IS FOR AN INDEFINITE TERM UNLESS SOONER REVOKED OR SUSPENDED; SUBSECTION J OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO THE PROVISION THAT THE QUARTERLY PAYMENTS REQUIRED OF INSURANCE COMPANIES FOR JUNE 1, 1986, AND SEPTEMBER 1, 1986, ARE DUE AND PAYABLE TO THE CHIEF INSURANCE COMMISSIONER ON OR BEFORE SEPTEMBER 1, 1986; SUBSECTION K OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING THE PAYMENT OF AN ANNUAL LICENSE FEE; SUBSECTION L OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING THE FEE FOR AN ADJUSTER'S LICENSE UNDER THE INSURANCE LAWS; SUBSECTION M OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING FEES FOR INSURANCE AGENTS' LICENSES AND THE ISSUANCE OF SEMIANNUAL LICENSES; SUBSECTION N OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING LICENSES FOR APPRAISERS FOR MOTOR VEHICLE PHYSICAL DAMAGE CLAIMS, THE LICENSE FEE, AND REGULATIONS; AND ACT 513 OF 1986, RELATING TO MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING IMMUNITY.
Rep. DANGERFIELD moved to waive Rule 5.14.
Rep. J. BRADLEY explained the Committee Report.
The motion to waive Rule 5.14 was then agreed to by a division vote of 84 to 1.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 535 -- Banking and Insurance Committee: A BILL TO REPEAL SECTION 15-78-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AS TO INSURANCE COMPANIES OR REINSURANCE COMPANIES SELECTED BY POLITICAL SUBDIVISIONS TO HANDLE OR ASSIST IN HANDLING INSURANCE PROGRAMS REQUIRED BY THE PROVISIONS OF THE SOUTH CAROLINA TORT CLAIMS ACT.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 368 -- Education Committee: A BILL TO AMEND SECTION 59-21-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF THE TEACHER INCENTIVE PROGRAM, SO AS TO PROVIDE FOR THE CONTENT OF THE STATEWIDE PROGRAM IMPLEMENTED FOR SCHOOL YEAR 1987-88 AND TO CHANGE THE REFERENCE TO SCHOOL YEAR 1986-87 TO 1987-88.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report with amendments, on:
S. 552 -- Education Committee: A BILL TO AMEND SECTION 59-24-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUIDELINES FOR THE SCHOOL PRINCIPAL INCENTIVE PROGRAM, SO AS TO PROVIDE THAT THE PROGRAM CONTAIN THE MODELS WHICH PROVE SUCCESSFUL DURING THE PILOT TESTING.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 2270 -- Rep. Barfield: A BILL TO AMEND SECTION 50-13-1155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AND FEES FOR TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES AND GEAR, SO AS TO EXEMPT DEVICES AND GEAR USED IN THE LITTLE PEE DEE, GREAT PEE DEE, AND WACCAMAW RIVERS.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 437 -- Fish, Game and Forestry Committee: A Bill TO AMEND SECTION 50-17-1620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF SHRIMP BY CAST NET IN BAITED AREAS, SO AS TO PROVIDE THAT TAKING SHRIMP IN BAITED AREAS IS UNLAWFUL BY MEANS OF ANY DEVICE OTHER THAN A DROP NET OR LIFT NET, NOT TO EXCEED FOUR FEET IN WIDTH CONNECTED TO A PERMANENT STRUCTURE ON THE HIGHLAND AND TO PROVIDE FOR THE REMOVAL OF DEVICES TO MARK BAITED AREAS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 135 -- Senators Pope, Lindsay, Mar{in, McConnell, Saleeby, Ravenel, Peeler, Setzler, Thomas E. Smith, Jr., McLeod, Hayes, Long, Leventis, Bryan, Williams, Mitchell, Macaulay, Nell W. Smith, Lourie, Applegate, Drummond, Land, Powell and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 OF TITLE 28 SO AS TO ENACT THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE CODE WHICH PROVIDES FOR PROVISIONS OF LAW WHICH SHALL REGULATE THE EXPENDITURE OF FUNDS OF THE STATE AND ITS POLITICAL SUBDIVISIONS AND ESTABLISH THE PROCEDURE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OR PROPERTY RIGHTS IN THIS STATE THROUGH THE EXERCISE OF THE POWER OF EMINENT DOMAIN; TO AMEND SECTIONS 1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-3-100, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 31-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-13-780, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 58-19-30, 58-27-130, 58-31-50, 59-19-200, 59-105-40, 59-117-70, AND 59-123-90, RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN AND COMPENSATION FOR PROPERTY TAKEN BY STATE AND LOCAL AGENCIES, AUTHORITIES AND ENTITIES, AND PRIVATE COMPANIES AND CORPORATIONS, SO AS TO CONFORM THE PROVISIONS OF LAW TO THE EMINENT DOMAIN PROCEDURE CODE; AND TO REPEAL SECTIONS 28-1-10, 28-1-20, 28-1-30, 28-3-10, 28-3-40, 28-3-50, 28-3-60, 28-3-70, 28-3-80, 28-3-90, 28-3-100, 28-3-110, 28-3-130, 28-5-10, 28-5-20, 28-5-30, 28-5-40, 28-5-50, 28-5-60, 28-5-70, 28-5-80, 28-5-90, 28-5-100, 28-5-110, 28-5-120, 28-5-130, 28-5-140, 28-5-150, 28-5-160, 28-5-170, 28-5-180, 28-5-190, 28-5-200, 28-5-210, 28-5-220, 28-5-230, 28-5-240, 28-5-250, 28-5-260, 28-5-270, 28-5-280, 28-5-290, 28-5-300, 28-5-310, 28-5-320, 28-5-330, 28-5-340, 28-5-350, 28-5-360, 28-5-370, 28-5-380, 28-5-390, 28-7-10, 28-7-20, 28-7-30, 28-7-40, 28-9-10, 28-9-20, 28-9-30, 28-9-40, 28-9-50, 28-9-60, 28-9-70, 28-9-80, 28-9-90, 28-9-100, 28-9-110, 31-3-470, 31-3-480, 31-3-490, 48-15-60, 48-15-70, 48-15-80, 48-17-60, 48-17-70, 48-17-80, 49-1-70, 49-13-10, 49-13-20, 49-13-30, 49-13-40, 49-13-50, 49-13-60, 49-13-70, 49-13-80, 49-19-2670, 55-9-60, 55-9-100, 55-9-110, 55-9-120, 55-9-130, 55-9-140, 55-9-150, 55-9-160, 55-9-170, 55-9-180, 57-5-360, 57-5-390, 57-5-400, 57-5-410, 57-5-420, 57-5-430, 57-5-440, 57-5-450, 57-5-460, 57-5-470, 57-5-480, 57-5-490, 57-5-500, 57-5-510, 57-5-520, 57-5-530, 57-5-560, 57-17-320, 57-17-330, 57-17-340, 57-17-350, 57-17-360, 57-17-370, 57-17-380, 57-17-390, 58-15-1210, 58-15-1220, 58-15-1230, 58-15-1240, 58-15-1250, 58-15-1260, 58-15-1270, 58-15-1280, 58-15-1290, 58-15-1300, 58-15-1310, 58-15-1320, 58-15-1330, 58-15-1340, 58-15-1360, 58-15-1370, 59-19-210, 59-19-220, 59-19-230, AND 59-19-240 RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EaSEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN, COMPENSATION FOR PROPERTY TAKEN, AND OTHER RELATED MATTERS WHICH ARE INCONSISTENT WITH OR IN CONFLICT WITH THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE CODE.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3060 -- Rep. Williams: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE APPROPRIATELY THE DEPARTMENT'S MOTOR VEHICLE DIVISION DRIVER'S LICENSE AND REGISTRATION FACILITY TO BE BUILT IN LADSON, BERKELEY COUNTY, AS "THE MARGARET H. RUSH HIGHWAY AND PUBLIC TRANSPORTATION BUILDING".
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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, 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.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
The following was introduced:
H. 3100 -- Rep. Harvin: A HOUSE RESOLUTION TO AMEND RULE 4.16 OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE HOUSE LEGISLATIVE ETHICS COMMITTEE, SO AS TO PROVIDE FOR INFORMATION THAT MUST BE FILED WITH THE COMMITTEE BY THE MEMBERS ON APPEARANCES BEFORE STATE BOARDS OR COMMISSIONS, JUDGES, OR HEARING OFFICERS WHOSE SALARIES ARE WHOLLY OR PARTIALLY PAID BY THE STATE.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 3101 -- Rep. Harvin: A HOUSE RESOLUTION TO AMEND RULE 5.3 OF THE HOUSE OF REPRESENTATIVES, RELATING TO GENERAL AND SUPPLEMENTAL APPROPRIATIONS BILLS, SO AS TO PROVIDE THAT ANY PROVISION RAISING REVENUE OR TAXES MUST BE CONSIDERED, VOTED ON, AND DISPOSED OF BEFORE CONSIDERATION OF ANY APPROPRIATION OF FUNDS.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 3102 -- Rep. Haskins: A HOUSE RESOLUTION TO AMEND RULE 5.10 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO WHEN BILLS MAY BE GIVEN SECOND READING, SO AS TO PROVIDE THAT BILLS MAY NOT BE CONSIDERED FOR SECOND READING UNTIL THEY HAVE APPEARED ON THE CALENDAR FOR ONE DAY AND ON THE CALENDAR FOR THREE DAYS FOR APPROPRIATIONS' BILLS, AND TO DELETE REFERENCES TO CONSIDERATION OF BILLS AFTER PRINTED COPIES ARE LAID ON MEMBERS' DESKS.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 3103 -- Rep. Harvin: A CONCURRENT RESOLUTION AUTHORIZING THE STATE COMMISSION OF ARCHIVES AND HISTORY TO HAVE A PORTRAIT OF DR. CHARLES E. LEE, THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY, PLACED APPROPRIATELY IN THE OFFICES OF THE DEPARTMENT OF ARCHIVES AND HISTORY.
The Concurrent Resolution was ordered referred to the Committee on Ways and Means.
The following was introduced:
H. 3104 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE G. RAY COKER, CLARENDON COUNTY, CHAIRMAN OF THE BOARD AND CHIEF EXECUTIVE OFFICER OF COKER BUILDERS, INC., ON BEING SELECTED THE 1987 SOUTH CAROLINA SMALL BUSINESS PERSON OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3105 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE THIRTEEN YEAR OLD BLAIR ANGLE, AN EIGHTH GRADER AT LONG JUNIOR HIGH SCHOOL, CHESTERFIELD COUNTY, FOR PLACING THIRD IN THE CHARLOTTE OBSERVER'S THIRTY-THIRD ANNUAL REGIONAL SPELLING BEE AND FOR BEING SELECTED AS A MEMBER OF THE MATHCOUNTS TEAM THAT WILL REPRESENT SOUTH CAROLINA IN WASHINGTON, D.C., WHERE THEY WILL COMPETE FOR THE MATHCOUNTS NATIONAL CHAMPIONSHIP MAY 14-17, 1987, AND TO EXTEND BEST WISHES FOR ABUNDANT SUCCESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3106 -- Rep. M.O. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE THE TEAM FROM BRYSON MIDDLE SCHOOL IN FOUNTAIN INN, GREENVILLE COUNTY, AND THE COACHES FOR WINNING THE CAROLINAS' FUTURE PROBLEM SOLVING BOWL AT THEIR GRADE LEVEL, AND TO WISH THE TEAM THE VERY BEST OF LUCK IN THE UPCOMING INTERNATIONAL FUTURE PROBLEM SOLVING CONFERENCE TO BE HELD IN ANN ARBOR, MICHIGAN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. STURKIE, with unanimous consent, introduced Mrs. Helen Lanier, Mrs. South Carolina of 1987.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3107 -- Reps. Rudnick, White, J. Brown, Holt, Washington, McBride, Ferguson and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-51-115 SO AS TO PROVIDE FOR A ONE-YEAR PERIOD FOR REDEMPTION OF MOBILE OR MODULAR HOMES SOLD AT A DELINQUENT TAX SALE.
Referred to Committee on Judiciary.
