Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by House Page Carson Fox.
The Psalmist gives us confidence and assurance when he writes: "The Lord is my Light and my Salvation; the Lord is the Strength of my life; of whom shall I be afraid?" - Psalm 27:1
O God, our Father, by Whose grace we are redeemed and under Whose all-seeing eye we daily live, hold us safely in Your keeping that our goodly heritage may pass on undiminished to those who succeed us. Keep us faithful to the precepts which have made our Nation great, good and strong. Sustain us with patience, wisdom and high resolve. And on our homeward journey, grant protection as we travel. To all give rest of body, renewal of mind and peace of conscience.
And to You shall be all praise and thanksgiving. 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 were received.
January 14, 1988
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 906)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 13, 1988 regulations concerning Utilization of Generic Teacher Certification from the Department of Education.
They are hereby referred to the Committee on Education and Public Works for consideration.
Sincerely,
Robert J. Sheheen
January 13, 1988
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 13, 1988 regulations concerning Wholesale Drug Distribution and Manufacturers from the South Carolina Board of Pharmacy.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
January 14, 1988
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 13, 1988 regulations concerning Principal Evaluation Program (Education Improvement Act of 1984) from the Department of Education.
They are hereby referred to the Committee on Education and Public Works for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3365 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO REPEAL SECTION 61-13-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF UNSTAMPED ALCOHOLIC LIQUORS AS CONTRABAND.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993 ; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.
Ordered for consideration tomorrow.
On motion of Rep. J. ROGERS, with unanimous consent, the following was taken up for immediate consideration:
H. 3529 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION TO SET WEDNESDAY, JANUARY 20, 1988, IMMEDIATELY FOLLOWING THE ELECTION TO FILL SEATS ON THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AS THE TIME FOR THE ELECTION OF THE SUCCESSOR TO FILL THE UNEXPIRED TERM OF THE HONORABLE JULIUS B. NESS, CHIEF JUSTICE OF THE SUPREME COURT, AND TO FIX 11:00 A.M. ON WEDNESDAY, JANUARY 27, 1988, AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY TO ELECT SUCCESSORS FOR CERTAIN MEMBERS OF THE SUPREME, CIRCUIT, AND FAMILY COURTS.
Be it resolved by the House of Representatives, the Senate concurring:
That on Wednesday, January 20, 1988, immediately following the election to fill seats on the South Carolina Employment Security Commission, the House of Representatives and the Senate shall meet in joint session in the Hall of the House of Representatives for the purpose of electing a successor to fill the unexpired term of The Honorable Julius B. Ness, Chief Justice of the Supreme Court, whose term expired July 31, 1994.
Be it further resolved that on Wednesday, January 27, 1988, at 11:00 a.m. the House of Representatives and the Senate shall meet in joint session in the Hall of the House of Representatives for the purpose of electing the following officers in the order set forth in this resolution: the election of the successor to The Honorable David W. Harwell, Associate Justice of the Supreme Court, whose term expires July 31, 1988; the election of the successor to fill the unexpired term of The Honorable S. Norwood Gasque, seat number two of the Family Court for the Fourth Judicial Circuit, whose term expires February 29, 1989; the election of the successor to The Honorable Walter J. Bristow, Jr., Fifth Judicial Circuit, whose term expires June 30, 1988; and the election of the successor to The Honorable George T. Gregory, Jr., Associate Justice of the Supreme Court, whose term expires July 31, 1996.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3530 -- Reps. Baxley, Snow, Altman, Thrailkill, Pearce and Harvin: A CONCURRENT RESOLUTION TO COMMEND THE JOINT VETERANS COUNCIL OF SOUTH CAROLINA, INC., FOR ITS EFFORTS IN PROMOTING THE INTERESTS OF VETERANS IN THIS STATE, AND TO RECOGNIZE IT AS A REPRESENTATIVE BODY OF VETERANS AND VETERANS' ORGANIZATIONS IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3531 -- Reps. J. Bradley, Winstead, Foxworth, Whipper, D. Martin, Dangerfield, Kohn, Holt, Blanding, Washington, Mappus, McElveen, E.B. McLeod and Barfield: A BILL TO AMEND SECTION 17-3-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE APPROPRIATIONS FOR THE MAINTENANCE OF CORPORATIONS FOR THE DEFENSE OF INDIGENTS, SO AS TO REVISE THE MANNER IN WHICH STATE APPROPRIATIONS ARE ALLOCATED TO EACH COUNTY FOR THIS PURPOSE.
Referred to Committee on Ways and Means.
H. 3532 -- Rep. J. Bradley: A BILL TO AMEND CHAPTER 11, TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANK DEPOSITS, BY ADDING SECTION 34-11-135 SO AS TO PROVIDE THAT NO BANK, SAVINGS AND LOAN, CREDIT UNION, OR OTHER FINANCIAL INSTITUTION IN THIS STATE ACCEPTING DEPOSITS MAY LEVY A SERVICE CHARGE OR FEE AGAINST ANY ACCOUNT BECAUSE OF INACTIVITY IN THE ACCOUNT.
Referred to Committee on Ways and Means.
H. 3533 -- Reps. Kay, Sharpe, Jones, L. Phillips, Whipper, Townsend, P. Harris, D. Martin, Shelton, Rice, K. Bailey, Bennett, E.B. McLeod, Hearn, Humphries, Foxworth, Mappus and Nesbitt: A BILL TO AMEND SECTION 47-5-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS SUSPECTED OF HAVING RABIES, SO AS TO PROVIDE THAT CAPTURE, IMPOUNDMENT, AND EUTHANIZATION OF THE ANIMALS MUST BE PERFORMED BY COUNTY HEALTH DEPARTMENTS.
Referred to Committee on Agriculture and Natural Resources.
H. 3534 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-77-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF AUTOMOBILE INSURANCE, SO AS TO DEFINE "INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE" FOR THESE PURPOSES.
Referred to Committee on Labor, Commerce and Industry.
H. 3535 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-51-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ADMINISTRATOR OF INSURANCE BENEFITS PLANS, SO AS TO EXEMPT THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION AND ANY PERSON WHO ADJUSTS OR SETTLES CLAIMS AS ITS EMPLOYEE OR AGENT.
Referred to Committee on Labor, Commerce and Industry.
H. 3536 -- Reps. Blanding, Baxley, G. Brown and E.B. McLeod: A BILL TO REVISE THE BOUNDARIES OF SUMTER SCHOOL DISTRICT NO. 17.
On motion of Rep. BLANDING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3537 -- Reps. T.M. Burriss and Hearn: A BILL TO AMEND SECTION 38-57-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES ON INSURANCE CONTRACTS, SO AS TO DELETE THE PROHIBITION AGAINST SPECIAL INDUCEMENTS AND REBATES.
Referred to Committee on Labor, Commerce and Industry.
H. 3538 -- Rep. Aydlette: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-471 SO AS TO DIRECT THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS RELATING TO SCHOOL BUS DRIVER TRAINING AND SPECIFY PROVISIONS TO BE INCLUDED IN THE REGULATIONS.
Referred to Committee on Education and Public Works.
On motion of Rep. BLANDING, with unanimous consent, it was ordered that H. 3536 be read the second time tomorrow.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, R. Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Fair Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Taylor Thrailkill Toal Townsend Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on January 14, 1988.
Paul Derrick Gene Stoddard Thomas N. Rhoad Johnny Tucker Olin Phillips C. Lenoir Sturkie Dave C. Waldrop James Faber Tee Ferguson Frank McBride Joe E. Brown Denny W. Neilson Robert Kohn Dick Elliott Larry Koon Joseph McElveen John H. Burriss John G. Felder
LEAVE OF ABSENCE
The SPEAKER granted Rep. EDWARDS a leave of absence for the day.
