Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Lord, for our system of government and for the privilege of being a part of it. And as we hear our Governor this evening, cause us to listen with open minds, knowing the importance of hands joined in the Executive, Legislative, and Judicial branches of government. Moving forward into the demands of this Session, may our questions be:
Not "Is it eye-catching?", but "Is it effective?"
Not "Is it expedient?", but "Is it equitable?"
Not "Is it popular?", but "Is it prudent?"
Not "Is it impressive?", but "Is it important?"
Not "Does it look good?", but "Does it do good?"
Give us all the wisdom to know what is right in God's sight, and the determination to do it.
To You, Lord, we give the praise. Amen.
Pursuant to Rule 6.3, the House Or 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 House stood at ease subject to the call of the Chair.
At 12:03 P.M. the House resumed, the SPEAKER in the Chair.
At 12:04 P.M. the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution.
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.
The PRESIDENT announced that nominations were in order for the office of practicing C.P.A. of the Legislative Audit Council.
Senator Fielding nominated Mr. Jerry D. Gambrell of Charleston as follows.
"Mr. President, Mr. Speaker, members of the Joint Assembly, ladies and gentlemen, on or about the turn of the century, this century, at a conference in Atlanta, Georgia, Booker T. Washington admonished a number of people to 'pull up yourselves by your own bootstraps'. I rise today to nominate a young man who all of his life, has done just that.
Jerry Gambrell is a lifelong resident of Charleston. He is married and has two children. He is a graduate of Bonds-Wilson High School in North Charleston and also a graduate of Voorhees College in Denmark, South Carolina. Jerry has worked as a public accountant since 1973, and he became a Certified Public Accountant in 1977. He is and has been associated with the firm of Schleeter, Monsen & Debacker CPA's in Charleston, and he has been with that firm since 1973. Incidentally, that's one of the oldest and largest CPA firms in the state of South Carolina. In 1980, Jerry became a full partner in that firm, becoming one of the first black partners in such a firm in this state.
Jerry is a member of the following organizations: the American Institute of Certified Public Accountants; the South Carolina Association of CPA's; President, Charleston Business and Professional Association; the Board of Directors of the South Carolina National Bank; Eastern Light Masonic Lodge #259; the Board of Directors of Junior Achievement in Charleston; Charity Baptist Church in North Charleston; and, also, a member of the Board of Directors of the Carolina Youth Services.
Jerry has been a member of the Legislative Audit Council for the past five years, having been nominated a little more than five years ago by former Representative Tobias Gadson. He is now Chairman of the Legislative Audit Council and has been Chairman for the past two and one-half years.
Ladies and gentlemen, I take distinct pleasure in nominating Jerry Gambrell for re-election to the South Carolina Legislative Audit Council. Thank you. "
Senator Drummond and Senator Applegate seconded the nomination of Mr. Gambrell.
Rep. T. ROGERS nominated Ms. Sherri D. Mathews of Columbia as follows:
"Mr. President and ladies and gentlemen of the Joint Assembly, it is a privilege and honor at this time to place in nomination for the designated CPA seat on the Legislative Audit Council, the name of Sherri Darlene Mathews of Columbia.
Ms. Mathews is a graduate Or the University of Mississippi, where she received her bachelor's degree in Business Administration in 1980. She also has done graduate work at the University of South Carolina.
She is a Certified Public Accountant, and has held several responsible positions in education, private industry and in state government, as either an accountant or an auditor. Her professional positions have included the United Black Fund of the Midlands, South Carolina Electric & Gas Company, the South Carolina Department of Social Services, and she is presently employed as an auditor and accountant with the Richland School District 1 here in Richland County.
Her professional affiliations include the American Institute of Certified Public Accountants and the South Carolina Association of Certified Public Accountants. She has donated her time generously to a number of volunteer organizations both here in the Columbia area and throughout the state.
I would submit to you, ladies and gentlemen, in addition to her professional accomplishments and achievements, which render her, in our opinion, highly qualified for this position, that she has also stated to me and to other members of the Richland County Delegation and to all the members of the General Assembly, in writing, as recent as yesterday, her firm and unwavering commitment to a fully independent, totally non-partisan governance of the Legislative Audit Council, and, beyond that, to the proposition that the charge that the Legislative Audit Council has operated within. That is a fully vigorous ability to conduct thorough audits of state government agencies, not restricted to fiscal or financial matters exclusively, but total and full and broad-based auditing, including program audits, which this body has become accustomed to, and which I would submit are essential to our being able to do our job. And if there is any question in the minds of any of the members of the General Assembly in that point, I would ask you to refer to the correspondence which has been placed in your offices and on your desks this morning.
I believe that Ms. Mathews is eminently qualified to serve as a citizen member, a lay person member of the Legislative Audit Council, and it is my pleasure and honor on behalf of other members of the Richland Delegation and other members of this General Assembly to place in nomination the name of Sherri Darlene Mathews. Thank you, Mr. President."
Rep. HEARN and Senator Patterson seconded the nomination of Ms. Mathews.
On motion of Rep. SHEHEEN, the nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Jerry D. Gambrell:
Applegate Drummond Fielding Hinson Macaulay Martschink McConnell Shealy
The following named Senators voted for Ms. Sherri D. Mathews:
Branton Bryan Courson Doar Garrison Giese Hayes Land Leatherman Lee Leventis Lindsay Long Lourie Martin Matthews McGill Moore Patterson Peeler Pope Powell Russell Saleeby Setzler Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E. Stilwell Waddell Williams Wilson
On motion of Rep. FELDER, with unanimous consent, the Members of the House voted by electric roll call.
The following named Reps. voted for Mr. Jerry D. Gambrell:
Alexander, T.C. Baker Blackwell Brown, H. Clyborne Cooper Dangerfield Elliott Fair Foxworth Gentry Harris, J. Harris, P. Haskins Hayes Helmly Hodges Holt Johnson, J.C. Johnson, J.W. Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McKay McLellan Pearce Rhoad Rice Sheheen Stoddard Washington Whipper Wilkins
The following named Reps. voted for Ms. Sherri D. Mathews:
Alexander, M.O. Altman Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blanding Boan Bradley, J. Brown, G. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Cole Cork Corning Davenport Day Derrick Edwards Faber Felder Ferguson Foster Gilbert Gordon Harvin Hearn Hendricks Huff Humphries Jones Kay Keyserling Kirsh Klapman Koon McBride McElveen McGinnis McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, L. Phillips, O. Rogers, J. Rogers, T. Rudnick Sharpe Shelton Short Simpson Snow Thrailkill Toal Townsend Waldrop Wells White Wilder Williams
Total Number of Senators voting 41
Total Number of Representatives voting 112
Grand Total 153
Necessary to a choice 77
Of which Mr. Gambrell received 46
Of which Ms. Mathews received 107
Whereupon the PRESIDENT announced that Ms. Sherri D. Mathews, having received a majority of the votes cast, was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the undesignated seat on the Legislative Audit Council.
Senator Hayes nominated Mr. Robert L. Thompson, Jr. of Rock Hill.
On motion of Senator Hayes, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Mr. Robert L. Thompson, Jr. was duly elected for the term prescribed by law.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 1026 -- Senator Lindsay: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 20, 1988, AS THE TIME FOR THE ELECTION TO FILL THE SEATS ON THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, THE TERMS FOR WHICH EXPIRE IN 1988.
The PRESIDENT announced that nominations were in order for three members of the South Carolina Employment Security Commission.
Senator LINDSAY nominated Mr. J. William McLeod of Florence as follows:
"Mr. President, Mr. Speaker and members of the Joint Assembly, I was asked by my colleague to nominate him for the Employment Security Commission. I meant to go third, there are two others, because when I got through, I was going to move that the nominations be closed and these people be elected by acclamation, but you ain't heard my nominating speech yet.
Representative Billy McLeod has been on the Dillon County Delegation with James Lockemy and me for a good number of years. He has proven to be such a dedicated, hard-working legislator that I have decided that I am going to nominate him this morning to be the Senator from Dillon, Marlboro and Cheraw. It's taken a lot of persuasion to get him around to this course. He is withdrawing from the Employment Security Commission race, and I am really here today to place in nomination the name of John C. Lindsay for the Employment Security Commission and if there are no more nominations, I move that we three be elected by acclamation. Billy, you'll make a great Senator.
Very seriously, I am not going to let the occasion pass without talking about my good friend, Billy McLeod, that James and I have enjoyed having on our Dillon Delegation. I want to say this because he's got a lovely wife, a handsome son, but the prettiest little girl I ever laid eyes on. Darling, I want you and your brother to stand up and let these people see you. That's Billy McLeod's little girl, isn't she pretty? You can stand up and take all the credit.
You know, when Reverend Robertson, who aspires to the Presidency said that he was going to get the government to buy up all the tobacco land, Beach Billy had to find something else to do, and I'm sure he'll do an outstanding job along with the other two stalwarts on the Employment Security Commission, and I place his name in nomination, because I told him I'd do it. I've got a few other things I would say, but he says quit. Thank you, members of the Joint Assembly."
Rep. FELDER seconded the nomination of Mr. McLeod.
Rep. McLELLAN nominated Mr. Cecil T. Sandifer of Westminster as follows:
"Mr. President, ladies and gentlemen of the Joint Assembly, I had hoped to go before our distinguished Senator from Marlboro and Dillon. It is drawing the short straw when you have to go after him each time.
Four years ago I had the opportunity and the privilege and the honor to stand here before this group and place in nomination the name of a very close personal friend of mine, Cecil T. Sandifer from Westminster as Commissioner of the South Carolina Employment Security Commission. Today, it is again my distinct honor and privilege to rise to nominate this individual as a candidate to succeed himself as a Commissioner on the Employment Security Commission.
Cecil and I were deskmates for four years, and we are, no less, both from Oconee County. I think most of you know Cecil, he's been around a while, but I'd like to share with you a couple of things about Cecil that some of you who are new to the General Assembly since he was last elected, something about him. Cecil and his wife, Frances, both were reared at that great Baptist institution in Greenwood, Connie Maxwell. Cecil has acknowledged to me many times as we have sat together, both in this chamber and in the evening, that all of the good things that have happened to him in life, and there have been many, that he owes it all to the training he received at Connie Maxwell.
Cecil served Oconee County and the State of South Carolina in many different capacities -- he was the mayor of the Town of Westminster for over ten years, and during this service, he was responsible for bringing several large industries to the area. He also founded and was the first director of the South Carolina Apple Festival, an organization he still is active in. He was designated a Citizen of the Year on two occasions. He is active in his church, having served as Choir Director, Deacon, and Sunday School teacher. Cecil is an infantry veteran of World War II, earning three battle stars, the Bronze Star, and a Purple Heart.
He and Frances are parents of seven children and, I don't quite know how many, grandchildren. I attended the wedding of his son here during the Christmas holidays, and it took about five minutes to bring the grandchildren in to seat them in the services. So I don't know how many grandchildren, Cecil.
As many of you know, Cecil served with distinction in this South Carolina House of Representatives for ten years, prior to his election to the South Carolina Employment Security Commission in 1979. We in the General Assembly are Cecil's constituents. We are responsible for his election to this most important Commission, and I do not know a Commissioner or a Board member in the state of South Carolina who is more responsive to his constituents than Cecil Sandifer.
Ladies and gentlemen of the General Assembly, I proudly place in nomination the name of Cecil T. Sandifer to succeed himself on the Employment Security Commission."