H. 3108 -- Rep. Lockemy: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO THE MEDICALLY INDIGENT ASSISTANCE FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 813, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LOCKEMY asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. WINSTEAD raised the Point of Order that the agency regulations must be attached to a Joint Resolution to disapprove such regulations.
The SPEAKER overruled the Point of Order.
Rep. DERRICK objected to having the Joint Resolution placed on the calendar without reference.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 664 -- Senators Lindsay, Mitchell, Bryan, Pope, Saleeby, Moore, Leventis, Macaulay, Setzler, J. Verne Smith, Courson, McConnell, Peeler, Thomas, Leatherman, Patterson, Wilson, Horace C. Smith, Doar, Fielding, Hinson, Powell, Holland, McGill, Shealy, Hayes, Lee and Lourie: A BILL TO AMEND SECTION 58-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF THE PUBLIC SERVICE AUTHORITY TO SERVE ANY LOAD OF SEVEN HUNDRED FIFTY KILOWATT OR LARGER UPON REQUEST, SO AS TO PROHIBIT THE PUBLIC SERVICE AUTHORITY FROM SERVING ANY NEW PREMISES WITHIN THE TERRITORY.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Felder Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came after the roll call and was present for the Session on May 6, 1987.
Joyce Hearn Jack Gregory Joseph McElveen Robert A. Kohn Derial L. Ogburn Paul Short T.W. Edwards
STATEMENTS OF ATTENDANCE
Rep. HUFF signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 30, 1987.
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 5, 1987.
The SPEAKER granted Rep. FOXWORTH a leave of absence for the day due to a death in the family.
The SPEAKER granted Rep. SHORT a leave of absence until 2:30 to attend a Worker's Compensation Hearing in Rock Hill.
Announcement was made that H. L. Laffitte of Allendale, is the Doctor of the Day for the General Assembly.
The SPEAKER granted Reps. J. ROGERS and BEASLEY a temporary leave of absence.
The following message was taken up.
Columbia, S. C., May 5, 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. 119:
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.
Very respectfully,
President
On motion of Rep. PEARCE, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. STURKIE, K. BAILEY and HODGES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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. WILKINS explained the Bill.
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.
H. 3073 -- Rep. Cooper: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO WESTERN CAROLINA REGIONAL SEWER AUTHORITY SO AS TO ADD A NEW AREA TO THE DISTRICT, AND PROVIDE THAT THIS NEW AREA MAY NOT BECOME PART OF THE AUTHORITY UNTIL THE EXECUTION OF AN AGREEMENT BY THE AUTHORITY, THE ANDERSON COUNTY SEWER AUTHORITY, AND ANDERSON COUNTY, WITH RESPECT TO THE INSTALLATION OF COLLECTION LINES WITHIN THIS NEW AREA.
H. 2973 -- Reps. T. Rogers, J. Harris, J.H. Burriss, Shelton and Keyserling: A BILL TO AMEND CHAPTER 68 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT LEGISLATIVE COMMITTEE ON CULTURAL AFFAIRS, BY ADDING SECTION 2-68-40 SO AS TO CREATE THE SOUTH CAROLINA FOLK HERITAGE AWARD, PROVIDE FOR THE CRITERIA FOR THE AWARD, AND TO CREATE AN ADVISORY COMMITTEE TO CHOOSE AWARD RECIPIENTS.
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.
The following Bill was taken up.
S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.
Rep. WINSTEAD moved to commit the Bill to the Committee on Ways and Means.
Rep. TOAL moved to table the motion, which was not agreed to by a division vote of 10 to 57.
The question then recurred to the motion to commit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.
S. 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.
S. 341 -- Senators Giese, Bryan and Thomas: A BILL TO AMEND SECTION 20-7-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND FILING OF AMENDED BIRTH CERTIFICATES, SO AS TO PROVIDE A PROCEDURE IN ADOPTIONS FOR THE FAMILY COURT TO DETERMINE THE DATE AND PLACE OF BIRTH WHEN THE ADOPTEE IS NOT BORN IN THE UNITED STATES AND NOT A CITIZEN OF THE UNITED STATES AT BIRTH AND TO AMEND SECTION 44-63-140, RELATING TO SUPPLEMENTARY OR AMENDED BIRTH CERTIFICATES FOR ADOPTEES, SO AS TO REVISE THE PROCEDURE FOR ISSUING THE CERTIFICATES.
S. 511 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO RULES OF PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 744, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 521 -- Senator Williams: A BILL TO AMEND CHAPTER 13 OF TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL LAWS BY ADDING SECTION 61-13-885 SO AS TO REQUIRE EVERY PERSON ENGAGED IN THE BUSINESS OF SELLING BEER, WINE, OR LIQUOR AT RETAIL TO POST CERTAIN SIGNS PERTAINING TO UNLAWFUL PURCHASE OR POSSESSION IN EVERY LOCATION FOR WHICH HE HAS OBTAINED A LICENSE OR PERMIT, AND TO PROVIDE PENALTIES FOR VIOLATION, AND TO REPEAL SECTIONS 61-9-75 AND 61-9-455, RELATING TO THE REQUIREMENT THAT CERTAIN SIMILAR SIGNS BE POSTED IN RETAIL BEER OR WINE ESTABLISHMENTS.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 2738 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-655 SO AS TO PROVIDE FOR THE ISSUANCE OF A LIMITED CERTIFICATE TO PRACTICE RESPIRATORY CARE AND TO PROVIDE FOR THE PAYMENT OF A FEE.
Rep. LOCKEMY explained the Bill.
S. 522 -- Senator Williams: A BILL TO AMEND SECTION 61-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS ISSUED TO NONPROFIT ORGANIZATIONS ALLOWING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUOR AND BEVERAGES FOR A PERIOD NOT TO EXCEED TWENTY-FOUR HOURS, SO AS TO ALSO PERMIT THE SALE OF ALCOHOLIC LIQUOR AND BEVERAGES BY THE NONPROFIT ORGANIZATIONS DURING THIS TWENTY-FOUR HOUR PERIOD UPON OBTAINING A PERMIT.
Rep. WILKINS explained the Bill.
The following Bill was taken up.
S. 314 -- Senator Drummond: A BILL TO AMEND SECTION 1-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATES FOR PARTICULAR STATE AGENCIES, COMMISSIONS, AND BOARDS, SO AS TO DELETE THE JOINT LIAISON COMMITTEE ON SMALL BUSINESS WHICH IS SCHEDULED FOR TERMINATION ON JUNE 30, 1987.
Reps. THRAILKILL, SHARPE, AYDLETTE and STURKIE objected to the Bill.
The following Bill was taken up.
S. 344 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS; AND TO AMEND SECTION 40-69-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP AND QUALIFICATIONS AND TERMS OF THE BOARD, SO AS TO PROVIDE THAT THE BOARD INSTEAD OF THE SOUTH CAROLINA VETERINARIANS' ASSOCIATION SHALL CONDUCT AN ELECTION TO NOMINATE PERSONS TO THE BOARD.
Reps. SHARPE, THRAILKILL, AYDLETTE and STURKIE objected to the Bill.
The following Bill was taken up.
S. 346 -- Senator Drummond: A BILL TO REAUTHORIZE THE BOARD OF PHARMACEUTICAL EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-43-70, RELATING TO FEES FOR EXAMINATION AND LICENSING OF PHARMACISTS, SO AS TO DELETE THE FEE OF TEN DOLLARS REQUIRED FOR LICENSING A PHARMACIST AND TO AUTHORIZE THE BOARD TO ESTABLISH THE FEE BY REGULATIONS; TO AMEND SECTION 40-43-230, AS AMENDED, RELATING TO THE RENEWAL OF LICENSES AND FEES FOR PHARMACISTS, SO AS TO DELETE THE PROVISIONS WHICH PROVIDE FOR PENALTIES FOR PERSONS DEFAULTING FOR ONE OR MORE YEARS IN PAYING THE RENEWAL FEE; AND TO AMEND SECTION 40-43-390, RELATING TO THE APPLICATION FOR RENEWAL FOR A PERMIT FOR THE OPERATION OF A PHARMACY, SO AS TO CHANGE THE RENEWAL DATE OF PERMITS FROM JUNE TO JANUARY.
Reps. LEWIS, AYDLETTE, KOON, STURKIE, THRAILKILL and SHARPE objected to the Bill.
The following Bill was taken up.
S. 396 -- Senator Thomas: A BILL TO AMEND SECTION 40-45-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS, SO AS TO PROVIDE THAT COMPLAINTS MADE TO THE BOARD ARE PRIVILEGED UNTIL THE BOARD VOTES OTHERWISE AND UNLESS MADE WITH MALICIOUS INTENT.
Rep. MAPPUS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER overruled the Point of Order.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2063 -- Reps. Aydlette and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 23 SO AS TO ENACT THE POLICE OFFICERS' BILL OF RIGHTS.
Rep. AYDLETTE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2359 -- Reps. Hearn, Day and Moss: A BILL TO AMEND SECTIONS 43-33-20 AND 43-33-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS TO EQUAL ACCESS TO PUBLIC ACCOMMODATIONS AND HOUSING, SO AS TO EXTEND THE RIGHTS ALLOWED BLIND AND DEAF PERSONS WITH GUIDE DOGS TO ALL HANDICAPPED PERSONS REQUIRING SERVICE DOGS; AND TO AMEND SECTION 43-33-30, RELATING TO THE DUTIES OF DRIVERS IN APPROACHING PERSONS WITH WHITE CANES OR GUIDE DOGS, SO AS TO EXTEND THE PROVISIONS TO INCLUDE SERVICE DOCS ACCOMPANYING ANY HANDICAPPED PERSON.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4521Y), which was adopted.
Amend the bill, as and if amended, by striking the introductory instructional words of SECTION 1 of the bill and inserting: /Sections 44-7-110 through 44-7-370 of the 1976 Code are amended to read:/.
Amend further by striking item (5) of Section 44-7-130 as contained in SECTION 1 and inserting:
/(5) 'Competing applicants' means two or more persons and/or health care facilities as defined in this article who apply for Certificates of Need to provide similar services and/or facilities in the same service area within a time frame as established by departmental regulations and whose applications, if approved, would exceed the need for services and/or facilities./
Amend further by striking /in a nonresidential setting/ in the sixth line of item (14) of Section 44-7-130 as contained in SECTION 1. As amended the item will read:
/(14) 'Facility for chemically dependent or addicted persons' means a facility organized to provide outpatient or residential services to chemically dependent or addicted persons and their families based on an individual treatment plan including diagnostic treatment, individual and group counseling, family therapy, vocational and educational development counseling, and referral services./
Amend further by striking /and (8)/ at the end of Section 44-7-170(A)(2) as contained in SECTION 1. As amended the item will read:
/(2) the offices of a licensed private practitioner whether for individual or group practice except as provided for in Section 44-7-160(7);/
Amend further by adding /at the time the real estate is proposed to be developed/ before the period at the end of Section 44-7-170(A)(4) as contained in SECTION 1. As amended the item will read:
/(4) purchases of or agreements to purchase real estate; however, the costs associated with the purchase of real estate must be included in determining the total project cost at the time the real estate is proposed to be developed./
Amend further by adding /for a Certificate of Need/ after the second word of Section 44-7-200(A) as contained in SECTION 1. As amended the subsection will read:
/(A) An application for a Certificate of Need must be submitted to the department in a form established by regulation. The application must address all applicable standards and requirements set forth in departmental regulations, Project Review Criteria of the department, and the State Medical Facilities Plan./
Amend further by striking /The/ at the beginning of Section 44-7-260(A), as contained in SECTION 1, and inserting: /If they provide care for two or more unrelated persons, the/. As amended the subsection will read:
/(A) If they provide care for two or more unrelated persons, the following facilities or services may not be established, operated, or maintained in this State without first obtaining a license in the manner provided by this article and regulations promulgated by the department:
(1) hospitals, including general and specialized hospitals;
(2) skilled nursing care facilities;
(3) intermediate care facilities;
(4) ambulatory surgical facilities;
(5) chiropractic inpatient facilities;
(6) community residential care facilities;
(7) facilities for chemically dependent or addicted persons;
(8) end-stage renal dialysis units;
(9) day-care facilities for adults;
(10) any other facility operating for the diagnosis, treatment, or care of persons suffering from illness, injury or other infirmity and for which the department has adopted standards of operation by regulation./
Amend further by adding at the end of Section 44-7-260 as contained in SECTION 1 to read:
/(D) Each hospital must have a single organized medical staff that has the overall responsibility for the quality of medical care provided to patients. Medical staff membership must be limited to doctors of medicine or osteopathy who are currently licensed to practice medicine or osteopathy by the State Board of Medical Examiners, dentists licensed to practice dentistry by the State Board of Dentistry and podiatrists licensed to practice podiatry by the State Board of Podiatry Examiners. No individual is automatically entitled to membership on the medical staff or to the exercise of any clinical privilege merely because he is licensed to practice in any state, because he is a member of any professional organization, because he is certified by any clinical examining board, or because he has clinical privileges or staff membership at another hospital without meeting the criteria for membership established by the governing body of the respective hospital. Patients of podiatrists and dentists who are members of the medical staff of a hospital must be coadmitted by a doctor of medicine or osteopathy who is a member of the medical staff of the hospital who is responsible for the general medical care of the patient. Oral surgeons who have successfully completed a postgraduate program in oral surgery accredited by a nationally recognized accredited body approved by the United States Office of Education may admit patients without the requirement of coadmission if permitted by the bylaws of the hospital and medical staff.
