Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, without Whose guidance our best effort is folly, give to us such a measure of faith in You that we will be victors in life, not victims of it. Save us from being less effective because of ingratitude or pettiness, and from turning coward in the day of battle. As stewards of so many blessings from Your good and gracious hand, give us, we pray, a dauntless trust, a firm hope, an understanding charity, and a determination to stand firm for the right. Make us to know always that the master key to unlock the door to unending happiness is a clear conscience.
Hear us in this our humble prayer. 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 Or Friday, the SPEAKER ordered it confirmed.
May 27, 1987
The Honorable Nick A. Theodore,
Lieutenant Governor
The Honorable Robert J. Sheheen,
Speaker Or the House
S.C. State House
Columbia, S.C. 29201
Gentlemen:
Please be advised, pursuant to Section 2-15-20 of the South Carolina Code of Laws, the Nominating Committee for the Legislative Audit Council met on May 21, 1987 and a majority of the committee has approved the following nominees:
For the practicing C.P.A. seat:
Mr. Jerry D. Gambrell, of Charleston, C.P.A.
Ms. Sherri D. Mathews, of Columbia, C.P.A.
For the undesignated seat:
Mr. F. Hall Yarborough, of Orangeburg, Attorney
Mr. Robert L. Thompson, Jr. of Rock Hill,
Vice President, Springs Industries
Isadore E. Lourie
Nominating Committee
Legislative Audit Council
Received as information.
The following was received.
May 27, 1987
The Honorable Robert J. Sheheen
Speaker of the House
State of South Carolina
P.O. Box 11867
Columbia, S.C. 29211
Dear Mr. Speaker:
The Board of Accountancy appointed Mr. John M. Greene, CPA, to the nominating committee of the Legislative Audit Council, effective May 11, 1987.
Very truly yours,
R. Larry Kight
Director
Received as information.
The following was received.
Columbia, S. C., May 29, 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. 157:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 188
Received as information.
The following was received from the Senate.
Columbia, S. C., May 29, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it concurred and now refuses to concur 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.
Very respectfully,
President
No. 189
On motion of Rep. HAWKINS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. LOCKEMY, HAWKINS and THRAILKILL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
May 14, 1987
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Governor
Appointment, Master-in-Equity, Beaufort County, to serve full-time, with term to commence on July 1, 1987 and expire on June 30, 1991:
Mr. Tom Kemmerlin, P.O. Box 986, Beaufort, S.C. 29901 (initial appointment)
On motion of the Beaufort Delegation and Rep. TOAL, the appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 3223 -- Reps. Chamblee, T.C. Alexander, Cooper, P. Harris, Kay, McLellan, Townsend and Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO ROBERT W. SMITH OF ANDERSON COUNTY FOR HIS MANY YEARS OF EFFECTIVE AND DEVOTED SERVICE AS A MEMBER OF THE ANDERSON-OCONEE-PICKENS TECHNICAL EDUCATION AND TRAINING COMMISSION AND TO NAME HIM MEMBER EMERITUS OF THE COMMISSION AND TO WISH HIM LONG YEARS OF HEALTH AND HAPPINESS ON THE OCCASION OF HIS RETIREMENT FROM THE COMMISSION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 765 -- Labor, Commerce and Industry Committee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ANALYZE THE PRESENT REQUIREMENTS FOR POST-CLOSURE OF COMMERCIAL HAZARDOUS WASTE LAND DISPOSAL FACILITIES IN THIS STATE AND TO DETERMINE WHAT CHANGES IF ANY ARE NECESSARY IN THESE REQUIREMENTS.
The Concurrent Resolution was ordered referred to the Committee on Agriculture and Natural Resources.
