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:
O Lord our God, always in reach of those who seek You and the Strength of all who follow You, we bow at this holy shrine of prayer to render our thanksgiving because You are wonderfully good to all of us. We know not what this day will bring, but of one thing we are certain: that You are always near to supply the help and support commensurate with our needs. So even when we face the rocks of temptation, the quicksands of cynicism, the danger of destiny, we would be unafraid because of Your power and strength to sustain us. Be with us in our silence and in our speech, in our haste and in our leisure, in companionship and in solitude, at the beginning of this day's session and at the end of it - crowning our every activity with Your "well done, thou good and faithful servant".
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 was received.
May 26, 1987
The Honorable Samuel R. Foster, Chairman
House Invitations Committee
520 Blatt Office Building
Columbia, S.C. 29201
Dear Mr. Foster:
Gene and Joyce Stoddard cordially invite members of the House and Senate, clerks and attached to the annual pool party at the Heart of Columbia Motel, Wednesday, June 3, 6:30 P.M.
I appreciate you conveying this to the membership of the House.
Sincerely,
Eugene C. Stoddard
On motion of Rep. FOSTER, with unanimous consent, the invitation was taken up for immediate consideration and accepted.
The following was received.
Columbia, S.C., May 27, 19*7
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. 718:
S. 718 -- Senators McConnell, Fielding and Branton: A BILL TO AMEND ACT 762 OF 1976, RELATING TO AUTHORIZING THE STATE COLLEGE BOARD OF TRUSTEES TO ISSUE SPECIAL OBLIGATION BONDS FOR THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND PERMIT THE PROCEEDS TO BE USED TO REFUND BONDS OR OTHER OBLIGATIONS ISSUED TO DEFRAY THE COSTS OF ACQUIRING FACILITIES IMPROVEMENTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 184
Received as information.
The following was received.
Columbia, S.C., May 27, 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. 720:
S. 720 -- Senators McConnell, Fielding and Branton: A BILL TO AMEND ACT 1281 of 1970, AS AMENDED, RELATING TO AUTHORIZING THE ISSUANCE OF STUDENT AND FACULTY HOUSING REVENUE BONDS OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND PERMIT THE ISSUANCE OF BONDS TO REFUND BONDS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 185
Received as information.
The Senate returned to the House with amendments the following:
H. 2639 -- Reps. Helmly, Day, H. Brown, Williams, Holt, Dangerfield, D. Martin, G. Bailey and Washington: A BILL TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE FOR ADDITIONAL POWERS; AND TO AMEND SECTION 58-31-80, RELATING TO THE PURPOSE AND OBLIGATIONS OF THE AUTHORITY, SO AS TO PROVIDE AN ADDITIONAL PURPOSE.
The 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.
Rep. HELMLY moved to reconsider the vote whereby the House concurred in the Senate amendments, which was agreed to.
Rep. HELMLY made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. HASKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 2920 -- Rep. Hawkins: A BILL TO AMEND SECTION 44-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN REGARD TO PUBLIC HEALTH, IN GENERAL, SO AS TO ASSURE THE DEPARTMENT ACCESS TO MEDICAL RECORDS, TUMOR REGISTRIES, AND SPECIAL DISEASE RECORD SYSTEMS OF PHYSICIANS, HOSPITALS, AND HEALTH FACILITIES IN THE DEPARTMENT'S INVESTIGATION OF EPIDEMIC AND ENDEMIC DISEASES.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 177 -- Senator Fielding: A BILL TO AMEND SECTION 44-73-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR BURIAL VAULTS, SO AS TO EXEMPT FROM THE DEPTH REQUIREMENTS VAULTS IN CEMETERIES IN AREAS WITH A WATER TABLE AT LEAST TWO FEET BELOW GROUND LEVEL AND NOT SUBJECT TO SURFACE WATER OR TIDAL FLOODING.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 638 -- General 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.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 590 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS MAKING IT UNLAWFUL TO TRAWL FOR SHRIMP DURING THE CLOSED SEASON NEAR CERTAIN BEACHES OF HUNTING ISLAND AND HILTON HEAD ISLAND, SO AS ALSO TO PROHIBIT TRAWLING WITHIN ONE-QUARTER MILE OF THE SHORES OF THE OCEAN BEACHES OF FRIPP ISLAND AND TO CHANGE THE REFERENCES TO THE LOCAL INSPECTOR OF THE DIVISION OF COMMERCIAL FISHERIES TO THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2866 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 39-57-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUSINESS OPPORTUNITY SALES ACT, SO AS TO REVISE THE DEFINITION OF "BUSINESS OPPORTUNITY" AND TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS DEFINITION.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2967 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-9-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF AN INSURANCE POLICY PRIOR TO THE EXPIRATION OF THE TERM STATED IN THE POLICY, SO AS TO PROVIDE THAT WHEN A POLICY IS CANCELLED A REFUND OF ALL PREMIUMS COLLECTED IN EXCESS OF ONE-HALF OF THE PREMIUM EARNED DURING THE TIME THE POLICY WAS IN FORCE MUST BE RETURNED TO THE INSURED AND PROVIDE THAT THIS SECTION DOES NOT RELIEVE THE INSURANCE CARRIER OF THE OBLIGATION OF PAYING ALL VALID CLAIMS OR LOSSES DURING THE PERIOD THE POLICY WAS IN FORCE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3032 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE I, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES BY ADDING SECTION 29-3-70 SO AS TO PROVIDE THAT A MORTGAGEE, WHEN MAKING A MORTGAGE LOAN MAY NOT REQUIRE, AS A CONDITION OR TERM OF THE MORTGAGE, THAT THE MORTGAGOR PURCHASE CASUALTY INSURANCE ON PROPERTY WHICH IS THE SUBJECT OF THE MORTGAGE IN AN AMOUNT IN EXCESS OF THE REPLACEMENT COST OF THE BUILDINGS OR APPURTENANCES ON THE MORTGAGED PREMISES.
Rep. DANGERFIELD moved to waive Rule 5.12, which was agreed to by a division vote of 72 to 1.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 489 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 31, PART II OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, RELATING TO INSURANCE COMPANY LICENSE FEES AND PREMIUM TAXES, SO AS TO REMOVE DIVIDENDS FROM THE COMPUTATION OF TOTAL PREMIUMS FOR PURPOSES OF THE PREMIUM TAX AND TO PROVIDE THAT RETALIATORY PROVISIONS APPLY TO A FOREIGN INSURER TRANSACTING BUSINESS IN THIS STATE REGARDLESS OF WHETHER A SIMILAR SOUTH CAROLINA INSURER IS LICENSED TO TRANSACT BUSINESS IN THE FOREIGN COMPANY'S STATE OF DOMICILE, TO PROVIDE THAT COMPARISONS OF TAXES AND OTHER OBLIGATIONS MUST BE BASED ON AN ITEM-BY-ITEM COMPARISON BETWEEN SOUTH CAROLINA TAXES AND OBLIGATIONS AND SIMILAR TAXES AND OBLIGATIONS OF THE FOREIGN INSURER'S STATE OF DOMICILE, AND TO PROVIDE THAT MUNICIPAL TAXES AND FEES MAY NOT BE CONSIDERED IN THE COMPARISONS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 587 -- Banking and Insurance Committee: A Bill TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-37-325 SO AS TO PROVIDE FOR THE PROMULGATION OR APPROVAL OF AUTOMOBILE INSURANCE CREDIT OR DISCOUNT PLANS BY THE CHIEF INSURANCE COMMISSIONER.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2154 -- Reps. McEachin, Gilbert, McKay and J.W. McLeod: A BILL TO AMEND SECTION 40-21-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO REVISE THE QUALIFICATIONS OF CERTAIN LAND SURVEYOR MEMBERS OF THE BOARD, AND TO AMEND SECTION 40-21-195, RELATING TO QUALIFICATIONS FOR LICENSING AS A TIER B LAND SURVEYOR, SO AS TO EXTEND FROM TWO TO FOUR YEARS THE PRACTICAL EXPERIENCE QUALIFICATION NECESSARY FOR LICENSURE.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2725 -- Reps. J.W. McLeod, Ogburn and R. Brown: A BILL TO AMEND SECTION 40-21-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO DEFINE RESIDENT REGISTERED ENGINEER, RESIDENT REGISTERED LAND SURVEYOR, BRANCH OFFICE, AND REGISTERED; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-21-405 SO AS TO PERMIT A REGISTERED ENGINEER AND REGISTERED LAND SURVEYOR TO MAINTAIN A PRINCIPAL PLACE OF BUSINESS AND BRANCH OFFICES AND TO PROVIDE REQUIREMENTS FOR THESE PLACES OF BUSINESS.