(E) No person, regardless of his ability to pay or county of residence, may be denied emergency care if a member of the admitting hospital's medical staff or, in the case of a transfer, a member of the accepting hospital's medical staff determines that the person is in need of emergency care. 'Emergency care' means treatment which is usually and customarily available at the respective hospital and that must be provided immediately to sustain a person's life, to prevent serious permanent disfigurement, or loss or impairment of the function of a bodily member or organ, or to provide for the care of a woman in active labor if the hospital is so equipped and, if the hospital is not so equipped, to provide necessary treatment to allow the woman to travel to a more appropriate facility without undue risk of serious harm. In addition to or in lieu of any action taken by the South Carolina Department of Health and Environmental Control affecting the license of any hospital, when it is established that any officer, employee, or member of the hospital medical staff has recklessly violated the provisions of this section, the department may require the hospital to pay a civil penalty of up to ten thousand dollars./
Amend further by adding at the end of SECTION 1:
/Section 44-7-350. The Department shall issue license for the operation of institutions subject to this article which are found to comply with the provisions of this article and such regulations as are lawfully promulgated by the Department.
The agency placing a client in a community residential care facility shall develop an individual plan of care in cooperation with the provider. The placing agency shall monitor the plan to the extent considered appropriate by the placement agency.
Prior to a community residential care facility being licensed for operation in an area which is outside incorporated areas of a county, the following conditions must be met:
(1) The governing body for the area must be given notice of the proposed location.
(2) Where the governing body objects to the proposed site for the facility, the arbitration procedures set forth in Act 449 of 1978 must be employed.
Section 44-7-360. The Department may deny, suspend or revoke license or assess monetary penalty against any hospital for:
A. (1) Violation of any of the provisions of the State Hospital Construction and Franchising Act or regulations promulgated thereunder.
(2) Permitting, aiding or abetting the commission of any unlawful act relating to the securing of a certificate of need or the operation of a hospital as defined in this article.
(3) Conduct or practices detrimental to the health or safety of patients or employees of any such institutions, but this provision should not be construed to have any reference to health practices authorized by law.
(4) Refusing to admit and treat, on the basis of medical need, alcoholic and substance abusers, alcoholics, the mentally ill or mentally retarded, whose admission or treatment has been prescribed by a physician who is a member of the hospital's medical staff; or discriminating against alcoholics, the mentally ill, or mentally retarded solely because of the alcoholism, mental illness or mental retardation.
B. The Department is authorized to dent or revoke a hospital license for those hospital beds not currently needed and for which there is no projected need in the State Medical Facilities Plan. The Department shall promulgate criteria for such action.
Community residential care facilities are required to furnish an item-by-item billing for all charges to the resident or the person paying the bill, upon request by the resident or person paying the bill. Items which remain unpaid are not required to be itemized again. A request for itemized billing remains in effect until further notification by the resident or person paying the bill. The provisions of this section do not apply to the contracted amount of a state agency. Any amount above the contract must be itemized accordingly. Residents receiving an optional supplement from the State Department of Social Services must not be charged an amount greater than that set by that department.
Section 44-7-370. Should the Department determine to assess a penalty, dent, suspend or revoke a license, it shall send the applicant or licensee, by registered mail, a notice setting forth the particular reasons for the determination. The determination shall become final thirty days after the mailing of the notice, unless the applicant or licensee, within such thirty-day period, shall give written notice of his desire for a hearing. If the applicant of license shall give such notice, he shall be given a fair hearing before the governing board of the Department or its designee and he and other affected parties may present such evidence as may be proper. On the basis of such evidence, the determination involved shall be affirmed, modified or set aside, and a copy of such decision setting forth findings of fact and the particular reasons upon which it is based shall be sent by certified or registered mail to the applicant or licensee, within such thirty-day period, appeals the decision to a court of competent jurisdiction.
(2) The penalty which may be imposed by the Department for licensing violations shall be not less than fifty dollars nor more than five hundred dollars per violation of any licensee operating an institution that fails to correct serious violations of its licensing standard in a time period specified in those licensing standards. Thirty days from the date that a penalty is imposed, in the event the facility has not corrected the violations, the Department shall proceed with suspension, revocation or denial of a renewal of the licensee. The Department shall in its standards, indicate those violations or classes of violations that it determines are serious. The amount of penalties may vary with the seriousness of the violations and the length of time they have existed.
(3) The Department may, upon receipt of a written application within fifteen days from the date a determination has been final, remit or mitigate any penalty provided for or discontinue any persecution to recover such penalty upon such terms as it may deem proper.
(4) The Department shall establish the methods of implementing procedures for penalties.
(5) Failure to pay penalties within thirty days after such penalties become final shall be grounds for suspension, revocation or denial of a renewal of a license. No license can be issued or reissued or renewed until all penalties finally assessed against an applicant or licensee have been satisfied.
(6) All penalties collected pursuant to this act shall be deposited in the State treasury and shall be credited to the general fund of the State.
(7) The Department shall complete implementation of regulations to comply with this act, including a schedule of fines for violations, and properly notify all institutions subject thereto prior to implementation of such regulations.
(A) The South Carolina Department of Health and Environmental Control shall establish a Residential Care Committee to advise the department regarding licensing and inspection of community residential care facilities.
(1) The committee shall consist of the Ombudsman of the Office of the Governor, three operators of homes with ten beds or less, four operators of homes with eleven beds or more, and three members to represent the department appointed by the commissioner for terms of four years.
(2) The terms must be staggered and no member may serve more than two consecutive terms. Any person may submit names to the commissioner for consideration. The advisory committee shall meet at least once annually with representatives of the department to evaluate current licensing regulations and inspection practices. Members shall serve without compensation.
(B) The Department of Health and Environmental Control shall appoint a Renal Dialysis Advisory Council to advise the department regarding licensing and inspection of renal dialysis centers. The council must be consulted and have the opportunity to review all regulations promulgated by the board affecting renal dialysis prior to submission of the proposed regulations to the General Assembly.
(1) The council is composed of a minimum of fourteen persons, one member recommended by the Palmetto Chapter of the American Nephrology Nurses Association; one member recommended by the South Carolina Chapter of the National Association of Patients on Hemodialysis and Transplants; three physicians specializing in nephrology recommended by the South Carolina Renal Physicians Association; two administrators of facilities certified for dialysis treatment or kidney transplant services; one member recommended by the South Carolina Kidney Foundation; one member recommended by the South Carolina Hospital Association; one member recommended by the South Carolina Medical Association; one member of the general public; one member representing technicians working in renal dialysis facilities; one member recommended by the Council of Nephrology Social Workers; and one member recommended by the Council of Renal Nutritionists. The directors of dialysis programs at the Medical School of the University of South Carolina and the Medical University of South Carolina, or their designees, are ex officio members of the council.
(2) Members shall serve four-year terms and until their successors are appointed and qualify. No member of council shall serve more than two consecutive terms. The council shall meet as frequently as the board considers necessary, but not less than twice each year. Members shall serve without compensation./
Amend further by striking SECTION 3 and inserting:
/SECTION 3. Articles 4 and 6 of Chapter 7 and Chapters 39 and 65 of Title 44, and Sections 44-7-355 and 44-7-375 through 44-7-460 of the 1976 Code are repealed./
Amend title to conform.
Rep. MOSS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. HARVIN a leave of absence for the remainder of the day and tomorrow to attend a NCSL meeting.
The following Bill was taken up.
H. 2444 -- Rep. McLellan: A BILL TO AMEND SECTION 40-75-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE, AND RELATED MATTERS, UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO PROVIDE THAT, FOLLOWING THE RECEIPT OF A QUALIFYING DEGREE, APPLICANTS FOR THE LICENSE OF "LICENSED MARITAL AND FAMILY THERAPIST" SHALL, IN ADDITION TO OTHER QUALIFICATIONS, HAVE HAD TWO YEARS OF FULL-TIME WORK EXPERIENCE WHICH INCLUDES TWO HUNDRED HOURS OF SUPERVISION OF WHICH ONE HUNDRED HOURS MUST HAVE BEEN INDIVIDUAL SUPERVISION IN THE PRACTICE OF MARITAL AND FAMILY THERAPY; AND TO AMEND SECTION 40-75-110, RELATING TO THE ISSUANCE OF A LICENSE UNDER THE SAME ACT, SO AS TO PROVIDE THAT THE ADMINISTERING BOARD SHALL ISSUE A LICENSE TO ANY QUALIFIED APPLICANT WHO, AMONG OTHER THINGS, PASSES A BOARD-APPROVED, RATHER THAN A BOARD-CONDUCTED, EXAMINATION.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the will 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. 2539 -- Reps. Evatt, Cooper, Blackwell, Kay, Townsend, Snow, Shelton, Helmly, Taylor and Foster: A BILL TO AMEND SECTIONS 44-7-110 THROUGH 44-7-340, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO CHANGE THE CITATION OF THE ARTICLE TO THE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, PROVIDE FOR A STATE MEDICAL FACILITIES PLAN, PROVIDE FOR THE CONSOLIDATION OF LICENSING REQUIREMENTS FOR HEALTH FACILITIES INCLUDING HOSPITALS, PSYCHIATRIC HOSPITALS, SKILLED NURSING CARE, INTERMEDIATE CARE, AMBULATORY SURGICAL, CHIROPRACTIC INPATIENT, COMMUNITY RESIDENTIAL CARE, AND ADULT DAY-CARE FACILITIES, FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, END-STAGE RENAL DISEASE UNITS, TO PROVIDE PENALTIES, AND TO REPEAL ARTICLES 4 AND 6, CHAPTER 7, TITLE 44 AND CHAPTER 65 OF TITLE 44 RELATING TO LICENSING, REGULATION, AND INSPECTION OF COMMUNITY RESIDENTIAL FACILITIES AND OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS AND DAY-CARE FACILITIES FOR ADULTS AND SECTIONS 44-7-350 THROUGH 44-7-460 RELATING TO REQUIREMENTS FOR LICENSING, GROUNDS FOR SUSPENSION AND REVOCATION OF LICENSE, AND FOR ADMINISTRATIVE REVIEW AND PENALTIES UNDER THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4483Y), which was adopted.
Amend the bill, as and if amended, by striking Sections 1, 2, and 3 and inserting:
/SECTION 1. Section 43-33-20(c) of the 1976 Code is amended to read:
"(c) Every totally or partially blind or deaf handicapped person has the right to be accompanied by a guide an assistance dog, especially trained for the purpose, in any of the places listed in item (b) of this section without being required to pay an extra charge for the guide assistance dog. Each totally or partially blind or deaf handicapped person is liable for any damage done to the premises or facilities by the dog.
