Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
"O God, it is right for us to give praise to You in Zion and keep our promises to You, because You answer prayers. People everywhere will come to You on account of their sins. Our faults defeat us, but You forgive them.
Happy are those whom You choose, whom You bring to live in Your sanctuary. We shall be satisfied with the good things of Your house, the blessings of Your sacred temple.
You answer us by giving us victory, and You do wonderful things to save us. People all over the world and across the distant seas trust in You, You set the mountains in place by Your strength, showing Your mighty power. You calm the roar of the seas and the noise of the waves; You calm the uproar of the people.
The whole world stands in awe of the great things that You have done. Your deeds bring shouts of joy from one end of the earth to the other. You show Your care for the land by sending rain; You make it rich and fertile. You fill the steams with water; You provide the earth with crops.
This is how You do it: You send abundant rain on the plowed fields and soak them with water; You soften the soil with showers and cause the young plants to grow. What a rich harvest Your goodness provides!
Wherever You go there is plenty. The pastures are filled with flocks; the hillsides are full of joy. The fields are covered with sheep; the valleys are full of wheat. Everything shouts and sings for joy."
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.
June 2, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 671)
Dear Mrs. Shealy:
The State Budget and Control Board (State Fire Marshal) is hereby resubmitting with changes regulations relating to Portable and Fixed Station Fire Extinguishers, effective this date.
These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
May 28, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 851)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on May 28, 1987 regulations concerning Definitions - Pharmacist-in-Charge Required; Responsibilities from the South Carolina Board of Pharmacy.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
May 28, 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
Reappointment, Master-in-Equity, Orangeburg County, to serve full-time, with term to commence on August 15, 1987, and to expire on August 14, 1991:
Mr. Olin D. Burgdorf, P.O. Box 1185, Orangeburg, S.C. 29115
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
Rep. J. ROGERS, from the Marlboro Delegation, submitted a favorable report, on:
H. 3084 -- Rep. J. Rogers: A BILL TO AUTHORIZE THE BOARD OF EDUCATION IN MARLBORO COUNTY TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.
On motion of Rep. J. ROGERS, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3084 -- Rep. J. Rogers: A BILL TO AUTHORIZE THE BOARD OF EDUCATION IN MARLBORO COUNTY TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.
The Bill was read the second time and ordered to third reading.
On motion of Rep. J. ROGERS, with unanimous consent, it was ordered that H. 3084 be read the third time tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 363 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-125 SO AS TO REQUIRE WATERCRAFT TO SLOW TO NO WAKE SPEED WHEN OPERATED WITHIN TWO HUNDRED FEET OF PUBLIC BOAT LANDINGS OR RAMPS LOCATED ON LAKES AND RESERVOIRS CONSTRUCTED OR DEVELOPED FOR HYDROELECTRIC GENERATION AND TO PROHIBIT SWIMMING WITHIN FIFTY FEET OF THEM.
Ordered for consideration tomorrow.
Rep. JONES, from the Aiken Delegation, submitted a favorable report, on:
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.
On motion of Rep. HUFF, with unanimous consent, the following Joint Resolution was taken up for immediate consideration.
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.
The Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. HUFF, with unanimous consent, it was ordered that S. 825 be read the third time tomorrow.
The following was introduced:
H. 3228 -- Reps. Barfield and Elliott: A CONCURRENT RESOLUTION TO COMMEND MRS. ESTA JOHNSON OF LORIS, ONE OF HORRY COUNTY'S MOST DISTINGUISHED EDUCATORS, UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3232 -- Rep. Mattos: A CONCURRENT RESOLUTION CONGRATULATING THE ACADEMIC TEAM OF CAROLINA HIGH SCHOOL OF GREENVILLE COUNTY UPON TAKING FIRST PLACE IN THE NATIONAL QUIZ BOWL TOURNAMENT OF CHAMPIONS AT LAKE FOREST COLLEGE IN CHICAGO.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3229 -- Rep. Koon: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DIVORCES, SO AS TO DELETE "HABITUAL DRUNKENNESS" AS GROUNDS FOR DIVORCE AND ADD "ALCOHOL OR DRUG ABUSE" AS GROUNDS FOR DIVORCE.
Referred to Committee on Judiciary.
H. 3230 -- Rep. Koon: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO RESTATE THOSE GROUNDS IN ACCORDANCE WITH CHANGES TO THE CONSTITUTIONAL PROVISION CONCERNING DIVORCES; TO AMEND SECTION 20-3-130, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES, SO AS TO PROVIDE THAT NO PARTY WHO SUES FOR SEPARATION OR DIVORCE MAY BE AWARDED ALIMONY OR SEPARATE MAINTENANCE AT THE CONCLUSION OF THAT SUIT OR AT ANY LATER TIME, NOR MAY ANYONE BE AWARDED ANY INCREASE IN ALIMONY OR SEPARATE MAINTENANCE PAYMENTS WHICH ARE AWARDED PRIOR TO OR AFTER THE EFFECTIVE DATE OF THIS ACT UNLESS THE OTHER PARTY IS OR WAS STRICTLY PROVEN TO BE GUILTY OF ADULTERY, DESERTION, PHYSICAL CRUELTY, OR ALCOHOL OR DRUG ABUSE, PROVIDE FOR WHEN THE PROOF MUST BE GIVEN, AND PROVIDE FOR WHAT THE COURT MAY CONSIDER IN DETERMINING WHETHER ALIMONY OR SEPARATE MAINTENANCE PAYMENTS ARE TO BE AWARDED; TO AMEND SECTIONS 20-3-120, 20-3-140, AND 20-3-170, RELATING TO ALIMONY OR TO SUIT MONEY AND ALIMONY, SO AS TO SUBJECT THE PROVISIONS OF THOSE SECTIONS TO SECTION 20-3-130; AND TO PROVIDE THAT THIS ACT IS EFFECTIVE UPON RATIFICATION OF SEPARATE LEGISLATION WHICH AMENDS SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF THIS STATE REGARDING CHANGES TO THE GROUNDS FOR DIVORCE.
Referred to Committee on Judiciary.
H. 3231 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-11-3023, RELATING TO THE FRANCIS BEIDLER FOREST WILDLIFE SANCTUARY, SO AS TO CHANGE THE PENALTY TO PROVIDE FOR TRIAL IN MAGISTRATE'S COURT JURISDICTION ONLY.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Blackwell Boan Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, J.H. Carnell Chamblee Clyborne Cooper Dangerfield Day Edwards Elliott Faber Fair Ferguson Foster Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hayes Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McGinnis McKay McLellan McLeod, J.W. McTeer Moss Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. 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 Tuesday, June 2, 1987.
Bill Cork Roland S. Corning John Felder Ralph Davenport David O. Hawkins Will McCain E.B. McLeod Dell Baker James E. Lockemy R. Linwood Altman Olin R. Phillips Grady Brown Lenoir Sturkie Joyce Hearn Denny Neilson B.J. Gordon John J. Snow, Jr. Joseph McElveen Mickey Burriss Paul Derrick L. Edward Bennett John D. Bradley Tom Limehouse E. Crosby Lewis Parker Evatt
STATEMENTS OF ATTENDANCE
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 28, 1987.
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, June 1, 1987.
The SPEAKER granted Rep. BENNETT a temporary leave of absence to attend a Wildlife Commission meeting.
Rep. TUCKER moved to adjourn debate upon the following Bill, which was adopted.
H. 2183 -- Reps. Waldrop and Limehouse: A BILL TO AMEND SECTION 40-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT QUALIFIED PUREBRED LIVESTOCK AUCTIONEERS MAY BE EXEMPTED FROM EXAMINATION AND BONDING REQUIREMENTS BUT NOT FROM LICENSING AND LICENSE FEE PROVISIONS.
Rep. KLAPMAN moved to adjourn debate upon the following Bill, 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 Bills were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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 the following Bill, the pending question being the consideration of Amendment No. 4, Rep. WILKINS having the floor.
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 CHANCES 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. RUDNICK proposed the following Amendment No. 4 (Doc. No. 5686Y), which was tabled.
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 witnesses and the attesting witnesses must sign in the presence of the testator, and his designee if applicable, 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. WILKINS moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 46 to 11.
Rep. RUDNICK proposed the following Amendment No. 5 (Doc. No. 5399Y), which was adopted.
Amend the bill, as and if amended, by adding a section appropriately numbered to read:
/SECTION _____. Section 2-503, as contained in Section 1 of Act 539 of 1986 is amended by adding a new subsection to read:
"(c) A witness to any will who is also an officer authorized to administer oaths under the laws of this State may notarize the signature of the other witness of the will in the manner provided by this section."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 6 (Doc. No. 5337Y).
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ______. Subitem (1) of item (b) of Section 8-21-770 of the 1976 Code is further amended to read:
(1) In the administration of decedent estates, guardianships, and committeeships, costs shall be computer as follows:
(i) Property valuation less than $5,000.00 $20.00
(ii) Property valuation of $5,000 but less
than $20,000 $40.00
(iii) Property valuation of $20,000.00 but less
than $60,000.00 $60.00
(iv) Property valuation of $60,000 but less
than $100,000 $90.00
(v) Property valuation of $100,000.00 or higher $90.00, plus 1/10 of one percent of the property evaluation about $100,000.00 of twenty dollars regardless of property valuation; provided, that the fees fee as set out above shall include appointment of administrators, including administrators d. b. n., administrators d. b. n. c. t. a., ancillary administrators and temporary administrators; such the fee shall include as necessary the cost of receiving and filing petition, issuing citation, filing bond, determining qualification, issuing letters, providing original certificate of administration and copies thereof as required during administration, issuing warrant of appraisement and furnishing copies to the Tax Commission or other authority as required by law, receiving and filing accounts and other papers, and final discharge of administrator; provided, further, that proving a will in common form shall include receiving and filing petition, proof and filing of will, order admitting will to probate, qualification of executors or other fiduciaries, filing bond, issuing letters providing original certificate of appointment, and copies thereof as required during administration, providing certified copy of will to executors or other fiduciaries, issuing warrant of appraisement and furnishing copies to the Tax Commission or other authority as required by law, receiving and filing accounts and other papers, and final discharge of executor;/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK moved to adjourn debate upon the amendment, which was adopted.
