Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God and Father, from the shifting scenes of demanding duties, we lift our minds in these moments of prayer to our Lord Who is from everlasting to everlasting the same. We thank You for being present throughout this Legislative session offering Your wisdom to lead and direct. In that knowledge we claim Your presence throughout the activities of this day. Forbid that we should slight things that matter. Give us such a measure of trust in You as to possess divine guidance that we might be saved from wrong decisions and that in Your light we stumble not. Enable us to face with courage the remaining tasks. Continue to use us as instruments to achieve Your will and wishes. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
June 3, 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 is hereby withdrawing Regulation Document #671, Subarticle 8, relating to Portable and Fixed Station Fire Extinguishers effective today, June 3, 1987. These Regulations have been referred to Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Robert J. Sheheen
Received as information.
I was attending a Worker's Compensation Hearing when the vote was taken on the adoption of the Free Conference Report of the State Appropriations Bill, H. 2590. I wish to be recorded as voting in favor of the adoption of the Report.
Rep. ROBERT W. HAYES, JR.
I was temporarily out of the House Chamber when the final vote was taken on the Conference Report for the Appropriations Bill. Had I been present I would have voted in favor of the Bill.
Rep. JOHN J. SNOW, JR.
I was out of the Chamber at the time of the Free Conference Report. I would have voted (as I did on other votes on this matter) "no" had I not been detained in the House Lobby by constituent matters.
Rep. PAUL DERRICK
Re: Appropriations Bill H. 2590
I was unable to be present for the final vote on H. 2590 and I wish for the Record to reflect that I would have voted against adoption of the Free Conference Report.
Rep. ROLAND S. CORNING
The following was received from the Senate.
The following was received.
Columbia, S.C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2085:
H. 2085 -- Reps. J. Rogers, J. Harris, Beasley, R. Brown, McElveen, Limehouse, Neilson, J. Brown, Hayes, J.H. Burriss, McGinnis, Winstead, Davenport, Keyserling, Wells, J. Bradley, Day, Shelton, Nettles, T. Rogers, Russell, Sharpe, Wilder and McBride: A BILL TO AMEND SECTIONS 12-21-2590, 12-21-2600, AND 12-21-2620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO BINGO LICENSE FEES, ADMISSIONS TAXES, AND THE DISPOSITION OF THE REVENUE THEREFROM, SO AS TO INCREASE THE FEES AND APPLICABLE ADMISSION TAXES FOR CLASS "A" AND "B" LICENSES AND TO PROVIDE THAT ONE-HALF OF THE REVENUES DERIVED MUST BE DEPOSITED IN A SEPARATE PARKS AND RECREATION DEVELOPMENT FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO TO FILE MONTHLY REPORTS WITH THE SECRETARY OF STATE, TO PROHIBIT THE LICENSING OF MANAGEMENT COMPANIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 23 TO TITLE 51 SO AS TO PROVIDE FOR A NONCOMPETITIVE PROGRAM OF GRANTS FOR LOCAL PARKS AND RECREATION DEVELOPMENT, PROVIDE DEFINITIONS, AND ESTABLISH A DISTRIBUTION FORMULA.
and asks for a Committee of Conference and has appointed Senators Saleeby, Lourie and Thomas of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 9
Whereupon, the Chair appointed Reps. J. ROGERS, McTEER and McEACHIN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S. C., June 3, 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. 25:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 202
Received as information.
The following was received.
Columbia, S.C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Holland, Thomas E. Smith, Jr., and Hayes of the Committee of Conference on the part of the Senate on H. 2446:
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.
Very respectfully,
President
No. 19
Received as information.
The following was received.
Columbia, S.C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 2590:
H. 2590 -- Ways and Means Committee: (THE GENERAL APPROPRIATIONS BILL), and the report having been adopted by both Houses, has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 17
Received as information.
The Senate amendments to the following Bill were taken up for consideration.
H. 2500 -- Reps. Ogburn, J. Harris, R. Brown, Blackwell, J.W. McLeod, Mattos, Russell, Boan, P. Bradley, M.O. Alexander, T.M. Burriss, Rice and Hearn: A BILL TO AMEND CHAPTER 31 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS GENERALLY BY ADDING SECTION 33-31-180 SO AS TO PROVIDE IMMUNITY FROM SUIT OF DIRECTORS, TRUSTEES, OR MEMBERS OF GOVERNING BODIES OF ELECTRIC COOPERATIVES AND NOT-FOR-PROFIT CORPORATIONS, ORGANIZATIONS, AND ASSOCIATIONS WHICH ARE EXEMPT FROM FEDERAL INCOME TAXATION EITHER UNDER THE PROVISIONS OF SECTION 501 (c) (3) OR (c)(6) OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTION TO IMMUNITY.
Rep. OGBURN proposed the following Amendment No. 2 (DOC. NO. 5804Y), which was adopted.
Amend the Report, as and if amended, by striking SECTION 2 in its entirety and inserting therein the following:
/SECTION 2. Article 1 of Chapter 31 of Title 33 of the 1976 Code is amended by adding:
"Section 33-31-180. (A) All directors, trustees, or members of the governing bodies of not-for-profit cooperatives, corporations, associations, and organizations described in subsection (B) are immune from suit arising from the conduct of the affairs of these cooperatives, corporations, associations, or organizations. This immunity from suit is removed when the conduct amounts to wilful, wanton, or gross negligence. Nothing in this section may be construed to grant immunity to the not-for-profit cooperatives, corporation, association, or organization.
(B) Subsection (A) applies to the following:
(1) electric cooperatives organized under Chapter 49 of Title 33;
(2) not-for-profit corporations associations, and organizations, as recognized in and exempted from taxation under Federal Income Tax Code Sections 501(c)(3), (c)(6), or (c)(12)."/
Amend title to conform.
Rep. OGBURN explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
On motion of Rep. WILKINS the House non-concurred in the Senate amendments, and a message was ordered sent to the Senate accordingly.
H. 2463 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND ARTICLE 9, SUBARTICLE 3, CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-933, SO AS TO PROVIDE THAT ANY DEGREE, JUDGMENT, OR ORDER REGARDING CHILD SUPPORT OF THIS OR ANY OTHER STATE MAY BE MODIFIED ONLY AS TO INSTALLMENTS ACCRUING SUBSEQUENT TO FILING AND DUE NOTICE OF AN ACTION FOR MODIFICATION AND ONLY UPON A SHOWING OF CHANGED CIRCUMSTANCES, AND TO PROVIDE THAT ALL FOREIGN DECREES, JUDGMENTS, OR ORDERS OF CHILD SUPPORT MUST BE GIVEN FULL FAITH AND CREDIT IN THIS STATE IN THE MANNER PROVIDED BY LAW; AND TO AMEND SECTION 20-7-934, RELATING TO THE ENFORCEMENT OR MODIFICATION OF ORDERS OF OTHER COURTS BY THE FAMILY COURT, SO AS TO PROVIDE THAT THE AUTHORITY OF THE FAMILY COURT TO ENFORCE OR MODIFY THESE ORDERS IS SUBJECT TO THE LIMITATIONS CONTAINED IN SECTION 20-7-933.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3252 -- Reps. E.B. McLeod, Baxley, Blanding, G. Brown and McElveen: A BILL TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CHARGE A TEN THOUSAND DOLLAR FEE FOR THE ISSUANCE OF A PERMIT FOR THE BURIAL OF HAZARDOUS WASTE AT ONE LOCATION, TO PROVIDE THAT THE TIME PERIOD FOR THE ISSUANCE OF THIS PERMIT MAY NOT EXCEED TWENTY YEARS, AND TO PROVIDE THAT THE PERIOD USED IN CALCULATING THIS TIME MUST BEGIN ON THE DATE THE HAZARDOUS WASTE IS BURIED AND INCLUDE THE TIME THAT HAS RUN UNDER ANY INTERIM PERMITS ISSUED BY THE DEPARTMENT.
Referred to Committee on Agriculture and Natural Resources.
S. 561 -- Senator Garrison: A BILL TO AMEND SECTION 48-9-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOMINATION AND ELECTION OF SOIL AND WATER CONSERVATION DISTRICTS' COMMISSIONERS, SO AS TO REVISE THE NOMINATION PROCEDURES FOR PLACEMENT ON THE BALLOT AND THE TERMS OF OFFICE OF THESE COMMISSIONERS EFFECTIVE WITH THE 1990 ELECTION AND TO AMEND SECTION 48-9-1230, RELATING TO TERMS OF OFFICE AND VACANCIES OF THESE COMMISSIONERS, SO AS TO REVISE THIS SECTION IN ORDER TO CONFORM IT TO THE ABOVE PROVISIONS.
Referred to Committee on Agriculture and Natural Resources.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Ferguson Foster Foxworth Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Helmly Hendricks Hodges Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on June 4, 1987.
Olin R. Phillips John Felder L. Edward Bennett Dell Baker Joyce Hearn Jack Gregory Thomas E. Huff Donna A. Moss Eugene Stoddard Mickey Burriss John H. Burriss Robert A. Kohn William H. Jones Paul Short Crosby Lewis Larry E. Gentry John D. Bradley T.W. Edwards
STATEMENT OF ATTENDANCE
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, June 4, 1987.
Announcement was made that James H. Johnson of Columbia, is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
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.
Reps. SNOW, THRAILKILL, J.W. McLEOD, R. BROWN, McEACHIN, GILBERT, NETTLES and BARFIELD proposed the following Amendment No. 1 (Doc. No. 5560Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting.
/SECTION 1. Section 40-6-20 of the 1976 Code is amended to read:
"Section 40-6-20. This chapter shall apply applies to all auctions held in this State except the following sales:
(1) Sales at auction conducted by the owner of all or any part of the goods being offered, or his attorney, unless the owner originally acquired the goods for the purpose of resale at auction.;
(2) Sales at auction conducted by or under the direction of any public authority.;
(3) Sales at auction pursuant to a judicial order or in the settlement of a decedent's estate.;
(4) Any sale required by law to be at auction.;
(5) Sales conducted by and on behalf of any charitable or religious organization if the person conducting the sale receives no compensation therefor. for conducting it;
(6) Sales conducted by a trustee pursuant to a valid power of sale.;
(7) Sales sponsored by purebred livestock (beef cattle, swine, horses, and sheep) associations and purebred livestock breeder farm sales. Purebred to the extent that purebred livestock auctioneers, upon proof to the commission that they are qualified purebred livestock auctioneers, are exempt from the exam examination and bonding requirement provided in this act chapter for the purpose of conducting purebred livestock auctions, but not from the licensing and license fee provisions of this chapter.;
(8) sponsored by tobacco auctioneers to the extent that tobacco auctioneers, upon proof to the commission that they are qualified tobacco auctioneers, are exempt from the examination and bonding requirement provided in this chapter for the purpose of conducting tobacco auctions, but not from the licensing and license fee provisions of this chapter."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following was received.
Columbia, S.C., June 4, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 10:30 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. WASHINGTON, the invitation was accepted.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 835 -- Senator Long: A BILL TO AMEND SECTION 7-7-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HORRY COUNTY VOTING PRECINCTS, SO AS TO REVISE THE PRECINCTS TO INCLUDE GARDEN CITY 4.
S. 807 -- Senator Hinson: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD FOR THE REGISTERED ELECTORS OF LANCASTER COUNTY RESIDING WITHIN THE GEOGRAPHICAL AREA COMPRISING THE LANCASTER COUNTY SCHOOL DISTRICT ON QUESTIONS CONCERNING THE COMPOSITION OF THE SCHOOL BOARD ORGANIZATION OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE CHIEF ADMINISTRATIVE OFFICER OF THE LANCASTER COUNTY DISTRICT BOARD OF TRUSTEES, AND TO PROVIDE FOR RELATED MATTERS REGARDING THE REFERENDUM.
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.
S. 139 -- Senator Setzler: A BILL TO AMEND SECTION 57-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITING FOREIGN SUBSTANCES ON HIGHWAYS, SO AS TO INCREASE THE PENALTY WHEN THE DEPOSIT IS LIKELY TO INJURE ANY PERSON, ANIMAL, OR VEHICLE AND TO PROVIDE FOR THE PENALTIES WHEN PERSONAL INJURY OR DEATH RESULTS FROM THE DEPOSIT.
S. 575 -- Senator Bryan: A BILL TO AMEND ACT 512 OF 1986, RELATING TO THE REGULATION OF THE BURGLAR ALARM SYSTEM BUSINESS, SO AS TO PROVIDE THAT PERSONS ENGAGED IN THE "BURGLAR ALARM SYSTEM BUSINESS" DO NOT INCLUDE LAW ENFORCEMENT OFFICERS OR INDIVIDUALS WHO MAY RESPOND TO AN ALARM BY HAPPENSTANCE; TO PROVIDE THAT THE APPLICATION FEE FOR BURGLAR ALARM SYSTEM BUSINESS LICENSES MUST BE RETAINED BY THE SOUTH CAROLINA STATE LICENSING BOARD; TO FURTHER PROVIDE FOR THE TYPE OF ACTS TO BE COVERED BY REQUIRED BONDS OF LICENSEES; TO FURTHER PROVIDE FOR THE REQUIRED CONTENTS OF ADVERTISING, SOLICITING BURGLAR ALARM BUSINESS; AND TO FURTHER PROVIDE FOR THE QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 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.
The following Joint Resolution was taken up.
H. 2930 -- Rep. McLellan: A JOINT RESOLUTION TO CONTINUE THE APPLICABLE PROVISIONS AND APPROPRIATIONS OF ACT 540 OF 1986 FOR A CERTAIN PERIOD.
Rep. CARNELL moved to table the Joint Resolution, which was agreed to.
On motion of Rep. KLAPMAN, with unanimous consent, it was ordered that S. 139 be read the third time the next legislative day.
On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that S. 575 be read the third time the next legislative day.
Rep. SIMPSON asked unanimous consent to recall H. 2051 from the Committee on Agriculture and Natural Resources.
Rep. WINSTEAD objected.
Rep. RUDNICK asked unanimous consent to recall H. 3107 from the Committee on Judiciary.
Rep. WILKINS objected.
The SPEAKER granted Rep. M.O. ALEXANDER a leave of absence for the remainder of the day.
Further proceedings were interrupted by the Ratifications of Acts.
At 10:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R207) S. 18 -- Senators Lee, Pope, Hayes and Giese: AN ACT TO AMEND SECTION 33-55-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECOVERY AGAINST A CHARITABLE ORGANIZATION, SO AS TO PROVIDE THAT A HEALTH CARE PROVIDER WHO AGREES TO PROVIDE MEDICAL SERVICE VOLUNTARILY AND WITHOUT COMPENSATION TO ANY PERSON AT A HOSPITAL, PUBLIC SCHOOL, NONPROFIT ORGANIZATION, OR AGENCY OF THE STATE IS NOT LIABLE FOR CIVIL DAMAGES EXCEPT FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
(R208) S. 734 -- Judiciary Committee: AN ACT 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, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATING THE SECRECY RULES OF THE STATE GRAND JURY PROCEEDINGS, TO PROVIDE FOR THE RECORDING AND TRANSCRIBING OF CERTAIN TESTIMONY AND PROCEEDINGS OF A COUNTY GRAND JURY, AND TO PROVIDE THIS ACT TAKES EFFECT UPON RATIFICATION OF AMENDMENTS TO THE CONSTITUTION OF THIS STATE PERMITTING SAME.
