Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Heavenly Father, for the many manifestations of Yourself in the world all around: for sunshine and rain, for harvest fields and everlasting hills, for flowers and stately hills, for streams and lakes and seas. Enable us to absorb the magnificent beauty of these and realize that therein is abundant proof of Your love for us.
Help us to fashion our lives with so much gratitude to God that all our doings may be a symphony of praise. May failures quicken our determination, pain spur us to search for health and healing, unfulfilled hopes anchor us closer to our God.
In the Name of Jesus we pray. Amen.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The S.C. Air National Guard Flag Team was presented to the House of Representatives and performed its patriotic flag ceremony.
The House was then led in the Pledge of Allegiance to the Flag of the United States of America by the S.C. Air National Guard Flag Team.
The following were received.
February 9, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 9, 1988 regulations concerning Surplus Property Management from the State Budget and Control Board.
They are hereby referred to the Committee on Ways and Means for consideration.
Sincerely,
Robert J. Sheheen
February 10, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 10, 1988 regulations concerning Fire Safety: Existing Local Detention Facilities from the State Budget and Control Board.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
February 10, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 10, 1988 regulations concerning Fire Safety: Construction and Operation of Local Detention Facilities from the State Budget and Control Board.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
February 10, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 10, 1988 regulations concerning Tents, Grandstands and Air-Supported Structures from the State Budget and Control Board.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
February 10, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 10, 1988 regulations concerning Service Stations from the State Budget and Control Board.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
February 10, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 10, 1988 regulations concerning Governing the Consumption, Possession and Selling of Alcoholic Beverages from the Alcoholic Beverage Control Commission.
They are hereby referred to the Committee on Judiciary for consideration.
Sincerely,
Robert J. Sheheen
February 10, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 10, 1988 regulations concerning Use of Hazardous Substances from the State Budget and Control Board.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
February 10, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 10, 1988 regulations concerning Fire Prevention and Life Safety - Building from the State Budget and Control Board.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was introduced:
H. 3748 -- Reps. Wells, Davenport, Petty and McGinnis: A CONCURRENT RESOLUTION TO COMMEND PASTOR HOUSTON MILES AND THE MEMBERS OF EVANGEL CATHEDRAL OF SPARTANBURG COUNTY FOR THEIR MANY MEANINGFUL CONTRIBUTIONS TO THE RELIGIOUS, CULTURAL, AND SOCIAL LIFE OF THEIR COMMUNITY AND TO CONGRATULATE THEM FOR THE CONSTRUCTION OF THE BEAUTIFUL AND IMPRESSIVE CATHEDRAL TO BE DEDICATED FEBRUARY 21, 1988.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3749 -- Reps. T.M. Burriss, Sturkie, J.H. Burriss, Beasley, E.B. McLeod and Humphries: A BILL TO AMEND SECTION 25 S. (1), PART II, ACT 170 OF 1987, THE GENERAL APPROPRIATIONS ACT, RELATING TO THE EXTENSION OF THE FILING DEADLINE FOR THE INVENTORY TAX EXEMPTION FOR 1987, SO AS TO EXTEND THE DEADLINE FROM SEPTEMBER 30, 1987, UNTIL DECEMBER 31, 1987.
Referred to Committee on Ways and Means.
H. 3750 -- Rep. T.M. Burriss: A JOINT RESOLUTION TO PROVIDE FOR THE RECOMPUTATION OF THE AVERAGE FINAL COMPENSATION OF CERTAIN STATE EMPLOYEES WHO SERVED UNDER CONTRACT AND WHO RETIRED DURING FISCAL YEAR 1985-86.
Referred to Committee on Ways and Means.
H. 3751 -- Reps. T.M. Burriss and Dangerfield: A BILL TO AMEND SECTION 34-27-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL AND SPECIAL MEETINGS OF CREDIT UNIONS, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR SPECIAL MEETINGS OF CREDIT UNIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3752 -- Reps. M.D. Burriss, J. Bradley, Humphries, Kirsh, Felder, T. Rogers, Davenport, Harvin, Rhoad, Petty, McGinnis and Day: A BILL TO AMEND CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF DOGS AND OTHER DOMESTIC PETS, BY ADDING ARTICLE 11 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY AND MALICIOUSLY TAUNT, TEASE, PHYSICALLY ABUSE, INTERFERE OR MEDDLE WITH, OR TO INJURE OR KILL A DOG USED BY A LAW ENFORCEMENT DEPARTMENT OR AGENCY IN THE PERFORMANCE OF THE FUNCTIONS OR DUTIES OF THE DEPARTMENT OR AGENCY OR WHEN PLACED IN A KENNEL OFF DUTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
The following was introduced:
H. 3753 -- Reps. Washington, White, Whipper, Taylor, McBride, Elliott, T. Rogers, Sheheen, Gilbert, Beasley, Faber, J. Brown, Holt, Lewis, Kirsh, Williams, Keyserling, McAbee, Foster, Ferguson, Dangerfield, McLellan, Huff, Carnell, Chamblee and D. Martin: A CONCURRENT RESOLUTION TO REAFFIRM THE COMMITMENT OF THE GENERAL ASSEMBLY TO EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES IN STATE GOVERNMENT AND TO REQUEST STATE AGENCIES TO CONTINUE AND RENEW THEIR EFFORTS TOWARD THIS COMMITMENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3754 -- Reps. Gentry, Waldrop, McAbee, 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, 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, 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, Townsend, Tucker, 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 EUGENE SLIGH BLEASE OF SALUDA, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Dangerfield Davenport Day Derrick Elliott Faber Fair Foster Foxworth Gentry Gilbert Harris, J. Harris, P. Harvin Hayes Hearn Helmly Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lanford Mappus Martin, D. Martin, L. McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Shelton Short Snow Taylor Thrailkill Tucker Waldrop Washington Wells Whipper Wilder Wilkins Williams
I came in after the roll call and was present for the Session on February 11, 1988.
Woody McKay Ed Simpson B.L. Hendricks J.D. Cole Juanita M. White Terry Haskins John H. Burriss Robert A. Kohn John G. Felder Gene Stoddard C. Lenoir Sturkie Philip T. Bradley Tee Ferguson Jack Gregory T.W. Edwards Ken Bailey Larry Koon Roland S. Corning James E. Lockemy E. Crosby Lewis
STATEMENT OF ATTENDANCE
Rep. J. BRADLEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 10, 1988.
The SPEAKER granted Reps. TOWNSEND, MATTOS and WINSTEAD a leave of absence for the day.
Rep. BLANDING moved to adjourn debate upon the following Bill until Tuesday, February 16, which was adopted.
H. 3714 -- Reps. E.B. McLeod and Blanding: A BILL TO AMEND SECTION 7-7-501, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE THESE PRECINCTS, AND TO AMEND SECTION 7-7-502, RELATING TO THE VOTING PLACES IN SUMTER COUNTY, SO AS TO REVISE THESE VOTING PLACES.
The following Bill was taken up.
H. 3733 -- Rep. P. Bradley: A BILL TO PROVIDE FOR AN ADVISORY REFERENDUM TO DETERMINE IF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WISH TO GIVE ITS BOARD OF TRUSTEES UNLIMITED TAXING AUTHORITY.
Rep. WILKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3423 -- Reps. Elliott, Pearce, Barfield and Thrailkill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2865 SO AS TO ESTABLISH VEREEN MEMORIAL HISTORICAL GARDENS IN HORRY COUNTY AS A WILDLIFE SANCTUARY AND TO PROVIDE A PENALTY FOR VIOLATIONS.
H. 3405 -- Rep. Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1250, SO AS TO ALLOW A STATE CORPORATE INCOME TAX CREDIT FOR CORPORATE CONTRIBUTIONS FOR INFRASTRUCTURE CONSTRUCTION OR IMPROVEMENT, TO LIMIT THE CREDIT TO FIFTY PERCENT OF THE EXPENSES, NOT TO EXCEED FIFTEEN THOUSAND DOLLARS, TO ALLOW A THREE-YEAR CARRY FORWARD OF UNUSED CREDIT, AND TO DEFINE INFRASTRUCTURE AS SEWER LINES, WATER LINES, RELATED FACILITIES, AND ROADS NOT FOR THE TAXPAYER'S EXCLUSIVE BENEFIT, BUILT TO APPROPRIATE STANDARDS, AND DEDICATED TO PUBLIC USE.
H. 3451 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 87 SO AS TO PROVIDE FOR THE REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS AUTHORIZED UNDER THE FEDERAL LIABILITY RISK RETENTION ACT OF 1986, INCLUDING THE PROVISION OF CERTAIN PENALTIES.
Rep. J. BRADLEY explained the Bill.
H. 3688 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ESTABLISHMENT OF RATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 918, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. J. BRADLEY explained the Joint Resolution.
H. 3689 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO FILING OF MALPRACTICE INSURANCE CLAIMS WITH CHIEF INSURANCE COMMISSIONER, DESIGNATED AS REGULATION DOCUMENT NUMBER 919, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3690 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO FILING OF CLAIMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 920, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3691 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO BOARD OF DIRECTORS OF ASSOCIATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 921, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1082 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-61-20, 38-71-310, AND 38-71-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF INSURANCE POLICY CONTRACT FORMS GENERALLY BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE STANDARDS FOR FORM APPROVAL, AND TO PROVIDE FOR EXEMPTION FROM FORM APPROVAL.