Announcement was made that Dr. Dan Brake of Charleston is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3446 -- Greenville Delegation: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLLING PRECINCTS AND VOTING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE IN PRECINCT 97 (PLINEY) FROM PLINEY GRANGE HALL TO FIVE FORKS BAPTIST CHURCH.
H. 3195 -- Rep. J. Bradley: A BILL TO AMEND SECTION 5-27-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERMITS TO CERTAIN ORGANIZATIONS TO SOLICIT FUNDS FROM MOTORISTS WITHIN A MUNICIPALITY, SO AS TO ALSO PERMIT THIS SOLICITATION WITHIN THE UNINCORPORATED AREA OF A COUNTY, AND TO PROVIDE THAT THE COUNTY OR MUNICIPALITY IS IMMUNE FROM LIABILITY FOR ANY LOSS OR INJURY OCCURRING AS A RESULT OF THESE SOLICITATIONS, TO AMEND SECTION 15-78-60, RELATING TO WHEN A GOVERNMENTAL ENTITY IS NOT LIABLE UNDER THE TORT CLAIMS ACT SO AS TO PROVIDE THAT THERE IS ALSO NO LIABILITY AS A RESULT OF SOLICITATIONS AUTHORIZED BY SECTION 5-27-910, AND TO AMEND SECTION 56-5-3180, RELATING TO SOLICITATIONS BY PEDESTRIANS SO AS TO AUTHORIZE SOLICITATIONS PURSUANT TO SECTION 5-27-910.
H. 2019 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO PROVIDE A PLAN FOR THE WRITING OF LEGAL PROFESSIONAL LIABILITY INSURANCE FOR ATTORNEYS THROUGH A JOINT UNDERWRITING ASSOCIATION UPON A FINDING OF AN EMERGENCY BY THE INSURANCE COMMISSION BECAUSE THIS INSURANCE IS NOT AVAILABLE THROUGH NORMAL CHANNELS OR AT A REASONABLE COST.
H. 3194 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-55-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATEMENT OF CHARGES AND NOTICE OF HEARING SERVED BY THE CHIEF INSURANCE COMMISSIONER ON A PERSON ALLEGED TO HAVE COMMITTED AN UNFAIR OR DECEPTIVE INSURANCE TRADE PRACTICE, SO AS TO REQUIRE THE COMMISSIONER TO ACT ON COMPLAINTS ALLEGING THE ABOVE WITHIN SIXTY DAYS AFTER RECEIPT.
H. 2572 -- Reps. J.C. Johnson and Snow: A BILL TO REPEAL SECTION 17-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SERVICE OF CRIMINAL PROCESS ON SUNDAY.
H. 2671 -- Reps. Limehouse, Hodges and McCain: A BILL TO AMEND SECTION 8-17-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE AGENCY EMPLOYEE GRIEVANCE PLANS AND PROCEDURES, SO AS TO CHANGE THE TIME FOR APPEALING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE.
H. 2955 -- Reps. Hodges and Baxley: A BILL TO PROVIDE THAT IN CIVIL ACTIONS PROOF OF SERVICE BY PUBLICATION MAY BE MADE BY THE AFFIDAVIT OF A SOUTH CAROLINA NOTARY PUBLIC THAT THE APPROPRIATE NOTICE HAS BEEN PRINTED OR PUBLISHED.
H. 2533 -- Rep. Blackwell: A BILL TO AMEND SECTION 24-21-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDON CONSIDERATION, SO AS TO ADD A GUIDELINE WHICH WOULD AUTHORIZE THE VICTIM OF A CRIME OR ANY MEMBER OF THE CONVICTED PERSON'S FAMILY LIVING WITHIN THE STATE TO PETITION FOR A PARDON FOR ANY PERSON WHO IS NO LONGER AN INMATE OR A PROBATIONER.
H. 3445 -- Rep. Davenport: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OPTIMIST CLUB OF SPARTANBURG, SOUTH CAROLINA, IN SPARTANBURG COUNTY.
H. 3475 -- Rep. Pearce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GYMKALOS INVESTMENT CORPORATION IN HORRY COUNTY.
The following Bill was taken up.
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 motion of Rep. LIMEHOUSE to reconsider the vote whereby the Bill was given a second reading was taken up and agreed to.
Rep. LIMEHOUSE proposed the following Amendment No. 2 (Doc. No. 0906J), which was adopted.
Amend the bill, as and if amended, by striking Section 57-7-20 of the 1976 Code, as contained in SECTION 1, commencing on line 26 of page 1 through line 7 of page 2 and inserting:
/Section 57-7-20. (A) No person shall may place, throw, or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance or object likely to injure any person, animal, or vehicle upon such the highway. Any person who drops or permits to be dropped or thrown upon any highway any destructive or injurious material shall immediately remove it immediately or cause it to be removed. Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such the vehicle. A violation of any of the provisions of this section shall be is punishable by a fine of not more than one hundred dollars or imprisonment for not more than thirty days.
(B) If any person knowingly, with malicious intent, violates subsection (A), he must be punished by a fine of not less than two hundred nor more than one thousand dollars or imprisoned for not less than ten nor more than sixty days.
(C) If any person knowingly, with malicious intent, violates the provisions of subsection (B) and causes personal injury, upon conviction, he must be punished by a fine of not less than five hundred nor more than two thousand dollars or imprisoned for not less than one nor more than three years, or both.
(D) If any person knowingly, with malicious intent, violates the provisions of subsection (C) and a death results upon conviction, he must be punished as provided in Section 16-3-20./
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was then read the second time and ordered to third reading.
The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.
S. 651 -- Senators Thomas E. Smith, Jr., Peeler, Bryan and Hayes: A BILL TO AMEND SECTION 44-23-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST FURNISHING A PATIENT OR PRISONER UNDER JURISDICTION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH WITH ANY MATTER DECLARED CONTRABAND, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR NEGLIGENTLY ALLOW A PATIENT OR PRISONER TO HAVE ACCESS TO ALCOHOLIC BEVERAGES, FIREARMS, DANGEROUS WEAPONS, OR CONTROLLED SUBSTANCES AS DEFINED IN SECTION 44-53-110.
S. 775 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 810, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 582 -- Senators Shealy, Thomas and Patterson: A BILL TO AMEND SECTION 40-75-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR LICENSURE UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO CLARIFY THE REQUIRED AMOUNT OF CLINICAL CONTACT AND SUPERVISED EXPERIENCE FOR A MARITAL AND FAMILY THERAPIST AS TWELVE HUNDRED HOURS.
S. 759 -- Senator Lee: A BILL TO AMEND ACT 1120 OF 1960, AS AMENDED, RELATING TO THE LIBERTY-CHESNEE- FINGERVILLE WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO PROVIDE FOR THE ELECTION INSTEAD OF THE APPOINTMENT OF THE MEMBERS OF THE COMMISSION TO BEGIN IN 1989, PROVIDE FOR THE TERMS OF OFFICE, STAGGERING OF TERMS, METHOD BY WHICH CANDIDATES' NAMES MAY BE PLACED ON THE BALLOT, AND FOR FILLING OF VACANCIES.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 2910 -- Ethics Committee: A BILL TO AMEND SECTION 8-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM APPEARING BEFORE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION AND THE SOUTH CAROLINA INSURANCE COMMISSION IN RATE OR PRICE FIXING MATTERS AND TO DELETE THE PROHIBITION AGAINST PUBLIC OFFICERS AND EMPLOYEES SO APPEARING AND ALSO DELETE THE SOUTH CAROLINA DAIRY COMMISSION.
Rep. WILKINS explained the Bill.
S. 556 -- Judiciary Committee: A BILL TO AMEND SECTIONS 15-3-340 AND 15-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS FOR RECOVERY OF REAL PROPERTY, SO AS TO LIMIT THE NUMBER OF ACTIONS THAT MAY BE BROUGHT.
