Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, before Whom the generations rise and fall, teach us to master our every situation according to Your Word. When problems baffle even our best thinking, make us to know that You are the God of history who stands today to bless us in keeping with our needs. Grant to us clear minds, warm hearts, and wills to obey the guidance of Your teachings. Reward us with the satisfaction of being good and faithful workmen whose hearts are at peace with ourselves and with our God. Make us ill content with anything less than our best. And may truth and righteousness be the fruits of our labors.
We make our prayer in the Name of Jesus our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following were received.
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 Policies and Procedures Utilized by the State Board of Education in the Approval of Teacher Education Programs Offered by Colleges and Universities in S.C. from the Department of Education.
They are hereby referred to the Committee on Education and Public Works for consideration.
Sincerely,
Robert J. Sheheen
February 11, 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 11, 1988 regulations concerning Development Fund for Parks and Recreation from the S.C. Department of Parks and Recreation.
They are hereby referred to the Committee on Education and Public Works for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
In accordance with the action taken by the General Assembly on April 9, 1963, and Act No. 764 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:
Cash on Hand $ 10.00
Total number of Manuals sold from
April 21, 1987 to February 12, 1988
2524 @ $4.00 each $ 10,096.00
Total $ 10,106.00
Accounting:
Cash on Hand $ 10.00
Cash Deposited in State's General Fund $ 10,096.00
Total $ 10,106.00
An itemized list of the purchasers of the Manual is available in the Clerk's Office. Lois T. Shealy Clerk of the House February 16, 1988 Received as information.
The following was received.
Columbia, S.C., February 16, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has tabled H. 3662:
H. 3662 -- Rep. Baker: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CREATE A NEW PRECINCT TO BE NAMED POSSUM KINGDOM, TO DESIGNATE A VOTING PLACE IN THAT PRECINCT, AND TO CHANGE THE BOUNDARY OF DUNKLIN PRECINCT.
Very respectfully,
President
No. 4
Received as information.
The following was received.
Columbia, S.C., February 17, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, Mitchell and Thomas of the Committee of Conference on the part of the Senate on H. 2573:
H. 2573 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 12-37-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND RETURN OF MERCHANTS AND MANUFACTURERS' PROPERTY TO THE TAX COMMISSION FOR AD VALOREM TAX PURPOSES SO AS TO PROVIDE THAT THE TAX COMMISSION SHALL FORWARD THE ASSESSMENTS PREPARED AS A RESULT OF THE RETURNS SUBMITTED PURSUANT TO THIS SECTION TO THE APPROPRIATE LOCAL TAXING AUTHORITIES NO LATER THAN AUGUST FIFTEENTH OF THE APPLICABLE TAX YEAR.
Very respectfully,
President
No. 52
Received as information.
The following was received.
Columbia, S.C., February 17, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 703:
S. 703 -- Senators Pope, Giese and Hayes: A BILL TO AMEND SECTION 40-47-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY ACTION AGAINST PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR A LICENSEE'S RIGHT TO JUDICIAL REVIEW OF DISCIPLINARY ACTION, PROVIDE FOR THE APPEAL TO BE CONSIDERED AN EMERGENCY AND TO TAKE PRECEDENCE ON THE CIRCUIT COURT'S CALENDAR, REQUIRE THE APPEAL TO BE HEARD NOT LATER THAN THIRTY DAYS FROM THE DATE THE PETITION IS FILED, AND LIMIT THE GRANTING OF A STAY OR SUPERSEDEAS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., February 17, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 732:
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.
Very respectfully,
President
On motion of Rep. WILKINS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. GENTRY, BAXLEY and WILKINS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3587 -- Reps. J. Bradley, Mappus, Kohn, G. Bailey, M.O. Alexander, Neilson, J.W. McLeod and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE STATE OF SOUTH CAROLINA FOR THE CONTINUATION OF STATE REGULATION OF INSURANCE AND TO OPPOSE THE REPEAL OR AMENDMENT OF THE McCARRAN-FERGUSON ACT WHICH LEAVES THE REGULATION OF THE INSURANCE BUSINESS TO THE STATES.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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".
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3572 -- Reps. T.C. Alexander, M.O. Alexander, Neilson, Petty and G. Bailey: A BILL TO AMEND SECTION 56-10-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO INCREASE FROM TWENTY-FIVE TO ONE HUNDRED DOLLARS THE REINSTATEMENT FEE FOR VEHICLE REGISTRATION AFTER THE REGISTRATION OF A VEHICLE IS SUSPENDED FOR FAILURE TO MAINTAIN INSURANCE ON THE VEHICLE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3577 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-79-20 SO AS TO REQUIRE MEDICAL MALPRACTICE INSURANCE CARRIERS TO FILE FINAL JUDGMENTS, SETTLEMENTS, AGREEMENTS, AND AWARDS WITH LICENSING BOARDS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3596 -- Reps. Rudnick, Faber and Whipper: A BILL TO PROVIDE THAT ANY LICENSED DRIVER WHO HAS ACCUMULATED NO MORE THAN TWO POINTS ON HIS MOTOR VEHICLE OPERATING RECORD FOR THE PRECEDING FOUR YEARS IS ELIGIBLE TO PURCHASE AUTOMOBILE LIABILITY INSURANCE AT THE LOWEST RATES AVAILABLE UNDER THE APPLICABLE RISK CLASSIFICATION SYSTEM.