Reps. RUDNICK, HUFF, TOAL and SHEHEEN proposed the following Amendment No. 7, which was tabled.
Amend as and if amended, Strike all after the enacting words to say:
The portion of the Probate Code which goes into effect on July 1, 1987 shall be effective March 1, 1988.
Rep. RUDNICK explained the amendment.
Rep. WILKINS spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 45 to 22.
Rep. TOAL proposed the following Amendment No. 8 (Doc. No. 5624Y), which was adopted.
Amend the amendment, as and if amended, in Section 21-21-35 of the 1976 Code, page 7, line 2, by striking /21-21-20/ and inserting /21-21-25/.
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 9 (Doc. No. 5663Y), which was tabled.
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ______. Section 3-1006, as contained in Section 1 of act 539 of 1986, is amended to read:
"Section 3-1006. Limitations on Actions and Proceedings Against Distributees. Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of (1) three years after decedent's death; or (2) one year after the time of distribution thereof. This section does not bar an action to recover property or value received as the result of fraud."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. TOAL spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 56 to 2.
Rep. RUDNICK proposed the following Amendment No. 10 (Doc. No. 5657Y), which was tabled.
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ______. Section 3-1006, as contained in Section 1 of Act 539 of 1986, is amended to read:
"Section 3-1006. Limitations on Actions and Proceedings Against Distributees. Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of (1) three years after the decedent's death; or (2) one year after the time of distribution thereof. This section does not bar an action to recover property or value received as the result of fraud."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. TOAL spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 38 to 17.
Debate was resumed on Amendment No. 6, by Rep. LIMEHOUSE.
Rep. WILKINS moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KLAPMAN, with unanimous consent, introduced the Brookland-Cayce Softball team, and commended them on winning the State Championship.
Rep. McLELLAN moved to adjourn debate upon the following Joint Resolution until Thursday, June 4, which was adopted.
H. 2930 -- Rep. McLellan: A JOINT RESOLUTION TO CONTINUE THE APPLICABLE PROVISIONS AND APPROPRIATIONS OF ACT 540 OF 1986 FOR A CERTAIN PERIOD.
The following Bill was taken up.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 5505Y), which was adopted.
Amend the bill, as and if amended, by striking SECTION 4 of the bill and inserting:
/SECTION 4. Section 44-7-320 of the 1976 Code is amended by adding the following paragraph:
"If a certificate of need has been issued with special conditions or restrictions attached, the department may permanently remove these conditions or restrictions or waive them on an annual basis without requiring a-new franchising application."/
Amend further by striking SECTION 5 of the bill and inserting:
/SECTION 5. Chapter 6 of Title 44 of the 1976 Code is amended by adding:
"Section 44-6-220. All applications for admission to a nursing home must contain a notice, to be signed by the applicant, stating:
'Eligibility for Medicaid sponsored long-term care services is based on income and medical necessity. To qualify for assistance through the Medicaid program, a nursing home patient must need intermediate or skilled nursing care as determined through an assessment conducted by Medicaid program staff. The fact that a patient has already been admitted to a nursing home is not considered in this determination. It is possible that a patient could exhaust all other means of paying for nursing home care and meet Medicaid income criteria but still be denied assistance due to the lack of medical necessity.
It is recommended that all persons seeking admission to a nursing home be assessed by the Medicaid program prior to admission. This assessment will provide information about the level of care needed and the viability of community services as an alternative to admission. The commission may charge a fee, not to exceed the cost of the assessment, to persons not eligible for Medicaid sponsored long-term care services."'/
Amend further by adding a new section to read:
/SECTION 6. Sections 1, 2, 3, and 5 of this act take effect July 1, 1988. Section 4 of this act takes effect July 1, 1987./
Amend title to conform.
Rep. BLACKWELL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that S. 251 be read the third time tomorrow.
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 ON 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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 28, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. MOSS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that S. 253 be read the third time tomorrow.
Further proceedings were interrupted by expiration of time on the uncontested calendar.
Rep. AYDLETTE moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3233 -- Reps. Townsend, T.C. Alexander, Chamblee, Cooper, P. Harris, Kay, McLellan and Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MATT LOCKE OF HONEA PATH UPON HIS DEATH AFTER A COURAGEOUS FIGHT AGAINST CANCER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3234 -- Reps. Petty, Davenport, Edwards, Ferguson, Hawkins, McGinnis and Wells: A CONCURRENT RESOLUTION COMMENDING W. MARSHALL CHAPMAN FOR OUTSTANDING WORK AND CONTRIBUTIONS TO THE TEXTILE INDUSTRY IN SOUTH CAROLINA DURING HIS TERM AS PRESIDENT OF THE SOUTH CAROLINA TEXTILE MANUFACTURERS' ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was received.
Columbia, S.C., June 2, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Saleeby, McConnell and Fielding of the Committee of Conference on the part of the Senate on 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. 14
Received as information.
The following was received.
Columbia, S.C., June 2, 1987
Mr. Speaker and Members of the House:
The Senate respectfully requests the return of H. 2072:
H. 2072 -- Reps. Fair, Beasley, Hayes, M.O. Alexander, G. Bailey, Baker, Barfield, Blackwell, H. Brown, R. Brown, M.D. Burriss, Chamblee, Clyborne, Cooper, Davenport, Elliott, Felder, Hearn, Jones, Kay, Kirsh, Lockemy, McGinnis, McTeer, Neilson, Nesbitt, Rice, Russell, Sharpe, Stoddard, Wells, Winstead, Corning, P. Bradley, Wilkins, L. Martin, T.M. Burriss, J.H. Burriss, Wilder, Day, McLellan, Haskins, Harvin and Waldrop: A BILL TO DESIGNATE SECTIONS 16-15-10 THROUGH 16-15-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, ARTICLE 1 OF CHAPTER 15 OF TITLE 16 OF THE 1976 CODE TO BE ENTITLED "MISCELLANEOUS OFFENSES", TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 IN CHAPTER 15 OF TITLE 16 SO AS TO PROVIDE FOR CRIMES RELATING TO OBSCENITY, MATERIAL HARMFUL TO MINORS, CHILD EXPLOITATION, AND CHILD PROSTITUTION AND TO PROVIDE PENALTIES, INCLUDING FORFEITURE, FOR VIOLATIONS, TO AMEND THE 1976 CODE BY ADDING SECTION 16-3-850 SO AS TO REQUIRE FILM PROCESSORS AND PHOTO FINISHERS WHO ARE REQUESTED TO DEVELOP FILM OF CHILDREN ENGAGING IN SEXUALLY EXPLICIT CONDUCT TO REPORT THE NAME AND ADDRESS OF THE INDIVIDUAL REQUESTING THE DEVELOPMENT TO THE LAW ENFORCEMENT OFFICIALS IN THE LOCALITY FROM WHICH THE FILM WAS ORIGINALLY FORWARDED; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THOSE CRIMES DESIGNATED FELONIES BY THE ARTICLE ADDED BY THIS ACT, AND TO REPEAL SECTIONS 16-15-260 THROUGH 16-15-440, RELATING TO OBSCENITY.
Very respectfully,
President
No. 190
Received as information.
On motion of Rep. FAIR, the Bill was ordered returned to the Senate as requested.
The following was received.
Columbia, S.C., June 2, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:00 Noon today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. WASHINGTON, the invitation was accepted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 3235 -- Reps. Moss and O. Phillips: A BILL TO AMEND SECTION 56-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A DEALER TO MAINTAIN HIS MOTOR VEHICLE DEALER'S LICENSE INCLUDING THE REQUIREMENT THAT HE MAINTAIN A BONA FIDE, ESTABLISHED PLACE OF BUSINESS, SO AS TO PROVIDE THAT A DEALER IS PERMITTED TO HAVE TENT SALES OR SALES AT TEMPORARY LOCATIONS AWAY FROM HIS ESTABLISHED PLACE OF BUSINESS PROVIDED ALL SALES TAXES, LICENSE FEES, AND OTHER REQUIRED FEES AND TAXES ARE PAID.
Referred to Committee on Education and Public Works.
Rep. TOAL moved to adjourn debate upon the following Bill, which was adopted.
H. 2183 -- Reps. Waldrop and Limehouse: A BILL TO AMEND SECTION 40-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT QUALIFIED PUREBRED LIVESTOCK AUCTIONEERS MAY BE EXEMPTED FROM EXAMINATION AND BONDING REQUIREMENTS BUT NOT FROM LICENSING AND LICENSE FEE PROVISIONS.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
S. 655 -- Senator Hayes: A BILL TO ESTABLISH THE LAKE WYLIE MARINE COMMISSION.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
S. 690 -- Senator Hayes: A BILL TO PROVIDE FOR THE LEVY OF SCHOOL TAXES IN YORK COUNTY.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
S. 691 -- Senator Hayes: A BILL TO AMEND ACT 246 OF 1983, RELATING TO THE LEVY AND DISTRIBUTION OF SCHOOL TAXES IN YORK COUNTY, SO AS TO REVISE THE MILLAGE.
The following Bill was taken up.
H. 3222 -- Reps. Blanding, Baxley, C. 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.
Reps. BLANDING, BAXLEY, G. BROWN, McELVEEN and E.B. McLEOD, with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 5675Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 7-7-501 of the 1976 Code, as last amended by Act 315 of 1986, is further amended to read:
"Section 7-7-501. In Sumter County there are the following voting precincts: Rembert; Horatio; Hillcrest; Oakland Plantation; Dalzell-DuBose Ebenezer; Horsepen Branch Dalzell; Oswego; Mayesville; Salem; Taylors; Shiloh; Pleasant Grove-Trinity; Brogdon; Concord; Mulberry; Salterstown; Folsom Park; Green Swamp; Palmetto Park; Burns-Downs; Second Mill; Swan Lake; Morris College; Hampton Park; Crosswell; Loring; Lemira; Magnolia; Stone Hill; South Red Bay; Wilder; Old Pocalla; Savage-Glover; Bates; Birnie; South Liberty; Millwood; Causeway Branch; McCray's Mill North; McCray's Mill South; Sunset; Delaine; Cherryvale; Manchester Forest; Pinewood; Pocotaligo; and Privateer.