Rep. WILKINS explained the Bill.
H. 2591 -- Rep. Davenport: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE FOR COPIES OF REGULATIONS AND AMENDMENTS TO BE GIVEN TO MEMBERS OF THE STANDING COMMITTEES TO WHICH THEY ARE ASSIGNED AND TO REQUIRE A TWENTY-DAY PERIOD AFTER AMENDMENT AND RECEIPT OF THE AMENDMENT FOR CONSIDERATION BEFORE THE REGULATION TAKES EFFECT.
Rep. WILKINS explained the Bill.
H. 2871 -- Rep. L. Martin: A BILL TO AMEND SECTION 16-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DISORDERLY CONDUCT, SO AS TO FURTHER DEFINE THE TERM "PUBLIC PLACE" FOR PURPOSES OF THIS SECTION.
S. 179 -- Senators Shealy and Drummond: A BILL TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND SUMMONING JURORS BY UTILIZING A COMPUTER, SO AS TO INCLUDE JURORS FOR THE GRAND JURY.
S. 260 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-82 SO AS TO PROVIDE FOR THE GOVERNING BODY OF ANY PUBLIC SERVICE DISTRICT TO TRANSFER ITS ASSETS AND PROPERTIES AND RESPONSIBILITIES FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER AND FOR THE DISSOLUTION OF THE DISTRICT UPON THE COMPLETION OF THE TRANSFER.
H. 3153 -- Rep. Hearn: A BILL TO AMEND SECTION 6-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION AND MODIFICATION OF CERTAIN STANDARD CODES BY REFERENCE BY MUNICIPALITIES AND COUNTIES, SO AS TO SUBSTITUTE THE COUNCIL OF AMERICAN BUILDING OFFICIALS ONE AND TWO FAMILY DWELLING CODE FOR THE STANDARD CODE, CHANGE THE COMPOSITION OF THE BUILDING CODE COUNCIL BY DELETING REFERENCES TO REPRESENTATIVES FROM VARIOUS ORGANIZATIONS AND PROVIDING THAT EACH MEMBER MUST BE A MEMBER OF THE INDUSTRY OR PROFESSION HE REPRESENTS, REDUCE THE TERM OF A MEMBER OF THE COUNCIL FROM SIX TO FOUR YEARS, DELETE THE REQUIREMENT THAT AT LEAST ONE MEMBER OF THE COUNCIL MUST BE A MEMBER OF EACH CONGRESSIONAL DISTRICT, DELETE THE PRIMARY FUNCTION OF THE COUNCIL TO DECIDE TO WHAT EXTENT ANY JURISDICTION MAY VARY FROM THE CODES LISTED IN THIS SECTION, DELETE OBSOLETE LANGUAGE, AUTHORIZE THE COUNCIL TO ELECT A VICE-CHAIRMAN, AND DELETE THE AUTHORITY OF THE COUNCIL TO ADOPT REGULATIONS.
Rep. HEARN explained the Bill.
H. 2122 -- Rep. McTeer: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT AFTER AN INITIAL APPLICATION FOR CLASSIFICATION OF PROPERTY AS "AGRICULTURAL REAL PROPERTY" IS FILED, NO FURTHER APPLICATION IS NECESSARY TO MAINTAIN THAT CLASSIFICATION UNTIL THE USE CLASSIFICATION OF THE PROPERTY CHANGES.
Rep. McTEER explained the Bill.
H. 2157 -- Reps. Mattos, Davenport, Winstead, Dangerfield, T.M. Burriss, Carnell, Shelton, Foxworth, Elliott, Wells, Mappus, Rice, P. Bradley, McElveen, Hearn, E.B. McLeod and M.O. Alexander: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXES, SO AS TO EXTEND THE EXEMPTION ALLOWED ON A MOTOR VEHICLE OWNED BY A DISABLED VETERAN TO A LEASED MOTOR VEHICLE.
Rep. KIRSH explained the Bill.
H. 3333 -- Reps. McLellan, Sheheen, Dangerfield, Wilkins, J. Rogers, Toal, T.C. Alexander, Edwards, J.C. Johnson, Baxley, McTeer, Kohn, Short, Wilder, G. Bailey, Felder, McElveen, Holt, Tucker, Rhoad, Hodges, T.M. Burriss, McGinnis, McAbee, Helmly, Petty, McKay, Carnell, Bennett, McCain, Foster, Boan, L. Martin, McBride, Snow, Harvin, Winstead, T. Rogers, Cork and Corning: A BILL TO AMEND CHAPTER 19, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES OF CORPORATIONS, BY ADDING SECTION 12-19-95 SO AS TO PROVIDE A METHOD BY WHICH THE AMOUNT OF THE LICENSE FEE MUST BE MEASURED AND PROVIDE FOR THE DEFINITIONS OF "BANK", "BANK HOLDING COMPANY", "SUBSIDIARY", "ASSOCIATION", AND "SAVINGS AND LOAN HOLDING COMPANY".
H. 3351 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 14-27-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENT TO MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO PROVIDE FOR PER DIEM, SUBSISTENCE, AND MILEAGE FOR MEETINGS ATTENDED BY THE MEMBERS AS PROVIDED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES.
H. 3359 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-35 SO AS TO ADOPT FOR STATE INCOME TAX PURPOSES THE PROVISIONS OF THE INTERNAL REVENUE CODE INNOCENT SPOUSE RULE.
Rep. KIRSH explained the Bill.
On motion of Rep. McTEER, with unanimous consent, it was ordered that H. 2122 be read the third time tomorrow.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3351 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3359 be read the third time tomorrow.
Rep. J. ROGERS moved to adjourn debate upon the following Bill until Tuesday, January 19, which was adopted.
S. 415 -- Judiciary Committee: A BILL TO AMEND CHAPTERS 1 THROUGH 20 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS CORPORATIONS, SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988" INCLUDING PROVISIONS RELATING TO INCORPORATION OF BUSINESS ORGANIZATIONS, PURPOSES, AND POWERS OF CORPORATIONS, NAMES, OFFICES, AND AGENTS, SHARES AND DISTRIBUTIONS, SHAREHOLDERS, DIRECTORS, AND OFFICERS, AMENDMENTS OF ARTICLES OF INCORPORATION AND BYLAWS, MERGER AND SHARE EXCHANGE, SALE OF ASSETS, DISSENTERS' RIGHTS, DISSOLUTION, FOREIGN CORPORATIONS, RECORDS, AND REPORTS, CLOSE CORPORATIONS, PROFESSIONAL CORPORATIONS, AND TRANSITION PROVISIONS; TO AMEND SECTIONS 33-42-30 AND 12-19-20, BOTH AS AMENDED, AND 12-19-70, 12-19-120, 15-9-210, 15-9-240, 15-9-245, AND 15-9-430, RELATING TO THE NAME OF A LIMITED PARTNERSHIP, FILING OF ANNUAL REPORTS, CORPORATE LICENSE FEES OR TAXES, AND SERVICE OF PROCESS, SO AS TO CONFORM THEM TO THE NEW PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988 AND TO MAKE CERTAIN OTHER CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 15-7-35 SO AS TO PROVIDE FOR VENUE IN SUITS BROUGHT AGAINST DOMESTIC AND FOREIGN CORPORATIONS; AND TO REPEAL SECTIONS 12-19-130, 15-9-260, 15-63-20 THROUGH 15-63-50, 33-51-10 THROUGH 33-51-170 AND CHAPTERS 21, 23, AND 25 OF TITLE 33 RELATING TO THE TIME FOR FILING OF ANNUAL REPORTS AND PAYMENT OF FEES OR TAXES, SERVICE OF PROCESS, CHARTER ANNULMENT, PROFESSIONAL ASSOCIATIONS, DISSOLUTION, FOREIGN BUSINESS CORPORATIONS, ANNUAL REPORTS, POWERS OF THE SECRETARY OF STATE, AND MISCELLANEOUS MATTERS.