Ordered for consideration tomorrow.
Rep. LIMEHOUSE, from the Dorchester Delegation, submitted a favorable report, with amendments, on:
H. 2701 -- Rep. Limehouse: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE THAT DORCHESTER COUNTY SHALL HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE DORCHESTER COUNTY LEGISLATIVE DELEGATION, AND TO PROVIDE FOR THE TERM OF OFFICE OF THE DORCHESTER COUNTY REGISTER OF MESNE CONVEYANCES.
On motion of the Dorchester Delegation, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 2701 -- Rep. Limehouse: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE THAT DORCHESTER COUNTY SHALL HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE DORCHESTER COUNTY LEGISLATIVE DELEGATION, AND TO PROVIDE FOR THE TERM OF OFFICE OF THE DORCHESTER COUNTY REGISTER OF MESNE CONVEYANCES.
The Dorchester Delegation proposed the following Amendment No. 1 (Doc. No. 5550Y), which was adopted.
Amend the bill, as and if amended, Section 30-5-10, as contained in SECTION 1, by striking the last sentence and inserting:
/The register registers of mesne conveyances in Berkeley County is and Dorchester counties are elected for a term terms of four years and until his a successor is elected in the general election and qualifies./
Amend further by striking SECTIONS 2 and 3 and inserting:
/SECTION 2. The register of mesne conveyances in Dorchester County as provided in Section 1 of this act must be elected beginning in the general election of 1988.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DAY, with unanimous consent, it was ordered that H. 2701 be read the third time tomorrow.
The following was introduced:
H. 3200 -- Rep. Carnell: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES TO MRS. RUTH C. SANDERS OF GREENWOOD COUNTY, WHO TAUGHT IN THE PUBLIC SCHOOL SYSTEM OF THAT COUNTY FOR THIRTY-EIGHT YEARS, UPON THE OCCASION OF HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3201 -- Rep. Barfield: A CONCURRENT RESOLUTION TO CONGRATULATE NANCY L. McCORD, AN INSTRUCTOR IN ENGLISH WHO WAS SELECTED TEACHER OF THE YEAR AT CONWAY HIGH SCHOOL, HORRY COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3202 -- Reps. McCain, K. Bailey, Bennett and Felder- A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. THOMAS ELLIOTT WANNAMAKER OF ORANGEBURG, FOUNDER OF WANNAMAKER CHEMICAL COMPANY WHICH LATER BECAME ETHYL CORPORATION-ORANGEBURG, WHO DIED TUESDAY, MAY 26, 1987.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 821 -- Senators Lee, Horace C. Smith and Russell: A CONCURRENT RESOLUTION TO COMMEND THE REVEREND BILLY BURT BAGWELL FOR HIS THIRTY-SIX YEARS OF DEVOTED CHRISTIAN SERVICE AS PASTOR OF BETHANY BAPTIST CHURCH OF SPARTANBURG AND TO WISH HIM MANY YEARS OF GOOD HEALTH AND HAPPINESS ON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3209 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO RECOGNIZE MR. PETE J. STATHAKIS OF ANDERSON FOR HIS DEDICATION TO AND PERSONAL INTEREST IN ANDERSON COUNTY'S ECONOMIC DEVELOPMENT AND GROWTH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3210 -- Orangeburg Delegation: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S GOLF TEAM OF SOUTH CAROLINA STATE COLLEGE UPON BECOMING THE FIRST BLACK NATIONAL COLLEGIATE GOLF CHAMPIONS.
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. 3203 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO ADOPTION INVESTIGATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 838, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3204 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MENTAL HEALTH, RELATING TO QUALIFICATIONS FOR NONPHYSICIAN DESIGNATED EXAMINERS APPOINTED BY THE PROBATE COURTS IN COMMITMENT PROCEEDINGS FOR CHEMICALLY DEPENDENT PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 821, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3205 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE 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.
Without reference.
H. 3206 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS - AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 852, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3207 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO OFFICERS; MEETINGS; APPLICATIONS, FEES AND LICENSING BY EXAMINATION; REGISTRATION BY EXAMINATION; APPLICATION FOR REGISTRATION BY RECIPROCITY; CERTIFICATES; PRACTICE OF FIRMS, CORPORATIONS, PROFESSIONAL ASSOCIATIONS AND PARTNERSHIPS; REGISTRANT'S SEAL; REPRIMAND, SUSPENSION OR REVOCATION OF CERTIFICATES; AND MANNER OF DISCIPLINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 786, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3208 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE JOBS-ECONOMIC DEVELOPMENT AUTHORITY, RELATING TO LENDING PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 847, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 641 -- Senator Waddell: A BILL TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM FIVE TO FIFTEEN MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
Referred to Committee on Ways and Means.
S. 651 -- Senators Thomas E. Smith, Jr., Peeler, Bryan and Hayes: A BILL TO AMEND SECTION 44-23-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST FURNISHING A PATIENT OR PRISONER UNDER JURISDICTION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH WITH ANY MATTER DECLARED CONTRABAND, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR NEGLIGENTLY ALLOW A PATIENT OR PRISONER TO HAVE ACCESS TO ALCOHOLIC BEVERAGES, FIREARMS, DANGEROUS WEAPONS, OR CONTROLLED SUBSTANCES AS DEFINED IN SECTION 44-53-110.
Referred to Committee on Judiciary.
S. 774 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MENTAL HEALTH, RELATING TO QUALIFICATIONS FOR NONPHYSICIAN DESIGNATED EXAMINERS WHO WILL BE APPOINTED BY THE PROBATE COURTS IN COMMITMENT PROCEEDINGS FOR CHEMICALLY DEPENDENT PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 821, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. LOCKEMY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 775 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 810, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 776 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE 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.
On motion of Rep. LOCKEMY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 787 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO ADOPTION INVESTIGATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 838, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. LOCKEMY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 789 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO EXAMINATION FEE INCREASES, LICENSE TO PRACTICE DENTISTRY, LICENSE TO PRACTICE DENTAL HYGIENE, AND REGISTRATION AS A DENTAL TECHNICIAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 811, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military Public and Municipal Affairs.
S. 790 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID, DESIGNATED AS REGULATION DOCUMENT NUMBER 828, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. HELMLY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 805 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO THE MICROFILMING OF PUBLIC RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 839, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 806 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO SELECTION AND ASSIGNMENT OF BOXING REFEREES AND JUDGES AND WAIVER OF RULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 840, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. DANGERFIELD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3211 -- Reps. Altman and Snow: A BILL TO AMEND SECTION 7-7-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE THE VOTING PRECINCTS AND TO PROVIDE THAT VOTING PLACES MUST BE ESTABLISHED BY THE GEORGETOWN COUNTY ELECTION COMMISSION SUBJECT TO APPROVAL BY A MAJORITY OF THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION.
Without reference.
H. 3222 -- Reps. Blanding, Baxley, G. Brown, McElveen and E.B. McLeod: A BILL TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE THESE PRECINCTS, AND TO AMEND SECTION 7-7-502, AS AMENDED, RELATING TO THE VOTING PLACES IN SUMTER COUNTY, SO AS TO REVISE THESE VOTING PLACES.
Without reference.
On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 3211 be read the second time tomorrow.
On motion of Rep. BLANDING, with unanimous consent, it was ordered that H. 3222 be read the second time tomorrow.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on May 28, 1987.
John I. Rogers William H. Jones Thomas E. Huff Robert A. Kohn Lenoir Sturkie David M. Beasley Philip T. Bradley Larry Gentry Joseph McElveen
STATEMENT OF ATTENDANCE
Reps. BLANDING and K. BAILEY signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, May 27, 1987.
Announcement was made that Kenneth C. Owens of Aiken, is the Doctor of the Day for the General Assembly.
May 28, 1987
RE: S. 593
I was out of the Chamber at the time of passage of S. 593. I was in the Medical Station; however, had I been in the House Chamber, I would have voted in favor of the Bill.
Rep. JOHN W. TUCKER, JR.
Rep. HODGES moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 119 -- Senators Garrison and Giese: A Bill TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Klapman Koon Lewis Limehouse Mappus Martin, D. Martin, L. Mattos McCain McEachin McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Thrailkill Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. HODGES, STURKIE, and K. BAILEY to the Committee of Free Conference and a message was sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., May 21, 1987
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill do pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-11-700(C) of the 1976 Code is amended to read:
"(C)(1) Any person violating the provisions of this section shall be is guilty of a misdemeanor and upon conviction shall must be fined not less than ten one hundred dollars for more than two hundred dollars for each offense. In addition to any fine and for each offense under the provisions of this item, the court must also impose a minimum of five hours of litter-gathering labor or other such public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. and, notwithstanding any other provision of law, magistrates and municipal courts shall have jurisdiction to try violations of this section.