S. 1084 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF AN INDIVIDUAL LIFE INSURANCE POLICY FOR A MARRIED INDIVIDUAL AND CHILDREN FROM CLAIMS OF CREDITORS AND TO AMEND SECTION 38-65-90, RELATING TO THE PROTECTION OF A GROUP LIFE INSURANCE POLICY FOR A MARRIED INDIVIDUAL AND CHILDREN FROM CLAIMS OF CREDITORS, SO AS TO INCREASE THE MAXIMUM AMOUNT OF LIFE INSURANCE COVERED BY THESE SECTIONS FROM TWENTY-FIVE THOUSAND TO FIFTY THOUSAND DOLLARS AND TO REMOVE THE PROTECTION PROVIDED FOR A MARRIED INDIVIDUAL AND CHILDREN IN THESE SECTIONS WHEN THE POLICY WAS OBTAINED WITH THE INTENT TO DEFRAUD CREDITORS OR THE CREDITOR OR REPRESENTATIVE POSSESSES A VALID ASSIGNMENT OF THE CASH SURRENDER VALUE OF THE POLICY FROM THE POLICYHOLDER ON A SEPARATE FORM.
Rep. J. BRADLEY explained the Bill.
S. 1091 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-1-20, 38-9-100, 38-25-540, 38-25-550, 38-45-20, 38-45-30, 38-45-90, 38-45-110, 38-75-710, AND 38-75-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO DEFINE "ADMITTED INSURER", "ELIGIBLE SURPLUS LINES INSURER", "NONADMITTED INSURER", AND "SURPLUS LINES INSURANCE" AND TO REGULATE THEIR USE AND ACTIVITIES, AND TO CHANGE PROVISIONS RELATING TO SECURITY DEPOSITS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-45-160 AND 38-45-170 SO AS TO REGULATE POLICY FEES CHARGED BY BROKERS AND TO PROVIDE FOR THE APPOINTMENT OF THE CHIEF INSURANCE COMMISSIONER AS TRUE AND LAWFUL ATTORNEY FOR SERVICE OF PROCESS FOR ELIGIBLE SURPLUS LINES INSURERS.
S. 1092 -- Banking and Insurance Committee: A BILL TO REPEAL SECTION 38-57-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST GROUP PROPERTY, MARINE, CASUALTY, OR SURETY INSURANCE.
Rep. J. BRADLEY explained the Bill.
S. 1076 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITAL AND SURPLUS REQUIREMENTS OF STOCK INSURERS, AND SECTION 38-9-20, RELATING TO THE SURPLUS REQUIREMENTS OF MUTUAL INSURERS, SO AS TO INCREASE THE AMOUNT OF THE REQUIREMENTS; AND TO AMEND SECTION 38-9-30, RELATING TO THE INSURERS SUBJECT TO THE REQUIREMENTS, AND SECTION 38-9-50, RELATING TO THE RESTRICTIONS ON INSURERS WHO FAIL TO MEET THE REQUIREMENTS, SO AS TO REVISE THE DATES UPON WHICH THE RESTRICTIONS AND REQUIREMENTS TAKE EFFECT.
Rep. J. BRADLEY explained the Bill.
S. 1089 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-79-110, 38-79-120, AND 38-79-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO EXCLUDE HOMEOWNERS AND FARMOWNERS LIABILITY FROM NET DIRECT PREMIUMS OF THE ASSOCIATION.
Rep. J. BRADLEY explained the Bill.
On motion of Rep. PEARCE, with unanimous consent, it was ordered that H. 3423 be read the third time tomorrow.
On motion of Rep. BAKER, with unanimous consent, it was ordered that H. 3405 be read the third time tomorrow.
Rep. J. BRADLEY asked unanimous consent that H. 3451 be read a third time tomorrow.
Rep. KLAPMAN objected.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that H. 3688 be read the third time tomorrow.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that H. 3689 be read the third time tomorrow.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that H. 3690 be read the third time tomorrow.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that H. 3691 be read the third time tomorrow.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that S. 1082 be read the third time tomorrow.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that S. 1084 be read the third time tomorrow.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that S. 1091 be read the third time tomorrow.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that S. 1092 be read the third time tomorrow.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that S. 1076 be read the third time tomorrow.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that S. 1089 be read the third time tomorrow.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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.
H. 2148 -- Rep. Harvin: A BILL TO PROVIDE FOR A PRISONER OF WAR COMMISSION ATTACHED TO THE DEPARTMENT OF VETERANS' AFFAIRS FOR LOGISTICS AND STAFF ONLY AND TO DEFINE ITS POWERS AND DUTIES.
H. 3304 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 52-17-20, 52-17-30, AND 52-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO, SO AS TO TRANSFER THE LICENSING FUNCTIONS OF THE SECRETARY OF STATE IN REGARD TO BINGO TO THE SOUTH CAROLINA TAX COMMISSION.
H. 3628 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO PHARMACIST-IN- CHARGE REQUIRED; RESPONSIBILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 851, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3629 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO DEFINITIONS, APPLICATION FOR EXAMINATION, LICENSURE BY RECIPROCITY, PHARMACY INTERNSHIP CERTIFICATE, SITE OF PROGRAM ACCEPTABLE FOR PRACTICAL EXPERIENCE, PHARMACIST CONSULTANT REQUIRED - RESPONSIBILITIES, MINIMUM STANDARDS OF TECHNICAL EQUIPMENT FOR PRESCRIPTION DEPARTMENTS, PRESCRIPTION RECORDS, AND CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3630 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO APPLICATION FOR APPROVAL TO OPERATE A SCHOOL, MINIMUM EQUIPMENT REQUIRED, AND CURRICULUM FOR A SCHOOL OF COSMETOLOGY, MANICURE, OR ESTHETICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 833, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3379 -- Rep. Hayes: A BILL TO AMEND SECTION 12-7-2240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX REFUNDS AND THE RETENTION OF REFUNDS UNDER CERTAIN CONDITIONS, SO AS TO PROVIDE THAT UPON REQUEST FROM AN EDUCATIONAL INSTITUTION, THE TAX COMMISSION SHALL SEND TO IT THE HOME ADDRESS, CORRECTED SOCIAL SECURITY NUMBER, OR ADDITIONAL SOCIAL SECURITY NUMBERS, IF MORE THAN ONE IS USED, OF ANY TAXPAYER WHOSE NAME HAS BEEN SUBMITTED TO THE COMMISSION BY THE EDUCATIONAL INSTITUTION FOR DEFAULTING ON AN EDUCATIONAL LOAN.
H. 3457 -- Rep. 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 PROVIDE THAT BATTERIES AND CORDS FOR HEARING AIDS AS WELL AS THE HEARING AIDS ARE EXEMPT FROM THE SALES TAX.
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.
The following Bill was taken up.
H. 3458 -- Rep. McLellan: A BILL TO AMEND CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING ARTICLE 9 SO AS TO ESTABLISH A STATE EMPLOYEE LEAVE-TRANSFER PROGRAM WHEREBY SICK LEAVE OR ANNUAL LEAVE OF AN EMPLOYEE OF A STATE AGENCY MAY BE TRANSFERRED FOR USE BY ANOTHER EMPLOYEE OF THAT AGENCY IN CASES OF PERSONAL EMERGENCY.
Reps. DAVENPORT, FOXWORTH and J. BRADLEY objected to the Bill.
The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 984 -- Senators J. Verne Smith, Bryan, Mitchell, Stilwell, Thomas, Setzler, Powell, Drummond, Wilson, Hinson, Giese and Shealy: A JOINT RESOLUTION TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO EXTEND UNTIL MARCH 15, 1988, THE DEADLINE FOR APPEALING THE REASSESSMENT OF A PERSON'S AD VALOREM PROPERTY TAXES FOR TAX YEAR 1987 ONLY.
S. 1068 -- Senator Powell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2615 SO AS TO MAKE LAKE SECESSION IN ABBEVILLE COUNTY A WILDLIFE SANCTUARY AND TO PROVIDE PENALTIES.
The following Bill was taken up.
S. 732 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENDING THE TIME WITHIN WHICH CERTAIN PERSONS UNDER DISABILITY MAY BRING A CIVIL ACTION, SO AS TO PROVIDE THAT AN ACTION ACCRUING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT IS NOT SO EXTENDED; SECTION 15-78-20, AS AMENDED, RELATING TO LEGISLATIVE FINDINGS REGARDING THE TORT CLAIMS ACT, SO AS TO FURTHER DELINEATE WHEN THE DOCTRINE OF SOVEREIGN IMMUNITY IS REINSTATED FOR GOVERNMENTAL ENTITIES AND TO PROVIDE FOR ADDITIONAL LEGISLATIVE FINDINGS IN REGARD TO BRINGING GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS UNDER THE PROVISIONS OF THE ACT; SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY"; SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO RECREATIONAL AREAS, ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD, AND GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 15-78-70, RELATING TO THE LIABILITY FOR AN ACT OF A GOVERNMENT EMPLOYEE, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTIONS 15-78-100 AND 15-78-110, RELATING TO WHEN AN ACTION UNDER THE TORT CLAIMS ACT MUST BE INSTITUTED, SO AS TO FURTHER PROVIDE FOR THIS TIME; SECTION 15-78-120, RELATING TO LIMITATIONS ON THE AMOUNT OF RECOVERY, SO AS TO FURTHER PROVIDE FOR THESE LIMITATIONS AND TO INCREASE THESE LIMITATIONS IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 59-67-710, AS AMENDED, RELATING TO CONTRACTS OF INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE BENEFITS AND LIMITS OF LIABILITY THEREON, SO AS TO FURTHER PROVIDE FOR THESE LIMITS AND LIABILITY; AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING OF CERTAIN CLAIMS UNDER THE TORT CLAIMS ACT MUST BE COMPUTED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0454J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 15-78-20 of the 1976 Code is amended by adding:
"(g) The General Assembly recognizes the competing interests of either providing physicians and dentists qualified immunity under the provisions of the South Carolina Tort Claims Act or continuing unqualified liability for medical malpractice actions brought against governmentally employed physicians or dentists. While patients deserve accountable and competent health care, regardless of the public or private character of the provider, governmental entities, in order to attract qualified physicians and dentists, must be able to offer an affordable compensation and employment package, including liability insurance. The General Assembly, in amending this chapter, intends to provide an orderly transition from noninclusion to inclusion of physicians and dentists under the provisions of this chapter. Additionally, the liability limits, and, hence, mandated insurance coverage, of governmental entities for acts of physicians or dentists, acting within the scope of their profession, are set somewhat higher than those provided for other types of governmental liability. These higher limits and mandated coverages are recognition by the General Assembly of significantly higher damages in cases of medical malpractice."