SECTION 2. Section 43-33-30 of the 1976 Code is amended to read:
"Section 43-33-30. The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color (with or without a red tip) or approaching a totally or partially blind or deaf handicapped pedestrian using a guide an assistance dog shall take all necessary precautions to avoid injury to the blind or deaf pedestrian. Any driver who fails to take these precautions is liable in damages for any injury caused the pedestrian. A totally or partially blind pedestrian not carrying a cane or a totally or partially blind or deaf handicapped pedestrian not using a guide an assistance dog in any of the places, accommodations, or conveyances listed in Section 43-33-20, has all the rights and privileges conferred by law upon other persons. The failure of a totally or partially blind pedestrian to carry a cane or the failure of a totally or partially blind or deaf handicapped pedestrian to use a guide an assistance dog in any of these places, accommodations, or conveyances does not constitute negligence."
SECTION 3. Section 43-33-70(d) of the 1976 Code is amended to read:
"(d) Every totally or partially blind or deaf handicapped person who has a guide an assistance dog, or who obtains a guide an assistance dog, is entitled to full and equal access to all housing accommodations provided for in this section. Each totally or partially blind or deaf handicapped person is not required to pay extra compensation for the guide dog but is liable for any damage done to the premises by the guide dog."/
Amend title to conform.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. LOCKEMY asked unanimous consent that H. 2539 be read a third time tomorrow.
Rep. KLAPMAN objected.
The following Bill was taken up.
H. 2831 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 87 IN TITLE 44 SO AS TO REQUIRE LICENSING OF ASBESTOS ABATEMENT PROJECTS AND ASBESTOS REMOVAL CONTRACTORS, SUPERVISORS, WORKERS, AIR SAMPLING PROFESSIONALS, AND CONSULTANTS, TO PROVIDE A SCHEDULE OF FEES FOR THE LICENSES, AND TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS.
The Medical, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4548Y).
Amend the bill, as and if amended, by adding at the end of Section 44-80-20 as contained in SECTION 1 a new paragraph to read:
/The department shall retain the fees imposed by this section./
Amend title to conform.
Rep. HAWKINS explained the amendment.
Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
On motion of Rep. BLACKWELL, with unanimous consent, the Members of the House voted by electronic roll call.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 2826 -- Reps. Stoddard, Foxworth, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 6, 1987, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES FOR SOUTH CAROLINA STATE COLLEGE, THE STATE COLLEGE BOARD OF TRUSTEES, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL BOARD OF TRUSTEES, AND MEMBERS OF THE BOARD OF VISITORS FOR THE CITADEL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1987, AND TO ELECT A MEMBER TO FILL THE UNEXPIRED PORTION OF THE TERM OF THE TRUSTEE VACANCY AT SOUTH CAROLINA STATE COLLEGE.
The President announced that nominations were in order for two members of the S.C. State College Board of Trustees, one unexpired term and one regular term.
Rep. STODDARD withdrew Robert L. Beasley of Laurens as a candidate and, on behalf of the Joint Screening Committee, nominated Charles C. Lewis, Sr., of Anderson and Gedney M. Howe, III, of Charleston.
On motion of Rep. CHAMBLEE, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Charles C. Lewis, Sr., was duly elected for the term prescribed by law,
On motion of Senator McLeod, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mr. Gedney M. Howe, III, was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member of the Citadel Board of Visitors.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated W.H. O'Dell of Ware Shoals and Jimmy L. Green of Charleston.
The President appointed as tellers on the part of the Senate: Senators Waddell, Powell and McConnell.
The SPEAKER appointed as tellers on the part of the House: Representatives CARNELL, J. BRADLEY and K. BAILEY.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for O'Dell
Applegate Branton Bryan Dennis Doar Drummond Fielding Giese Hinson Leatherman Lee Leventis Lourie Macaulay Martschink Matthews McGill McLeod Moore Patterson Peeler Pope Powell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E. Stilwell Waddell Williams Wilson
The following named Senators voted for Green:
Hayes Long McConnell Russell
On motion of Rep. BLACKWELL, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for O'Dell:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barfield Baxley Blackwell Blanding Boan Brown, C. Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Elliott Evatt Faber Fair Felder Ferguson Foster Gentry Harris, J. Harris, P. Haskins Hawkins Hayes Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Koon Lewis Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nettles Ogburn Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Williams Winstead
The following named Representatives voted for Green:
Aydlette Bradley, J. Burriss, J.H. Davenport Day Derrick Hearn Holt McElveen Nesbitt Pearce Wells
Total Number of Senators voting 38
Total Number of Representatives voting 105
Grand Total 143
Necessary to a choice 72
Of which Mr. O'Dell received 127
Of which Mr. Green received 16
Whereupon the PRESIDENT announced that Mr. W.H. O'Dell having received a majority of the votes cast was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member from the Ninth Judicial Circuit.
Rep. HOLT nominated Dr. Gordon B. Stine of Charleston as follows:
"Ladies and gentlemen, I know it's quite unusual, but it's happened before, last year, you remember, with Palmer Freeman. When the Screening Board met, the person I'm going to nominate didn't get the word, so, therefore, he didn't go through the screening. But after I tell you a little bit about his background, and things like that, I feel that you'll have no problem whatsoever in electing this man. It gives me great pleasure to introduce this man to you and to place his name in nomination. His name is Dr. Cordon B. Stine. He was born in Charleston, South Carolina, on February 10, 1924. He was educated in the local public system and graduated from the College of Charleston in 1944 and Emory University of Dentistry in 1950. He is married to the former Barbara Polinsky and they have two sons, Steve and Robert. Dr. Stine has practiced general dentistry in Charleston since 1950 and presently serves part-time at the Medical University as Special Assistant to President James B. Edwards. He is Director of Continuing Education of the Dental School. He also serves as Secretary of the Berkeley-Charleston-Dorchester Council of Government. He's Chairman of the State Regional Council of Government; Vice-President for Planning of Coastal Council of Carolina Boy Scouts; and, Vice-President for the Palmetto Safety Council. He serves on the Charleston Advisory Board of the Citizens and Southern National Bank, the Clemson University Extension Advisory Board, Berkeley Electric Co-Op's Advisory Committee and Executive and Member of the Board of Charleston Community Pride. Dr. Stine also is past President of the United Way Campaign and president of the following: Charleston Trident Chamber of Commerce, Charleston County Bicentennial Committee, Executive Club of Charleston, Dental Association, College of Charleston Alumni Association, College Dental Society, Coastal District Dental Society, South Carolina Political Action Committee, Charleston Symphony Orchestra and Trident United Way. Dr. Stine has served on numerous civil and fraternal boards in the community: as a City of Charleston Alderman; Charleston County Council member - he was the chairman from 1979 to 1980; and, as Chairman of the Charleston County Democratic Party from 1968 to 1972. among his honors have been: the College of Charleston Alumnus of the year, 1966; Man of the Year for the Charleston Exchange Club, 1964 and 1965; and, it goes on and on. I've got four pages of these honoraries for my good friend, Dr. Stine. I wish to place Dr. Gordon B. Stine in nomination. The majority of the Charleston Delegation and the Berkeley Delegation, which is included in the Ninth Circuit, also endorses Dr. Stine. Thank you."
Senator Fielding, on behalf of the Senators from the Charleston Delegation, seconded the nomination.
Rep. WHIPPER nominated Hilda D. Gadsden as follows:
"Thank you, Mr. President. I am just new enough to be naive enough, to be fool enough, to come up here and make a nomination against all of the experience and all of the powers and all of the support from politicians that the nominee from the floor has. That's because I am so new, and believe in an orderly system. And I learned that by an Act of this body, you provided for a screening procedure for applicants, so I must stand and speak for the ordinary citizen, who, because she is interested in serving her government, who read in the newspaper that the screening committee of this body was accepting applications and because she also is not a politician, she has not served in government as an elected official, but as an average citizen, as a career woman, and as a housewife, wanting to do what she could to serve her state, she contacted the screening committee and went through all of the procedures, and was investigated by SLED. I think there's a fee for that. She contacted her legislators and she did all of the things that we say you should do, and that she was told to do. And therefore, she is on your list as a person duly qualified, having gone through the screening process. And I am standing before you to say that this is the process that you set in motion and this is an average citizen. I served at one time as a member of the administration of the College of Charleston, and I am very familiar with the mission of these state colleges. I was quite pleased to learn that Mrs. Gadsden, a housewife, a mother, was interested in serving on this particular board. I believe that Mrs. Gadsden will bring to this board her experiences and her care and knowledge as an ordinary citizen who believes in higher education. She exemplifies this through her life. While working, she obtained a baccalaureate degree and while continuing to work, she has earned or she will receive her Master of Arts degree in her field of studies. She will represent the new population that our institutions of higher learning need to reach. That is the adult population of this state. I believe then that she will bring new ideas and because she believes in working hard for anything she is committed to, I support the nomination of Ms. Hilda Gadsden for this position. I cannot say, and it is not true, that the delegation completely supports the other nominee. I would like for you to consider, very objectively, the candidate that I am placing before you, Ms. Hilda Gadsden, an average citizen who believes that the system works and who is willing to continue to sacrifice the time that she has to make our state a better state in which to live. Thank you for your consideration."
Rep. GILBERT raised the Point of Order that as Dr. Stine had not been investigated by the Screening Committee, his nomination from the floor was out of order.
The President stated that the Point had not been raised at the time of the nomination.
Rep. WINSTEAD raised the Point of Order that the Point came too late.
The President stated that there were no Joint Rules, there was a precedent allowing nominations from the floor, so he overruled the Point of Order.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Gadsden:
Leventis Matthews Mitchell Patterson
The following named Senators voted for Stine:
Applegate Branton Bryan Dennis Doar Fielding Giese Hayes Hinson Leatherman Lee Long Lourie Macaulay Martschink McConnell McGill McLeod Moore Peeler Pope Powell Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, T.E. Stilwell Waddell Williams Wilson
On motion of Rep. BLACKWELL, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Gadsden:
Alexander, T.C. Bailey, K. Bennett Blanding Boan Brown, G. Brown, J. Chamblee Elliott Faber Fair Ferguson Foster Gentry Gilbert Gregory Johnson, J.C. Johnson, J.W. Lewis Mattos McBride McEachin McLellan McTeer Neilson Phillips, O. Rogers, T. Sheheen Shelton Short Stoddard Taylor Toal Washington Wells Whipper White
The following named Representatives voted for Stine:
Alexander, M.O. Altman Aydlette Bailey, G. Baker Barfield Baxley Blackwell Bradley, J. Brown, H. Burriss, J.H. Burriss, M.D. Carnell Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Evatt Felder Harris, J. Harris, P. Hayes Hearn Helmly Hendricks Hodges Holt Kay Kirsh Klapman Koon Lockemy Mappus Martin, D. Martin, L. McAbee Nesbitt Ogburn Pearce Pettigrew Petty Rhoad Rice Rudnick Sharpe Snow Sturkie Thrailkill Townsend Tucker Waldrop Wilder Wilkins Williams Winstead
Total Number of Senators voting 37
Total Number of Representatives voting 96
Grand Total 133
Necessary to a choice 68
Of which Ms. Gadsden received 41
Of which Dr. Stine received 92
Whereupon the President announced that Dr. Gordon B. Stine having received a majority of the votes cast was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member from the Fifteenth Judicial Circuit.
Rep. STODDARD, on behalf of the Joint Screening Committee nominated W. Jennings Duncan of Conway and Henrietta U. Golding of Myrtle Beach.
On motion of Rep. BLACKWELL, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Senators voted for Duncan:
Applegate Branton Doar Fielding Giese Hayes Hinson Leatherman Lee Leventis Long Lourie Macaulay Matthews McConnell McGill McLeod Mitchell Moore Patterson Peeler Pope Powell Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E. Stilwell Waddell Williams Wilson
The following named Senators voted for Golding:
Martschink
On motion of Rep. BLACKWELL, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Duncan:
Alexander, T.C. Aydlette Bailey, K. Baker Barfield Bennett Bradley, J. Brown, G. Brown, J. Burriss, M.D. Carnell Chamblee Clyborne Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Felder Ferguson Foster Gregory Hayes Hearn Hendricks Holt Huff Johnson, J.C. Kay Koon Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McElveen McLeod, E.B. McTeer Moss Neilson Nesbitt Pettigrew Phillips, L. Phillips, O. Rice Rudnick Sharpe Sheheen Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Winstead
The following named Representatives voted for Golding:
Alexander, M.O. Altman Bailey, G. Baxley Blanding Boan Burriss, J.H. Gentry Gilbert Harris, J. Hodges Johnson, J.W. McEachin Pearce Rogers, T. Shelton Short Toal Wells
Total Number of Senators voting 36
Total Number of Representatives voting 88
Grand Total 124
Necessary to a choice 63
Of which Mr. Duncan received 104
Of which Ms. Golding received 20
Whereupon the President announced that Mr. W. Jennings Duncan having received a majority of the votes cast was duly elected for the term prescribed by law.