(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is two hundred dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4). in an area or facility not intended for public deposit of litter or garbage, provided, however, this shall not prohibit a private property owner from depositing litter or garbage as a property enhancement so long as the depositing does not violate applicable local or state health and safety regulations. In addition to any fine and for each offense under the provisions of this item the court shall also impose or other such public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.
(3) The court, in lieu of any monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor, or other such public service as the court may order because of physical or other incapacities, under the supervision of the court, not to exceed one hour for each five dollars of fine imposed.
(4) For a second conviction under the provisions of items (1) or (2) of this subsection, a minimum of twenty hours of community service must be imposed in addition to any fine.
(5) In addition to any other punishment authorized by this section, in the sound discretion of any court in which conviction is obtained such the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that such the person has deposited litter, any or all litter deposited thereon on the place or property by anyone prior to before the date of execution of sentence.
(6) Notwithstanding any other provision of law, magistrates and municipal courts have jurisdiction to try violations of this section."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Ryan C. Shealy /s/C. Lenoir Sturkie /s/John W. Matthews, Jr. /s/Kenneth E. Bailey /s/Thomas H. Pope, III /s/James H. Hodges On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 2639 -- Reps. Helmly, Day, H. Brown, Williams, Holt, Dangerfield, D. Martin, G. Bailey and Washington: A BILL TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE FOR ADDITIONAL POWERS; AND TO AMEND SECTION 58-31-80, RELATING TO THE PURPOSE AND OBLIGATIONS OF THE AUTHORITY, SO AS TO PROVIDE AU ADDITIONAL PURPOSE.
Rep. HELMLY moved to waive Rule 5.14 on the Bill, which was agreed to by a division vote of 71 to 0.
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.
Rep. HAYES moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
S. 655 -- Senator Hayes: A BILL TO ESTABLISH THE LAKE WYLIE MARINE COMMISSION.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3150 -- Rep. Gregory: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1988, INCLUDING THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS SO ELECTED.
H. 3184 -- Rep. Felder: A JOINT RESOLUTION TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY FOR SCHOOL YEAR 1987-88.
H. 2962 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING REQUIREMENTS WHEN A CHILD'S PHYSICAL OR MENTAL HEALTH OR WELFARE HAS BEEN OR MAY BE ADVERSELY AFFECTED BY ABUSE OR NEGLECT, SO AS TO DELETE THE PROVISION ALLOWING THE PERSON WHO REPORTS PURSUANT TO THIS SECTION TO CAUSE A REPORT TO BE MADE.
H. 3068 -- Rep. Hayes: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF A CHILD INTO EMERGENCY PROTECTIVE CUSTODY BY A LOCAL CHILD PROTECTIVE SERVICE AGENCY, SO AS TO REVISE THE TIME WITHIN WHICH A PRETRIAL HEARING THEREON MUST BE HELD AND TO PROVIDE THAT AT THE PRETRIAL HEARING THE RESPONDENTS SHALL HAVE THE RIGHT TO CROSS-EXAMINE THE AGENCY'S WITNESSES AS TO ANY FACTS WHICH ARE ALLEGED TO FORM THE BASIS OF THE REMOVAL, BUT ARE ONLY ALLOWED TO SUBMIT EVIDENCE AND OFFER TESTIMONY AS TO WHETHER THE CHILD CAN BE ADEQUATELY PROTECTED WHILE REMAINING IN THE HOME.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 389 -- Senator McGill: A BILL TO AUTHORIZE THE WILLIAMSBURG COUNTY SCHOOL DISTRICT TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS.
S. 710 -- Senators Lourie, J. Verne Smith, Courson, Branton, Macaulay, Mitchell, Bryan, Wilson, Setzler, Giese, Nell W. Smith and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2946 SO AS TO REQUIRE INVESTIGATION BY LOCAL LAW ENFORCEMENT AGENCIES, THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, AND THE ALCOHOLIC BEVERAGE CONTROL COMMISSION OF TRAFFIC-RELATED DEATHS OF PERSONS UNDER THE AGE OF TWENTY-ONE WHERE USE OF ALCOHOLIC BEVERAGES IS SUSPECTED TO BE A CAUSE.
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.
The following Joint Resolution was taken up.
H. 3174 -- Reps. T.M. Burriss, Corning, Hearn, Toal, M.D. Burriss, McBride, Faber, J. Brown and T. Rogers: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CANCEL ITS MORATORIUM ON THE INSTALLATION OF SEWER LINES IN THE EAST RICHLAND COUNTY PUBLIC SERVICE DISTRICT.
Rep. T.M. BURRISS moved to continue the Joint Resolution, which was agreed to.
The following Bill was taken up.
H. 3196 -- Rep. G. Bailey: A BILL TO AMEND ACT 536 OF 1986, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO ESTABLISH FIVE EQUALLY APPORTIONED SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH FIVE MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 MUST BE ELECTED IN 1988.
The Dorchester County Delegation proposed the following Amendment No. 1 (Doc. No. 5544Y), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2, page 3, and inserting:
/SECTION 2. Section 1 of Act 1627 of 1972 is amended to read:
"Section 1. There is hereby created in Dorchester County the Dorchester Vocational Education Board of Trustees, which shall be is a body politic and corporate, and which shall consist consists of seven members as follows: one member of the board shall must be appointed from each of the three two school districts in Dorchester County by a majority of the board of trustees of the each district, and four five members shall must be appointed by a majority of the Dorchester County Legislative Delegation. All members shall serve for a term of three years and until their successors are appointed and qualify, except that of those initially appointed, the members appointed by the school districts shall serve for terms of two years and until their successors are appointed and qualify. Vacancies on the board of trustees shall must be filled in the manner of the original appointment for the unexpired portion of the term only."
SECTION 3. The Board of Education of Dorchester County is abolished, and the duties and responsibilities of the board are devolved upon the elected board of trustees of the respective school districts in Dorchester County.
SECTION 4. This act takes effect upon approval by the Governor, except for the section abolishing the Board of Education of Dorchester County which takes effect October 31, 1988./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3197 -- Reps. Barfield and Thrailkill: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 123 OF 1985, BOTH AS AMENDED, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE THAT HORRY COUNTY SHALL HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE HORRY COUNTY GOVERNING BODY.
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.
Rep. HODGES explained the Bill.
On motion of Rep. BARFIELD, with unanimous consent, it was ordered that H. 2670 be read the third time tomorrow.
Rep. LOCKEMY moved to adjourn debate upon the following Joint Resolution for 20 minutes, which was adopted.
H. 3199 -- Reps. J.W.- McLeod and Lockemy: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1987, AND ENDING JUNE 30, 1988.
Rep. FOXWORTH moved to adjourn debate upon the following Bill, which was adopted.
S. 543 -- Fish, Game and Forestry Committee: a BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-1050 SO AS TO PROVIDE FOR THE PROHIBITION OF THE USE OF VARIOUS NETS AND SEINES IN THE WATERS OF THE STATE; TO AMEND SECTIONS 50-17-1050 AND 50-17-1055, RELATING TO DISTANCE BETWEEN NETS OR SEINES AND PUBLIC FISHING PIERS AND MANMADE JETTIES AND BETWEEN OTHER NETS AND SEINES, SO AS TO ELIMINATE REFERENCES TO GILL NETS; AND TO REPEAL SECTIONS 50-13-715, 50-17-1035, 50-17-1040, 50-17-1061, AND 50-17-1066, RELATING TO GILL NETS, ANCHOR NETS, OR SEINES.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 157 -- Senators Williams and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-15 SO AS TO PROVIDE FOR ASSESSMENT OF ATTORNEY FEES AND INTEREST AGAINST PERSONS LIABLE FOR CLAIMS FOR PAYMENT FOR PERMANENT IMPROVEMENT TO REAL ESTATE WHO DO NOT INVESTIGATE THE MERITS OF A CLAIM AND PAY IT WITHIN FORTY-FIVE DAYS OF DEMAND IF IT IS DETERMINED TO BE VALID.
The following Bill was taken up.