(R209) 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.
(R210) 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.
(R211) S. 346 -- Senator Drummond: AN ACT TO REAUTHORIZE THE BOARD OF PHARMACEUTICAL EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-43-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR EXAMINATION AND LICENSING OF PHARMACISTS, SO AS TO DELETE THE FEE OF TEN DOLLARS REQUIRED FOR LICENSING OF PHARMACISTS AND AUTHORIZE THE BOARD TO SET BY REGULATION AN AMOUNT SUFFICIENT TO COVER THE COST AND ADMINISTRATION OF THE EXAMINATION; TO AMEND SECTION 40-43-230, AS AMENDED, RELATING TO THE RENEWAL OF LICENSES AND FEES FOR PHARMACISTS, SO AS TO DELETE THE FEE OF THIRTY-FIVE DOLLARS FOR A RENEWAL CERTIFICATE AND DELETE THE PROVISIONS WHICH PROVIDE FOR PENALTIES FOR PERSONS DEFAULTING FOR ONE OR MORE YEARS IN PAYING THE RENEWAL FEE, PROVIDE FOR THE MAILING OF LICENSE RENEWAL FORMS BY THE BOARD, PROVIDE FOR THE ASSESSMENT OF A LATE PENALTY FOR THE RENEWAL OF LICENSES, AND PROVIDE FOR THE REINSTATEMENT OF A LAPSED LICENSE; AND TO AMEND SECTION 40-43-390, RELATING TO APPLICATION FOR RENEWAL FOR A PERMIT FOR THE OPERATION OF A PHARMACY, SO AS TO MAKE CERTAIN GRAMMATICAL CORRECTIONS, CHANGING THE REFERENCES IN THE SECTION FROM "PHARMACY" TO "DRUG OUTLET".
(R212) S. 680 -- Senator Drummond: AN ACT TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS.OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF INCOME TO SECURE PAYMENT OF CHILD SUPPORT OBLIGATIONS, SO AS TO EXEMPT THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AS A PAYOR IN THE PAYMENT OF BENEFITS AND TO PROVIDE THAT WHEN A CHILD SUPPORT AGENCY IS NOTIFIED BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION THAT AN OBLIGOR IS RECEIVING UNEMPLOYMENT INSURANCE BENEFITS THE AGENCY MUST NOTIFY THE COURT FOR THE INTERCEPT OF BENEFITS IN THE EVENT OF A DELINQUENCY.
(R213) 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.
(R214) S. 822 -- Senator Long: AN ACT 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.
(R215) 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.
(R216) 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.
(R217) 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.
(R218) 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.
(R219) S. 543 -- Fish, Game and Forestry Committee: AN ACT 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; 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.
(R220) S. 814 -- Senators Pope, Bryan and Martin: AN ACT 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.
(R221) S. 321 -- Banking and Insurance Committee: AN ACT TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO, AMONG OTHER THINGS, RESTRUCTURE THE CONTENTS OF THE TITLE, REARRANGE AND RECODIFY THE PROVISIONS OF LAW IN THIS STATE CONCERNING INSURANCE MATTERS, AND PLACE IN TITLE 38 VARIOUS INSURANCE PROVISIONS HERETOFORE CODIFIED IN OTHER TITLES OF THE CODE OF LAWS OR UNCODIFIED; TO AMEND SECTION 15-9-280, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON UNAUTHORIZED INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ANY ACT OF TRANSACTING AN INSURANCE BUSINESS AS SET FORTH IN SECTION 38-25-110 BY AN UNAUTHORIZED INSURER IS EQUIVALENT TO AND CONSTITUTES AN IRREVOCABLE APPOINTMENT BY THE INSURER OF THE SECRETARY OF STATE TO BE THE TRUE AND LAWFUL ATTORNEY OF THE INSURER UPON WHOM MAY BE SERVED ALL LAWFUL PROCESS IN ANY ACTION, SUIT, OR PROCEEDING IN ANY COURT BY THE CHIEF INSURANCE COMMISSIONER OR BY THE STATE AND UPON WHOM MAY BE SERVED ANY NOTICE, ORDER, PLEADING, OR PROCESS IN ANY PROCEEDING BEFORE THE CHIEF INSURANCE COMMISSIONER AND WHICH ARISES OUT OF TRANSACTING AN INSURANCE BUSINESS IN THIS STATE BY THE INSURER, PROVIDE FOR THE MAKING OF SERVICE OF PROCESS, AND IMPOSE DUTIES ON THE SECRETARY OF STATE; TO AMEND ARTICLE 3 OF CHAPTER 9 OF TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES AND PERSONAL OR SUBSTITUTE SERVICE IN THE STATE, BY ADDING SECTION 15-9-285 SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE ISSUANCE AND DELIVERY OF A POLICY OF INSURANCE OR CONTRACT OF INSURANCE OR INDEMNITY TO ANY PERSON IN THIS STATE OR THE COLLECTION OF A PREMIUM THEREON BY AN INSURER NOT LICENSED IN THIS STATE IRREVOCABLY CONSTITUTES THE CHIEF INSURANCE COMMISSIONER THE TRUE AND LAWFUL ATTORNEY IN FACT UPON WHOM SERVICE OF ANY AND ALL PROCESSES, PLEADINGS, ACTIONS, OR SUITS ARISING OUT OF THE POLICY OR CONTRACT IN BEHALF OF THE INSURED MAY BE MADE, PROVIDE FOR THE MAKING OF SERVICE OF PROCESS IN THE ACTION, AND IMPOSE DUTIES UPON THE CHIEF INSURANCE COMMISSIONER; TO AMEND SECTION 15-9-290, RELATING TO CIVIL REMEDIES AND PROCEDURES AND ALTERNATIVE METHOD OF SERVICE ON UNAUTHORIZED INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT SERVICE OF PROCESS IN ANY ACTION, SUIT, OR PROCEEDING INVOLVING AN UNAUTHORIZED INSURER IS, IN ADDITION TO THAT WHICH IS PROVIDED IN SECTION 15-9-280 AND SECTION 15-9-285, VALID UNDER CERTAIN CONDITIONS; TO AMEND CHAPTER 9 OF TITLE 23, RELATING TO THE STATE FIRE MARSHAL, BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR A FIREMEN'S INSURANCE AND INSPECTION FUND; TO AMEND TITLE 39, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 61 SO AS TO ENACT THE "MOTOR CLUB SERVICES ACT"; TO AMEND SECTION 56-9-480, RELATING TO MOTOR VEHICLES, PROOF OF FINANCIAL RESPONSIBILITY, SATISFACTION OF JUDGMENTS, AND PAYMENTS SUFFICIENT TO SATISFY REQUIREMENTS, SO AS TO PROVIDE THAT JUDGMENTS REFERRED TO IN ARTICLE 5 OF CHAPTER 9 OF TITLE 56 MUST, FOR THE PURPOSE OF THIS ARTICLE ONLY, BE CONSIDERED SATISFIED WHEN FIFTEEN, RATHER THAN TEN, THOUSAND DOLLARS HAS BEEN CREDITED UPON ANY JUDGMENT RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF BODILY INJURY TO OR DEATH OF ONE PERSON AS THE RESULT OF ANY ONE ACCIDENT AND WHEN, SUBJECT TO THE LIMIT OF FIFTEEN, RATHER THAN TEN, THOUSAND DOLLARS BECAUSE OF BODILY INJURY TO OR DEATH OF ONE PERSON, THE SUM OF THIRTY, RATHER THAN TWENTY, THOUSAND DOLLARS HAS BEEN CREDITED UPON ANY JUDGMENTS RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF BODILY INJURY TO OR DEATH OF TWO OR MORE PERSONS AS THE RESULT OF ANY ONE ACCIDENT; TO AMEND SECTION 56-9-580, RELATING TO MOTOR VEHICLES, CERTIFICATE OF DEPOSIT OF CASH OR SECURITIES AS PROOF OF FINANCIAL RESPONSIBILITY, AMOUNT, AND THE REQUIREMENT THAT THE DEPOSIT MUST BE HELD TO SATISFY EXECUTION ON A JUDGMENT, SO AS TO PROVIDE THAT PROOF OF FINANCIAL RESPONSIBILITY MAY BE EVIDENCED BY THE CERTIFICATE OF THE STATE TREASURER THAT THE PERSON NAMED THEREIN HAS DEPOSITED WITH HIM THIRTY-FIVE, RATHER THAN THIRTY-SIX, THOUSAND DOLLARS IN CASH OR SECURITIES SUCH AS MAY LEGALLY BE PURCHASED BY SAVINGS BANKS OR FOR TRUST FUNDS OF A MARKET VALUE OF THIRTY-FIVE, RATHER THAN THIRTY-SIX, THOUSAND DOLLARS; TO AMEND TITLE 56, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER 10 SO AS TO PROVIDE FOR MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, INCLUDING, AMONG OTHER THINGS, PROVISIONS INVOLVING INSURANCE REQUIREMENTS RELATING TO MOTOR VEHICLE REGISTRATION; TO AMEND SECTION 33-31-10, RELATING TO THE AUTHORIZATION TO INCORPORATE NONPROFIT CORPORATIONS, SO AS TO PROVIDE THAT MUTUAL BENEVOLENT AID ASSOCIATIONS ORGANIZED SOLELY FOR THE PURPOSES DEFINED IN SECTION 38-35-10, RATHER THAN SECTION 38-23-10, MAY BE INCORPORATED UNDER THE PROVISIONS OF CHAPTER 31 OF TITLE 33; TO AMEND SECTION 23-9-20, RELATING TO DUTIES OF THE STATE FIRE MARSHAL, SO AS TO DELETE CERTAIN LANGUAGE CONCERNING THE TRANSFER TO THE STATE FIRE MARSHAL OF POWERS AND DUTIES VESTED IN THE CHIEF INSURANCE COMMISSIONER PURSUANT TO CERTAIN CODE SECTIONS; TO AMEND SECTION 23-9-30, AS AMENDED, RELATING TO RESIDENT FIRE MARSHALS, SO AS TO DELETE A REFERENCE TO CHAPTER 57 OF TITLE 38; TO AMEND SECTION 15-9-300, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON UNAUTHORIZED INSURER, SO AS TO ADD A REFERENCE TO SECTION 15-9-285 AND DELETE A REFERENCE TO SECTION 38-53-50; TO AMEND SECTION 15-9-310, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON ATTORNEY OF RECIPROCAL INSURANCE SUBSCRIBERS, SO AS TO DELETE REFERENCES TO CERTAIN CODE SECTIONS AND ADD REFERENCES TO OTHER CODE SECTIONS; TO AMEND SECTION 15-9-270, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON INSURANCE COMPANIES, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING REFERENCES TO CERTAIN CODE SECTIONS, AND ADD A REFERENCE TO SECTION 38-5-70; TO AMEND SECTION 56-9-30, RELATING TO THE PROVISION THAT CHAPTER 9 OF TITLE 56 IS INAPPLICABLE TO CERTAIN MOTOR VEHICLES, SO AS TO DELETE AN EXCEPTION RELATED TO ARTICLE 7 OF CHAPTER 9 OF TITLE 56; TO AMEND SECTION 56-1-110, RELATING TO MOTOR VEHICLES AND IMPUTED LIABILITY OF PERSON SIGNING APPLICATION FOR DAMAGES CAUSED BY UNINSURED MINOR, SO AS TO ADD A REFERENCE TO SECTIONS 38-77-140 THROUGH 38-77-310 AS A BASIS FOR EXEMPTING A PARENT OR GUARDIAN OR OTHER RESPONSIBLE ADULT FROM THE LIABILITY OTHERWISE IMPOSED UNDER SECTION 56-1-110; TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO ALTER THE DEFINITIONS OF "INSURED MOTOR VEHICLE", "MOTOR VEHICLE LIABILITY POLICY", "PROOF OF FINANCIAL RESPONSIBILITY", AND "UNINSURED MOTOR VEHICLE" PRINCIPALLY BY DELETING REFERENCES TO CERTAIN PROVISIONS OR SECTIONS OF THE CODE OF LAWS AND ADDING REFERENCES TO DIFFERENT CODE SECTIONS; TO AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO PLACE APPROPRIATE PROVISIONS OF ACTS DEALING WITH INSURANCE ENACTED IN 1987 IN THE APPROPRIATE AREA COVERED BY THIS ACT, TO ELIMINATE OR DELETE FROM THIS ACT CERTAIN PROVISIONS OF LAW, AND TO AMEND PROVISIONS OF THIS ACT CORRESPONDING TO AMENDMENTS OF THE INSURANCE LAWS AS MAY HAVE BEEN PASSED BY THE GENERAL ASSEMBLY DURING 1987 IN OTHER ACTS; TO AMEND SECTION 42-7-200, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO DELETE A REFERENCE TO SECTION 42-5-140 AND REPLACE IT WITH A REFERENCE TO SECTION 38-7-50; AND TO REPEAL THE FOLLOWING: ARTICLE 7 OF CHAPTER 9 OF TITLE 56 RELATING TO MOTOR VEHICLES AND COVERAGE LIMITATIONS, UNINSURED MOTORIST PROVISIONS, AND THE LIKE; CHAPTER 11 OF TITLE 56 RELATING TO THE SOUTH CAROLINA AUTOMOBILE REPARATION REFORM ACT OF 1974; CHAPTER 13 OF TITLE 56 RELATING TO MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS; CHAPTER 9 OF TITLE 35 RELATING TO INSIDER TRADING IN SECURITIES OF DOMESTIC STOCK INSURANCE COMPANIES; SECTIONS 42-5-90, 42-5-100, 42-5-110, 42-5-120, 42-5-140, 42-5-150, 42-5-160, 42-5-170, AND 42-5-180 RELATING TO VARIOUS PROVISIONS ON INSURANCE AND SELF-INSURANCE UNDER WORKERS' COMPENSATION; ACT 306 OF 1975 RELATING TO PROVIDING A CONTINGENCY PLAN FOR THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION UPON THE FINDING OF AN EMERGENCY BY THE INSURANCE COMMISSION; ACT 767 OF 1976 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION, INCLUDING, AMONG OTHER THINGS, PLACING PHARMACISTS IN THE DEFINITION OF HEALTH CARE PROVIDER AND PLACING PER CLAIM AND AGGREGATE LIMITS ON THE AMOUNT OF INSURANCE WHICH MAY BE PAID TO A CLAIMANT UPON ENACTMENT OF A PATIENT COMPENSATION FUND ACT; ACT 104 OF 1977 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION AND THE CREATION OF A BOARD OF GOVERNORS TO ADMINISTER THE PATIENTS' COMPENSATION FUND, INCLUDING, AMONG OTHER THINGS, INCREASING THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE JOINT UNDERWRITING ASSOCIATION AND THE MEMBERSHIP OF THE BOARD OF GOVERNORS TO ADMINISTER THE PATIENTS' COMPENSATION FUND; ACT 258 OF 1977 RELATING TO PROHIBITING THE INSURANCE COMMISSION, COMMISSIONER, OR JOINT UNDERWRITING ASSOCIATION FROM IMPLEMENTING ANY ASSESSMENT THAT MAY BE PRESCRIBED BY THE JOINT RESOLUTION ESTABLISHING THE JOINT UNDERWRITING ASSOCIATION FOR THE PURPOSE OF WRITING MEDICAL MALPRACTICE LIABILITY