Senator Macaulay, on behalf of the Oconee, Pickens, and Anderson Delegation and Rep. FELDER seconded the nomination of Mr. Sandifer.
Senator Martin nominated C. Lem Harper of Columbia as follows:
"I wasn't going to get up here, but I don't want you to get the impression that Lem doesn't have one friend in the General Assembly to nominate him. I listened to all the nice things about Cecil being a church fellow. I'm nominating a fellow who will be the senior member, and who has done a great Job, and a member whose name we never forget, C. Lem Harper, for re-election."
Rep. FELDER seconded the nomination of Mr. Harper.
On motion of Senator Martin nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon the PRESIDENT announced that Mr. C. Lem Harper, Mr. Cecil T. Sandifer and Mr. J. William McLeod were duly elected for the term prescribed by law.
The Reading Clerk of the House read the following Concurrent Resolution:
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.
The PRESIDENT announced that nominations were in order for the office of Chief Justice of the Supreme Court.
Rep. SHORT nominated the Honorable George T. Gregory, Jr. of Chester as follows:
"Mr. President, Mr. Speaker, ladies and gentlemen of the Joint Assembly and distinguished guests, this is a very proud and historical day for Chester County and the State of South Carolina. It is my honor and privilege to stand before you today to nominate an outstanding son of Chester County for election as the Forty-first Chief Justice of the South Carolina Supreme Court.
Sixteen years ago this past November I concluded my military service and got my first job in a two-man country law firm in Chester. I've been there ever since. Upon my arrival in the Friendly City, I was introduced to Judge George Gregory, Jr. and over the years I have come to know, admire and respect him. He always offered sound advice to this struggling young lawyer and he always took the time to offer words of encouragement when they were needed most.
Judge Gregory once said that he was the product of a small town, a small high school, the University of South Carolina and the Great Depression. He said, 'A great many people have been exceptionally kind to me over the years.' Well, Judge Gregory, you've been exceptionally kind to many people yourself over the years, and this is a tribute to you and your family.
George Tillman Gregory, Jr. was born on Dec. 13, 1921 at McConnellsville, South Carolina, and grew up in Chester. From the time he was in the eighth grade, George Gregory knew that he wanted to be a judge. While he was a student at Chester High School, George Gregory was affectionately nicknamed 'Judge' by his classmates. He attended the University of South Carolina and received his A.B. degree in 1943 and his law degree in 1944. He served as President of the Law Federation, and was President of Omicron Delta Kappa. He was also Chairman of the Board of Publications and a member of Wig and Robe. It's amazing that he accomplished all of these honors when one considers that his roommate his freshman year in law school was a fellow by the name of Johnny A. Martin, who is now our own beloved Senator John A. Martin.
After graduation from law school, he practiced law in Chester and served as a U.S. Commissioner during 1945-46. In 1946, at the tender age of 25, he was elected City Recorder of the Town of Chester and served until 1950. 1951 was a good year, for during that year he married Willie Elliott of Cassatt (who, incidentally, is the sister of Representative Dick Elliott) and he also began his first term in the South Carolina House of Representatives. He was elected again to the House in 1955, and on February 8, 1956, he was elected Resident Judge of the Sixth Judicial Circuit when he was 34 years of age.
Judge Gregory rode the Judicial Circuit of this State for more than 19 years, holding court in every county in South Carolina. He gained the respect and admiration of all of the lawyers, litigants, law enforcement officers, and court officials who appeared before or worked with him. Judge Gregory became widely regarded for preserving the dignity of his court while at the same time bringing into the courtroom the qualities of human understanding 90 necessary in the proper determination of Justice. He realized the the people and the issues should be center of attention during the trial of a case, and not the trial judge. Indeed, Judge Gregory was once quoted as saying, 'I want the trial to be foremost in the jury's mind, not me.'
In recognition of his ability, achievements and judicial temperament, the General Assembly elected him Associate Justice of the South Carolina Supreme Court on May 7, 1975, to fill the unexpired term of Justice Bussey. He was re-elected on February 25, 1976, and again on March 19, 1986. During his service on the Supreme Court, he has become known for well-reasoned and succinct written legal opinions. He is held in high regard by his brethren on the court who realize that we are entrusting the state's judicial system to a man who is eminently qualified.
What kind of man is George Gregory? He is a Christian man who has been a long-time member and servant of the First Baptist Church of Chester where he has served as a Deacon and Sunday School teacher.
He is a family man, a faithful husband and dutiful father. In spite of his public service of 32 years, he and his lovely wife, Willie, have raised two fine sons, George T. Gregory, III and William Elliott Gregory.
He is a kind person, soft-spoken and fair-minded. He is a good listener and he sincerely cares about his fellow man. Lawyers are taught from the beginning of their legal training to address the court as 'His Honor'. There are many fine Jurists in the State of South Carolina, but in my 16 years of practicing law I have never met anyone who deserves to be called His Honor more than His Honor George T. Gregory, Jr.
Mr. President, it is with a great deal of humility, honor and respect that I nominate the Honorable George Tillman Gregory, Jr. to succeed the Honorable Julius B. Ness as Chief Justice of the South Carolina Supreme Court."
Reps. ELLIOTT and FOSTER; Rep. FERGUSON, on behalf of the Spartanburg Delegation; Rep. HODGES, on behalf of the Lancaster Delegation; Senators Martin and Shealy; Rep. CARNELL; Senator Setzler; Senator Hayes, on behalf of the York Delegation; Rep. FELDER; Rep. J. BRADLEY, on behalf of the Charleston Delegation, seconded the nomination of Mr. Gregory.
On motion of Senator Martin, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable George T. Gregory, Jr. was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 1:00 P.M. the House resumed, the SPEAKER in the Chair.
Rep. PEARCE moved that the House recede until 2:30 P.M., which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The Senate returned to the House with concurrence the following:
H. 3551 -- Reps. Hearn, Moss and Day: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 16, 1988, AS "HANDICAPPED CHILDREN'S DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR HANDICAPPED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 16, 1988, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
H. 3552 -- Reps. Toal, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, Humphries, McBride, T. Rogers and Taylor: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF JOHN C.B. SMITH, COLUMBIA REALTOR AND CIVIC LEADER, UPON HIS DEATH.
H. 3553 -- Reps. Koon, Sturkie, Derrick, Sharpe, Gentry, Taylor, Klapman, J.H. Burriss, J. Brown, Lockemy, Winstead, Keyserling, Rice, E.B. McLeod, Aydlette, Petty, Washington, McElveen, Cole, Thrailkill, Corning, K. Bailey, Faber, Elliott, McTeer, Helmly, Simpson, Hendricks, O. Phillips, Wilder, Baxley, Davenport, Wells, Ferguson, Haskins, Gordon, McEachin, Hayes, Mattos, J.W. Johnson, Pettigrew, Altman, J. Harris, L. Phillips, Williams, Hodges, Fair, Shelton, Foster and Burch: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE WILLIAM TOBIN CASSELS, SR., OF COLUMBIA IN RICHLAND COUNTY.
H. 3554 -- Reps. Sharpe, Davenport and Jones: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA ARMY NATIONAL GUARD FOR LEADING THE NATION'S ARMY GUARD UNITS IN OVERALL PERFORMANCE IN FISCAL YEAR 1987.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3305 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-80 SO AS TO PROVIDE THAT INTEREST AT THE LEGAL RATE MUST BE PAID BY A LIFE INSURER ON A LUMP SUM DEATH BENEFIT IF THE INSURER FAILS TO PAY THE BENEFIT WITHIN THIRTY DAYS OF THE CLAIMANT SUBMITTING PROOF OF DEATH.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3306 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-29-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT THE ASSOCIATION HAS NO LIABILITY UNDER CHAPTER 29, TITLE 38, FOR COVERED POLICIES OF A DOMESTIC INSURER FOR RESIDENTS OF ANOTHER STATE EXCEPT UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 38-29-80, RELATING TO THE ASSOCIATION AND ASSESSMENTS, SO AS TO PROVIDE THAT IN THE EVENT AN ASSESSMENT AGAINST A MEMBER INSURER IS ABATED OR DEFERRED, IN WHOLE OR IN PART, BECAUSE OF CERTAIN LIMITATIONS, THE AMOUNT BY WHICH THE ASSESSMENT IS ABATED OR DEFERRED MAY, RATHER THAN MUST, BE ASSESSED AGAINST THE OTHER MEMBER INSURERS IN A MANNER CONSISTENT WITH THE BASIS FOR ASSESSMENTS SET FORTH IN SECTION 38-29-80.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3307 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-43-107, 38-45-35, 38-47-15, AND 38-49-25 SO AS TO REQUIRE AN INDIVIDUAL APPLYING FOR AN INSURANCE AGENT'S, BROKER'S, ADJUSTER'S, OR DAMAGE APPRAISER'S LICENSE FROM THE DEPARTMENT OF INSURANCE TO FURNISH THE DEPARTMENT HIS BUSINESS AND RESIDENCE ADDRESS AND TO REQUIRE NOTIFICATION TO THE DEPARTMENT WITHIN TEN DAYS OF ANY CHANGE IN ADDRESS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3308 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND CHAPTER 13, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-13-85 SO AS TO REQUIRE EACH INSURER AUTHORIZED TO WRITE INSURANCE IN THIS STATE TO FILE CERTAIN INFORMATION ANNUALLY WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, TO PROVIDE THAT THE ASSOCIATION AND ITS AUTHORIZED COMMITTEES, EMPLOYEES, OR PERSONS ARE IMMUNE FROM CIVIL LIABILITY WHEN DISSEMINATING THIS INFORMATION IN ABSENCE OF ACTUAL MALICE, AND TO PROVIDE THAT CERTAIN INFORMATION SUBMITTED TO THE STATE DEPARTMENT OF INSURANCE BY THE ASSOCIATION MUST BE CONFIDENTIAL.