H. 2959 -- Rep. Pearce: A BILL TO AMEND SECTIONS 46-41-210 THROUGH 46-41-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE DEALERS AND HANDLERS GUARANTY FUND, ASSESSMENT ON GRAIN, AND THE REQUIREMENT FOR THE STATE TREASURER TO ADMINISTER THE FUND, AND ESTABLISH THE PROPOSED AMOUNT AND CLAIMS RELATED TO THE FUND, SO AS TO REDEFINE THE TERMS "FAIR MARKET VALUE" AND "DATE OF LOSS", INCREASE THE ASSESSMENT AND REQUIRE THE GRAIN DEALER TO BE RESPONSIBLE FOR PAYING THE INCREASE, NOT REQUIRE THE COLLECTION OF THE ASSESSMENT AT THE THREE MILLION DOLLAR LEVEL, PROVIDE PROTECTION FOR OTHERS SELLING GRAIN IN ADDITION TO THE PRODUCERS, DISALLOW PAYMENT OF BAD CHECKS THAT ARE HELD MORE THAN THIRTY DAYS, AND DELETE THE PAYOUT SCHEDULE AND REQUIRE CLAIMS TO BE PAID ON A FIRST COME FIRST SERVE BASIS: AND TO REPEAL SECTION 46-41-250, RELATING TO THE PROVISIONS FOR WAIVER OF PARTICIPATION IN THE FUND.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 4285Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Sections 46-41-210 through 46-41-240 of the 1976 Code are amended to read:
"Section 46-41-210. As used in this article:
(1) 'Department' means the South Carolina Department of Agriculture.
(2) ' Full Fair market value' means the value required by law to be used by insurance underwriters in paying for losses of commodities insured for their actual cash value based on the average market price being paid to producers on a specified date by the three licensed grain dealers nearest the grain dealer involved in the loss.
(3) 'Grain' means any feed grains or oil seeds, except cotton seeds.
(4) 'Grain dealer' means any person engaged in this State in buying, receiving, selling, exchanging, negotiating, processing for resale, or soliciting the sale, resale, exchange, or transfer of grain purchased from the producer or his agent or representative or received to be handled on a net return basis from the producer.
(5) 'Loss' means any monetary loss over and beyond the amount protected by the dealer's bond to a producer as a result of doing business with a dealer which shall include, includes but is not be limited to, bankruptcy, embezzlement, or fraud.
(6) 'Producer' means any producer of grain.
(7) 'Date of loss' means the date the grain dealer filed a petition for bankruptcy; or, if bankruptcy is not declared, the date a check was returned for insufficient funds, or the date otherwise determined by the department.
Section 46-41-220. An assessment of one cent per a bushel must be imposed on all soybeans and one-half cent per a bushel on all other grain delivered by producers to grain dealers licensed under this chapter. other than grain for which a producer has received payment in currency or cashier's check on delivery, or received a state warehouse receipt issued in the producer's name or that of his designee. The assessment must be collected by the grain dealer may collect up to, but not exceeding, one cent a bushel of soybeans and one-half cent a bushel of other grains from the producer and must at the time of settlement with the producer. The assessment must be reported and remitted to the Department by the grain dealer as of the month in which the grain was delivered to the grain dealer, except as provided by Section 46-41-240. The Department shall remit the assessment to the State Treasurer to be credited to the fund.
If grain is held by a grain dealer for more than one year or if a contract on grain is not fulfilled within one year a further assessment equal to the first must be paid.
Section 46-41-230. The State Treasurer shall administer the investment of the fund. The Department shall administer the collection of assessments, investigate losses for which payment is requested, and request that payment for verified losses be made by the State Treasurer to the producer person incurring such a loss. The fund shall must be established for the benefit of producers who have delivered grain to grain dealers licensed under this chapter and shall compensate producers for losses relative to grain delivered to a grain dealer licensed under this chapter for which no assessment refund has been requested, except losses covered by the grain dealer's surety bond. When the fund reaches six million dollars the assessment shall cease ceases. If the six million dollars is attained prior to the end of a harvest season, the assessment shall continue continues until the end of that season. The assessment shall must be reinstituted as necessary to maintain a balance of six million dollars in the fund. The first one hundred thousand dollars collected in assessment shall must be paid into the general fund of the State. Any of such these funds not appropriated for the employment of additional auditors for the Warehouse and Dealers and Handlers Division of the Department of Agriculture shall must be returned to the fund. All income, interest, or otherwise, derived from this fund shall must be reinvested in such the fund.
It is further provided that the fund is for the benefit of all other individuals, partnerships, or corporations, residing in this State, that have incurred a loss relative to grain delivered to a grain dealer licensed under this chapter, if the individual, partnership, or corporation produces sufficient evidence that the assessment on the grain involved in the transaction was remitted to the Department prior to filing the claim with the Department.
When a loss is incurred by a grain producer for grain which has been delivered to a grain dealer licensed under this chapter, the, producer claimant shall within sixty ninety days present his claim, which shall must be under oath, to the Department on a form supplied by it the Department. To verify his claim, the producer claimant shall present a contract and any additional evidence of loss the Department may deem considers necessary. The price per for each bushel of grain shall must be established on the day of the loss and shall must be for the full fair market value on that day at the location of loss. The price for each bushel may not be higher than the contract price, if a price has been established. All persons filing claims under this section are bound by the value determined by the Department.
Claim payments from the fund shall be requested by the Department based on the following schedule:
(a) If the fund contains between five hundred thousand dollars and one million five hundred thousand dollars, the Department shall, within thirty days of the claim, upon verification of loss, request payment of twenty-five percent of such loss;
(b) If the fund contains between one million five hundred thousand dollars and three million dollars, the Department shall, within thirty days, upon verification of less, request payment of fifty percent of such less;
(c) If the fund contains between three million dollars and four million five hundred thousand dollars, the Department shall, within thirty days, upon variation of less, request payment of seventy-five percent o such less;
(d) If the fund contains between four million five hundred thousand dollars and six million dollars, the Department shall, within thirty days, upon verification of less, request payment of one hundred percent of such less.
The Commissioner shall be authorized to reduce the above payments of claims if, in his discretion, he believes that such payments would jeopardize the fund.
All claims payments not fully paid as set out hereinabove shall be requested by the Department on February first following the date of the claim.
The Department shall, within thirty days from verification of loss, request payment of one hundred Percent of the approved claim. At no time shall may the fund be reduced to less than five hundred thousand dollars.
If there is an insufficient amount of money in the fund to cover all claims for a certain year, payments shall must be made on a pro rata basis up to one hundred percent of the total loss of each producer. If payment is not received in the amount of one hundred percent of total loss for a certain year, then such additional amounts shall must be paid as funds become available in succeeding years until payment of one hundred percent of total loss is attained. If at any time a producer receives payment for more than one hundred percent of total loss, such excess shall immediately be returned to the fund. Claims against the fund must be paid in the order in which they have been verified and approved.
Upon approval of his claim by the Department, the producer claimant shall subrogate his interest, if any, to the State Treasurer Department in a cause of action against any and all parties. An independent law firm may be hired and paid by the fund for the purpose of collecting losses subrogated to the Department. Payments shall start when the fund exceeds five one hundred thousand dollars."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
Agriculture and Natural Resources Committee proposed the following Amendment No. 2, which was adopted:
The 1976 Code of Laws, is amended, by striking Section 46-41-250.
Amend the titles to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
Rep. CHAMBLEE proposed the following Amendment No. 3 (Doc. No. 5219Y), which was tabled.
Amend the report of the Committee on Agriculture and Natural Resources, as and if amended, by striking 46-41-210(3) as contained in SECTION 1 and inserting:
/(3) 'Grain' means any feed grains or oil seeds, except cotton seeds, including grains produced under contract for seed purposes
Amend further, Section 46-41-230 as contained in SECTION 1, page 2959-5, line 9, by striking /five/ and inserting / five one/.
Amend further, Section 46-41-230 as contained in SECTION 1, page 2959-5, by striking the paragraph which begins on line 10 and inserting:
/If there is an insufficient amount of money in the fund to cover all claims for a certain year relating to a specific company, payments shall must be made on a pro rata basis up to one hundred percent of the total loss of each producer. If payment is not received in the amount of one hundred percent of total loss for a certain year, then such additional amounts shall must be paid as funds become available in succeeding years until payment of one hundred percent of total loss is attained. If at any time a producer receives payment for more than one hundred percent of total loss, such excess shall must be immediately be returned to the fund./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CHAMBLEE explained the amendment.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. FOXWORTH moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
S. 543 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-115 SO AS TO PROVIDE FOR THE PROHIBITION OF THE USE OF VARIOUS NETS AND SEINES IN THE WATERS OF THE STATE; TO AMEND SECTIONS 50-17-1050 AND 50-17-1055, RELATING TO DISTANCE BETWEEN NETS OR SEINES AND PUBLIC FISHING PIERS AND MANMADE JETTIES AND BETWEEN OTHER NETS AND SEINES, SO AS TO ELIMINATE REFERENCES TO GILL NETS; AND TO REPEAL SECTIONS 50-13-715, 50-17-1035, 50-17-1040, 50-17-1061, AND 50-17-1066, RELATING TO GILL NETS, ANCHOR NETS, OR SEINES.