INSURANCE UNTIL JULY 1, 1978; ACT 645 OF 1978 RELATING TO THE WRITING OF MEDICAL MALPRACTICE INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION, THE ESTABLISHMENT OF A PATIENTS' COMPENSATION FUND, AND A CONTINGENCY PLAN FOR WRITING LEGAL PROFESSIONAL MALPRACTICE INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION, INCLUDING, AMONG OTHER THINGS, PROVIDING FOR AN APPEAL FROM A RULING OR ACTION BY THE MEDICAL OR LEGAL ASSOCIATION OR THE PATIENTS' COMPENSATION FUND TO THE INSURANCE COMMISSION; ACT 257 OF 1977, ACT 662 OF 1978, ACT 221 OF 1979, AND ACT 200 OF 1981 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION AND THE EXTENSION OF THE EXPIRATION DATE OF THE UNDERWRITING ASSOCIATION; ACT 199 OF 1983 RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THOUGH A JOINT UNDERWRITING ASSOCIATION AND DELETION OF THE REQUIREMENT THAT THE ASSOCIATION EXPIRE ON DECEMBER 31, 1983; ACT 440 OF 1986 RELATING TO THE PROVISION THAT NO HEALTH MAINTENANCE ORGANIZATION MAY PROHIBIT ANY LICENSED PHYSICIAN, PODIATRIST, OPTOMETRIST, OR ORAL SURGEON FROM PARTICIPATING AS A PROVIDER IN THE ORGANIZATION ON THE BASIS OF HIS PROFESSION AND TO THE PROVISION THAT NOTHING IN ACT 440 OF 1986 MAY BE CONSTRUED TO INTERFERE WITH THE MEDICAL DECISION OF THE PRIMARY HEALTH CARE PROVIDER TO USE OR NOT USE ANY HEALTH PROFESSIONAL ON A CASE-BY-CASE BASIS; ACT 518 OF 1986 RELATING TO THE ADDING OF A SECTION TO THE CODE OF LAWS SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR APPLICANTS FOR INSURANCE AGENTS' LICENSES AND TO MAKE EXCEPTIONS; SUBSECTION A OF SECTION 31 OF PART II OF ACT 540 OF 1986 (THE GENERAL APPROPRIATIONS ACT) RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT EVERY INSURANCE COMPANY OF ANY CLASS, EXCEPT CERTAIN BENEVOLENT INSTITUTIONS, SHALL, BEFORE TRANSACTING ANY BUSINESS IN THIS STATE, PAY A LICENSE FEE OF FOUR HUNDRED DOLLARS TO THE CHIEF INSURANCE COMMISSIONER AND SHALL THEREAFTER PAY AN ANNUAL LICENSE FEE OF FOUR HUNDRED DOLLARS; SUBSECTION B OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO THE LEVY UPON EACH INSURANCE COMPANY LICENSED BY THE COMMISSIONER OF AN INSURANCE PREMIUM TAX BASED UPON TOTAL PREMIUMS, OTHER THAN WORKERS' COMPENSATION INSURANCE PREMIUMS, AND ANNUITY CONSIDERATIONS, COLLECTED BY THE COMPANY IN THE STATE DURING EACH CALENDAR YEAR; SUBSECTION C OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT, NOT LATER THAN MARCH FIRST OF EACH YEAR, EVERY INSURANCE COMPANY LICENSED BY THE COMMISSIONER SHALL FILE WITH HIM A RETURN OF PREMIUMS COLLECTED BY THE COMPANY IN THE STATE DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR ENDING ON DECEMBER THIRTY-FIRST; SUBSECTION D OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE PROVISION THAT ONE-FOURTH OF THE INSURANCE PREMIUM TAXES COLLECTED UNDER SUBSECTION B OF THIS SECTION 31, AND ONE-FOURTH OF THE RETALIATORY COLLECTIONS MADE UNDER SUBSECTION E OF THIS SECTION 31 WHICH ARE ATTRIBUTABLE TO THE TAX LEVIED IN SUBSECTION B, ARE ALLOTTED TO THE SEVERAL COUNTIES, RESPECTIVELY, IN PROPORTION TO THE LATEST OFFICIAL UNITED STATES CENSUS OF THE COUNTIES, AND ARE APPROPRIATED TO ORDINARY COUNTY PURPOSES; SUBSECTION E OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT, UNDER CERTAIN CONDITIONS, SIMILAR INSURANCE COMPANIES OF OTHER STATES ESTABLISHING OR HAVING THERETOFORE ESTABLISHED AN AGENCY OR AGENCIES IN SOUTH CAROLINA SHALL MAKE A PARTICULAR DEPOSIT FOR A PARTICULAR PURPOSE WITH THE COMMISSIONER; SUBSECTION F OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING A RETURN TO THE CHIEF INSURANCE COMMISSIONER BY FIRE INSURANCE COMPANIES; SUBSECTION G OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO, AMONG OTHER THINGS, THE PROVISION THAT ANY INSURER OR RATING ORGANIZATION AFFECTED BY CERTAIN PROVISIONS OF LAW MAY, AT ANY TIME UP UNTIL APRIL 1, 1987, MAKE A FILING WITH THE COMMISSIONER REQUESTING A CHANGE IN RATES SOLELY TO REFLECT CHANGES IN CERTAIN IMPOSED TAX LIABILITIES; SUBSECTION H OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO THE PROVISION THAT EACH LICENSE ISSUED UNDER ARTICLE 1 OF CHAPTER 5 OF TITLE 38 IS FOR AN INDEFINITE TERM UNLESS SOONER REVOKED OR SUSPENDED; SUBSECTION J OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO THE PROVISION THAT THE QUARTERLY PAYMENTS REQUIRED OF INSURANCE COMPANIES FOR JUNE 1, 1986, AND SEPTEMBER 1, 1986, ARE DUE AND PAYABLE TO THE CHIEF INSURANCE COMMISSIONER ON OR BEFORE SEPTEMBER 1, 1986; SUBSECTION K OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING THE PAYMENT OF AN ANNUAL LICENSE FEE; SUBSECTION L OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING THE FEE FOR AN ADJUSTER'S LICENSE UNDER THE INSURANCE LAWS; SUBSECTION M OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING FEES FOR INSURANCE AGENTS' LICENSES AND THE ISSUANCE OF SEMIANNUAL LICENSES; SUBSECTION N OF SECTION 31 OF PART II OF ACT 540 OF 1986 RELATING TO AN AMENDMENT OF A SECTION OF THE CODE OF LAWS CONCERNING LICENSES FOR APPRAISERS FOR MOTOR VEHICLE PHYSICAL DAMAGE CLAIMS, THE LICENSE FEE, AND REGULATIONS; AND ACT 513 OF 1986, RELATING TO MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING IMMUNITY.
(R222) H. 2639 -- Reps. Helmly, Day, H. Brown, Williams, Holt, Dangerfield, D. Martin, G. Bailey and Washington: AN ACT TO AMEND SECTION 58-31-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE FOR ADDITIONAL POWERS; AND TO AMEND SECTION 58-31-80, RELATING TO PURPOSES AND OBLIGATIONS OF THE AUTHORITY, SO AS TO PROVIDE ADDITIONAL PURPOSES.
(R223) H. 3145 -- Reps. Foxworth, J. Bradley, Winstead, Mappus and Holt: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE LADIES BENEVOLENT SOCIETY OF THE CITY OF CHARLESTON.
(R224) H. 2750 -- Rep. J.C. Johnson: AN ACT TO AMEND SECTION 14-23-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOOKS, EQUIPMENT, AND PERSONNEL OF EACH COUNTY PROBATE COURT, SO AS TO PROVIDE THAT IF THE PROBATE COURT MAINTAINS THE ORIGINAL OF A DOCUMENT IN THE MASTER FILE OF A MATTER AND A COPY OF THAT DOCUMENT ON MICROFILM OR ON ANOTHER SIMILAR SYSTEM, THEN IT IS NOT NECESSARY FOR THE PROBATE COURT TO MAINTAIN A SECOND SEPARATE BOOK WITH COPIES OF THOSE TYPES OF DOCUMENTS PROVIDED A GENERAL INDEX OR AN INDEX FOR THOSE TYPES OF DOCUMENTS IS MAINTAINED.
(R225) H. 2497 -- Reps. Harvin, Sharpe, Cooper, Kay, Thrailkill, Foxworth, Bennett, Elliott, Sturkie, Faber, Jones, Holt, Snow, Altman, G. Brown, McTeer, Townsend, E.B. McLeod, Whipper, P. Harris, McBride, Blanding, Keyserling, Barfield, Koon, J.H. Burriss, Washington and T. Rogers: A JOINT RESOLUTION PROPOSING AMENDMENTS TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DUAL OFFICEHOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO MEMBERS OF LAWFULLY AND REGULARLY ORGANIZED FIRE DEPARTMENTS AND CONSTABLES WHO HOLD ANOTHER OFFICE.
(R226) H. 2102 -- Reps. P. Harris, J. Harris and Helmly: AN ACT 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.
(R227) H. 3010 -- Rep. Elliott: AN ACT TO AMEND SECTION 50-17-1055, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED DISTANCE OF COMMERCIAL FISHING DEVICES FROM FISHING PIERS OR MANMADE JETTIES, SO AS TO PROVIDE THAT THE ACTIVITIES REFERRED TO IN THIS SECTION ARE NOT BARRED WITHIN THE CORPORATE LIMITS OF A MUNICIPALITY WHOSE NORTHERN AND SOUTHERN BOUNDARIES ARE LOCATED BETWEEN TWO FISHING PIERS WHICH ARE NOT MORE THAN ONE THOUSAND ONE HUNDRED FIFTY YARDS DISTANT FROM EACH OTHER.
(R228) H. 2255 -- Reps. Boan and Hodges: AN ACT 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.
(R229) H. 2607 -- Reps. Elliott, Pearce, Thrailkill and Barfield: AN ACT TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALES OF MEALS OR FOODSTUFFS PROVIDED AT HOME TO ELDERLY OR DISABLED PERSONS TO OR BY NONPROFIT ORGANIZATIONS THAT RECEIVE ONLY CHARITABLE CONTRIBUTIONS IN ADDITION TO SALE PROCEEDS FOR THE PURPOSE OF PROVIDING THE MEALS.
(R230) H. 3083 -- Reps. White, Keyserling and Cork: AN ACT TO AMEND SECTION 7-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO DELETE FROM THE CODE SECTION THE DESCRIPTION OF THE BOUNDARIES OF THE PRECINCTS, ADD NEW PRECINCTS TO THE LIST OF VOTING PRECINCTS IN THE COUNTY, PROVIDE FOR THE PRECINCT LINES DEFINING ALL OF THE COUNTY'S PRECINCTS, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BEAUFORT COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION; AND TO AMEND ACT 1435 of 1970, RELATING TO THE POINT SOUTH PUBLIC SERVICE DISTRICT IN JASPER COUNTY, SO AS TO PROVIDE THAT THE GOVERNING COMMISSION OF THE DISTRICT CONSISTS OF THREE RESIDENTS OF SOUTH CAROLINA APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE COUNTY LEGISLATIVE DELEGATION OF JASPER COUNTY, RATHER THAN THE COUNTY LEGISLATIVE DELEGATIONS OF BOTH JASPER AND BEAUFORT COUNTIES.
(R231) H. 2632 -- Reps. Ogburn, J.W. McLeod, G. Bailey, J. Harris, Boan, M.O. Alexander, Ferguson, Beasley, Lockemy, Neilson and J. Bradley: AN ACT 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 INCREASE THE TOTAL NUMBER OF PERSONS ON THE BOARD FROM FIFTEEN TO SEVENTEEN, PROVIDE THAT THE GOVERNOR'S APPOINTEES, WHO REPRESENT CONSUMERS, MUST ALL BE RESIDENTS OF SOUTH CAROLINA, PROVIDE THAT OF THE PARTICULAR GROUP OF EIGHT PERSONS APPOINTED BY THE CHIEF INSURANCE COMMISSIONER TO THE BOARD TO REPRESENT THE INSURANCE INDUSTRY, NOT LESS THAN FIVE MUST BE RESIDENTS OF SOUTH CAROLINA AND THAT THOSE WHO ARE NOT RESIDENTS OF SOUTH CAROLINA MUST HAVE CERTAIN JOB RESPONSIBILITIES TYING THEM TO SOUTH CAROLINA, PROVIDE THAT ALL FOUR PERSONS APPOINTED BY THE CHIEF INSURANCE COMMISSIONER TO REPRESENT PRODUCERS MUST BE RESIDENTS OF THIS STATE, AND REQUIRE THE CHIEF INSURANCE COMMISSIONER TO APPOINT TWO NEW PERSONS TO THE BOARD TO REPRESENT THE DESIGNATED AGENTS.
(R232) 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: AN ACT 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 WIDTH 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.
At 10:40 A.M. the House resumed, the SPEAKER in the Chair.
Rep. EVATT moved to reconsider the vote whereby the House non-concurred in the Senate Amendments to H. 2463, which was agreed to.
H. 2463 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND ARTICLE 9, SUBARTICLE 3, CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-933, SO AS TO PROVIDE THAT ANY DEGREE, JUDGMENT, OR ORDER REGARDING CHILD SUPPORT OF THIS OR ANY OTHER STATE MAY BE MODIFIED ONLY AS TO INSTALLMENTS ACCRUING SUBSEQUENT TO FILING AND DUE NOTICE OF AN ACTION FOR MODIFICATION AND ONLY UPON A SHOWING OF CHANGED CIRCUMSTANCES, AND TO PROVIDE THAT ALL FOREIGN DEGREES, JUDGMENTS, OR ORDERS OF CHILD SUPPORT MUST BE GIVEN FULL FAITH AND CREDIT IN THIS STATE IN THE MANNER PROVIDED BY LAW; AND TO AMEND SECTION 20-7-934, RELATING TO THE ENFORCEMENT OR MODIFICATION OF ORDERS OF OTHER COURTS BY THE FAMILY COURT, SO AS TO PROVIDE THAT THE AUTHORITY OF THE FAMILY COURT TO ENFORCE OR MODIFY THESE ORDERS IS SUBJECT TO THE LIMITATIONS CONTAINED IN SECTION 20-7-933.
Rep. EVATT proposed the following Amendment No. (Doc. No. 4949U), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 1A, 2A, and SECTIONS 3 through 88 in their entirety and inserting therein the following:
/SECTION 3. This act takes effect upon approval by the Governor./
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.
H. 2518 -- Rep. Ogburn: A BILL TO AMEND SECTION 56-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM MEDICAL, HOSPITAL, AND DISABILITY BENEFITS, PROOF OF LOSS OF INCOME, AND SUBROGATION OR ASSIGNMENT OF BENEFITS UNDER THE AUTOMOBILE REPARATION REFORM ACT OF 1974, SO AS TO PERMIT ASSIGNMENTS TO HOSPITALS, PHYSICIANS, OR OTHER MEDICAL PROVIDERS.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, June 3, by Rep. OGBURN.