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3635 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 40-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE LICENSING BOARD FOR CONTRACTORS, SO AS TO REQUIRE THE BOARD TO MEET QUARTERLY INSTEAD OF SEMIANNUALLY, TO REQUIRE THE BOARD TO ELECT OFFICERS AT ITS GENERAL MEETING INSTEAD OF ITS APRIL MEETING, AND TO INCREASE FROM THREE TO FOUR THE NUMBER OF MEMBERS WHICH CONSTITUTES A QUORUM.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3674 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 33-55-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 38-73-457, 38-77-112, AND 38-77-280, ALL AS AMENDED, RELATING TO THE CIVIL LIABILITY OF A LICENSED HEALTH CARE PROVIDER, THE REQUIREMENT OF EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE ANNUALLY A BASE RATE WITH THE CHIEF INSURANCE COMMISSIONER, NO AUTOMOBILE INSURER IS REQUIRED TO WRITE COVERAGE FOR AUTOMOBILE INSURANCE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHO DOES NOT POSSESS A VALID SOUTH CAROLINA DRIVER'S LICENSE, THE AUTHORITY OF AUTOMOBILE INSURERS TO REFUSE TO WRITE AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHERE ONE OR MORE OF THE CONDITIONS OR FACTORS PRESCRIBED IN SECTION 38-73-455 EXIST, SO AS TO MAKE TECHNICAL INTERNAL CORRECTIONS TO REFERENCES; SECTION 38-7-180, RELATING TO THE FILING WITH THE CHIEF INSURANCE COMMISSIONER REQUESTING A CHANGE IN RATES SOLELY TO REFLECT CHANGES IN TAX LIABILITIES, SO AS TO AUTHORIZE AN INSURANCE COMPANY WHICH INSURES ONLY CHURCHES AND ITS PROPERTY FROM TAXES LEVIED ON INSURANCE COMPANIES UNDER VARIOUS PROVISIONS AND TO DELETE REFERENCES TO THE AUTHORITY OF THE COMMISSION TO ADJUST THE PREMIUM RATES CHARGEABLE ON CERTAIN POLICIES; SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF PURPOSE FOR THE REFORM OF AUTOMOBILE INSURANCE AND INSURANCE PRACTICES, SO AS TO DELETE THE REQUIREMENT THAT THE INSURANCE COMMISSION APPROVE A TERRITORIAL CLASSIFICATION PLAN PROMULGATED BY THE CHIEF INSURANCE COMMISSIONER AND TO MAKE CORRECTIONS REGARDING REFERENCES; SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS USED REGARDING AUTOMOBILE INSURANCE, SO AS TO MAKE A TECHNICAL CORRECTION; SECTION 38-77-270, AS AMENDED, RELATING TO LIABILITY INSURANCE TO PROVIDE MINIMUM LIABILITY AND UNINSURED MOTORIST COVERAGE, SO AS TO DELETE ALL REFERENCES TO THIS COVERAGE AND OTHER REFERENCES REGARDING COVERAGE IN EXCESS OF CERTAIN CODE PROVISIONS AND REWORD THE PROVISION DEALING WITH LICENSED ART CARE AND TREATMENT; AND TO REPEAL SECTION 38-5-180, RELATING TO THE EXEMPTION OF AN INSUROR OF CHURCHES FROM CERTAIN TAXES LEVIED ON INSURANCE COMPANIES.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1086 -- Banking and Insurance Committee: 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.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1094 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO CHANGE THE TIME REQUIRED FOR EXAMINATION OF DOMESTIC INSURANCE COMPANIES FROM THREE YEARS TO FIVE YEARS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1100 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2149 -- Rep. Harvin: A BILL TO AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION TO ISSUE A PERMIT TO CARRY A CONCEALED FIREARM TO ANY RETIRED LAW ENFORCEMENT OFFICER HAVING THIRTY YEARS' SATISFACTORY SERVICE WITH A LAW ENFORCEMENT AGENCY.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2680 -- Rep. McTeer: A BILL TO AMEND CHAPTER 9, TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLARK'S HILL-RUSSELL AUTHORITY, BY ADDING SECTION 13-9-35 SO AS TO PROVIDE THAT THE AUTHORITY MAY EXERCISE ANY OF THE POWERS AND DUTIES CONVEYED UNDER THE PROVISIONS OF SECTION 13-9-30 IN THE ENTIRE COUNTY OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, and Rep. COOPER for the minority submitted an unfavorable report, on:
H. 3242 -- Reps. Hawkins, Aydlette, Derrick, Winstead, Felder, J. Brown, Davenport and Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 76 TO TITLE 44 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF DIETITIANS AND NUTRITIONISTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ESTABLISH WITHIN THE DEPARTMENT AN ADVISORY BOARD OF DIETETICS AND NUTRITION, AND PROVIDE FOR THE BOARD'S MEMBERSHIP, FUNCTIONS, AND DUTIES.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3580 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS; TO AMEND SECTIONS 40-51-110 AND 40-51-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PODIATRY, SO AS TO PROVIDE LICENSURE RECIPROCITY WITH STATES WHOSE REQUIREMENTS ARE SUBSTANTIALLY EQUIVALENT TO THIS STATE'S AND TO PROVIDE GROUNDS AND PROCEDURE FOR THE SUSPENSION AND REVOCATION OF LICENSES TO PRACTICE PODIATRY; AND TO REPEAL SECTIONS 40-51-210 AND 40-51-250 RELATING TO PROHIBITION AGAINST CORPORATE PRACTICE OF PODIATRY OR PRACTICE IN CONNECTION WITH A COMMERCIAL ESTABLISHMENT.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 2944 -- Rep. Corning: A BILL TO AMEND SECTION 56-5-5360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSPECTION STATIONS, SO AS TO INCREASE THE FEES FOR INSPECTIONS, CERTIFICATES, AND FORMS.