Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, grant that we might meet the tasks of this day with a firm confidence in your undergirding and sustaining presence. Fill us with an ever-increasing desire to have our people blessed by what we here say and do. Grant us the judgment to make wise decisions and take sound actions for the welfare of our people. Keep us moving in the direction of what is right and good, and with courage and integrity may we take our stand, cast our vote, and live our lives. Teach us as individuals to forgive as You have forgiven us, to possess charity as You deal charitably with us, and to live as we can live guided by Your unchanging principles and precepts.
In the spirit of Him Who is the Father of all we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2368 -- Reps. Sheheen, Barfield, Boan, Elliott, Hayes, Huff, J.W. Johnson, Keyserling, Lewis, D. Martin, Pearce, J. Rogers, Sharpe, Shelton, Snow, Taylor, Toal, McLellan, Short, Gentry, Evatt, McGinnis, Hodges, M.O. Alexander, T. Rogers, O. Phillips, McEachin, H. Brown, J.W. McLeod, Gregory, Klapman, Nesbitt, Helmly, Baxley, McCain, Wilder and Felder: A BILL TO ENACT THE LOCAL GOVERNMENT FINANCE ACT AUTHORIZING COUNTIES TO LEVY, WITHIN LIMITS, LOCAL SALES AND USE TAXES; TO ALLOW COUNTIES AND MUNICIPALITIES TO LEVY, WITHIN LIMITS, LOCAL INCOME TAXES OR LOCAL OPTION OCCUPATIONAL TAXES, LOCAL MOTOR VEHICLE LICENSE TAXES, LOCAL ADMISSIONS TAXES; TO REQUIRE THAT AN ADVISORY REFERENDUM MUST BE CONDUCTED PRIOR TO THE IMPLEMENTATION BY THE COUNTY OF THE LOCAL OPTION SALES AND USE TAX; TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE CHARGES FOR COIN-OPERATED DEVICES, SO AS TO AUTHORIZE MUNICIPALITIES AND COUNTIES TO LEVY A LOCAL OPTION COIN-OPERATED DEVICE TAX; AND TO REPEAL SECTIONS 56-3-430 AND 56-3-440 RELATING TO PROHIBITING MUNICIPALITIES WITH POPULATIONS BETWEEN FIFTY-FIVE THOUSAND AND SEVENTY THOUSAND FROM CHARGING INSPECTION OR REGISTRATION FEES, AND THE AUTHORITY OF MUNICIPALITIES WITH POPULATIONS OF SEVENTY THOUSAND OR MORE TO REQUIRE REGISTRATION OF MOTOR VEHICLES.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments on:
H. 2865 -- Reps. J.H. Burriss and T.M. Burriss: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND LICENSE FEES FOR PRIVATE PASSENGER-CARRYING VEHICLES, SO AS TO DECREASE THE ANNUAL REGISTRATION FEE FROM FIFTEEN TO TEN DOLLARS FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER ON ANY PROPERTY-CARRYING VEHICLE WITH A GROSS WEIGHT OF FIVE THOUSAND POUNDS OR LESS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 84 -- Senators McConnell and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY CHARGE A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED AND SET BY STATUTORY LAW AND TO DEFINE STATUTORY LAW.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2486 -- Rep. Nettles: A BILL TO AMEND SECTION 56-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WITHOUT A LICENSE, SO AS TO INCREASE THE PENALTY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2523 -- Reps. Harvin, Neilson, Baxley, Moss, Nesbitt, Wells, Hearn, Simpson and Waldrop: A BILL TO AMEND SECTION 16-17-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAMAGE TO CEMETERIES, SO AS TO REVISE THE PROVISIONS DETAILING THE OFFENSES INVOLVING THE DAMAGE, TO PROVIDE PENALTIES, AND TO EXEMPT ARCHAEOLOGISTS; AND TO AMEND SECTION 16-17-600, RELATING TO DESTRUCTION OF CRAVES, SO AS TO REVISE THE PROVISIONS DETAILING THE OFFENSES INVOLVING THE DESTRUCTION, TO PROVIDE PENALTIES, TO EXEMPT ARCHAEOLOGISTS, AND TO PROVIDE FOR REPAIR AND REPLACEMENT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, Rep. RUDNICK, for the minority, submitted an unfavorable report, on:
H. 2540 -- Reps. J.C. Johnson, Kay, Townsend, Carnell, McAbee and Cooper: A BILL TO REPEAL SECTION 61-9-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHICH PROVIDES THAT IF A PERSON IS CHARGED WITH UNLAWFULLY SELLING BEER OR WINE TO A MINOR, THE MINOR ALSO MUST BE CHARGED WITH THE UNLAWFUL PURCHASE OR POSSESSION OF BEER OR WINE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report on:
H. 2563 -- Rep. Gentry: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-530 SO AS TO MAKE IT UNLAWFUL TO INTENTIONALLY DISCHARGE A WEAPON ACROSS A PUBLIC ROAD, AND PROVIDE A PENALTY FOR VIOLATION AND TO EXEMPT FROM THE PROVISIONS OF THIS SECTION ANY LAW ENFORCEMENT OFFICER IN THE LAWFUL EXERCISE OF HIS OFFICIAL DUTIES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2670 -- Reps. Hodges and Limehouse: A BILL TO AMEND SECTION 50-9-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN HUNTING LICENSE PROVISIONS, SO AS TO DELETE THE AUTHORITY OF THE COURT TO IMPOSE BOTH A MONETARY PENALTY AND INCARCERATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2676 -- Reps. Wilkins, Clyborne, H. Brown, Baxley, Tucker, Nettles, Toal, Gentry, Haskins, Arthur, D. Martin, Hendricks, McElveen, Wilder, McEachin, J.W. Johnson and Hayes: A BILL TO AMEND SECTION 44-53-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO PROVIDE THAT THIS CRIMINAL OFFENSE IS A FELONY, PROVIDE DIFFERENT PENALTIES FOR THE CRIMINAL OFFENDER WHO WAS LESS THAN TWENTY-ONE YEARS OF AGE AT THE TIME HE COMMITTED THE ACT AND FOR THE OFFENDER WHO WAS TWENTY-ONE YEARS OF AGE OR OLDER AT THE TIME HE COMMITTED THE ACT, AND CHANGE THE TERM "PRESUMPTIONS" IN THE SECTION TO "INFERENCES"; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME CONTAINED IN SECTION 44-53-445.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, Rep. RUDNICK, for the minority, submitted an unfavorable report, on:
H. 2710 -- Reps. Hayes, Fair, Felder, McCain, Haskins and Toal: A BILL TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABORTIONS, SO AS TO DEFINE MINOR AS ANY FEMALE UNDER SEVENTEEN YEARS OF AGE, REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR FURNISHING PROOF OF AGE AND REQUIRED GUARDIAN OR PARENTAL RELATIONSHIP PRIOR TO PERFORMING AN ABORTION UPON A MINOR, AND TO PROVIDE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 44-41 -31 THROUGH 44-41 -37 so AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED PRIOR TO PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, Rep. RUDNICK, for the minority, submitted an unfavorable report, on:
H. 2759 -- Rep. Foxworth: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-420 SO AS TO LIMIT THE LIABILITY OF LAW ENFORCEMENT OFFICERS FOR EVENTS OCCURRING DURING THE ENFORCEMENT OR INVESTIGATION OF THE WILDLIFE CONSERVATION AND BOATING LAWS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2957 -- Reps. Hodges and Clyborne: A BILL TO AMEND SECTION 16-13-180, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO THE CRIME OF RECEIVING STOLEN GOODS, SO AS TO RAISE FROM ONE HUNDRED TO TWO HUNDRED DOLLARS THE VALUE OF THE GOODS RECEIVED WHICH VESTS JURISDICTION IN THE CASE TO MAGISTRATES' COURTS AND TO RESTATE THE OFFENSE IN MODERN LANGUAGE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, Rep. FERGUSON, for the minority, submitted an unfavorable report, on:
S. 25 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2936 SO AS TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR A VIOLATION OF SECTION 56-5-2930 (DUI); AND TO AMEND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO ADD A BLOOD TEST TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR ITS USE, AND TO RELEASE PERSONS ADMINISTERING THE TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 102 -- Senators J. Verne Smith, McLeod, Setzler, E. Patterson, Lourie, Theodore and Nell W. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-375 SO AS TO PROVIDE THAT THE POSSESSION OF LESS THAN ONE GRAM OF CRACK COCAINE IS A MISDEMEANOR AND PROVIDE PENALTIES UPON CONVICTION, TO PROVIDE THAT A SECOND AND SUBSEQUENT CONVICTION OF THIS OFFENSE IS A FELONY, TO PROVIDE THAT THE MANUFACTURE, DISTRIBUTION, DISPENSATION, OR THE POSSESSION WITH INTENT TO DISTRIBUTE OR DISPENSE CRACK COCAINE IS GUILTY OF A FELONY AND PROVIDE PENALTIES UPON CONVICTION, TO PROVIDE THAT THE POSSESSION OF ONE OR MORE GRAMS OF CRACK COCAINE IS PRIMA FACIE EVIDENCE OF A VIOLATION OF THIS FELONY, TO PROVIDE THAT SENTENCES FOR VIOLATION OF THE PROVISIONS OF SECTION 44-53-375 MAY NOT BE SUSPENDED AND PROBATION MAY NOT BE GRANTED EXCEPT FOR A FIRST OFFENSE; TO AMEND SECTION 44-53-110, RELATING TO DEFINITIONS OF NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO DEFINE "CRACK COCAINE"; TO AMEND SECTION 44-53-440, RELATING TO THE FELONY OF DISTRIBUTING A CONTROLLED SUBSTANCE CLASSIFIED IN SECTION 44-53-190(b)(c) (SCHEDULE 1) WHICH IS A NARCOTIC DRUG OR LYSERGIC ACID DIETHYLAMIDE (LSD) AND IN SECTION 44-53-210 (SCHEDULE II) WHICH IS A NARCOTIC DRUG TO A PERSON UNDER THE ACE OF EIGHTEEN, SO AS TO MAKE IT A SEPARATE OFFENSE FOR VIOLATIONS OF THIS SECTION AND INCLUDE IN IT A VIOLATION OF SECTION 44-53-375(B); TO AMEND SECTION 44-53-445, RELATING TO THE CRIME OF DISTRIBUTING, SELLING, OR MANUFACTURING, OR UNLAWFULLY POSSESSING WITH INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL, SO AS TO PROVIDE A SEPARATE PENALTY UPON CONVICTION WHEN A VIOLATION OF THIS SECTION INVOLVES CRACK COCAINE; TO ADD THE FELONIES ESTABLISHED BY THE PROVISIONS OF SECTION 44-53-375 TO THE LIST OF FELONIES IN SECTION 16-1-10 WITH THE EXCEPTION OF THE CONVICTION OF THE FIRST OFFENSE POSSESSION OF LESS THAN ONE GRAM OF CRACK COCAINE; AND TO REPEAL SECTION 44-53-510 RELATING TO THE REQUIREMENT THAT ALL ARRESTS FOR DRUG AND NARCOTIC VIOLATIONS BE REPORTED TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE COMMISSION ON ALCOHOL AND DRUG ABUSE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, Rep. RUDNICK, for the minority, submitted an unfavorable report, on:
S. 131 -- Senators Pope, Lourie, Giese and Leventis: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING CHAPTER 27 SO AS TO PROVIDE FOR THE EMPLOYMENT PROTECTION FOR AN EMPLOYEE OF A PUBLIC BODY WHO REPORTS A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION INVOLVING A PUBLIC BODY OR ITS EMPLOYEES OR OFFICIALS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 680 -- Senator Drummond: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF INCOME TO SECURE PAYMENT OF CHILD SUPPORT OBLIGATIONS, SO AS TO EXEMPT THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AS A PAYOR IN THE PAYMENT OF BENEFITS.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, Reps. BAKER and CHAMBLEE, for the minority, submitted an unfavorable report, on:
H. 2650 -- Reps. Evatt, Hayes, Beasley, J. Rogers, Ogburn, Gregory, D. Martin, E.B. McLeod, Whipper, McBride, McElveen, McAbee, Aydlette, Stoddard, Faber, White, Cork, Foxworth, Limehouse, R. Brown, Davenport, Keyserling, Williams, Toal, Gilbert, G. Brown, Wilder, Boan, Rhoad, Short, Hendricks, J. Brown, Washington, Lockemy, J.W. McLeod, T. Rogers, Hodges, McTeer, McLellan, Ferguson, G. Bailey, Foster, Nesbitt, T.C. Alexander, Holt, Mappus, O. Phillips, J. Harris, Townsend, Waldrop, Simpson, K. Bailey, Huff, Arthur, Lewis, P. Harris, J.C. Johnson, J.W. Johnson, Dangerfield, Tucker, Moss, Cooper, Day, Neilson, Kay, Altman, Felder, Blanding and Rudnick: A BILL TO AMEND SUBARTICLE 1, ARTICLE 13, CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD WELFARE AGENCIES, SO AS TO REVISE THE PROVISIONS REGULATING THESE AGENCIES BY PROVIDING FOR DEFINITIONS, EXCEPTIONS, REGISTRATION, ADMINISTRATION OF THE SUBARTICLE'S PROVISIONS, DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES, THE CHILD WELFARE AGENCY STANDARDS ADVISORY COMMITTEE, ADMINISTRATIVE SANCTIONS, CIVIL ACTIONS, CRIMINAL PROCEEDINGS, CONFIDENTIAL INFORMATION, AND PENALTIES; TO AMEND SECTION 44-1-140, RELATING TO REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF HEALTH AND SAFETY STANDARDS FOR FACILITIES OR AGENCIES PROVIDING RESIDENTIAL SERVICES TO CHILDREN; AND TO PROVIDE FOR THE APPLICATION FOR A REGISTRATION CERTIFICATE WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE ACT, CAUSES OF ACTION PENDING ON THE EFFECTIVE DATE, AND EFFECTIVE REGULATIONS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3116 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE THE FAMILY OF THE LATE GEORGE JEFFCOAT FOR HIS MANY ACCOMPLISHMENTS IN FOOTBALL AND BASEBALL UPON HIS POSTHUMOUS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3117 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE BETTIS HERLONG FOR HIS MANY ACCOMPLISHMENTS AS A COACH AT BROOKLAND-CAYCE HIGH SCHOOL UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3118 -- Rep. Simpson: A CONCURRENT RESOLUTION CONGRATULATING BUD KELLEY OF PICKENS COUNTY UPON BEING CHOSEN AS THE RECIPIENT OF THE FIRST ANNUAL SMALL BUSINESSPERSON OF THE YEAR AWARD BY THE CLEMSON CHAMBER OF COMMERCE, AND WISHING HIM CONTINUED SUCCESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 758 -- Senators Setzler, Shealy and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. HELEN DANIKAS-LANIER OF LEXINGTON COUNTY UPON BEING SELECTED MRS. SOUTH CAROLINA FOR 1987-88.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3125 -- Reps. Davenport, Edwards, Ferguson, D. Hawkins, McGinnis, Petty and Wells: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO HANS WALKER, CHIEF OF THE CROFT VOLUNTEER FIRE DEPARTMENT IN SPARTANBURG COUNTY FOR HIS THIRTY-ONE YEARS OF DEDICATED AND UNSELFISH SERVICE TO THE CITIZENS OF THE CROFT COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. LOCKEMY, with unanimous consent, the following was taken up for immediate consideration:
H. 3126 -- Reps. Lockemy and J.W. McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 9 BYPASS IN DILLON COUNTY IN HONOR OF THE HONORABLE MARION H. KINON.
Whereas, The Honorable Marion H. Kinon was born in Dillon County on March 6, 1929; and
Whereas, "Son" Kinon, as he is affectionately known, has distinguished himself by serving his community, county, and country in various capacities always sacrificing his time for the benefit of others; and
Whereas, he served as a member of the House of Representatives from 1957 to 1960 and from 1978 to September 20, 1979; and
Whereas, he was elected Circuit Court Judge at Large for Seat No. 6 and has been a valuable asset to our judicial system. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is requested to designate that portion of South Carolina Highway 9 Bypass in Dillon County from I-95 to U.S. 301, approximately one mile, as the Marion H. Kinon Boulevard.
Be it further resolved appropriate markers be erected to indicate this boulevard.
Be it further resolved that a copy of this resolution be forwarded to Department of Highways and Public Transportation.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3119 -- Charleston Delegation: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1987-88 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1987-88.
On motion of Rep. HOLT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3120 -- Reps. Hearn, Evatt, Beasley, L. Martin, Baker, P. Bradley, Wilder, McCain and Wells: A BILL TO AMEND SECTION 16-15-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INDECENT EXPOSURE, SO AS TO DELETE THE PROVISION REQUIRING THAT THE PERSON VIEWING THE EXPOSURE MUST BE ON A STREET OR HIGHWAY.
Referred to Committee on Judiciary.
H. 3121 -- Rep. Aydlette: A BILL TO PROVIDE THAT THE SOUTH CAROLINA INSURANCE DEPARTMENT'S UNIFORM CLASSIFICATION PLAN MAY NOT MAKE DISTINCTIONS BASED ON AGE EXCEPT FOR AN EQUAL CLASSIFICATION FOR MALE AND FEMALE DRIVERS UNDER AGE TWENTY-ONE.
Referred to Committee on Labor, Commerce and Industry.