Rep. OGBURN moved to adjourn debate upon the Bill until Tuesday, January 12, 1988, which was adopted.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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, G. 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 CLASS 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.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 2450 -- Reps. Foster, Blackwell, Blanding, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cork, Corning, Davenport, Day, Derrick, Elliott, Evatt, Fair, Gordon, P. Harris, Harvin, Hayes, Hearn, Hendricks, Huff, Koon, Lockemy, Mattos, McAbee, E.B. McLeod, T. Rogers, Toal, Winstead and Nesbitt: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOCIAL WORKERS, SO AS TO CHANCE THE COMPOSITION OF THE BOARD OF SOCIAL WORKER REGISTRATION, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE STRINGENTLY REGULATE SOCIAL WORKERS, AND TO REPEAL SECTION 40-63-90 OF THE 1976 CODE RELATING TO THE AUTHORITY OF THE BOARD OF SOCIAL WORKERS REGISTRATION TO PROMULGATE REGULATIONS REQUIRING CONTINUING EDUCATION.
Reps. LOCKEMY and FOSTER proposed the following Amendment No. 2 (Doc. No. 5688Y), which was adopted.
Amend the Report of the Committee on Medical, Military, Public and Municipal Affairs, as and if amended, Section 40-63-75, page 2450-3, by adding after /licensure/ on line 45 /or relicensure/.
Amend title to conform.
Rep. FOSTER explained the amendment.
The amendment was then adopted.
Reps. LOCKEMY and FOSTER proposed the following Amendment No. 3 (Doc. No. 5687Y), which was adopted.
Amend the bill, as and if amended, Section 40-63-70 as contained in SECTION 1, page 8, by striking on line 28 /in South Carolina/.
Amend title to conform.
Rep. FOSTER explained the amendment.
Rep. WHITE moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. FERGUSON, WASHINGTON and WHIPPER proposed the following Amendment No. 4 (Doc. No. 5636Y), which was tabled.
Amend the report of the Committee on Medical, Military, Public and Municipal Affairs, as and if amended, by striking /to the satisfaction of the board/ as contained in Section 40-63-75 on lines 29 and 30 of page 2450-3.
Amend the report further, as and if amended, by striking /, or is presently practicing social work within the South Carolina Department of Social Services having a minimum of sixty hours or equivalent of college credits and is applying for licensure as a Licensed Baccalaureate Social Worker/ as contained in Section 40-63-75 on lines 33 through 38 on page 2450-3.
Amend the report further, as and if amended, by striking the last sentence of Section 40-63-75 which begins on line 41 of page 2450-3.
Amend title to conform.
Rep. FERGUSON explained the amendment.
Rep. WASHINGTON spoke in favor of the amendment.
Rep. LOCKEMY moved to table the amendment.
Rep. FERGUSON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 46 to 17.
Reps. FERGUSON, WASHINGTON and WHIPPER proposed the following Amendment No. 5 (Doc. No. 5637Y), which was tabled.
Amend the bill, as and if amended, in Section 40-63-10, by striking /Examiners/ as contained on line 22 of page 4 and inserting /Reviewers/.
Amend further, as and if amended, in Section 40-63-10, by striking /appointed by the Governor/, as contained on line 23 of page 4 and inserting /elected by the General Assembly/.
Amend further, as and if amended, in Section 40-63-10, by striking /in like manner/, which begins on line 5 of page 5.
Amend title to conform.
Rep. FERGUSON explained the amendment.
Rep. BLANDING spoke against the amendment and moved to table the amendment.
Rep. FERGUSON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 51 to 13.
Reps. FERGUSON, WASHINGTON and WHIPPER proposed the following Amendment No. 6 (Doc. No. 5640Y), which was tabled.
Amend the bill, as and if amended, in Section 40-63-70 by striking /and must have passed an examination conducted by the board, or (2) have a baccalaureate degree in sociology or psychology from a regionally accredited institution in South Carolina provided that the board finds that the training was substantially equivalent to that obtained in social work or social welfare programs, and must have passed an examination conducted by the board/ which begins on line 24 of page 8.
Amend title to conform.
Rep. FERGUSON explained the amendment.
Rep. LOCKEMY spoke against the amendment and moved to table the amendment.
Rep. FERGUSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, G. Baker Baxley Blackwell Blanding Boan Bradley, P. Brown, G. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cooper Cork Corning Derrick. Edwards Evatt Felder Foster Gilbert Harris, J. Harvin Haskins Hawkins Hayes Hearn Hendricks Hodges Klapman Koon Limehouse Lockemy Martin, L. Mattos McAbee McCain McGinnis McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Ogburn Pearce Petty Phillips, O. Rhoad Rice Rudnick Shelton Simpson Thrailkill Tucker Waldrop Wells Williams Winstead
Those who voted in the negative are:
Alexander, T.C. Arthur Day Elliott Ferguson Gordon Gregory Johnson, J.C. Keyserling Lewis Martin, D. Pettigrew Sheheen Short Townsend Washington Whipper White Wilder
So, the amendment was tabled.
Rep. FERGUSON moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. L. MARTIN raised the Point of Order that, under Rule 8.5, the motion to recommit the Bill was out of order as immediate cloture had been ordered.
The SPEAKER sustained the Point of Order.
Rep. FERGUSON moved that the House recede until 12:30.
Rep. LOCKEMY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Davenport Edwards Ferguson Gordon Lewis Pettigrew Petty Phillips, O. Short Washington Whipper
Those who voted in the negative are:
Alexander, T.C. Aydlette Bailey, G. Baker Blackwell Blanding Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cooper Cork Corning Dangerfield Day Derrick Elliott Evatt Faber Felder Foster Gregory Haskins Hayes Hearn Helmly Hendricks Hodges Johnson, J.C. Jones Kay Keyserling Klapman Koon Limehouse Lockemy Mappus Martin, L. Mattos McAbee McCain McGinnis McKay McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Ogburn Pearce Rhoad Rice Rudnick Sharpe Sheheen Simpson Snow Sturkie Thrailkill Townsend Tucker Waldrop Wells Wilder Williams Winstead
So, the House refused to recede until 12:30.
Further proceedings were interrupted by a motion to reconsider, the pending question being consideration of amendments.
Rep. LIMEHOUSE moved to reconsider the vote whereby the following Bill was given a second reading.
S. 139 -- Senator Setzler: A BILL TO AMEND SECTION 57-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITING FOREIGN SUBSTANCES ON HIGHWAYS, SO AS TO INCREASE THE PENALTY WHEN THE DEPOSIT IS LIKELY TO INJURE ANY PERSON, ANIMAL, OR VEHICLE AND TO PROVIDE FOR THE PENALTIES WHEN PERSONAL INJURY OR DEATH RESULTS FROM THE DEPOSIT.
Rep. LIMEHOUSE moved to adjourn debate upon the motion to reconsider.
Rep. KLAPMAN inquired whether the member must have unanimous consent to make the motion to reconsider.
The SPEAKER replied in the negative.
Rep. HENDRICKS inquired if the House adjourned debate on the motion to reconsider, and then failed to take it up again, whether that would hold the Bill up until next session.
The SPEAKER replied in the affirmative.
The question then recurred to the motion to adjourn debate on the motion to reconsider.
Rep. FERGUSON demanded the yeas and nays, which were not ordered.
The motion to adjourn debate on the motion to reconsider was agreed to by a division vote of 38 to 13.
Rep. J.H. BURRISS, with unanimous consent, introduced the Irmo High School Science Team, 1st place National Science winners.
Rep. EDWARDS, with unanimous consent, introduced Tyrone Branch of the School for Deaf and Blind track team winner.
The Senate returned to the House with amendments the following:
H. 3178 -- Reps. R. Brown and J.W. McLeod: A BILL TO REPEAL ACT 1204 OF 1968, AS AMENDED, RELATING TO THE CREATION OF THE MARION-MULLINS VOCATIONAL EDUCATION BOARD OF TRUSTEES.
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 was received.
The General Assembly, Columbia, S.C., June 4, 1987
The Committee of Conference, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill do pass amended as follows: strike all after the enacting words and insert:
/SECTION 1. Section 17-24-10 of the 1976 Code is amended to read:
"Section 17-24-10. (A) It shall be is an affirmative a defense to a prosection for a crime that, at the time of the commission of the act constituting the offense, the defendant, as a result of mental disease or defect, lacked the capacity to distinguish moral or legal right from moral or legal wrong and to recognize the particular act charged as morally or legally wrong.
(B) The defendant has the burden of proving the defense of insanity by a preponderance of the evidence.
(C) (B) Evidence of a mental disease or defect that is manifested only be repeated criminal or other antisocial conduct is not sufficient to establish the defense of insanity."
SECTION 2. Section 17-24-20 of the 1976 Code is amended to read:
"Section 17-24-20. (A) A defendant is guilty but mentally ill if, at the time of the commission of the act constituting the offense, he had the capacity to distinguish right from wrong and to recognize his act as being wrong as defined in Section 17-24-10(A), but because of mental disease or defect he lacked sufficient capacity to conform his conduct to the requirements of the law.
(B) To return a verdict of 'guilty but mentally ill' the burden of proof shall be upon the Sate to prove beyond a reasonable doubt to the trier of fact that the defendant committed the crime and the burden of proof shall be upon the defendant to prove by a preponderance of the evidence that when he committed the crime he was mentally ill as defined in subsection (A).
(C) (B) The verdict of guilty but mentally ill may be rendered only during the phase of a trial which determines guilt or innocence and is not a form of verdict which may be rendered in the penalty phase.
(C) A court may not accept a plea of guilty but mentally ill."
SECTION 3. Section 17-24-30 of the 1976 Code is amended to read:
"Section 17-24-30. In a prosecution for a crime when the affirmative defense of insanity is sufficiently raised by the defendant, or when sufficient evidence of a mental disease or defect of the defendant is admitted into evidence, the trier of fact shall find under the applicable law, and the verdict shall so state, whether the defendant is:
(1) Guilty;
(2) Not guilty;
(3) Not guilty by reason of insanity; or
(4) Guilty but mentally ill."
SECTION 4. Section 17-24-70 of the 1976 Code is amended to read:
"Section 17-24-70. In the event If a verdict is returned or a plea is accepted of 'guilty but mentally ill' the defendant shall must be sentenced by the trial judge as provided by law for a defendant found guilty, however:
(A) If the sentence imposed upon the defendant includes the incarceration of the defendant, the defendant shall must first be taken to a facility designated by the Department of Corrections for treatment and retained there until in the opinion of the staff at that facility the defendant may safely be moved to the general population of the Department of Corrections to serve the remainder of his sentence;
(B) If the sentence includes a probationary sentence, the judge shall have authority to may impose such those conditions and restrictions upon on the release of the defendant as the judge shall deem considers necessary for the safety of the defendant and of the community."
SECTION 5. Section 17-24-90 of the 1976 Code is repealed.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Donald H. Holland /s/David H. Wilkins /s/Thomas E. Smith, Jr. /s/James W. Johnson, Jr. /s/John C. Hayes, III /s/E. LeRoy Nettles, Jr. On Part of the Senate On Part of the House.
The report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 4, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Branton, Matthews and Martschink of the Committee of Conference on the part of the Senate on H. 2700:
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.
Very respectfully,
President
No. 20
Received as information.
Rep. FERGUSON moved that the House do now adjourn and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Davenport Faber Ferguson Gordon Pettigrew Phillips, O. Washington Whipper White
Those who voted in the negative are:
Alexander, T.C. Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Day Derrick Edwards Elliott Evatt Felder Foster Foxworth Gilbert Gregory Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Johnson, J.C. Kay Keyserling Kirsh Klapman Koon Limehouse Lockemy Mappus Martin, L. Mattos McAbee McBride McCain McElveen McGinnis McKay McLellan McLeod, E.B. Moss Neilson Nesbitt Ogburn Petty Phillips, L. Rhoad Rice Rogers, T. Rudnick Sheheen Shelton Simpson Snow Stoddard Toal Townsend Tucker Wells Wilder Wilkins
So, the House refused to adjourn.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 2450 -- Reps. Foster, Blackwell, Blanding, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cork, Corning, Davenport, Day, Derrick, Elliott, Evatt, Fair, Gordon, P. Harris, Harvin, Hayes, Hearn, Hendricks, Huff, Koon, Lockemy, Mattos, McAbee, E.B. McLeod, T. Rogers, Toal, Winstead and Nesbitt: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOCIAL WORKERS, SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF SOCIAL WORKER REGISTRATION, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE STRINGENTLY REGULATE SOCIAL WORKERS, AND TO REPEAL SECTION 40-63-90 OF THE 1976 CODE RELATING TO THE AUTHORITY OF THE BOARD OF SOCIAL WORKERS REGISTRATION TO PROMULGATE REGULATIONS REQUIRING CONTINUING EDUCATION.
Rep. WHITE moved to continue the Bill.
Rep. LOCKEMY raised the Point of Order that the motion to continue the Bill was out of order as immediate cloture had been invoked.
The SPEAKER sustained the Point of Order and ruled the motion out of order.
Rep. FERGUSON moved that the House recede until 2:30 and demanded the yeas and nays, which were not ordered.
The House refused to recede by a division vote of 14 to 65.
Further proceedings were interrupted by a motion to reconsider, the pending question being consideration of amendments.
Rep. FELDER moved to reconsider the vote whereby debate was adjourned on the motion to reconsider the vote whereby the following Bill received a second reading, which was agreed to by a division vote of 37 to 9.
S. 139 -- Senator Setzler: A BILL TO AMEND SECTION 57-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITING FOREIGN SUBSTANCES ON HIGHWAYS, SO AS TO INCREASE THE PENALTY WHEN THE DEPOSIT IS LIKELY TO INJURE ANY PERSON, ANIMAL, OR VEHICLE AND TO PROVIDE FOR THE PENALTIES WHEN PERSONAL INJURY OR DEATH RESULTS FROM THE DEPOSIT.
The question then recurred to the motion to reconsider the vote whereby the Bill received a second reading.
Rep. L. MARTIN raised the Point of Order that the motion to reconsider was improper as the House was considering Special Order legislation, and he insisted on the Special Orders.
The SPEAKER cited Rule 8.14 and sustained the Point of Order.
Rep. HASKINS moved that the House recur to the morning hour.
Rep. BLANDING moved to table the motion.
Rep. L. MARTIN raised the Point of Order that the motion to recur to the morning hour was out of order as the House was considering Special Order legislation and immediate cloture had been invoked.
The SPEAKER, citing precedent of January 28, 1982, sustained the Point of Order.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 2450 -- Reps. Foster, Blackwell, Blanding, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cork, Corning, Davenport, Day, Derrick, Elliott, Evatt, Fair, Gordon, P. Harris, Harvin, Hayes, Hearn, Hendricks, Huff, Koon, Lockemy, Mattos, McAbee, E.B. McLeod, T. Rogers, Toal, Winstead and Nesbitt: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOCIAL WORKERS, SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF SOCIAL WORKER REGISTRATION, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE STRINGENTLY REGULATE SOCIAL WORKERS, AND TO REPEAL SECTION 40-63-90 OF THE 1976 CODE RELATING TO THE AUTHORITY OF THE BOARD OF SOCIAL WORKERS REGISTRATION TO PROMULGATE REGULATIONS REQUIRING CONTINUING EDUCATION.
Rep. FERGUSON moved to continue the Bill.
Rep. TOAL raised the Point of Order that the motion to continue the Bill was out of order as immediate cloture had been invoked.
The SPEAKER sustained the Point of Order.
Rep. FERGUSON moved to table the Bill.
Rep. TOAL raised the Point of Order that the motion to table the Bill was out of order as it had been set for Special Order.