The following Bill was taken up.
H. 2909 -- Ethics Committee: A BILL TO AMEND SECTION 8-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO PROVIDE FOR THE STATE ETHICS COMMISSION TO MAKE AN INVESTIGATION OF STATEMENTS FILED WITH IT WITH RESPECT TO VIOLATION OF THE ETHICS CODE BY A CANDIDATE FOR PUBLIC OFFICE OR ANY PERSON, TO PROHIBIT THE ETHICS COMMISSION FROM DISCLOSING THE DISPOSITION OF A COMPLAINT CONCERNING A CANDIDATE FOR ELECTIVE OFFICE THIRTY DAYS PRIOR TO AN ELECTION, TO PROVIDE THAT THE FILING AND ALL MATTERS PERTAINING TO A COMPLAINT ARE CONFIDENTIAL UNLESS WAIVED IN WRITING, AND TO PROVIDE A PENALTY.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 0226J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 8-13-120 (e) of the 1976 Code is amended to read:
"(e) To make investigations with respect to statements filed with the commission under the provisions of this chapter, and with respect to alleged failures to file any such statement and, upon complaint by any individual, with respect to alleged violations of any part of this chapter by any public official or public employee or candidate for public office, except members of the General Assembly. All such complaints by any individual with respect to alleged violations shall must be investigated by the State Ethics Commission and a determination made thereon. Provided, however, that no complaint shall be accepted by the commission concerning a candidate for elective office in the fifty-day period prior to any election in which he is a candidate and any complaint filed against such candidate which was election more than fifty days prior to such election shall be disposed of by the commission or by dismissal of such complaint not less than forty days prior to the election. The provisions of the above proviso shall not apply to complaints received concerning candidates who quality within fifty days of an election.
If an alleged violation is found to be groundless by the commission, the entire matter shall must be stricken from public record. If, in the opinion of the commission, the complaining party was a motivated by malice or reason contrary to the spirit of this chapter, in filing the complaint without just cause, the finding shall must be reported to appropriate law enforcement authorities. The wilful filing of a complaint without just cause or with malice shall be is punishable as a misdemeanor. Any person filing a complaint under such these circumstances shall be deemed is guilty of a misdemeanor and upon conviction shall must be fined not more than two thousand dollars or be imprisoned for not more than two years or both.
No complaint shall may be accepted which is filed later than three years after the alleged violation occurred. There may be no public disclosure by the commission of the disposition of a complaint concerning a candidate for elective office in the thirty-day period prior to any election in which he is a candidate. Any complaint filed against a candidate which was received more than thirty days prior to the election must be disposed of by the commission or by dismissal at least thirty days prior to the election or public disposition may not be made until after the conclusion of the election.
The filing of a complaint and all matters relating to the complaint are confidential and may not be disclosed unless the respondent in writing requests that it be made public prior to final disposition by the commission. Violation of this provision is punishable upon conviction by a fine of not more than five hundred dollars or thirty days' imprisonment or both."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, January 19, which was adopted.
S. 131 -- Senators Pope, Lourie, Giese and Leventis: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING CHAPTER 27 SO AS TO PROVIDE FOR THE EMPLOYMENT PROTECTION FOR AN EMPLOYEE OF A PUBLIC BODY WHO REPORTS A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION INVOLVING A PUBLIC BODY OR ITS EMPLOYEES OR OFFICIALS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, January 19, which was adopted.
S. 279 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO DELETE A REFERENCE TO AN EMPLOYEE DISCHARGED BY AN ELECTED OFFICIAL, AND TO ADD A SPECIFIC REFERENCE THAT AN EMPLOYEE DISCHARGED BY THE ADMINISTRATOR OR DESIGNATED DEPARTMENT HEAD SHALL FOLLOW THE GRIEVANCE PROCEDURES AS ESTABLISHED BY COUNTY COUNCIL, BUT IF NO GRIEVANCE PROCEDURES ARE IN PLACE, TO ALLOW THE DISCHARGED EMPLOYEE TO REQUEST A HEARING BEFORE COUNTY COUNCIL.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, January 19, which was adopted.
S. 732 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENDING THE TIME WITHIN WHICH CERTAIN PERSONS UNDER DISABILITY MAY BRING A CIVIL ACTION, SO AS TO PROVIDE THAT AN ACTION ACCRUING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT IS NOT SO EXTENDED; SECTION 15-78-20, AS AMENDED, RELATING TO LEGISLATIVE FINDINGS REGARDING THE TORT CLAIMS ACT, SO AS TO FURTHER DELINEATE WHEN THE DOCTRINE OF SOVEREIGN IMMUNITY IS REINSTATED FOR GOVERNMENTAL ENTITIES AND TO PROVIDE FOR ADDITIONAL LEGISLATIVE FINDINGS IN REGARD TO BRINGING GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS UNDER THE PROVISIONS OF THE ACT; SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY"; SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO RECREATIONAL AREAS, ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD, AND GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 15-78-70, RELATING TO THE LIABILITY FOR AN ACT OF A GOVERNMENT EMPLOYEE, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTIONS 15-78-100 AND 15-78-110, RELATING TO WHEN AN ACTION UNDER THE TORT CLAIMS ACT MUST BE INSTITUTED, SO AS TO FURTHER PROVIDE FOR THIS TIME; SECTION 15-78-120, RELATING TO LIMITATIONS ON THE AMOUNT OF RECOVERY, SO AS TO FURTHER PROVIDE FOR THESE LIMITATIONS AND TO INCREASE THESE LIMITATIONS IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 59-67-710, AS AMENDED, RELATING TO CONTRACTS OF INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE BENEFITS AND LIMITS OF LIABILITY THEREON, SO AS TO FURTHER PROVIDE FOR THESE LIMITS AND LIABILITY; AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING OF CERTAIN CLAIMS UNDER THE TORT CLAIMS ACT MUST BE COMPUTED.
Rep. O. PHILLIPS moved to adjourn debate upon the following Bill until Wednesday, January 20, which was adopted.
S. 93 -- Senator Lourie: A BILL TO AMEND SECTION 58-17-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF RAILROAD CROSSINGS BY COUNTY SUPERVISORS, SO AS TO ASSIGN THE RESPONSIBILITY TO EXAMINE CROSSINGS TO THE STATE HIGHWAY ENGINEER, TO REQUIRE HIM TO HAVE THE HIGHWAYS AND PUBLIC TRANSPORTATION DEPARTMENT TO TAKE CORRECTIVE ACTIONS OR TO DIRECT RAILROAD COMPANIES, COUNTIES, AND MUNICIPALITIES TO TAKE APPROPRIATE CORRECTIVE SAFETY MEASURES, TO PROVIDE FOR THE PAYMENT OF SAFETY-RELATED EXPENSES, AND TO PROVIDE CIVIL PENALTIES FOR NONCOMPLIANCE.
Rep. P. BRADLEY moved to adjourn debate upon the following Bill until Tuesday, January 19, which was adopted.
H. 3227 -- Reps. P. Bradley, Toal, Haskins, Davenport, Baxley, G. Bailey, Limehouse, Jones, Barfield, Wilkins, Klapman, Day, Pettigrew, J.W. McLeod, R. Brown, Gentry, Hawkins, Lockemy, Fair, Taylor, Ferguson, Thrailkill, Nesbitt, Petty, Baker, Rice, McCain, Mattos, J. Harris, Wells, Felder, Koon, Townsend, Kay, Helmly, Sharpe, Sheheen, H. Brown, G. Brown, Mappus, E.B. McLeod, Elliott, McGinnis, Huff, T.M. Burriss, Hearn, Moss, O. Phillips, Chamblee, D. Martin, Dangerfield, Neilson, Lewis, Evatt and Cork: A BILL TO AMEND CHAPTER 15 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST MORALITY AND DECENCY BY ADDING SECTION 16-15-450, SO AS TO MAKE IT A FELONY FOR ANY PERSON TO FERTILIZE FEMALE ANIMALS WITH HUMAN SPERM, TO ATTEMPT THIS FERTILIZATION, OR TO ENGAGE IN RESEARCH OR CONDUCT EXPERIMENTS REGARDING THIS FERTILIZATION, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO ADD VIOLATIONS OF SECTION 16-15-450 TO THE LIST OF CRIMES CLASSIFIED AS FELONIES BY SECTION 16-1-10.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, January 19, which was adopted.