The present boundaries of these precincts are hereby modified as shown on the official map on file with the Division of Research and Statistical Services of the South Carolina Budget and Control Board and as shown on certified copies provided to the State Election Commission and the Board of Voter Registration of the county by the Division of Research and Statistical Services.
The property on which the Sumter Elk's Club is situated is transferred to the Second Mill Precinct."
SECTION 2. Section 7-7-502 of the 1976 Code, as last amended by Act 315 of 1986, is further amended to read:
"Section 7-7-502. In Sumter County the voting places of the various precincts are as follows:
Precinct Name Voting Place
Rembert Precinct Rembert Fire Station
Horatio Precinct Horatio Fire Station
Hillcrest Precinct Hillcrest School
Oakland Plantation Precinct Oakland School
Dalzell-DuBose Ebenezer Precinct Ebenezer Jr High School
Horsepen Branch Dalzell Precinct Dalzell Fire Station
Oswego Precinct Oswego Community Center
Mayesville Precinct Town Hall
Salem Precinct Rural Fire Station on
Highway 378
Goodwill Headstart Center
Taylors Precinct Fire Station No 18 on
Douglas Swamp Road
Shiloh Precinct Shiloh Community Center
Pleasant Grove-Trinity Precinct Fire Station No 4 on
Pleasant Grove Road
Brogdon Precinct Mayewood High School
Concord Precinct Pocataligo Community Center
Mulberry Precinct National Guard Armory
Salterstown Precinct Salterstown Community
Folsom Park Precinct District #17 Warehouse on
Miller Rd. Green
Swamp Precinct Alice Drive Middle School
Palmetto Park Precinct Sumter Area Technical College
Burns-Downs Precinct Alice Drive Fire Station
Second Hill Precinct Elk's Club
Swan Lake Precinct Willow Drive Elementary School
Morris College Precinct Optimist Club Morris
Collage Campus
Hampton Park Precinct Memorial Park Center
Crosswell Precinct Crosswell Elementary School
Loring Precinct Bethel A.M.E. Church
Sumter Art Gallery
Portable Building
Lemira Precinct Lemira Elementary School
Magnolia Precinct Hampton Fire Station
Stone Hill Precinct Jehovah Baptist Church
South Red Bay Precinct Fire Station on Highway 521
Wilder Precinct Wilder Elementary School
Old Pocalla Precinct Union Hall
Savage-Glover Precinct Salem Baptist Church
Bates Precinct Bates Middle School
Birnie Precinct Birnie Center
South Liberty Precinct Sumter Parks and Recreation
Millwood Precinct Millwood Elementary School
Causeway Branch Precinct Faith Presbyterian Church
McCray's Mill North Precinct Allen Chapel A.M.E. Church
McCray's Hill South Precinct Sumter High School
Sunset Precinct Spectrum
Delaine Precinct Delaine Elementary School
Cherryvale Precinct Cherryvale Fire Station
Manchester Forest Precinct Wedgefield Fire Station
Pinewood Precinct Manchester School
Pocotaligo Precinct New Bethel Baptist Church
Privateer Precinct Furman High School."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the third time and ordered sent to the Senate.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
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.
The following Bill was taken up.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 5491Y), which was adopted.
Amend the bill, as and if amended, in Section 39-55-100 of the 1976 Code, as contained in SECTION 1, page 1, line 26, by inserting before /Where//(A)/; on line 36, by inserting before /This/ /(B)/; and by inserting after line 44:
/(C) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days./
When amended Section 39-55-100 of the 1976 Code shall read:
/Section 39-55-100. (A) Where the excavation can be accomplished without drilling or the use of equipment other than a shovel, funeral vaults must be at least ten inches below the earth's surface. As used in this section, 'funeral vaults' means caskets, grave liners, or other outer burial containers. It does not include markers, monuments, or crypts constructed in a mausoleum or columbarium.
(B) This section does not apply to cemeteries located in the Coastal/Low Land areas which are subject to tidal or surface flooding or have a high level water table, except that vaults may be placed level with the ground in Coastal/Low Land cemeteries where the water table is at least two feet below ground level and which cemeteries are not subject to tidal or surface water flooding.
(C) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days./
Amend title to conform.
Rep. MOSS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WINSTEAD, with unanimous consent, it was ordered that S. 177 be read the third time tomorrow.
The following Joint Resolution was taken up.
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.
Rep. FOSTER moved to table the Joint Resolution, which was agreed to.
Rep. FOXWORTH moved to adjourn debate upon the following Bill, which was adopted.
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 CHANCE THE REFERENCES TO THE LOCAL INSPECTOR OF THE DIVISION OF COMMERCIAL FISHERIES TO THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT.
The following Bill was taken up.
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.
Rep. T. M. BURRISS proposed the following Amendment No. 1 (Doc. No. 5704Y).
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 39-57-50 of the 1976 Code is amended to read:
"Section 39-57-50. (a) The seller of every business opportunity shall file with the Secretary of State a copy of the disclosure statement required by Section 39-57-30 prior to before placing any advertisement or making any other representations to prospective purchasers in this State, and shall update this filing as any material change in the required information occurs, but no less than annually. If the seller is required by Section 39-57-40 to provide a bond or establish a trust account, he shall contemporaneously shall file with the Secretary of State a copy of the bond or a copy of the formal notification by the depository that the trust account is established. The Secretary of State shall charge a nonrefundable filing fee of fifty dollars for processing and maintaining the information filed by the seller.
(b) The Secretary of State shall maintain a record of all sellers registering under this chapter and shall assign a registration number to each. The seller shall must be advised in writing of the assigned registration number, and any advertisements, pamphlets, or brochures used in the promotion of the business opportunity by the seller shall must include the assigned registration number in the following manner: 'S.S. Reg. No. ___.'
(c) Any person who fails to file shall be deemed is guilty of a misdemeanor and upon conviction shall must be fined in an amount not to exceed two hundred dollars or imprisoned for not more than thirty days. Each day in which a person fails to file shall constitute constitutes a separate offense."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. T.M. BURRISS explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
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.
Rep. OGBURN explained the Bill.
Reps. MAPPUS and FOXWORTH objected to the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
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.
Reps. WINSTEAD, G. BROWN and HEARN objected to the Bill.
The following Bill was taken up.
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.
Rep. EDWARDS objected to the Bill.
The Bill was read the second time and ordered to third reading.
At 12:00 Noon the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R174) S. 367 -- Senator Drummond: AN ACT TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS; AMEND SECTION 40-47-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF PHYSICIANS' ASSISTANTS AT MEETINGS OF THE BOARD, SO AS TO REQUIRE THE BOARD TO EXPLORE THE POSSIBILITY OF ADMINISTERING ITS OWN EXAMINATION FOR PURPOSES OF DETERMINING A PHYSICIANS' ASSISTANTS' COMPETENCY PRIOR TO ISSUING A TEMPORARY OR PERMANENT CERTIFICATE; AUTHORIZE THE BOARD TO IMPOSE AN EXAMINATION FEE TO COVER THE COSTS AND EXPENSES OF ADMINISTERING THE EXAMINATION; AND AUTHORIZE A SUPERVISING PHYSICIAN, IF EMPLOYED IN A PUBLICLY SUPPORTED OR CHARITABLE INSTITUTION PROVIDING FREE OR REDUCED-FEE SERVICES, TO SUPERVISE MORE THAN ONE PHYSICIAN'S ASSISTANT UNDER ARRANGEMENTS APPROVED BY THE BOARD.
(R175) S. 748 -- Senator Bryan: AN ACT TO AMEND ACT 464 OF 1986, RELATING TO THE ADOPTION OF CHILDREN, SO AS TO PROVIDE FOR ADOPTION PROCEEDINGS IN PROGRESS BEFORE THE EFFECTIVE DATE OF THE ACT IN WHICH CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR THE PURPOSE OF ADOPTION BEFORE THE EFFECTIVE DATE, WHETHER OR NOT A PETITION HAS BEEN FILED BEFORE THAT DATE, TO BE CARRIED TO CONCLUSION PURSUANT TO THE ADOPTION PROVISIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS THEY EXISTED BEFORE THE EFFECTIVE DATE.
(R176) S. 577 -- Senators Hayes, McConnell, Long, Dennis, Branton, Bryan, Courson, Doar, Drummond, Fielding, Garrison, Giese, Hinson, Holland, Leatherman, Lee, Leventis, Lindsay, Lourie, Macaulay, Martin, Matthews, McGill, McLeod, Moore, Patterson, Peeler, Pope, Powell, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Thomas E. Smith, Jr., Thomas, Waddell and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO ESTABLISH A STATE GRAND JURY BY GENERAL LAW; AND PROPOSING AN AMENDMENT TO SECTION 11 OF ARTICLE I OF THE CONSTITUTION, RELATING TO THE REQUIREMENT THAT NO PERSON MAY BE HELD TO ANSWER FOR ANY CRIME WHERE THE PUNISHMENT EXCEEDS A FINE OF TWO HUNDRED DOLLARS OR IMPRISONMENT FOR THIRTY DAYS, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY OF THE COUNTY WHERE THE CRIME HAS BEEN COMMITTED, WITH CERTAIN EXCEPTIONS SO AS TO PROVIDE THAT NOTHING CONTAINED IN THE CONSTITUTION IS DEEMED TO LIMIT OR PROHIBIT THE ESTABLISHMENT BY THE GENERAL ASSEMBLY OF A STATE GRAND JURY WITH THE AUTHORITY TO RETURN INDICTMENTS AND WITH THAT OTHER AUTHORITY, INCLUDING PROCEDURE, AS THE GENERAL ASSEMBLY MAY PROVIDE.
(R177) S. 720 -- Senators McConnell, Fielding and Branton: AN ACT 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, INCLUDING REFUNDING BONDS, AND PROVIDE FOR APPLICATION OF THE PROCEEDS OF REFUNDING BONDS, INCLUDING PRINCIPAL, PREMIUM, AND INTEREST, TO THE PURPOSE FOR WHICH THE BONDS ARE ISSUED.