The SPEAKER overruled the Point of Order.
The question then recurred to the motion to table the Bill.
Rep. FERGUSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Ferguson Gregory Johnson, J.C. Kirsh Lewis Phillips, O. Short Washington Whipper White Wilder
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Baxley Blackwell Blanding Bradley, P. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Derrick Edwards Elliott Evatt Felder Foster Foxworth Gilbert Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Johnson, J.W. Kay Keyserling Klapman Koon Limehouse Lockemy Mappus Martin, L. Mattos McAbee McCain McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Rice Rogers, T. Rudnick Sheheen Shelton Simpson Snow Stoddard Sturkie Thrailkill Toal Tucker Waldrop Wells Wilkins
So, the House refused to table the Bill.
Rep. FERGUSON moved that the House recede until 2:15.
Rep. TOAL 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.
The question then recurred to the motion that the House recede until 2:15, which was not agreed to by a division vote of 23 to 54.
Reps. FERGUSON, WASHINGTON and WHIPPER proposed the following Amendment No. 7 (Doc. No. 5641Y), which was tabled.
Amend the bill, as and if amended, in Section 40-63-70 by striking /and must have passed an examination conducted by the board/ which begins on line 37 of page 8.
Amend title to conform.
Rep. WHIPPER explained the amendment.
Rep. FERGUSON moved that the House do now recede until 2:30.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. FERGUSON moved that the House do now adjourn.
Rep. TOAL 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. FERGUSON demanded the yeas and nays, which were not ordered.
The House refused to adjourn by a division vote of 8 to 66.
Rep. BLANDING spoke against the amendment and moved to table the amendment.
Rep. FERGUSON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 15.
Rep. P. BRADLEY inquired whether Rule 8.6(a) did not allow three minutes for various opponents to speak against an amendment, not simply one opponent.
The SPEAKER replied in the affirmative, and stated that only a sponsor of the amendment may speak in favor.
Rep. L. MARTIN moved to reconsider the vote whereby Amendment No. 7 was tabled, which was agreed to.
Rep. BLANDING moved to table the amendment, which was agreed to.
Further proceedings were interrupted by a Conference Report, the pending question being consideration of amendments.
The following was received.
The General Assembly, Columbia, S.C., June 4, 1987
The Committee on Conference, to whom was referred to S. 84:
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.
Beg leave to report that they have duly and carefully considered the same and recommend that the Bill do pass in its entirety as last amended by the Senate.
Amend title to conform.
/s/J. Verne Smith, /s/James E. LockemyChairman
/s/Phil P. Leventis /s/Marion P. Carnell /s/Glenn F. McConnell /s/McKinley Washington, Jr. On Part of the Senate. On Part of the House.
HOUSE AMENDMENTS AMENDED
June 2, 1987
S. 84
S. Printed 6/2/87--S.
Read the first time January 13, 1987.
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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 21 of Title 8 of the 1976 Code is amended by adding:
"Section 8-21-15. (A) No state agency, department, board, committee, commission, or authority, initially may set a fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is authorized by statutory law and set by regulation except as provided in this section.
(B) This section does not apply to:
(1) state-supported governmental health care facilities;
(2) state-supported schools, colleges, and universities;
(3) educational, entertainment, recreational, cultural, and training programs;
(4) the State Board of Financial Institutions;
(5) sales by state agencies of goods or tangible products produced for or by these agencies;
(6) charges by state agencies for room and board provided on state-owned property;
(7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis.
(8) court fees or fines levied in a judicial or adjudicatory proceeding.
(C) This section does not prohibit a state agency, department, board, committee, or commission from charging fees for services provided to other state agencies, departments, boards, committees, commissions, or political subdivisions regardless of whether the fee is set by statute.
(D) Statutory law for purposes of this section does not include regulations promulgated pursuant to the state Administrative Procedures Act."
SECTION 2. This act takes effect upon approval by the Governor.
Rep. CARNELL explained the Conference Report.
Rep. AYDLETTE spoke against the Conference Report.
Rep. FERGUSON spoke in favor of the Conference Report.
Rep. LOCKEMY moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Barfield Baxley Blackwell Blanding Boan Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Cork Corning Elliott Evatt Faber Foster Harvin Hayes Hearn Helmly Hendricks Johnson, J.W. Kay Klapman Koon Lockemy Martin, L. Mattos McAbee McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Phillips, L. Rice Rudnick Sheheen Shelton Simpson Sturkie Thrailkill Toal Tucker Waldrop Wells Wilder
Those who voted in the negative are:
Arthur Aydlette Bailey, K. Baker Bradley, P. Brown, G. Clyborne Derrick Felder Ferguson Gordon Gregory Haskins Johnson, J.C. Keyserling Kirsh Lewis Martin, D. McCain Moss Ogburn Short Townsend Washington Whipper White Williams Winstead
So, having received the necessary vote, immediate cloture was ordered.
Rep. OGBURN moved that the House recede until 1:30 which was rejected by a division vote of 35 to 43.
Rep. FERGUSON was recognized.
Rep. LEWIS moved that the House recede until 2:30.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. FERGUSON spoke in favor of the Conference Report.
Rep. LIMEHOUSE moved that the House recede until 2:00.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. FERGUSON continued speaking.
Rep. GORDON spoke against the Conference Report.
Rep. AYDLETTE moved that the House recede until 2:15.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. GORDON continued speaking.
Rep. BAKER moved that the House recede until 2:30.
Rep. GILBERT 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.
The question then recurred to the motion that the House recede until 2:30, which was agreed to by a division vote of 65 to 9.
Further proceedings were interrupted by the House receding, the pending question being consideration of the Conference Report, Rep. GORDON having the floor.
At 2:30 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. GORDON a leave of absence for the remainder of the day.
Rep. FERGUSON moved that the House do now adjourn.
Rep. FERGUSON demanded the yeas and nays, which were not ordered.
The House refused to adjourn by a division vote of 7 to 62.
The following was received.
Columbia, S.C., June 4, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:45 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
The invitation was accepted by a division vote of 64 to 0.
Debate was resumed on the Conference Report on the following Bill, the pending question being the consideration of the Conference Report.
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.
Rep. LEWIS spoke in favor of the Conference Report.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of the Conference Report, Rep. LEWIS having the floor.
At 2:45 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R233) S. 252 -- Senator Leatherman: AN ACT 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; 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, 1988.
(R234) S. 587 -- Banking and Insurance Committee: AN ACT 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.
(R235) S. 593 -- Banking and Insurance Committee: AN ACT 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 DIRECT THE CHIEF INSURANCE COMMISSIONER TO REVIEW THE CURRENT SYSTEM OF CLASSIFYING AND RATING YOUTHFUL OPERATORS FOR AUTOMOBILE INSURANCE, AND TO PROMULGATE REGULATIONS MAKING NECESSARY CHANGES THERETO NOT LATER THAN FEBRUARY 1, 1988; TO AMEND SECTION 38-37-930, RELATING TO AFFILIATED INSURERS, SO AS TO REVISE THE PROVISIONS OF THE SECTION TO ESTABLISH THOSE CONDITIONS UNDER WHICH APPLICANTS OR POLICYHOLDERS QUALIFY FOR THE BASE RATE OR THE HIGHER OBJECTIVE STANDARDS RATE AND TO REGULATE WHAT RATES MAY BE UTILIZED BY MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS; TO AMEND SECTION 56-11-140, RELATING TO COVERAGE LIMITATIONS, SO AS TO DELETE CERTAIN REFERENCES TO COLLISION AND COMPREHENSIVE COVERAGES; 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 JULY 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; TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS WHICH REQUIRE EACH INSURER LICENSED TO WRITE PROPERTY AND CASUALTY INSURANCE IN THIS STATE, TO SUBMIT CERTAIN INFORMATION AND SUPPLEMENTAL REPORTS RELATING TO ITS WRITINGS IN THIS STATE AND THE UNITED STATES; TO PROVIDE FOR, AMONG OTHER THINGS, THE FORM, COVERAGE, AND CONTENTS OF THE SUPPLEMENTAL REPORT; TO REQUIRE THE CHIEF INSURANCE COMMISSIONER ANNUALLY TO COMPILE AND REVIEW ALL THESE REPORTS SUBMITTED; TO PROVIDE THAT THE INFORMATION SUBMITTED MUST BE PUBLISHED AND MADE AVAILABLE TO INTERESTED INSUREDS OR CITIZENS, AND TO PROVIDE CIVIL PENALTIES FOR INSURERS WHO FAIL TO COMPLY WITH THE PROVISIONS PERTAINING TO THESE REPORTS; TO PROVIDE THAT, WHEN DEALING WITH THE AGENTS OF A COMPANY WHO ARE LICENSED TO SELL AUTOMOBILE INSURANCE, THE COMPANY MAY NOT USE ANY OF THE BUSINESS PLACED IN THE FACILITY IN DETERMINING THE PROFITABILITY OF THAT AGENT'S BUSINESS AND THAT THE COMPANY SHALL NOT ASK ANY AGENT NOT TO WRITE ANY KIND OF AUTOMOBILE BUSINESS OR HOLD THE FACILITY BUSINESS AGAINST ANY AGENT IN ANY MANNER WHICH COULD BE CONSTRUED AS BEING DETRIMENTAL TO THE AGENT; TO AMEND SECTION 56-11-190, RELATING TO REGISTRATION OF MOTOR VEHICLES AND THE MAINTENANCE OF REQUIRED SECURITY, SO AS TO FURTHER PROVIDE FOR THE INFORMATION FURNISHED TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION REGARDING THIS SECURITY; TO AMEND SECTION 56-11-250, RELATING TO AGREEMENTS TO EXCLUDE DESIGNATED NATURAL PERSONS FROM COVERAGE, SO AS TO MAKE CERTAIN PROVISIONS THEREIN MANDATORY BETWEEN THE INSURER AND ANY NAMED INSURED; TO AMEND SECTION 56-9-810, RELATING TO DEFINITIONS FOR PURPOSES OF THE FINANCIAL RESPONSIBILITY ACT, SO AS TO PROVIDE FOR THE DEFINITION OF AN "UNDERINSURED MOTOR VEHICLE"; TO AMEND SECTION 56-9-831, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE, SO AS TO DELETE RESTRICTIONS ON ADDING COVERAGE ON OTHER VEHICLES AND TO PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE NOT SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-37-950, RELATING TO UNREASONABLE USE OF THE REINSURANCE FACILITY BY INSURERS, SO AS TO REVISE CERTAIN PROVISIONS WHICH ESTABLISH A PRIMA FACIE CASE OF UNREASONABLE USE; TO AMEND CHAPTER 1 OF TITLE 38, RELATING TO INSURANCE, BY ADDING SECTION 38-1-140 SO AS TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER MAY ORDER RATES OF INDIVIDUAL INSURERS TO BE REVISED AND EXCESSIVE BENEFITS REBATED UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-9-850, RELATING TO CONDITIONS TO SUE OR RECOVER UNDER THE UNINSURED MOTORIST PROVISION, SO AS TO FURTHER PROVIDE FOR THESE CONDITIONS; TO AMEND ARTICLE 5, CHAPTER 37 OF TITLE 38, RELATING TO RISK CLASSIFICATION PLANS AND REQUIRED INSURANCE, BY ADDING SECTION 38-37-325 SO AS TO PERMIT THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE PLANS TO AFFORD CREDITS OR DISCOUNTS TO CERTAIN AUTOMOBILE INSUREDS; TO AMEND SECTION 56-11-190, RELATING TO MINIMUM MEDICAL, HOSPITAL, AND DISABILITY BENEFITS, PROOF OF LOSS OF INCOME AND SUBROGATION OR ASSIGNMENT OF BENEFITS UNDER THE AUTOMOBILE REPARATION REFORM ACT OF 1974, SO AS TO PERMIT ASSIGNMENTS TO HOSPITALS, PHYSICIANS, OR OTHER MEDICAL PROVIDERS BUT THAT NO SUCH PROVIDER MAY REQUIRE THE ASSIGNMENT AS A CONDITION OF TREATMENT; TO AMEND SECTION 38-37-150, RELATING TO THE SURVEY BY THE CHIEF INSURANCE COMMISSIONER TO ASCERTAIN THE STATE OF MARKETING OUTLETS WITH RESPECT TO AUTOMOBILE INSURANCE AND THE REQUIREMENTS FOR QUALIFICATION AS A DESIGNATED AGENT, SO AS TO CHANGE THESE REQUIREMENTS FOR QUALIFYING AS A DESIGNATED AGENT; TO PROVIDE THAT THE GOVERNING BODY OF THE REINSURANCE FACILITY MAY FOR A PERIOD OF THREE YEARS DESIGNATE CERTAIN APPLICANTS TO WRITE PROPERTY AND CASUALTY INSURANCE; TO AMEND ARTICLE 1, CHAPTER 9, TITLE 38, RELATING TO THE CONDUCT OF INSURANCE BUSINESS BY ADDING SECTION 38-9-375 SO AS TO REQUIRE PROPERTY OR CASUALTY INSURANCE COMPANIES TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN AT LEAST ONE RESIDENT ADJUSTER FOR THE PURPOSE OF INVESTIGATION AND SETTLEMENT OF CLAIMS, AND TO PROVIDE THAT FAILURE TO SO MAINTAIN THIS ADJUSTER IS GROUNDS FOR REVOCATION OF THE COMPANY'S AUTHORIZATION TO DO BUSINESS IN THIS STATE; TO AMEND SECTION 38-37-940, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE, THE AVOIDANCE OF CERTAIN CLASSES OR TYPES OF RISK, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SO AS TO MAKE IT AN ACT OF UNLAWFUL DISCRIMINATION AND UNFAIR COMPETITION FOR AN INSURER TO DO CERTAIN ADDITIONAL ACTS, TO INCREASE THE PERIOD OF REVOCATION OR SUSPENSION OF THE INSURER'S CERTIFICATE OF AUTHORITY AS A PENALTY FOR THESE AND CERTAIN OTHER UNLAWFUL, WILFUL ACTS, FROM SIX TO TWELVE MONTHS, AND TO PROHIBIT INSURERS FROM USING BUSINESS PLACED IN THE REINSURANCE FACILITY WHEN DETERMINING QUALITY BONUS; TO AMEND ARTICLE 7, CHAPTER 9, OF TITLE 38, RELATING TO CANCELLATION AND NONRENEWAL OF PROPERTY AND CASUALTY INSURANCE, BY ADDING SECTION 38-9-890 SO AS TO PROVIDE THAT NO INSURER MAY NONRENEW A POLICY OF HOMEOWNERS INSURANCE BECAUSE THE INSURED HAS FILED A CLAIM WITH THAT INSURER FOR DAMAGES RESULTING FROM AN ACT OF GOD; AND 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 REQUIRE AUTHORIZED AGENTS FOR CERTAIN INSURERS TO PLACE SIGNS IN THEIR OFFICE OR PLACE OF BUSINESS CONTAINING CERTAIN SPECIFIED LANGUAGE.
(R236) H. 2555 -- Education and Public Works Committee: AN ACT TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING EDUCATION GENERALLY, BY ADDING SECTION 59-1-405 SO AS TO PROHIBIT THE DISTRIBUTION OF ANY CONTRACEPTIVE DEVICE OR MEDICATION ON SCHOOL GROUNDS OF ANY PUBLIC ELEMENTARY OR SECONDARY SCHOOL AND TO PROHIBIT A SCHOOL DISTRICT FROM CONTRACTING WITH A CONTRACEPTIVE PROVIDER FOR THE PURPOSE OF DISTRIBUTION.