SECTION 2. Section 15-78-30(c) of the 1976 Code is amended to read:
"(c) 'Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in any official capacity the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof of the State. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the The provisions of this section shall in no way shall limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid or expected to be paid at the time of the the services from any source other than the salary appropriated by the governmental entity."
SECTION 3. Section 15-78-30(i) of the 1976 Code is amended to read:
"(i) 'Scope of official duty' or 'scope of state employment' means (1) acting in and about the official business of a governmental entity and (2) performing official duties."
SECTION 4. Section 15-78-60(a)(15) of the 1976 Code is amended to read:
"(15) absence, condition, or malfunction of any sign, signal, warning device, illumination device, guardrail, or median barrier unless the absence, condition, or malfunction is not corrected by the governmental entity responsible for its maintenance within a reasonable time after actual or constructive notice. Governmental entities are not liable for the removal or destruction of signs, signals, warning devices, guardrails, or median barriers by third parties except on failure of the political subdivision to correct them within a reasonable time after actual or constructive notice. Nothing herein in this item gives rise to liability arising from a failure of any governmental entity to initially place any of the above signs, signals, warning devices, guardrails, or median barriers when the failure is the result of a discretionary act of the governmental entity. The signs, signals, warning devices, guardrails, or median barriers referred to herein in this item are those used in connection with hazards normally connected with the use of public ways and do not apply to the duty to warn of special conditions such as excavations, dredging, or public way construction. Governmental entities are not liable for the design of highways and other public ways. Governmental entitles are not liable for loss on public ways under construction when the entity is protected by an indemnity bond or by liability insurance naming the entity as an additional insured provided by the party performing the construction. If a governmental entity permits a third party to encroach in, on, under, or above a highway, road, street, causeway, bridge, or other public way, either temporarily or permanently, the governmental entity may require the third party to provide liability insurance naming the governmental entity as an additional insured. Insurance policies which name a governmental entity as an additional insured shall not contain an aggregate limit for property damage, personal injury, or bodily injury. Governmental entities responsible for maintaining highways, roads, streets, causeways, bridges, or other public ways are not liable for loss arising out of a defect or a condition in, on, under, or overhanging a highway, road, street, causeway, bridge, or other public way caused by a third party unless the defect or condition is not corrected by the particular governmental entity responsible for the maintenance within a reasonable time after actual or constructive notice. Governmental entities are not liable for the design of highways and other public ways;"
SECTION 5. Section 15-78-60(a)(19) of the 1976 Code is further amended to read:
"(19) emergency preparedness activities and activities of the South Carolina National Guard and South Carolina State Guard while engaged in state or federal training or duty. This exemption does not apply to vehicular accidents;"
SECTION 6. Section 15-78-70(c) of the 1976 Code is amended to read:
"(c) A person, when bringing an action against a governmental entity under the provisions of this chapter, must shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that If the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant;. provided, however, that the The provisions of this section shall in no way shall limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity."
SECTION 7. Section 15-78-100(a) of the 1976 Code is amended to read:
"(a) An action for damages under this chapter may be instituted at any time within two years after the loss cause of action was or should have been discovered. Provided, that if If a claim for damages was filed and disallowed or rejected, an action for damages filed under this chapter, based upon the same occurrence as the claim, may be instituted within three years after the loss cause of action was or should have been discovered."
SECTION 8. Section 15-78-110 of the 1976 Code is amended to read:
"Section 15-78-110. Any An action brought pursuant to this chapter is forever barred unless an action is commenced within two years after the date the loss cause of action was or should have been discovered; provided, that if. If the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss cause of action was or should have been discovered."
SECTION 9. Section 15-78-120(a) of the 1976 Code is amended to read:
"(a) For any action or claim for damages brought under the provisions of this chapter, the liability shall may not exceed the following limits:
(1) No Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought hereunder a sum exceeding two hundred fifty thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved; provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist.
(2) The Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single occurrence shall not exceed five hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved; provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist.
(3) No person may recover in any action or claim brought hereunder against any governmental entity and caused by the tort of any licensed physician or dentist employed by a governmental entity and acting within the scope of his profession a sum exceeding one million dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(4) The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity for any tort caused by any licensed physician or dentist employed by a governmental entity and acting within the scope of his profession may not exceed one million dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
(5) The provisions of Section 15-78-120(a)(3) and (4) in no way shall limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity."
SECTION 10. Section 59-67-710(3)(a) of the 1976 Code is further amended to read:
"(a) For any action or claim for damages brought under the provisions of Chapter 78, Title 15, the liability shall may not exceed the following limits:
(i) No Except as provided in Section 59-67-710(3) no person shall may recover in any action or claim brought hereunder for bodily injury or death a sum exceeding two hundred fifty thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(ii) The Except as provided in Section 59-67-710(3)(a)(iv), the total sum recovered hereunder arising out of a single occurrence shall may not exceed five hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved; provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist.
(iii) No person may recover in any action or claim brought hereunder against any governmental entity and caused by the tort of any licensed physician or dentist employed by a governmental entity and acting within the scope of his profession a sum exceeding one million dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(iv) The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity for any tort caused by any licensed physician or dentist employed by a governmental entity and acting within the scope of his profession may not exceed one million dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
(v) The provisions of Section 59-67-710(3)(a)(iii) and (iv) in no way shall limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity."
SECTION 11. This act takes effect upon approval by the Governor, and the provisions of this act apply only to those causes of action arising or accruing on or after the applicable effective date of this act.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. WILKINS proposed the following Amendment No. 2 (Doc. No. 1406J), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, by striking /loss cause of action/ as contained on line 10 of page 5, on lines 16 and 17 of page 5, on line 24 of page 5, and on line 30 of page 5, and inserting /loss/.
Amend the report further, as and if amended, by striking Section 11 as contained on page 8 and inserting:
/SECTION 11. This act takes effect upon approval by the Governor except that the provisions of Section 15-78-120(a)(3), (4) and (5) as contained in Section 9, and provisions of Section 59-67-710(3)(a)(iii), (iv) and (v) as contained in Section 10, take effect on January 1, 1989. The provisions of this act apply only to those causes of action arising or accruing on or after the applicable effective date of this act./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. WILKINS proposed the following Amendment No. 3 (Doc. No. 1736J), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, in Section 15-78-60 of the 1976 Code as contained in SECTION 4 by striking beginning on line 36 of page 3: /or by liability insurance naming the entity as an additional insured provided by the party performing the construction. If a governmental entity permits a third party to encroach in, on, under, or above a highway, road, street, causeway, bridge, or other public way, either temporarily or permanently, the governmental entity may require the third party to provide liability insurance naming the governmental entity as an additional insured. Insurance policies which name a governmental entity as an additional insured shall not contain an aggregate limit for property damage, personal injury, or bodily injury/.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WHIPPER moved to adjourn debate upon the following Bill until Wednesday, February 17, 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.
Rep. BLACKWELL moved to adjourn debate upon the following Bill until consideration of S. 546 on second reading, which was adopted.
H. 2734 -- Reps. Keyserling, T. Rogers, Shelton, White, Hearn, McTeer, Foxworth, Foster, Wilder, Sheheen, Rudnick, Whipper, Moss, Nesbitt, Helmly, Cork, Kirsh, H. Brown, Hayes, Hodges, Toal, Neilson, J. Rogers, Evatt, Washington and Dangerfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF- A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.
Rep. McLELLAN moved to adjourn debate upon the following Bill until Tuesday, February 16, which was adopted.
H. 2981 -- Reps. Edwards, Lewis, Winstead, P. Harris and McLellan: A BILL TO ESTABLISH THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1987 FOR THE PROTECTION OF THE GROUND WATERS OF THE STATE AND TO LEVY AN EXCISE TAX ON MOTOR FUELS TO PROVIDE FUNDING FOR CERTAIN CLEAN-UP FUNCTIONS.
The following Bill was taken up.
H. 3402 -- Reps. Wilkins, J.W. Johnson, Fair, H. Brown, Ferguson, Arthur, Tucker and Nettles: A BILL TO AMEND SECTIONS 16-1-10, AS AMENDED, 16-1-20, 16-3-210, 16-3-430, 16-3-730, 16-11-617, 16-5-10, 16-7-170, 16-9-320, 16-11-20, 16-11-125, 16-11-170, 16-11-510, 16-11-520, 16-11-560, 16-11-570, 16-13-110, 16-13-160, 16-13-180, 16-13-190, 16-13-200, 16-13-250, 16-13-260, 16-13-290, 16-13-320, 16-13-385, 16-15-130, 16-15-250, 16-17-410, 16-17-430, 16-21-10, 16-21-40, 16-21-60, 16-21-80, 16-21-130, 16-21-140, 16-23-260, 16-23-440, 17-25-20, AND 17-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES, SO AS TO REDEFINE "FELONY" AND "MISDEMEANOR", TO DESIGNATE NUMEROUS CRIMES STATUTORILY DESIGNATED "MISDEMEANORS" AS "FELONIES", TO ESTABLISH THE PENALTIES FOR CRIMES NOT STATUTORILY DESIGNATED AS FELONIES OR MISDEMEANORS, TO DELETE THE CRIMES UNNECESSARILY LISTED IN SECTION 16-1-10, TO REDUCE THE SENTENCE FOR CONVICTION OF LYNCHING IN THE FIRST DECREE AND DUELING FROM DEATH TO NOT LESS THAN THREE MONTHS TO NOT MORE THAN THIRTY YEARS, AND TO PROVIDE THAT CONVICTIONS OF CULTIVATION OF MARIJUANA OR RECEIVING STOLEN GOODS ARE FELONIES INSTEAD OF MISDEMEANORS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-3-621 AND 16-13-16 SO AS TO DEFINE THE FELONY OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE AND THE FELONY OF GRAND LARCENY; AND TO REPEAL SECTIONS 16-1-15, 16-1-30, 16-3-30, AND 16-3-40 OF THE 1976 CODE, SECTION 6 OF ACT 168 OF 1987, AND SECTION 8 OF ACT 16 OF 1987 RELATING TO CRIMES.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 10, by the Committee on Judiciary.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1095 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 11, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TITLE INSURANCE, BY ADDING SECTIONS 38-75-905 AND 38-75-920 THROUGH 38-75-1000 SO AS TO REGULATE MORE STRINGENTLY THE TITLE INSURANCE BUSINESS IN THIS STATE.