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3309 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FOREIGN OR ALIEN FIRE INSURER BEING REQUIRED TO WRITE ON THE FACE OF EACH FIRE INSURANCE POLICY ISSUED BY IT THE NAME OF THE COUNTY ENTITLED TO AN ALLOCATION OF THE PREMIUMS THEREON AND THE LOCATION OF THE PROPERTY SO INSURED, SO AS TO MAKE THIS PROVISION APPLICABLE TO ALL FIRE INSURERS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3310 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR GROUP LIFE INSURANCE POLICIES, AND SECTION 38-71-730, RELATING TO THE REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE THE REQUIREMENT THAT SEVENTY-FIVE PERCENT OF EMPLOYEES OR MEMBERS SHALL PARTICIPATE BEFORE THE POLICY MAY BE PLACED IN FORCE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3311 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-3-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADVISORY COMMITTEE TO THE INSURANCE COMMISSION, SO AS TO PROVIDE FOR THE ATTENDANCE OF THE COMMITTEE MEMBERS AT PUBLIC AND EXECUTIVE COMMISSION MEETINGS; AND SECTION 38-3-110, RELATING TO THE DUTIES OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO REVISE HIS DUTIES TO REPORT VIOLATIONS OF THE LAWS AND TO INSTITUTE CIVIL ACTIONS RELATIVE TO THE BUSINESS OF INSURANCE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3312 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT EVERY INSURER FILE AN ANNUAL STATEMENT WITH THE CHIEF INSURANCE COMMISSIONER SHOWING THE BUSINESS STANDING AND FINANCIAL CONDITION OF THE INSURER, SO AS TO REQUIRE THAT THE STATEMENT BE VERIFIED BY TWO OF ITS PRINCIPAL OFFICERS INSTEAD OF BEING SIGNED BY ITS PRESIDENT.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3313 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTIONS 38-15-10 AND 38-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURETY INSURERS AND THE SPECIAL AUTHORITY REQUIRED FOR WRITING CERTAIN BONDS, FORMS OF THE BONDS, AND THE WITHDRAWAL OF THE SPECIAL AUTHORITY, SO AS TO DELETE THE GOVERNOR FROM THE LIST OF STATE OFFICIALS AUTHORIZED TO ACT UNDER THESE PROVISIONS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3314 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO MAKE THE INSPECTION AND EXAMINATION OF DOMESTIC INSURANCE COMPANIES DISCRETIONARY INSTEAD OF MANDATORY.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3315 -- Reps. J. Bradley, Boan and J.W McLeod: A BILL TO AMEND SECTIONS 38-65-60, 38-65-70, 38-65-210, AND 38-65-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP LIFE INSURANCE, SO AS TO PROVIDE FOR CONTINUED COVERAGE DURING AN INSURED'S TOTAL DISABILITY AND DELIVERY OF CERTIFICATES OF INSURANCE TO COVERED DEBTORS, TO REQUIRE ADJUSTMENTS WHEN THE SEX OF AN INSURED IS MISSTATED, TO INCREASE THE LIMITATION ON THE AMOUNT WHICH THE INSURER MAY PAY TO PERSONS WHO INCUR EXPENSE BY REASON OF THE DEATH OF AN INSURED WITH NO NAMED BENEFICIARY FROM FIVE HUNDRED DOLLARS TO TWO THOUSAND DOLLARS AND THE LIMITATION ON THE AMOUNT OF INDIVIDUAL COVERAGE A MEMBER OF A GROUP WHOSE GROUP COVERAGE IS TERMINATED MAY RECEIVE FROM TWO THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE A RESTRICTION ON GROUPS WHICH MAY NOT BE INSURED BY OUT-OF-STATE INSURERS, TO FURTHER DEFINE THE DEPENDENT CHILDREN WHOSE LIVES MAY BE INSURED UNDER GROUP POLICIES AND INCREASE THE LIMIT OF COVERAGE FROM FIVE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, AND TO ELIMINATE A RESTRICTION ON THE AMOUNT OF LIFE INSURANCE COVERAGE A PERSON MAY RECEIVE UNDER A FRANCHISE OR WHOLESALE LIFE INSURANCE PLAN; TO AMEND THE 1976 CODE BY ADDING SECTION 38-65-110 SO AS TO PROVIDE FOR THE EXTENSION OF TIME FOR EXERCISING THE RIGHT OF OBTAINING LIFE INSURANCE WITHOUT EVIDENCE OF INSURABILITY WHEN NOTICE OF THE RIGHT HAS NOT BEEN GIVEN AS REQUIRED; AND TO REPEAL SECTION 38-65-80 RELATING TO INAPPLICABILITY OF CHAPTER 65 OF TITLE 38 TO AN ASSOCIATION OF MEMBERS INVOLVED IN ONE HAZARDOUS OCCUPATION.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3330 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 IN TITLE 38, RELATING TO INSURANCE, SO AS TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE INSURANCE LAW; TO AMEND SECTION 38-25-320, RELATING TO THE FINE FOR CONDUCTING UNAUTHORIZED INSURANCE BUSINESS IN THIS STATE, SO AS TO INCREASE THE MAXIMUM FINE FROM TEN TO FIFTY THOUSAND DOLLARS; TO AMEND SECTION 38-5-120, RELATING TO ACTS WHICH RESULT IN THE REVOCATION OR SUSPENSION OF AN INSURER'S CERTIFICATE OF AUTHORITY, SO AS TO INCLUDE FAILURE TO COMPLY WITH A LAWFUL ORDER OF THE COMMISSION; TO AMEND SECTION 38-43- 130, RELATING TO THE COMMISSIONER'S AUTHORITY TO REVOKE OR SUSPEND AGENTS' LICENSES, SO AS TO DELETE WILFULNESS AS AN ELEMENT OF A VIOLATION, TO INCREASE FROM ONE TO TWO YEARS THE MAXIMUM PERIOD OF A LICENSE SUSPENSION, AND TO REFERENCE THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; TO AMEND SECTIONS 38-5-130, 38-7-80, 38-13-90, 38-13-150, 38-17-170, 38-25-330, 38-27-420, 38-29-100, 38-31-80, 38-37-930, 38-39-20, 38-39-40, 38-43-130, 38-43-160, 38-43-190, 38-45-140, 38-45-150, 38-47-60, 38-47-70, 38-53-150, 38-53-340, 38-55-40, 38-55-60, 38-55-80, 38-55-340, 38-57-200, 38-59-30, 38-59-50, 38-63-10, 38-63-20, 38-65-10, 38-65-20, 38-69-10, 38-69-20, 38-71-90, 38-71-220, AND 38-73-80, ALL RELATING TO THE INSURANCE LAW AND CONTAINING SEPARATE PENALTY PROVISIONS, SO AS TO DELETE THE EXISTING PENALTY PROVISIONS AND ADD REFERENCES TO THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; AND TO REPEAL SECTIONS 38-25-340, 38-25-350, 38-37-950, 38-37-960, 38-43-140, 38-43-150, 38-61-60, AND 38-73-100 RELATING TO THE INSURANCE LAW.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3331 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND ARTICLE 9, CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPERATIONS GENERALLY OF A DOMESTIC MUTUAL INSURER, BY ADDING SECTIONS 38-19-815 AND 38-19-825 SO AS TO DEFINE "BULK REINSURANCE AND ASSUMPTION", "MERGER", AND "CONVERSION OF A MUTUAL INSURER TO A STOCK INSURER", AND PROVIDE FOR A PROCEDURE FOR BULK REINSURANCE AND ASSUMPTION, MERGER, AND CONVERSION; TO AMEND SECTION 38-19-20, RELATING TO CONTRACTS ISSUED BY DOMESTIC MUTUAL INSURERS, SO AS TO PROVIDE THAT THE EMPLOYER WHOSE NAME IS ON THE MASTER CONTRACT IS A MEMBER OF THE INSURER WHEN THE CONTRACT IS A GROUP ANNUITY CONTRACT OR A CONTRACT OF GROUP INSURANCE AND THE HOLDER OF AN INDIVIDUAL OR GROUP ANNUITY CONTRACT OR AN INDIVIDUAL OR GROUP CONTRACT OF INSURANCE INSTEAD OF A HOLDER OF ONE OR MORE INSURANCE CONTRACTS ISSUED BY AN INSURER; TO AMEND SECTION 38-19-40, RELATING TO NOTICE OF THE TIME AND PLACE OF THE ANNUAL MEETING OF MEMBERS REQUIRED TO BE GIVEN BY A DOMESTIC MUTUAL INSURER, SO AS TO REQUIRE A PROCEDURE FOR CHANGING THE TIME INSTEAD OF THE DATE OF THE ANNUAL MEETING; TO AMEND SECTION 38-19-50, RELATING TO THE USE OF A PROXY BY A MEMBER OF A DOMESTIC MUTUAL INSURER, SO AS TO DELETE THE AUTHORITY OF A MEMBER OF THE INSURER TO GIVE HIS PROXY TO ANOTHER MEMBER, THE PROHIBITION OF AN OFFICER OF THE INSURER HOLDING OR VOTING THE PROXY OF ANY MEMBER, AND THE CONDITIONS UNDER WHICH A PROXY IS NO LONGER VALID, TO PROVIDE WHEN THE APPOINTMENT OF THE PROXY IS EFFECTIVE, AND TO ADD CONDITIONS UNDER WHICH A MEMBER'S VOTE UPON A PROPOSAL MAY BE REGISTERED, PROVIDE CONDITIONS UNDER WHICH A PROXY ONLY MAY BE USED; TO AMEND SECTION 38-19-60, RELATING TO THE CONDUCT OF BUSINESS AT AN ANNUAL MEETING OF A DOMESTIC MUTUAL INSURER, SO AS TO DELETE THE PROVISIONS GOVERNING THE UTILIZATION OF A PROXY; TO AMEND SECTION 38-19-610, RELATING TO THE BORROWING OF MONEY BY A DOMESTIC MUTUAL INSURER, SO AS TO DELETE THE MAXIMUM PERCENTAGE RATE OF EIGHT PERCENT A YEAR AT WHICH THE MONEY MAY BE BORROWED; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM THE INSURER'S ESTATE, SO AS TO DELETE THE PROVISIONS IN CLASS 7 WHICH AUTHORIZE PAYMENTS TO MEMBERS OF DOMESTIC MUTUAL INSURANCE COMPANIES LIMITED IN ACCORDANCE WITH LAW AND CREATE A NEW CLASS 8 AUTHORIZING PAYMENTS TO MEMBERS OF DOMESTIC MUTUAL INSURANCE COMPANIES; AND TO REPEAL SECTIONS 38-19-210 THROUGH 38-19-260 RELATING TO OPERATIONS GENERALLY OF DOMESTIC MUTUAL INSURERS, AND SECTIONS 38-19-810, 38-19-820, 38-19-830, 38-19-840, 38-19-850, 38-19-860, 38-19-870, 38-19-880, 38-19-890 RELATING TO CONVERSION OF REINSURANCE, LIQUIDATION, AND MERGER OF A DOMESTIC MUTUAL INSURER.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3332 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-71-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURER'S RIGHT OF SUBROGATION IN POLICIES OF ACCIDENT AND HEALTH INSURANCE, SO AS TO ALLOW THE CHIEF INSURANCE COMMISSIONER TO DISALLOW SUBROGATION IF, AFTER PETITION BY THE INSURED, HE DETERMINES THE SUBROGATION TO BE INEQUITABLE; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-335 SO AS TO PROHIBIT THE WRITING OF INDIVIDUAL OR FAMILY ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES WHICH ALLOW THE INSURER TO CANCEL THE POLICY ON A DATE OTHER THAN THE ANNIVERSARY OR PREMIUM DUE DATE AND POLICIES WHICH ARE OPTIONALLY RENEWABLE AND TO REQUIRE THIRTY-ONE DAYS' WRITTEN NOTICE OF NONRENEWAL; TO AMEND SECTION 38-71-340, RELATING TO MANDATORY PROVISIONS IN ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-370, RELATING TO OPTIONAL PROVISIONS IN LIFE INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-610, RELATING TO NOTICE OF PREMIUMS DUE FOR ACCIDENT OR HEALTH INSURANCE POLICIES, SO AS TO REVISE A TERM; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-735 SO AS TO PROVIDE MANDATORY PROVISIONS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-810, RELATING TO READJUSTMENT OF PREMIUMS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO CLARIFY TERMS; TO AMEND SECTION 38-71-1010, RELATING TO THE DEFINITION OF BLANKET ACCIDENT AND HEALTH INSURANCE, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 38-71-1110, RELATING TO THE DEFINITION OF ACCIDENT AND HEALTH INSURANCE IN A FRANCHISE PLAN, SO AS TO REVISE THE DEFINITION; TO AMEND SECTIONS 38-55-50 AND 38-71-200, RELATING TO THE PROHIBITION ON DISCRIMINATION BETWEEN INSUREDS OF THE SAME CLASS OR HAZARD, SO AS TO ALLOW STATUTORY EXCEPTIONS; TO AMEND SECTION 38-57-190, RELATING TO TYPES OF INSURANCE EXEMPT FROM RESTRICTIONS ON PREFERENCES, SO AS TO REVISE THE EXEMPT CATEGORIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-55-180 SO AS TO PROVIDE FOR THE SAFEGUARDING OF PREMIUMS OF INDUSTRIAL INSURANCE; AND TO REPEAL SECTIONS 38-71-130, 38-71-180, 38-71-380, 38-71-390, 38-71-400, 38-71-820, AND ARTICLE 7, CHAPTER 71 RELATING TO ACCIDENT AND HEALTH INSURANCE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3336 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE BY ADDING SECTION 38-37-145 SO AS TO PROVIDE THAT EVERY AUTOMOBILE INSURANCE POLICY OR OTHER POLICY CONTAINING AUTOMOBILE INSURANCE COVERAGE ON THE FACE OF THE POLICY MUST STATE THE COMPLETE NAME OF THE COMPANY ISSUING THE POLICY, ITS ADDRESS, AND TELEPHONE NUMBER AND THE NAME, ADDRESS, AND TELEPHONE NUMBER OF ITS RESIDENT INSURANCE ADJUSTOR.