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 725 -- Senator Mitchell: A BILL TO AMEND SECTION 58-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REGIONAL TRANSPORTATION AUTHORITY LAW, SO AS TO DEFINE FINANCIAL CONTRIBUTION; AND TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD MEMBERS AND EMPLOYEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE THREE ADDITIONAL MEMBERS OF THE BOARD BY THE LEGISLATIVE DELEGATIONS OF THE MEMBER COUNTIES AND METHODS OF APPORTIONMENT OF THE BOARD MEMBERS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2329 -- Reps. Huff, Sheheen, Toal and Hayes: A BILL TO AMEND SUBARTICLE 1 OF ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABUSED, NEGLECTED, AND DELINQUENT CHILDREN, BY ADDING SECTION 20-7-770 SO AS TO REQUIRE THAT CERTAIN CONVICTIONS OF CRIMES BY JUVENILES BE REPORTED TO THE STATE LAW ENFORCEMENT DIVISION, TO REQUIRE THAT THIS INFORMATION BE ADMISSIBLE ONLY AT THE SENTENCING PHASE OF A TRIAL, AND PROVIDE A PENALTY FOR UNAUTHORIZED DISSEMINATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2395 -- Reps. Evatt, Beasley, Hayes and Huff: A BILL TO AMEND CHAPTER 1, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURTS BY ADDING SECTION 14-1-185 SO AS TO PROVIDE FOR EXPEDITED PROCEEDINGS IN CRIMINAL AND FAMILY COURT CASES INVOLVING A CHILD VICTIM; TO AMEND CHAPTER 1, TITLE 19, RELATING TO EVIDENCE BY ADDING SECTION 19-1-170 SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE THAT IS A MATERIAL ELEMENT TO CERTAIN CRIMES MAY BE ADMITTED INTO EVIDENCE UNDER CERTAIN CIRCUMSTANCES; TO AMEND CHAPTER 11, TITLE 19, RELATING TO COMPETENCY OF WITNESSES, BY ADDING SECTION 19-11-35 SO AS TO PROVIDE THAT EVERY CHILD IS COMPETENT TO BE A WITNESS IN ANY JUDICIAL PROCEEDING, AND BY ADDING SECTION 19-11-110 SO AS TO PERMIT THE TESTIMONY OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF AN UNLAWFUL SEXUAL OFFENSE BY CLOSED CIRCUIT-TELEVISION UNDER CERTAIN CONDITIONS; TO AMEND CHAPTER 17, TITLE 19, RELATING TO EXAMINATION OF WITNESSES BY DEPOSITIONS BY ADDING SECTION 19-17-100 SO AS TO PERMIT THE TAKING OF A VIDEOTAPE DEPOSITION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF AN UNLAWFUL SEXUAL OFFENSE IN CERTAIN CASES, TO PROVIDE THE PROCEDURES TO BE USED IN THESE VIDEOTAPE DEPOSITIONS, AND TO AUTHORIZE THE ADMISSION INTO EVIDENCE OF THIS DEPOSITION AT TRIAL UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3293 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-190 SO AS TO DEFINE AS A PRIMITIVE WEAPON A RIFLE, .36 CALIBER OR LARGER, WITH A ONE-EIGHTH INCH NONMAGNIFIED PEEP SITE ON THE REAR OF THE BARREL.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3320 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-287 SO AS TO PROHIBIT THE TRANSFER OF BEER, WINE, OR ALCOHOLIC LIQUOR TO PERSONS UNDER THE AGE OF TWENTY-ONE YEARS, PROVIDE EXCEPTIONS, AND PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3415 -- Rep. Wells: A BILL TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO ALLOW COUNTY COUNCILS TO ENACT ORDINANCES REGULATING NOISE IN RESIDENTIAL AREAS AND STRUCTURES AND PROVIDE FOR FINES OF NOT MORE THAN TWO HUNDRED DOLLARS FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3453 -- Rep. Hayes: A BILL TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY BY ADDING SECTION 16-17-445 SO AS TO PROVIDE RESTRICTIONS UPON UNSOLICITED CONSUMER TELEPHONE CALLS TO RESIDENCES, PROHIBIT THE MAKING OF UNSOLICITED CONSUMER TELEPHONE CALLS TO CERTAIN SUBSCRIBERS, AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO INVESTIGATE COMPLAINTS OF VIOLATIONS, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3474 -- Rep. Gregory: A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS, SO AS TO PROVIDE IT IS UNLAWFUL ALSO TO DISCHARGE FIREARMS AT OR INTO ANY BUILDING OR STRUCTURE REGULARLY OCCUPIED BY PERSONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3527 -- Reps. Rudnick, Blackwell, Nesbitt, M.O. Alexander, Cole, Rhoad, Wilder, P. Harris, Huff, Jones, Kirsh, Whipper, Lanford, J.H. Burriss and Harvin: A BILL TO AMEND CHAPTER 5, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING GENERALLY, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IN THE EVENT OF A VACANCY IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3567 -- Rep. Hayes: A BILL TO AMEND ARTICLE 1, CHAPTER 49, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD AND OTHER EXEMPTIONS, SO AS TO REVISE THE PROCEDURES WHICH MUST BE FOLLOWED IN JUDICIAL SALES OF PROPERTY WHICH IS SUBJECT TO THESE EXEMPTIONS AND TO REPEAL ARTICLE 3 AND ARTICLE 5 OF CHAPTER 41, TITLE 15, RELATING TO HOMESTEAD AND OTHER EXEMPTIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 350 -- Corrections and Penology Committee: A BILL TO PROVIDE THAT EVERY SOLICITOR SHALL FURNISH THE APPROPRIATE CLERK OF COURT WITH A COPY OF ARREST WARRANTS, INCIDENT REPORTS, CRIMINAL CONVICTION RECORDS, AND THE PRESENTENCE INVESTIGATION OF EACH DEFENDANT SENTENCED TO A TERM OF IMPRISONMENT IN EXCESS OF NINETY DAYS, TO PROVIDE THAT THE CLERK OF COURT SHALL ATTACH A COPY OF THESE REPORTS TO THE PRISONER'S COMMITMENT PAPERS, AND TO PROVIDE THAT THE SOLICITOR AND CLERK OF COURT SHALL ALSO INSURE THAT ALL COMMITMENT ORDERS PERTAINING TO DEFENDANTS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS ARE REMITTED TO THE DEPARTMENT OF CORRECTIONS WITHIN TEN DAYS AFTER THE ADJOURNMENT OF THAT TERM OF COURT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 933 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO REPEAL SECTION 61-13-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF UNSTAMPED ALCOHOLIC LIQUORS AS CONTRABAND.
Ordered for consideration tomorrow.
Rep. BLANDING, with unanimous consent, moved that students from Sumter High School be admitted to the Hall of the House, which was agreed to.
Rep. BLANDING then introduced the students and their advisor who published the "Signature Magazine", which was the winner of numerous local and national awards.