Rep. FOXWORTH explained the Bill.
The Bill as amended, was read the third time and ordered returned to the Senate.
The following Bill was taken up.
S. 398 -- Senator Hayes: A BILL TO AMEND SECTION 16-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION, SO AS TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO AMEND SECTION 56-7-10, RELATING TO THE UNIFORM TRAFFIC TICKET AND THE OFFENSES CHARGED THROUGH USE OF THIS TICKET, SO AS TO ADD A VIOLATION OF SECTION 16-11-760 TO THE LIST OF THESE OFFENSES.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 26, by the Committee on Judiciary.
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. 530 -- Judiciary Committee: A BILL TO AMEND ACT 539 OF 1986, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO MAKE CERTAIN TECHNICAL AND SUBSTANTIVE CHANGES IN THE PROBATE CODE RELATING TO JURISDICTION, DEFINITIONS, ELECTIVE SHARE PROVISIONS, PROBATE PROCEEDINGS AND ADMINISTRATION, DISTRIBUTIONS AND DEVISES, SALE OF REAL ESTATE, PROTECTION OF FINANCIAL INSTITUTIONS, OTHER PROCEDURAL MATTERS, AND EFFECTIVE DATE, RECONCILIATION, AND TRANSITION PROVISIONS, TO AMEND SECTION 14-23-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FURNISHING OF DESCRIPTIONS OF LANDS TO THE PROBATE COURT WHERE THE WILL OMITS THE DESCRIPTION, SO AS TO PROVIDE THAT THIS DESCRIPTION MUST BE FURNISHED TO THE PROBATE COURT OF EVERY COUNTY WHERE THE DECEDENT OWNED REAL ESTATE, TO AMEND SECTION 20-1-50, RELATING TO LEGITIMACY OF CHILDREN OF MARRIAGES AFTER THE ABSENCE OF A SPOUSE FOR A PERIOD OF SEVEN YEARS, SO AS TO REDUCE THIS TIME TO FIVE YEARS, TO AMEND SECTIONS 20-7-1770, AND 20-7-1820, BOTH AS AMENDED, AND 20-7-1825, RELATING TO ADOPTIONS SO AS TO REVISE AND FURTHER PROVIDE FOR THESE ADOPTION PROVISIONS, TO AMEND SECTION 30-9-60, RELATING TO THE INDEXING OF PASSAGE OF TITLE TO REAL PROPERTY BY WILL OR INHERITANCE, SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION TO "PERSONAL REPRESENTATIVE" AND TO DELETE OTHER REFERENCES, AND TO REPEAL SECTIONS 12-15-1360, 12-15-1370, 12-15-1620, 12-15-1630, 12-15-1640 AND 12-15-1650, RELATING TO CERTAIN ESTATE AND ESTATE TAX PROVISIONS.
Rep. WILKINS 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. 251 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 7 OF TITLE 44 SO AS TO ENACT THE "NURSING HOME LICENSING ACT OF 1987"; TO AMEND SECTION 44-7-130, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO SUBSTITUTE NURSING HOMES FOR NURSING CARE AND INTERMEDIATE FACILITIES WITHIN THE DEFINITIONS OF "HOSPITAL" AND "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-320, RELATING TO THE FRANCHISING APPLICATION REQUIRED BY A HEALTH CARE FACILITY, SO AS TO PROVIDE THAT IF A CERTIFICATE OF NEED HAS BEEN ISSUED WITH SPECIAL CONDITIONS OR RESTRICTIONS ATTACHED, THE DEPARTMENT MAY REMOVE THESE CONDITIONS OR RESTRICTIONS WITHOUT REQUIRING A NEW FRANCHISING APPLICATION.
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. 252 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-150 SO AS TO REQUIRE THE COMMISSION ON AGING, WITH THE COOPERATION OF THE LONG TERM CARE COUNCIL AND THE DEPARTMENT OF INSURANCE, TO DEVELOP AND IMPLEMENT A PROGRAM TO EDUCATE CITIZENS CONCERNING THE AVAILABILITY OF LONG TERM CARE SERVICES, THE LIFETIME RISK OF SPENDING TIME IN A NURSING HOME, AND THE COVERAGE AVAILABLE FOR LONG TERM CARE SERVICES THROUGH MEDICARE, MEDICAID, AND PRIVATE INSURANCE POLICIES, AND THE LIMITATIONS OF THIS COVERAGE, AND THE AVAILABILITY OF HOME EQUITY CONVERSION ALTERNATIVES; TO REQUIRE THE COMMISSION ON AGING TO STUDY THE COSTS AND BENEFITS OF ESTABLISHING A STATEWIDE COMPUTER-BASED VOLUNTEER SERVICES CREDIT PROGRAM, AND TO MAKE A REPORT TO THE GENERAL ASSEMBLY REGARDING THIS STUDY BY JULY 1, 1987; TO AMEND THE 1976 CODE BY ADDING SECTION 38-3-320 SO AS TO REQUIRE THE DEPARTMENT OF INSURANCE, WITH THE COOPERATION OF THE LONG TERM CARE COUNCIL, TO ASSIST INSURANCE COMPANIES IN OBTAINING DATA FROM STATE AGENCIES, TO HELP THOSE COMPANIES DEVELOP PRICING STRUCTURES FOR LONG TERM CARE INSURANCE POLICIES, REVIEW ITS REGULATIONS TO IDENTIFY THOSE WHICH DISCOURAGE MARKETING OF LONG TERM CARE INSURANCE POLICIES IN THIS STATE, AND ENSURE THAT PURCHASERS OF LONG TERM CARE INSURANCE POLICIES ARE ADEQUATELY INFORMED CONCERNING POLICY LIMITATION AND EXCLUSIONS; AND TO REQUIRE THE COMMISSION ON CONSUMER AFFAIRS, WITH THE COOPERATION OF THE DEPARTMENT OF INSURANCE, TO STUDY THE DEVELOPMENT OF LIFE CARE COMMUNITIES IN THIS STATE AND REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1987.
Rep. MOSS explained the Bill.
Rep. THRAILKILL 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. 253 -- Senator Leatherman: A BILL TO AMEND CHAPTER 21 OF TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION OU AGING, BY ADDING SECTIONS 43-21-130 AND 43-21-140 SO AS TO CREATE THE LONG TERM CARE COUNCIL AND PROVIDE FOR ITS COMPOSITION, DUTIES, AND RESPONSIBILITIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 5496Y).
Amend the bill, as and if amended, in the second paragraph of Section 43-21-130 of the 1976 Code, as contained in SECTION 1, page 2, line 3, by striking /and/ and inserting /,/; and on line 4 by inserting after /consumers/ /, and one representative of the insurance industry who is developing or marketing a long term care product/ so that when amended the second paragraph of Section 43-21-130 shall read:
/The Chairman of the Joint Legislative Health Care Planning and Oversight Committee and the Chairman of the Joint Legislative Committee to Study Public and Private Services, Programs and Facilities for the Aging, or their designees, shall serve as nonvoting, ex-officio members of the council. One representative of long term care providers, one representative of long term care consumers, and one representative of the insurance industry who is developing or marketing a long term care product must be appointed annually by the Governor to serve as nonvoting, ex-officio members of the council. Members appointed by the Governor to represent private groups shall serve without compensations./
Amend title to conform.
Rep. MOSS explained the amendment.
Rep. THRAILKILL 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. 3036 -- Rep. Fair: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS FOR CERTAIN PERSONS WHO DO NOT DRIVE, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICANT NOT POSSESS A LICENSE TO OPERATE A MOTOR VEHICLE.
Rep. FAIR moved to waive Rule 5.12, which was agreed to by a division vote of 85 to 0.
Rep. FAIR explained the Bill.
Reps. MAPPUS, FOXWORTH and FELDER objected to the Bill.
The following Joint Resolution was taken up.
H. 3199 -- Reps. J.W. McLeod and Lockemy- A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1987, AND ENDING JUNE 30, 1988.