(R237) H. 3129 -- Reps. Keyserling, White and Cork: AN ACT TO REVISE THE MANNER IN WHICH MEMBERS OF THE BEAUFORT COUNTY BOARD OF EDUCATION MUST BE ELECTED BEGINNING IN 1988, INCLUDING THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE BOARD MUST BE ELECTED, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS SO ELECTED, AND TO PROVIDE THAT IN THE EVENT MEMBERS OF THE GOVERNING BODY OF BEAUFORT COUNTY ARE ELECTED FROM NINE SINGLE-MEMBER ELECTION DISTRICTS, MEMBERS OF THE COUNTY BOARD OF EDUCATION MUST ALSO BE ELECTED FROM THE SAME NINE DISTRICTS.
(R238) 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: AN ACT 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.
(R239) H. 2640 -- Rep. Moss: AN ACT TO AMEND SECTION 7-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE VOTING PRECINCTS IN CHEROKEE COUNTY, SO AS TO REVISE THESE VOTING PRECINCTS AND PROVIDE FOR THE POLLING PLACES.
(R240) H3150 -- Rep. Gregory: AN ACT TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1988, INCLUDING THE ESTABLISHMENT OF NONPARTISAN ELECTIONS AND THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF CERTAIN MEMBERS, TO PROVIDE FOR THE TERMS OF THESE MEMBERS SO ELECTED, TO PROVIDE THAT EFFECTIVE JULY 1, 1989, THE COLLETON COUNTY SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY AND SHALL SERVE AT THE PLEASURE OF THE BOARD, AND TO MAKE THE ABOVE PROVISIONS EFFECTIVE ONLY UPON THEIR APPROVAL IN A REFERENDUM.
(R241) H. 2927 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 16 AND NEW VOLUMES 11A, 16A, AND 20B OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE; AND TO ADOPT THE 1986 CUMULATIVE SUPPLEMENTS TO THE CODE OF LAWS AS PART OF THE CODE AND PROVIDE THAT THESE SUPPLEMENTS, VOLUMES AS SUPPLEMENTED BY THEM, AND THE REPLACEMENT VOLUMES CONSTITUTE THE ONLY GENERAL PERMANENT STATUTORY LAWS OF THE STATE AS OF JANUARY 1, 1987.
(R242) H. 3162 -- Reps. Helmly and H. Brown: AN ACT TO REPEAL ACT 187 OF 1971 RELATING TO THE LOWER BERKELEY SECONDARY TREATMENT AUTHORITY.
(R243) H. 2590 -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1987, AND FOR OTHER PURPOSES; TO PROVIDE FURTHER FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; AND TO ADD, AMEND, AND REPEAL VARIOUS STATUTORY PROVISIONS RELATING TO THE PERMANENT LAW OF THIS STATE.
At 2:55 P.M. the House resumed, the SPEAKER in the chair.
Debate was resumed on the Conference Report on the following Bill, the pending question being the consideration of the Conference Report, Rep. LEWIS having the floor.
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.
Rep. LEWIS continued speaking.
Rep. WASHINGTON spoke in favor of the Conference Report.
Rep. FERGUSON raised the Point of Order that while Rule 8.6 did state that a member could only be heard once, once cloture had been invoked, under Mason's Manual, a member may be heard more than once, if all members who desire to be heard on a Bill have had a chance to speak, and therefore stated he could be heard twice on the Conference Report.
The SPEAKER overruled the Point of Order.
Rep. FABER spoke against the Conference Report.
Rep. LEWIS moved that the House recur to the morning hour.
Rep. CARNELL inquired whether it was proper to interrupt debate on the Conference Report with a motion to recur to the morning hour.
The SPEAKER stated it was a proper motion.
Rep. FELDER inquired whether it was proper to interrupt debate on the Special Order with a motion to recur to the morning hour.
The SPEAKER stated that debate on the Special Order had been interrupted by the Conference Report.
Rep. BLANDING moved to table the motion to recur to the morning hour, which was agreed to by a division vote of 49 to 33.
Rep. BAKER spoke in favor of the Conference Report.
The question then recurred to the adoption of the Conference Report, which was agreed to.
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification, and a message was ordered sent to the Senate accordingly.
Rep. TOAL moved that the House recur to the morning hour.
Rep. FELDER insisted upon the Special Orders of the day.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 2450 -- Reps. Foster, Blackwell, Blanding, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cork, Corning, Davenport, Day, Derrick, Elliott, Evatt, Fair, Gordon, P. Harris, Harvin, Hayes, Hearn, Hendricks, Huff, Koon, Lockemy, Mattos, McAbee, E.B. McLeod, T. Rogers, Toal, Winstead and Nesbitt: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOCIAL WORKERS, SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF SOCIAL WORKER REGISTRATION, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE STRINGENTLY REGULATE SOCIAL WORKERS, AND TO REPEAL SECTION 40-63-90 OF THE 1976 CODE RELATING TO THE AUTHORITY OF THE BOARD OF SOCIAL WORKERS REGISTRATION TO PROMULGATE REGULATIONS REQUIRING CONTINUING EDUCATION.
Reps. FERGUSON, WASHINGTON and WHIPPER proposed the following Amendment No. 8 (Doc. No. 5642Y), which was tabled.
Amend the bill, as and if amended, in Section 40-63-70 by striking /, and must have passed an examination conducted by the board/ which begins on line 3 of page 9.
Amend title to conform.
Rep. TOAL moved to table the amendment.
Rep. LEWIS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 44 to 26.
Rep. FERGUSON moved that the House recur to the morning hour.
Rep. LOCKEMY raised the Point of Order that the motion to recur to the morning hour was out of order while the House was considering Special Order legislation.
The SPEAKER sustained the Point of Order.
Reps. FERGUSON, WASHINGTON, WHIPPER proposed the following Amendment No. 9 (Doc. No. 5643Y), which was tabled.
Amend the bill, as and if amended, in Section 40-63-70 by striking the last paragraph of the section in its entirety beginning on line 5 of page 9.
Amend title to conform.
Rep. LOCKEMY moved to table the amendment.
Rep. WASHINGTON moved to table the Bill.
Rep. FERGUSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bailey, K. Beasley Bennett Carnell Davenport Faber Ferguson Johnson, J.C. Kirsh Lewis Martin, D. McAbee McTeer Phillips, O. Sheheen Toal Townsend Washington Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Baxley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Derrick Edwards Elliott Evatt Fair Felder Foster Gentry Harris, J. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Jones Klapman Limehouse Lockemy Martin, L. McCain McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Ogburn Pearce Pettigrew Petty Rice Rogers, T. Rudnick Sharpe Shelton Simpson Snow Stoddard Sturkie Thrailkill Tucker Waldrop Wells
So, the House refused to table the Bill.
Rep. FERGUSON moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. FERGUSON moved that the House recede until 4:59.
Rep. TOAL 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. FERGUSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Davenport Faber Ferguson Pettigrew Williams
Those who voted in the negative are:
Alexander, T.C. Arthur Bailey, G. Barfield Blackwell Blanding Boan Bradley, J. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Day Derrick Elliott Evatt Fair Felder Foster Gentry Harris, J. Hayes Hearn Helmly Hendricks Hodges Johnson, J.C. Jones Kay Kirsh Klapman Lewis Lockemy Mappus Martin, L. Mattos McAbee McCain McElveen McGinnis McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Pearce Petty Phillips, L. Rice Rogers, T. Rudnick Sheheen Shelton Simpson Snow Stoddard Sturkie Thrailkill Toal Townsend Tucker Waldrop Wells Wilder Winstead
So, the House refused to recede until 4:59.
The question then recurred to the motion to table the amendment, which was agreed to by a division vote of 55 to 15.
Further proceedings were interrupted by a Conference Report, the pending question being consideration of amendments.
The following was received.
The General Assembly, Columbia, S.C., June 4, 1987
The Committee of Conference, to whom was referred S. 392:
S. 392 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the Bill pass amended as follows:
Amend the Bill, as and if amended, page 1, by striking on line 32 of Section 50-17-56 ;as contained in SECTION 1 /December/ and inserting /January/.
Amend the section further, page 2, by striking the first sentence beginning on line 9 and inserting /It is unlawful for any person to take or have in possession more than twenty spotted sea trout or twenty red drum in any one day./
Amend title to conform.
/s/James M. Waddell, Jr. /s/L. Edward Bennett /s/John Drummond /s/Daniel E. Winstead /s/Glenn F. McConnell /s/McKinley Washington, Jr. On Part of the Senate. On Part of the House.
Rep. CORNING moved that the House not accept the Conference Report at this time.
The SPEAKER stated that the orders of the day may not be varied by motion, and he ruled the motion out of order.
Rep. WASHINGTON explained the Conference Report.
Rep. TOAL moved that the House recur to the morning hour.
Rep. BAKER insisted on the Special Orders and raised the Point of Order that the motion to recur to the morning hour was not proper while Special Orders were before the House.
The SPEAKER stated that the Conference Report was before the House, therefore the motion to recur was proper, and he overruled the Point of Order.
The question then recurred to the motion that the House recur to the morning hour, which was agreed to by a division vote of 63 to 25.
Further proceedings were interrupted by recurrence to the morning hour, the pending question being consideration of the Conference Report, Rep. WASHINGTON having the floor.
The following was received.
Columbia, S.C., June 4, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 392:
S. 392 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Very respectfully,
President
No. 18
Received as information.
The following was received.
Columbia, S.C., June 4, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has recommitted the report of the Committee of Conference on S. 316:
S. 316 -- Senator Pope: A BILL TO AMEND SECTION 40-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF APPLICANTS FOR DENTAL, DENTAL HYGIENIST, AND DENTAL TECHNICIAN LICENSES, SO AS TO PROVIDE THAT DENTAL EXAMINATIONS MUST BE GIVEN ANNUALLY AND DENTAL HYGIENIST AND DENTAL TECHNICIAN EXAMINATIONS MUST BE GIVEN QUARTERLY.
Very respectfully,
President
No. 19
Received as information.
The following was received.
Columbia, S.C., June 4, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 84:
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.
Very respectfully,
President
No. 20
Received as information.
The following was received.
Columbia, S.C., June 4, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, Matthews and Leventis of the Committee of Free Conference on the part of the Senate on S. 316:
S. 316 -- Senator Pope: A BILL TO AMEND SECTION 40-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF APPLICANTS FOR DENTAL, DENTAL HYGIENIST, AND DENTAL TECHNICIAN LICENSES, SO AS TO PROVIDE THAT DENTAL EXAMINATIONS MUST BE GIVEN ANNUALLY AND DENTAL HYGIENIST AND DENTAL TECHNICIAN EXAMINATIONS MUST BE GIVEN QUARTERLY.
Very respectfully,
President
No. 21
Received as information.
The following was received.
Columbia, S. C., June 4, 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 H. 2463:
H. 2463 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND ARTICLE 9, SUBARTICLE 3, CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-933, SO AS TO PROVIDE THAT ANY DEGREE, JUDGMENT, OR ORDER REGARDING CHILD SUPPORT OF THIS OR ANY OTHER STATE MAY BE MODIFIED ONLY AS TO INSTALLMENTS ACCRUING SUBSEQUENT TO FILING AND DUE NOTICE OF AN ACTION FOR MODIFICATION AND ONLY UPON A SHOWING OF CHANGED CIRCUMSTANCES, AND TO PROVIDE THAT ALL FOREIGN DEGREES, JUDGMENTS, OR ORDERS OF CHILD SUPPORT MUST BE GIVEN FULL FAITH AND CREDIT IN THIS STATE IN THE MANNER PROVIDED BY LAW; AND TO AMEND SECTION 20-7-934, RELATING TO THE ENFORCEMENT OR MODIFICATION OF ORDERS OF OTHER COURTS BY THE FAMILY COURT, SO AS TO PROVIDE THAT THE AUTHORITY OF THE FAMILY COURT TO ENFORCE OR MODIFY THESE ORDERS IS SUBJECT TO THE LIMITATIONS CONTAINED IN SECTION 20-7-933.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 205
Received as information.
The following was received.
Columbia, S. C., June 4, 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 H. 2183:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 206
Received as information.
The following was received.
Columbia, S. C., June 4, 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. 740:
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.
Very respectfully,
President
No. 204
Received as information.
The following was received.
Columbia, S. C., June 4, 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 H. 2500:
H. 2500 -- Reps. Ogburn, J. Harris, R. Brown, Blackwell, J.W. McLeod, Mattos, Russell, Boan, P. Bradley, M.O. Alexander, T.M. Burriss, Rice and Hearn: A BILL TO AMEND CHAPTER 31 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS GENERALLY BY ADDING SECTION 33-31-180 SO AS TO PROVIDE IMMUNITY FROM SUIT OF DIRECTORS, TRUSTEES, OR MEMBERS OF GOVERNING BODIES OF ELECTRIC COOPERATIVES AND NOT-FOR-PROFIT CORPORATIONS, ORGANIZATIONS, AND ASSOCIATIONS WHICH ARE EXEMPT FROM FEDERAL INCOME TAXATION EITHER UNDER THE PROVISIONS OF SECTION 501(c)(3) OR (c)(6) OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTION TO IMMUNITY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 203
Received as information.
The Senate returned to the House with amendments the following:
H. 2665 -- Reps. M.D. Burriss and McAbee: A BILL TO AMEND SECTION 39-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE REGULATION OF CORN MEAL AND GRITS, SO AS TO REVISE THE DEFINITION OF "APPROPRIATE FEDERAL AGENCY"; TO AMEND SECTION 39-29-40 RELATING TO THE LABELING OF CORN MEAL AND CORN GRITS IN THIS STATE SO AS TO FURTHER PROVIDE FOR THIS LABELING; AND TO AMEND SECTION 39-29-50 RELATING TO EXEMPTIONS FROM THE PROVISIONS REGULATING CORN MEAL AND GRITS SO AS TO PERMIT CORN MEAL MADE FROM CLEAN CORN TO BE SOLD IN PACKAGES OF TEN POUNDS OR LESS UNDER CERTAIN CONDITIONS AND TO PROVIDE PENALTIES FOR CERTAIN ADVERTISING VIOLATIONS.
Rep. SHEHEEN 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.
Rep. DAY moved to adjourn debate upon the Senate amendments to the following Bill, which was adopted.
H. 3196 -- Rep. G. Bailey: A BILL TO AMEND ACT 536 OF 1986, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO ESTABLISH FIVE EQUALLY APPORTIONED SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH FIVE MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 MUST BE ELECTED IN 1988.
Rep. LOCKEMY moved to reconsider the vote whereby the Conference Report on the following Bill was adopted, which was agreed to.
S. 316 -- Senator Pope: A BILL TO AMEND SECTION 40-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF APPLICANTS FOR DENTAL, DENTAL HYGIENIST, AND DENTAL TECHNICIAN LICENSES, SO AS TO PROVIDE THAT DENTAL EXAMINATIONS MUST BE GIVEN ANNUALLY AND DENTAL HYGIENIST AND DENTAL TECHNICIAN EXAMINATIONS MUST BE GIVEN QUARTERLY.