H. 2013 -- Rep. Taylor: A BILL TO AMEND SECTIONS N 7-13-35, 7-13-40, 7-13-50, 7-13-60, AS AMENDED, 7-13-70, 7-13-610, 7-13-830, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS; TO AMEND ARTICLE 5 OF CHAPTER 13 OF TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EACH "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
Rep. BLACKWELL moved to adjourn debate upon the following Bill until Wednesday, January 20, which was adopted.
H. 2407 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.
Rep. WHIPPER moved to adjourn debate upon the following Bill until Tuesday, January 19, which was adopted.
S. 625 -- Senators Hayes, Nell W. Smith and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1895 SO AS TO PROVIDE FOR A STATEWIDE ADOPTION EXCHANGE WHICH IS TO BE ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES TO RECRUIT ADOPTIVE FAMILIES.
The following Bill was taken up.
H. 3283 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-29-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS OR DISTRIBUTIONS BY DOMESTIC INSURERS BEING REQUIRED, SO AS TO REVISE WHAT CONSTITUTES AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION FOR PURPOSES OF THIS SECTION.
Reps. J. BRADLEY, BOAN and McLEOD proposed the following Amendment No. 1 (Doc. No. 0124I), which was adopted.
Amend the bill, as and if amended, by striking Section 1 in its entirety and inserting:
/Section 1. Section 38-21-270 of the 1976 Code is amended to read:
`"Section 38-21-270. No domestic insurer shall pay any extraordinary dividend or make any other extraordinary distribution to its shareholders until (i) the Commissioner has approved the payment or (ii) the Commissioner has not disapproved the payment within thirty days after receiving notice of the declaration.
For purposes of this section, an extraordinary dividend or distribution includes any dividend or distribution of cash or other property, whose fair market value together with that of other dividends or distributions made within the preceding twelve months exceeds the greater of (a) ten percent of the insurer's surplus as regards policyholders as of the previous December thirty-first, or (b) the net gain from operations of the insurer, if the insurer is a life insurer, or the net investment income, if the insurer is not a life insurer not including realized capital gains, for the year ending the previous December thirty-first but does not include pro rata distributions of any class of the insurer's own securities. In determining whether a dividend or distribution is extraordinary, an insurer may carry forward income from the previous two calendar years that has not already been paid as dividends.
An insurer may declare an extraordinary dividend or distribution which is conditional upon the Commissioner's approval. The declaration confers no rights upon shareholders until (1) the Commissioner has approved the payment of the dividend or distribution or (2) the Commissioner has not disapproved the payment within thirty days after receiving notice of the declaration."/
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 3283 be read the third time tomorrow.
The following Bill was taken up.
H. 2879 -- Reps. Blanding, E.B. McLeod and McElveen: A BILL TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE TAX ASSESSOR, SO AS TO REQUIRE THE ASSESSOR TO REPORT REASSESSED VALUES TO THE AUDITOR ON OR BEFORE JUNE THIRTIETH OF EACH YEAR.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0432J), which was adopted.
Amend the bill, as and if amended, by striking Section 12-37-90(c) as contained in SECTION 1 and inserting:
/(c) When values change, reappraise and reassess any or all real property so as to reflect its proper valuation in light of changed conditions, except for exempt property and real property required by law to be appraised and assessed by the commission, and furnish a list of these assessments to the county auditor on or before July thirty-first of each year;/
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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. BLACKWELL moved that the House recur to the morning hour, which was agreed to.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3360 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETAIL LICENSE FEE, SO AS TO PROVIDE A TEMPORARY RETAIL LICENSE FOR TRANSIENT RETAILERS SELLING IN THIS STATE FOR NOT MORE THAN THIRTY DAYS AT A FEE OF FIFTY DOLLARS.
Rep. KIRSH explained the Bill.
H. 3361 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX MONTHLY RETURNS AND PAYMENTS, SO AS TO PERMIT RETAILERS TO FILE EVERY TWENTY-EIGHT DAYS.
Rep. KIRSH explained the Bill.
H. 3362 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO REPEAL SECTION 12-21-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON PLAYING CARDS.
Rep. CARNELL explained the Bill.
H. 3364 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-37-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM TAX RETURNS REQUIRED TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, SO AS TO PROVIDE FOR THE RETURN AND PAYMENT OF TAXES WHEN SELLERS AND PURCHASERS HAVE DIFFERENT ACCOUNTING PERIODS.
H. 3366 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-7-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR FILING STATE INCOME TAX RETURNS, SO AS TO DELETE REQUIREMENTS RELATING TO TENTATIVE RETURNS AND PARTIAL PAYMENTS.
Rep. KIRSH explained the Bill.
H. 3367 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-37-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO LIST PERSONAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO INCLUDE REAL PROPERTY WITHIN THE PENALTY PROVISION.
Rep. KIRSH explained the Bill.
H. 3368 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-54-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND OFFENSES UNDER THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION, SO AS TO INCLUDE PROPERTY ASSESSMENTS WITHIN THE EVASION OFFENSE.
Rep. KIRSH explained the Bill.
H. 3370 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-7-2250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT THE REFUND OF AN INCOME TAX OVERPAYMENT OF A DECEASED TAXPAYER IS THE SOLE AND SEPARATE PROPERTY OF THE TAXPAYER'S SURVIVING SPOUSE IF THE OVERPAYMENT IS THREE HUNDRED FIFTY DOLLARS OR LESS, SO AS TO DELETE THE REQUIREMENT OF THE SECTION THAT THE REFUND BE THREE HUNDRED FIFTY DOLLARS OR LESS.
Rep. KIRSH explained the Bill.
H. 3371 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SHARING OF SALES AND USE TAX RETURNS AND RECORDS WITH OTHER STATES OF THE UNITED STATES, SO AS TO PERMIT RECIPROCAL AGREEMENTS WITH OTHER STATES TO OBTAIN RECORDS OF SALES OR PURCHASE OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1545 SO AS TO REQUIRE REPORTING TO THE TAX COMMISSION OF SALES OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE NOT SUBJECT TO SALES OR USE TAX IN THIS STATE.
Rep. KIRSH explained the Bill.
S. 419 -- Senator Horace C. Smith: A BILL TO AMEND SECTION 9-1-1680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM TAXATION AND LEGAL PROCESS OR ASSIGNMENT OF ANY ANNUITY, RETIREMENT ALLOWANCE, RETURN OF CONTRIBUTION, ANY OPTIONAL BENEFIT, OR OTHER RIGHT ACCRUED TO ANY PERSON UNDER THE STATE RETIREMENT SYSTEM FROM GARNISHMENT, ATTACHMENT, OR ANY OTHER PROCESS, SO AS TO INCLUDE THE SAME RETIREMENT BENEFITS OF ANY PRIVATE RETIREMENT SYSTEM OPERATED BY A MUNICIPALITY WITHIN THE PROVISIONS OF THIS SECTION.
Rep. McABEE explained the Bill.