The Senate sent to the House the following:
S. 827 -- Senator Thomas E. Smith, Jr.: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE COACH H. M. DIXON AND HIS HANNAH-PAMPLICO HIGH SCHOOL BOYS TRACK TEAM OF FLORENCE COUNTY ON GAINING THE SCHOOL'S FIRST STATE CHAMPIONSHIP IN ANY SPORT BY CAPTURING THE CLASS A STATE TRACK CROWN.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 831 -- Senators Fielding, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO W. EVERETT "BEAU" SMITH, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA FINANCIAL SERVICES ASSOCIATION, ON HIS RETIREMENT IN AUGUST, 1987.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 832 -- Senators Wilson, Shealy and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BOARD, ADMINISTRATION, STAFF, AND STUDENTS OF THE WIL LOU GRAY OPPORTUNITY SCHOOL ON THE COMPLETION OF THE SCHOOL'S FIRST YEAR OF PARTICIPATION AS A MEMBER OF THE SOUTH CAROLINA HIGH SCHOOL LEAGUE REGION IV CLASS A.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 836 -- Senators Shealy, Setzler, Martschink and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MRS. SARA SHEALY OF LEESVILLE, LEXINGTON COUNTY, UPON BEING HONORED BY THE BATESBURG-LEESVILLE WOMAN'S CLUB AS "VOLUNTEER OF THE YEAR".
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3224 -- Reps. Harvin, Blanding, Baxley, C. Brown, E.B. McLeod and McElveen: A CONCURRENT RESOLUTION TO RECOGNIZE THE HONORABLE R. J. MATHIS, MEMBER OF THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION REPRESENTING DISTRICT 3, FOR HIS OUTSTANDING SERVICE AND CONTRIBUTIONS TO THE CITIZENS OF DISTRICT 3 AND SOUTH CAROLINA AS A MEMBER OF THE COMMISSION AND THE COMMISSION IS REQUESTED TO NAME AN APPROPRIATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FACILITY OR A ROAD IN HONOR OF CHAIRMAN MATHIS.
The Concurrent Resolution was ordered referred to the Sumter Delegation.
The following was introduced:
H. 3225 -- Reps. Edwards, Davenport, Ferguson, Hawkins, McGinnis, Petty, Russell and Wells: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. WILLIAM EARL HUMPHRIES OF SPARTANBURG UPON HIS TRAGIC DEATH IN A HELICOPTER CRASH ON SUNDAY, MAY 24, 1987.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3226 -- Rep. Thrailkill: A CONCURRENT RESOLUTION TO COMMEND VIOLA "LUCY" LAWRENCE, TEACHER'S AIDE AT WACCAMAW ELEMENTARY SCHOOL IN HORRY COUNTY FOR SAVING THE LIFE OF ONE OF THE CHILDREN SHE ASSISTS AS HEARING HANDICAPPED INTERPRETER AND BUS DRIVER FOR THE HANDICAPPED.
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. 3227 -- Reps. P. Bradley, Toal, Haskins, Davenport, Baxley, G. Bailey, Limehouse, Jones, Barfield, Wilkins, Klapman, Day, Pettigrew, J.W. McLeod, R. Brown, Gentry, Hawkins, Lockemy, Fair, Taylor, Ferguson, Thrailkill, Nesbitt, Petty, Baker, Rice, McCain, Mattos, J. Harris, Wells, Felder, Koon, Townsend, Kay, Helmly, Sharpe, Sheheen, H. Brown, G. Brown, Mappus, E.B. McLeod, Elliott, McGinnis, Huff, T.M. Burriss, Hearn, Moss, O. Phillips, Chamblee, D. Martin, Dangerfield, Neilson, Lewis, Evatt and Cork: A BILL TO AMEND CHAPTER 15 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST MORALITY AND DECENCY BY ADDING SECTION 16-15-450, SO AS TO MAKE IT A FELONY FOR ANY PERSON TO FERTILIZE FEMALE ANIMALS WITH HUMAN SPERM, TO ATTEMPT THIS FERTILIZATION, OR TO ENGAGE IN RESEARCH OR CONDUCT EXPERIMENTS REGARDING THIS FERTILIZATION, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO ADD VIOLATIONS OF SECTION 16-15-450 TO THE LIST OF CRIMES CLASSIFIED AS FELONIES BY SECTION 16-1-10.