(R178) S. 578 -- Judiciary Committee: AN ACT TO AMEND SECTION 7-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED PROCEDURE WHEN A VOTER HAS BEEN CHALLENGED, SO AS TO PROVIDE FOR THE RESULTS WHEN EVIDENCE IS OFFERED AND NOT OFFERED TO SUSTAIN AN OBJECTION TO A VOTE; THE CERTIFICATION PROCEDURE THAT MUST BE FOLLOWED BY THE BOARD OF REGISTRATION WHEN A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK IS ALLOWED TO VOTE A CHALLENGED BALLOT; AND FOR AN ADMINISTRATIVE CHALLENGE IF THE PERSON CHALLENGED IS NOT A QUALIFIED ELECTOR.
(R179) S. 718 -- Senators McConnell, Fielding and Branton: AN ACT 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, PERMIT THE PROCEEDS TO BE USED TO REFUND BONDS OR OTHER OBLIGATIONS ISSUED TO DEFRAY THE COSTS OF ACQUIRING FACILITIES IMPROVEMENTS, AND PROVIDE FOR THE APPLICATION OF PROCEEDS OF REFUNDING BONDS, INCLUDING PRINCIPAL, PREMIUM, AND INTEREST, TO THE PURPOSE FOR WHICH THE BONDS ARE ISSUED.
(R180) S. 604 -- Senators Pope, Lee, Giese, Horace C. Smith, Holland, Hinson and J. Verne Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-130 SO AS TO PROVIDE THAT ANY MEMBER OF A FIRE DEPARTMENT, COUNTY VETERANS AFFAIRS OFFICER, CONSTABLE, OR MUNICIPAL JUDGE SERVING AS ATTORNEY FOR ANOTHER CITY IS NOT CONSIDERED TO BE A DUAL OFFICEHOLDER, BY VIRTUE OF SERVING IN THAT CAPACITY, FOR THE PURPOSES OF THE CONSTITUTION.
(R181) S. 102 -- Senators J. Verne Smith, McLeod, Setzler, E. Patterson, Lourie, Theodore and Nell W. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-375 SO AS TO PROVIDE THAT THE POSSESSION OF LESS THAN ONE GRAM OF CRACK COCAINE IS A MISDEMEANOR AND PROVIDE PENALTIES UPON CONVICTION, TO PROVIDE THAT A SECOND AND SUBSEQUENT CONVICTION OF THIS OFFENSE IS A FELONY, TO PROVIDE THAT THE MANUFACTURE, DISTRIBUTION, DISPENSATION, OR THE POSSESSION WITH INTENT TO DISTRIBUTE OR DISPENSE CRACK COCAINE IS A FELONY AND PROVIDE PENALTIES UPON CONVICTION, TO PROVIDE THAT THE POSSESSION OF ONE OR MORE GRAMS OF CRACK COCAINE IS PRIMA FACIE EVIDENCE OF A VIOLATION OF THIS FELONY, TO PROVIDE THAT SENTENCES FOR VIOLATION OF THE PROVISIONS OF SECTION 44-53-375 MAY NOT BE SUSPENDED AND PROBATION MAY NOT BE GRANTED EXCEPT FOR A FIRST OFFENSE; TO AMEND SECTION 44-53-110, RELATING TO DEFINITIONS OF NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO DEFINE "CRACK COCAINE"; TO AMEND SECTION 44-53-440, RELATING TO THE FELONY OF DISTRIBUTING A CONTROLLED SUBSTANCE CLASSIFIED IN SECTION 44-53-190(b)(c) (SCHEDULE 1) WHICH IS A NARCOTIC DRUG OR LYSERGIC ACID DIETHYLAMIDE (LSD) AND IN SECTION 44-53-210 (SCHEDULE II) WHICH IS A NARCOTIC DRUG TO A PERSON UNDER THE AGE OF EIGHTEEN, SO AS TO MAKE IT A SEPARATE OFFENSE FOR VIOLATIONS OF THIS SECTION AND INCLUDE IN IT A VIOLATION OF SECTION 44-53-375(B); TO AMEND SECTION 44-53-445, RELATING TO THE CRIME OF DISTRIBUTING, SELLING, OR MANUFACTURING, OR UNLAWFULLY POSSESSING WITH INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL, SO AS TO PROVIDE A SEPARATE PENALTY UPON CONVICTION WHEN A VIOLATION OF THIS SECTION INVOLVES CRACK COCAINE; TO ADD THE FELONIES ESTABLISHED BY THE PROVISIONS OF SECTION 44-53-375 TO THE LIST OF FELONIES IN SECTION 16-1-10 WITH THE EXCEPTION OF THE CONVICTION OF THE FIRST OFFENSE POSSESSION OF LESS THAN ONE GRAM OF CRACK COCAINE; AND TO REPEAL SECTION 44-53-510 RELATING TO THE REQUIREMENT THAT ALL ARRESTS FOR DRUG AND NARCOTIC VIOLATIONS BE REPORTED TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE COMMISSION ON ALCOHOL AND DRUG ABUSE.
(R182) S. 189 -- Senator Wilson: AN ACT TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE REGISTRATION AND LICENSE PLATES FOR PRISONERS OF WAR, SO AS TO PROVIDE THAT A SURVIVING SPOUSE MAY RETAIN THE LICENSE PLATE AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO AD VALOREM TAX EXEMPTIONS, SO AS TO EXTEND TO THE SURVIVING SPOUSE OF A PRISONER OF WAR THE PERSONAL VEHICLE TAX EXEMPTION.
(R183) S. 166 -- Senator Holland: AN ACT TO AMEND SECTION 7-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS AS A QUALIFICATION.
(R184) S. 555 -- Judiciary Committee: AN ACT TO AMEND ARTICLE 3 OF CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-355 SO AS TO PROVIDE THAT NO QUESTION MAY BE SUBMITTED TO THE QUALIFIED ELECTORS IN A REFERENDUM HELD AT THE TIME OF A GENERAL ELECTION UNLESS THE QUESTION IS SUBMITTED TO THE APPROPRIATE ELECTION COMMISSION NO LATER THAN 12:00 NOON ON SEPTEMBER FIRST.
(R185) S. 314 -- Senator Drummond: AN ACT TO AMEND SECTION 1-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATES FOR PARTICULAR STATE AGENCIES, COMMISSIONS, AND BOARDS, SO AS TO DELETE THE JOINT LIAISON COMMITTEE ON SMALL BUSINESS WHICH IS SCHEDULED FOR TERMINATION ON JUNE 30, 1987.
(R186) S. 344 -- Senator Drummond: AN ACT TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS; AND TO AMEND SECTION 40-69-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP AND QUALIFICATIONS AND TERMS OF THE BOARD, SO AS TO PROVIDE THAT THE BOARD INSTEAD OF THE SOUTH CAROLINA VETERINARIANS' ASSOCIATION SHALL CONDUCT AN ELECTION TO NOMINATE PERSONS TO THE BOARD.
(R187) S. 389 -- Senator McGill: AN ACT TO AUTHORIZE THE WILLIAMSBURG COUNTY SCHOOL DISTRICT TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS.
(R188) S. 157 -- Senators Williams and Leatherman: AN ACT 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.
(R189) S. 119 -- Senators Garrison and Giese: AN ACT 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.
(R190) S. 710 -- Senators Lourie, J. Verne Smith, Courson, Branton, Macaulay, Mitchell, Bryan, Wilson, Setzler, Giese, Nell W. Smith and Stilwell: AN ACT TO REQUIRE INVESTIGATION BY LOCAL LAW ENFORCEMENT AGENCIES, WITH ASSISTANCE FROM 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 BEVERAGES CONTAINING ALCOHOL,ILLEGAL DRUGS, OR CONTROLLED SUBSTANCES IS SUSPECTED TO BE A CAUSE.
(R191) H. 2868 -- Reps. Evatt, Beasley and Hayes: AN ACT TO AMEND SECTIONS 12-7-2415 AND 12-7-2416, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHECK-OFF CONTRIBUTIONS FOR THE NONGAME WILDLIFE AND NATURAL AREAS PROGRAM AND FOR THE CHILDREN'S TRUST FUND APPEARING ON THE STATE INDIVIDUAL TAX RETURN, SO AS TO REQUIRE THE CHECKOFFS ON ALL STATE INCOME TAX RETURNS AND TO DELETE THE REFERENCES TO THE SPECIFIC LANGUAGE OF THE CHECK-OFFS APPEARING ON THE RETURNS.
(R192) H. 2035 -- Reps. J. Bradley, P. Bradley and Corning: AN ACT 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 PURPLE HEART.
(R193) H. 2737 -- Reps. Foxworth, Holt, Whipper, J. Bradley, Kohn, Aydlette, Dangerfield and D. Martin: AN ACT TO AMEND SECTION 51-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO REVISE THE COMMISSION MEMBERS TO EXCLUDE THE ATTORNEY GENERAL AND ALLOW THE CHAIRMEN OF THE DEPARTMENTS OF PARKS, RECREATION AND TOURISM, AND ARCHIVES AND HISTORY, OR DESIGNEES TO VOTE AS MEMBERS, DELETE OBSOLETE REFERENCES TO INITIAL APPOINTEES AND COMMISSION MEMBERS WHO ARE MEMBERS OF THE SOUTH CAROLINA AMERICAN REVOLUTION BICENTENNIAL COMMISSION AND SUBSTITUTE A MEMBER OF THE SENATE APPOINTED BY THE PRESIDENT AND A MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER, AND PROVIDE FOR THE ATTORNEY GENERAL TO ADVISE THE COMMISSION.
(R194) H. 2753 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 822, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R195) H. 2214 -- Rep. J. Bradley: AN ACT TO AMEND SECTION 29-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF LAUNDRIES, DRY CLEANING ESTABLISHMENTS, AND OTHER ESTABLISHMENTS ENGAGED IN THE CLEANING OR ALTERATION OF PERSONAL PROPERTY, SO AS TO DELETE THE REQUIREMENT THAT THE MAIL, REQUIRED TO BE SENT TO THE PERSON LEAVING THE PROPERTY AT THE ESTABLISHMENT BEFORE THE PROPERTY MAY BE SOLD, BE REGISTERED WITH RETURN RECEIPT REQUESTED.