H. 3122 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO LICENSING, DESIGNATED AS REGULATION DOCUMENT NUMBER 785, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3123 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF COSMETOLOGY, RELATING TO CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 792, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3124 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, RELATING TO EXAMINATIONS AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 806, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 577 -- Senators Hayes, McConnell, Long, Dennis, Branton, Bryan, Courson, Doar, Drummond, Fielding, Garrison, Giese, Hinson, Holland, Leatherman, Lee, Leventis, Lindsay, Lourie, Macaulay, Martin, Matthews, McGill, McLeod, Moore, Patterson, Peeler, Pope, Powell, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Thomas E. Smith, Jr., Thomas, Waddell and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO ESTABLISH A STATE GRAND JURY BY GENERAL LAW; AND PROPOSING AN AMENDMENT TO SECTION 11 OF ARTICLE I OF THE CONSTITUTION, RELATING TO THE REQUIREMENT THAT NO PERSON MAY BE HELD TO ANSWER FOR ANY CRIME WHERE THE PUNISHMENT EXCEEDS A FINE OF TWO HUNDRED DOLLARS OR IMPRISONMENT FOR THIRTY DAYS, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY OF THE COUNTY WHERE THE CRIME HAS BEEN COMMITTED, WITH CERTAIN EXCEPTIONS SO AS TO PROVIDE THAT NOTHING CONTAINED IN THE CONSTITUTION IS DEEMED TO LIMIT OR PROHIBIT THE ESTABLISHMENT BY THE GENERAL ASSEMBLY OF A STATE GRAND JURY WITH THE AUTHORITY TO RETURN INDICTMENTS AND WITH THAT OTHER AUTHORITY, INCLUDING PROCEDURE, AS THE GENERAL ASSEMBLY MAY PROVIDE.
Referred to Committee on Judiciary.
S. 688 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-420 SO AS TO PRESCRIBE THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD WITH RESPECT TO THE SPECIFICATIONS FOR, RECEIPT OF, PRINTING, AND DISTRIBUTION OF ANNUAL REPORTS OF STATE AGENCIES, DEPARTMENTS, AND INSTITUTIONS, AND TO PROHIBIT THE PRINTING OF THE REPORTS IN MULTICOLOR FORMAT.
Referred to Committee on Ways and Means.
S. 703 -- Senators Pope, Giese and Hayes: A BILL TO AMEND SECTION 40-47-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY ACTION AGAINST PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR A LICENSEE'S RIGHT TO JUDICIAL REVIEW OF DISCIPLINARY ACTION, PROVIDE FOR THE APPEAL TO BE CONSIDERED AN EMERGENCY AND TO TAKE PRECEDENCE ON THE CIRCUIT COURT'S CALENDAR, REQUIRE THE APPEAL TO BE HEARD NOT LATER THAN THIRTY DAYS FROM THE DATE THE PETITION IS FILED, AND LIMIT THE GRANTING OF A STAY OR SUPERSEDEAS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 732 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENDING THE TIME WITHIN WHICH CERTAIN PERSONS UNDER DISABILITY MAY BRING A CIVIL ACTION, SO AS TO PROVIDE THAT AN ACTION ACCRUING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT IS NOT SO EXTENDED; SECTION 15-78-20, AS AMENDED, RELATING TO LEGISLATIVE FINDINGS REGARDING THE TORT CLAIMS ACT, SO AS TO FURTHER DELINEATE WHEN THE DOCTRINE OF SOVEREIGN IMMUNITY IS REINSTATED FOR GOVERNMENTAL ENTITIES AND TO PROVIDE FOR ADDITIONAL LEGISLATIVE FINDINGS IN REGARD TO BRINGING GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS UNDER THE PROVISIONS OF THE ACT; SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY"; SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO RECREATIONAL AREAS, ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD, AND GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 15-78-70, RELATING TO THE LIABILITY FOR AN ACT OF A GOVERNMENT EMPLOYEE, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTIONS 15-78-100 AND 15-78-110, RELATING TO WHEN AN ACTION UNDER THE TORT CLAIMS ACT MUST BE INSTITUTED, SO AS TO FURTHER PROVIDE FOR THIS TIME; SECTION 15-78-120, RELATING TO LIMITATIONS ON THE AMOUNT OF RECOVERY, SO AS TO FURTHER PROVIDE FOR THESE LIMITATIONS AND TO INCREASE THESE LIMITATIONS IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 59-67-710, AS AMENDED, RELATING TO CONTRACTS OF INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE BENEFITS AND LIMITS OF LIABILITY THEREON, SO AS TO FURTHER PROVIDE FOR THESE LIMITS AND LIABILITY; AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING OF CERTAIN CLAIMS UNDER THE TORT CLAIMS ACT MUST BE COMPUTED.
Referred to Committee on Judiciary.
S. 734 -- Judiciary Committee: A BILL TO AMEND CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURIES AND JURORS BY ADDING ARTICLE 15 SO AS TO ESTABLISH A METHOD FOR CONVENING AND SELECTING A STATE GRAND JURY, TO PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND OPERATIONS, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATING THE SECRECY RULES OF THE STATE GRAND JURY PROCEEDINGS.
Referred to Committee on Judiciary.
On motion of Rep. HOLT, with unanimous consent, it was ordered that H. 3119 be read the second time tomorrow.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Altman Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Dangerfield Davenport Derrick Elliott Evatt Faber Fair Ferguson Foster Foxworth Gilbert Gordon Harris, J. Haskins Hawkins Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C.. Johnson, J.W. Jones Keyserling Kirsh Klapman Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLeod, E.B. McLeod, J.W. Moss Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Thrailkill Toal Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on May 7, 1987.
Doug McTeer John I. Rogers Jack Gregory Roland S. Corning David Beasley Grady Brown Paul Short Denny W. Neilson L. Edward Bennett Robert A. Kohn Fred Day John H. Burriss Robert N. McLellan T.W. Edwards John Felder Thomas C. Alexander Timothy F. Rogers Larry Koon
STATEMENT OF ATTENDANCE
Reps. LIMEHOUSE and KOON signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, May 6, 1987.
The SPEAKER granted Rep. HAYES a leave of absence to attend National Guard Training.
The SPEAKER granted Reps. P. HARRIS, TUCKER, KAY and TOWNSEND a leave of absence for the day.