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3390 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-19-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALING ACTIONS OF THE JOINT UNDERWRITING ASSOCIATION, SO AS TO FURTHER PROVIDE FOR WHO MAY APPEAL TO THE INSURANCE COMMISSION AND CHANGE THE TIME WHEN THE APPEAL MAY BEGIN.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3394 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3409 -- Rep. Beasley: A BILL TO AMEND SECTION 37-4-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "CONSUMER CREDIT INSURANCE", SO AS TO EXCLUDE FROM THE DEFINITION INSURANCE PROVIDED IN RELATION TO A CREDIT TRANSACTION IN WHICH A PAYMENT IS SCHEDULED MORE THAN FIFTEEN YEARS AFTER THE EXTENSION OF CREDIT AND THE DEBT IS SECURED BY REAL ESTATE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3417 -- Reps. J. Bradley, G. Bailey, J.W. McLeod, Kohn, M.O. Alexander and Neilson: A BILL TO AMEND ARTICLE 1, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE, BY ADDING SECTION 38-77-35 SO AS TO PROVIDE THAT WHERE AN INSURANCE COMPANY, AS A RESULT OF AN AUTOMOBILE ACCIDENT, REQUIRES A RELEASE FROM AN INJURED PARTY FOR PROPERTY DAMAGES AND RELATED EXPENSES, THE RELEASE MUST BE LIMITED TO PROPERTY DAMAGE ITEMS ONLY AND MAY NOT BE A FULL RELEASE AS TO ALL CLAIMS OF THE INJURED PARTY AGAINST THE INSURED COVERED BY THE INSURANCE COMPANY.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 542 -- Senator Williams: A BILL TO AMEND SECTION 8-11-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SICK AND ANNUAL LEAVE IN CONJUNCTION WITH WORKERS' COMPENSATION, SO AS TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE AN EMPLOYEE ELECTS ANY LEAVE OPTION.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 547 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE MANNER IN WHICH THE EMPLOYER OR THE INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO PROVIDE THAT ANY EMPLOYER OPERATING IN VIOLATION OF SECTION 42-l-310 IS NOT ELIGIBLE FOR REIMBURSEMENT FROM THE SECOND INJURY FUND.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 548 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE PROVISION THAT TRUSTEES MAY ADMINISTER LUMP-SUM SETTLEMENTS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE LUMP-SUM STATUTE AND REPLACE IT WITH THE CORRECT REFERENCE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 549 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, PURPOSE, ADMINISTRATION, FUNDING, AND STAFF OF THE SECOND INJURY FUND, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY ASSESSMENT UNDER THIS SECTION CONSTITUTES A PERSONAL DEBT OF EVERY EMPLOYER OR INSURANCE CARRIER SO ASSESSED AND IS DUE AND PAYABLE TO THE SECOND INJURY FUND WHEN PAYMENT IS CALLED FOR BY THE FUND, THAT A PENALTY MAY BE ASSESSED UNDER CERTAIN CONDITIONS, AND THAT THE DIRECTOR OF THE SECOND INJURY FUND MAY FILE A COMPLAINT FOR COLLECTION UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2541 -- Reps. J.C. Johnson, McAbee, Townsend, Tucker, Kay, Carnell, Toal and Cooper: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN CERTAIN RENTED OBJECTS CONSTITUTING LARCENY, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THIS SECTION INVOLVING VIDEO OR CASSETTE TAPES WHERE THE DOLLAR AMOUNT OF THE RENTAL CONTRACT IS TWO HUNDRED DOLLARS OR LESS IS CONSIDERED PETIT LARCENY AND TRIABLE AND PUNISHABLE AS SUCH.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 2882 -- Rep. Foxworth: A BILL TO AMEND SECTIONS 50-9-240 AND 50-9-250, BOTH AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF STATUTES REGULATING HUNTING, SO AS TO ADD SECTION 50-9-135 TO THE STATUTES TO WHICH THE PENALTIES APPLY AND TO PROVIDE THAT JURISDICTION OF VIOLATIONS OF SOME OF THE STATUTES APPLICABLE TO RESIDENT HUNTERS IS IN MAGISTRATES' COURTS ONLY, AND TO AMEND SECTION 50-17-1650, AS AMENDED, RELATING TO TRAWL NETS IN WATERS ADJACENT TO GAME ZONE NOS. 7 AND 9, SO AS TO CHANGE THE PENALTY PROVISIONS TO PROVIDE THAT VIOLATIONS MUST BE TRIED IN MAGISTRATES OR MUNICIPAL COURTS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2914 -- Ethics Committee: A BILL TO AMEND ARTICLE 9 OF CHAPTER 13 OF TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTIONS 8-13-760 THROUGH 8-13-790 SO AS TO REGULATE USE OF PUBLIC PERSONNEL AND MATERIALS IN ELECTION CAMPAIGNS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3296 -- Rep. Clyborne: A BILL TO AMEND SECTION 18-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPEAL FROM A JUDGMENT IN A MAGISTRATE'S OR MUNICIPAL COURT, SO AS TO CHANGE FROM TEN TO THIRTY DAYS THE TIME AN APPELLANT HAS TO FILE HIS NOTICE OF APPEAL.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3322 -- Reps. Edwards, D. Martin, White and Clyborne: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL OFFICE VACANCIES, SO AS TO PROVIDE FOR ELECTIONS TO BE HELD ON THE SAME DATE IF THEY ARE REQUIRED WITHIN A TWENTY-EIGHT-DAY PERIOD IN THE SAME COUNTY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3338 -- Rep. Fair: A BILL TO AMEND SECTION 61-13-875, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON-PREMISES CONSUMPTION ON A TWO OR MORE FOR THE PRICE OF ONE BASIS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS WHO HOLD LICENSES AND PERMANENT PERMITS TO SELL THE BEVERAGES, TO PROHIBIT DISPENSING THE BEVERAGES FOR FREE, AND TO PROHIBIT SALE OF THE BEVERAGES AT LESS THAN THE REGULAR PRICE EXCEPT FROM FOUR O'CLOCK P.M. UNTIL EIGHT O'CLOCK P.M.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3378 -- Reps. Keyserling and M.D. Burriss: A BILL TO AMEND SECTION 48-47-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEVELOPMENT AND OPERATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES FOR PURPOSES OF THE SOUTHEASTERN RADIOACTIVE WASTE COMPACT, SO AS TO PROVIDE THAT NO HOST STATE IS REQUIRED TO OPERATE A REGIONAL DISPOSAL FACILITY FOR LONGER THAN TWENTY YEARS OR TO DISPOSE OF MORE THAN THIRTY-TWO MILLION CUBIC FEET OF LOW-LEVEL RADIOACTIVE WASTE, WHICHEVER OCCURS FIRST; TO AMEND SECTION 48-47-280, RELATING TO THE REQUIREMENTS FOR WITHDRAWING FROM THE COMPACT, SO AS TO QUALIFY THE RIGHT OF WITHDRAWAL AND FURTHER PROVIDE FOR THE PROCEDURAL REQUIREMENTS FOR WITHDRAWAL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 48-47-285 SO AS TO ALLOW WITHDRAWAL BY A STATE MORE THAN THIRTY DAYS AFTER THE COMMENCEMENT OF THE SECOND HOST STATE'S DISPOSAL FACILITY ONLY WITH THE UNANIMOUS APPROVAL OF THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMMISSION AND THE CONSENT OF CONGRESS AND TO PROVIDE THAT THE BARNWELL COUNTY DISPOSAL FACILITY IS CONSIDERED THE FIRST HOST STATE DISPOSAL FACILITY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3381 -- Reps. Wilkins, Corning, Huff, Clyborne, Gentry and Toal: A BILL TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMUNITY FROM CIVIL LIABILITY OF HEALTH CARE PROVIDERS WHEN PROVIDING FREE AND VOLUNTARY MEDICAL SERVICES AT HOSPITALS AND CERTAIN OTHER LOCATIONS, SO AS TO DELETE THE REQUIREMENT THAT THESE SERVICES BE PROVIDED AT HOSPITALS OR OTHER SPECIFIED LOCATIONS IN ORDER FOR THE HEALTH CARE PROVIDER TO BE SO IMMUNE FROM CIVIL LIABILITY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3393 -- Reps. Wilkins, Hayes, J.W. Johnson and Fair: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO TESTS TO DETERMINE THE ALCOHOLIC OR DRUG CONTENT OF BLOOD, SO AS TO DEFINE PERSONS WHO ARE PERMITTED TO TAKE BLOOD AND URINE SAMPLES INSTEAD OF ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS OR A COMBINATION OF THEM IN THE SYSTEMS OF PERSONS ARRESTED FOR DUI.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3399 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING BAIL BONDSMEN AND RUNNERS, SO AS TO DELETE THE PROVISION THAT LOITERING IN OR ABOUT A MAGISTRATE'S OFFICE OR ANY PLACE WHERE PRISONERS ARE CONFINED IS PRIMA FACIE EVIDENCE OF SOLICITING, TO PROVIDE THAT JUDICIAL OFFICERS, LAW ENFORCEMENT OFFICERS, AND JAILERS HAVE FULL RESPONSIBILITY, POWER, AND AUTHORITY TO ENFORCE CERTAIN PROVISIONS OF SECTION 38-53-170, AND TO REQUIRE THAT ANY ACTION TAKEN PURSUANT TO CERTAIN PROVISIONS OF SECTION 38-53-170 RESULTING IN A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE MUST BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3418 -- Reps. Edwards, D. Martin, White and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-125 SO AS TO PROVIDE FOR A RUNOFF ELECTION TO BREAK TIES IN MUNICIPAL ELECTIONS AND TO POSTPONE SUBSEQUENT MUNICIPAL ELECTIONS IF THERE IS A TIE-BREAKER RUNOFF ELECTION; TO ADD ARTICLE 19 IN CHAPTER 13 OF TITLE 7, RELATING TO THE CONDUCT OF ELECTIONS, SO AS TO PROVIDE FOR TIE-BREAKING GENERAL, SPECIAL, AND PRIMARY ELECTIONS; TO AMEND SECTIONS 7-13-50 AND 7-13-1170, RELATING RESPECTIVELY TO RUNOFF PRIMARY ELECTIONS AND CASES WHERE THE GOVERNOR ORDERS NEW ELECTIONS, SO AS TO DELETE PROVISIONS RELATING TO TIE ELECTIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3420 -- Reps. Rudnick, J.C. Johnson, Moss, Snow, Keyserling, J. Bradley, Kirsh, T. Rogers, J. Brown, White and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-7-15 SO AS TO PROVIDE FOR NOTICE OF A CHANGE IN A POLLING PLACE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3429 -- Reps. Wilkins, Gregory, Haskins and Wilder: A BILL TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESPONSIBILITY OF A MUNICIPAL GOVERNING BODY TO ESTABLISH BY ORDINANCE TIME REQUIREMENTS FOR NOMINATIONS, PRIMARIES, AND CONVENTIONS AND THE PERCENTAGE REQUIRED FOR NOMINATING PETITIONS, SO AS TO REQUIRE ALL NOMINATING PETITIONS TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH HE OFFERS AS A CANDIDATE INSTEAD OF AUTHORIZING THE GOVERNING BODY TO DETERMINE THE PERCENTAGE OF THE PETITION, WITHIN CERTAIN LIMITS, WHICH MUST BE QUALIFIED ELECTORS OF THE MUNICIPALITY; AND TO AMEND SECTION 5-15-110, RELATING TO THE REQUIREMENT THAT A NOMINATING PETITION BE FILED WITH THE MUNICIPAL ELECTION COMMISSION IN MUNICIPAL, SPECIAL, OR PARTISAN GENERAL ELECTIONS, SO AS TO REQUIRE THE PETITION TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH THE CANDIDATE OFFERS INSTEAD OF THE MUNICIPALITY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 731 -- Senators Martschink, Shealy, Stilwell and Russell: A BILL TO PROVIDE A PROCEDURE FOR AN OFFICEHOLDER TO TENDER AN IRREVOCABLE RESIGNATION AND FOR AN ELECTION TO BE HELD TO FILL HIS OFFICE WHENEVER THE OFFICEHOLDER IS ELECTED TO ANOTHER OFFICE.