Rep. J. BRADLEY proposed the following Amendment No. 1, which was adopted.
Amend as and if amended on page 8 [1095-g], line 40 by striking /fifty/ and inserting /sixty/.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that S. 1095 be read the third time tomorrow.
Rep. McABEE moved to adjourn debate upon the following Bill until Tuesday, February 16, which was adopted.
H. 3356 -- Reps. Waldrop, J. Bradley, J. Brown, R. Brown, Carnell, Chamblee, Davenport, Elliott, Felder, Ferguson, Harvin, Huff, McAbee, J.W. McLeod, Moss, White, Wilder, Winstead, Wells, Cole, Stoddard, P. Bradley, Rice, Lanford and Clyborne: A BILL TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING RETIREMENT ALLOWANCES AND TO REDUCE FROM THIRTY TO TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR MEMBERS RETIRING AFTER JUNE 30, 1988, TO DELETE PROVISIONS RELATING TO REDUCTION OF BENEFITS FOR MEMBERS WITH TWENTY-FIVE YEARS' SERVICE RETIRING BEFORE AGE FIFTY-FIVE, AND TO PROVIDE FOR INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO COVER THE ACTUARIAL COST OF THE ADDITIONAL BENEFITS.
Rep. L. PHILLIPS moved to adjourn debate upon the following Bill until Wednesday, February 17, which was adopted.
S. 546 -- Senators Nell W. Smith, Garrison, Leatherman, Matthews, Waddell, Hayes and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.
Rep. E.B. McLEOD withdrew his objection to H. 3338.
Rep. DAVENPORT withdrew his objection to H. 2177.
On motion of Rep. KLAPMAN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.
H. 3730 -- Rep. McLellan: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER SURPLUS FUNDS RESULTING FROM REDUCTIONS IN AUTOMOBILE LIABILITY INSURANCE COSTS TO THE INSURANCE RESERVE FUND AND TO PROVIDE FOR THE USE OF THESE TRANSFERRED FUNDS.
Rep. HOLT, with unanimous consent, moved to reconsider the vote whereby debate was adjourned on the following Concurrent Resolution until Wednesday, February 17, which was agreed to.
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 Senate Amendments to the following Bill were taken up for consideration.
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.
Rep. KLAPMAN moved to adjourn debate upon the Senate Amendments, which was adopted.
Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3755 -- Reps. Huff, Sharpe, Rudnick, Pettigrew, Gentry and Jones: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO RENAME THE BRIDGE LOCATED AT THE INTERSECTION OF MARTINTOWN ROAD AND INTERSTATE 20 IN THE CITY OF NORTH AUGUSTA IN AIKEN COUNTY, THE "JOHN L. HIXON BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3756 -- Rep. Aydlette: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GOAT ISLAND, INC., IN CHARLESTON COUNTY.
On motion of Rep. AYDLETTE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3757 -- Rep. Aydlette: A BILL TO AMEND SECTION 59-67-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF SCHOOL BUS DRIVERS, SO AS TO PROVIDE THAT SCHOOL BUS DRIVERS MUST BE AT LEAST EIGHTEEN YEARS OF AGE AND TO ALLOW PRESENT DRIVERS WHO ARE UNDER EIGHTEEN YEARS OF AGE TO CONTINUE TO SERVE.
Referred to Committee on Education and Public Works.
H. 3758 -- Rep. Hodges: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1986, 1987, AND 1988 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1988.
Referred to Committee on Ways and Means.
H. 3759 -- Rep. J. Rogers: A BILL TO AMEND SECTION 12-21-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO BEER AND WINE TAXES, SO AS TO DEFINE THE TERM "COOLER BEVERAGES", AND TO AMEND ARTICLE 7, CHAPTER 21 OF TITLE 12, RELATING TO BEER AND WINE TAXES, BY ADDING SECTION 12-21-1025 SO AS TO PROVIDE FOR THE TAXATION OF "COOLER BEVERAGES".
Referred to Committee on Ways and Means.
On motion of Rep. AYDLETTE, with unanimous consent, it was ordered that H. 3756 be read the second and third times the next two successive legislative days.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, February 16, which was adopted.
H. 2136 -- Reps. J. Bradley, J. Brown, Hawkins, Keyserling, Kohn, McLellan, J. Rogers, Sharpe, Waldrop, Petty, McGinnis, J.H. Burriss and Kirsh: A BILL TO AMEND SECTION 23-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHOLESALE, RETAIL, AND JOBBERS' LICENSES TO SELL FIREWORKS, SO AS TO FURTHER PROVIDE FOR THE ISSUANCE OF THESE LICENSES AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH RETAIL LICENSES ARE APPROVED; AND TO AMEND SECTION 40-56-10, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO PROVIDE THAT THE STATE FIRE MARSHAL RATHER THAN THE DIVISION OF GENERAL SERVICES SHALL SUPERVISE THE ENFORCEMENT OF THE LAWS AND REGULATIONS OF THE BOARD AND THE PERSONNEL NECESSARY TO CARRY OUT THE DUTIES OF THE BOARD.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
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.
H. 3520 -- Reps. Rudnick, Taylor, Ferguson, Klapman, Washington, Whipper, McBride, Thrailkill and Lanford: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
Rep. WILKINS explained the Bill.
H. 3737 -- Rep. McLellan: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO DELAY THE SUBMISSION OF ITS RECOMMENDATIONS ON ADDITIONAL CAPITAL IMPROVEMENT BOND AUTHORIZATIONS UNTIL MARCH 15, 1988.
On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 3737 be read the third time tomorrow.
The following Bill was taken up.
H. 2943 -- Rep. Kirsh: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 61 SO AS TO REQUIRE AN OUT-OF-STATE PRINCIPAL TO PAY COMMISSIONS OWED TO A SALES REPRESENTATIVE WITHIN A CERTAIN PERIOD AFTER A CONTRACT BETWEEN THEM IS TERMINATED, PROVIDE FOR CERTAIN PUNITIVE DAMAGES AND ATTORNEY'S FEES IF POST-TERMINATION COMMISSIONS ARE NOT PAID IN A TIMELY MANNER, PROVIDE FOR ATTORNEY'S FEES TO BE AWARDED AGAINST PERSONS BRINGING FRIVOLOUS ACTIONS, PROVIDE FOR PERSONAL JURISDICTION OVER CERTAIN NONRESIDENT PRINCIPALS, AND PROVIDE THAT ANY AGREEMENTS WHICH WAIVE ANY OF THE REQUIREMENTS OF THIS CHAPTER ARE VOID.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3461 -- Rep. Petty: A BILL TO AMEND SECTION 40-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO AUCTIONEERS, SO AS TO DEFINE "ESTATE" AUCTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-6-156 SO AS TO PROHIBIT THE SALE AT AUCTION OF ANY PROPERTY OTHER THAN THE PROPERTY OF A SPECIFIED DECEASED PERSON OR THE PROPERTY OF A SPECIFIED LIVING PERSON'S ESTATE AT ANY AUCTION CONDUCTED OR ADVERTISED AS AN ESTATE SALE.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following was introduced:
H. 3760 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 546, RELATING TO HEALTH EDUCATION, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, FEBRUARY 17, 1988, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 546 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 546 be set by special order for second reading or other consideration on Wednesday, February 17, 1988, immediately following the call of the uncontested calendar and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 546 is given third reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
The Resolution was adopted.
The following was introduced:
H. 3761 -- Reps. Davenport, Petty, Edwards, Ferguson, Wells, McGinnis, Lanford and Cole: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE RALPH W. GREER, SR., OF UNION IN UNION COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up.
H. 3463 -- Rep. Petty: A BILL TO AMEND SECTION 40-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO AUCTIONEERS, SO AS TO DEFINE "ABSOLUTE AUCTION" AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-6-145 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO CONDUCT OR ADVERTISE THAT AN AUCTION IS "ABSOLUTE" IF MINIMUM OPENING BIDS ARE REQUIRED OR OTHER CONDITIONS ARE PLACED ON THE SALE WHICH LIMIT THE SALE OTHER THAN TO THE HIGHEST BIDDER.
Rep. PETTY explained the Bill.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3428 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 59-63-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE OF ATTENDANCE OF PUPILS, SO AS TO PERMIT A CHILD WHO HAS COMPLETED ONE YEAR OF KINDERGARTEN, WITHIN OR WITHOUT THIS STATE, TO ENTER THE FIRST GRADE.
Rep. J.C. JOHNSON explained the Bill.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 531 -- Education Committee: A BILL TO AMEND SECTION 59-25-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT AND DISMISSAL OF TEACHERS, SO AS TO DEFINE "TEACHER", FOR PURPOSES OF THIS SECTION, AS MEANING ALL EMPLOYEES POSSESSING A PROFESSIONAL CERTIFICATE ISSUED BY THE STATE DEPARTMENT OF EDUCATION, EXCEPT THOSE EMPLOYEES WORKING PURSUANT TO MULTI-YEAR CONTRACTS.
Rep. WELLS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3594 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTIVE CUSTODY OF CHILDREN, SO AS TO CHANGE THE TIME FOR THE HEARING TO BE HELD TO DETERMINE WHETHER CUSTODY MAY BE REMOVED.
Rep. WILKINS explained the Bill.