H. 3510 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF FUNERAL SERVICE, RELATING TO ACADEMIC QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 842, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3514 -- Rep. Sheheen: A BILL TO AMEND CHAPTER 3, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION, EMPLOYEES, AND COMPENSATION OF THE GENERAL ASSEMBLY, BY ADDING SECTION 2-3-25 SO AS TO PROVIDE PAYMENT OF LEGISLATIVE COMPENSATION IN TWO INSTALLMENTS.
Rep. T. ROGERS explained the Bill.
H. 3523 -- Reps. Wilder and McTeer: A BILL TO ALTER THE COUNTY LINES OF HAMPTON AND ALLENDALE COUNTIES BY ANNEXING A CERTAIN PORTION OF HAMPTON COUNTY TO ALLENDALE COUNTY, TO MAKE PROVISIONS FOR LEGAL RECORDS, AND TO PROVIDE THAT ALLENDALE COUNTY SHALL ASSUME NINETEEN THOUSAND SEVEN HUNDRED FORTY-FIVE DOLLARS AND TEN CENTS OF THE INDEBTEDNESS OF HAMPTON COUNTY TRANSFERRED PURSUANT TO THIS ACT.
Rep. McTEER explained the Bill.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3361 be read the third time tomorrow.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 3362 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3366 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3367 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3368 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3370 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3371 be read the third time tomorrow.
On motion of Rep. P. HARRIS, with unanimous consent, it was ordered that S. 419 be read the third time tomorrow.
On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 3510 be read the third time tomorrow.
On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that H. 3514 be read the third time tomorrow.
On motion of Rep. McTEER, with unanimous consent, it was ordered that H. 3523 be read the third time tomorrow.
The following Bill was taken up.
H. 3363 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION FOR GASOLINE AND OTHER MOTOR FUELS TO ETHANOL BLENDS QUALIFYING FOR REDUCED MOTOR FUELS TAX DURING THE INCENTIVE PERIOD.
Rep. L. MARTIN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 59 -- Senator Pope: A BILL TO AMEND SECTIONS 17-3-30 AND 17-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS, SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION, IF ONE EXISTS, OF THE COUNTY WHEREIN HE IS BEING REPRESENTED, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.
Rep. J. BRADLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3511 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO EXPLOSIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 845, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BLACKWELL made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3512 -- Education and Public Works Committee: A BILL TO AMEND SECTIONS 56-1-40, 56-1-50, 56-1-180, 56-1-440, 56-1-720, 56-1-1030, 56-1-1090, 56-1-1100, 56-5-750, 56-5-1520, AS AMENDED, 56-5-2940, 56-5-4100, 56-5-4450, 56-5-5015, 56-5-6410, 56-5-6420, 56-5-6430, 56-9-340, 56-10-240, 56-10-250, 56-10-260, 56-10-270, AND 59-67-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF THE OPERATION OF MOTOR VEHICLES, SO AS TO INCREASE THE AGE OF PERSONS WHO MAY OBTAIN RESTRICTED DRIVERS' LICENSES FROM BETWEEN FIFTEEN AND SIXTEEN YEARS OLD TO BETWEEN SIXTEEN AND SEVENTEEN YEARS OLD AND TO ALLOW THEM TO OPERATE WITHOUT ACCOMPANIMENT OF ADULT LICENSEES WHEN GOING TO OR FROM THEIR PLACES OF BUSINESS, TO ALLOW RENEWAL OF BEGINNERS' LICENSES TO PERSONS WHO HAVE SPECIAL RESTRICTED LICENSES AND REGULAR LICENSES FOR PERSONS BELOW THE AGE OF QUALIFICATION OF THE LICENSES, TO PROVIDE A PROCEDURE FOR THE REVOCATION OR SUSPENSION OF THE DRIVERS' LICENSES OF HABITUAL OFFENDERS, TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DETERMINE WHEN A PERSON IS AN HABITUAL OFFENDER AND TO REQUIRE THE DEPARTMENT TO NOTIFY THE SOLICITOR OR ATTORNEY GENERAL OF THAT FACT IF CRIMINAL CHARGES ARE INVOLVED, TO PROVIDE FOR THE ASSESSMENT OF FIVE POINTS AGAINST A PERSON CONVICTED OF DRIVING AT A RATE IN EXCESS OF SEVENTY MILES AN HOUR, TO INCREASE PENALTIES FOR EXCEEDING THE SPEED LIMITS FOR VIOLATION OF DRIVERS' LICENSING STATUTES AND FOR D.U.I. CONVICTIONS, TO PROVIDE THAT FIVE DOLLARS OF A FINE FOR SPEEDING MUST BE PAID TO THE DEPARTMENT TO BE USED TO EMPLOY ADDITIONAL PATROLMEN, TO PROHIBIT THE SUSPENSION OF A FINE FOR FIRST OFFENSE D.U.I. AND THE SUSPENSION OF A MONETARY FINE BELOW THAT OF THE NEXT PRECEDING MINIMUM MONETARY FINE, TO REGULATE THE MANNER IN WHICH TRUCKS AND OTHER VEHICLES MAY BE LOADED AND TO REQUIRE THEM TO ASSURE THAT THE LOAD DOES NOT ESCAPE FROM THE VEHICLE, TO REQUIRE THE USE OF ILLUMINATING DEVICES ON VEHICLES OPERATING WHEN INCLEMENT WEATHER OR ENVIRONMENTAL FACTORS SEVERELY REDUCE VISIBILITY AND TO PROVIDE PENALTIES, TO ADOPT SAFETY STANDARD NO. 205 (GLAZING MATERIALS) OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND TO APPLY ITS PROVISIONS TO INDIVIDUALS, TO PROVIDE THAT IN MITIGATING CIRCUMSTANCES A MOTOR VEHICLE OPERATOR MAY REFUSE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, BUT A PERSON UNLAWFULLY REFUSING TO STOP FOR A LAW ENFORCEMENT OFFICER SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS, TO PROVIDE THAT IN ASSUMING RESPONSIBILITY FOR TRANSPORTING SCHOOL CHILDREN SCHOOL DISTRICTS MUST GIVE PRIORITY TO CHILDREN BASED ON AGE, TO REQUIRE CHILDREN FOUR THROUGH SIX YEARS OF AGE TRAVELING IN THE FRONT SEAT OF A MOTOR VEHICLE TO BE SECURED -BY A SEAT BELT AND TO REQUIRE ANY CHILD ONE YEAR OLD AND UNDER SIX YEARS OLD TRAVELING IN THE BACK SEAT OF A VEHICLE TO BE SECURED IN A CHILD RESTRAINT SYSTEM OR WITH A SEAT BELT, TO EXEMPT DRIVERS FROM LIABILITY IF ALL RESTRAINT DEVICES ARE OCCUPIED BY CHILDREN UNDER THE AGE OF SIX YEARS AND IF A CHILD IS PHYSICALLY IMPAIRED, TO INCREASE PENALTIES FOR FAILING TO RETURN LICENSES AND REGISTRATION FOR LOSS OF PROOF OF FINANCIAL RESPONSIBILITY, GIVING FALSE INFORMATION ABOUT INSURANCE COVERAGE, OPERATING AN UNINSURED VEHICLE, OR TO TRANSFER A VEHICLE WHICH HAS SUSPENDED REGISTRATION AND LICENSE PLATES AND TO PROVIDE THAT IN SUCH CASES ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-5-2941 AND 56-5-6445 SO AS TO PROVIDE THAT THE ARRESTING OFFICER IN A D.U.I. CASE SHALL TAKE THE DRIVER'S LICENSE OF THE ACCUSED AND ISSUE A SUMMONS TO PROVIDE A PROCEDURE FOR THE OPERATION OF VEHICLES BY THE ACCUSED UNTIL DISPOSITION OF THE CASE AND A PROCEDURE FOR FORWARDING THE SUSPENDED LICENSE TO THE APPROPRIATE STATE AND OUT-OF-STATE AGENCIES, AND TO PROVIDE THAT THE CHILD RESTRAINT DEVICE USE STATUTES ONLY APPLY TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS; AND TO REPEAL SECTIONS 56-1-1040, 56-1-1050, 56-1-1060, 56-1-1070, AND 56-1-1080 RELATING TO HABITUAL OFFENDERS.