Rep. SHEHEEN moved that the Committee of Conference on the Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Felder Ferguson Foster Gentry Gilbert Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Neilson Nesbitt Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Sturkie Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. LOCKEMY, HAWKINS and THRAILKILL to the Committee of Free Conference and a message was sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., June 4, 1987
The Committee of Free Conference, to whom was referred S. 316.
S. 316 -- Senator Pope: A BILL TO AMEND SECTION 40-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF APPLICANTS FOR DENTAL, DENTAL HYGIENIST, AND DENTAL TECHNICIAN LICENSES, SO AS TO PROVIDE THAT DENTAL EXAMINATIONS MUST BE GIVEN ANNUALLY AND DENTAL HYGIENIST AND DENTAL TECHNICIAN EXAMINATIONS MUST BE GIVEN QUARTERLY.
Beg leave to report that they have duly and carefully considered the same and recommend that the Bill do pass, amended as follows:
Amend the Bill, as and if amended, Section 40-15-140 as contained in SECTION 2, page 1, line 34, by deleting the words "six years" and inserting the words "one year".
Amend title to conform.
/s/Nikki G. Setzler /s/David O. Hawkins /s/Phil P. Leventis /s/James E. Lockemy /s/John W. Matthews /s/Benjamin E. Thrailkill, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 3164 -- Rep. Boan: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 20, 1988, AS THE TIME FOR ELECTING MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL TO FILL THE TWO SEATS ON THE COUNCIL THE TERMS FOR WHICH HAVE EXPIRED OR EXPIRE IN 1987.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate meet in joint assembly in the hall of the House of Representatives at 12:00 noon on Wednesday, January 20, 1988 for the purpose of electing members of the Legislative Audit Council to fill the two seats on the council the terms for which have expired or expire in 1987.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
At the SPEAKER's request, Rep. J. BRADLEY resigned as a member of the Conference Committee because he was one of two minority members serving from the House.
The SPEAKER appointed Rep. PEARCE to the Conference Committee and a message was ordered sent to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 2869 -- Reps. Sheheen, J. Rogers, Dangerfield, Hawkins, McLellan, Pearce, L. Phillips, Toal and Wilkins: A BILL TO AMEND CHAPTER 27 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GASOLINE TAXES, BY ADDING ARTICLE 13 SO AS TO IMPOSE ADDITIONAL TAXES ON THE SALE OF GASOLINE, PROVIDE FOR AN ADDITIONAL CREDIT FOR CERTAIN FUEL PURCHASES IN THE STATE, PROVIDE FOR THE DISTRIBUTION AND USE OF REVENUE DERIVED FROM THE ADDITIONAL TAX, PROVIDE THAT OF THE PROCEEDS DERIVED FROM THE ADDITIONAL TAXES TEN MILLION DOLLARS MUST BE SEGREGATED IN A SEPARATE ACCOUNT FOR ECONOMIC DEVELOPMENT AND PROVIDE FOR EXPENDITURES FROM THIS ACCOUNT, REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUBMIT A PRIORITY LIST OF PROJECTS TO BE FUNDED UNDER THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, REQUIRE THE DEPARTMENT TO REVIEW THE PRIORITY LIST IN ORDER TO ASCERTAIN THE POSSIBILITY OF CONSTRUCTING TOLL ROADS AND ESTABLISH CRITERIA FOR THEIR CONSTRUCTION, ESTABLISH A COMMITTEE TO MONITOR THE EXPENDITURE OF FUNDS FOR THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, AND TO REQUIRE THE DEPARTMENT TO COOPERATE IN PROVIDING INFORMATION AND ASSISTANCE TO IMPLEMENT THE PROVISIONS OF ARTICLE 13 OF CHAPTER 27 OF TITLE 12.
Rep. SHEHEEN explained the Senate amendment.
Rep. P. BRADLEY made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. TOAL moved to waive Rule 5.14.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Arthur Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Dangerfield Day Derrick Edwards Evatt Faber Fair Ferguson Foster Gentry Gilbert Harris, J. Hawkins Hayes Hearn Helmly Hendricks Hodges Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Klapman Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McLellan McLeod, E.B. McLeod, J.W. McTeer Neilson Nesbitt Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Simpson Snow Stoddard Thrailkill Toal Townsend Tucker Washington Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
Aydlette Baker Bradley, P. Brown, R. Corning Davenport Felder Foxworth Haskins Kirsh Kohn Limehouse McCain McEachin McGinnis McKay Moss Ogburn Pettigrew Waldrop Wells Winstead
So, having received the necessary two-thirds vote, Rule 5.14 was waived.
Rep. SHEHEEN continued speaking.
Rep. TOAL moved immediate cloture on the entire matter.
Rep. P. BRADLEY demanded the yeas and nays, which were not ordered.
The motion to invoke immediate cloture was agreed to by a division vote of 53 to 33.
Reps. WALDROP and BAKER spoke against the Senate amendments.
Further proceedings were interrupted by a Rules Committee Report, the pending question being consideration of the Senate amendments.
The following was introduced:
H. 3253 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 860, RELATING TO ADJOURNMENT, FOR IMMEDIATE CONSIDERATION.
Be it resolved by the House of Representatives:
That S. 860 be set by special order for immediate consideration.
Rep. TOAL explained the Resolution.
Rep. DAVENPORT moved to table the Resolution.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Bradley, J. Bradley, P. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Davenport Day Haskins Hearn Koon Limehouse McCain McGinnis Ogburn Pettigrew Phillips, O. Wells
Those who voted in the negative are:
Alexander, T.C. Arthur Aydlette Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Carnell Chamblee Cooper Cork Dangerfield Derrick Edwards Elliott Evatt Faber Felder Ferguson Foster Foxworth Gentry Gilbert Harris, J. Harvin Hawkins Hayes Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Sturkie Thrailkill Toal Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Williams Winstead
So, the House refused to table the Resolution.
Rep. BAKER raised the Point of Order that, under Rule 5.16, a Concurrent or House Resolution may be taken up for immediate consideration only if five members do not object.
The SPEAKER Pro Tempore stated that Resolutions from the Rules Committee are provided for in the Rules to interrupt debate to be taken up for immediate consideration, and he overruled the Point of Order.
The question then recurred to the adoption of the Resolution, which was agreed to.
The Senate sent to the House the following:
S. 860 -- Senators Dennis, Waddell, Lindsay and Moore: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1987, AT 5:00 P.M., THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 9, 10, 11, 12, 16, 17, 18, AND 19, 1987, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 19, 1987, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR SESSION AT 10:00 A.M. ON WEDNESDAY, JUNE 24 AND THURSDAY, JUNE 25, 1987, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 24TH AND JUNE 25TH, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY AdjournS ON THURSDAY, JUNE 25, 1987, NO LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the Senate, the House of Representatives concurring:
That when the respective Houses adjourn on Thursday, June 4, 1987, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 9, 10, 11, 12, 16, 17, 18, and 19, 1987, for consideration of local and uncontested matters which have unanimous consent of the members of the delegation affected by the legislation, and for consideration of resolutions expressing sympathy or congratulations.
That when the respective Houses of the General Assembly adjourn on June 19, 1987, they shall stand adjourned to meet in regular session at 10:00 a.m. on Wednesday, June 24, and Thursday, June 25, 1987, for the consideration of:
1. uncontested bills and resolutions pending third reading consideration;
2. gubernatorial vetoes;
3. receipt and confirmation of appointments;
4. appointments of conference and free conference committees;
5. consideration of conference and free conference reports;
6. ratification of acts;
7. the concurrence or nonconcurrence of any legislative matters received from the other House;
8. resolutions affecting sine die adjournment.
That when the General Assembly adjourns on Thursday, June 25, 1987, no later than 5:00 p.m., it shall stand adjourned sine die.
Reps. TOAL, SHEHEEN and J. ROGERS proposed the following Amendment No. 1 (Doc. No. 5885Y), which was adopted.
Amend the resolution, as and if amended, by striking all after the resolving words and inserting:
/That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that Code section, to permit the General Assembly to continue in session under the following terms and conditions:
(1) When the respective Houses adjourn on Thursday, June 4, 1987, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 9, 10, 11, 12, 16, 17, 18, and 19, 1987, for consideration of local and uncontested matters which have unanimous consent of the members of the delegation affected by the legislation, and for consideration of resolutions expressing sympathy or congratulations.
(2) When the respective Houses of the General Assembly adjourn on June 19, 1987, they shall stand adjourned to meet in regular statewide session at 10:00 a.m. Thursday, June 25, 1987, for the consideration of:
(a) gubernatorial vetoes;
(b) receipt and confirmation of appointments;
(c) appointments of conference and free conference committees;
(d) consideration of conference and free conference reports;
(e) ratification of acts.
(3) When the General Assembly adjourns on Thursday, June 25, 1987, no later than 5:00 p.m., and it may stay in session no later than 5:00 p.m., it shall stand adjourned sine die./
Renumber sections to conform.
Amend title to read:
/TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1987, AT 5:00 P.M., THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 9, 10, 11, 12, 16, 17, 18, AND 19, 1987, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 19, 1987, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 10:00 A.M. ON THURSDAY, JUNE 25, 1987, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 25, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, JUNE 25, 1987, NO LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED SINE DIE./
Rep. TOAL explained the amendment.
The amendment was then adopted.
The Rules Committee proposed the following Amendment No. 2, which was adopted.
Amend as and if amended, by adding a new subsection to the end of Section 2 on page 2 as follows:
(f) the concurrence or nonconcurrence of any legislative matters received from the other House.
Rep. TOAL explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of Senate amendments.
H. 2869 -- Reps. Sheheen, J. Rogers, Dangerfield, Hawkins, McLellan, Pearce, L. Phillips, Toal and Wilkins: A BILL TO AMEND CHAPTER 27 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GASOLINE TAXES, BY ADDING ARTICLE 13 SO AS TO IMPOSE ADDITIONAL TAXES ON THE SALE OF GASOLINE, PROVIDE FOR AN ADDITIONAL CREDIT FOR CERTAIN FUEL PURCHASES IN THE STATE, PROVIDE FOR THE DISTRIBUTION AND USE OF REVENUE DERIVED FROM THE ADDITIONAL TAX, PROVIDE THAT OF THE PROCEEDS DERIVED FROM THE ADDITIONAL TAXES TEN MILLION DOLLARS MUST BE SEGREGATED IN A SEPARATE ACCOUNT FOR ECONOMIC DEVELOPMENT AND PROVIDE FOR EXPENDITURES FROM THIS ACCOUNT, REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUBMIT A PRIORITY LIST OF PROJECTS TO BE FUNDED UNDER THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, REQUIRE THE DEPARTMENT TO REVIEW THE PRIORITY LIST IN ORDER TO ASCERTAIN THE POSSIBILITY OF CONSTRUCTING TOLL ROADS AND ESTABLISH CRITERIA FOR THEIR CONSTRUCTION, ESTABLISH A COMMITTEE TO MONITOR THE EXPENDITURE OF FUNDS FOR THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, AND TO REQUIRE THE DEPARTMENT TO COOPERATE IN PROVIDING INFORMATION AND ASSISTANCE TO IMPLEMENT THE PROVISIONS OF ARTICLE 13 OF CHAPTER 27 OF TITLE 12.
Rep. HASKINS spoke in favor of the Senate amendments.
The question then recurred to the motion to concur in the Senate amendments.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Arthur Bailey, K. Barfield Beasley Bennett Blanding Boan Bradley, J. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Cork Dangerfield Edwards Elliott Evatt Faber Felder Foster Gentry Gilbert Harris, J. Harvin Hawkins Hayes Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Klapman Lewis Lockemy Mappus Martin, D. Martin, L. McAbee McBride McElveen McLellan McLeod, E.B. McLeod, J.W. McTeer Nesbitt Pearce Phillips, L. Rhoad Rogers, J. Rudnick Sheheen Shelton Snow Stoddard Thrailkill Toal Townsend Washington Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
Aydlette Bailey, G. Baker Baxley Blackwell Bradley, P. Brown, G. Burriss, M.D. Chamblee Clyborne Cooper Corning Davenport Day Derrick Fair Ferguson Foxworth Haskins Hearn Kirsh Koon Limehouse Mattos McCain McEachin McGinnis McKay Moss Neilson Ogburn Pettigrew Petty Phillips, O. Rogers, T. Sharpe Simpson Sturkie Taylor Tucker Waldrop Wells Winstead
So, 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, and a message was ordered sent to the Senate.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 3184 -- Rep. Felder: A JOINT RESOLUTION TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY FOR SCHOOL YEAR 1987-88.
Rep. FELDER proposed the following Amendment No. 1 (Doc. No. 5895Y), which was adopted.
Amend the resolution, as and if amended, by striking item (1) of SECTION 2 of the resolution and inserting:
/(1) the chairman of the Calhoun County Legislative Delegation, who shall also be the chairman of the Special Select Committee;/.
Amend title to conform.
The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.
The Senate returned to the House with amendments the following:
H. 2960 -- Rep. Toal: A BILL TO AMEND SECTIONS 31-6-70, 31-6-80, 31-6-100, AND 31-6-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS SO AS TO CHANGE THE BASE YEAR FOR CALCULATING THE INCREMENT FROM THE YEAR BEFORE THE BONDS ARE ISSUED TO THE YEAR IN WHICH THE PLAN IS ADOPTED BY THE MUNICIPALITY; PROVIDE THAT OBLIGATIONS MUST BE DIVIDED IN A CERTAIN MANNER AFTER THEY ARE RETIRED; PROVIDE THAT IN ORDER FOR A MUNICIPALITY TO DERIVE THE BENEFIT OF THE FIVE-YEAR INCREMENT, IT MUST TAKE AFFIRMATIVE ACTION; REQUIRE THE ESTIMATED TERM OF BONDS ISSUED TO FINANCE THE REDEVELOPMENT PLAN BE STATED IN A NOTICE TO VARIOUS TAXING DISTRICTS; SUBSTITUTE THE COUNTY AUDITOR FOR THE COUNTY ASSESSOR AS THE PROPER OFFICIAL TO CERTIFY THE ASSESSED VALUE OF THE PROPERTY WITHIN THE REDEVELOPMENT PROJECT; AND AUTHORIZE A MUNICIPALITY TO AVAIL ITSELF OF ANY POWERS GRANTED UNDER PROVISIONS OF LAW WHICH PROVIDE FOR THE FINANCING OF WATER AND SEWER SYSTEMS INSTEAD OF AUTHORIZING THE REVENUES FROM THESE SYSTEMS TO BE PLEDGED TO SECURE THE BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 6 OF TITLE 31 (TAX INCREMENT FINANCING LAW).
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 returned to the House with amendments the following:
S. 655 -- Senator Hayes: A BILL TO ESTABLISH THE LAKE WYLIE MARINE COMMISSION.
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 returned to the House with amendments the following:
H. 2558 -- Rep. McEachin: A BILL TO AMEND SECTION 33-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED APPROVAL BY THE SHERIFF OF A NONPROFIT CORPORATION'S DECLARATION OF INTENT TO INCORPORATE, SO AS TO PROVIDE THAT THE SHERIFF MAY DISAPPROVE THESE DECLARATIONS FOR CAUSE AND MUST STATE HIS REASONS FOR THE DISAPPROVAL IN WRITING TO THE APPLICANT, AND TO PROVIDE THAT THIS DISAPPROVAL MAY BE APPEALED BY THE APPLICANT TO THE CIRCUIT COURT.