Rep. WHIPPER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3732 -- Reps. Felder, G. Brown, T. Rogers, Limehouse, Fair, P. Bradley, G. Bailey, Dangerfield, Edwards, L. Phillips, Short, Simpson, Gregory, Klapman, J. Rogers, Wilkins, Carnell, Hendricks, Huff, McAbee, Foster, Tucker and Baxley: A BILL TO AMEND SECTION 61-9-625, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPORTATION OF WINE INTO THIS STATE BEING LIMITED TO THE REGISTERED PRODUCER THEREOF AND THE REGISTRATION OF A PARTICULAR BRAND BEING AVAILABLE ONLY TO THE PRODUCER OR PRIMARY SOURCE OF SUPPLY, SO AS TO MAKE THE ABOVE PROVISIONS ALSO APPLICABLE TO BEER, ALE, PORTER, AND MALT BEVERAGES.
Rep. BLACKWELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 2, which was proposed on Thursday, February 4, by Rep. FAIR.
Rep. FAIR explained the amendment.
Rep. AYDLETTE objected to the Bill.
The following Bill was taken up.
H. 2177 -- Reps. Wilkins and Huff: A BILL TO AMEND SECTION 20-7-1370, CODE OF LaWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND TERMS OF JUDGES, SO AS TO INCREASE THE TERMS OF FAMILY COURT JUDGES FROM FOUR TO SIX YEARS.
Reps. M.O. ALEXANDER, TAYLOR and P. BRADLEY objected to the Bill.
The following Joint Resolution was taken up.
H. 3730 -- Rep. McLellan: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER SURPLUS FUNDS RESULTING FROM REDUCTIONS IN AUTOMOBILE LIABILITY INSURANCE COSTS TO THE INSURANCE RESERVE FUND AND TO PROVIDE FOR THE USE OF THESE TRANSFERRED FUNDS.
Rep. McLELLAN explained the Joint Resolution.
The Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 3730 be read the third time tomorrow.
Reps. O. PHILLIPS, DAY and ARTHUR, with unanimous consent, objected to the following Bill.
H. 2136 -- Reps. J. Bradley, J. Brown, Hawkins, Keyserling, Kohn, McLellan, J. Rogers, Sharpe, Waldrop, Petty, McGinnis, J.H. Burriss and Kirsh: a BILL TO AMEND SECTION 23-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHOLESALE, RETAIL, AND JOBBERS' LICENSES TO SELL FIREWORKS, SO AS TO FURTHER PROVIDE FOR THE ISSUANCE OF THESE LICENSES AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH RETAIL LICENSES ARE APPROVED; AND TO AMEND SECTION 40-56-10, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO PROVIDE THAT THE STATE FIRE MARSHAL RATHER THAN THE DIVISION OF GENERAL SERVICES SHALL SUPERVISE THE ENFORCEMENT OF THE LAWS AND REGULATIONS OF THE BOARD AND THE PERSONNEL NECESSARY TO CARRY OUT THE DUTIES OF THE BOARD.
The Senate Amendments to the following Bill were taken up for consideration.
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 Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
On motion of Rep. J. BRADLEY the House non-concurred in the Senate Amendments to the following Bill, and a message was ordered sent to the Senate accordingly.
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.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3144 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND CHAPTER 63 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VITAL STATISTICS, SO AS TO CLARIFY THE RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN THE REGISTRATION AND CERTIFICATION OF VITAL RECORDS; REQUIRE EACH INSTITUTION PROVIDING NURSING, CUSTODIAL, OR DOMICILIARY CARE TO ISSUE PERMITS AND REQUIRE THE CORONER OF EACH COUNTY TO ISSUE PERMITS FOR NONINSTITUTION DEATHS; DELETE CERTAIN PENALTY PROVISIONS WHICH ARE INCORPORATED INTO OTHER PROVISIONS OF CHAPTER 63; SPECIFY RESTRICTIONS ON THE ISSUANCE OF COPIES TO AUTHORIZED ENTITIES; CLARIFY THOSE ENTITLED TO THE SHORT FORM OR BIRTH CARD AND SPECIFY WHICH CODE SECTIONS GOVERN THE ESTABLISHMENT OF PATERNITY; ADD PROVISIONS TO PREVENT THE FRAUDULENT USE OF BIRTH CERTIFICATES OF DECEASED PERSONS AND PROVIDE A MECHANISM FOR MEMBERS OF A DECEASED PERSON'S FAMILY TO OBTAIN A COPY OF THE BIRTH CERTIFICATE; ADD PROVISIONS WHICH PROVIDE FOR THE ISSUANCE OF A CERTIFIED COPY OF A DEATH CERTIFICATE ONLY TO THOSE INDIVIDUALS WITH A DIRECT AND TANGIBLE INTEREST WHILE ALLOWING ACCESS TO THE OLDER RECORDS FOR GENEALOGICAL OR OTHER PURPOSES TO THE APPLICANT; ADD PROVISIONS TO SPECIFY ENTITLEMENT TO COPIES OF MARRIAGE AND DIVORCE RECORDS FILED WITH THE DEPARTMENT; PROVIDE THAT NO DELAYED BIRTH CERTIFICATE MAY BE REGISTERED FOR A DECEASED PERSON AND DELETE PROVISIONS WHICH DUPLICATE THIS PROVISION; PROVIDE THE CORRECT REFERENCES TO COVER ALL FEES CHARGED BY THE STATE REGISTRAR FOR SEARCHING, CERTIFYING, AND AMENDING INDIVIDUAL VITAL RECORDS; PROVIDE A PROCESS FOR FILING BIRTH CERTIFICATES WITH THE BUREAU OF VITAL STATISTICS FOR FOREIGN-BORN, ALIEN CHILDREN ADOPTED IN THIS STATE; CLARIFY RECOMMENDATIONS FOR CORRECTING MISTAKES IN BIRTH AND DEATH CERTIFICATES; CLARIFY THE PROCESS OF AMENDING THE BIRTH CERTIFICATE OF A CHILD WHOSE PARENTS MARRY AFTER THE CHILD'S BIRTH; GROUP ALL PENALTIES WITHIN ONE CODE SECTION; PROVIDE A PROCESS OF FILING OR AMENDING A BIRTH CERTIFICATE WHERE PATERNITY HAS BEEN DETERMINED PURSUANT TO AN ORDER OF THE FAMILY COURT; PROVIDE A PROCESS FOR ENTERING THE FATHER'S NAME ON A BIRTH CERTIFICATE BASED UPON PATERNITY ACKNOWLEDGMENT BY THE MOTHER AND PERSON TO BE NAMED AS THE FATHER; CLARIFY THE PROVISION FOR ESTABLISHING A DELAYED BIRTH CERTIFICATE AT A COUNTY HEALTH DEPARTMENT FOR A PERSON BORN PRIOR TO 1915; AND DELETE PROVISIONS WHICH TRANSFER RECORDS FROM THE CLERKS OF COURT TO THE COUNTY HEALTH DEPARTMENTS.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up.
H. 3458 -- Rep. McLellan: A BILL TO AMEND CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING ARTICLE 9 SO AS TO ESTABLISH A STATE EMPLOYEE LEAVE-TRANSFER PROGRAM WHEREBY SICK LEAVE OR ANNUAL LEAVE OF AN EMPLOYEE OF A STATE AGENCY MAY BE TRANSFERRED FOR USE BY ANOTHER EMPLOYEE OF THAT AGENCY IN CASES OF PERSONAL EMERGENCY.
Rep. J. BRADLEY moved to adjourn debate upon the Bill until Tuesday, February 23.
Rep. BLACKWELL moved to table the motion, which was agreed to.
Rep. FOXWORTH spoke against the Bill.
Rep. McLELLAN spoke in favor of the Bill.
The Bill was then read the third time and ordered sent to the Senate by a division vote of 80 to 9.
The following Concurrent Resolution was taken up.
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.
Rep. FOXWORTH moved to table the Concurrent Resolution, which was not agreed to.
Rep. HOLT moved to adjourn debate upon the Concurrent Resolution until Wednesday, February 17, which was adopted.
The motion period was dispensed with on motion of Rep. L. MARTIN.
Rep. BLACKWELL moved that the House recede subject to the call of the Chair, which was rejected.
The following Bill was taken up.
H. 2483 -- Labor, Commerce and Industry Committee: A BILL TO REQUIRE ALL EMPLOYERS TO ASSIST THEIR INSURERS OR CARRIERS IN PROCESSING CLAIMS ARISING UNDER TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, (THE WORKERS' COMPENSATION LAW) INCLUDING THE FILING OF A REPORT BY EMPLOYERS WITH THEIR INSURERS; TO REQUIRE AN INSURER OR SELF-INSURED EMPLOYER TO SEND NOTICE OF DENIAL OF A COMPENSABILITY CLAIM UNDER TITLE 42 TO EACH PROVIDER OF MEDICAL SERVICES AND TO ANY PROVIDER OF HEALTH INSURANCE FOR THE INJURED WORKER, AND PROVIDE FOR A PROCEDURE FOR RESOLVING THE SAME; TO PROVIDE A METHOD WHEREBY THE PARTIES WHO ARE IN DISAGREEMENT OVER THE COMPENSABILITY OF A CLAIM UNDER TITLE 42 MAY BY AGREEMENT MAKE A DISPOSITION OF THE CLAIM AS IS CONSIDERED REASONABLE; AND TO PROVIDE THAT "COMPENSATION" UNDER THIS ACT INCLUDES ALL BENEFITS, INCLUDING MEDICAL SERVICES, PROVIDED FOR A COMPENSABLE INJURY TO A SUBJECT WORKER OR THE WORKER'S BENEFICIARIES BY A DIRECT RESPONSIBILITY EMPLOYER.
Rep. L. MARTIN moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Bill was taken up.