Rep. LOCKEMY proposed the following Amendment No. 1, which was adopted.
Amend as and if amended.
Adding on line 23, page 1 to replace "71" the number 72 1/2.
And on line 26, page 1 to replace "13.5" the number 14.5.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3199 be read the third time tomorrow.
Rep. KLAPMAN withdrew his objection to H. 2593 however, other objections remained upon the Bill.
Upon the withdrawal of an objection by Rep. LEWIS 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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 7, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. WHITE explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. WHITE having the floor.
Rep. HOLT withdrew his objection to H. 2850 however, other objections remained upon the Bill.
Rep. HASKINS withdrew his objection to S. 593.
Rep. MAPPUS withdrew his objection to H. 3036.
Reps. CORNING and KLAPMAN withdrew their objections to S. 424.
The SPEAKER granted Rep. EDWARDS a leave of absence for the day due to a business meeting.
The following was introduced:
H. 3212 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2361, RELATING TO THE USE OF TINTED GLASS IN MOTOR VEHICLES, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION ON MAY 26, 1987, IMMEDIATELY FOLLOWING THE CALL OF CONCURRENT RESOLUTIONS AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2361 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2361 be set by special order for second and third reading or other consideration on May 26, 1987, immediately following the call of Concurrent Resolutions and continuing each legislative day thereafter immediately following the call of Concurrent Resolutions until H. 2361 is given second and third reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
Rep. LEWIS moved to adjourn debate upon the Resolution.
Rep. RUDNICK moved to table the motion, which was agreed to by a division vote of 76 to 7.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 3213 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2837, RELATING TO SHAD FISHING ON THE SANTEE RIVER, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING DISPOSITION OF H. 2361 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2837 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2837 be set by special order for second and third reading or other consideration immediately following disposition of H. 2361 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 2837 is given second and third reading or it is otherwise disposed of.
Rep. FAIR moved to adjourn debate upon the Resolution.
Rep. BARFIELD moved to table the motion, which was not agreed to by a division vote of 28 to 47.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following was introduced:
H. 3214 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2450, RELATING TO LICENSING OF SOCIAL WORKERS, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING DISPOSITION OF H. 2361 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2450 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2450 be set by special order for second and third reading or other consideration immediately following disposition of H. 2361 and continuing each legislative day thereafter immediately following the call of Concurrent Resolutions until H. 2450 is given second and third reading or it is otherwise disposed of.
Rep. AYDLETTE moved to adjourn debate upon the Resolution.
Rep. LOCKEMY moved to table the motion to adjourn debate, which was agreed to by a division vote of 41 to 33.
Rep. WASHINGTON moved to table the Resolution, which was not agreed to by a division vote of 16 to 70.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 3215 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2862, RELATING TO SHERIFF'S QUALIFICATIONS, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING DISPOSITION OF H. 2450 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2862 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2862 be set by special order for second and third reading or other consideration immediately following disposition of H. 2450 and continuing each legislative day thereafter immediately following the call of Concurrent Resolutions until H. 2862 is given second and third reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
Rep. GREGORY moved to table the Resolution, which was not agreed to by a division vote of 14 to 60.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 3216 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2549, RELATING TO THE ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING DISPOSITION OF H. 2862 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2549 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2549 be set by special order for second and third reading or other consideration immediately following disposition of H. 2862 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 2549 is given second and third reading or it is otherwise disposed of.
Rep. McEACHIN moved to adjourn debate upon the Resolution until January 12, 1988.
Rep. WINSTEAD moved to table the motion which was not agreed to by a division vote of 29 to 46.
Rep. FELDER raised the Point of Order that the motion to adjourn debate on the Special Order Resolution was out of order as it would circumvent the Rule requiring that the Rules Committee meet prior to a Bill being set for Special Order.
The SPEAKER stated that the Rules Committee had met, and it was proper to adjourn debate on the Resolution, therefore he overruled the Point of Order.
The question then recurred to the motion to adjourn debate on the Resolution until Tuesday, January 12, 1988, which was agreed to by a division vote of 57 to 17.
The following was introduced:
H. 3217 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 424, RELATING TO THE PROMULGATION OF REGULATIONS BY THE CHIEF INSURANCE COMMISSIONER FOR SECOND AND THIRD READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND AND THIRD READING OR OTHER DISPOSITION OF H. 2862 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 424 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 424 be set by special order for second and third reading or other consideration immediately following second and third reading or other disposition of H. 2862 and continuing each legislative day thereafter immediately following the call of Concurrent Resolutions until S. 424 is given second and third reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
The Resolution was then adopted.
The following was introduced:
H. 3218 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 25, RELATING TO IMPLIED CONSENT, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND AND THIRD READING OR OTHER DISPOSITION OF S. 424 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 25 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 25 be set by special order for second and third reading or other consideration immediately following second and third reading or other disposition of S. 424 and continuing each legislative day thereafter immediately following the call of Concurrent Resolutions until S. 25 is given second and third reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
Rep. AYDLETTE asked unanimous consent to amend H. 3218 at the desk.
Rep. GREGORY raised the Point of Order that the unanimous consent request setting a Bill for Special Order ahead of those already voted on was out of order as a Bill can be set for Special Order only by Rules Committee Resolution.
The SPEAKER stated that the request would amend the Resolution before the House by changing the time that the Bill would be considered in Special Order status, which was permissible, and he overruled the Point of Order.
Rep. GREGORY then objected to the unanimous consent request.
Rep. TAYLOR 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:
Blanding Brown, J. Faber McLeod, E.B. Taylor
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, G. Baker Boan Bradley, P. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Dangerfield Derrick Evatt Fair Felder Foxworth Gregory Harris, J. Haskins Hawkins Hayes Hearn Helmly Huff Johnson, J.W. Jones Keyserling Kirsh Klapman Koon Lockemy Martin, D. Martin, L. McCain McGinnis McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Pettigrew Petty Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Stoddard Thrailkill Toal Townsend Waldrop Washington Wells White Wilkins
So, the House refused to table the Resolution.
Rep. AYDLETTE proposed the following Amendment No. 1, which was adopted.
Amend as and if amended, the Rules Committee Report so as to set S.25 as the first Bill to be considered under Special Order of this Resolution.
Rep. TAYLOR moved to table the amendment.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Blanding Brown, G. Brown, J. Cork Evatt Faber Foster Gregory Keyserling Mappus McLeod, E.B. Sharpe Taylor
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, G. Bailey, K. Baker Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Dangerfield Davenport Derrick Elliott Fair Felder Ferguson Foxworth Harris, J. Haskins Hawkins Hayes Hearn Helmly Huff Johnson, J.W. Jones Kirsh Klapman Lewis Lockemy Martin, D. Martin, L. Mattos McCain McElveen McGinnis McLellan McTeer Moss Neilson Nesbitt Pettigrew Petty Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Simpson Stoddard Thrailkill Toal Townsend Waldrop Washington Wells Whipper White Wilkins Winstead
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The Resolution, as amended, was then adopted.
The following was introduced:
H. 3219 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 499, RELATING TO HEALTH INSURANCE POOLS, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND AND THIRD READING OR OTHER DISPOSITION OF S. 424 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 499 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 499 be set by special order for second and third reading or other consideration immediately following second and third reading or other disposition of S. 424 and continuing each legislative day thereafter immediately following the call of Concurrent Resolutions until S. 499 is given second and third reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
Rep. McCAIN moved to table the Resolution which was not agreed to by a division vote of 17 to 46.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 3220 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 347, RELATING TO AUTOMOBILE TRANSPORTER UNITS, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND AND THIRD READING OR OTHER DISPOSITION OF S. 499 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 347 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 347 be set by special order for second and third reading or other consideration immediately following second and third reading or other disposition of S. 499 and continuing each legislative day thereafter immediately following the call of Concurrent Resolutions until S. 347 is given second and third reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
Rep. SIMPSON moved to table the Resolution which was not agreed to.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 3221 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 588, RELATING TO PRISON INDUSTRIES, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND AND THIRD READING OR OTHER DISPOSITION OF S. 424 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 588 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 588 be set by special order for second and third reading or other consideration immediately following second and third reading or other disposition of S. 424 and continuing each legislative day thereafter immediately following the call of Concurrent Resolutions until S. 588 is given second and third reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
Rep. AYDLETTE proposed the following Amendment No. 1, which was adopted.
Amend as and if amended 50 as to set S. 347 to immediately follow S. 25 under Special Order.
Rep. TOAL explained the amendment.
The amendment was then adopted.
The Resolution, as amended, was then adopted.