The following was introduced:
H. 3774 -- Reps. J. Rogers, M.D. Burriss, Aydlette, J. Brown, Taylor, J. Harris, Sheheen and Humphries: A CONCURRENT RESOLUTION URGING AMTRAK TO INSIST ON THE PERFORMANCE OF THE TERMS OF ITS CONTRACT WITH CSX TRANSPORTATION, INC., WHICH INCLUDES FURNISHING PASSENGER RAIL SERVICE ALONG THE ROUTE FROM SAVANNAH, GEORGIA, TO COLUMBIA, SOUTH CAROLINA, TO RALEIGH, NORTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1204 -- Senator Long: A CONCURRENT RESOLUTION TO RECOGNIZE MR. TIMOTHY WAYNE JOWERS, OF COLUMBIA, UPON RECEIVING THE EAGLE SCOUT AWARD FROM BOY SCOUT TROOP NUMBER 131.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1205 -- Senator Macaulay: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. JEAN UNDERWOOD PHILLIPS UPON BEING NAMED THE TOP MATH TEACHER IN SOUTH CAROLINA BY THE NATIONAL SCIENCE FOUNDATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3775 -- Reps. Aydlette, Sturkie, Chamblee and Holt: a BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 SO AS TO PROVIDE FOR THE RECALL OF DEFECTIVE MOTOR VEHICLES AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3776 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO THE SOUTH CAROLINA MERIT RATING PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 940, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3777 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO AUTOMOBILE INSURANCE CREDIT AND DISCOUNT PLANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3778 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO REFUSAL TO WRITE, NONRENEWAL, AND CANCELLATION OF INSURANCE ON MOTOR VEHICLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 937, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3779 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE TO THE DEPARTMENT OF YOUTH SERVICES AND THE REFERENCE TO FELONY TO VIOLENT CRIME.
Referred to Committee on Judiciary.
H. 3780 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS ENTITLED ANNUAL RENEWAL AND LATE FEES AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 861, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3781 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 933, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3782 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO WHOLESALE DRUG DISTRIBUTION AND MANUFACTURERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 941, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3783 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID: SCOPE OF THE PROGRAM; ELIGIBILITY FOR THE MEDICAL ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 951, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3784 -- Rep Sheheen: A BILL TO AMEND ARTICLE 5, CHAPTER 7, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTING GROSS AND NET INCOME FOR PURPOSES OF THE STATE INCOME TAX BY ADDING SECTION 12-7-614 SO AS TO PROVIDE THAT A PERMANENT BUSINESS ENTERPRISE IS ENTITLED TO AN ADDITIONAL DEDUCTION IN COMPUTING ITS STATE OF SOUTH CAROLINA INCOME TAX LIABILITY OF AN AMOUNT EQUAL TO THE WAGES AND EMPLOYER CONTRIBUTIONS PAID TO OR ON BEHALF OF AN EMPLOYEE WHILE THAT EMPLOYEE RECEIVES ILLITERACY INSTRUCTION.
Referred to Committee on Ways and Means.
H. 3785 -- Rep. Wilkins: A BILL TO AMEND SECTION 57-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDEMNATION OF PROPERTY OF CERTAIN PUBLIC SERVICE CORPORATIONS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO MAKE A TECHNICAL CORRECTION IN THE SECTION.
Referred to Committee on Judiciary.
H. 3786 -- Rep. Gentry: A BILL TO AMEND SECTION 9-1-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY RETIREMENT, SO AS TO REDUCE FROM FIVE TO TWO YEARS THE CREDITABLE SERVICE REQUIRED TO BE ELIGIBLE FOR DISABILITY RETIREMENT.
Referred to Committee on Ways and Means.
H. 3787 -- Lancaster County Delegation: A BILL TO ESTABLISH THE LANCASTER COUNTY SCHOOL DISTRICT, TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF TRUSTEES, TO ABOLISH THE COUNTY BOARD OF EDUCATION AND THE DISTRICT SUPERINTENDENT OF EDUCATION AND DEVOLVE THEIR DUTIES AND RESPONSIBILITIES UPON THE BOARD OF TRUSTEES; AND TO REPEAL ACT 848 OF 1976 RELATING TO THE ELECTION AND COMPOSITION OF THE LANCASTER COUNTY BOARD OF EDUCATION AND THE AREA BOARDS OF TRUSTEES OF THE SCHOOL DISTRICT OF THE COUNTY.
Without reference.
S. 583 -- Senator Shealy: A BILL TO AMEND SECTION 14-7-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES APPLICABLE TO EXCUSED JURORS, SO AS TO REVISE THE PROCEDURE FOR PLACING AN EXCUSED JUROR ON THE PANEL OF A TERM OF COURT.
Referred to Committee on Judiciary.
S. 924 -- Senator Wilson: A BILL TO AMEND SECTION 7-13-830, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO CLARIFY THE PROCEDURE FOR COUNTING BALLOTS UNSUCCESSFULLY CHALLENGED.
Referred to Committee on Judiciary.
S. 965 -- Senator Leventis: A BILL TO AMEND SECTION 56-3-1150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE VEHICLE REGISTRATION AND LICENSING FOR FORMER PRISONERS OF WAR, SO AS TO PROVIDE FOR ALTERNATE LANGUAGE ON THE LICENSE PLATE AND FOR PAYMENT OF THE FEE PROVIDED FOR A SPECIAL PERSONALIZED LICENSE PLATE FOR NEW OR ADDITIONAL PLATES; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO AD VALOREM TAX EXEMPTIONS, SO AS TO LIMIT TO ONE EACH THE EXEMPTION ALLOWED A FORMER PRISONER OF WAR AND SURVIVING SPOUSE.
Referred to Committee on Education and Public Works.