The President announced that nominations were in order for the remaining Judicial Circuits.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Ashriel I. Mose of Orangeburg for the 1st Judicial Circuit.
On motion of Rep. McABEE, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Mr. Ashriel I. Mose was duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated E.S. Ervin of Sumter for the 3rd Judicial Circuit.
On motion of Rep. BLANDING, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Mr. E.S. Ervin was duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Joe E. Berry, Jr., of Columbia for the 5th Judicial Circuit.
On motion of Rep. COOPER, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Mr. Joe E. Berry, Jr., was duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Ellen C. Watson of Spartanburg for the 7th Judicial Circuit.
On motion of Rep. COOPER, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Ms. Ellen C. Watson was duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee nominated D. Don Caughman of Lexington for the 11th Judicial Circuit.
On motion of Rep. KLAPMAN, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Mr. D. Don Caughman was duly elected for the term prescribed by law.
Rep. STODDARD, on behalf of the Joint Screening Committee, nominated John E. Johnston of Greenville for the 13th Judicial Circuit.
On motion of Senator Hinson, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Mr. John E. Johnston was duly elected for the term prescribed by law.
The President announced that nominations were in order for three members of the Wil Lou Gray Opportunity School Board of Trustees.
Rep. SHEHEEN moved that the candidates in the Joint Legislative Screening Committee Report be nominated.
On motion of Rep. SHEHEEN, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon the President announced that Walter E. Dahlgren of Anderson, Vince Rhodes of Columbia and Louise T. Scott of Florence were duly elected for the term prescribed by law.
Rep. GILBERT moved that the candidate for the Ninth Judicial Circuit, State College Board of Trustees, Hilda D. Gadsden, be refunded her money for the Screening Report Process, which was agreed to.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 1:02 P.M. the House resumed, the SPEAKER in the Chair.
The Reading Clerk of the House read the following House Resolution:
H. 2690 -- Reps. M.D. Burriss, Faber, Hearn, T. Rogers, Corning, Taylor, T.M. Burriss, Toal, McBride, Evatt and J. Brown: A HOUSE RESOLUTION TO CONGRATULATE THE LOWER RICHLAND DIAMONDS FOR WINNING THE STATE CLASS AAAA BOYS' BASKETBALL CHAMPIONSHIP AND TO INVITE THE TEAM AND THE COACHING STAFF TO BE THE GUESTS OF THE HOUSE IN THE HALL OF THE HOUSE ON WEDNESDAY, MAY 6, 1987, AT TWELVE O'CLOCK NOON.
The Lower Richland State AAAA Boys' Basketball Championship Team and Coaching Staff and distinguished party were escorted to the rostrum by Reps. M.D. BURRISS, FABER and J. BROWN.
Rep. M.D. BURRISS introduced the honored guests as follows:
#43 Stacey Faust-Senior-Guard-3 pts/game-played 29 games in substitute role; #44 Joseph Scott-Senior-Forward-2 pts/game-2 Rebounds/game-played 24 games in substitute role; #45 William Goodwin-Senior-Forward-52% Field goal-8.3 pts/game-5 Rebounds/game; #51 Lonnie Kluttz-Junior-Forward-59% Field goal-8.8 pts/game-6 Rebounds/game; #52 Roman Otto-Senior-Guard-4 pts/game-24 assists-Designated team zone buster 3.8 G.P.R.; #53 Stanley Roberts-Junior-Forward-71% Field Goal-21.2 pts/game 10.4 Rebounds/game, led team in recoveries and blocked shots. All State-Parade Magazine All American voted player of the year by S.C. Coaches; Ben Reese, Jr.-Manager-Football letterman; Jim Childers-Head Coach-Voted S.C. Coach of the year for 1987 by the S.C. Coaches. S.C. Basketball Coaches Assoc.-Coach of the year for 1983 and 1987. Midlands Area Coach of the year-1984. Coached the National All-Stars at the prestigious McDonald's Capital Classic in Washington, D.C. this year. Director of the S.C. 17 and Under AAU State Tournament; John Motley -Asst. Coach-Captain in the S.C. Air National Guard; Gary Fulmer-Asst. Coach-His J.V. teams have a combined record of 89-11, Coached the S.C. AAU 17 and Under National Runners-up; Jim Scraper-Athletic Director; and Virginia Blease-Principal.
TEAM ACHIEVEMENTS:
Undefeated Furman Team Camp Champions; Great Florida Shoot-out Champions; Region 4-AAAA Tournament Champions; State Champions (AAAA); Ranked #1 in S.C.; Ranked #5 in the Nation; played before the largest crowd ever to see a high school basketball game in S.C. (12,000); Averaged 71 pts. per game while holding opponent to 52 pts. per game; The farthest a high school team has advanced nationally in S.C.; Has accepted an invitation to play in the #1 high school basketball tournament in the nation (The King Cotton Classic) in Pine Bluff, Ark.; Has accepted an invitation to play in the St. Louis 7-Up Shoot-out in St. Louis, Mo.; Has accepted an invitation to play the Italian National Team in an exhibition game at the Beach Ball Classic in Myrtle Beach, S.C.
INDIVIDUAL PLAYER ACHIEVEMENTS:
#3 Anthony Walker-Senior-Guard-73% Field Goal-77% Free Throw %-Averaged 2.3 pts/game; #4 Stephen English-Junior-Guard-53% Field Goal-74% Free Throw-Averaged 5.7 pts/game-Led team in assists with 93-Led team in drawing charges and steals; #5 Charles Jacobs-Junior-Guard-51% Field Goal-71% Free Throw-Averaged 4.4 pts/game-Averaged 3 assists per game; #34 Andre Brown -Junior-Forward-56% Field Goal-90% Free Throw which led the team; #35 Mike Ladson-Junior-Guard-55% Field Goal-Played 18 games in substitute role; #41 William Key-Junior Guard -4.1 pts/game-3 Rebounds/game-3 assists/game-Drew 5 charges; #42 Tracy Garrick-Senior-Forward-53% Field Goal-11.4 pts/game-6 Rebounds/game-2 assists/game -All State-All Star-Furman University Scholarship.
Upon the conclusion of the presentation, the honored guests and their escort party retired from the Chamber.
Rep. TOAL moved that the House recede until 2:30 P.M.
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:
Aydlette Bailey, K. Bennett Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Carnell Davenport Day Derrick Edwards Elliott Ferguson Foster Gregory Harris, J. Hayes Helmly Holt Johnson, J.W. Kirsh Koon Lewis Martin, L. Mattos McAbee McEachin McGinnis McLellan Nettles Petty Phillips, O. Rice Sharpe Short Sturkie Thrailkill Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Barfield Baxley Blanding Chamblee Clyborne Cooper Corning Dangerfield Faber Fair Felder Gentry Haskins Hawkins Hendricks Hodges Huff Jones Kay Klapman Lockemy Martin, D. McBride McCain McElveen McLeod, E.B. McTeer Nesbitt Pearce Pettigrew Phillips, L. Rogers, T. Sheheen Stoddard Taylor Toal Townsend Washington Wilkins
So, the House refused to adjourn.
The question then recurred to the motion that the House recede until 2:30 P.M., which was agreed to by a division vote of 42 to 38.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. J.H. BURRISS a leave of absence for the remainder of the day.
The question of a quorum was raised. A quorum was later present.
The following Bill was taken up.
S. 261 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 40-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, SO AS TO REDEFINE TERMS AND ADD ADDITIONAL DEFINITIONS; TO AMEND SECTION 40-35-30, RELATING TO THE LICENSING AUTHORITY OF THE BOARD, SO AS TO PROVIDE FOR THE LICENSING OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED; AND TO AMEND SECTION 40-35-140, RELATING TO THE LICENSING OF NURSING HOME OPERATORS, SO AS TO PROVIDE FOR THE LICENSING OF OPERATORS OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED.
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.
S. 367 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS; AMEND SECTION 40-47-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF PHYSICIANS' ASSISTANTS AT MEETINGS OF THE BOARD, SO AS TO DELETE THE PROVISION AUTHORIZING A REPRESENTATIVE OF THE SOUTH CAROLINA ACADEMY OF PHYSICIANS' ASSISTANTS TO ATTEND BOARD MEETINGS AND SPEAK TO MATTERS AFFECTING PHYSICIANS' ASSISTANTS AND PROVIDE THAT THE BOARD SHALL APPOINT A PHYSICIAN'S ASSISTANTS' ADVISORY COMMITTEE, PROVIDE FOR ITS COMPOSITION, TERMS, AND POWERS, AND PROVIDE THAT THE BOARD MAY AUTHORIZE INDIVIDUAL PHYSICIANS TO SUPERVISE UP TO TWO PHYSICIANS' ASSISTANTS AND PROVIDE EXEMPTIONS; AND TO AMEND SECTION 40-47-90, RELATING TO ELIGIBILITY REQUIREMENTS TO APPEAR BEFORE THE BOARD FOR EXAMINATION, SO AS TO DELETE THE REQUIREMENTS THAT PERSONS APPEAR BEFORE THE BOARD BUT MAY BE REQUIRED TO APPEAR IF DETERMINED BY THE BOARD.
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 Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3098 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS, DESIGNATED AS REGULATION DOCUMENT NUMBER 755, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 737 -- Senator Lindsay: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 1987 ONLY, ON THE PEE DEE RIVER IN MARLBORO AND DARLINGTON COUNTIES THE CLOSED SEASON FOR THE TAKING OF SHAD BEGINS ON JUNE FIRST RATHER THAN APRIL THIRTIETH.
Reps. DANGERFIELD, L. MARTIN and TAYLOR withdrew their objections to H. 2537 however, other objections remained upon the Bill.
Rep. WILLIAMS withdrew his objection to H. 2197 however, other objections remained upon the Bill.
On motion of Rep. GILBERT, with unanimous consent, the following was taken up for immediate consideration:
H. 3109 -- Rep. Gilbert: A HOUSE RESOLUTION TO DESIGNATE THURSDAY, MAY 14, 1987, AS "BOYS' CLUB DAY" IN SOUTH CAROLINA AND TO INVITE ALL CONTESTANTS FOR THE YOUTH OF THE YEAR AWARD AND THEIR CLUB DIRECTORS TO ATTEND A SESSION OF THE HOUSE OF REPRESENTATIVES IN THE HALL OF THE HOUSE AT 10:30 ON THURSDAY, MAY 14, 1987, SO THAT THE HOUSE MEMBERS MAY RECOGNIZE AND COMMEND THE CONTESTANTS, THEIR CLUB DIRECTORS, AND THE RECIPIENT OF THE SOUTH CAROLINA BOYS' CLUB YOUTH OF THE YEAR AWARD.
Whereas, the members of the House of Representatives designate Thursday, May 14, 1987, as "Boys' Club Day" in South Carolina; and
Whereas, the South Carolina Area Council of the the South Carolina Boys' Club annually selects the South Carolina Boys' Club Youth of the Year; and
Whereas, the youth selected must have demonstrated unselfish service and exceptional leadership qualities in the Boys' Club; and
Whereas, further elements for consideration for the Youth of the Year award are letters of reference, school activities, community service, and activities with the club; and
Whereas, the applicants are also required to write an essay on the subJect "What the Boys' Club Means to Me" and, in addition, he must have overcome a major obstacle in his life; and
Whereas, the South Carolina Youth of the Year will compete with youth from other states for the national award which will be presented by President Ronald Reagan; and
Whereas, all the youths in the Boys' Clubs from throughout South Carolina who are competing for this prestigious award are to be commended. and congratulated for their participation, interest, and desire to improve their own lives and skills and by so doing are setting an example for the youth of this nation that sacrifice, perseverance, and service leads to self-esteem, satisfaction, and accomplishment. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina designate Thursday, May 14, 1987, as "Boys' Club Day" in South Carolina.