(R196) H. 3092 -- Reps. Lockemy, J. Rogers and J.W. McLeod: a JOINT RESOLUTION TO PROHIBIT DEER HUNTING IN A DESIGNATED AREA OF DILLON AND MARLBORO COUNTIES FROM SEPTEMBER 15, 1987, THROUGH JANUARY 1. 1993.
(R197) H. 2792 -- Reps. Lockemy and J.W. McLeod: AN ACT TO TRANSFER THE ASSETS OF THE DILLON COUNTY HISTORIC PRESERVATION COMMISSION TO THE DILLON COUNTY THEATER ASSOCIATION AND TO REPEAL ACT 1027 OF 1966 RELATING TO THE CREATION OF THE DILLON COUNTY HISTORIC PRESERVATION COMMISSION.
(R198) H. 2512 -- Reps. Townsend, Kay, Chamblee and McAbee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-3-175 SO AS TO PROVIDE FOR AN AGRIBUSINESS LICENSE AND A SINGLE BOND ISSUED BY THE STATE DEPARTMENT OF AGRICULTURE IN LIEU OF A LICENSE OR PERMIT AND A SEPARATE BOND FOR SEED DEALERS, DEALERS IN AGRICULTURAL PRODUCTS, PUBLIC WEIGHMASTERS, AND DEPUTY WEIGHMASTERS.
(R199) H. 2714 -- Rep. Wilkins: AN ACT TO AMEND SECTION 17-3-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS AND THE APPROPRIATION FOR EXPENSES OF APPOINTED PRIVATE COUNSEL AND PUBLIC DEFENDERS, SO AS TO PROVIDE THAT THIS FUND MUST BE USED FOR REIMBURSEMENT FOR NECESSARY EXPENSES, NOT TO EXCEED TWO THOUSAND DOLLARS FOR EACH CASE, ACTUALLY INCURRED IN THE REPRESENTATION OF PERSONS PURSUANT TO CHAPTER 3 OF TITLE 17.
(R200) H. 2966 -- Rep. J.C. Johnson: AN ACT TO AMEND SECTION 27-31-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF THE MASTER DEED OR LEASE IN A HORIZONTAL PROPERTY REGIME, SO AS TO ADD A NEW REQUIREMENT THAT ANY RESTRICTION OR LIMITATION ON THE LEASE OF A UNIT MUST BE IN THE MASTER DEED OR LEASE.
(R201) H. 2648 -- Reps. Wilkins, Evatt, Beasley and Corning: AN ACT TO AMEND SECTION 20-7-1740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AN INVESTIGATION BE MADE BY A PRIVATE OR PUBLIC WELFARE ORGANIZATION TO BE FILED WITH THE COUNTY WHEN THE FILING OF PETITION FOR ADOPTION IS MADE, SO AS TO ESTABLISH THE SPECIFIC TYPES OF INVESTIGATIONS AND REPORTS WHICH MUST BE COMPLETED PRIOR TO THE FINAL HEARING FOR ADOPTION; AND TO AMEND SECTION 20-7-1780, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL HEARINGS AND RECORDS HELD IN PROCEEDINGS UNDER ARTICLES 7, 9, AND 11, CHAPTER 7, TITLE 20 MUST BE CONFIDENTIAL AND HELD IN CLOSED COURT, SO AS TO REQUIRE THAT ALL FILES AND RECORDS PERTAINING TO ADOPTION PROCEEDINGS IN THE DEPARTMENT OF SOCIAL SERVICES ALSO MUST BE CONFIDENTIAL AND WITHHELD FROM INSPECTION IF THEY ARE MAINTAINED BY ANY PERSON CERTIFIED UNDER THE PROVISIONS OF SECTION 20-7-1750.
(R202) H. 3052 -- Rep. Gregory: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT NOT EXCEEDING ONE MILLION TWO HUNDRED THOUSAND DOLLARS, BUT IN NO EVENT TO EXCEED ITS CONSTITUTIONAL DEBT LIMIT FOR CERTAIN PURPOSES, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF BONDS.
(R203) H. 2948 -- Rep. Pearce: AN ACT TO REPEAL CHAPTER 45, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAINT LAW.
(R204) H. 2973 -- Reps. T. Rogers, J. Harris, J.H. Burriss, Shelton and Keyserling: AN ACT TO AMEND CHAPTER 68 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT LEGISLATIVE COMMITTEE ON CULTURAL AFFAIRS, BY ADDING SECTION 2-68-40 SO AS TO CREATE THE SOUTH CAROLINA FOLK HERITAGE AWARD, PROVIDE FOR THE CRITERIA FOR THE AWARD, AND TO CREATE AN ADVISORY COMMITTEE TO CHOOSE AWARD RECIPIENTS.
(R205) H. 2359 -- Reps. Hearn, Day and Moss: AN ACT TO AMEND SECTIONS 43-33-20 AND 43-33-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS TO EQUAL ACCESS TO PUBLIC ACCOMMODATIONS AND HOUSING, SO AS TO EXTEND THE RIGHTS ALLOWED BLIND AND DEAF PERSONS WITH GUIDE DOGS TO ALL HANDICAPPED PERSONS REQUIRING ASSISTANCE DOGS; AND TO AMEND SECTION 43-33-30, RELATING TO THE DUTIES OF DRIVERS IN APPROACHING PERSONS WITH WHITE CANES OR GUIDE DOGS, SO AS TO EXTEND THE PROVISIONS TO INCLUDE ASSISTANCE DOGS ACCOMPANYING ANY HANDICAPPED PERSON.
At 12:10 P.M. the House resumed, the SPEAKER in the Chair.
Rep. TOAL moved to adjourn debate upon the following Bill until Wednesday, June 3, which was adopted.
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.
Rep. McABEE moved to adjourn debate upon the following Bill until Wednesday, June 3, which was adopted.
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.
Rep. WASHINGTON moved that the House recede until 2:00, which was adopted.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. ELLIOTT a leave of absence for the remainder of the day due to illness.
Rep. McABEE moved to reconsider the vote whereby debate was adjourned on the following Bill, which was not agreed to.
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.
Rep. WHITE moved to adjourn debate upon the following Joint Resolution until Wednesday, June 3, which was adopted.
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.
Rep. WHITE moved to adjourn debate upon the following Joint Resolution until Wednesday, June 3, which was adopted.
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.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
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.
Rep. HELMLY explained the Joint Resolution.
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.
Rep. WHITE explained the Joint Resolution.
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.
Rep. HELMLY explained the Joint Resolution.
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.
Rep. L. MARTIN explained the Joint Resolution.
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.
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.
Rep. L. MARTIN explained the Joint Resolution.
On motion of Rep. ARTHUR, with unanimous consent, it was ordered that S. 814 be read the third time tomorrow.
On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 817 be read the third time tomorrow.
Rep. L. MARTIN moved to adjourn debate upon the following Joint Resolution until Wednesday, June 3, which was adopted.
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.
Rep. HELMLY moved to reconsider the vote whereby the following Joint Resolution was given a second reading, which was agreed to.
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.
Rep. HELMLY moved to table the Joint Resolution, which was agreed to.
Rep. WHITE moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution until Wednesday, June 3, which was agreed to.
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.
Rep. WHITE moved to table the Joint Resolution, which was agreed to.
Rep. WHITE moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution until Wednesday, June 3, which was agreed to.
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.
Rep. WHITE moved to table the Joint Resolution, which was agreed to.
Rep. CARNELL moved to adjourn debate upon the following Bill, which was adopted.
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. L. MARTIN moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution, which was agreed to.
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.
Rep. L. MARTIN moved to table the Joint Resolution, which was agreed to.
Rep. BLACKWELL moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
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 proposed the following Amendment No. (Doc. No. 5656Y), which was adopted.
Amend the bill, as and if amended, by adding the following at the end of Section 57-3-910 as contained in SECTION 1:
/Special identification cards issued to persons under the age of twenty-one must be marked, stamped, or printed to readily indicate that the person to whom the card is issued is under the age of twenty-one."
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 2 (Doc. No. 5685Y), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. The 1976 Code is amended by adding:
"Section 57-3-911. It is unlawful for any person to:
(1) alter a special identification card so as to provide false information on the card or to sell or issue a fictitious special identification card;
(2) use a special identification card not issued to the person, an altered special identification card, or a special identification card containing false information to defraud another or violate the law;
(3) to lend his special identification card to any person or knowingly permit its use by another.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days."/
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following was received.
Columbia, S.C., June 2, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:30 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. J. ROGERS, the invitation was accepted.
Rep. DAY withdrew his objection to H. 2593 however, other objections remained upon the Bill.
Rep. HEARN withdrew her objection to the following Bill whereupon objections were raised by Reps. BLANDING and COOPER.
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.
On motion of Rep. McABEE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
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.
Rep. McABEE moved to waive Rule 5.12, which was agreed to by a division vote of 67 to 0.
Rep. KLAPMAN asked unanimous consent to recall S. 139 from the Committee on Judiciary.
Rep. WILKINS objected.
On motion of Rep. CARNELL, with unanimous consent, the Senate amendments to the following Bill were taken up for consideration.
S. 84 -- Senators McConnell and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY CHARGE A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED AND SET BY STATUTORY LAW AND TO DEFINE STATUTORY LAW.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
Further proceedings were interrupted by the Ratification of Acts.
At 2:30 P.M. the House attended in the Senate Chamber, where the following Act was duly ratified.
(R206) 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: AN ACT 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.
At 2:37 P.M. the House resumed, the SPEAKER in the Chair.
The following was received.
Columbia, S. C., June 2, 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. 543:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 191
Received as information.