May 5, 1987
The Honorable Robert J. Sheheen
Speaker Of The House
506 Blatt Building
Columbia, SC 29211
Dear Speaker Sheheen:
Re: Leave of Absence
We are requesting a leave of absence for the 7th of May 1987. The primary reason for requesting leave is due to the announcement of new growth and development to Anderson County. It is with great pleasure and concern that our presence be at the announcement of White Consolidation Corporation this Thursday. The impact of this corporation to our county is vital and we as representatives are proud and honored that White Industries has chosen Anderson County as its home.
Sincerely,
John W. Tucker, Jr.
Patrick B. Harris
Announcement was made that G.B. Hodge of Spartanburg, is the Doctor of the Day for the General Assembly.
Rep. AYDLETTE moved to reconsider the vote whereby the following Bill was given a second reading.
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 CHANGE 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.
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. Altman Baker Baxley Blackwell Brown, H. Burriss, T.M. Chamblee Clyborne Cork Dangerfield Fair Ferguson Harris, J. Haskins Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Lewis Lockemy Martin, L. Mattos McEachin McGinnis McKay McTeer Pearce Phillips, L. Rhoad Rogers, J. Rudnick Sheheen Shelton Simpson Snow Toal White Wilder Wilkins
Those who voted in the negative are:
Aydlette Bailey, K. Barfield Blanding Bradley, J. Burriss, M.D. Carnell Davenport Derrick Elliott Faber Foster Foxworth Gregory Hawkins Hearn Holt Kirsh Mappus Martin, D. McAbee McLeod, E.B. McLeod, J.W. Moss Nesbitt Ogburn Pettigrew Petty Phillips, O. Rice Sharpe Stoddard Thrailkill Waldrop Washington Wells Whipper Williams Winstead
So, the motion to reconsider was tabled.
Rep. SHARPE moved to adjourn debate upon the following Joint Resolution, which was adopted.
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 Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
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.
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 DOGS ACCOMPANYING ANY HANDICAPPED PERSON.
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.
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.
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. 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.
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.
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.
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. WHITE moved to commit the Bill to the Committee on Judiciary.
Rep. AYDLETTE moved to table the motion, which was not agreed to by a division vote of 19 to 24.
The question then recurred to the motion to commit the Bill to the Committee on Judiciary, which was rejected by a division vote of 24 to 35.
Rep. AYDLETTE moved to adjourn debate upon the Bill until Tuesday, May 19, which was adopted.
Rep. HAWKINS moved to adjourn debate upon the following Bill until Tuesday, May 12, which was adopted.
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.
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.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 6, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. HAWKINS explained the amendment.
The amendment was adopted.
Rep. HAWKINS proposed the following Amendment No. 2 (Doc. No. 4547Y), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-87-10. As used in this chapter:
(1) 'Asbestos abatement entity' means any individual, partnership, firm, association, corporation, sole proprietorship, or other business concern as well as any governmental, religious, or social organization or union with one or more employees or members which performs asbestos removal or encapsulation.
(2) 'Asbestos project' means any activity involving the removal, encapsulation, enclosure, renovation, repair, demolition, or other disturbance of friable asbestos containing materials.
(3) 'Contractor' means any individual partnership, corporation, or other business concern that performs asbestos abatement for a building owner but that is not a permanent employee of the building owner.
(4) 'Department' means The South Carolina Department of Health and Environmental Control.
Section 44-87-20. Every asbestos abatement entity performing asbestos projects shall, before beginning work on any project, obtain an asbestos abatement license from the department. The license must be obtained for each project and the fee for the license is based on the square footage or linear footage of asbestos to be removed as follows:
(1) for projects, excluding minor projects, removing less than two hundred fifty square feet or linear feet of asbestos--twenty-five dollars;
(2) for projects removing between two hundred fifty and ten thousand square feet or linear feet of asbestos--ten cents for each square foot or linear foot;
(3) for projects removing more than ten thousand square feet or linear feet--one thousand dollars.
The department shall retain the fees imposed by this section.
The department may prescribe appropriate license application forms and may require attachment thereto documentation sufficient to verify that the appropriate fee is paid. The department may by regulation define a category of minor projects and prescribe special procedures and fees for licensing minor projects.
Section 44-87-30. Every contractor, supervisor, worker, air sampling professional, and consultant engaged in any asbestos project shall obtain an annual license from the department according to the following schedule:
(1) contractor--one hundred dollars;
(2) supervisor--fifty dollars;
(3) worker--ten dollars;
(4) air sampling professional--one hundred dollars;
(5) consultant--one hundred dollars.
Licenses are valid for one year from the date of issue. The department may prescribe license application forms and may require attachment thereto documentation sufficient to verify that the appropriate fee is paid.
Section 44-87-40. The department may promulgate and enforce regulations to implement this chapter and to prescribe standards of performance for asbestos removal operations and criteria for obtaining the licenses required by this chapter.
Section 44-87-50. In addition to any other penalties provided by law or regulation, any person violating the provisions of this chapter may be assessed a civil penalty by the department in an amount not exceeding one thousand dollars for each violation."/
Amend and title to conform.
Rep. HAWKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4534Y).
Amend the bill, as and if amended, by striking item (2) of Section 40-35-10 as contained in SECTION 1, beginning on page 1, and inserting:
/(2) (b) The term 'nursing 'Nursing home administrator' means a person who administers, manages, supervises, or is in general administrative charge of a nursing home whether such individual has an ownership interest in such home and whether his functions and duties are shared with one or more individuals has completed the requisite education and experience, is otherwise qualified, and has been issued a license by the board and is thereby eligible to administer, manage, supervise, or be in administrative charge of a nursing home./
Amend title to conform.
Rep. WHITE explained the amendment and the Bill.
Rep. HASKINS objected to the Bill.
Rep. WHITE moved to adjourn debate upon the Bill until Tuesday, May 12, which was adopted.
Rep. THRAILKILL moved to adjourn debate upon the following Bill until Tuesday, May 12, which was adopted.
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.
The following Bill was taken up.
S. 392 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 22, by The Committee on Agriculture and Natural Resources.
Rep. FOXWORTH explained the amendment.
Rep. HOLT spoke in favor of the amendment.
The amendment was then adopted.