Be it further resolved that all contestants for the Youth of the Year award and their club directors are invited to attend a meeting of the House of Representatives in the Hall of the House at 10:30 on Thursday, May 14, 1987, so that the House members may recognize and commend the contestants, their club directors, and the recipient of the South Carolina Boys' Club Youth of the Year award.
The Resolution was adopted.
On motion of Rep. McEACHIN, with unanimous consent, the following was taken up for immediate consideration:
H. 3110 -- Rep. McEachin: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 12, 1987, FROM 11:30 A.M. TO 12:30 P.M.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Boys State is hereby authorized to use the chambers of the Senate and the House of Representatives on Friday, June 12, 1987, from 11:30 A.M. to 12:30 P.M., for its annual State House meeting. If either House is in statewide session, the chamber of that House may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to Palmetto Boys State for the use of these chambers.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Conference Report on the following Bill was taken up.
S. 397 -- Senator Peeler: A BILL TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF CERTAIN GASOLINE TAX REVENUE SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THE AMOUNT OF A COUNTY'S APPORTIONMENT OF "C" CONSTRUCTION FUNDS WHICH MAY BE EXPENDED FOR ROCKING OR IMPROVING COUNTY ROADS AND FOR STREET AND TRAFFIC SIGNS.
Rep. BLANDING moved to adjourn debate upon the Conference Report until Tuesday, May 12, 1987, which was adopted.
On motion of Rep. SHARPE, with unanimous consent, the following Joint Resolution was ordered recalled from the Legislative Council.
S. 512 -- Senators Bryan, Thomas E. Smith, Jr., Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT APPROPRIATIONS IN SECTION 4 OF PART I OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, FOR COMMITMENTS, ADMISSIONS, AND DISCHARGES TO MENTAL HEALTH FACILITIES BE EXPENDED UNDER THE PROVISIONS OF CHAPTER 52 OF TITLE 44 OF THE 1976 CODE.
The following was introduced:
H. 3111 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2344, RELATING TO HAZARDOUS WASTE DISPOSAL, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER CONSIDERATION OF H. 2639, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2344 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2344 be set by special order for second reading or other consideration immediately following the second reading or other consideration of H. 2639 and this special order consideration shall continue each legislative day thereafter immediately following the call of the calendar for consideration of Senate amendments on bills until H. 2344 is given second reading or it is otherwise disposed of.
Rep. TOAL proposed the following Amendment No. 1, which was adopted.
Amend as and if amended, by striking the words "the second reading or other consideration of H. 2639" on lines 3 and 4 and inserting therefor the words "the call of the Calendar for consideration of Senate amendments on bills".
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Rep. WINSTEAD moved to table the Resolution.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Corning Dangerfield Davenport Day Derrick Felder Ferguson Gilbert Gregory Harris, J. Haskins Hearn Hendricks Hodges Johnson, J.W. Kay Klapman Koon Lewis Limehouse Lockemy Martin, L. McAbee McCain McLeod, J.W. Moss Nettles Ogburn Pearce Petty Rice Sharpe Short Sturkie Taylor Thrailkill Townsend Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Barfield Baxley Blackwell Blanding Brown, G. Brown, J. Clyborne Foster Harvin Hawkins Helmly Huff Kirsh Martin, D. McEachin McElveen McGinnis McLeod, E.B. Neilson Nesbitt Pettigrew Phillips, L. Phillips, O. Rogers, T. Sheheen Shelton Toal Washington Whipper White Wilkins Williams
So, the Resolution was tabled.
The following was introduced:
H. 3112 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 317, RELATING TO THE CHIROPRACTIC BOARD REAUTHORIZATION, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THE CALL OF THE CALENDAR FOR CONSIDERATION OF SENATE AMENDMENTS, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 317 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 317 be set by special order for second reading or other consideration immediately following the call of the Calendar for consideration of Senate Amendments and this special order consideration shall continue each legislative day thereafter immediately following the call of the calendar for consideration of Senate amendments on bills until S. 317 is given second reading or it is otherwise disposed of.
Rep. COOPER moved to table the Resolution.
Rep. TOAL demanded the yeas and nays, which were not ordered.
The House refused to table the Resolution by a division vote of 5 to 65.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 3113 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 18, RELATING TO LIMITING RECOVERY OF DAMAGES AGAINST A PHYSICIAN PERFORMING SERVICES WITHOUT CHARGE, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER CONSIDERATION OF S. 317, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 18 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 18 be set by special order for second reading or other consideration immediately following the second reading or other consideration of S. 317 and this special order consideration shall continue each legislative day thereafter immediately following the call of the calendar for consideration of Senate amendments on bills until S. 18 is given second reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
The Resolution was then adopted.
The following was introduced:
H. 3114 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2549, RELATING TO REVISION OF ECONOMIC FORECASTING AND SHORTENING OF THE LEGISLATIVE SESSION, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER CONSIDERATION OF S. 18 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2549 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2549 be set by special order for second reading or other consideration immediately following the second reading or other consideration of S. 18 and this special order consideration shall continue each legislative day thereafter immediately following the call of the calendar for consideration of Senate amendments on bills until H. 2549 is given second reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
Rep. CARNELL moved to table the Resolution.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Blanding Boan Bradley, J. Brown, J. Carnell Chamblee Dangerfield Davenport Felder Foster Hawkins Kay Kirsh Klapman Mappus McAbee McLeod, E.B. Nesbitt Pettigrew Rice Taylor Thrailkill Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, K. Baker Barfield Baxley Blackwell Bradley, P. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Clyborne Cooper Corning Day Derrick Fair Ferguson Gilbert Gregory Harris, J. Haskins Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Jones Koon Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McTeer Neilson Pearce Petty Phillips, L. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Stoddard Sturkie Toal Townsend Washington Wells Whipper White Wilkins
So, the House refused to table the Resolution.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 3115 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2550, RELATING TO AN AMENDMENT OF THE STATE'S CONSTITUTION TO SHORTEN THE LEGISLATIVE SESSION, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER CONSIDERATION OF H. 2549, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2550 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2550 be set by special order for second reading or other consideration immediately following the second reading or other consideration of H. 2549 and this special order consideration shall continue each legislative day thereafter immediately following the call of the calendar for consideration of Senate amendments on bills until H. 2550 is given second reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution. Rep. McABEE moved to table the Resolution.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Blanding Boan Bradley, P. Brown, J. Carnell Chamblee Dangerfield Davenport Foster Kay Kirsh McAbee McLeod, E.B. Nesbitt Pettigrew Rice Taylor Thrailkill Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, K. Baker Barfield Baxley Blackwell Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Clyborne Cooper Corning Day Derrick Fair Felder Ferguson Gilbert Gregory Harris, J. Haskins Hawkins Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Jones Koon Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McTeer Neilson Nettles Ogburn Pearce Petty Phillips, L. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Stoddard Sturkie Toal Townsend Washington Wells Whipper White Wilkins
So, the House refused to table the Resolution.
The question then recurred to the adoption of the Resolution, which was agreed to.
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 explained the Senate amendment.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 3025 -- Rep. Felder: A BILL TO PROVIDE A PROCEDURE FOR THE ADOPTION OF THE ANNUAL BUDGET OF THE CALHOUN COUNTY SCHOOL DISTRICT AND TO REQUIRE THE CALHOUN COUNTY COUNCIL TO LEVY ANNUALLY SUFFICIENT MILLAGE TO FUND THE CALHOUN COUNTY BOARD OF EDUCATION, THE GRESSETTE CENTER, THE COUNTY'S ANNUAL CONTRIBUTION TO THE ORANGEBURG-CALHOUN TECHNICAL COLLEGE.
Rep. FELDER moved to adjourn debate upon the Senate amendments until Tuesday, May 12, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 2012 -- Rep. Kay: A BILL TO AMEND SECTION 39-55-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS TO CEMETERY LAWS, SO AS TO PROVIDE THAT CHURCH CEMETERIES ARE EXEMPT EXCEPT AS PROVIDED IN SECTION 39-55-300 AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-55-300 SO AS TO REQUIRE A CHURCH WHICH RECEIVES MONEY FOR THE MAINTENANCE OF ITS CEMETERY TO KEEP THE MONEY IN A SEPARATE FUND, TO MAKE IT UNLAWFUL TO USE THE FUND FOR ANY PURPOSE OTHER THAN FOR THE MAINTENANCE OF THE CEMETERY, AND TO PROVIDE PENALTIES.
Rep. KAY 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 following Bill was taken up.
S. 317 -- Senator Drummond: A BILL TO REAUTHORIZE THE BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
The question then recurred to the passage of the Bill on second reading.
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. Bailey, K. Baker Barfield Baxley Blackwell Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Day Gilbert Gregory Harris, J. Haskins Hawkins Hearn Hendricks Hodges Huff Johnson, J.W. Kirsh Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McLellan McTeer Neilson Nesbitt Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, T. Rudnick Sharpe Sheheen Shelton Short Stoddard Sturkie Taylor Toal Townsend Wells Whipper White Wilkins Winstead
Those who voted in the negative are:
Aydlette
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
S. 18 -- Senators Lee, Pope, Hayes and Giese: A Bill TO AMEND SECTION 33-55-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECOVERY AGAINST A CHARITABLE ORGANIZATION, SO AS TO LIMIT RECOVERY OF ACTUAL DAMAGES AGAINST A PHYSICIAN PERFORMING SERVICES WITHOUT CHARGE IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CANCER CLINIC TO TWO HUNDRED THOUSAND DOLLARS.
Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3876Y), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 33-55-210 of the 1976 Code is amended to read:
"Section 33-55-210. Any person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in any action brought against the charitable organization for the actual damages he may sustain in an amount not exceeding two hundred thousand dollars. The judgment in an action under Sections 33-35-210 through 33-55-230 shall constitute constitutes a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim. The plaintiff, when bringing an action under the provisions of Sections 33-55-210 through 33-55-230, shall only may name as a party defendant only the charitable organization for which the employee was acting and shall may not name the employee individually unless the charitable organization for which the employee was acting cannot be determined at the time the action is instituted. In the event If the employee is individually named under the conditions permitted above, the entity for which the employee was acting shall must be substituted as the party defendant when it can be so reasonably determined.
No licensed health care provider who renders medical services voluntarily and without compensation or promise thereof to any person at any hospital, clinic, public school, nonprofit organization, or any agency of the State or one of its political subdivisions where no charges are made by the licensed health care provider for any medical services rendered at the facility is liable for any civil damage or any act or omission resulting from the rendering of the services unless the act or omission was the result of the licensed health care provider's gross negligence or wilful misconduct. The agreement to provide voluntary noncompensated service must be made before the rendering of the service by the licensed health care provider."/
Amend title to conform.
Rep. TOAL explained the amendment.
Rep. GREGORY spoke against the amendment and moved to table the amendment, which was not agreed to by a division vote of 3 to 65.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. LOCKEMY proposed the following Amendment No. 2, which was adopted.
Amend as and if amended, Add or change after word compensation, "expectation".
Rep. TOAL 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. Bailey, K. Baker Baxley Beasley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.N. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Day Derrick Edwards Evatt Fair Felder Ferguson Foster Gilbert Harris, J. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Jones Kay Keyserling Kirsh Kohn Koon Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McGinnis McLeod, E.B. McTeer Moss Neilson Nesbitt Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Sturkie Taylor Thrailkill Toal Townsend Waldrop Washington Wells Whipper White 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.
The following Bill was taken up.
H. 2549 -- Reps. McEachin, Keyserling and J.W. Johnson: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANCE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER FIRST TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ONLY ADJUSTED DOWNWARDLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARING ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 8, by the Committee on Judiciary.
Rep. McEACHIN explained the amendment.
The amendment was then adopted.
Reps. CARNELL and FELDER proposed the following Amendment No. 2 (Doc. No. 3699Y), which was adopted.