Ordered for consideration tomorrow.
On motion of Rep. HUFF, with unanimous consent, the following was taken up for immediate consideration:
H. 3562 -- Reps. Huff and Wilkins: A HOUSE RESOLUTION TO SET WEDNESDAY, FEBRUARY 3, 1988, IMMEDIATELY AFTER THE ROLL CALL AS THE TIME FOR ELECTING A MEMBER OF THE HOUSE OF REPRESENTATIVES TO THE STATE REORGANIZATION COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF THE HONORABLE JUANITA M. WHITE FROM THE COMMISSION.
Be it resolved by the House of Representatives:
That Wednesday, February 3, 1988, immediately after the roll call is set as the time for electing a member of the House of Representatives to the State Reorganization Commission to fill the vacancy created by the resignation of the Honorable Juanita M. White from the Commission.
The Resolution was adopted.
The following was introduced:
H. 3563 -- Reps. Klapman, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, Burch, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, Humphries, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Kohn, Koon, Lanford, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Pearce, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. WILLIAM J. BUCHANAN OF WEST COLUMBIA, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1039 -- Senator Applegate: A CONCURRENT RESOLUTION TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO HOLD A JOINT SESSION IN CHARLESTON ON MONDAY, MAY 23, 1988, TO CELEBRATE THE BICENTENNIAL OF THE CONSTITUTION OF THE UNITED STATES AND TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO VISIT IN CHARLESTON ON THE PRECEDING WEEKEND BEGINNING ON SATURDAY, MAY 21, 1988.
The Concurrent Resolution was ordered placed on the Calendar.
The Senate sent to the House the following:
S. 1049 -- Senator Powell: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. ROBERT MONROE STRICKLAND OF ABBEVILLE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1050 -- Senator Peeler: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND C.E. HAMPTON OF CHEROKEE COUNTY ON THE OCCASION OF HIS EIGHTY-FIRST BIRTHDAY, JANUARY 28, 1988, AND WISHING THIS ENERGETIC AND OUTSTANDING CITIZEN OF SOUTH CAROLINA MANY HAPPY RETURNS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3564 -- Reps. Baker, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, Burch, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, Humphries, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Pearce, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A HOUSE RESOLUTION TO CONGRATULATE DENNIS L. BENNETT, OF GREENVILLE COUNTY, FOR HIS SUCCESSFUL COMPETITION IN THE INTERNATIONAL SPECIAL OLYMPICS HELD AT NOTRE DAME UNIVERSITY IN AUGUST, 1987.
The Resolution was adopted.
The following was introduced:
H. 3565 -- Rep. Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE THE BARNWELL HIGH SCHOOL FOOTBALL TEAM AND ITS COACH, MAC WIER, ON CAPTURING THE 1987 CLASS AA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3566 -- Reps. Hayes and Fair: A BILL TO AMEND SECTION 61-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF RETAIL BEER, WINE, OR ALCOHOLIC BEVERAGE LOCATIONS BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION SHALL GIVE FULL RECOGNITION TO A LAWFUL COUNTY OR MUNICIPALITY ZONING ORDINANCE WHICH PROHIBITS THE LOCATION OF BEER, WINE, OR ALCOHOLIC BEVERAGE ESTABLISHMENTS, IN A SPECIFIC AREA, PROVIDED THE COMMISSION FINDS THAT THE ORDINANCE IS REASONABLE AND NOT ARBITRARY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3567 -- Rep. Hayes: A BILL TO AMEND ARTICLE 1, CHAPTER 49, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD AND OTHER EXEMPTIONS, SO AS TO REVISE THE PROCEDURES WHICH MUST BE FOLLOWED IN JUDICIAL SALES OF PROPERTY WHICH IS SUBJECT TO THESE EXEMPTIONS AND TO REPEAL ARTICLE 3 AND ARTICLE 5 OF CHAPTER 41, TITLE 15, RELATING TO HOMESTEAD AND OTHER EXEMPTIONS.
Referred to Committee on Judiciary.
H. 3568 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO AGENTS AND AGENCY LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 891, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3569 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO VARIABLE CONTRACTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 890, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3570 -- Reps. Sheheen and J. Harris: A BILL TO AMEND SECTION 50-11-690, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEER HUNTING IN GAME ZONE 5, SO AS TO PROHIBIT DEER HUNTING WITH DOGS UNLESS A MEMBER OF THE HUNTING PARTY OWNS OR HAS LEASED IN HIS OWN NAME THE LAND ON WHICH THE HUNT OCCURS AND THE LAND CONSISTS OF SEVEN HUNDRED FIFTY CONTIGUOUS ACRES AND TO PROHIBIT HUNTING WITHIN SEVENTY-FIVE FEET OF THE RIGHT-OF-WAY OF A PUBLIC ROAD.
Referred to Committee on Agriculture and Natural Resources.
H. 3571 -- Reps. Sheheen and J. Harris: A BILL TO AMEND SECTION 50-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY, SO AS TO PROHIBIT HUNTING WITHIN ONE HUNDRED FEET OF THE CENTER LINE OF STATE PRIMARY HIGHWAYS OR FIRING A FIREARM ACROSS, UP, OR DOWN A PUBLIC ROAD OR HIGHWAY.
Referred to Committee on Agriculture and Natural Resources.
H. 3572 -- Reps. T.C. Alexander, M.O. Alexander, Neilson, Petty and G. Bailey: A BILL TO AMEND SECTION 56-10-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO INCREASE FROM TWENTY-FIVE TO ONE HUNDRED DOLLARS THE REINSTATEMENT FEE FOR VEHICLE REGISTRATION AFTER THE REGISTRATION OF A VEHICLE IS SUSPENDED FOR FAILURE TO MAINTAIN INSURANCE ON THE VEHICLE.
Referred to Committee on Labor, Commerce and Industry.
H. 3573 -- Labor, Commerce and Industry Committee: A BILL TO ENACT THE LONG TERM CARE INSURANCE ACT.
Without reference.
H. 3574 -- Reps. Barfield, Hodges, T. Rogers, G. Bailey, Pettigrew, McCain, M.D. Burriss, Beasley, Shelton, Elliott, Sharpe, Moss, Jones, Holt, Toal, Kay, Aydlette, Whipper, Blackwell, Sturkie, McBride, Petty, Waldrop, R. Brown, Chamblee, Wilder, Washington, Townsend, Gentry, Faber, J. Brown, Lockemy, Mappus, G. Brown, Bennett, Wells, Short, Stoddard, Baker, O. Phillips, J. Harris, McKay, Wilkins, McElveen, Foxworth, Davenport, K. Bailey, Carnell, J.C. Johnson, Kohn, T.M. Burriss, Cooper, Williams, J.W. Johnson, Cole, Burch, L. Phillips, Hayes, Cork, Humphries, Winstead, E.B. McLeod, Altman, Gregory, McGinnis, Thrailkill, Day, J.W. McLeod, Baxley, Pearce, McTeer, Lewis, L. Martin, Rice, Neilson, Foster, H. Brown, McEachin, M.O. Alexander, P. Bradley, Mattos, Lanford and Snow: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION INVOLVING FRAUDULENT CHECKS, DRAFTS, OR OTHER ORDERS SO AS TO INCREASE THE AMOUNT OF THE INSTRUMENT WHICH ESTABLISHES MAGISTRATE COURT JURISDICTION FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.
Referred to Committee on Judiciary.
H. 3575 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF PSYCHOLOGY FOR SIX YEARS AND TO AMEND SECTION 40-55-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE OF ETHICS FOR PSYCHOLOGISTS, SO AS TO AUTHORIZE THE ADOPTION OF THE CODE OF ETHICS FOR PSYCHOLOGISTS AND DELETE THE SPECIFIC REFERENCE TO THE CODE PUBLISHED BY THE AMERICAN PSYCHOLOGICAL ASSOCIATION AND AN UNNECESSARY DATE AND TO REQUIRE CONSULTATION AND COLLABORATION WITH PHYSICIANS IN EXTENDED PSYCHOTHERAPY CASES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3576 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3577 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-79-20 SO AS TO REQUIRE MEDICAL MALPRACTICE INSURANCE CARRIERS TO FILE FINAL JUDGMENTS, SETTLEMENTS, AGREEMENTS, AND AWARDS WITH LICENSING BOARDS.
Referred to Committee on Labor, Commerce and Industry.
H. 3578 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3579 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS; AND TO AMEND SECTION 40-36-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSES FOR OCCUPATIONAL THERAPISTS, SO AS TO CHANGE EDUCATIONAL ACCREDITATION REQUIREMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3580 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS; TO AMEND SECTIONS 40-51-l lo AND 40-51-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PODIATRY, SO AS TO PROVIDE LICENSURE RECIPROCITY WITH STATES WHOSE REQUIREMENTS ARE SUBSTANTIALLY EQUIVALENT TO THIS STATE'S AND TO PROVIDE GROUNDS AND PROCEDURE FOR THE SUSPENSION AND REVOCATION OF LICENSES TO PRACTICE PODIATRY; AND TO REPEAL SECTIONS 40-51-210 AND 40-51-250 RELATING TO PROHIBITION AGAINST CORPORATE PRACTICE OF PODIATRY OR PRACTICE IN CONNECTION WITH A COMMERCIAL ESTABLISHMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3581 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO CREATE THE OFFICE OF LICENSING, REGULATION, AND CERTIFICATION BY CONSOLIDATING ALL ADMINISTRATIVE AND CLERICAL ACTIVITIES OF CERTAIN BOARDS AND COMMISSIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3582 -- Rep. Wilder: A BILL TO ABOLISH THE OFFICE OF COUNTY SUPERINTENDENT OF EDUCATION AND THE COUNTY BOARD OF EDUCATION IN BARNWELL COUNTY AND DEVOLVE THEIR DUTIES UPON THE RESPECTIVE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS OF THE COUNTY; AND TO AUTHORIZE THE DISTRICT BOARDS OF TRUSTEES TO JOINTLY CONTRACT FOR CERTAIN FISCAL AND ADMINISTRATIVE SERVICES.