Rep. HOLT proposed the following Amendment No. 2 (Doc. No. 4289Y).
Amend the bill, as and if amended, by striking Section 50-17-56, as contained in SECTION 1, and inserting:
/"Section 50-17-56. Red drum (channel bass), Scienops ocellatus, is a game fish. It is unlawful to take or attempt to take this species in the waters of this State, except by canepole, using hook and line, or rod and reel. It is unlawful to gig for red drum between December first and March first. It is unlawful for any person to have in possession any red drum while fishing or transporting any gill net, seine, or other commercial fishing equipment. Any red drum caught in the devices must be returned to the water immediately.
Bona fide mariculture operations may collect red drum with commercial fishing equipment or import the species for brood stock or culture purposes under special permit from the Marine Resources Division.
Any wholesale or retail seafood dealer or other business who imports red drum from another state or country where the taking and sale of the fish is lawful must have in possession a bill of sale or other proof of origin for each lot or shipment of the fish received before the fish may be sold. Red drum grown in mariculture operations may be sold in this State if the fish are properly marked and identified.
It is unlawful for any person to take or have in possession more than fifteen red drum in any one day. The possession limit does not apply to mariculture operations or to the sale of properly identified fish imported by seafood dealers as provided in this section. The species named in this section must be landed with the head and tail fins intact.
The penalty for convictions of violations of this section are as provided in Section 50-17-130, and each fish possessed, sold, offered for sale, purchased, or attempted to be purchased in violation of this section is a separate offense."/
Amend title to conform.
Rep. HOLT moved to adjourn debate upon the amendment, which was adopted.
Rep. HOLT proposed the following Amendment No. 3, which was adopted.
Amend as and if amended, Section 1, page 2 by striking "twenty" on line 7 and inserting "fifty".
Amend titles to conform.
Rep. HOLT explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 2 by Rep. HOLT.
Rep. HOLT moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. CHAMBLEE a leave of absence for the remainder of the day.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4059Y), which was adopted.
Amend the bill, as and if amended, in Section 55-3-60 of the 1976 Code, as contained in SECTION 1 by striking the last paragraph of Section 55-3-60 and inserting:
/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, unless the owner's or lessee's negligence contributed to the theft of the aircraft./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4349Y).
Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Section 3 of Article XVII of the Constitution of this State be amended to read:
"Section 3. Divorces from the bonds of matrimony shall be allowed on the grounds of adultery, desertion, physical cruelty, continuous separation for a period of at least one year, continuous separation because of incurable insanity for a period of one year, or habitual drunkenness."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 3 of Article XVII of this State be amended so as to add continuous separation because of incurable insanity for a period of one year as a ground for divorce?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. TOAL moved to adjourn debate upon the Joint Resolution, which was adopted.
The following Bill was taken up, read the second time, and ordered to a third reading:
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.
Rep. J.C. JOHNSON explained the Bill.
Rep. TOAL moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution, which was agreed to.
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.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Joint Resolution.
Rep. TOAL moved that the House recur to the morning hour, which was agreed to by a division vote of 56 to 7.
The following was introduced:
H. 3127 -- Reps. Snow, L. Phillips, Keyserling, T. Ferguson and J.C. Johnson: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA EDUCATIONAL RADIO NETWORK FOR PRESENTING A VARIED AND WELL-BALANCED SELECTION OF MANY DIFFERENT KINDS OF MUSIC TO ENTERTAIN A DIVERSE AND DISCRIMINATING AUDIENCE OF SOUTH CAROLINIANS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. L. MARTIN, with unanimous consent, the following was taken up for immediate consideration.
H. 3128 -- Reps. L. Martin, Edwards, O. Phillips, Carnell, Petty and Davenport: a CONCURRENT RESOLUTION AUTHORIZING THE CRAFTED WITH PRIDE FLAG TO BE FLOWN FROM THE FLAGSTAFF ON THE DOME OF THE STATE HOUSE DURING THE WEEK OF OCTOBER 18-25, 1987, WHICH IS REQUESTED TO BE PROCLAIMED BY GOVERNOR CARROLL A. CAMPBELL AS TEXTILE WEEK 1987.
Whereas, the textile industry in our State is the largest employer, largest taxpayer, and largest consumer of goods and services; and
Whereas, the Governor of this State has proclaimed a week each year since 1975 to honor this industry; and
Whereas, Textile Week 1987 will be October 18-25. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, authorize the Crafted With Pride Flag to be flown from the flagstaff on the dome of the State House during the week of October 18-25, 1987, which is requested to be proclaimed by Governor Carroll A. Campbell as Textile Week 1987.
Be it further resolved that a copy of this resolution be forwarded to Governor Campbell.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and ordered placed on the calendar without reference:
H. 3129 -- Reps. Keyserling, White and Cork: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BEAUFORT COUNTY BOARD OF EDUCATION MUST BE ELECTED BEGINNING IN 1988, INCLUDING THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE BOARD MUST BE ELECTED, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS SO ELECTED.
On motion of Rep. KEYSERLING, with unanimous consent, it was ordered that H. 3129 be read the second time tomorrow.
Rep. SHARPE moved to adjourn debate upon the following Joint Resolution, which was adopted.
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.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution.
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.
Debate was resumed on Amendment No. 1 by the Committee on Judiciary.
Rep. WILKINS explained the amendment.
Rep. RUDNICK spoke in favor of the amendment.
Rep. WILKINS moved to table the amendment, which has agreed to by a division vote of 43 to 14.
Rep. WILKINS moved to adjourn debate upon the Joint Resolution, which was adopted.
The following Joint Resolution was taken up.
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.
Rep. TOAL explained the Joint Resolution.
Reps. GREGORY, SIMPSON, LIMEHOUSE, HOLT, DAY, O. PHILLIPS, SHARPE, WASHINGTON and G. BAILEY objected to the Joint Resolution.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
Rep. TOAL explained the Bill.
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.
Rep. TOAL explained the Bill.
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.
Rep. TOAL explained the Joint Resolution.
The following Bill was taken up.
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.
Rep. TOAL explained the Bill.