Rep. TOAL moved to reconsider the vote whereby debate was adjourned on the following Resolution, which was agreed to.
H. 3213 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2837, RELATING TO SHAD FISHING ON THE SANTEE RIVER, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING DISPOSITION OF H. 2361 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2837 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2837 be set by special order for second and third reading or other consideration immediately following disposition of H. 2361 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 2837 is given second and third reading or it is otherwise disposed of.
The Resolution was then adopted.
On motion of Rep. H. BROWN, with unanimous consent, it was ordered that H. 3206 be read the second time tomorrow.
The SPEAKER granted Rep. BLACKWELL a temporary leave of absence to represent the Joint Legislative Committee on Aging at the 3rd Annual Governor's Health Promotion for Older Americans.
Rep. DAVENPORT moved that when the House adjourns it adjourn to meet in statewide session at 10:00 A.M. tomorrow.
Rep. P. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Baker Barfield Bradley, P. Brown, J. Davenport Derrick Felder Ferguson Haskins Hawkins McLeod, E.B. Pettigrew Rogers, J. Stoddard Taylor Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baxley Blanding Boan Brown, G. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Day Evatt Fair Foster Gilbert Gregory Harris, J. Hayes Hearn Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McCain McEachin McElveen McGinnis McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Petty Phillips, L. Phillips, O. Rice Rudnick Sharpe Sheheen Simpson Snow Sturkie Thrailkill Toal Townsend Waldrop Whipper White Wilkins Winstead
So, the motion was rejected.
Rep. P. BRADLEY, with unanimous consent, made a statement relative to an article in "The State" Newspaper.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2139 -- Reps. P. Harris and L. Phillips: A BILL TO AMEND SECTION 44-7-1430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE. HOSPITAL REVENUE BOND ACT, SO AS TO DEFINE "AUTHORIZING ISSUER", "INTERGOVERNMENTAL LOAN AGREEMENT", "PROJECT COUNTY", AND "SUBSIDIARY LOAN AGREEMENT"; AND TO AMEND SECTION 44-7-1640, RELATING TO THE POWERS GRANTED BY THE HOSPITAL REVENUE BOND ACT AND THE ADOPTION OF BOND RESOLUTIONS, AND ARTICLE 11, CHAPTER 7, TITLE 44, RELATING TO THE HOSPITAL REVENUE BOND ACT, BY ADDING SECTIONS 44-7-1650 THROUGH 44-7-1720 SO AS TO AUTHORIZE AND PROVIDE FOR THE ISSUANCE OF BONDS AND THE LENDING OF THE PROCEEDS TO HOSPITAL OR PUBLIC AGENCIES TO CONSTRUCT OR ACQUIRE HOSPITAL FACILITIES.
Rep. KLAPMAN made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2035 -- Reps. J. Bradley, P. Bradley and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 33 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE MILITARY ORDER OF THE PURPLE HEART.
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. 593 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-37-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF PURPOSE FOR THE REGULATION OF AUTOMOBILE INSURANCE IN SOUTH CAROLINA, SO AS TO FURTHER PROVIDE FOR THIS DECLARATION OF PURPOSE; TO AMEND SECTION 38-37-320, RELATING TO AUTOMOBILE INSURANCE RISK CLARIFICATION PLANS SO AS TO PROVIDE FOR AN INEXPERIENCED DRIVER'S RISK CLASSIFICATION PLAN TO BE ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER ON MARCH 1, 1988; TO AMEND SECTION 38-37-930, RELATING TO AFFILIATED INSURERS, SO AS TO REVISE THE PROVISIONS OF THE SECTION TO ESTABLISH THOSE CONDITIONS UNDER WHICH APPLICANTS OR POLICYHOLDERS QUALIFY FOR THE BASE RATE OR THE HIGHER OBJECTIVE STANDARDS RATE AND TO REGULATE WHAT RATES MAY BE UTILIZED BY MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS; TO AMEND SECTION 56-11-140, RELATING TO COVERAGE LIMITATIONS, SO AS TO DELETE REFERENCES TO COLLISION COVERAGE; TO AMEND ARTICLE 5, CHAPTER 37 OF TITLE 38, RELATING TO RISK CLASSIFICATION PLANS AND REQUIRED INSURANCE, BY ADDING SECTION 38-37-315 SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE INSURANCE FOR ANY APPLICANT WHO DOES NOT HAVE A VALID SOUTH CAROLINA DRIVER'S LICENSE AND TO PROVIDE EXCEPTIONS; TO AMEND ARTICLE 9, CHAPTER 37 OF TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, BY ADDING SECTIONS 38-37-785, 38-37-795, 38-37-800, AND 38-37-810, SO AS TO REQUIRE EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE WITH THE CHIEF INSURANCE COMMISSIONER PRIOR TO OCTOBER 1, 1987, A BASE RATE AND AN OBJECTIVE STANDARDS RATE, AND TO PROVIDE THAT THOSE RATES ARE EFFECTIVE MARCH 1, 1988, UNDER CERTAIN CONDITIONS; TO PROVIDE FOR A FACILITY RECOUPMENT CHARGE ON CERTAIN BASE RATES, PROVIDE THE FORMULA FOR ITS ANNUAL CALCULATION, AND PROVIDE FOR THE CLASSIFICATION AND USE OF RECOUPMENT CHARGES; TO AMEND ARTICLE 11, CHAPTER 37 OF TITLE 38, RELATING TO UNLAWFUL ACTS FOR PURPOSES OF AUTOMOBILE INSURANCE, BY ADDING SECTION 38-37-935, SO AS TO PROVIDE FOR THE WRITING OF COLLISION AND COMPREHENSIVE COVERAGE, DEDUCTIBLE AMOUNTS, CIRCUMSTANCES WHERE AN INSURER MAY REFUSE TO WRITE SUCH COVERAGE, TERMS OF SALE, AND CESSION TO THE REINSURANCE FACILITY.
Rep. OGBURN spoke against the Bill.
The Bill, as amended, was then read the third time and ordered returned to the Senate.
The following Bill was read the third time, passed and, 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.
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.
The following was received.
Columbia, S. C., May 28, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the report of the Committee of Free Conference on 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.
having been adopted by both Houses, has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 013
Received as information.
The following was received.
Columbia, S. C., May 28, 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. 316:
S. 316 -- Senator Pope: A BILL TO AMEND SECTION 40-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF APPLICANTS FOR DENTAL, DENTAL HYGIENIST, AND DENTAL TECHNICIAN LICENSES, SO AS TO PROVIDE THAT DENTAL EXAMINATIONS MUST BE GIVEN ANNUALLY AND DENTAL HYGIENIST AND DENTAL TECHNICIAN EXAMINATIONS MUST BE GIVEN QUARTERLY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 186
Received as information.
The following was received.
Columbia, S. C., May 27, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed senators Nell W. Smith, Lourie and Wilson of the Committee of Conference on the part of the Senate on H. 2555.
H. 2555 -- Education and Public Works Committee: A BILL TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING EDUCATION GENERALLY, BY ADDING SECTION 59-1-405 SO AS TO PROHIBIT PUBLIC ELEMENTARY AND SECONDARY SCHOOLS FROM DISTRIBUTING ANY CONTRACEPTIVE DEVICE OR MEDICATION.
Very respectfully,
President
No. 013
Received as information.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
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. FELDER moved to continue the Bill, which was agreed to.
The following Bill was taken up.
H. 2836 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 7, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION AND NONRENEWAL OF PROPERTY INSURANCE AND CASUALTY INSURANCE, BY ADDING SECTION 38-9-890 SO AS TO PROVIDE THAT NO INSURER MAY NONRENEW A POLICY OF HOMEOWNERS INSURANCE BECAUSE THE INSURED HAS FILED A CLAIM WITH THAT INSURER FOR DAMAGES RESULTING FROM AN ACT OF GOD, INCLUDING, BUT NOT LIMITED TO, HAIL, WIND, OR LIGHTNING, OR FOR A FIRE NOT ATTRIBUTABLE TO THE INSURED, AND TO PROVIDE THAT NO INSURER WHICH OFFERS A COMBINATION HOMEOWNERS AND AUTOMOBILE INSURANCE POLICY MAY NONRENEW THIS POLICY FOR OTHER THAN THE REASONS PRESCRIBED IN SECTION 38-37-310.
Rep. OGBURN moved to adjourn debate upon the Bill.
Rep. TOAL moved to table the motion, which was agreed to.
Rep. OGBURN objected to the Bill.
Rep. OGBURN spoke against the Bill.