S. 1102 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURER'S RIGHT OF SUBROGATION IN POLICIES OF ACCIDENT AND HEALTH INSURANCE, SO AS TO ALLOW THE CHIEF INSURANCE COMMISSIONER TO DISALLOW SUBROGATION IF, AFTER PETITION BY THE INSURED, HE DETERMINES THE SUBROGATION TO BE INEQUITABLE; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-335 SO AS TO PROHIBIT THE WRITING OF INDIVIDUAL OR FAMILY ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES WHICH ALLOW THE INSURER TO CANCEL THE POLICY ON A DATE OTHER THAN THE ANNIVERSARY OR PREMIUM DUE DATE AND POLICIES WHICH ARE OPTIONALLY RENEWABLE AND TO REQUIRE THIRTY-ONE DAYS' WRITTEN NOTICE OF NONRENEWAL; TO AMEND SECTION 38-71-340, RELATING TO MANDATORY PROVISIONS IN ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-370, RELATING TO OPTIONAL PROVISIONS IN LIFE INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-610, RELATING TO NOTICE OF PREMIUMS DUE FOR ACCIDENT OR HEALTH INSURANCE POLICIES, SO AS TO REVISE A TERM; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-735 SO AS TO PROVIDE MANDATORY PROVISIONS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-810, RELATING TO READJUSTMENT OF PREMIUMS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO CLARIFY TERMS; TO AMEND SECTION 38-71-1010, RELATING TO THE DEFINITION OF BLANKET ACCIDENT AND HEALTH INSURANCE, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 38-71-1110, RELATING TO THE DEFINITION OF ACCIDENT AND HEALTH INSURANCE IN A FRANCHISE PLAN, SO AS TO REVISE THE DEFINITION; TO AMEND SECTIONS 38-55-50 AND 38-71-200, RELATING TO THE PROHIBITION ON DISCRIMINATION BETWEEN INSUREDS OF THE SAME CLASS OR HAZARD, SO AS TO ALLOW STATUTORY EXCEPTIONS; TO AMEND SECTION 38-57-190, RELATING TO TYPES OF INSURANCE EXEMPT FROM RESTRICTIONS ON PREFERENCES, SO AS TO REVISE THE EXEMPT CATEGORIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-55-180 SO AS TO PROVIDE FOR THE SAFEGUARDING OF PREMIUMS OF INDUSTRIAL INSURANCE; AND TO REPEAL SECTIONS 38-71-130, 38-71-180, 38-71-380, 38-71-390, 38-71-400, 38-71-820, AND ARTICLE 7, CHAPTER 71 RELATING TO ACCIDENT AND HEALTH INSURANCE.
Rep. DANGERFIELD asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Derrick Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Kohn Koon Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on February 17, 1988.
Harriet Keyserling Roland S. Corning Philip T. Bradley T.W. Edwards, Jr.
STATEMENTS OF ATTENDANCE
Reps. PEARCE and GORDON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, February 11, 1988.
Rep. ELLIOTT signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 16, 1988.
I was not present during the session but arrived in time to attend the Committee meetings on Tuesday, February 16, 1988.
Rep. HELMLY
The SPEAKER granted Rep. T. ROGERS a leave of absence for the day due to illness.
Announcement was made that Dr. Larry R. Winn of Easley is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3399 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-53- 170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING BAIL BONDSMEN AND RUNNERS, SO AS TO DELETE THE PROVISION THAT LOITERING IN OR ABOUT A MAGISTRATE'S OFFICE OR ANY PLACE WHERE PRISONERS ARE CONFINED IS PRIMA FACIE EVIDENCE OF SOLICITING, TO PROVIDE THAT JUDICIAL OFFICERS, LAW ENFORCEMENT OFFICERS, AND JAILERS HAVE FULL RESPONSIBILITY, POWER, AND AUTHORITY TO ENFORCE CERTAIN PROVISIONS OF SECTION 38-53-170, AND TO REQUIRE THAT ANY ACTION TAKEN PURSUANT TO CERTAIN PROVISIONS OF SECTION 38-53-170 RESULTING IN A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE MUST BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
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. KIRSH moved to adjourn debate upon the Bill until Tuesday, February 23.
Rep. McABEE moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate on the Bill until Tuesday, February 23, which was rejected by a division vote of 26 to 34.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 16, by the Committee on Ways and Means.
Rep. McLELLAN explained the amendment.
Rep. WALDROP spoke in favor of the amendment.
Rep. McABEE spoke against the amendment.
Reps. J. ROGERS, HENDRICKS and SIMPSON objected to the Bill.
The following Bill was taken up.
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. WHIPPER proposed the following Amendment No. 2 (Doc. No. 1876J), which was adopted.
Amend the bill, as and if amended, Section 20-7-1895(F), as contained in SECTION 1, line 36, page 0625-3, after /referred./ by inserting /Only a "special needs child", as defined in Section 20-7-1650(j), may be referred under the provisions of this subsection./ so that when amended Section 20-7-1895(F) reads:
/ (F) The department shall refer appropriate children to regional and national exchanges when an adoptive family has not been identified within one hundred eighty days of the determination of the child's adoptable status. The department shall establish criteria by which a determination may be made that a referral to regional or national exchanges is not necessary, and the department shall monitor the status of those children not referred. Only a "special needs child", as defined in Section 20-7-1650(j), may be referred under the provisions of this subsection./
Amend title to conform.
Rep. WHIPPER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WINSTEAD moved to adjourn debate upon the following Bill until Tuesday, February 23, which was adopted.
S. 59 -- Senator Pope: A BILL TO AMEND SECTIONS 17-3-30 AND 17-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS, SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION, IF ONE EXISTS, OF THE COUNTY WHEREIN HE IS BEING REPRESENTED, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 16, by the Committee on Ways and Means.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Reps. McLELLAN, WINSTEAD, LEWIS, T. ROGERS, FELDER, KEYSERLING, L. MARTIN, EDWARDS, AYDLETTE, SHARPE, BLANDING, T.C. ALEXANDER, PEARCE, HUFF, TAYLOR, J. ROGERS, HARVIN, WASHINGTON, PETTY, MOSS, M.D. BURRISS, T.M. BURRISS, WALDROP, DANGERFIELD, E.B. McLEOD and M.O. ALEXANDER proposed the following Amendment No. 14 (Doc. No. 1733J), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, in Section 44-2-10 of the 1976 Code by striking /1987/ as contained on line 34 of page 2 and inserting /1988/.