H. 2484 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF THE STATE WORKERS' COMPENSATION FUND AND ITS DIRECTOR, SO AS TO, AMONG OTHER THINGS, DELETE THE PROVISION THAT THE DIRECTOR SERVES FOR A TERM OF SIX YEARS WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE THAT HE IS DIRECTLY RESPONSIBLE TO THE GOVERNOR WHO HAS THE POWER TO REMOVE HIM FOR CAUSE, REQUIRE THE DIRECTOR TO PROVIDE QUARTERLY MANAGEMENT REPORTS TO THE GOVERNOR, PROVIDE THAT THESE REPORTS ALSO MUST BE MADE AVAILABLE TO STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, WITH JURISDICTION, IF REQUESTED, AND REQUIRE THE DIRECTOR TO SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY ANNUALLY; AND TO AMEND SECTION 8-17-370, RELATING TO GROUPS EXEMPTED FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO INCLUDE THE ATTORNEYS OF THE STATE WORKERS' COMPENSATION FUND.
Rep. TOAL proposed the following Amendment No. 1, which was adopted.
Amend as and if amended by striking Section 2 of the Bill.
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
Rep. FELDER moved to adjourn debate upon the Bill until Tuesday, February 16.
Rep. L. MARTIN moved to table the motion to adjourn debate, which was not agreed to by a division vote of 23 to 43.
The question then recurred to the motion to adjourn debate upon the Bill until Tuesday, February 16, which was agreed to.
The following was received from the Senate.
Columbia, S.C., February 11, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2042:
H. 2042 -- Reps. Rudnick, Barfield, J. Bradley, J. Brown, M.D. Burriss, Hearn, Kirsh, Clyborne, Corning, P. Bradley, Haskins, Wells, McGinnis and Mappus: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PARKING IN HANDICAPPED PARKING PLACES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.
and asks for a Committee of Conference and has appointed Senators J. Verne Smith, Thomas E. Smith, Jr., and Stilwell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 51
Whereupon, the Chair appointed Reps. RUDNICK, AYDLETTE and KLAPMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., February 11, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Holland, Thomas E. Smith, Jr., and Hayes of the Committee of Free Conference on the part of the Senate on H. 2446:
H. 2446 -- Reps. Wilkins and Sheheen: A BILL TO AMEND SECTION 17-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING OF A DEFENDANT FOUND GUILTY BUT MENTALLY ILL, SO AS TO DELETE PROVISIONS ALLOWING THE COURT TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL; AND TO AMEND SECTION 17-24-20, RELATING TO THE REQUIREMENTS FOR VERDICTS OF GUILTY BUT MENTALLY ILL, SO AS TO PROHIBIT A COURT FROM ACCEPTING A PLEA OF GUILTY BUT MENTALLY ILL.
Very respectfully,
President
No. 51
Received as information.
The following was received.
Columbia, S.C., February 11, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 2446:
H. 2446 -- Reps. Wilkins and Sheheen: A BILL TO AMEND SECTION 17-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING OF A DEFENDANT FOUND GUILTY BUT MENTALLY ILL, SO AS TO DELETE PROVISIONS ALLOWING THE COURT TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL; AND TO AMEND SECTION 17-24-20, RELATING TO THE REQUIREMENTS FOR VERDICTS OF GUILTY BUT MENTALLY ILL, SO AS TO PROHIBIT A COURT FROM ACCEPTING A PLEA OF GUILTY BUT MENTALLY ILL.
and the report having been adopted by both Houses, has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 28
Received as information.
The following Bill was taken up.
H. 2536 -- Labor, Commerce and Industry Committee: A BILL TO PROHIBIT ANY ATTEMPT BY A PHYSICIAN OR OTHER PERSON CHARGED WITH RATING PHYSICAL IMPAIRMENTS UNDER THE WORKERS' COMPENSATION LAW (TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976) TO DEVISE OR DETERMINE, OR TO SUBSTITUTE FOR THE IMPAIRMENT RATING, A DISABILITY RATING; AND TO REQUIRE PHYSICAL IMPAIRMENT RATINGS TO FOLLOW AND BE IN ACCORDANCE WITH SOME COMPETENT AND RECOGNIZED STANDARD OR GUIDE FOR THE RATING OF IMPAIRMENTS AS PRESCRIBED BY THE WORKERS' COMPENSATION COMMISSION.
Rep. J. ROGERS moved to table the Bill.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bailey, K. Baxley Beasley Bennett Blanding Bradley, J. Chamblee Cooper Felder Ferguson Gordon Hayes Hodges Huff Johnson, J.C. Johnson, J.W. Jones Martin, D. McBride McEachin McTeer Nettles Phillips, O. Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Tucker Washington Whipper White Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Barfield Blackwell Boan Bradley, P. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Clyborne Cole Cork Corning Dangerfield Davenport Day Derrick Elliott Fair Foxworth Harris, J. Harvin Haskins Hearn Helmly Hendricks Humphries Kay Keyserling Koon Lanford Lewis Mappus Martin, L. McAbee McCain McGinnis McLellan McLeod, E.B. McLeod, J.W. Moss Neilson Pearce Pettigrew Petty Phillips, L. Rice Shelton Simpson Snow Sturkie Thrailkill Wells Wilder
So, the House refused to table the Bill.
Rep. L. MARTIN moved to adjourn debate upon the Bill.
Rep. WASHINGTON moved to continue the Bill.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bailey, K. Baxley Beasley Bennett Blanding Bradley, J. Brown, G. Burch Chamblee Cooper Felder Gilbert Gordon Harvin Hayes Hodges Huff Johnson, J.C. Johnson, J.W. Jones Klapman Martin, D. McEachin McTeer Nettles Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Tucker Washington Whipper White Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Barfield Blackwell Boan Bradley, P. Brown, R. Burriss, M.D. Carnell Clyborne Cole Cork Corning Dangerfield Davenport Day Derrick Elliott Foxworth Harris, J. Harris, P. Haskins Hearn Helmly Hendricks Humphries Kay Keyserling Koon Lanford Lewis Limehouse Mappus Martin, L. McAbee McGinnis McLellan Moss Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Shelton Simpson Snow Sturkie Thrailkill Wells Wilder
So, the House refused to continue the Bill.
The question then recurred to the motion to adjourn debate on the Bill until Tuesday, February 16.
On motion of Rep. FELDER the House receded subject to the call of the Chair.
Further proceedings were interrupted by the House receding, the pending question being consideration of the motion to adjourn debate on the Bill until Tuesday, February 16.
At 11:55 A.M. the House resumed, the SPEAKER in the Chair.
At 12:00 Noon 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 Senate read the following Concurrent Resolution:
H. 3679 -- Reps. Cooper, Foster, Klapman, Hayes, T.M. Burriss, Kirsh, Helmly, Williams, Nesbitt, Simpson, L. Martin, Hendricks, Kay and McLellan: A CONCURRENT RESOLUTION INVITING COLONEL CHARLES P. MURRAY, (USA-RETIRED), PRESIDENT OF THE CONGRESSIONAL MEDAL OF HONOR SOCIETY, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON, ON THURSDAY, FEBRUARY 11, 1988, AND INVITING SOUTH CAROLINA'S CONGRESSIONAL MEDAL OF HONOR RECIPIENTS TO BE GUESTS OF THE JOINT ASSEMBLY FOR THE OCCASION.
Colonel Charles P. Murray and distinguished party were escorted to the rostrum by Senators Waddell, Garrison and Fielding and Representatives WILLIAMS, KLAPMAN, COOPER, FOSTER and HELMLY.
The President of the Senate recognized Rep. FOSTER who introduced the honored guest as follows:
Rep. FOSTER: "Thank you, Mr. President. Please be seated. First of all I'd like to ask Representatives of districts that have Medal of Honor recipients to please join us as we make the presentations. Ladies and gentlemen of the Joint Assembly, it's a high honor and privilege today for us to recognize the special guests of South Carolina.
I must, first of all, indicate that the idea originated with Representative Dolly Cooper, who primarily is responsible for the recognition of Medal of Honor recipients today. So, he deserves much of the credit for what you see here. It's important also that I say that at least one of the persons here served with Dolly Cooper in the military, and a special guest that is here with us served with him in the military. So, it's a high honor and privilege for us to recognize these distinguished South Carolinians.
I'd like to read a brief statement of introduction regarding each of them and we'll ask them to please raise their hand as we recognize them so that you will know who they are and we'll ask, following the introductory remarks, for presentations individually to them by some of their representatives that are present here with us.
First of all, the Honorable Donald L. Truesdell, United States Marine Corps, Retired. Awarded the Medal of Honor for action while serving in the grade of corporal in the vicinity of Constancia, near Coco River, Nicaragua, on April 24, 1932. Then Corporal Truesdell was serving as second-in-command of a Guardia National Patrol in active operations against armed bandits, born and now lives in Lugoff, South Carolina, the Honorable Donald Truesdell.
The Honorable George L. Mabry, United States Army, Retired. Awarded the Medal of Honor for action in the Hurtgen Forest near Schevenhutte, Germany, on November 20, 1944. On that date, General Mabry was a Lieutenant Colonel and Commanding Officer of 2d Battalion, 8th Infantry, 4th Infantry Division. Born in Sumter and now lives in Columbia. The Honorable George L. Mabry.
The Honorable Charles P. Murray. United States Army, Retired. Awarded the Medal of Honor for action near Kaysersberg, France, on December 16, 1944. At the time of the action, Colonel Murray was serving as Commanding Officer, Company C, 30th Infantry, 3d Infantry Division, in grade of 1st lieutenant. Born in Baltimore, Maryland. Entered the military service from Wilmington, North Carolina. Now lives in Columbia. The Honorable Charles P. Murray.
The Honorable Francis S. Currey. Unites States Army. Awarded the Medal of Honor for action near Malmedy, Belgium, December 21, 1944, while serving as an automatic rifleman, Company K, 120th Infantry, 30th Infantry Division. Born Loch Sheldrake, New York. Now lives in Bonneau. The Honorable Francis S. Currey.