Rep. CORNING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. T.M. BURRISS withdrew his objection to S. 424.
Rep. DANGERFIELD withdrew his objection to H. 3043 however, other objections remained upon the Bill.
The following Joint Resolution was taken up.
H. 2862 -- Reps. Wilkins, H. Brown, Tucker, McEachin, Hendricks, G. Brown, Wilder, Nettles, Hayes, Beasley, Huff, J.W. Johnson, Snow, Koon, Moss, Keyserling, Hawkins, J.W. McLeod, Evatt, Felder, Derrick, Gentry, J. Rogers, McKay, Haskins, Ogburn, Cork, Rhoad, Clyborne, Harvin, D. Martin, McElveen and Waldrop: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE QUALIFICATIONS OF SHERIFFS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that the second paragraph of Section 24 of Article V of the Constitution of this State be amended to read:
"The General Assembly may also provide by law for the qualifications of sheriffs and the selection, duties, and compensation of other appropriate officials to enforce the criminal laws of the State, to prosecute persons under such these laws, and to carry on the administrative functions of the courts of the State."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 24 of Article V of the Constitution of this State be amended so as to provide that the General Assembly may provide by law for the qualifications of sheriffs?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. WILKINS proposed the following Amendment No. 1 (Doc. No. 5816Y), which was adopted.
Amend the Resolution, as and if amended, in the second paragraph of Section 24 of Article V of the Constitution of this State, as contained in SECTION 1, page 1, line 28, by inserting after /the/ /age and/ so that when amended the second paragraph shall read:
/The General Assembly may also provide by law for the age and qualifications of sheriffs and the selection, duties, and compensation of other appropriate officials to enforce the criminal laws of the State, to prosecute persons under such these laws, and to carry on the administrative functions of the courts of the State./
Amend further in the question as contained in SECTION 2, page 2, by inserting after /the/ /age and/ so than when amended the question shall read:
Must Section 24 of Article V of the Constitution of this State be amended so as to provide that the General Assembly may provide by law for the age and qualifications of sheriffs?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Joint Resolution, as amended.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Derrick Elliott Faber Fair Ferguson Foster Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McLeod, J.W. Moss Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Rhoad Rice Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
Arthur Bailey, G. Day Gregory Limehouse Phillips, O. Short
So, the Joint Resolution, having received the necessary two-thirds vote was passed and ordered to third reading.
The following Bill was taken up.
S. 424 -- Banking and Insurance Committee: A BILL 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 REPORTS SUBMITTED PURSUANT TO THIS ACT; AND 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 OF THIS ACT.
Rep. J. BRADLEY moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 499 -- Banking and Insurance Committee: A BILL TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS, AND TO EXEMPT THE POOL FROM TAXATION, ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, PROVIDE FOR THE CONTINUATION OF COVERAGE UNDER THE GROUP HEALTH PLAN, AND TO REPEAL SECTION 38-35-946 OF THE 1976 CODE RELATING TO MANDATORY CONVERSION OF GROUP HEALTH POLICY.
Rep. McLELLAN moved to recommit the Bill to the Committee on Ways and Means retaining its place on the Calendar, which was agreed to.
The following Bill was taken up.
S. 347 -- Senator Setzler: A BILL TO AMEND SECTION 56-5-4060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIBLE WEIGHT OF VEHICLES OPERATING ON THE HIGHWAYS, SO AS TO PERMIT AN AUTOMOBILE TRANSPORTER UNIT WITH A HEIGHT OF NO MORE THAN FOURTEEN FEET TO OPERATE AND TO IMPOSE STRICT LIABILITY FOR DAMAGES INCURRED BECAUSE OF THE ADDITIONAL HEIGHT ALLOWANCE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 4658Y), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-4060 of the 1976 Code is amended to read:
"Section 56-5-4060. No vehicle, unladen or with load, shall exceed a height of thirteen feet six inches, except that for an automobile transporter unit or a transporter of wooden trusses the height may not exceed fourteen feet. However, it shall be It is unlawful for any person to operate or attempt to operate under any underpass having a vertical clearance of less than thirteen feet six inches any vehicle with a height in excess of the vertical clearance of such the underpass posted in accordance with the manual on uniform traffic-control devices provided for in Section 56-5-920. Further, neither this State nor any agency or subdivision thereof nor any person shall be No person is required to raise, alter, construct, or reconstruct any existing underpass, wire, pole, trestle, or other structure to permit the passage of any vehicle, and neither this State nor any agency or subdivision thereof shall be the State nor any of its agencies or political subdivisions are liable for any personal injury or property damage resulting from the operation of a vehicle over any highway, road, or bridge or through any underpass having a vertical clearance of less than fourteen feet where the Department or other body having maintenance jurisdiction of such the underpass has posted notice of such the reduced vertical clearance in accordance with the manual on uniform traffic-control devices provided for in Section 56-5-920. An automobile transporter or a transporter of wooden trusses is responsible for any personal injury or property damage resulting from operating a unit at a height in excess of thirteen feet six inches.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BEASLEY moved to table the amendment, which was agreed to.
Rep. BEASLEY proposed the following Amendment No. 2 (Doc. No. 0917J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-4060 of the 1976 Code is amended to read:
"Section 56-5-4060. No vehicle, unladen or with load, shall exceed a height of thirteen feet six inches except an automobile transporter unit the height of which may not exceed fourteen feet. However, it shall be It is unlawful for any person to operate or attempt to operate under any underpass having a vertical clearance of less than thirteen feet six inches any vehicle with a height in excess of the vertical clearance of such the underpass posted in accordance with the manual on uniform traffic-control devices provided for in Section 56-5-920. Further, neither this State nor any agency or subdivision thereof nor any person shall be No person is required to raise, alter, construct, or reconstruct any existing underpass, wire, pole, trestle, or other structure to permit the passage of any vehicle, and neither this State nor any agency or subdivision thereof shall be the State nor any of its agencies or political subdivisions are liable for any personal injury or property damage resulting from the operation of a vehicle over any highway, road, or bridge or through any underpass having a vertical clearance of less than fourteen feet where the Department or other body having maintenance jurisdiction of such the underpass has posted notice of such the reduced vertical clearance in accordance with the manual on uniform traffic-control devices provided for in Section 56-5-920. An automobile transporter is responsible for any personal injury or property damage resulting from operating a unit at a height in excess of thirteen feet six inches."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BEASLEY explained the amendment.
The amendment was then adopted.
Rep. SIMPSON spoke against the Bill.
Rep. SIMPSON moved to table the Bill, which was not agreed to.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, H.D. Burriss, T.M. Clyborne Corning Davenport Day Elliott Faber Fair Gentry Gilbert Gordon Gregory Harris, P. Harvin Hayes Hearn Helmly Hodges Huff Humphries Jones Keyserling Klapman Koon Limehouse Mappus Martin, D. Martin, L. Mattos McCain McEachin McKay McLeod, E.B. McTeer Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Rice Rogers, T. Sharpe Sheheen Shelton Snow Sturkie Thrailkill Toal Townsend Tucker Waldrop Washington Whipper Wilder
Those who voted in the negative are:
Aydlette Bradley, J. Carnell Chamblee Cole Cooper Cork Ferguson Foxworth Haskins Hendricks Holt Johnson, J.C. Kay Kohn Lanford McAbee McBride McElveen McGinnis McLellan Rudnick Simpson Taylor Wells White
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2837 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD FISHING ON THE SANTEE RIVER, SO AS TO PROHIBIT THE NETTING OF SHAD ON THE NORTH AND SOUTH SANTEE RIVERS AND THEIR TRIBUTARIES.