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 was received.
Columbia, S.C., June 4, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 316:
S. 316 -- Senator Pope: A BILL TO AMEND SECTION 40-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF APPLICANTS FOR DENTAL, DENTAL HYGIENIST, AND DENTAL TECHNICIAN LICENSES, SO AS TO PROVIDE THAT DENTAL EXAMINATIONS MUST BE GIVEN ANNUALLY AND DENTAL HYGIENIST AND DENTAL TECHNICIAN EXAMINATIONS MUST BE GIVEN QUARTERLY.
and the report having been adopted by both Houses, has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 21
Received as information.
The following was received.
Columbia, S.C., June 3, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Reappointment, Master-in-Equity, Richland County, to serve full-time with term to expire on June 30, 1991:
James C. Harrison, Jr., P.O. Box 11408, Columbia, S.C. 29211
Very respectfully,
President
No. 6
Received as information.
The Senate sent to the House the following:
S. 859 -- Senators Lindsay and Wilson: A CONCURRENT RESOLUTION TO DESIGNATE THE OPERATIONS ROOM AT THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION HEADQUARTERS AT 1429 SENATE STREET IN COLUMBIA, SOUTH CAROLINA, AS "THE JOSH MOORE EMERGENCY OPERATIONS CENTER" IN HONOR OF COLONEL JOSH MOORE, DIRECTOR OF THE DIVISION, UPON HIS RETIREMENT.
Whereas, the members of the General Assembly have learned with regret that Colonel Josh Moore is retiring on June 30, 1987, after having served with great distinction as director of the Emergency Preparedness Division in the office of the Adjutant General for approximately four and one-half years; and
Whereas, his advice, judgment, honesty, perception, and leadership will be sorely missed by all those who work in emergency management in South Carolina; and
Whereas, the members of the General Assembly, by this resolution, are desirous of honoring this outstanding individual in a very appropriate way upon the occasion of his retirement. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly hereby designates the operations room at the South Carolina Emergency Preparedness Division headquarters at 1429 Senate Street in Columbia, South Carolina, as "The Josh Moore Emergency Operations Center".
Be it further resolved that a copy of this resolution be forwarded to the Adjutant General.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 858 -- Senator Moore: A CONCURRENT RESOLUTION COMMENDING SGT. WILLIAM H. HARVEY OF AIKEN COUNTY FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE STATE HIGHWAY PATROL, AND WISHING HIM THE VERY BEST FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3254 -- Rep. Barfield: A CONCURRENT RESOLUTION TO COMMEND MRS. JUANITA R. JOHNSON, ONE OF THE MOST ACCOMPLISHED EDUCATORS AND SPEECH CLINICIANS IN THE HORRY COUNTY SCHOOL DISTRICT, UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3255 -- Reps. Edwards, Davenport, Ferguson, Hawkins, McGinnis, Petty and Wells: A CONCURRENT RESOLUTION TO COMMEND TYRONE ALOYSIUS BRANCH OF GREENVILLE, A STUDENT AT THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND, FOR HIS OUTSTANDING ATHLETIC ACHIEVEMENTS AS A TRACK STAR AT THE SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3256 -- Rep. Harvin : A CONCURRENT RESOLUTION TO CONGRATULATE RICHARD F. DAVIS OF COLUMBIA UPON BEING CHOSEN THE 1987 ASSOCIATION EXECUTIVE OF THE YEAR BY THE SOUTH CAROLINA SOCIETY OF ASSOCIATION EXECUTIVES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3257 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE G. H. "TOOTSY" HARDY FOR HIS MANY YEARS OF DEDICATED AND UNSELFISH SERVICE TO THE CITIZENS OF CLARENDON COUNTY AS COUNTY SUPERVISOR, A MEMBER OF COUNTY COUNCIL, AND DIRECTOR OF PUBLIC WORKS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The SPEAKER stated that on the local legislative days provided for in the Sine Die Resolution, local and uncontested matters having unanimous consent of the delegation members, who have submitted permission to the Clerk in writing, may be given a reading.
The Senate returned to the House with concurrence the following:
H. 3254 -- Rep. Barfield: A CONCURRENT RESOLUTION TO COMMEND MRS. JUANITA R. JOHNSON, ONE OF THE MOST ACCOMPLISHED EDUCATORS AND SPEECH CLINICIANS IN THE HORRY COUNTY SCHOOL DISTRICT, UPON HER RETIREMENT.
H. 3255 -- Reps. Edwards, Davenport, Ferguson, Hawkins, McGinnis, Petty and Wells: A CONCURRENT RESOLUTION TO COMMEND TYRONE ALOYSIUS BRANCH OF GREENVILLE, A STUDENT AT THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND, FOR HIS OUTSTANDING ATHLETIC ACHIEVEMENTS AS A TRACK STAR AT THE SCHOOL.
H. 3256 -- Rep. Harvin : A CONCURRENT RESOLUTION TO CONGRATULATE RICHARD F. DAVIS OF COLUMBIA UPON BEING CHOSEN THE 1987 ASSOCIATION EXECUTIVE OF THE YEAR BY THE SOUTH CAROLINA SOCIETY OF ASSOCIATION EXECUTIVES.
H. 3257 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE G. H. "TOOTSY" HARDY FOR HIS MANY YEARS OF DEDICATED AND UNSELFISH SERVICE TO THE CITIZENS OF CLARENDON COUNTY AS COUNTY SUPERVISOR, A MEMBER OF COUNTY COUNCIL, AND DIRECTOR OF PUBLIC WORKS.
The following was received.
The General Assembly, Columbia, S.C., June 4, 1987
The Committee of Conference, to whom was referred:
H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS, PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND A POSSESSION LIMIT; AND TO INCREASE PENALTIES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the Bill pass amended as follows:
Amend the Bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-17-1620 of the 1976 Code is amended to read:
"Section 50-17-1620. (A) It is unlawful to catch or take shrimp by east net any means for commercial purposes outside the areas as specified in Sections 50-17-1510, 50-17-1520, and 50-17-1590 or outside the legal channel net zones as established by the Wildlife and Marine Resources Department, other than for sale as live bait. , in or near any waters or bottoms which have been baited by placing, depositing, or scattering any material to attract or lure shrimp toward the bait or to cause shrimp to congregate in the area where the bait is placed. Furthermore, it is unlawful to take or to attempt to take shrimp by the use of a shrimp trap or shrimp pot.
(B) The Wildlife and Marine Resources Department shall establish annually a forty-five day open season between September first and November first for taking shrimp over baited areas. The forty-five days may, but are not required to be, consecutive. It is unlawful for anyone to take, or attempt to take, shrimp over bait during the closed season for taking shrimp over bait. The provisions of this subsection do not apply to anyone taking or attempting to take shrimp over bait by the use of a drop net from a pier, dock, or other structure permanently affixed to the high land.
(C) It is unlawful for any resident or nonresident of this State to take shrimp by cast net over bait during the open season unless he first obtains from the Division of Marine Resources a shrimp baiting permit and associated tags. Upon receipt of application and fees, the Division of Marine Resources shall issue the permit along with five marking device tags bearing the corresponding permit number. Every permittee while shrimping over bait shall carry on his person his baiting permit and upon demand shall show it to any conservation officer.
(D) It is unlawful for any person to borrow, loan, or exchange a baiting permit or tags with another person. In addition to the penalties set forth in this section, he shall forfeit any right to any baiting permit and tags issued to him and is prohibited from procuring another baiting permit and tags for the season for which the baiting permit and tags so borrowed, exchanged, or loaned was issued.
(E) The fee for a resident shrimp baiting permit and associated tags is twenty-five dollars. The fee for the issuance of the nonresident shrimp baiting permit and associated tags is one hundred dollars. The Division of Marine Resources may issue duplicate baiting permits or tags upon affidavit from the permittee that he has lost his baiting permit or tags. The duplicate permit or tags must be labeled 'Duplicate'. The fee for the issuance of a duplicate shrimp baiting permit is twenty-five dollars for residents and one hundred dollars for nonresidents. The fee for the issuance of each duplicate tag is one dollar for residents and four dollars for nonresidents.
All monies derived from the issuance of all permit and tags authorized in this section is retained by the department for the purposes of administration and enforcement of this section and Section 50-17-1621.
(F) It is unlawful for any person to catch or take shrimp over a baited area unless:
(1) each bait deposit is marked by a biodegradable pole not to exceed one inch in diameter which is driven into the ground and with the department-issued tag securely attached to it;
(2) each pole is plainly marked with white reflective tape;
(3) there is a five pole limit a boat a day, additional boats in tow may not be used to increase the number of authorized poles;
(4) there is a five pole limit for each person who is shrimping over a baited area if no boat is being used;
(5) if more than one pole is being used, the distance between the first and the last pole may not exceed fifty yards;
(6) the minimum distance between each set of poles may not be less than twenty-five yards;
(7) no pole or set of poles may be left unattended, and if the permittee is not located in the immediate vicinity, the poles must be confiscated by the department;
(8) the permittee is allowed to shrimp over only those poles bearing his corresponding permit number;
(9) it is unlawful during the closed season for taking shrimp over bait to have aboard any boat any material that can be used to attract, lure, or cause shrimp to congregate.
(G) The provisions of subsection (F) do not apply to anyone taking or attempting to take shrimp by the use of a drop net or cast net over bait from a pier, dock, or other structure permanently affixed to the high land.
(H) Any person violating who violates the provisions of this section subsection (A) is guilty of a misdemeanor and, upon conviction, shall must be fined not more than two hundred dollars or imprisoned for not more than thirty days, and the shrimp baiting permit, associated tags, the boat and equipment licenses and the fisherman's land and sell license of such person shall must be suspended for one year. and the The boat, rigging, nets, equipment, and the catch shall must be seized and forfeited as provided in Section 50-17-1615.
(I) Any person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-1615.
(J) Any person who violates the provisions of subsections (C) or (D) is guilty of a misdemeanor and upon conviction for a first offense, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days, and the catch must be seized and forfeited as provided in Section 50-17-1615. Any person who violates these subsections for a second or subsequent offense is guilty of a misdemeanor and must be fined two hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-1615.
(K) Any person who violates the provisions of subsection (F) is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars, and the catch must be seized and forfeited as provided in Section 50-17-1615.
(L) Each pound of shrimp taken in violation of the provisions of this section constitutes a separate offense."
SECTION 2. Section 50-17-1621 of the 1976 Code is amended to read:
"Section 50-17-1621. (A) When taking shrimp over bait, There there is a catch limit of not more than fifty forty-eight quarts of whole shrimp or thirty twenty-nine quarts of headed shrimp, including ice, a set of poles a day. for each household. Possession of more than the catch limit of shrimp by any person using a shrimp seine or cast net or aboard any boat transporting any shrimp seine or cast net is prima facie evidence of a violation of this section. When no bait is being used, the catch limit is forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp, including ice, for each person a day not to exceed forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp, including ice, a boat a day. When a seine or seines are being used to take shrimp, one catch limit is allowed a day among the persons using the seines. As used in this section, a day means sunrise on one day to sunrise on the following day.
(B) It is unlawful for any person to have in his immediate control or possession more than forty-eight quarts of whole shrimp or twenty-nine the waters or the lands immediately adjacent to the waters. The possession limit is ninety-six quarts of whole shrimp or fifty-eight quarts of headed shrimp, including ice, for anyone traveling from the shore to his home, business, or other onshore destination. The subsection does not apply to any commercial fisherman transporting his catch to a licensed seafood dealer, or to any licensed dealer distributing his product.
(C) Any person violating who violates the provisions of this section:
(1) by taking more than forty-eight quarts of whole shrimp, including ice, or more than twenty-nine quarts of headed shrimp, including ice, or for exceeding the lawful possession limit while not on the waters or the lands immediately adjacent is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days, and the entire catch must be seized and forfeited as provided in Section 50-17-1615.;
(2) for a second or subsequent offense of possession of any number of quarts of shrimp over the lawful daily catch limit or possession limit is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days. In addition, the boat, motor, trailer, rigging, coolers, fishing devices, and the entire catch must be seized and forfeited as provided in Section 50-17-1615."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/James M. Waddell, Jr. /s/Eugene D. Foxworth, Jr. /s/John Drummond /s/H.E. Pearce, Jr. Glenn F. McConnell Fred L. Day On Part of the Senate. On Part of the House.
Rep. FOXWORTH explained the Conference Report.
Rep. LIMEHOUSE raised the Point of Order that the Conference Report was out of order as it had not been printed in the Journal and explained by the conferees, as provided for in Rule 5.15.
The SPEAKER sustained the Point of Order.
Rep. PEARCE moved to waive Rule 5.14.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Arthur Aydlette Bailey, K. Barfield Baxley Bennett Boan Brown, G. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Cork Corning Dangerfield Derrick Edwards Elliott Evatt Felder Ferguson Foster Foxworth Gentry Harris, J. Hayes Hearn Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Lewis Mappus Martin, D. Mattos McAbee McElveen McGinnis McLellan McTeer Neilson Nesbitt Pearce Petty Phillips, L. Phillips, O. Rhoad Rogers, T. Sheheen Shelton Simpson Snow Stoddard Thrailkill Toal Townsend Waldrop Washington Wells Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
Bradley, J. Brown, H. Davenport Day Harvin Koon Limehouse Lockemy McEachin McKay Moss Pettigrew Sharpe Winstead
So, having received the necessary two-thirds vote, Rule 5.14 was waived.
Rep. LIMEHOUSE moved that the House do now adjourn and demanded the yeas and nays, which were not ordered.
The House refused to adjourn by a division vote of 9 to 86.
Rep. LIMEHOUSE moved that the House recede until 5:00.
Rep. LIMEHOUSE demanded the yeas and nays, which were not ordered.
The House refused to recede until 5:00.
Rep. LIMEHOUSE was recognized.
Further proceedings were interrupted by a Message from the Senate, the pending question being consideration of the Conference Report, Rep. LIMEHOUSE having been recognized.
The following was received.
Columbia, S. C., June 4, 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. 860:
S. 860 -- Senators Dennis, Waddell, Lindsay and Moore: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1987, AT 5:00 P.M., THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 9, 10, 11, 12, 16, 17, 18, AND 19, 1987, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 19, 1987, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR SESSION AT 10:00 A.M. ON WEDNESDAY, JUNE 24 AND THURSDAY, JUNE 25, 1987, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 24TH AND JUNE 25TH, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, JUNE 25, 1987, NO LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED SINE DIE.
Very respectfully,
President
No. 207
Received as information.
Debate was resumed on the Conference Report on the following Bill, the pending question being the consideration of the Conference Report, Rep. LIMEHOUSE having been recognized.
H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS, PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND POSSESSION LIMIT; AND TO INCREASE PENALTIES.
Rep. TOAL raised the Point of Order that it was now 5:00 p.m., and in accordance with S. 860, the House was now adjourned.
The SPEAKER sustained the Point of Order and ruled that the House was now adjourned.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Conference Report, Rep. LIMEHOUSE having been recognized.
At 5:00 P.M. the House in accordance with Rep. TOAL's Point of Order (Section 2-1-180 of 1976 Code of Laws), and with S. 860 (Sine Die Adjournment Resolution), adjourned to meet at 10:00 A.M. on Tuesday, June 9, 1987.
This web page was last updated on
Tuesday, June 30, 2009 at 1:39 P.M.