On motion of Rep. WILDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3583 -- Reps. Sharpe, Jones, Rudnick and Huff: A JOINT RESOLUTION TO PROVIDE FOR THE 1987-88 SCHOOL YEAR THAT NO MORE THAN TWO DAYS MISSED BECAUSE OF BAD WEATHER CONDITIONS MAY BE EXCUSED, BUT TEACHERS MAY NOT HAVE THEIR COMPENSATION REDUCED BECAUSE OF THE EXCUSED DAYS.
Rep. SHARPE asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. L. PHILLIPS objected.
Referred to Committee on Education and Public Works.
H. 3584 -- Rep. Davenport: A BILL TO AMEND SECTIONS 12-27-1260 AND 12-27-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADDITIONAL GASOLINE TAX REVENUE FOR THE STRATEGIC HIGHWAY PLAN AND ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO SET ASIDE TWENTY PERCENT OF THE ADDITIONAL GASOLINE TAX FOR DISTRIBUTION TO COUNTIES AS "C" FUNDS BASED ON A POINT OF SALE FORMULA, TO MAKE INELIGIBLE FOR THE DISTRIBUTION COUNTIES WITH MORE THAN TWENTY-FIVE MILLION DOLLARS IN PROJECTS SCHEDULED UNDER THE STRATEGIC HIGHWAY PLAN, AND TO PROVIDE FOR THE REDISTRIBUTION OF REVENUES OF INELIGIBLE COUNTIES.
Referred to Committee on Ways and Means.
H. 3585 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 33, CHAPTER 17, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND LIABILITIES FOR ACTIONS PERTAINING TO RAILROADS, BY ADDING SECTION 58-17-4095 SO AS TO PROHIBIT VEHICULAR TRESPASS ON RAILROAD RIGHTS-OF-WAY IN SOUTH CAROLINA.
Referred to Committee on Judiciary.
S. 933 -- Senators Waddell, Leatherman, Lourie and Hayes: 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.
Referred to Committee on Judiciary.
The following was introduced:
H. 3586 -- Reps. Snow, T.M. Burriss, Simpson, M.O. Alexander, T.C. Alexander, Aydlette, G. Bailey, Baker, Baxley, Beasley, Bennett, P. Bradley, J.H. Burriss, Chamblee, Dangerfield, Elliott, Gregory, Hendricks, J.C. Johnson, Mattos, Pearce, Rhoad, T. Rogers, Stoddard, Taylor, Thrailkill, Townsend and Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLEMSON UNIVERSITY SOCCER TEAM ON WINNING THE NCAA NATIONAL CHAMPIONSHIP ON DECEMBER 6, 1987.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3587 -- Reps. J. Bradley, Mappus, Kohn, G. Bailey, M.O. Alexander, Neilson, J.W. McLeod and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE STATE OF SOUTH CAROLINA FOR THE CONTINUATION OF STATE REGULATION OF INSURANCE AND TO OPPOSE THE REPEAL OR AMENDMENT OF THE McCARRAN FERGUSON ACT WHICH LEAVES THE REGULATION OF THE INSURANCE BUSINESS TO THE STATES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3588 -- Reps. Rudnick, G. Bailey, Sharpe, Jones, Huff, Rhoad and Wilder: A CONCURRENT RESOLUTION EXPRESSING THE SUPPORT OF THE GENERAL ASSEMBLY FOR THE EXPANSION OF U.S. HIGHWAY 78 TO FOUR LANES.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
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, J. Brown, R. Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Faber Fair Felder Ferguson 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 Kohn Koon Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard 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 January 20, 1988.
J.H. Burriss T.W. Edwards, Jr. Crosby Lewis
LEAVE OF ABSENCE
The SPEAKER granted Rep. LIMEHOUSE a leave of absence for today and tomorrow.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3536 -- Reps. Blanding, Baxley, G. Brown and E.B. McLeod: A BILL TO REVISE THE BOUNDARIES OF SUMTER SCHOOL DISTRICT NO. 17.
H. 2154 -- Reps. McEachin, Gilbert, McKay and J.W. McLeod: A BILL TO AMEND SECTION 40-21-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO REVISE THE QUALIFICATIONS OF CERTAIN LAND SURVEYOR MEMBERS OF THE BOARD, AND TO AMEND SECTION 40-21-195, RELATING TO QUALIFICATIONS FOR LICENSING AS A TIER B LAND SURVEYOR, SO AS TO EXTEND FROM TWO TO FOUR YEARS THE PRACTICAL EXPERIENCE QUALIFICATION NECESSARY FOR LICENSURE.
Rep. BLACKWELL was excused at 3:00 P.M. to attend a brief organizational meeting of the Joint Screening Committee to review candidates for the State Health and Human Services Finance Commission.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. P. BRADLEY having the floor.
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. P. BRADLEY continued speaking.
Rep. GREGORY moved to adjourn debate upon the Bill until Wednesday, January 27, which was adopted.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, January 21, 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. O. PHILLIPS moved to adjourn debate upon the following Bill until Wednesday, January 27, 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. HEARN moved to adjourn debate upon the following Bill until Wednesday, January 27, which was adopted.
H. 2013 -- Rep. Taylor: A BILL TO AMEND SECTIONS 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.
The following Bill was taken up.
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 "ACE"; 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. P. HARRIS moved to table the Bill, which was agreed to.
Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, February 3, 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 Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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. KIRSH explained the Bill.
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. DAVENPORT explained the Joint Resolution.
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.
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 proposed the following Amendment No. 1 (Doc. No. 0949J).
Amend the bill, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION _. Section 17-3-70 of the 1976 Code is amended to read:
"Section 17-3-70. For the fiscal year commencing July 1, 1969, there There is hereby appropriated from the general fund of the State, on behalf of each county the several counties, a sum equal to one hundred and fifty dollars for each one thousand persons residing in the county State according to the most recent official United State census States Census. The portion of this sum to which a particular county is entitled is computed by multiplying this sum by a percentage equal to the number of indigents in that county as compared to the number of indigents in the State as these respective numbers are determined by the Judicial Department. This sum for each county is to be maintained by the Judicial Department and disbursed as follows:
(a) Upon receipt of an application for funds from a defender corporation, and upon finding that the defender corporation has satisfied the requirements of this chapter, the Judicial Department shall disburse to the defender corporation such those funds as are necessary for the month-to-month operation of the corporation, but in no event to exceed the total appropriated hereunder; and
(b) Upon receipt of written application from an appointed private counsel payment shall must be made to him in the amount approved by the trial judge, provided that no such payment shall may be made after the funds appropriated for that county or counties in the defender corporation area have been exhausted."/
Renumber sections to conform. Amend title to conform.
Rep. J. BRADLEY explained the amendment.
Rep. T. ROGERS moved to adjourn debate upon the Bill until Tuesday, January 26, which was adopted.
Rep. SIMPSON moved to adjourn debate upon the following Bill until Wednesday, January 27, which was adopted.
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.
The following Bill was taken up.
S. 688 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-420 SO AS TO PRESCRIBE THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD WITH RESPECT TO THE SPECIFICATIONS FOR, RECEIPT OF, PRINTING, AND DISTRIBUTION OF ANNUAL REPORTS OF STATE AGENCIES, DEPARTMENTS, AND INSTITUTIONS, AND TO PROHIBIT THE PRINTING OF THE REPORTS IN MULTICOLOR FORMAT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0999J), which was adopted.
Amend the bill, as and if amended, by striking Section 1-11-420, as contained in SECTION 1, and inserting:
/Section 1-11-420. All institutions, departments, and agencies shall file an annual report with the board at the time the board specifies. The board shall prescribe specifications and deadlines as are practicable for the reports, the objective being to limit the content and style of printing, and thus keep the cost of their publication within reasonable limits. The board shall have the reports printed and made available on or before January first to each member of the General Assembly at his request and to the State Library. The board shall report annually to the General Assembly on the expenditure of appropriations for the reports showing, by departments, the number of copies and cost of publication. State agency annual reports and reports to the General Assembly may not be printed in a multicolor format unless that format can be purchased at the cost of black and white printing, nor may these reports contain pictures of board or commission members, agency officers, or employees."
Amend title to conform.
Rep. P. HARRIS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
H. 2978--DEBATE ADJOURNED
Rep. HEARN moved to adjourn debate upon the following Bill until Wednesday, January 27, which was adopted.
H. 2978 -- Reps. T.M. Burriss and J.H. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
H. 2365--RECOMMITTED
The following Bill was taken up.
H. 2365 -- Reps. Koon, Sharpe and Thrailkill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-55 SO AS TO REQUIRE PIT BULL DOGS AND OTHER BREEDS OF DOGS WITH AN INBRED INSTINCT, OR WHICH ARE TRAINED, TO FIGHT OR ATTACK TO BE KEPT IN A FENCED OR OTHER ENCLOSURE FROM WHICH THE ANIMALS MAY NOT ESCAPE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. SHARPE moved to recommit the Bill, to the Committee on Agriculture and Natural Resources, which was agreed to.
The Conference Report on the following Bill was taken up.
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.
Rep. PEARCE moved to recommit the Conference Report to the Conference Committee, which was agreed to.
The following Concurrent Resolution was taken up.
H. 3539 -- Ways and Means Committee: A CONCURRENT RESOLUTION TO PROVIDE THAT THE GENERAL ASSEMBLY RESCINDS ITS PREVIOUS CALL FOR A CONSTITUTIONAL CONVENTION TO BE CONVENED FOR THE PURPOSE OF CONSIDERING A BALANCED BUDGET AMENDMENT TO THE FEDERAL CONSTITUTION.
Whereas, Article V of the United States Constitution provides that Congress "shall" call a Constitutional Convention for proposing amendments if thirty-four states request one; and
Whereas, thirty-two states have already done so for the purpose of considering a balanced budget amendment to the federal constitution; and
Whereas, the Sovereign State of South Carolina is one of these thirty-two states having called for a Constitutional Convention; and
Whereas, such a convention could plunge the United States into constitutional chaos since no rules exist to govern its powers, procedures, agenda, or election of its participants. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of South Carolina hereby rescinds its previous call for a Constitutional Convention to be convened for the purpose of considering a balanced budget amendment to the federal constitution and instructs the Secretary of State to properly notify the Congress of the United States of this action.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Secretary of State and to each House of the Congress of the United States.
Rep. BLACKWELL explained the Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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 following was received.
The General Assembly, Columbia, S.C., January 19, 1988
The COMMITTEE OF CONFERENCE, to whom was referred: H. 2742
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 cast net any means for commercial purposes outside the areas as specified in Sections 50-17-1510, 50-17-1520, 50-17-1590 and 50-17-1600 or outside the legal channel net zones as established by the Wildlife and Marine Resources Department, other than for sale as live bait, or 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 sixty-day open season between September first and November fifteenth for taking shrimp over baited areas. The sixty 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 ten 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 five 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 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 ten 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 ten 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 one hundred 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.