Amend the report further, as and if amended, by striking Section 44-2-30 of the 1976 Code which begins on line 32 of page 4 in its entirety.
Amend the report further, as and if amended, by striking /state treasurer/ in Section 44-2-40 of the 1976 Code as contained on line 44 of page 4, and inserting /department/.
Amend the report further, as and if amended, in Section 44-2-40 by inserting immediately after /chapter./ as contained on line 27 of page 5 the following:
/In no event shall any more than ten dollars of the sixty dollars registration fee be used by the department for the administration of the underground petroleum storage tank regulatory program herein established.
(D) The provisions of this chapter and any regulations promulgated hereunder supersede and take precedence over any regulations of a governmental agency or department to the contrary./
Amend the report further, as and if amended, in Section 44-2-60 of the 1976 Code by striking /a regulated substance/ which begins on line 7 of page 7 and inserting /petroleum or petroleum products/.
Amend the report of the Committee on Ways and Means, as and if amended, by striking subsection (B) of Section 44-2-60 of the 1976 Code which begins on line 17 on page 7 and inserting:
/(B) Upon application for a registration sticker or certificate as described in subsection (A) above, the owner shall pay to the department an initial registration fee in the amount of sixty dollars per tank and an annual renewal fee of sixty dollars per tank per year./
Amend the report further, as and if amended, in Section 44-2-70 by striking /April 1, 1988/ which begins on line 23 of page 7 and inserting /January 1, 1989/.
Amend the report further, as and if amended, in Section 44-2-70 of the 1976 Code by striking /bodily injury and/ as contained on line 30 of page 7, and which also begins on line 42 of page 7.
Amend the report further, as and if amended, by adding Section 44-2-75 immediately following Section 44-2-70 of the 1976 Code to read:
/Section 44-2-75. (A) Any person who owns an underground storage tank containing petroleum or petroleum products who is unable to demonstrate financial responsibility in the minimum amounts specified in Section 44-2-70(A) may establish an insurance pool in order to demonstrate this financial responsibility. Any contract establishing an insurance pool shall provide for the requirements of items (1), (2), and (3) of this subsection.
(1) The election by pool members of a governing authority for the pool, which may be a board of directors, a majority of whom must be elected or appointed officials of pool members.
(2) A financial plan setting forth in general terms:
(a) The insurance coverages to be offered by the insurance pool, applicable deductible levels, and the maximum levels of claims which the pool will self-insure;
(b) the amount of cash reserves to be set aside for the payment of claims;
(c) the amount of insurance to be purchased by the pool to provide coverage over and above the claims which are not to be satisfied directly from the pool's resources; and
(d) the amount, if any, of aggregate excess insurance coverage to be purchased and maintained in the event that the insurance pool's resources are exhausted in a given fiscal period.
(3) A plan of management which provides for the following:
(a) The means of establishing the governing authority of the pool;
(b) the responsibility of the governing authority for fixing contributions to the pool, maintaining reserves, levying and collecting assessments for deficiencies, disposing of surpluses, and administration of the pool in the event of termination or insolvency;
(c) the basis upon which new members may be admitted to, and existing members may leave, the pool;
(d) the identification of funds and reserves by exposure areas; and
(e) those other provisions as are necessary or desirable for the operation of the pool.
(B) The formation and operation of an insurance pool under this section is subject to approval by the Chief Insurance Commissioner who may, after notice and hearing, establish reasonable requirements by regulation for the approval and monitoring of these pools, including prior approval of pool administrators and provisions for periodic examinations of financial condition.
(C) The Chief Insurance Commissioner may disapprove an application for the formation of an insurance pool, and may suspend or withdraw approval whenever he finds that the applicant or pool:
(1) has refused to submit its books, papers, accounts, or affairs to the reasonable inspection of the Commissioner or his representative;
(2) has refused, or its officers or agents have refused, to furnish satisfactory evidence of its financial and business standing or solvency;
(3) is solvent or is in such condition that its further transaction of business in this state is hazardous to its members and creditors in this state, and to the public;
(4) has refused or neglected to pay a valid final judgment against it within sixty days after its rendition;
(5) has violated any law of this state or has violated or exceeded the powers granted by its members;
(6) has failed to pay any fees, taxes, or charges imposed in this state within sixty days after they are due and payable, or within sixty days after final disposition or any legal contest with respect to liability therefor; or
(7) has been found insolvent by a court of any other state, or by the Insurance Commissioner or other proper officer or agency of any other state, and has been prohibited from doing business in that state./
Amend the report further, as and if amended, by striking Section 44-2-90 of the 1976 Code which begins on page 8 and inserting:
/(A) Any interest accruing on the Superb Account must be credited only to the Superb Account;
(B) The registration fee as described in Section 44-2-60(B) above must be paid by the owner of the underground petroleum tank to the department for a period of five years from the date of enactment of this chapter. Any funds remaining in the Superb Account after this five year period must be dedicated to a fund to be administered by the department for the purpose of cleaning up "orphan" sites, defined as those sites which demand a cleanup but where liability has not been, or cannot be, clearly established.
(C) At the end of the five year period referred to in subsection (B), the registration fee is reduced to ten dollars per year per tank and must be used by the department for the administration of the underground petroleum tank regulatory program herein established./
Amend the report further, as and if amended, by striking Section 44-2-100 of the 1976 Code as contained on page 9 in its entirety.
Amend the report further, as and if amended, in Section 44-2-110 by striking /1987/ on line 35 of page 9 and inserting /1988/, by striking /1988/ on line 36 of page 9 and inserting /1989/, by striking /1986/ on line 7 of page 10 and inserting /1987/, by striking /1988/ on line 7 of page 10 and inserting /1989/, by striking /1987/ on line 9 of page 10 and inserting /1988/, by striking /1986/ on line 19 of page 10 and inserting /1987/, and by striking /1986/ on line 27 of page 10 and inserting /1987/.
Amend the report further, as and if amended, in Section 44-2-110 of the 1976 Code by inserting immediately after /Superb Account,/ as contained on line 14 of page 10 /as available,/.