Referred to Committee on Judiciary.
S. 575 -- Senator Bryan: A BILL TO AMEND ACT 512 OF 1986, RELATING TO THE REGULATION OF THE BURGLAR ALARM SYSTEM BUSINESS, SO AS TO PROVIDE THAT PERSONS ENGAGED IN THE "BURGLAR ALARM SYSTEM BUSINESS" DO NOT INCLUDE LAW ENFORCEMENT OFFICERS OR INDIVIDUALS WHO MAY RESPOND TO AN ALARM BY HAPPENSTANCE; TO PROVIDE THAT THE APPLICATION FEE FOR BURGLAR ALARM SYSTEM BUSINESS LICENSES MUST BE RETAINED BY THE SOUTH CAROLINA STATE LICENSING BOARD; TO FURTHER PROVIDE FOR THE TYPE OF ACTS TO BE COVERED BY REQUIRED BONDS OF LICENSEES; TO FURTHER PROVIDE FOR THE REQUIRED CONTENTS OF ADVERTISING, SOLICITING BURGLAR ALARM BUSINESS; AND TO FURTHER PROVIDE FOR THE QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE.
Referred to Committee on Labor, Commerce and Industry.
S. 625 -- Senators Hayes, Nell W. Smith and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1895 SO AS TO PROVIDE FOR A STATEWIDE ADOPTION EXCHANGE WHICH IS TO BE ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES TO RECRUIT ADOPTIVE FAMILIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 731 -- Senators Martschink, Shealy, Stilwell and Russell: A BILL TO PROVIDE A PROCEDURE FOR AN OFFICEHOLDER TO TENDER AN IRREVOCABLE RESIGNATION AND FOR AN ELECTION TO BE HELD TO FILL HIS OFFICE WHENEVER THE OFFICEHOLDER IS ELECTED TO ANOTHER OFFICE.
Referred to Committee on Judiciary.
S. 757 -- Senators Thomas E. Smith, Jr. and Setzler: A BILL TO AMEND SECTION 22-2-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF TRIAL BY JURY IN MAGISTRATES COURTS, SO AS TO PROVIDE THAT IF A DEFENDANT IS CHARGED WITH A VIOLATION OF CHAPTER 5 OF TITLE 56 (UNIFORM ACT REGULATING TRAFFIC ON THE HIGHWAY) EXCLUDING ARTICLE 23 AND HE WAIVES A JURY TRIAL, NO JURY TRIAL MAY BE HELD.
Referred to Committee on Judiciary.
S. 813 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "HUNTERS" AND "HUNTING", SO AS TO PROVIDE FOR TWO BIRD DOG TRAINING SEASONS EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING SEASONS, AND TO REQUIRE BIRD DOG TRAINERS TO HAVE THE APPROPRIATE HUNTING LICENSES AND PERMITS.
Referred to Committee on Agriculture and Natural Resources.
S. 814 -- Senators Pope, Bryan and Martin: a BILL TO CREATE THE UNION-LAURENS COMMISSION FOR HIGHER EDUCATION, TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND FUNCTIONS, TO REPEAL ACT 23 OF 1965 RELATING TO THE UNION COUNTY COMMISSION FOR HIGHER EDUCATION, AND TO TRANSFER ALL ASSETS AND LIABILITIES OF THE UNION COUNTY COMMISSION TO THE UNION-LAURENS COMMISSION ABOVE ESTABLISHED.
Rep. ARTHUR moved to waive Rule 5.12, which was agreed to by a division vote of 66 to 0.
On motion of Rep. ARTHUR, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 817 -- 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.
On motion of Rep. DANGERFIELD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 822 -- Senator Long: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 123 OF 1985, AS AMENDED, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE FOR HORRY COUNTY TO HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE HORRY COUNTY GOVERNING BODY.
Without reference.