It is unlawful during the closed season for taking shrimp over bait to have aboard any boat any poles or material that can be used to attract, lure, or cause shrimp to congregate.
It is unlawful to set poles within fifty yards of a dock or public landing or boat ramp.
(G) The provisions of subsection (F) do not apply to anyone taking or attempting to take shrimp by the use of a drop 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 two years. and the The boat, motor, trailer, rigging, coolers, nets, fishing devices 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.
In addition, his privilege to catch shrimp over bait will be suspended for a period of two years from the date of conviction.
(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 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 two hundred dollars, and the catch must be seized and forfeited as provided in Section 50-17-1615.
(L) Each quart of shrimp taken in violation of the provisions of this section may constitute a separate offense.
(M) No part of the fines provided in this section may be suspended."
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, for each 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 for each boat a day or for each person when no boat is used. 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 quarts of headed shrimp while on 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. This 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 or more than twenty-nine quarts of headed shrimp 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 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. If the shrimp involved in the violation were caught over bait, his privilege to catch shrimp over bait must be suspended for two years from the date of conviction.
(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. If the shrimp involved in the violation were caught over bait his privilege to catch shrimp over bait must be suspended for two years from the date of conviction. No part of the fines provided in this section may be suspended."
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. /s/Glenn F. McConnell /s/Fred L. Day On Part of the Senate. On Part of the House.
Rep. FOXWORTH explained the Conference Report.
The report was adopted and a message was ordered sent to the Senate accordingly.
On motion of Rep. L. MARTIN the House receded until 6:45 P.M.
At 6:45 P.M. the House resumed, the SPEAKER in the Chair.
The House stood at ease subject to the Call of the Chair.
At 6:59 P.M. the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
H. 3437 -- Reps. Sheheen, J. Rogers, Dangerfield, McLellan, L. Phillips, Pearce, Toal, White and Wilkins: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 20, 1988.
Governor Campbell was escorted to the rostrum by Senators Waddell, Long, Applegate and Fielding and Reps. T.M. BURRISS, BEASLEY and WHITE.
The PRESIDENT introduced Governor Campbell who then addressed the Joint Assembly as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly, ladies and gentlemen, I appreciate the opportunity to be here once again to offer my analysis of the State of the State of South Carolina. I want to discuss for the next few minutes where we've come from, where we are and where we're going.
I first want to thank you -- the Members of the General Assembly -- for your kindness and courtesy extended to my family, who are seated in the balcony, and to me during our first year in office. That particularly applies to a gentleman who has served this State with honor for nearly half a century. Senator Dennis, we love you, we missed you and we're glad to see you here tonight. God bless you.
I came to you last year with a set of goals which I felt we shared to keep South Carolina moving forward. I said we couldn't do everything in one year and we didn't. But we got a good start.
Let's look back for just a moment to 1987. To me, the major events weren't necessarily those that made the year-in-review sections in the papers.
I remember a little six year old friend I made while visiting an elementary school in Barnwell County. He couldn't afford a new greeting card, but he wanted to say hello, so he took an old Christmas card a finance company had sent his parents and he marked it out and doctored it up with simple words of love. I'll never forget that card and the little boy who gave it to me.
And I remember the volunteers in the schools, hospitals, nursing homes...any place where a need existed in South Carolina. Christmas 1987 will be a vivid memory in my mind because of the volunteers I met at the Providence Home here in Columbia who were handing out toys and food to the poor.
But the spirit of giving is not confined to the Christmas season in South Carolina. The recent snow and ice storm that hit our State with bone-chilling temperatures was no match for the warmth of human compassion that poured out across this State. In Duncan, South Carolina, one of the hardest hit areas, I met church members and truck drivers and National Guardsmen and other volunteers who were there to help people in distress. Their willingness to endure hardship to lessen the hardship of others literally saved lives all across South Carolina. This happened in every part of our State, ladies and gentlemen, and they deserve the thanks of all of us here tonight.
In looking back at my first year as the Governor of this State there have been a lot of emotional ups and downs. I recall the surge of excitement when informed last month that a Jewish family that I and some others had been trying to help had been given permission to emigrate from the Soviet Union to Israel. And I recall the disappointment when notified that a young man from Marion County had died despite the State's efforts to fly him to Nebraska for a liver transplant.
I remember well those ten legislators who each pledged ten thousand dollars of their personal money to guarantee that emergency flight.
The first grader...the volunteers...the generous legislators all represent South Carolina, ladies and gentlemen. Our State cannot be portrayed adequately by the top news stories of the hour or of the day. If you really want to know about South Carolina, you'll have to look where the cameras aren't. It is there where you will find quiet people in little places doing extraordinary things. I don't think the "me generation" ever made it to South Carolina and that makes us a truly unique place in this country.
William Faulkner could have been talking about South Carolina when he said these words in 1950: "I believe that man will not merely endure: He will prevail, he is immortal, not because he alone among creatures has an inexhaustible voice, but because he has a soul, a spirit capable of compassion and sacrifice and endurance."
South Carolina will not endure through loud voices and empty words, but through compassion and sacrifice and vision.
I come to you tonight with a continuing vision which we shared last year. I first want to reaffirm that our primary thrust in government must be jobs for our people and education to prepare them for their jobs.
I am pleased to report extraordinary success in economic development. Total capital investment for 1987 hit a five-year high of 2.3 billion dollars, creating directly a 22-year high of more than 22-thousand jobs. Foreign investment set an all-time record last year in our State. There were almost 68,000 more people working in South Carolina at last report than there were a year ago. It was a pretty good year.
Some of this success can be attributed to the overall national and international economy. But I know for a fact we got most of the new jobs because of hard work, smart, smart lawmaking in the General Assembly and great cooperation between local and State governments. Large companies don't choose to come to South Carolina by tossing a coin. Competition has been fierce. We scrapped and scraped and convinced a lot of people that South Carolina is the best State in the country to do business and that's why they came here.
I know from countless hours of negotiations with corporate executives that the action we took last year made a difference:
--We approved a lower corporate income tax rate, phasing down over two years;
--We extended the job tax credit statewide;
--We fashioned a ten million dollar set aside enabling us to tie new job creation directly to highway improvements.
These were important initiatives because they put us in a better competitive posture with other states.
By Executive Order I created the Council on Competitiveness to monitor our State's business climate and a Water Resources Coordinating Council to better leverage water and sewer funds.
The Business Assistance Office is now a reality to help entrepreneurs cut through the red tape while starting businesses.
And we did something else. In my office we worked with local government, and together we approved the investment of more than 11 million grant dollars on proJects that eventually helped create 95 hundred new jobs throughout South Carolina. Twenty-six non-metropolitan counties benefitted and a majority of these 95 hundred jobs that were created went to lower income people in our State. That to me is the best program we can have, a job creation program. This was done with the complete cooperation of the local officials in these communities and working with many of you here in this General Assembly. I thank you for that cooperation.
By working together, we had a banner year. But there's a lot more to do.
South Carolina has established itself as one of the fastest growing industrial centers in the nation. With success, however, comes the insight that we must expand our horizons.
How many growth companies, for example, would consider us a major contender for a new corporate headquarters? We have no major urban center; no major airline hub; few financial incentives to lure them. How then are we going to compete, if we're going to grow? Inc. Magazine ranks South Carolina 14th in the nation for entrepreneurial business climate. Yet we have not approached our potential of developing nationally recognized companies within our borders.
Soon, I will send to you a legislative package containing five initiatives recommended by the Council on Competitiveness that will provide a more strategic direction in our economic development efforts for our State.
This package includes:
--A measure giving our rural counties a shot in the arm by expanding responsibilities of the Jobs-Economic Development Authority to finance water and sewer construction.
--A Bill offering financial incentives targeted toward recruitment of corporate and regional headquarters.
--A proposal providing initiatives to encourage a commercial airline to establish that badly needed regional hub in South Carolina.
--And I will send to you legislation which would stimulate creation of a 10-million dollar private, for-profit seed capital fund to generate high growth business and industry in our State.
The fifth proposal would fill a critical gap. We are at a disadvantage when it comes to trying to recruit very large companies, large capital intensive companies primarily because of relatively high industrial property tax rates. The Bill would give local governments the ability to negotiate fees in lieu of property taxes - but only for mega-companies willing to commit an initial capital investment of at least 100-million dollars.
I'm asking for one other thing. We need to restore the capital gains differential in our tax rates in South Carolina. Over time it does not cost us money, indeed it generates economic activity and revenue. And we're out of line because our 2.8 percent level jumped to seven percent, a massive increase that far surpassed the increase of the Federal Government.
I've long thought that economic development is the most humanitarian program government can be involved in. A government that cares about people creates opportunities for people. We can tell people we care about them all day long, but the words mean nothing if they can't find a job.
Our economic development strategy in South Carolina cannot be complete without agriculture and tourism. We have to do everything possible to help our farmers withstand the onslaughts of the marketplace. I have created a task force composed of some top business and agricultural experts to look at the future of farming and I've asked them to develop a strategic plan by September. Agriculture Commissioner Les Tindal has agreed to chair this panel.
Another important component of our economic base is tourism, our second largest industry in the State of South Carolina. I am pleased to report to you that the highway oversight committee is generally in agreement that the Myrtle Beach connector is the number one priority for the new highways in South Carolina.
The noted scientist, Wernher Von Braun, described earth as a solitary spaceship with billions of astronauts on board who are using up its resources without replacing them. That's a pretty good description of our beachfront management crisis in the State of South Carolina. You have the Blue Ribbon Committee's report and I ask you to deal firmly with this matter while we still have beachfronts to manage.
We all know the overall quality of life is part of economic development. Our State's cultural climate must continue to progress and I ask you to maintain our commitment to the arts, which includes funding the State Museum at a level that will allow it to open.
These proposals are important: They will build on the foundation that we laid last year. They will create opportunities for our people.
But there's another urgent matter facing us. Let me give you two statistics: one of every five South Carolinians has no more than an eighth grade education. Forty-three percent of our people over the age of 18 have not completed high school.
The consequences in human terms are staggering. There are tens of thousands of people whose only lifeline is constant dependency on a welfare system that is not only financially strapped, but personally dehumanizing.
There's another group of South Carolinians we don't talk about very much. A recent magazine article called them "the hidden poor". They're the people who have jobs, but because of limited education and job skills, have reached their limits of earning potential. They constantly live on the margins: working, paying taxes, providing for their families as best they can... but always one step away from financial disaster.
That's the human side; the economic side is equally troublesome. South Carolina is enjoying great success. Yet within the past year our state has lost opportunities because of the skill level of our work force. Let me give you two specific examples: a firm looked closely at one of our urban centers for its national research and development complex. But it went elsewhere primarily because of the quantity and quality of technical personnel available. In a rural community in our State, a major company did not expand an existing facility because of the high illiteracy rate in the surrounding area. Ladies and gentlemen, this is a problem our State must face.
Our challenge is to get ready for the future--to ensure that as new job opportunities arise, our work force is capable of filling them.
There are three basic problems with our adult literacy efforts. The first is funding. In the budget I presented to the Budget and Control Board, I recommended a million dollar increase for adult education and I ask you to approve it.
The second problem is a lack of statewide coordination and cooperation among the three basic providers of adult education services: The Department of Education, Technical Education and the Literacy Councils. In those areas of our State where the local providers choose to work together, they get things done. But that appears to be the exception and not the rule.