Amend the report further, as and if amended, in Section 44-2-130 of the 1976 Code by striking /this chapter/ as contained on line 35 of page 10 and inserting /Section 44-2-110 which defines the early detection incentive program/.
Amend the report further, as and if amended, by striking subsection (D) in Section 44-2-130 of the 1976 Code as contained on page 11 and inserting:
/(D)(1) No person is entitled to reimbursement from the Superb Account for site rehabilitation unless rehabilitation has been completed in accordance with cleanup criteria established by the department and the procedural requirements of this section have been met.
(2) No person is entitled to reimbursement from the Superb Account for the costs of repair or replacement of any tank or equipment./
Amend the report further, as and if amended, by striking subsection (E) in Section 44-2-130 as contained on page 11 and inserting:
/(E)(1) The provisions of this section do not apply to any site where the owner or operator cannot produce daily records of inventory control as required by law or regulation.
(2) The provisions of this section do not apply to any site where the underground storage tanks have not been registered in compliance with provisions of applicable law or regulation.
(3) The provisions of this section do not apply to any site where the owner of the underground petroleum tank has not paid the sixty dollars per tank per year registration fee./
Amend the report further, as and if amended, by striking the last sentence of subsection (I) of Section 44-2-130 of the 1976 Code which sentence begins on line 2 of page 13 and inserting:
/The department shall make payments from the Superb Account for any approved reimbursement as funds are available./
Renumber sections to conform.
Amend title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Rep. McTEER proposed the following Amendment No. 15.
Amend as and if amended by striking the final Section and inserting an appropriately numbered Section as follows:
Section
This act shall take effect upon the approval of the Governor and upon adoption of federal regulations requiring that owners of underground tanks as described in this act maintain financial responsibility in the amount of one million dollars or more for corrective action or cleanup of such releases.
Amend title to conform.
Rep. McTEER explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 15, Rep. McTEER having the floor.
Rep. FELDER moved that the House recur to the morning hour.
Rep. KEYSERLING moved to table the motion to recur to the morning hour, which was agreed to by a division vote of 38 to 33.
The following Bill was taken up.
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.
Reps. M.O. ALEXANDER, BAKER, BLACKWELL, MATTOS, RICE, HASKINS and CLYBORNE proposed the following Amendment No. 1 (Doc. No. 1890J), which was tabled.
Amend the bill, as and if amended, in Section 59-32-30 of the 1976 Code by striking the second sentence of subsection (C) which begins on line 15 of page 5 and inserting:
/The required health instruction for students in grades 6 through 12 must be given as a separate course and must be listed as a separate course on the student's subject selection card. Students shall select this course in the same manner and at the same times that other courses of instruction are selected during the school year./
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Rep. GILBERT spoke against the amendment.
The SPEAKER granted Rep. LEWIS a leave of absence for the day to attend a funeral.
Rep. GILBERT continued speaking.
Rep. FOSTER moved to table the amendment.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Aydlette Bailey, K. Barfield Baxley Beasley Bennett Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, T.M. Carnell Chamblee Cole Corning Day Edwards Elliott Faber Felder Ferguson Foster Foxworth Gentry Gilbert Harris, J. Harris, P. Hearn Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen McGinnis McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Sheheen Shelton Short Simpson Snow Taylor Townsend Tucker Waldrop Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Blackwell Bradley, P. Burriss, M.D. Clyborne Cooper Dangerfield Davenport Fair Haskins Huff Humphries Koon Limehouse McEachin Pettigrew Petty Sharpe Stoddard Sturkie Thrailkill Wells
So, the amendment was tabled.
Reps. M.O. ALEXANDER, BLACKWELL, MATTOS, RICE, HASKINS and CLYBORNE proposed the following Amendment No. 2 (Doc. No. 1894J), which was adopted.
Amend the bill, as and if amended, in Section 59-32-70 of the 1976 Code by inserting immediately after /teacher/ on line 36 of page 6 and immediately after /who/ on line 37 of page 6 /wilfully and intentionally/.
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Reps. M.O. ALEXANDER, BAKER, BLACKWELL, MATTOS, RICE, HASKINS and CLYBORNE proposed the following Amendment No. 3 (Doc. No. 1893J).
Amend the bill, as and if amended, by adding a new Section 59-32-55 to read:
/Section 59-32-55. The class size of the required health instruction courses or classes in grades 6 through 12 may not exceed thirty students per class./
Renumber sections to conform.
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment and moved to adjourn debate upon the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Baxley Beasley Boan Brown, G. Brown, H. Brown, J. Carnell Faber Foster Gilbert Harris, J. Harris, P. Helmly Hodges Johnson, J.W. Kay Keyserling Kirsh Klapman Martin, D. McAbee McBride McElveen McLeod, E.B. McTeer Neilson Nettles Rogers, J. Rudnick Sheheen Shelton Short Snow Taylor Townsend Tucker Waldrop Whipper White Wilder
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Baker Barfield Blackwell Bradley, P. Brown, R. Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corning Dangerfield Davenport Day Edwards Elliott Fair Ferguson Haskins Hearn Hendricks Huff Humphries Johnson, J.C. Jones Koon Lanford Limehouse Lockemy Mappus Martin, L. Mattos McEachin McGinnis McKay Moss Nesbitt Pettigrew Petty Phillips, O. Rice Sharpe Simpson Stoddard Sturkie Thrailkill Wells Wilkins Winstead
So, the House refused to table the amendment.
The question then recurred to the motion to adjourn debate on the amendment, which was agreed to.
Reps. FAIR and HASKINS proposed the following Amendment No. 6 (Doc. No. 1907J), which was adopted.
Amend the bill, as and if amended, Section 59-32-10(4)(c), as contained in SECTION 3, page 0546-4, line 5, after /fifth./ by inserting /Contraceptive information must be given in the context of future family planning./.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Reps. HASKINS, BARFIELD and HUFF proposed the following Amendment No. 9 (Doc. No. 1801J), which was tabled.
Amend the bill, as and if amended, page 6, by inserting immediately after /student's/ on line 11 /opportunity for/.