S. 823 -- Senator Bryan: A BILL TO REVISE THE MANNER IN WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 ARE ELECTED.
Without reference.
S. 824 -- Senator Bryan: A Bill TO REVISE THE MANNER IN WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICT NO. 56 ARE ELECTED.
Without reference.
S. 825 -- Senator Moore: A JOINT RESOLUTION TO AUTHORIZE THE AIKEN COUNTY BOARD OF EDUCATION TO LEVY AN ADDITIONAL SIX MILLS FOR FISCAL YEAR 1987-88 WHICH ONLY MAY BE USED FOR THE OPERATIONS OF THE SCHOOL DISTRICT.
Rep. HUFF asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. SHARPE objected.
Referred to Aiken Delegation.
The roll call Or the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Day Edwards Elliott Faber Fair Foster Foxworth Cordon Harris, P. Harvin Haskins Hawkins Hayes Hearn Hendricks Hodges Huff Johnson, J.C. Jones Kay Keyserling Kirsh Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Neilson Nesbitt Ogburn Pettigrew Petty Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson 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 June 1, 1987.
John G. Felder Donna Moss Frank Gilbert Jean Harris Parker Evatt H.E. Pearce, Jr. Lenoir Sturkie Ralph Davenport Jack Gregory T.M. Burriss Paul Derrick John D. Bradley Philip T. Bradley R.L. Helmly E. LeRoy Nettles Robert A. Kohn James W. Johnson Tee Ferguson Grady Brown Jarvis Klapman
STATEMENT OF ATTENDANCE
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 27, 1987.
The SPEAKER granted Rep. HOLT a leave of absence for today through June 4.
The SPEAKER granted Rep. L. PHILLIPS a leave of absence for the day.
The SPEAKER granted Rep. KLAPMAN a temporary leave of absence.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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.
Rep. BLANDING moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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 the following Bill, the pending question being the consideration of Amendment No. 1, Rep. WHITE having the floor.
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 continued speaking.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 5393Y), which was adopted.
Amend the bill, as and if amended, by striking Section 5, page 4, lines 14 through 24, and inserting:
/SECTION 5. Section 2-201, as contained in Section 1 of Act 539 of 1986, is amended to read:
"Section 2-201. Right of Elective Share.
(a) If a married person domiciled in this State dies, the surviving spouse has a right of election to take an elective share of one-third of the decedent 19 probate estate, as computed under Section 2-202, the share to be satisfied as detailed in Sections 2-206 and 2-207 and, generally, under the limitations and conditions hereinafter stated.
(b) If a married person not domiciled in this State dies, the right, if any, of the surviving spouse to take an elective share in property in this State is governed by the law of the decedent's domicile at death.
(c) 'Surviving spouse', as used in this Part, is as defined in Section 2-802; provided, that for purposes of this Part, a surviving spouse who has been married for at least seven consecutive years to the married person immediately prior to his death must have cohabited with the married person and been financially dependent on the married person during these seven consecutive years immediately prior to the married person's death in order to be eligible to exercise the elective share provisions to which a surviving spouse is entitled."/
Amend the bill, as and if amended, by striking item (2) of subsection (b) of Section 3-803, as contained in Section 1 of Act 539 of 1986, as contained in SECTION 32, page 22, lines 38 and 39, and inserting:
/(2) any other claim, within four eight months after it arises the date of the first publication of notice to creditors if notice is given in compliance with Section 3-801./
Amend the bill, as and if amended, by striking Subsection (a) of Section 3-806, as contained in Section 1 of Act 539 of 1986, as contained in SECTION 35, page 24, lines 10 through 42, and inserting:
/(a) As to claims presented in the manner described in Section 3-804 within the time limit prescribed in Section 3-803, the personal representative may mail a notice to any claimant stating that the claim has been disallowed. If, after allowing or disallowing a claim, the personal representative changes his decision concerning the claim, he shall notify the claimant. The personal representative may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has run and the claim has been barred. Every claim which is disallowed in whole or in part by the personal representative is barred so far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than thirty days after the mailing of the notice of disallowance or partial allowance if the notice warns the claimant of the impending bar. Failure of the personal representative to mail notice to a claimant of action on his claim for thirty days after the time for original presentation of the claim has expired has the effect of a notice of disallowances with the warning of the impending bar./
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ____. Section 3-1201, as contained in Section 1 of Act 539 of 1986, is amended to read:
"Section 3-1201. Collection of Personal Property by affidavit. (a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon presented an affidavit made by or on behalf of the successor stating that:
(1) the value of the entire estate, wherever located, less liens and encumbrances, does not exceed ten thousand dollars;
(2) thirty days have elapsed since the death of the decedent;
(3) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
(4) the claiming successor is entitled to payment or delivery of the property.