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. McABEE explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 2941 -- Rep. Townsend: A BILL TO AMEND SECTION 46-21-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLAINTS BY FARMERS AGAINST SEED DEALERS FOR FAILURE OF SEED TO PERFORM AS LABELED, SO AS TO PROVIDE THAT THE REQUIREMENTS FOR FILING A COMPLAINT MUST BE ATTACHED TO THE ANALYSIS LABEL ON THE PACKAGE CONTAINING THE SEED, OR POSTED IN A PROMINENT LOCATION ON THE PREMISES OF THE SEED DEALER'S PLACE OF BUSINESS, AT THE TIME OF PURCHASE BY THE FARMER, TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO FURNISH TO A SEED DEALER, UPON REQUEST, THE REQUISITE NOTICE FOR POSTING PURPOSES REGARDING THE REQUIREMENTS FOR FILING A COMPLAINT, ALLOW THE DEPARTMENT TO CHARGE A CERTAIN FEE FOR EACH NOTICE REQUESTED, REQUIRE THE DEPARTMENT TO PREPARE THE NOTICE USED FOR POSTING PURPOSES SO THAT THE NOTICE USED IS UNIFORM THROUGHOUT THE STATE, AND PROVIDE THAT THE ONLY NOTICE WHICH MAY BE USED FOR POSTING PURPOSES IS THAT FURNISHED BY THE DEPARTMENT.
Rep. TOWNSEND explained the Senate amendment.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 2102 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-17-415 SO AS TO REQUIRE THAT THE RESULTS OF A COMPLETE PHYSICAL EXAMINATION OF A PERSON FIFTY-FIVE YEARS OF AGE OR OLDER MUST ACCOMPANY THE PETITION FOR EMERGENCY ADMISSION TO A MENTAL HEALTH FACILITY.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 2700 -- Reps. Limehouse and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES FOR THE 1987-88 SCHOOL YEAR AND FOR ALL SCHOOL YEARS THEREAFTER TO BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL AND TO AUTHORIZE THE COUNTY COUNCIL TO SET THE NECESSARY TAX MILLAGE AFTER APPROVAL OF THE BUDGETS.
Rep. G. BAILEY proposed the following Amendment No. 5 (Doc. No. 5577Y), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2, page 1, beginning on line 36, and inserting:
/SECTION 2. For each school year after 1987-88, the tax millage for the annual operating budget for Dorchester County School District No. 4 set by the Dorchester County Council may not increase more than four mills beyond the revenue requirements of Section 12-35-1557 of the 1976 Code./
Amend title to conform.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
S. 18 -- Senators Lee, Pope, Hayes and Giese: A BILL TO AMEND SECTION 33-55-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECOVERY AGAINST A CHARITABLE ORGANIZATION, SO AS TO LIMIT RECOVERY OF ACTUAL DAMAGES AGAINST A PHYSICIAN PERFORMING SERVICES WITHOUT CHARGE IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CANCER CLINIC TO TWO HUNDRED THOUSAND DOLLARS.
Rep. J.W. JOHNSON explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 2632 -- Reps. Ogburn, J.W. McLeod, G. Bailey, J. Harris, Boan, M.O. Alexander, Ferguson, Beasley, Lockemy, Neilson and J. Bradley: A BILL TO AMEND SECTION 38-37-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO PROVIDE THAT ALL THE MEMBERS OF THE GOVERNING BOARD MUST BE RESIDENTS OF SOUTH CAROLINA.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 2064 -- Rep. Kirsh: A BILL TO AMEND SECTION 57-1-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR ALL EXPENSES PAID BY THE DEPARTMENT TO IMPLEMENT THE DEDICATION OF A ROAD OR BRIDGE, SO AS TO AUTHORIZE THE DEPARTMENT TO BE REIMBURSED FOR ALL EXPENSES TO IMPLEMENT THE DEDICATION FROM FUNDS ALLOCATED UNDER THE PROVISIONS OF SECTION 12-27-400 INSTEAD OF SECTION 12-27-380.
Rep. KIRSH explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 2255 -- Reps. Boan and Hodges: A BILL TO AMEND SECTION 5-37-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF IMPROVEMENT DISTRICTS WITHIN CITIES, SO AS TO REVISE THE PROCESS REQUIRED FOR CREATION OF A DISTRICT.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 2446 -- Reps. Wilkins and Sheheen: A BILL TO AMEND SECTION 17-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING OF A DEFENDANT FOUND GUILTY BUT MENTALLY ILL, SO AS TO DELETE PROVISIONS ALLOWING THE COURT TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL; AND TO AMEND SECTION 17-24-20, RELATING TO THE REQUIREMENTS FOR VERDICTS OF GUILTY BUT MENTALLY ILL, SO AS TO PROHIBIT A COURT FROM ACCEPTING A PLEA OF GUILTY BUT MENTALLY ILL.
Rep. WILKINS proposed the following Amendment No. 2 (Doc. No. 5710Y), which was adopted.
Amend the bill, as and if amended, in Section 17-24-20, as contained in SECTION 2, page 2, by striking beginning on line 27 /except where found to be a proper verdict as a result of a hearing conducted pursuant to the provisions of Section 17-24-30/
Renumber sections to conform.
Amend totals and title to conform.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 2651 -- Reps. M.O. Alexander, Blackwell, Baker, L. Phillips, Thrailkill, P. Bradley, J.H. Burriss, J.W. Johnson, Haskins, Rice, Hayes, Fair, Hodges, Simpson, E.B. McLeod, Day, Clyborne, O. Phillips, McTeer and Evatt: A BILL TO AMEND CHAPTER 7 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES BY ADDING SECTION 5-7-155 SO AS TO PROVIDE THAT IF ANY PORTION OF A STREET OR HIGHWAY IS WITHIN THE BOUNDARY OF A MUNICIPALITY, THE REMAINING PORTION OF THE STREET OR HIGHWAY NOT WITHIN THE MUNICIPAL BOUNDARY BUT TOUCHING THE BOUNDARY IS NEVERTHELESS CONSIDERED TO BE WITHIN THE BOUNDARY OF THAT MUNICIPALITY FOR PURPOSES OF ITS POLICE JURISDICTION.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
S. 553 -- Judiciary Committee: A BILL TO AMEND ARTICLE 3 OF CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-325 SO AS TO PROVIDE THAT THE NAME OF ANY CANDIDATE AUTHORIZED TO APPEAR ON ANY BALLOT IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION FOR ANY OFFICE MAY BE THE CANDIDATE'S GIVEN NAME, A DERIVATIVE OF HIS GIVEN NAME, OR A NICKNAME, TO PROVIDE FOR A PROCEDURE FOR THE USE OF A DERIVATIVE NAME OR A NICKNAME ON THE BALLOT, AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS.
Rep. J.W. JOHNSON explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
S. 734 -- Judiciary Committee: A BILL TO AMEND CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURIES AND JURORS BY ADDING ARTICLE 15 SO AS TO ESTABLISH A METHOD FOR CONVENING AND SELECTING A STATE GRAND JURY, TO PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND OPERATIONS, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATING THE SECRECY RULES OF THE STATE GRAND JURY PROCEEDINGS.
Rep. HUFF explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following 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.
Reps. R. BROWN and E.B. McLEOD proposed the following Amendment No. 1 (Doc. No. 5721Y).
Amend the Concurrent Resolution, as and if amended, in the second Whereas clause, page 1, line 32, by striking /, as and if amended/.
Amend further after the resolving clause, page 1 on lines 44 and 45, and page 2 on lines 1 and 2, by striking /, to adopt all subsequent amendments to this act as codified and enacted into federal law from the effective date of the federal amendments/ and inserting /that the provisions of the State Hazardous Waste Cleanup law not apply to those persons who obtain property by inheritance or bequest and did not know that hazardous waste was on the property/.
Amend title to conform.
Rep. AYDLETTE explained the amendment and moved to adjourn debate upon the Concurrent Resolution, which was adopted.
Rep. KIRSH moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
S. 690 -- Senator Hayes: A BILL TO PROVIDE FOR THE LEVY. OF SCHOOL TAXES IN YORK COUNTY.
Reps. KIRSH, FOSTER, HAYES, NESBITT and SHORT with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 5727Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The auditor of York County shall levy and the treasurer shall collect a tax of thirty mills for school purposes to be distributed to the four school districts in the county as follows: twenty-nine mills must be distributed to each of the four districts; however, one additional mill must be distributed to the district with the lowest assessed value. The twenty-nine mill distribution to the four school districts must be in the proportion to the ratio which each school district's one hundred thirty-five day enrollment (average daily membership) bears to the one hundred thirty-five day enrollment (average daily membership) in the county. However, that enrollment in parochial schools or other nonpublic schools may not be counted for the purposes and these schools are not allowed the use of the proceeds of the taxes imposed by this act.
SECTION 2. All revenues collected pursuant to this act or because of a tax levy imposed for school purposes by any school district must be paid over to the school districts in the manner and under the ratio set forth above and, notwithstanding any other local law provision to the contrary, no collection rate of these taxes is guaranteed to any school district and these districts are only entitled to receive such tax revenue as is collected pursuant to this act.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the third time and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 215 -- Senators Lee and Peeler: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE SALARY ENTRY LEVEL FOR LAW ENFORCEMENT OFFICERS EMPLOYED BY THE STATE AND ITS POLITICAL SUBDIVISIONS WITH A VIEW TO INCREASING BEGINNING SALARIES IN ORDER TO RECRUIT COMPETENT AND DEDICATED OFFICERS.
Whereas, all the citizens of this State realize that competent and dedicated law enforcement officers are needed by the State and all of its political subdivisions to protect the public safety and welfare; and
Whereas, one of the problems in obtaining superior officers is caused because of the low level of salary paid to them by the State, cities, and counties. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That a committee is created to study the salary entry level for law enforcement officers employed by the State and its political subdivisions with a view to increasing beginning salaries in order to recruit competent and dedicated officers. The committee is composed of thirteen members, three appointed by the Speaker of the House of Representatives from the membership of the House, three appointed by the President of the Senate from the membership of the Senate, three law enforcement officers appointed by the Governor, and four representatives of local government, who shall serve without compensation, two of whom must be appointed by the South Carolina Municipal Association and two of whom must be appointed by the South Carolina Association of Counties.
The committee shall meet as soon after its appointment as may be practicable and shall organize by electing one of its members as chairman and one as vice-chairman and other officers as it may consider desirable. The committee shall meet thereafter upon call of the chairman or a majority of its members. The committee may confer with any person or organization that may be helpful in its study. All state agencies shall cooperate with the committee in helping to carry out the purpose of this resolution. The committee shall make its report and recommendations to the General Assembly during the 1987 session.