Third, there's a real problem with incentive. Many adults will not make the commitment to improve their basic skills unless they can see their efforts improving their standard of living. They care more about a good Job than a diploma. Sometimes I think we overlook that fact.
I am pleased to announce a program which more directly links adult training to jobs. It will not require legislation or state dollars.
I am creating by Executive Order the South Carolina Initiative On Work Force Excellence, which will solidify government and private business into a unified effort.
The strategy is simple. To focus our efforts on the work force, we've got to understand the educational skills that business and industry need. We must have a system which encourages them to tell us, and encourages those who need training to get it.
I will create a work force round table in each county composed of a broad spectrum of employers. We will use Federal JTPA money to place a work force specialist at each technical education facility in South Carolina. It will be the job of the specialist employed by Tec, along with the round table, to work with local employers in expanding work site basic skills training throughout the State of South Carolina. Under the guidance of the round table, the specialist will seek the cooperation of all literacy providers to forge a delivery program more effectively tying basic skills training directly to Jobs.
I call upon all literacy providers to pledge full support to this effort. We cannot afford turf battles because the problem is too urgent and the time is too short, ladies and gentlemen.
Education and economic development are inseparable. Education without job opportunity is folly; a good Job without education is impossible.
You have been presented with a proposed budget from the Budget and Control Board which will continue our push for excellence in public education. This budget more than doubles the General Fund increase for education; it fully funds the Education Finance Act; it raises school bus driver salaries because we need adult drivers; it buys new textbooks; it expands adult education. And it maintains the southeastern salary average for our teachers.
Your approval will again declare education the number one program and children the number one priority. This we can and we must do in this State.
This budget also recognizes that education doesn't stop at the 12th grade. Just as we must listen to the demands of the private sector regarding basic skills, so must we heed their demands for scientists and engineers and researchers. We haven't done a very good Job of doing that in recent years, and post-secondary education has suffered.
We need to do two things: Raise the funding level for both technical and higher education to 91 percent of the formula and support a major research initiative for our universities. I call upon the General Assembly to fund The Cutting Edge at a level that will inspire new research and sustain existing research. We must continue our efforts to reach the southeastern average in higher education salaries.
I've heard some say the education proposals we've sent upstairs are too costly. To them I say if you think education is expensive, consider the cost of ignorance.
The social programs of the last three decades have failed because they were based on the premise that you improve people by improving society. That led to a welfare system that perpetuates poverty and dependency. You don't improve people by improving society; you improve society by giving people the opportunity to improve themselves through education and Jobs.
We're beginning to acknowledge this in South Carolina with the private sector working with Social Services under Jim Solomon to get people off the welfare rolls and on the payrolls through the work support program. Every able-bodied South Carolinian should be required to further his or her education or seek a Job in exchange for receiving public assistance.
In this regard I've been working with the Department of Social Services and Commission on Aging on what I think is a partial answer: A pilot program in which senior citizens staff day care centers for teenage mothers on welfare. These young mothers will be required to learn Job skills or get an education to break the poverty cycle.
What better way to help young mothers than provide the love and experience of our senior citizens for their children? This helps the mothers, children and society. And it takes advantage of a wonderful pool of senior citizens who have so much to offer, if only we give them the chance. An ancient Jewish proverb says: "For the ignorant, old age is as winter; for the learned, it is a harvest". We've ignored the talents of our senior citizens too long; it's high time we utilized one of our most valuable resources.
A major health issue we must face up to is AIDS. I don't have any better answers than anybody else, but I do know that like other states, South Carolina has to dig in for a long siege. I have recommended a package that, with Federal matching money included, contains about four million dollars for medical and education programs. Education and research are our best weapons in the fight against AIDS. And we have to make sure we have the tools to fight with.
Somebody once said, "When I approach a child, he inspires me in two ways: tenderness for what he is, and respect for what he may become."
Some children in South Carolina have never known the tenderness and respect of a loving family. They were born into poverty, reared in deprivation and educated in the streets. They are among the least of society, with no high-paid lobbying firm or powerful constituency to protect their interests.
I'm talking about the children at the Department of Youth Services and I want to say something as bluntly as I know how: Our juvenile justice system in South Carolina is a disgrace. And it needs to have something done about it. You have that opportunity.
We're locking up truants with violent offenders. I've heard some say we have to teach them a lesson. The truth is we're just teaching them how to be criminals. The fact that about one-third of the inmates on South Carolina's Death Row experienced our juvenile justice system speaks volumes about the problem.
I don't favor changing our truancy law or going soft on juvenile crime. But I do say there's still hope while they're young. I am recommending an additional four million dollars to increase supervision at Youth Services and fund three more marine and wilderness institutes. These institutes take non-violent kids out of the institution and put them in programs where they can learn responsibility and discipline and skills. It's proven to be cheaper for the taxpayers and more successful for the children.
You and I have the power to give these kids a chance to become productive citizens. We'll either deal with them now, or we'll deal with them later when they become wards of the State on welfare or in prison. I say let's deal with them now!
There's another group of people we've ignored in this State: Law Enforcement Officers, the men and women who put their lives on the line for ours every day. They give a lot to our State and don't ask for much in return. It's one of the most underpaid professions that there is. I ask the General Assembly to recognize their efforts by passing legislation giving them retirement benefits after 25 years of service. They deserve it and we ought to give it to them.
One of our big concerns continues to be drug abuse. I created a strategic council last year that coordinated strategy to reduce the usage and distribution of dangerous drugs. The good news is that we will distribute two and a third million dollars in Federal funds to fight drugs in South Carolina. The bad news is that most of these Federal funds will dry up next year.
We'll be back next year with too many needs and not enough money. Nevertheless we must continue taking the fight against drugs to the streets against the pushers, and to the classrooms, where drug education and prevention hold the key to success. That is our obligation and responsibility.
It's also our responsibility to get the drunks off the road in South Carolina, ladies and gentlemen. We've had an unspoken policy in this State that it's okay to threaten the lives of others if you're in a car and drunk. 1987 was the second worst year in history for highway safety in South Carolina, and much of the carnage is because of drunks, drugs and disdain for the law. The Highway Safety Bill contains more than 40 provisions which, taken together, represent a historical effort by our State. It is urgent that we send a clear signal that South Carolina is fed up with misuse of our highways and I implore you to give swift action to a Bill that will protect our people.
Safer highways not only affect the health of our people, they affect their pocketbooks as well. You can bet we'll never get a handle on automobile insurance rates without better driving habits.
So the driving public has a responsibility if car insurance rates are to be lowered for good drivers, but so do the General Assembly and Governor of South Carolina. I am here tonight to say we will not rest nor cease our efforts until we break the back of the automobile insurance crisis in this State.
We took a first step last year with the passage of Act 166, which shifted more of the insurance losses to the bad drivers who are producing them. The Bill unfortunately was watered down by more than two dozen amendments and - sadly - has yet to take effect. In fact the major provisions of this Act were delayed by the Legislature and won't take effect until July of this year - more than a year after I signed it.
Despite these shortcomings, however, some good drivers in South Carolina will experience a slight rate reduction.
But I said last year and again tonight that Act 166 won't solve a problem that has evolved since 1974, the last time the General Assembly seriously dealt with automobile insurance.
I want to say something directly to those South Carolinians listening tonight who have clean driving records and don't understand why their rates continue to spiral. Did you know that you will pay 73 dollars per year per car to prop up those who aren't as safety conscious as you? It's because the State has in essence declared auto insurance to be a right instead of a privilege, extending to any person with a license regardless of his or her capacity to behave responsibly on the highways. In other words, we have insurance welfare.
I want to ask the driving public another question: Did you know that more civil lawsuits were filed last year in South Carolina than any other year in history? Suing each other seems to be one of our favorite pastimes in this State. As a matter of fact, our rate of litigation is about double that of Alabama, a state close to our size. In most instances, everyone loses except the lawyers.
So why do we have an auto insurance crisis today? We sue each other in courts too much, we run into each other on the highways too much and we demand that our insurance laws do too much. That's why we pay too much. I requested two Bills last year and I repeat my requests tonight.
I not only call upon the General Assembly to pass laws stopping the carnage on the highways, I implore you to pass tough tort reform to stop the carnage in the courtroom.
In addition, I am developing a package of substantive automobile insurance reform legislation which I will send up in a few days. This proposal piggybacks with Act 166 and I ask you to give it urgent consideration this year.
Many of the measures I've outlined tonight cost money and are included in the budget we proposed in the Budget and Control Board. It funds our basic needs and targets education as top priority without raising the taxes of the people of South Carolina. I know you'll want to make some changes, but I hope you'll join me in declaring that we'll stay committed to education, work within our means and won't raise taxes.
I am guardedly encouraged with the budget picture. Though we're not out of the woods yet, your support of my vetoes, along with the capital expenditure fund, gives us a reasonable chance of avoiding disruptive mid-year budgets cuts for only the third time in eight years.
I strongly encourage you to use only one revenue estimate in the legislative process and we must avoid at all costs funny money schemes and pie-in-the-sky programs we can't afford.
I told you last year that budget reform is critical to our State's stability, and I say it again tonight.
In this regard, I commend the Reorganization Commission and the Ways and Means Committee for moving forward toward a programmatic budget. This is critical to ferret out waste and mismanagement in the bureaucracy.
The General Assembly wisely created the Legislative Audit Council several years ago to be a watchdog over state agencies. The Council has done an outstanding job but, as The Columbia Record recently pointed out, "Some of these meaty findings have gone the way of many other government reports: They have been shelved and forgotten."
I commend Senator Drummond and Representative Kirsh for a Bill to determine whether the agencies are making efforts to comply with the Council's findings. State agencies should not be allowed to thumb their noses at the chief investigative arm of the General Assembly. It's called accountability and we need a little bit more of it in State government.
I would respectfully request one other thing of you tonight: I'm asking you to cap the general reserve and capital expenditure funds at five percent. We need both funds but we cannot expect our people to pay taxes to a government that saves a higher percentage of income than they do.
A five percent savings account is enough. The excess should go to education and a five percent pay raise for our long-neglected state employees.
I've outlined programs and strategies this evening which have one common purpose: to provide opportunity for our people. Everything I've talked about will affect our children more than our generation. Keeping education on track, creating jobs, responsibly managing our resources - it is all cumulative, with the greatest impact on generations yet to come.
Government cannot be held responsible for giving our children a secure future, but we are obligated to give them a sound foundation on which to build their own futures.
But let us not do it out of obligation, but love for our children.
The story is told of the well-to-do man being driven through a blighted inner city neighborhood. He was repulsed by the sight of some poor, dirty children playing in the street and said so. The taxi driver rebuked him: "You see," he said, "The child's mother loves her child but doesn't hate the dirt. You hate the dirt but you don't love the child. Until love for the child and hate for the dirt get into the same heart," he explained, "the poor child remains just about as he is."
Let us all, therefore, hate everything that crushes ambition and limits opportunity, and let us love our children enough to do whatever is necessary to help them help themselves.
Thank you and God bless you.
Upon the conclusion of his address, Governor Campbell and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 7:44 P.M. the House resumed, the SPEAKER in the Chair.
Rep. BLACKWELL moved that the House do now adjourn which was adopted.
At 7:45 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 10:00 A.M. tomorrow.
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Tuesday, June 30, 2009 at 1:37 P.M.