Amend further, as and if amended, page 6, by striking lines 16 through 24 and inserting /Any child not enrolled with the written consent of his parent or guardian is exempt from courses concerning reproductive health, family life, and pregnancy prevention. No student must be penalized as a result/.
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. KEYSERLING spoke against the amendment.
Rep. FAIR spoke in favor of the amendment.
The SPEAKER granted Rep. KLAPMAN a leave of absence for the remainder of the day.
Rep. FAIR continued speaking.
Rep. TOWNSEND spoke against the amendment and moved to table the amendment.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Blanding Boan Brown, G. Brown, H. Brown, J. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Cole Cooper Cork Corning Dangerfield Day Edwards Elliott Faber Felder Ferguson Foster Foxworth Gentry Gilbert Harris, J. Harris, P. Hearn Helmly Hendricks Hodges Holt Johnson, J.W. Kay Keyserling Kirsh Lockemy Mappus Martin, D. Martin, L. McAbee McBride McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Sheheen Shelton Short Simpson Snow Taylor Townsend Tucker Waldrop Whipper White Wilder Wilkins
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Baker Barfield Baxley Beasley Blackwell Bradley, P. Brown, R. Clyborne Davenport Derrick Fair Haskins Huff Humphries Johnson, J.C. Jones Koon Lanford Limehouse McCain McEachin Pettigrew Petty Sharpe Stoddard Sturkie Thrailkill Wells Winstead
So, the amendment was tabled.
The SPEAKER granted Rep. WALDROP a leave of absence for the remainder of the day.
Rep. FAIR proposed the following Amendment No. 10 (Doc. No. 1796J), which was tabled.
Amend the bill, as and if amended, Section 59-32-30, as contained in SECTION 3, by inserting an appropriately lettered subsection after line 38, page 0546-6 to read:
/(__) Instruction in family life and pregnancy prevention education must be presented separately to male and female students./
Reletter subsections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, K. Baxley Beasley Boan Brown, J. Cole Dangerfield Day Faber Foster Gentry Gilbert Harris, J. Harris, P. Helmly Hendricks Hodges Johnson, J.W. Kay Keyserling Kirsh Martin, D. Martin, L. McAbee McBride McGinnis McLellan McTeer Neilson Nesbitt Nettles Phillips, L. Phillips, O. Rogers, J. Rudnick Sheheen Shelton Short Snow Townsend Tucker Waldrop Whipper White Wilder
Those who voted in the negative are:
Alexander, M.O. Arthur Aydlette Baker Barfield Blackwell Blanding Bradley, P. Brown, G. Brown, H. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Davenport Derrick Edwards Elliott Fair Felder Ferguson Foxworth Haskins Hearn Holt Huff Humphries Johnson, J.C. Jones Koon Lanford Limehouse Lockemy Mappus Mattos McCain McEachin McElveen McKay McLeod, E.B. Moss Pettigrew Petty Rhoad Rice Sharpe Simpson Stoddard Sturkie Taylor Thrailkill Wells Wilkins Winstead
So, the House refused to table the amendment.
Reps. KEYSERLING, BOAN, FOSTER and GILBERT spoke against the amendment.
Rep. J. BROWN spoke upon the amendment.
Reps. HASKINS, HUFF, FERGUSON and WELLS spoke in favor of the amendment.
Rep. FAIR moved to adjourn debate upon the amendment.
Rep. FOSTER moved to table the motion to adjourn debate.
Rep. FERGUSON moved that the House recede for 2 minutes.
Rep. P. BRADLEY moved that the House do now adjourn.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Arthur Aydlette Baker Barfield Bradley, P. Brown, H. Burriss, M.D. Carnell Chamblee Clyborne Davenport Day Fair Felder Ferguson Harvin Helmly Hendricks Holt Huff Humphries Johnson, J.C. Jones Koon Limehouse Mattos McAbee Moss Pettigrew Phillips, O. Rhoad Rice Sharpe Short Simpson Sturkie Taylor Thrailkill Tucker Wells Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Bailey, K. Beasley Blackwell Blanding Boan Brown, J. Burch Burriss, T.M. Cole Cork Corning Dangerfield Derrick Elliott Faber Foster Foxworth Gentry Gilbert Harris, J. Haskins Hearn Hodges Johnson, J.W. Kay Keyserling Kirsh Lanford Lockemy Mappus Martin, D. Martin, L. McBride McCain McEachin McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Pearce Petty Phillips, L. Rogers, J. Rudnick Sheheen Shelton Snow Stoddard Townsend Whipper White
So, the House refused to adjourn.
Rep. McTEER moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, K. Baxley Beasley Blanding Boan Brown, J. Burch Carnell Dangerfield Elliott Faber Foster Gentry Gilbert Harris, J. Helmly Hendricks Hodges Holt Johnson, J.W. Kay Keyserling Kirsh Lockemy Martin, D. Martin, L. Mattos McBride McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Pearce Phillips, L. Rice Rogers, J. Rudnick Sheheen Shelton Short Snow Townsend Tucker Whipper White Wilder Wilkins
Those who voted in the negative are:
Alexander, M.O. Arthur Bailey, G. Baker Barfield Blackwell Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cork Corning Davenport Day Derrick Edwards Fair Felder Ferguson Foxworth Harvin Haskins Hearn Huff Humphries Johnson, J.C. Jones Koon Lanford Limehouse Mappus McAbee McCain McEachin Moss Pettigrew Petty Phillips, O. Rhoad Sharpe Simpson Stoddard Sturkie Taylor Thrailkill Wells Winstead
So, the amendment was tabled.
Reps. HASKINS and BARFIELD proposed the following Amendment No. 11 (Doc. No. 1799J), which was tabled.
Amend the bill, as and if amended, page 7, by striking SECTION 4 in its entirety.
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. J. ROGERS moved to table the amendment, which was agreed to by a division vote of 69 to 22.
Rep. NESBITT moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
At 5:25 P.M. the House in accordance with the motion of Rep. NESBITT adjourned to meet at 10:00 A.M. tomorrow.
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