Rep. MAPPUS moved to continue the Bill, which was not agreed to by a division vote of 24 to 33.
Rep. OGBURN continued speaking.
Rep. SIMPSON spoke against the Bill.
Rep. OGBURN moved to table the Bill, which was agreed to by a division vote of 35 to 32.
The following House Resolution was taken up.
H. 3008 -- Reps. E.B. McLeod, G. Brown, Blanding, Carnell, Dangerfield, McElveen, Mappus, Bennett, Corning, P. Harris, Jones, McLellan, Elliott, Snow, Altman and Edwards: A HOUSE RESOLUTION TO AUTHORIZE THE CLERK OF THE HOUSE OF REPRESENTATIVES TO SELECT AN ARTIST TO PAINT THE PORTRAIT OF THE LATE ROBERT JAMES AYCOCK, OF SUMTER COUNTY, TO BE PLACED APPROPRIATELY IN THE HALL OF THE HOUSE OF REPRESENTATIVES.
Whereas, the late Robert James Aycock, of Sumter County, was a member of the House of Representatives for twenty-seven years, serving from 1935 to 1936 and from 1949 until his death on September 13, 1975; and
Whereas, he served as Chairman of the Ways and Means Committee for fourteen years, serving from March 8, 1960, until June 27, 1974; and
Whereas, he served as Chairman of the Ways and Means Committee during a time of tremendous growth and challenge which he met with a steady hand typified by his energy toward the onerous task of chairing this powerful committee; and
Whereas, the members of the General Assembly wish to remember his accomplishments and his steadfast love for this body. Now, therefore,
Be it resolved by the House of Representatives:
That the Clerk of the House of Representatives is authorized to select an artist to paint the portrait of the late Robert James Aycock to be placed appropriately in the Hall of the House of Representatives.
Funds for the portrait shall not exceed five thousand dollars to be paid from the approved accounts of the House of Representatives.
The Ways ana Means Committee proposed the following Amendment No. 1 (Doc. No. 4988Y), which was adopted.
Amend the House Resolution, as and if amended, by striking all after line 8, page 1, and inserting:
/Whereas, the late F. Julian LeaMond, of Charleston County, was a member of the House of Representatives for twenty-two years, serving from 1955 to 1977; and
Whereas, he served as Chairman of the Ways and Means Committee for two and one-half years, serving from June 27, 1974, until February 18, 1977; and
Whereas, the late Tom Gibson Mangum, of Lancaster County, was a member of the House of Representatives for twenty-seven years, serving from 1955 to 1958 and from 1961 until his death on October 4, 1986; and
Whereas, he served as Chairman of the Ways and Means Committee for nine years, serving from 1977 until his death in 1986; and
Whereas, each of these gentlemen served as Chairman of the Ways and Means Committee during a time of tremendous growth and challenge which each met with a steady hand typified by his energy toward the onerous task of chairing this powerful committee; and
Whereas, the members of the House of Representatives wish to remember the accomplishments of these gentlemen and their steadfast love for this body. Now, therefore,
Be it resolved by the House of Representatives:
That the Clerk of the House of Representatives is authorized to select a color portrait of the late Robert James Aycock, the late Julian LeaMond, and the late Tom Gibson Mangum to hang appropriately in the Main Ways and Means Committee Room in the Solomon Blatt Building.
Be it further resolved that funds for the pictures and frames must be paid from the approved accounts of the House of Representatives./
When amended, the House Resolution shall read:
/Whereas, the late Robert James Aycock, of Sumter County, was a member of the House of Representatives for twenty-seven years, serving from 1935 to 1936 and from 1949 until his death on September 13, 1975; and
Whereas, he served as Chairman of the Ways and Means Committee for fourteen years, serving from March 8, 1960, until June 27, 1974; and
Whereas, the late F. Julian LeaMond, of Charleston County, was a member of the House of Representatives for twenty-two years, serving from 1955 to 1977; and
Whereas, he served as Chairman of the Ways and Means Committee for two and one-half years, serving from June 27, 1974, until February 18, 1977; and
Whereas, the late Tom Gibson Mangum, of Lancaster County, was a member of the House of Representatives for twenty-seven years, serving from 1955 to 1958 and from 1961 until his death on October 4, 1986; and
Whereas, he served as Chairman of the Ways and Means Committee for nine years, serving from 1977 until his death in 1986; and
Whereas, each of these gentlemen served as Chairman of the Ways and Means Committee during a time of tremendous growth and challenge which each met with a steady hand typified by his energy toward the onerous task of chairing this powerful committee; and
Whereas, the members of the House of Representatives wish to remember the accomplishments of these gentlemen and their steadfast love for this body. Now, therefore,
Be it resolved by the House of Representatives:
That the Clerk of the House of Representatives is authorized to select a color portrait of the late Robert James Aycock, the late Julian LeaMond, and the late Tom Gibson Mangum to hang appropriately in the Main Ways and Means Committee Room in the Solomon Blatt Building.
Be it further resolved that funds for the pictures and frames must be paid from the approved accounts of the House of Representatives./
Amend title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
The Resolution, as amended, was then adopted.
The following Concurrent Resolution was taken up.
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".
Whereas, the Honorable Margaret H. Rush of Goose Creek, Berkeley County, serves with distinction on the Highways and Public Transportation Commission from the Ninth Circuit; and
Whereas, she is strongly committed to improving in every way the highway and public transportation system in South Carolina and has worked very hard in this respect; and
Whereas, the General Assembly believes that Margaret H. Rush is deserving of recognition; and
Whereas, the General Assembly would like the department's motor vehicle division driver's license and registration facility at Ladson, Berkeley County, to be named for Ms. Rush. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request 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".
Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
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.
Rep. R. BROWN explained the Concurrent Resolution.
Rep. FOSTER spoke in favor of the Concurrent Resolution.
Rep. FOXWORTH moved to commit the Concurrent Resolution to the Committee on Agriculture and Natural Resources.
Rep. R. BROWN moved to table the motion which was agreed to by a division vote of 39 to 26.
Rep. AYDLETTE spoke against the Concurrent Resolution and moved to adjourn debate, which was adopted.
Rep. McLELLAN moved to waive Rule 6.1, which was agreed to.
Rep. McLELLAN made a statement relative to the Conference Committee on the General Appropriations Bill, H. 2590.
Rep. McLELLAN moved that when the House adjourns it adjourn to meet at 2:00 P.M. Monday in Statewide Session.
Rep. AYDLETTE moved that when the House adjourns it adjourn to meet at 12:00 Noon Monday in Statewide Session, which was not agreed to.
The question then recurred to the motion that when the House adjourns today, it adjourn to meet at 2:00 P.M. Monday in Statewide Session, which was agreed to.
Reps. TOAL and KIRSH made statements relative to the Conference Committee on the General Appropriations Bill, H. 2590.
Rep. WINSTEAD moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were not ordered.
The motion to adjourn was then agreed to by a division vote of 67 to 18.
The Senate returned to the House with concurrence the following:
H. 3200 -- Rep. Carnell: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES TO MRS. RUTH C. SANDERS OF GREENWOOD COUNTY, WHO TAUGHT IN THE PUBLIC SCHOOL SYSTEM OF THAT COUNTY FOR THIRTY-EIGHT YEARS, UPON THE OCCASION OF HER RETIREMENT.
H. 3201 -- Rep. Barfield: A CONCURRENT RESOLUTION TO CONGRATULATE NANCY L. McCORD, AN INSTRUCTOR IN ENGLISH WHO WAS SELECTED TEACHER OF THE YEAR AT CONWAY HIGH SCHOOL, HORRY COUNTY.
H. 3202 -- Reps. McCain, K. Bailey, Bennett and Felder: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. THOMAS ELLIOTT WANNAMAKER OF ORANGEBURG, FOUNDER OF WANNAMAKER CHEMICAL COMPANY WHICH LATER BECAME ETHYL CORPORATION-ORANGEBURG, WHO DIED TUESDAY, MAY 26, 1987.
H. 3209 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO RECOGNIZE MR. PETE J. STATHAKIS OF ANDERSON FOR HIS DEDICATION TO AND PERSONAL INTEREST IN ANDERSON COUNTY'S ECONOMIC DEVELOPMENT AND GROWTH.
H. 3210 -- Orangeburg Delegation: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S GOLF TEAM OF SOUTH CAROLINA STATE COLLEGE UPON BECOMING THE FIRST BLACK NATIONAL COLLEGIATE GOLF CHAMPIONS.
At 1:10 P.M. the House in accordance with the motion of Rep. WINSTEAD adjourned to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:39 P.M.