Rep. BLACKWELL moved to adjourn debate upon the Bill until Tuesday, May 12, which was adopted.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4463Y), which was adopted.
Amend the bill, as and if amended, Section 43-5-235(a)(3), as contained in SECTION 1, page 2, line 8 from the bottom of the page, by inserting /Monies paid to the contracting entity pursuant to this section must not be used to replace operating funds for the county clerk of court's budget. after /earned./, so that when amended Section 43-5-235(a) reads:
/"(a) To the extent permitted by federal law, the department is authorized to enter into annual agreements with county governments, circuit solicitors, and the circuit court having jurisdiction in that county to reimburse the appropriate contracting entity for a portion of the cost of developing and implementing a child support collection and paternity determination program for:
(1) For securing support for persons receiving state public assistance and reimbursement of medical assistance from the legally responsible spouse or parent of such assistance recipients.;
(2) For establishing paternity of children born out of wedlock who are receiving aid to families with dependent children and to secure support for them.;
(3) In the case of any child or other person receiving aid to families with dependent children who is deserted or abandoned by a parent or spouse for securing support for such recipients of public aid and for such additional measures for the protection of the persons and families of persons receiving aid to families with dependent children, and the public which the department and the other contracting parties may find desirable to undertake cooperatively.
all children who 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 the extent permitted by federal law, a fiscal incentive shall must be paid to the department and provided to counties for collection and enforcement of absent parent support obligations. Such Notwithstanding existing county funding for the operation of child support functions the moneys shall monies must be paid to the contracting entity on a monthly basis and must be earmarked by the contracting entity for the exclusive use for all activities related to the establishment, collection, and enforcement of child support obligations for the fiscal year in which the payments are earned. Monies paid to the contracting entity pursuant to this section must not be used to replace operating funds for the county clerk of court's budget. Excess funds not utilized by the contracting entity for child support activities revert to the general fund of the county. Each local entity shall enter into a support enforcement agreement with the department as a condition to receiving the fiscal incentive. To the extent that fiscal incentives are paid to the department and are not owed under the agreement to the contracting entity, these fiscal incentives must be reinvested in the department's Child Support Enforcement Program to increase collections of support at the state and county levels in a manner consistent with the federal laws and regulations governing incentive payments;
(4) For enabling the State to increase the monthly amount of direct benefits to recipients of aid to families with dependent children."/
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SHARPE moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution, which was agreed to.
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.
Rep. SHARPE moved to reconsider the vote whereby the Joint Resolution was given a third reading, which was agreed to.
On motion of Rep. SHARPE, with unanimous consent, Rep. P. HARRIS proposed the following Amendment No. 1 (Doc. No. 4110Y), which was adopted.
Amend the resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The General Assembly directs the fund appropriated under Section 4 of Part I of Act 540 of 1986, 1986-87 General Appropriations Act, for commitments, admissions, and discharges to mental health facilities also may be expended under the provisions of Chapter 52 of Title 44 of the 1976 Code./
Amend title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
The Joint Resolution as amended, was read the third time and ordered returned to the Senate.
Rep. CORNING moved to reconsider the vote whereby the following Resolution was tabled.
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.
Rep. WINSTEAD moved to table the motion to reconsider.
Rep. FELDER demanded the yeas and nays, which were not ordered.
The House refused to table the motion to reconsider by a division vote of 44 to 47.
The question then recurred to the motion to reconsider, which was agreed to by a division vote of 45 to 44.
Rep. TOAL explained the Resolution.
Rep. J. BRADLEY moved to continue the Resolution.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Beasley Bradley, J. Bradley, P. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Cork Dangerfield Day Derrick Edwards Evatt Felder Ferguson Foxworth Gilbert Gregory Harris, J. Hawkins Hearn Hodges Holt Johnson, J.W. Jones Klapman Kohn Koon Lewis Limehouse Mappus Martin, D. McAbee McCain McLellan McLeod, J.W. Moss Ogburn Pearce Phillips, O. Rogers, J. Sharpe Short Simpson Sturkie Taylor Thrailkill Waldrop Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barfield Baxley Bennett Blanding Brown, G. Clyborne Cooper Davenport Elliott Faber Haskins Huff Johnson, J.C. Keyserling Kirsh Martin, L. McEachin McElveen McGinnis McLeod, E.B. McTeer Neilson Nesbitt Pettigrew Petty Phillips, L. Rogers, T. Rudnick Sheheen Shelton Snow Stoddard Toal Washington Wells Whipper White Wilder Williams
So, the Resolution was continued.
Rep. BARFIELD moved that the House do now adjourn.
Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Barfield Baxley Bennett Bradley, J. Bradley, P. Burriss, T.N. Carnell Cork Dangerfield Evatt Foxworth Gregory Holt Kohn Lewis McLeod, J.W. Rhoad Short Toal Waldrop Williams Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Beasley Blackwell Brown, G. Brown, H. Brown, R. Burriss, J.H. Clyborne Cooper Davenport Day Derrick Edwards Elliott Felder Harris, J. Haskins Hawkins Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Koon Limehouse Mappus Martin, D. Martin, L. Mattos McCain McEachin McGinnis McLellan McTeer Moss Neilson Nesbitt Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Sturkie Thrailkill Washington Wells Whipper White Wilder Wilkins
So, the House refused to adjourn.
Further proceedings were interrupted by expiration of time on the uncontested calendar.
Rep. TOAL moved that the House recur to the morning hour, which was not agreed to by a division vote of 8 to 29.
Rep. HASKINS withdrew his objection to S. 261.
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.
On motion of Rep. HASKINS, with unanimous consent, the following statement was printed in the Journal.
Today the following Bills were printed on the Calendar but were not placed on my desk or the desks of any other member I consulted.
H. 2556 H. 2862
H. 2927 H. 2966
S. 604 H. 2391
H. 2632 H. 2836
S. 321 S. 552
S. 135 H. 2715
H. 2908 H. 2929
H. 3009 S. 650
H. 2588 H. 2656
H. 2856 S. 535
H. 2270 H. 2750
H. 2916 H. 2963
S. 361 S. 671
H. 2593 H. 2672
S. 717 S. 368
S. 437
TERRY E. HASKINS
The following Joint Resolution was taken up.