The Honorable Thomas E. Atkins. United States Army. Awarded the Medal of Honor for action in Luzon, Philippine Islands, on March 10, 1945, while serving as a private first class in Company A, 127th Infantry, 32d Infantry Division. Born in Campobello and now lives in Inman. Regretfully, he could not be with us today. The Honorable Thomas E. Atkins.
The Honorable Harold E. Wilson. United States Marine Corps, Retired. Awarded the Medal of Honor while serving as Technical Sergeant, Company C, 1st Marines, 1st Marine Division, Korea, April 23-24, 1951. Born in and entered military service from Birmingham, Alabama, and now lives in Lexington. The Honorable Harold E. Wilson.
The Honorable J. Elliott Williams. United States Navy, Retired. Awarded the Medal of Honor for action on the Mekong River, Republic of Vietnam, October 31, 1966, while serving as Boat Captain and Patrol Officer aboard River Patrol Boat 105. Born in Rock Hill and is now living in Murrells Inlet. Regretfully, he could not be with us. The Honorable J. Elliott Williams.
The Honorable Webster Anderson. United States army, Retired. Awarded the Medal of Honor for action at Tam Ky, Republic of Vietnam, on October 15, 1967. At the time of the action, Sergeant First Class Anderson was Chief of Section, Battery A, 2d Battalion, 320th Artillery, 101st Airborne Division. Born and still lives in Winnsboro. The Honorable Webster Anderson.
I'd like to also call attention to the fact that there are two native South Carolinians who are Medal of Honor recipients now living out of state. I'd like to read a brief statement about them.
The Honorable Robert S. Kennemore. United States Marine Corps. Awarded the Medal of Honor for action north of Yudam-ni, Korea, on November 27 and 28, 1950, while serving in the grade of staff sergeant and leader of a machine gun section in Company E, 2d Battalion, 7th Marines, 1st Marine Division. Staff Sergeant Kennemore was born in and entered military service from Greenville. He is now in a nursing home in California. The Honorable Robert S. Kennemore.
The Honorable Michael E. Thornton. United States Navy. Awarded the Medal of Honor for action in the Republic of Vietnam on October 31, 1972. At the time of the action, then Petty Officer Thornton was with a U.S. Navy lieutenant and a three-man Vietnamese Navy patrol on an intelligence gathering and prisoner capture operation against an enemy occupied naval river base. Lieutenant Thornton was born in Greenville and entered military service from Spartanburg. He is still on active duty in the Navy.
Allow me at this time to recognize some special guests with us, joining us with the Medal of Honor recipients. We have Mrs. Currey, Mrs. Mabry, Mrs. Murray, Mr. and Mrs. Umphlett, and he is a special guest as a friend of Dolly Cooper, who served with him in the military. We have Mr. John Wilson, the son of one of our honorees.
We would like now to make some of the presentations individually, and as I call the name of the person who will make the presentation, please present it to the recipient if he is here or accept it in his honor. The Honorable Donald Truesdell's presentation will be made by Senator Holland."
Senator Holland: "This is Don Roy Truesdale, who I've known, he's in my American Legion Post, and the State Commander of the American Legion is here today. I know of no greater privilege in my life, or pleasure, Don, than to present you this."
Rep. FOSTER: "The next presentation will be to General George L. Mabry."
Rep. T.M. BURRISS: "It's an honor and a privilege to present this Resolution from the South Carolina House of Representatives, General Mabry. General Mabry is a constituent of mine, who lives in my district and Senator Lourie's district. We are fortunate enough to have two Medal of Honor recipients living in our districts. Also, we'd like to recognize the fact that General Mabry is the National Chairman of the Association of Medal of Honor Recipients. I may not have used the right title, but I know you are the 'head honcho' of Medal of Honor recipients throughout the nation. Congratulations."
Rep. FOSTER: "The next presentation will be to the Honorable Charles P. Murray, and that presentation will be made by Senator Lourie."
Senator Lourie: "You know this is a very solemn occasion, and a great honor for me, Colonel Murray. Only on a very special occasion like this would I be willing to present a resolution from the House of Representatives, I must tell you. In all seriousness, I'd like to read this, because I think its terminology is beautiful, and it's on each one of the certificates. This is on motion of the House of Representatives, by various members of the House of Representatives, and this is to Colonel Charles P. Murray, for his outstanding contributions to the State of South Carolina and the United States of America, he is a retired colonel of the United States Army, he was awarded the Medal of Honor for action near Kaysersberg, France, on December 16, 1944, expressing appreciation to him for his bravery and helping to make this country what it is today. We honor him and we thank him on this very special day, on behalf of all the citizens of South Carolina, we present you with this certificate of appreciation."
Rep. FOSTER: "The next presentation will be to Francis S. Currey, presented by Representative HELMLY, Representative WILLIAMS, and Representative COOPER."
Rep. HELMLY: "Francis, it's my pleasure, on behalf of the House and the Senate and the entire population of the State of South Carolina and America, to tell you we appreciate you and we thank you for what you did and God bless you."
Rep. WILLIAMS: "Francis, first, I'd like to tell the group why both Representative Cooper and I are here. First they served in the Army together, then he migrated to South Carolina. He moved into my friend, Representative Cooper's district. But, Representative Cooper made an error, he made a mistake, and he let him know that you have another of your friends living in the lower part of South Carolina. There he found his other buddy, Clyde Umphlett. And Clyde took him around Berkeley County, God's country, with the deer running, and the striped bass biting, and there, I am claiming him today as one of my constituents in Berkeley County. So, the Honorable Currey, it's a great privilege for us to present to you one of your great desires, and that was through Representative Cooper. You know most of us want our numbers lowered. But in this case, he has 13, but he wanted 30. This is the number of the company in which he served. It's with great honor that we present you this dream of yours."
Rep. COOPER: "The 30th Infantry Division of the United States Army was composed of troops from North and South Carolina, Tennessee and Georgia. We felt like he deserved this tag number, 30. We didn't know at the time that there was a conflict. But, Francis, it's a pleasure to have you living in South Carolina, and with this backup in the Battle of the Bulge, Clyde and myself, we feel behind you."
Rep. FOSTER: "Representative Petty has accepted on behalf of Mr. Atkins, who could not be with us today. He will see that he is presented with that personally. The next presentation will be to Warrant Officer Harold E. Wilson by Representative DERRICK and Senator Wilson."
Rep. DERRICK: "Thank you. There's nothing that I can add to the speakers that have already told you the accomplishments of these men. We would just like to say that we are deeply moved and appreciative of all the things that you have done and the sacrifices that you have made for this country, and I'd like to present this to you on behalf of the members here and the citizens of Lexington County, also. And it says to Harold E. Wilson, but I'm told that he does not recognize Harold E. but he goes by Speedy, and I'll not relate the story on how that takes place, I'll let him explain that. We're awful proud of you. Thank you very much."
Senator WILSON: "Three years ago, I had the privilege at Myrtle Beach to be at the annual convention of the Medal of Honor Recipients Association, and that was a great function for the State of South Carolina, and I got to know a great number of these people, and it's just super today. It's a meaningful day to me and to the General Assembly to have living American heroes here today, and I'm glad I can claim one as a cousin. Thank you. "
Rep. FOSTER: "Representative Altman has accepted on behalf of J. Elliott Williams, and he will see that he receives the honor from us. The next presentation will be to Sergeant First Class Webster Anderson by Representative Lewis and Senator Martin."
Rep. LEWIS: "In any group where excellence prevails, you will find someone from Fairfield County. Today is no exception. We are honored as members of the Fairfield County Delegation, Senator Martin and myself, to have a member in this impressive and illustrious group. We are honored to have a person who has fought for that dear, dear liberty that we all too often take for granted, but recognize today is so important to us all. Webster, I don't have the words to thank you for the sacrifice that you have made for liberty and for all of us, and for our children, but I know I speak for Senator Martin and myself today, when we say thank you."
Rep. FOSTER: "I'd simply like to say that once again we are honored to have the privilege of recognizing individuals who gave of themselves in order that we might have a better way of life. They paid the sacrifice in order that generations to follow might enjoy the same privileges of this nation that we now enjoy. So, it is our pleasure to extend this small token of appreciation to you for what you have done for us. At this time, we would ask our special guests to please be seated and the President of the Senate, Lieutenant Governor Nick Theodore will introduce our guest speaker."
Lt. Gov. Theodore: "We're delighted on behalf of the Joint Assembly to have so many distinguished South Carolinians in our Chambers today. I know you're all courageous men, however, I was a little bit concerned that Representative Foster was not going to ask you to be seated during the speech.
We're delighted to have each one of you here, and it's my privilege to have this opportunity to introduce to the members of the Joint Assembly and the guests assembled here an outstanding individual, Colonel Charles P. Murray, who resides with his wife in the Forest Lakes section of Columbia. He has two sons, both Vietnam veterans, and one daughter. He entered the military in 1942, and in 1943 completed Officers Training School. After 30 years of service with the military, Colonel Murray came back to South Carolina and served this state as a Senior Planner with the Department of Corrections from 1974 to 1983. He is a graduate of high school in Wilmington, North Carolina, has his bachelor's degree from the University of North Carolina, and also is the recipient of a master's degree from George Washington University.
His European service consisted of, during World War II, in the 3d Infantry, many positions were held by Colonel Murray, including Company Commander. In Vietnam, he served as Deputy Commander of the 196th Light Infantry Brigade, served as Commander of the 3d Brigade, 9th Infantry Division. It is very significant to each of us here today, that this outstanding individual has been decorated 30 times in addition to the Congressional Medal of Honor. He has received four Silver Stars, four Legion of Merit Awards, and two Bronze Stars.
It is quite fitting, I think, members of the Joint Assembly, that as we prepare to celebrate the birthday of another great American, Abraham Lincoln, that we have a great South Carolinian and American address us today. An individual who truly personifies those words, that there is a patriotism of peace as well as a heroism of war.