Amend the bill, as and if amended, by adding a new section appropriately numbered as follows:
/SECTION 7."The Board of Economic Advisors shall make an initial forecast of economic conditions in the State and state revenues for the next fiscal year no later than October 15th of each year. Adjustments to the forecast may be made downward as provided in Section 11-9-880 (A)on December first and January first. A final forecast for the next fiscal year must be made on February fifteenth. The revenue forecast for the next fiscal year must be the lower of (a)the February fifteenth forecast of the Board of Economic Advisors or (b) the revenue cap computed based on the following formula: (i) the actual general fund collections for the immediately preceding calendar year, and (ii) for fiscal year 1987-88, eighty-two and four-tenths percent of the actual average annual growth of the general fund collections for the immediately preceding calendar year and four prior calendar years' growth of general fund collections and (iii) for fiscal year 1988-89, seventy percent of the actual average annual growth of the general fund collections for the immediately preceding calendar year and four prior calendar years' growth of general fund collections, and (iv) for fiscal year 1989-90 and subsequent fiscal years, sixty percent of the actual average annual growth of the general fund collections for the immediately preceding calendar year and four prior calendar years' growth of general fund collections. Notwithstanding the above provisions, any additional revenue enhancements must receive a two-thirds vote of those present at each stage in the appropriation process (Ways and Means Committee, House of Representatives, Senate Finance Committee, and Senate) to be included in the official revenue forecast for appropriation purposes. These provisions concerning the requirement of a two-thirds vote do not apply to general tax increases or new taxes which affect fifty percent or more of the State's population. Prior to making or adjusting any forecast, the Board may consult with outside economic experts with respect to national and South Carolina economic business conditions. All forecasts and adjusted forecasts must contain:
(1) a brief description of the econometric model and all assumptions and basic decisions underlying the forecasts;
(2) a projection of state revenues on a quarterly basis;
(3) separate discussions of any industry which employs more than twenty percent of the State's total nonagricultural employment and separate projections for these industries."/
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. McEACHIN spoke against the amendment.
Rep. FELDER spoke in favor of the amendment.
Rep. McEACHIN moved that the House recede for 2 minutes, which was adopted.
At 3:47 P.M. the House resumed.
Rep. FELDER continued speaking.
Rep. AYDLETTE raised the Point of Order that the Bill was out of order as it addressed two subJects in the context of one Bill.
The SPEAKER overruled the Point of Order.
Rep. FELDER continued speaking.
The amendment was then adopted.
Reps. CARNELL and McABEE proposed the following Amendment No. 3, which was tabled.
Amend as and if amended, By striking Section 1, page one. Renumber remaining Sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Reps. McEACHIN and KEYSERLING spoke against the amendment.
Rep. J. BRADLEY spoke in favor of the amendment.
Reps. WILKINS and McEACHIN spoke again.ct the amendment.
Rep. CARNELL spoke in favor of the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. CARNELL spoke in favor of the amendment.
Rep. SHEHEEN moved to table the amendment.
Rep. McCAIN 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. Baker Beasley Bennett Blackwell Brown, H. Brown, R. Burriss, M.D. Clyborne Evatt Fair Ferguson Gilbert Harris, J. Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Jones Keyserling Koon Lewis Limehouse Lockemy Mattos McCain McEachin McElveen McGinnis McLellan McTeer Moss Neilson Pearce Petty Phillips, L. Rogers, J. Rogers, T. Sheheen Shelton Short Snow Sturkie Toal Wells White Wilkins
Those who voted in the negative are:
Aydlette Barfield Blanding Boan Bradley, J. Bradley, P. Brown, G. Carnell Chamblee Cooper Dangerfield Davenport Day Derrick Felder Foster Gregory Hawkins Kay Kirsh Klapman Mappus Martin, D. Martin, L. McAbee McBride McLeod, E.B. Nesbitt Pettigrew Phillips, O. Rice Rudnick Stoddard Taylor Thrailkill Waldrop Washington Whipper Williams Winstead
So, the amendment was tabled.
Rep. THRAILKILL proposed the following Amendment No. 4 (Doc. No. 4632Y), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ______. No member of the General Assembly may introduce more than four bills or joint resolutions in any annual session of the General Assembly. There is no limitation on the number of Concurrent or House or Senate Resolutions which may be introduced by a member./
Renumber sections to conform.
Amend totals and title to conform.
Rep. THRAILKILL explained the amendment.
Rep. TOAL raised the Point of Order that Amendment No. 4 was out of order as it was not germane to the Bill.
The SPEAKER Pro Tempore overruled the Point of Order.
Rep. THRAILKILL continued speaking.
Rep. MAPPUS moved that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bennett Blanding Boan Bradley, J. Brown, H. Carnell Gilbert Kay Mappus McAbee Pettigrew Rice Sharpe Shelton Thrailkill Townsend Williams
Those who voted in the negative are:
Alexander, M. O. Alexander, T.C. Altman Aydlette Bailey, G. Baker Barfield Beasley Blackwell Brown, G. Brown, R. M.D. Burriss Chamblee Clyborne Cooper Dangerfield Davenport Day Derrick Fair Felder Ferguson Foster Harris, J. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Jones Keyserling Kirsh Klapman Koon Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McCain McEachin McGinnis McLellan McLeod, E.B. Moss Neilson Nesbitt Ogburn Pearce Petty Phillips, L. Phillips, O. Rogers, J. Rogers, T. Rudnick Sheheen Short Snow Stoddard Sturkie Toal Waldrop Washington Wells Whipper White Wilkins
So, the House refused to adjourn.
Rep. J.W. JOHNSON moved to table the amendment.
Rep. THRAILKILL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 70 to 10.
Rep. KIRSH proposed the following Amendment No. 5 (Doc. No. 4635Y), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION ______. Section 11-9-810 of the 1976 Code is amended to read:
"Section 11-9-810. The General Assembly finds and declares that the present system of advising the Budget and Control Board and General Assembly on economic trends has, at times, developed in a fragmented manner and that a unified system of dealing with the collection, analysis, interpretation, and presentation of matters relative to the economy is urgently needed for the orderly development of projections and forecasts as relates to revenues for a specified period of time. It is the purpose of this provision to establish an organizational and procedural framework governing formulation and review of all state revenues for all state programs and to establish general policy governing the administration of the Office of the Board of Economic Advisors."
SECTION ______. Section 11-9-820 of the 1976 Code is amended to read:
"Section 11-9-820. There is created the Board of Economic Advisors as follows:
(1) One member with broad economic or business experience appointed by the Governor for a period of two years beginning July 1, 1987, and for each two-year period thereafter, who shall serve as chairman.
(2) One member with broad economic or business experience appointed by the Senate Finance Committee chairman for a period of two years beginning July 1, 1987, and for each two-year period thereafter.
(3) One member with broad economic or business experience appointed by the House Ways and Means Committee chairman for a period of two years beginning July 1, 1987, and for each two-year period thereafter.
(4) Director of the Division of Research and Statistical Services, Budget and Control Board.
(5) Chairman of the State Tax Commission.
The chairman of the Board of Economic Advisors shall report directly to the Budget and Control Board to establish policy governing economic trends. Staff support and services for the Board of Economic Advisors must be provided by the Division of Research and Statistical Services, Budget and Control Board, and all such staff shall report to the Division Director. The Office of the Executive Director, Budget and Control Board, shall provide any additional administrative and logistical support that may be required for the Advisors to carry out the provisions of this section. Members of the Board of Economic Advisors who are not state employees shall receive only per diem compensation in accordance with state regulations. State employees shall not receive additional compensation for services to the Board of Economic Advisors.
The members of the Board of Economic Advisors shall appoint a panel consisting of at least five experts to advise the Board of Economic Advisors on national and state economic conditions and trends."
SECTION ______. Section 11-9-830 of the 1976 Code is amended to read:
"Section 11-9-830. In order to provide a more effective system of providing advice to the Budget and Control Board and the General Assembly on revenue trends, the members of the Board of Economic Advisors have the following duties:
(1) The Director, Division of Research and Statistical Services, shall maintain an economic data base and statistical models; shall compile and maintain in a unified, concise, and orderly form information about total revenues; shall compile economic, social, and demographic data for use in the publishing of economic scenarios for incorporation into the development of the state budget; shall publish data on economic and revenue trends; shall provide staff support from within the Division to the Board of Economic Advisors; and shall provide a monitoring report of the economic outlook on a continual basis to the House Ways and Means Committee, the Senate Finance Committee, and the Budget and Control Board.
(2) The chairman of the Tax Commission shall advise the Board of Economic Advisors on trends and impacts regarding revenues administered by the Tax Commission; shall coordinate estimates of impacts on revenues with the Board of Economic Advisors; and shall provide to the Advisors nonconfidential data as may be necessary to carry out their duties.
(3) The three appointed members shall advise on broad economic trends at the national and state levels; shall conduct independent research on economic trends; and must be available to the other advisors for consultation on economic trends.
(4) All Advisors shall continuously review and evaluate total revenues to determine the extent to which they meet fiscal plan forecasts/projections.
(5) The chairman, Board of Economic Advisors, shall bring to the attention of the Governor and the Budget and Control Board the consensus about the effectiveness, or lack thereof, of revenue trends and the impact on statewide budgets."
SECTION ______. Section 11-9-840 of the 1976 Code is amended to read:
"Section 11-9-840. In the organizational and procedural framework governing the formulation and review of revenues, any appropriate governmental entity identifying or requesting a change in the official revenue forecast or projection exceeding one hundred thousand dollars, for a specified period of time, shall first notify the office of the Board of Economic Advisors prior to any independent adjustment in the appropriations or requests of the revenue for a particular year.
The Board of Economic Advisors shall formally meet at least monthly. Other meetings may be at the call of the Governor, the General Assembly, or the Chairman of the Board. Meetings must be announced in advance and open to the public.
The Board of Economic Advisors is the official voice of the State in economic matters related to revenue estimates. The chairman is responsible for formulating a consensus and for generally acting as a spokesman."/
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The SPEAKER Pro Tempore granted Rep. THRAILKILL a leave of absence for the remainder of the day.
Rep. AYDLETTE spoke against the amendment.
Rep. G. BROWN 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:
Blanding Boan Bradley, J. Brown, G. Burriss, T.M. Carnell Chamblee Gregory Kay Koon Martin, L. Mattos McAbee Pettigrew Phillips, O. Rice Sharpe Sturkie Taylor Townsend Waldrop
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, K. Baker Barfield Beasley Blackwell Brown, H. Brown, R. Clyborne Cooper Dangerfield Davenport Edwards Elliott Evatt Fair Ferguson Foster Harris, J. Hawkins Hayes Helmly Hodges Huff Johnson, J.W. Jones Keyserling Kirsh Klapman Lewis Limehouse Lockemy Martin, D. McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Pearce Petty Phillips, L. Rogers, J. Rogers, T. Rudnick Sheheen Shelton Snow Stoddard Toal Washington Wells Whipper Wilkins
So the House refused to adjourn.
Rep. AYDLETTE continued speaking.
Rep. CARNELL moved that the House do now adjourn.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, K. Blanding Boan Bradley, J. Brown, G. Burriss, M.D. Burriss, T.M. Carnell Chamblee Davenport Day Derrick Elliott Felder Ferguson Gilbert Gregory Hearn Helmly Hendricks Jones Klapman Koon Martin, D. Martin, L. Mattos McAbee Moss Pearce Pettigrew Phillips, O. Rice Sharpe Shelton Snow Taylor Townsend Waldrop Washington Whipper Williams Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Beasley Blackwell Brown, H. Brown, R. Clyborne Cooper Dangerfield Edwards Evatt Fair Foster Hawkins Hayes Hodges Huff Johnson, J.W. Kay Keyserling Kirsh Lewis Limehouse Lockemy McBride McCain McEachin McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Petty Phillips, L. Rogers, J. Rogers, T. Rudnick Sheheen Short Sturkie Toal Wells White Wilkins
So the House refused to adjourn.
Rep. AYDLETTE continued speaking.