H. 2550 -- Reps. McEachin, Keyserling and J.W. Johnson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY, AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Rep. J. BRADLEY moved to table the Joint Resolution.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, K. Barfield Baxley Bennett Blanding Bradley, J. Bradley, P. Brown, G. Davenport Day Derrick Felder Foster Foxworth Gregory Hawkins Holt Kirsh Klapman Kohn Mappus Martin, D. McLeod, E.B. Nesbitt Ogburn Pettigrew Phillips, O. Stoddard Thrailkill Waldrop Washington Whipper Williams Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Beasley Blackwell Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cooper Cork Corning Elliott Evatt Ferguson Harris, J. Haskins Hearn Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Keyserling Koon Lewis Limehouse Lockemy Martin, L. Mattos McCain McEachin McElveen McGinnis McTeer Moss Neilson Pearce Petty Phillips, L. Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Snow Sturkie Toal Wells White Wilder Wilkins
So, the House refused to table the Joint Resolution.
Rep. J. BRADLEY moved to continue the Joint Resolution.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Barfield Baxley Blanding Bradley, J. Bradley, P. Brown, G. Davenport Day Foster Foxworth Gregory Hawkins Holt Kirsh Klapman Mappus McGinnis McLeod, E.B. Nesbitt Ogburn Pettigrew Phillips, O. Stoddard Taylor Thrailkill Waldrop Wells Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Beasley Blackwell Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cooper Cork Corning Elliott Evatt Fair Harris, J. Haskins Hearn Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Koon Lewis Limehouse Lockemy Martin, L. Mattos McCain McEachin McElveen McTeer Moss Neilson Pearce Petty Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Snow Sturkie Toal White Wilder Wilkins
So, the House refused to continue the Joint Resolution.
Rep. J. BRADLEY moved that the House recur to the morning hour.
Rep. McEACHIN insisted upon the Special Orders of the day.
Rep. J. BRADLEY moved that the House adjourn.
Rep. HUFF 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. J. BRADLEY moved that the House recede until 12:00 Noon and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bennett Blackwell Blanding Bradley, J. Burriss, T.M. Carnell Cork Davenport Day Evatt Ferguson Foster Foxworth Gregory Hearn Holt Kirsh Kohn Mappus McGinnis McLeod, E.B. Nesbitt Ogburn Pettigrew Phillips, O. Stoddard Taylor Thrailkill Waldrop Wells Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Clyborne Cooper Corning Derrick Elliott Fair Gilbert Harris, J. Haskins Hawkins Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Koon Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McCain McEachin McElveen McLellan McTeer Moss Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Sturkie Toal Whipper White Wilder Wilkins Williams
So, the House refused to recede until 12:00 Noon.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3519Y), which was adopted.
Amend the resolution, as and if amended, by striking the question contained in SECTION 2 and inserting:
/"Shall Section 9, Article III, of the Constitution of this State be amended so as to provide for the annual session of the General Assembly convening on the second Tuesday of February of each year, provide for an organizational session for the Senate in those years in which the membership of the Senate is elected, and to delete obsolete language relating to earlier sessions of the General Assembly?/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McEACHIN explained the amendment.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
The Reading Clerk read the amendment.
The amendment was then adopted.
Rep. THRAILKILL proposed the following Amendment No. 2 (Doc. No. 4634Y), which was ruled out of order.
Amend the resolution, 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. 2 was out of order as it was not germane to the Resolution.
The SPEAKER stated that the amendment was out of order as it attempted to amend a statute via a Joint Resolution proposing a Constitutional amendment, not a Bill, therefore he sustained the Point of Order.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, K. Barfield Baxley Bennett Blackwell Blanding Bradley, J. Bradley, P. Brown, G. Burriss, J.H. Burriss, M.O. Burriss, T.M. Carnell Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Ferguson Foster Foxworth Gilbert Gregory Hearn Holt Kirsh Klapman Kohn Koon Lewis Mappus Martin, D. Mattos McGinnis McLeod, E.B. Nesbitt Pettigrew Phillips, O. Rhoad Short Simpson Stoddard Sturkie Taylor Thrailkill Toal Waldrop Washington Wells Williams Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Baker Beasley Brown, H. Brown, J. Brown, R. Faber Harris, J. Haskins Hawkins Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Limehouse Lockemy Martin, L. McCain McEachin McElveen McLellan McLeod, J.W. McTeer Moss Ogburn Pearce Petty Phillips, L. Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Snow Whipper Wilder Wilkins
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Resolution.
The Senate returned to the House with concurrence the following:
H. 3116 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE THE FAMILY OF THE LATE GEORGE JEFFCOAT FOR HIS MANY ACCOMPLISHMENTS IN FOOTBALL AND BASEBALL UPON HIS POSTHUMOUS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
H. 3117 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE BETTIS HERLONG FOR HIS MANY ACCOMPLISHMENTS AS A COACH AT BROOKLAND-CAYCE HIGH SCHOOL UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
H. 3118 -- Rep. Simpson: A CONCURRENT RESOLUTION CONGRATULATING BUD KELLEY OF PICKENS COUNTY UPON BEING CHOSEN AS THE RECIPIENT OF THE FIRST ANNUAL SMALL BUSINESSPERSON OF THE YEAR AWARD BY THE CLEMSON CHAMBER OF COMMERCE, AND WISHING HIM CONTINUED SUCCESS.
H. 3125 -- Reps. Davenport, Edwards, Ferguson, D.Hawkins, McGinnis, Petty and Wells: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO HANS WALKER, CHIEF OF THE CROFT VOLUNTEER FIRE DEPARTMENT IN SPARTANBURG COUNTY FOR HIS THIRTY-ONE YEARS OF DEDICATED AND UNSELFISH SERVICE TO THE CITIZENS OF THE CROFT COMMUNITY.
At 11:55 A.M. the House in accordance with the motion of Rep. J. BRADLEY adjourned to meet at 10:00 A.M. tomorrow.
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