(b) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (a). When any person within this State dies leaving an estate in personal property, money, or chooses in action of the value of ten thousand dollars or less the probate judge may receive the estate and pay the creditors as may present their duly attested claims in the priority set forth in Section 3-805 and the residue, if any, to the distributee or distributees of the estate without the requirement of an administration. If any legal representative is under age, payment to the parent or other person with whom the child is a bona fide resident, and be established to the satisfaction of the probate judge before he pays out the share is a sufficient compliance with the provisions of this section."/
Amend the bill further, as and if amended, page 43, by adding a new SECTION to read:
/SECTION 62A. Section 5-104, as contained in Section 1 of Act 539 of 1986, is amended to read:
"Section 5-104. A parent or a A guardian of an incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of his powers regarding care and custody of the incapacitated person."/
Amend further, as and if amended, by adding a new Section to read:
/SECTION 62B. Section 1, Part 2 of Article V of Act 539 of 1986 is amended by adding:
"Section 5-201. The family courts of this State have jurisdiction over the care, custody, and control of the persons of minors."/
Amend further, as and if amended, by adding a new SECTION to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 21-21-25. The father of any child under the age of twenty-one years and not married, if the mother is dead, or the mother of any such child, the father being dead, whether the father or mother is under the age of twenty-one years, or of full age, may by deed executed and recorded according to law or by last will and testament, made and probated according to law, dispose of the custody and tuition of the child while he remains under the age of twenty-one years to any other person, in possession or remainder. No deed is valid unless signed by both father and mother, if both are living and no such deed, except a deed to an agency or department of this State authorized by law to receive or place the custody of children, is effective unless approved upon petition by a family court or family court judge of this State.
Nothing in this section may be construed to abrogate, lessen, or interfere with the right and duty of a court of competent jurisdiction at any time to transfer and assign the custody of a child for its best interest."/
Amend further, as and if amended, by adding a new SECTION to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 21-21-35. The disposition of the custody of the child as provided in Section 21-21-20 is effective against any person claiming the custody of the child as guardian."/
Amend further, as and if amended, by adding a new SECTION to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 21-21-45. Any person to whom the custody of any child has been so disposed or devised may maintain an action against any person who wrongfully takes away or detains the child, for the recovery of the child and may recover damages in the action for benefit of the child."/
Amend further, as and if amended, by adding a new SECTION to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 21-21-55. Any person to whom the custody of any child has been so disposed or devised may take into his possession to and for the use, support, and education of the child all property, real and personal, which by deed or will has been conveyed, devised, or bequeathed to the child, until he attains the age of twenty-one years or for a lesser time as may be fixed by the deed or will, and may receive and receipt for the proceeds of any life insurance taken out by the parent for the benefit of the child and do all acts in relation to the child which a guardian appointed according to law might do. The family court may, in its discretion, require a return of the property and an annual accounting for the rents, profits, and income of the property."/
Renumber sections to conform.
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 2 (Doc. No. 5394Y), which was adopted.
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION _____. Section 2-103, as contained in Section 1 of Act 539 of 1986, is amended to read:
"Section 2-103. Share of heirs other than surviving spouse.