Rep. CARNELL 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:
Bailey, K. Bennett Blanding Boan Bradley, J. Brown, G. Brown, H. Burriss, M.D. Carnell Chamblee Davenport Derrick Elliott Evatt Felder Ferguson Hearn Helmly Martin, L. McAbee Moss Ogburn Pearce Pettigrew Petty Phillips, O. Rice Sharpe Sturkie Taylor Townsend Waldrop Washington Whipper Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Beasley Blackwell Brown, R. Clyborne Cooper Dangerfield Day Edwards Faber Fair Foster Harris, J. Hawkins Hayes Hodges Huff Johnson, J.W. Jones Kay Keyserling Kirsh Limehouse Lockemy Mattos McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Phillips, L. Rogers, J. Rogers, T. Rudnick Sheheen Shelton Toal Wells White Wilkins
So, the House refused to adjourn.
Rep. AYDLETTE continued speaking.
Rep. McABEE moved immediate cloture on the entire matter.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Beasley Blackwell Brown, N. Brown, R. Clyborne Cooper Dangerfield Edwards Fair Foster Harris, J. Hayes Helmly Hodges Huff Johnson, J.W. Jones Kay Keyserling Koon Lewis Lockemy Martin, D. Martin, L. Mattos McBride McCain McEachin McGinnis McLellan McTeer Neilson Nesbitt Pearce Petty Phillips, L. Rogers, J. Rogers, T. Rudnick Sheheen Shelton Sturkie Toal Wells White Wilkins
Those who voted in the negative are:
Aydlette Bailey, K. Barfield Blanding Boan Bradley, J. Burriss, M.D. Carnell Chamblee Davenport Day Derrick Elliott Evatt Felder Hawkins Hearn Kirsh Limehouse McAbee McLeod, E.B. Moss Ogburn Pettigrew Phillips, O. Rice Townsend Waldrop Washington Whipper Williams
So, having received the necessary vote, immediate cloture was ordered.
Reps. CARNELL, FELDER, J. BRADLEY and McABEE proposed the following Amendment No. 6 (Doc. No. 4643Y), which was tabled.
Amend the bill, as and if amended, by adding at the end of Section 2-1-180 of the 1976 Code, as contained in Section 1, the following:
/Neither house of the General Assembly during its regular annual session shall meet on Monday, Friday, Saturday, or Sunday for the conduct of statewide business, except upon a two-thirds vote of that particular house./
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. SHEHEEN spoke against the amendment and moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, K. Beasley Blanding Boan Brown, R. Burriss, M.D. Chamblee Clyborne Dangerfield Day Edwards Elliott Fair Foster Hawkins Hayes Hearn Hodges Huff Johnson, J.W. Jones Keyserling Kirsh Koon Lewis Lockemy Martin, L. Mattos McCain McEachin McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Pearce Phillips, L. Rice Rogers, J. Rogers, T. Sheheen Shelton Sturkie Toal Wells Wilkins
Those who voted in the negative are:
Aydlette Baker Barfield Blackwell Bradley, J. Brown, C. Brown, H. Carnell Cooper Davenport Derrick Felder Helmly Kay Limehouse Martin, D. McAbee McBride Moss Ogburn Pettigrew Petty Phillips, O. Rudnick Sharpe Taylor Townsend Waldrop Whipper Williams
So, the amendment was tabled.
Rep. McABEE spoke against the Bill.
Rep. CARNELL 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 Bailey, K. Blanding Boan Bradley, J. Brown, G. Brown, R. Burriss, M.D. Carnell Chamblee Davenport Derrick Elliott Evatt Felder Ferguson Harris, J. Hearn Jones Kay Koon Martin, L. McAbee Moss Ogburn Pearce Pettigrew Rice Sharpe Sturkie Taylor Townsend Waldrop Washington Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Beasley Blackwell Brown, H. Clyborne Cooper Dangerfield Day Edwards Fair Foster Hayes Helmly Hodges Huff Johnson, J.W. Keyserling Kirsh Lewis Limehouse Lockemy Martin, D. Mattos McBride McCain McEachin McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Petty Phillips, L. Phillips, O. Rogers, J. Rogers, T. Rudnick Sheheen Shelton Toal Wells Whipper Wilkins Williams
So, the House refused to adjourn.
Reps. J. BRADLEY and FELDER spoke against the Bill.
Rep. SHEHEEN spoke in favor of the Bill.
Rep. CARNELL moved to table the Bill.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. SHEHEEN 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:
Aydlette Bailey, K. Blackwell Blanding Boan Bradley, J. Brown, G. Burriss, M.D. Carnell Chamblee Davenport Derrick Elliott Evatt Felder Ferguson Hearn Mattos McAbee Ogburn Pettigrew Rice Waldrop Washington Whipper Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Beasley Brown, H. Brown, J. Brown, R. Clyborne Cooper Dangerfield Day Edwards Fair Foster Harris, J. Hayes Helmly Hodges Huff Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McCain McEachin McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Pearce Petty Phillips, L. Phillips, O. Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Sturkie Toal Townsend Wells Wilkins Williams
So, the House refused to adjourn.
The question then recurred to the motion to table the Bill.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, K. Barfield Blanding Boan Bradley, J. Brown, G. Carnell Chamblee Davenport Elliott Felder Foster Kirsh Martin, D. Mattos McAbee McLeod, E.B. Nesbitt Ogburn Pettigrew Phillips, O. Rice Rudnick Waldrop Washington Whipper Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Beasley Blackwell Brown, H. Brown, J. Brown, R. Burriss, M.D. Clyborne Cooper Dangerfield Day Derrick Edwards Evatt Fair Ferguson Harris, J. Hayes Hearn Helmly Hodges Huff Johnson, J.W. Jones Kay Keyserling Koon Lewis Limehouse Lockemy Martin, L. McBride McCain McEachin McElveen McGinnis McLellan McTeer Moss Neilson Pearce Petty Phillips, L. Rogers, J. Rogers, T. Sharpe Sheheen Shelton Sturkie Toal Townsend Wells White Wilkins
So, the House refused to table the Bill.
Rep. J. BRADLEY moved to continue the Bill, which was not agreed to by a division vote of 29 to 53.
Rep. CARNELL moved to divide the question and vote upon the Bill section by section. Rep. TOAL moved to table the motion.
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. Bailey, G. Baker Beasley Brown, H. Brown, J. Brown, R. Burriss, M.D. Clyborne Dangerfield Day Edwards Fair Ferguson Harris, J. Hayes Hearn Helmly Hodges Huff Johnson, J.W. Kirsh Koon Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McCain McEachin McGinnis McLellan McTeer Moss Neilson Pearce Petty Phillips, L. Rogers, J. Rogers, T. Sheheen Shelton Sturkie Toal Wells White Wilkins
Those who voted in the negative are:
Aydlette Bailey, K. Barfield Blackwell Blanding Boan Bradley, J. Brown, G. Carnell Chamblee Cooper Davenport Derrick Elliott Evatt Felder Foster Jones Kay Kirsh Mattos McAbee McElveen McLeod, E.B. Nesbitt Ogburn Pettigrew Phillips, O. Rice Rudnick Sharpe Townsend Waldrop Washington Whipper Williams Winstead
So, the motion to table was agreed to.
Rep. McABEE moved to table Section 1 of the Bill.
Rep. TOAL raised the Point of Order that the motion to strike an individual section of the Bill was, in effect, an amendment to the Bill, which was out of order as immediate cloture was in effect and prohibited further amendments to the Bill from being placed before the House, unless the question was divided on a section by section basis.
Rep. McABEE argued that the rule applied to written amendments which must be placed on the desk.
The SPEAKER Pro Tempore sustained the Point of Order and ruled the motion out of order.
Rep. J. BRADLEY moved to strike the enacting words of the Bill.
Rep. TOAL raised the Point of Order that the motion to strike out the enacting words was, in effect, an attempt to amend the Bill, which was out of order as immediate cloture was in effect, which prohibited the placement of amendments before the House.
Rep. J. BRADLEY argued that the effect of the motion was not to amend the Bill, but to reject the Bill.
The SPEAKER Pro Tempore sustained the Point of Order and ruled the motion out of order.
Rep. J. BRADLEY moved to postpone the Bill indefinitely.
Rep. SHEHEEN raised the Point of Order that the motion to postpone indefinitely was out of order as immediate cloture was in effect, which was a higher motion.
The SPEAKER Pro Tempore sustained the Point of Order and ruled the motion out of order.
The question then recurred to the passage of the Bill, as amended, on second reading.
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. Aydlette Bailey, G. Baker Beasley Blackwell Brown, H. Brown, J. Brown, R. Burriss, M.D. Clyborne Cooper Dangerfield Day Derrick Edwards Elliott Evatt Faber Fair Ferguson Harris, J. Hayes Hearn Helmly Hodges Huff Johnson, J.W. Jones Keyserling Koon Lewis Limehouse Lockemy Mappus Martin, L. McBride McCain McEachin McElveen McGinnis McLellan McTeer Moss Neilson Pearce Petty Phillips, L. Rogers, J. Rogers, T. Sharpe Sheheen Sheldon Sturkie Toal Townsend Wells White Wilkins
Those who voted in the negative are:
Bailey, K. Barfield Blanding Boan Bradley, J. Brown, G. Carnell Chamblee Davenport Felder Foster Kirsh Martin, D. Mattos McAbee McLeod, E.B. Nesbitt Ogburn Pettigrew Phillips, O. Rice Rudnick Waldrop Washington Whipper Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. McABEE moved that the House recede until 8:30 P.M.
Rep. TOAL moved that the House do now adjourn.
Rep. CARNELL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. TOAL moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 2466 -- Rep. Harvin: A CONCURRENT RESOLUTION DESIGNATING NOVEMBER 19, 1987, AS HISTORY DAY IN SOUTH CAROLINA, AND AUTHORIZING THE CONFEDERATION OF SOUTH CAROLINA LOCAL HISTORICAL SOCIETIES TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES ON THAT DAY FOR THE CELEBRATION OF THIS EVENT.
H. 2825 -- Reps. McAbee, Waldrop, Gentry, Kay, Sharpe, Jones, Townsend, Tucker, P. Harris, J. C. Johnson, Carnell, Cooper, T. Rogers, Chamblee, Rudnick, T.C. Alexander, McLellan, L. Martin and Harvin: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON TUESDAY, MAY 26, 1987, AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY FOR THE PURPOSE OF UNVEILING A PORTRAIT OF THE HONORABLE WILLIAM JENNINGS BRYAN DORN.
H. 2891 -- Reps. Evatt, Beasley and Hayes: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 4, 1987, AS "SOUTH CAROLINA CHILDREN ' S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
H. 3104 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE G. RAY COKER, CLARENDON COUNTY, CHAIRMAN OF THE BOARD AND CHIEF EXECUTIVE OFFICER OF COKER BUILDERS, INC., ON BEING SELECTED THE 1987 SOUTH CAROLINA SMALL BUSINESS PERSON OF THE YEAR.
H. 3105 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE THIRTEEN YEAR OLD BLAIR ANGLE, AN EIGHTH GRADER AT LONG JUNIOR HIGH SCHOOL, CHESTERFIELD COUNTY, FOR PLACING THIRD IN THE CHARLOTTE OBSERVER'S THIRTY-THIRD ANNUAL REGIONAL SPELLING BEE AND FOR BEING SELECTED AS A MEMBER OF THE MATHCOUNTS TEAM THAT WILL REPRESENT SOUTH CAROLINA IN WASHINGTON, D.C., WHERE THEY WILL COMPETE FOR THE MATHCOUNTS NATIONAL CHAMPIONSHIP MAY 14-17, 1987, AND TO EXTEND BEST WISHES FOR ABUNDANT SUCCESS.
H. 3106 -- Rep. M.O. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE THE TEAM FROM BRYSON MIDDLE SCHOOL IN FOUNTAIN INN, GREENVILLE COUNTY, AND THE COACHES FOR WINNING THE CAROLINAS' FUTURE PROBLEM SOLVING BOWL AT THEIR GRADE LEVEL, AND TO WISH THE TEAM THE VERY BEST OF LUCK IN THE UPCOMING INTERNATIONAL FUTURE PROBLEM SOLVING CONFERENCE TO BE HELD IN ANN ARBOR, MICHIGAN.
At 6:40 P.M. the House in accordance with the motion of Rep. TOAL adjourned to meet at 10:00 A.M. tomorrow.
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