The members of the committee shall receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.
The expenses of the legislative members of the Committee must be paid from the approved accounts of their respective bodies. The expenses of the gubernatorial appointees must be paid from funds available in the Governor's Office.
The Legislative Council shall provide legal services as the committee may require in the performance of its duties.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4875Y), which was adopted.
Amend the resolution, as and if amended, by striking in the first paragraph immediately following the resolving words and inserting:
/That a committee is created to study the salary entry level, classifications, compensation, benefits, and bonuses for all law enforcement officers employed by the State and its political subdivisions with a view to increasing salaries and benefits in order to recruit and retain competent and dedicated officers. The committee is composed of nine members, three appointed by the Speaker of the House of Representatives from the membership of the House, three appointed by the President of the Senate from the membership of the Senate, and three local elected public officials appointed by the Governor./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 769 -- Senators Powell, Branton, Applegate, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, 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 MEMORIALIZING CONGRESS TO TAKE SUCH ACTION AS MAY BE REQUIRED TO DEFEAT A SENATE PROPOSAL TO CUT TWENTY-FIVE PERCENT FROM FUNDS RECEIVED BY SOUTH CAROLINA COUNTIES FOR THE SALE OF TIMBER ON FEDERAL LAND.
Whereas, thirteen South Carolina counties receive funds for the sale of timber on federal land; and
Whereas, a United States Senate proposal would cut those funds by twenty-five percent; and
Whereas, such a draconian reduction of these federal funds would exacerbate the present financial and budgetary structure in the affected counties. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina memorialize Congress to take such action as may be required to defeat a Senate proposal to cut twenty-five percent from funds received by South Carolina counties for the sale of timber on federal land.
Be it further resolved that a copy of this resolution be forwarded to member of the South Carolina Congressional Delegation in Washington, D.C.
Rep. McABEE explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Bill was taken up.
S. 25 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2936 SO AS TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR A VIOLATION OF SECTION 56-5-2930 (DUI); AND TO AMEND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO ADD A BLOOD TEST TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR ITS USE, AND TO RELEASE PERSONS ADMINISTERING THE TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4220Y), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 in its entirety.
Amend further Section 56-5-2950(a) as contained in SECTION 3 the paragraph which begins on line 23 of page 4 by striking on line 29 of that page /grossly/.
The paragraph when amended reads:
/A qualified Person who obtains samples or administers the tests or assists in obtaining samples or administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent manner. A qualified person requested by an arresting officer to obtain a sample may refuse to do so if in his professional opinion the procedure would be detrimental to the health of the person./
Renumber sections to conform.
Amend title to conform.
Rep. HAYES explained the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 64 to 11.
Reps. TAYLOR and E.B. McLEOD proposed the following Amendment No. 2 (Doc. No. 5573Y), which was tabled.
Amend the bill, as and if amended, Section 56-5-2950 of the 1976 Code as contained in Section 3, page 2, line 19, by striking /, blood,/.
Amend further, Section 3, page 2, line 42, by striking /blood sample or/.
Amend further, Section 3, page 2, line 43, by striking /,/ after the word /sample/.
Amend further, Section 3, page 3, line 9, by striking /Blood and urine/ and by inserting /Urine/
Amend further, Section 3, page 3, line 11, by striking /Blood samples or urine/ and inserting /Urine/
Amend further Section 3, page 3, line 33, by striking /blood or/.
Amend further, Section 3, page 4, line 42, by striking /other body fluids/ and inserting /urine/.
Amend title to conform.
Rep. TAYLOR explained the amendment.
Reps. HEARN and FAIR spoke against the amendment.
Reps. E.B. McLEOD, FERGUSON and GREGORY spoke in favor of the amendment.
Rep. GILBERT raised the Point of Order that the Bill was out of order as it required the expenditure of funds and did not have a Fiscal Impact Statement attached.
The SPEAKER stated that the expenditure of funds was based on a discretionary test and was not required in the Bill, therefore no Fiscal Impact Statement was necessary, and he overruled the Point of Order.
Rep. GREGORY continued speaking.
Reps. WASHINGTON and FERGUSON spoke in favor of the amendment.
Rep. KOON spoke against the amendment.
Rep. FERGUSON moved to table the Bill.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Blanding Brown, G. Brown, J. Carnell Faber Ferguson Gilbert Gregory Johnson, J.C. Martin, D. McAbee McBride McLeod, E.B. McLeod, J.W. Phillips, L. Rhoad Shelton Taylor Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, P. Brown, H. Burriss, N.D. Burriss, T.M. Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Edwards Evatt Fair Felder Foster Foxworth Harris, J. Harvin Haskins Hawkins Hayes Hearn Helmly Hodges Huff Johnson, J.W. Jones Keyserling Kirsh Klapman Koon Limehouse Lockemy Mappus Mattos McCain McElveen McGinnis McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Snow Stoddard Thrailkill Townsend Tucker Waldrop Wells Wilder
So, the House refused to table the Bill.
Rep. HAYES moved to table the amendment.
Rep. TAYLOR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Corning Dangerfield Davenport Derrick Edwards Evatt Fair Felder Foxworth Harris, J. Harvin Haskins Hawkins Hayes Hearn Helmly Hodges Huff Johnson, J.W. Jones Kirsh Klapman Koon Limehouse Lockemy Mappus Mattos McCain McGinnis McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Thrailkill Tucker Waldrop Wells Wilder
Those who voted in the negative are:
Blanding Brown, J. Carnell Cooper Faber Ferguson Foster Gilbert Gregory Johnson, J.C. Martin, D. McAbee McBride McLeod, E.B. Rhoad Stoddard Taylor Washington Whipper White
So, the amendment was tabled.
Reps. CORNING and TOAL proposed the following Amendment No. 3 (Doc. No. 5719Y), which was adopted.
Amend the bill, as and if amended, in Section 56-5-2950 by inserting immediately after /them./ on line 30 of page 6 the following: /If the arrested person took the chemical breath test but refused to provide a blood or urine sample, the report of the arresting officer must include what were his grounds for believing that the arrested person was under the influence of drugs other than alcohol./
Amend title to conform.
Rep. CORNING explained the amendment.
The amendment was then adopted.
Rep. CORNING proposed the following Amendment No. 4 (Doc. No. 5724Y), which was adopted.
Amend the bill, as and if amended, in Section 56-5-2950 by striking lines 29 through 33 of page 4 and inserting /performed in a negligent manner. No person may be required by the arresting officer, or by and other law enforcement officer, to obtain or take am sample of blood or urine.
Amend title to conform.
Rep. CORNING explained the amendment.
Rep. FABER moved that the House do now adjourn.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Blanding Brown, J. Carnell Faber Gregory Johnson, J.C. Jones Kay Keyserling McAbee McBride McLeod, E.B. Taylor White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Beasley Bennett Blackwell Boan Bradley, P. Brown, H. Burriss, M.D. Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Edwards Evatt Fair Felder Foster Gilbert Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Kirsh Klapman Koon Lockemy Mappus Martin, D. McCain McElveen McGinnis McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Stoddard Thrailkill Tucker Washington Wells Whipper Wilder
So, the House refused to adjourn.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. CORNING and HEARN proposed the following Amendment No. 5 (Doc. No. 5722Y), which was adopted.
Amend the bill, as and if amended, in Section 56-5-2950 by striking /licensed medical personnel/ as contained on line 10 of page 3 and inserting /physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing and other licensed medical personnel trained to administer such tests/.
Amend title to conform.
Rep. CORNING explained the amendment.
Rep. CORNING asked unanimous consent to amend the amendment at the desk.
Rep. T. ROGERS objected.
Rep. TUCKER moved to table the amendment.
Rep. CORNING demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 29 to 40.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. MOSS and J. ROGERS proposed the following Amendment No. 6, which was adopted.
Amend as and if amended, page 3, add at the end of line 10 the following:
"in a licensed medical facility."
Rep. MOSS explained the amendment.
Rep. HAYES moved to table the amendment, which was not agreed to by a division vote of 29 to 44.
Rep. HAYES spoke upon the amendment.
Rep. J. ROGERS spoke in favor of the amendment.
The amendment was then adopted.
Rep. McABEE raised the Point of Order that the Bill affected revenues of the state and therefore, under Rule 4.4, must be referred to the Ways and Means Committee.
Rep. HUFF raised the Point of Order that Rule 4.4 states that once a Bill is set for Special Order in accordance with Rule 6.3, no Point of Order may be raised concerning reference to committee.
The SPEAKER sustained Rep. HUFF's Point of Order.
Rep. McABEE then raised the Point of Order that the Bill was a Senate Bill, and therefore violated Constitutional provisions that all bills which appropriate money must originate in the House of Representatives.
The SPEAKER stated that the Bill was not an Appropriations Bill, did not raise revenue or appropriate money, therefore he overruled the Point of Order.
Rep. FELDER then inquired whether the Bill required a Fiscal Impact Statement as it affected state revenues.
The SPEAKER stated he had already ruled on that Point, but that one was not required on the Bill.
Rep. GREGORY raised the Point of Order that the Bill violated Article IV, Section 21 of the Constitution in that it did not specify the objects and purposes for which the money appropriated would be used.
The SPEAKER stated that the Bill appropriated no money, and further stated that the Constitutional Article cited was not procedural on the General Assembly, but allowed for line item vetoes by the Governor on Bills appropriating money, therefore he overruled the Point of Order.
Rep. FAIR proposed the following Amendment No. 7 (Doc. No. 5722Y).
Amend the bill, as and if amended, in Section 56-5-2950 by striking /licensed medical personnel/ as contained on line 10 of page 3 and inserting /physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing and other medical personnel trained to administer such tests/.
Amend title to conform.
Rep. FAIR explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. TAYLOR and FAIR proposed the following Amendment No. 8 (Doc. No. 5748Y), which was adopted.
Amend the bill, as and if amended, Section 56-5-2950, as contained in SECTION 3, page 2, line 39, by striking /, or if/ and inserting /because he has an injured mouth, is unconscious, dead, or for any other reason considered acceptable by the licensed medical personnel, a blood sample may be taken. If/.