The part of the intestate estate not passing to the surviving spouse under Section 62-2-102, or the entire intestate estate if there is no surviving spouse, passes as follows:
(1) to the issue of the decedent per stirpes : if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree then these of more remote degree take by representation;
(2) if there is no surviving issue, to his parent or parents equally;
(3) if there is no surviving issue or parent, to the issue of the parents by representation, including the issue of either parent (but not of the other) except that, if there is a surviving child or children of both parents, the estate passes to such child or children and to the issue of any deceased child or children of both parents by representation;
(4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half;
(5) if there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, but the decedent is survived by one or more great-grandparents or issue of great-grandparents, half of the estate passes to the surviving paternal great-grandparents in equal shares, or to the surviving paternal great-grandparent if only one survives, or to the issue of the paternal great-grandparents if none of the great-grandparents survive, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving great-grandparent or issue of a great-grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half;
(6) if there is no surviving issue, parent or issue of a parent, grandparent or issue of a grand-parent, great-grandparent or issue of a great-grandparent, but the decedent is survived by one or more stepchildren or issue of stepchildren, the estate passes to the surviving stepchildren and to the issue of any deceased stepchildren; if they are all of the same degree of step-kinship to the decedent they take equally, but if of unequal degree then those of more remote degree take by representation.
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. RUDNICK continued speaking.
Rep. WILKINS spoke against the amendment.
Rep. LIMEHOUSE spoke in favor of the amendment.
Rep. WILKINS moved to table the amendment, which was not agreed to by a division vote of 11 to 50.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 3 (Doc. No. 5389Y), which was tabled.
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ______. Notwithstanding the definition of a 'child' or any other provision of the South Carolina Probate Code, when the will of a decedent provides that his property be left to his 'children' without any further clarifying or explanatory terms or conditions, this provision must be construed to mean to the children of the decedent per stirpes and not to the surviving children of the decedent./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. WILKINS spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 4 (Doc. No. 5400Y).
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION _____. Section 2-502, as contained in Section 1 of Act 539 of 1986, is amended by adding a new paragraph at the end to read:
"The testator or his designee of a will must sign the will in the presence of the attesting witness and the attesting witness must sign in the presence of the testator and his designee and in the presence of each other. This provision also applies to persons signing the will on behalf of the testator at his direction"/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. WILKINS spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 4, Rep. WILKINS having the floor.
The following was received from the Senate.
Columbia, S. C., May 28, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 593:
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 CROUP 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.
Very respectfully,
President
No. 187
On motion of Rep. WILKINS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. WILKINS, R. BROWN and J. BRADLEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The SPEAKER granted Rep. M.D. BURRISS a leave of absence from 3:30-6:30 P.M.
Rep. RUDNICK moved that the House recur to the morning hour, which was not agreed to.
Reps. McLELLAN and TOAL made statements relative to the Conference Committee on the General Appropriations Bill, H. 2590.
Rep. TOAL continued speaking.
The SPEAKER Pro Tempore granted Reps. H. BROWN, MAPPUS and LIMEHOUSE a temporary leave of absence.
Rep. KIRSH 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 11:00 A.M. tomorrow, which was agreed to.
Rep. KIRSH continued speaking.
Rep. McLELLAN 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.
H. 2590 -- Ways and Means Committee: (The General Appropriations Bill)
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Brown, J. Brown, R. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Day Edwards Elliott Evatt Faber Fair Ferguson Foster Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Lockemy Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson. Stoddard Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
Aydlette Boan Bradley, J. Burriss, J.H. Davenport Derrick Foxworth Klapman Kohn Koon Short Sturkie Winstead
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. McLELLAN, TOAL and KIRSH to the Committee of Free Conference and a message was sent to the Senate accordingly.
Rep. WASHINGTON moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3110 -- Rep. McEachin: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 12, 1987, FROM 11:30 A.M. TO 12:30 P.M.
At 4:55 P.M. the House in accordance with the motion of Rep. WASHINGTON adjourned to meet at 11:00 A.M. tomorrow.
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