Colonel Charles P. Murray has always been outstanding during peace and war for South Carolina and for this great nation of ours. It gives me a great deal of pleasure and is my honor to present to you the President of the Congressional Medal of Honor Society, Colonel Charles P. Murray."
Colonel Hurray:
"Thank you very much, Governor Theodore and Mr. Speaker, distinguished members of the General Assembly, ladies and gentlemen. I hope I can do this as well as the other words that have been said from this podium. We thank you from the bottom of our hearts for permitting us and inviting us to be here today. We wish to thank again Representative Cooper for his initiative to bring us here, and those such as Representative Sam Foster for their assistance and support.
It is our great honor and privilege to be in this historic hall. In recognizing those of us here today, those six of us, you honor all recipients of the Medal of Honor, and I bring you their greetings. You honor in a very special way the 28 Medal of Honor recipients who are accredited to the state of South Carolina, those whose names are memorialized in bronze and stone on the walls of this great building.
More than that, you bring honor to the uncounted thousands who have served so bravely here and around the world, those who have fought and suffered and died in the name of South Carolina.
If you will indulge a newcomer to your state - I have lived here only 17-1/2 years - I would like to remind you of these great sons of South Carolina.
Let me say now before I go on that when I refer to men and sons and soldiers, I do so in the generic sense. We all recognize and fully appreciate the great contributions made by the brave ladies of this state over these many years. We also recognize and appreciate the contributions made by the citizens of South Carolina who did not have the opportunity to wear the military uniform. And when I refer to soldiers, I also refer to those of the other armed forces, the sailors, Marines, airmen and members of the Coast Guard who also served.
But now, permit me to remind you of those sons of South Carolina. Who were these men?
In the Revolutionary War, they were those brave men who fought under leaders such as General Thomas Sumter, and General Francis Marion, and Colonel Wade Hampton. They were those men who fought at Camden and Cowpens and Eutaw Springs and other battles in South Carolina.
They were those men who were quick to answer the call in 1812, when the young nation was in danger of losing its new found freedom.
They were men like Colonel William Barrett Travis, born in South Carolina, who at the age of 26 commanded the forces and died at the Alamo with all the rest.
During the war with Mexico in 1847, they were the men who served in the heroic Palmetto Regiment and fought at Vera Cruz, and Churubusco, and Chapultepec. They were in the forefront of the assault on Mexico City, and the Palmetto Flag was the first to be planted on the walls of that city.
There were 974 members of the regiment who landed at Vera Cruz. Of these, 422 perished in Mexico, and 79 died later of wounds and exposure.
This heroic tradition continued throughout the Civil War, that War of Secession, that War Between the States, where once again brave men fought for their beliefs under such leaders as the third Wade Hampton.
Now, let me turn quickly to this century.
During the First World War, this nation awarded a total of 123 Medals of Honor. Of this number, one was awarded to a sailor and six to soldiers from South Carolina. The six soldiers were all members of the 118th Infantry, 30th Infantry Division. The entire 30th Division, with 12 Medals of Honor, exceeded any other Division by three. Men who fought with that same Old Hickory Division during the Second World War are sitting right here today. And here also are some who saw service in Korea and more recently in the jungles and mountains and rice paddies of Vietnam.
And there are thousands more who would go tomorrow if the nation were to call. And they would serve with bravery and distinction just as did their fathers and grandfathers before them.
Included among them are the weekend soldiers, the National Guard of South Carolina -- both Army and Air Guard -- which, under the leadership of State Adjutant General T. Eston Marchant, are almost routinely rated the best in the nation. They are among those who would be the very first to go.
The people of South Carolina can look with pride at those from this great state who have always been there to lead the way and to set the example for others to follow: citizen soldiers like J. Willis Cantey; professional soldiers like our great General William C. Westmoreland; Men like World War I Medal of Honor recipient James C. Dozier, who for more than 32 years was Adjutant General of this state. And reaching back, the Hamptons, Francis Marion, Thomas Sumter, and all the rest.
It is because of citizens like these, it is because of the spirit of patriotism which throbs deeply in the heart of this state, it is because of those thousands who have answered the call, that we are able to be here today. In honoring us, you honor them all. Thank you."
Upon the conclusion of his address, Colonel Murray 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 12:40 P.M. the House resumed, the SPEAKER in the Chair.
On motion of Rep. J. BRADLEY, with unanimous consent, the following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3762 -- Reps. J. Bradley, Felder, Beasley, Harvin, Short, Clyborne, Wilkins, Huff, Limehouse, McElveen, J. Rogers, Baxley and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-59-45 SO AS TO PROVIDE THAT THE STATE CONSUMER ADVOCATE HAS CONCURRENT JURISDICTION AND AUTHORITY WITH THE CHIEF INSURANCE COMMISSIONER TO ENFORCE PROVISIONS OF LAW RELATING TO IMPROPER INSURANCE CLAIMS PRACTICES; AND TO PROVIDE THAT CIVIL AND ADMINISTRATIVE FINES AND PENALTIES IMPOSED BY THE CONSUMER ADVOCATE PURSUANT TO THE ABOVE MUST BE RETAINED BY HIM FOR USE IN CARRYING OUT THE DUTIES OF HIS OFFICE.
Referred to Committee on Labor, Commerce and Industry.
H. 3763 -- Reps. J.W. McLeod, J. Bradley and Kohn: A BILL TO AMEND SECTION 38-39-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY SO AS TO CHANGE THE CHARGE ALLOWED ON A DELINQUENCY INSTALLMENT FROM FIVE CENTS A DOLLAR FOR EACH FULL DOLLAR OR ONE DOLLAR, WHICHEVER IS GREATER, NOT TO EXCEED FIVE DOLLARS, TO ONE DOLLAR TO A MAXIMUM OF FIVE PERCENT OF AN INSTALLMENT, OR A MAXIMUM OF FIVE DOLLARS ON A FAMILY OR HOUSEHOLD PURPOSE LOAN.
Referred to Committee on Labor, Commerce and Industry.
H. 3764 -- Reps. J.W. McLeod, J. Bradley and Kohn: A BILL TO AMEND SECTIONS 38-39-20 AND 38-39-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE BUSINESS SO AS TO INCREASE THE LICENSE FEE FOR A PERSON ENGAGING IN THE INSURANCE PREMIUM SERVICE BUSINESS FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO PROVIDE NET WORTH REQUIREMENTS OF ONE HUNDRED THOUSAND DOLLARS OF LICENSEES AND TO ALLOW PRESENT LICENSEES FIVE YEARS TO INCREASE THEIR NET WORTH TO ONE HUNDRED THOUSAND DOLLARS UPON POSTING A FIDELITY BOND OR PROVING FINANCIAL RESPONSIBILITY OF FIFTY THOUSAND DOLLARS.
Referred to Committee on Labor, Commerce and Industry.
H. 3765 -- Rep. Pearce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF NAKATO S.C., INC.
Without reference.
H. 3766 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO DESIGNATE SECTIONS 12-54-10 THROUGH 12-54-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1, OF CHAPTER 54, OF TITLE 12, ENTITLED "UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION", AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 IN CHAPTER 54 OF TITLE 12, SO AS TO ENACT THE SETOFF DEBT COLLECTION ACT, AND TO REPEAL SECTIONS 12-7-2240 AND 12-53-55 OF THE 1976 CODE, RELATING TO EXISTING REFUND SETOFF AND INFORMATION EXCHANGE PROVISION MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Referred to Committee on Ways and Means.
Rep. CARNELL moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3715 - Reps. McEachin, J.W. McLeod, Gilbert, Mattos and McKay: A CONCURRENT RESOLUTION TO CONGRATULATE FLORENCE COUNTY SHERIFF WILLIAM C. "BILLY" BARNES UPON BEING NAMED "SHERIFF OF THE YEAR" BY THE SOUTH CAROLINA SHERIFFS' ASSOCIATION.
H. 3718 -- Reps. J. Harris and Burch: A CONCURRENT RESOLUTION TO CONGRATULATE SHERIFF RALPH C. FREEMAN OF CHESTERFIELD COUNTY FOR BEING ELECTED PRESIDENT OF THE SOUTH CAROLINA SHERIFFS' ASSOCIATION.
H. 3720 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF KAY LAWRENCE OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 3745 - Reps. M.D. Burriss, J. Brown, T.M. Burriss, Corning, Faber, Hearn, Humphries, McBride, T. Rogers, Taylor and Toal: A CONCURRENT RESOLUTION TO CONGRATULATE AND PUBLICLY RECOGNIZE ONE OF SOUTH CAROLINA'S MOST SUCCESSFUL BUSINESSES, DEFENDER INDUSTRIES OF RICHLAND COUNTY, UPON THE OCCASION OF ITS THIRTIETH ANNIVERSARY.
H. 3748 -- Reps. Wells, Davenport, Petty and McGinnis: A CONCURRENT RESOLUTION TO COMMEND PASTOR HOUSTON MILES AND THE MEMBERS OF EVANGEL CATHEDRAL OF SPARTANBURG COUNTY FOR THEIR MANY MEANINGFUL CONTRIBUTIONS TO THE RELIGIOUS, CULTURAL, AND SOCIAL LIFE OF THEIR COMMUNITY AND TO CONGRATULATE THEM FOR THE CONSTRUCTION OF THE BEAUTIFUL AND IMPRESSIVE CATHEDRAL TO BE DEDICATED FEBRUARY 21, 1988.
H. 3754 -- Reps. Gentry, Waldrop, McAbee, 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, 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, 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, Townsend, Tucker, 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 EUGENE SLIGH BLEASE OF SALUDA, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, UPON HIS DEATH.
H. 3761 -- Reps. Davenport, Petty, Edwards, Ferguson, Wells, McGinnis, Lanford and Cole: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE RALPH W. GREER, SR., OF UNION IN UNION COUNTY.
At 12:45 P.M. the House in accordance with the motion of Rep. CARNELL adjourned to meet at 10:00 A.M. tomorrow.
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