Amend the Section further, line 42, by striking /a blood sample/.
Amend title to conform.
Rep. TAYLOR explained the amendment.
The amendment was then adopted.
Rep. WASHINGTON moved that the House do now adjourn.
Rep. RUDNICK made the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted ln the affirmative are:
Baxley Brown, G. Carnell Chamblee Faber Ferguson Gregory Harvin Helmly Johnson, J.C. Jones Kay Lewis Limehouse McAbee McBride McLeod, E.B. McTeer Rhoad Sharpe Taylor Washington Whipper White Wilder
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Baker Barfield Beasley Blackwell Boan Bradley, P. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Clyborne Cooper Corning Dangerfield Davenport Derrick Evatt Fair Felder Foster Foxworth Gentry Harris, J. Haskins Hawkins Hayes Hearn Hendricks Hodges Huff Keyserling Klapman Koon Lockemy Mappus McCain McElveen McGinnis Moss Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Simpson Stoddard Thrailkill Toal Townsend Tucker Wells Wilkins
So, the House refused to adjourn.
Rep. WHITE moved to continue the Bill.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Carnell Faber Ferguson Foster Gregory Johnson, J.C. Kay McAbee McBride McLeod, E.B. Taylor Townsend Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Baker Barfield Baxley Beasley Blackwell Bradley, P. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Evatt Fair Felder Foxworth Gentry Harris, J. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Jones Kirsh Koon Lewis Limehouse Lockemy Mappus McCain McElveen McGinnis McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Thrailkill Tucker Wells Wilder Wilkins
So, the House refused to continue the Bill.
Rep. WASHINGTON moved to commit the Bill to the Committee on Ways and Means.
Rep. FAIR moved to table the motion.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, P. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Corning Davenport Derrick Evatt Fair Foxworth Gentry Harris, J. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Keyserling Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Mattos McCain McElveen McGinnis McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Simpson Snow Stoddard Thrailkill Tucker Wells Wilder
Those who voted in the negative are:
Carnell Faber Felder Ferguson Foster Gilbert Gregory Johnson, J.C. Kay Martin, D. McAbee McBride McLeod, E.B. Rhoad Sharpe Taylor Townsend Washington Whipper White
So, the motion to commit the Bill was tabled.
Debate was resumed on Amendment No. 7, which was proposed by Rep. FAIR.
Rep. FAIR explained the amendment.
Rep. FELDER spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. J. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, M.D. Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Fair Foxworth Gentry Gilbert Harvin Haskins Hayes Hearn Helmly Huff Klapman Koon Lewis Limehouse Mappus Martin, D. Mattos McCain McGinnis McTeer Moss Nesbitt Pearce Pettigrew Rhoad Rice Rogers, T. Rudnick Sheheen Simpson Snow Toal Washington Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
Aydlette Carnell Evatt Faber Felder Ferguson Foster Gregory Harris, J. Hendricks Johnson, J.C. Kay Keyserling McAbee McBride McElveen McLeod, E.B. Neilson Petty Rogers, J. Shelton Stoddard Taylor Townsend Tucker
So, the amendment was adopted.
Rep. FERGUSON moved that the House do now adjourn.
Rep. TUCKER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Bennett Brown, G. Carnell Faber Felder Ferguson Gilbert Gregory Harvin Kay Limehouse McAbee McBride McLeod, E.B. Rhoad Taylor Townsend White Wilder
Those who voted in the negative are:
Alexander, M.O. Altman Arthur Aydlette Bailey, G. Baker Barfield Beasley Blackwell Boan Bradley, P. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Evatt Fair Foster Foxworth Gentry Harris, J. Haskins Hayes Hearn Helmly Hendricks Huff Johnson, J.C. Jones Keyserling Klapman Koon Lewis Lockemy Mappus Martin, D. Mattos McCain McGinnis McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Tucker Wells Wilkins
So, the House refused to adjourn.
Rep. HAYES moved immediate cloture on the entire matter, which was agreed to by a division vote of 52 to 31.
The question then recurred to the passage of the Bill, as amended.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, P. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Evatt Fair Felder Ferguson Foster Foxworth Gentry Gilbert Harris, J. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Klapman Koon Lewis Limehouse Mappus Mattos McCain McElveen McGinnis McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Snow Stoddard Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
Carnell Gregory Kay Martin, D. McAbee Rhoad Shelton
So, the Bill as amended, was read the second time and ordered to third reading.
June 2, 1987
I was attending a conference committee meeting when the vote on S. 25 was taken. Had I been here I would have voted in favor of S. 25.
Rep. BEN THRAILKILL
June 2, 1987
Mr. Speaker:
I was attending a conference committee meeting pursuant to your direction at the time the final vote was taken on S. 25. I intended and would have voted favorably on that legislation and ask that my vote be recorded as "yea" for passage.
Rep. JAMES LOCKEMY
The following was received.
Columbia, S.C., June 2, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Dennis, Waddell and Lindsay of the Committee of Free Conference on the part of the Senate on H. 2590:
H. 2590 -- (General Appropriations Bill)
Very respectfully,
President
No. 15
Received as information.
Rep. WASHINGTON moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to by a division vote of 50 to 34.
Rep. CARNELL moved that the House do now adjourn.
Rep. AYDLETTE raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
The following Bill was taken up.
S. 588 -- Corrections and Penology Committee: A BILL TO AMEND SECTIONS 24-3-310 AND 24-3-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISON INDUSTRIES, SO AS TO DECLARE THE FURTHER INTENT IN THE EMPLOYMENT OF CONVICT LABOR IS TO PLACE INMATES IN A REALISTIC WORKING ENVIRONMENT AND TO REQUIRE THE BOARD OF CORRECTIONS TO PLACE NOT LESS THAN FIVE PERCENT NOR MORE THAN TWENTY PERCENT OF GROSS WAGES PAID INMATES WITH THE STATE TREASURER FOR USE IN THE VICTIM ASSISTANCE PROGRAM AND OTHER SELF-SUSTAINING PROGRAMS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-315 SO AS TO PROVIDE THAT INMATE PARTICIPATION IN ANY PRISON INDUSTRY PROGRAM BE ON A VOLUNTARY BASIS AND THAT THE INMATE DOES NOT DISPLACE EMPLOYED WORKERS OR RECEIVE LESS PAY FOR WORK OF A SIMILAR NATURE.
Rep. EVATT explained the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Evatt Foster Gentry Gilbert Gregory Harris, J. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Klapman Koon Lewis Limehouse Martin, D. Mattos McAbee McCain McGinnis McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Townsend Tucker Washington Wells Whipper White Wilkins
Those who voted in the negative are:
Foxworth Mappus
So, the Bill was read the second time and ordered to third reading.
Rep. CARNELL moved that the House do now adjourn.
Rep. FERGUSON raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
The following Bill was taken up, Rep. McABEE having the floor.
H. 2361 -- Reps. Davenport, T. Rogers, Whipper, M.D. Burriss, Townsend, Winstead, J. Bradley, J.C. Johnson, Rhoad, Sharpe, M.O. Alexander, Faber, Haskins, Keyserling, Koon, O. Phillips, Baker, McElveen, C. Bailey, Kay, Holt, E.B. McLeod, L. Phillips, Rice, J. Harris, Nesbitt, Gilbert, Beasley, Hayes, Shelton, Mattos, Felder, Clyborne, Edwards, Stoddard, Corning, Sturkie, Neilson, Klapman, Hawkins, Simpson, T.C. Alexander, Hendricks, Hodges, Helmly, G. Brown, Dangerfield, Gentry, Sheheen, Pearce, Chamblee, Day, Thrailkill, Taylor, J.W. McLeod, McBride, Waldrop, Toal, McGinnis, Wells, Gregory, Huff, R. Brown, Arthur, Barfield, Lewis, Petty, T.M. Burriss, Russell, Cooper, H. Brown, Hearn, Washington, Rudnick, McEachin, Jones, Tucker, Elliott, Fair, J. Rogers, Mappus, Altman, Snow, McTeer and Foxworth: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO ADOPT SAFETY STANDARD NO. 205, (GLAZING MATERIALS) OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND TO PROVIDE THAT THE STANDARDS PROVISIONS ALSO APPLY TO INDIVIDUALS AND PROHIBIT THEM FROM MODIFYING THEIR MOTOR VEHICLE WINDOWS IN VIOLATION OF SAFETY STANDARD NO. 205.
Rep. McABEE continued speaking.
Rep. McABEE continued speaking.
Rep. HUFF moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. McABEE having the floor.
The Senate returned to the House with concurrence the following:
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.
H. 3225 -- Reps. Edwards, Davenport, Ferguson, Hawkins, McGinnis, Petty 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.
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.
H. 3228 -- Reps. Barfield and Elliott: A CONCURRENT RESOLUTION TO COMMEND MRS. ESTA JOHNSON OF LORIS, ONE OF HORRY COUNTY'S MOST DISTINGUISHED EDUCATORS, UPON HER RETIREMENT.
H. 3232 -- Rep. Mattos: A CONCURRENT RESOLUTION CONGRATULATING THE ACADEMIC TEAM OF CAROLINA HIGH SCHOOL OF GREENVILLE COUNTY UPON TAKING FIRST PLACE IN THE NATIONAL QUIZ BOWL TOURNAMENT OF CHAMPIONS AT LAKE FOREST COLLEGE IN CHICAGO.
H. 3233 -- Reps. Townsend, T.C. Alexander, Chamblee, Cooper, P. Harris, Kay, McLellan and Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MATT LOCKE OF HONEA PATH UPON HIS DEATH AFTER A COURAGEOUS FIGHT AGAINST CANCER.
H. 3234 -- Reps. Petty, Davenport, Edwards, Ferguson, Hawkins, McGinnis and Wells: A CONCURRENT RESOLUTION COMMENDING W. MARSHALL CHAPMAN FOR OUTSTANDING WORK AND CONTRIBUTIONS TO THE TEXTILE INDUSTRY IN SOUTH CAROLINA DURING HIS TERM AS PRESIDENT OF THE SOUTH CAROLINA TEXTILE MANUFACTURERS' ASSOCIATION.
At 5:23 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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