Rep. FOXWORTH moved to recommit the Bill to the Committee on Agriculture and Natural Resources retaining its place on the Calendar, which was agreed to.
The motion period was dispensed with on motion of Rep. BLACKWELL.
Rep. L. MARTIN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3498 -- Reps. Rudnick, Corning, J.C. Johnson, Pearce Pettigrew, T. Rogers, Huff, Barfield, Klapman, Koon, Felder, T.C. Alexander, Kirsh, Foxworth, Gentry, Waldrop, McBride, Kay, Cooper, M.O. Alexander, Hayes, Sharpe, J. Brown, Jones, Thrailkill, Washington, Rice, Elliott, McAbee and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. HENRY T. BUSBEE OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 3499 -- Reps. Rudnick, Corning, J.C. Johnson, T.C. Alexander, Pearce, Koon, Felder, Pettigrew, T. Rogers, Huff, Waldrop, McBride, Klapman, Cooper, Kirsh, Hayes, M.O. Alexander, Foxworth, Sharpe, J. Brown, Gentry, Thrailkill, Barfield, Jones, Washington, Rice, Elliott, McAbee, Carnell and Kay: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF JUDGE MARION L. POWELL, CITY RECORDER OF AIKEN, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 3500 -- Reps. Rudnick, T. Rogers, Pettigrew, Huff, Barfield, Koon, Waldrop, Jones, McBride, Sharpe, Washington, J. Brown, Rice, Pearce, Cooper, T.C. Alexander, Felder, Kirsh, Gentry, Thrailkill, M.O. Alexander, Hayes, Kay, Lewis, Elliott, McAbee and Carnell: A CONCURRENT RESOLUTION COMMENDING MR. HAMMIE L. CHAPLIN, JR., OF AIKEN COUNTY FOR EXCELLENT SERVICE TO THE RURAL ELECTRIC COOPERATIVE PROGRAM AS EXECUTIVE VICE-PRESIDENT AND GENERAL MANAGER OF AIKEN ELECTRIC COOPERATIVE, INC., AND EXTENDING BEST WISHES TO HIM FOR A HAPPY AND REWARDING RETIREMENT.
H. 3501 -- Reps. Rudnick, Barfield, T. Rogers, Hearn, Huff, Pettigrew, T.C. Alexander, Waldrop, Blackwell, Sharpe, Washington, Klapman, McBride, J. Brown, Kay, Keyserling, J.C. Johnson, Felder, Boan, Stoddard, Corning, Cooper, Foster, Kirsh, Foxworth, M.O. Alexander, Hayes, Gentry, Lewis, Thrailkill, Rice, Elliott, McAbee and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY TO OUR DEAR FRIEND AND COLLEAGUE, REPRESENTATIVE WILLIAM H. (BILLY) JONES, FOR THE DEATH OF HIS MOTHER, MRS. RUBY JENNINGS JONES, AND EXTENDING SYMPATHY TO ALL THE MEMBERS OF MRS. JONES' FAMILY AND HER MANY FRIENDS.
H. 3502 -- Reps. Rudnick, Barfield, T. Rogers, Pettigrew, Hearn, Huff, Waldrop, Sharpe, Blackwell, McBride, Klapman, Blanding, J. Brown, Washington, Rice, Keyserling, Pearce, Koon, J.C. Johnson, Boan, T.C. Alexander, Felder, Gentry, Kay, Jones, Foster, Cooper, Thrailkill, Elliott, McAbee, Carnell, Corning, Kirsh, M.O. Alexander and Hayes: A CONCURRENT RESOLUTION COMMENDING WILLIAM D. LEEKE FOR HIS OUTSTANDING PUBLIC SERVICE AS COMMISSIONER OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AND WISHING HIM HAPPINESS IN HIS FUTURE ENDEAVORS.
H. 3503 -- Reps. Rudnick, Barfield, T. Rogers, Huff, Hearn, Waldrop, McBride, Sharpe, J. Brown, Washington, Rice, Felder, Koon, Pearce, Klapman, Cooper, Foxworth, Gentry, Kay, Jones, Pettigrew, Thrailkill, J.C. Johnson, T.C. Alexander, M.O. Alexander, Kirsh, Williams, Elliott, McAbee, Carnell, Hayes, Corning and Lewis: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. WILLIAM TOBIN CASSELS, SR., OF COLUMBIA AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 3504 -- Reps. Rudnick, T. Rogers, Koon, Huff, Gentry, Barfield, Waldrop, Blanding, Jones, Sharpe, Washington, Hearn, Kay, Blackwell, McBride, J. Brown, Rice, Pearce, Pettigrew, Keyserling, Foxworth, Klapman, D. Martin, J.C. Johnson, Boan, Stoddard, T.C. Alexander, Felder, Foster, Cooper, Kirsh, Hayes, Thrailkill, Elliott, McAbee, Carnell and M.O. Alexander: A CONCURRENT RESOLUTION EXPRESSING GRATITUDE TO FRANCIS AND KAY BORKOWSKI FOR THEIR OUTSTANDING CONTRIBUTIONS TO HIGHER EDUCATION AT THE UNIVERSITY OF SOUTH CAROLINA AND TO THE MUSICAL ARTS IN THIS STATE, AND WISHING THEM SUCCESS AND HAPPINESS IN THEIR FUTURE ENDEAVORS.
H. 3505 -- Rep. Waldrop: A CONCURRENT RESOLUTION EXPRESSING THE CONCERN OF THE MEMBERS OF THE GENERAL ASSEMBLY ON PENDING ACTION BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY THAT WOULD HAVE A DEVASTATING EFFECT ON THE OPERATIONS OF CHAMPION INTERNATIONAL CORPORATION, A VALUED SOUTH CAROLINA EMPLOYER.
H. 3506 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE MR. BURGESS SPROTT, PRESIDENT OF THE SOUTH CAROLINA PETROLEUM MARKETERS ASSOCIATION FOR 1987, UPON BEING NAMED BUSINESS PERSON OF THE YEAR IN CLARENDON COUNTY.
H. 3507 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE RECENT DEATH OF MR. E. FLEMING MASON OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 3508 -- Rep. Blackwell: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF DOCTOR BILLY BOWEN PARKS OF GREENVILLE COUNTY WHO DIED NOVEMBER 30, 1987.
H. 3509 -- Rep. Blackwell: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. JAMES A. HOWARD OF GREENVILLE COUNTY WHO DIED ON JANUARY 9, 1988.
H. 3529 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION TO SET WEDNESDAY, JANUARY 20, 1988, IMMEDIATELY FOLLOWING THE ELECTION TO FILL SEATS ON THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AS THE TIME FOR THE ELECTION OF THE SUCCESSOR TO FILL THE UNEXPIRED TERM OF THE HONORABLE JULIUS B. NESS, CHIEF JUSTICE OF THE SUPREME COURT, AND TO FIX 11:00 A.M. ON WEDNESDAY, JANUARY 27, 1988, AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY TO ELECT SUCCESSORS FOR CERTAIN MEMBERS OF THE SUPREME, CIRCUIT, AND FAMILY COURTS.
H. 3530 -- Reps. Baxley, Snow, Altman, Thrailkill, Pearce and Harvin: A CONCURRENT RESOLUTION TO COMMEND THE JOINT VETERANS COUNCIL OF SOUTH CAROLINA, INC., FOR ITS EFFORTS IN PROMOTING THE INTERESTS OF VETERANS IN THIS STATE, AND TO RECOGNIZE IT AS A REPRESENTATIVE BODY OF VETERANS AND VETERANS' ORGANIZATIONS IN SOUTH CAROLINA.
At 11:30 A.M. the House in accordance with the motion of Rep. L. MARTIN adjourned to meet at 10:00 A.M. tomorrow.
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