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:
O Lord our God, in Whom we live and from Whom we receive all blessings, help us to live this day and every day in the knowledge that we are under the scrutiny of Your-all-seeing eye. Make us to remember that You are not only our Creator, but also our Judge and that our accountability is to You. Keep our lives from being cluttered with things that do not matter and our time from being squandered on trivia. May no weariness of mind or body cause us to compromise with the highest and the best in life. Rule over our deliberations that we may in concert use our maximum efforts to promote the general welfare for our contemporary generation and for all posterity. 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.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3585 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 33, CHAPTER 17, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND LIABILITIES FOR ACTIONS PERTAINING TO RAILROADS, BY ADDING SECTION 58-17-4095 SO AS TO PROHIBIT VEHICULAR TRESPASS ON RAILROAD RIGHTS-OF-WAY IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
The following was introduced:
H. 3788 -- Reps. Stoddard, Foxworth, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 11:00 A.M. ON WEDNESDAY, APRIL 13, 1988, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL AND MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE COLLEGE, THE UNIVERSITY OF SOUTH CAROLINA, WINTHROP COLLEGE, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1988.
The Concurrent Resolution was ordered referred to the Committee on Rules.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3789 -- Reps. Lanford, Davenport, Fair, Cole, McEachin, Wells, Shelton, Lockemy, Barfield, Humphries, McGinnis, Nesbitt and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-60 SO AS TO REQUIRE NOTICES REQUIRED BY LAW TO BE MAILED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, EXCEPT BY REGISTERED OR CERTIFIED MAIL, TO HAVE PRINTED ON THE ENVELOPE "PLEASE FORWARD".
Referred to Committee on Education and Public Works.
H. 3790 -- Reps. Lanford and Davenport: A BILL TO AMEND SECTION 24-3-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF COUNTY PRISONERS FOR LITTER REMOVAL, SO AS TO ALLOW A REDUCTION OF A PRISONER'S SENTENCE BY ONE DAY FOR EACH DAY HE SERVES IN LITTER REMOVAL.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3791 -- Reps. Lanford, Davenport, Humphries, Cork and McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4155 SO AS TO REQUIRE COMBINATIONS OF VEHICLES KNOWN AS TWIN-TRAILERS OR TANDEM-TRAILERS TO LEAVE INTERSTATE HIGHWAYS AND PARK OR TAKE ALTERNATE ROUTES WHEN ROADS ARE HAZARDOUS BECAUSE OF ICE OR SNOW, UNLESS THEY ARE EQUIPPED WITH TIRE CHAINS OR SNOW TIRES.
Referred to Committee on Education and Public Works.
H. 3792 -- Rep. Fair: A BILL TO AMEND ARTICLE 13, CHAPTER 1 OF TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT AND RETIREMENT BENEFITS UNDER THE STATE RETIREMENT SYSTEM, BY ADDING SECTION 9-1-1856 SO AS TO PROVIDE THAT CERTAIN PERSONNEL COST SAVINGS REALIZED BY A STATE AGENCY OR DEPARTMENT DURING A REORGANIZATION MUST BE DISTRIBUTED TO QUALIFYING EMPLOYEES WHO ELECT TO RETIRE PURSUANT TO THE PROVISIONS OF SECTION 9-1-1850, WHICH PERMITS THE PURCHASE OF ADDITIONAL SERVICE CREDITS FOR PURPOSES OF RETIREMENT BY EMPLOYEES WITH TWENTY-FIVE YEARS OR MORE OF CREDITABLE SERVICE.
Referred to Committee on Ways and Means.
H. 3793 -- Rep. Koon: A BILL TO AMEND SECTION 20-3- 130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES, SO AS TO PROVIDE THAT NO PARTY WHO SUES FOR SEPARATION OR DIVORCE MAY BE AWARDED ALIMONY OR SEPARATE MAINTENANCE AT ANY TIME DURING THAT SUIT OR AT ANY LATER TIME, NOR MAY ANYONE BE AWARDED ANY INCREASE IN ALIMONY OR SEPARATE MAINTENANCE PAYMENTS WHICH ARE AWARDED BEFORE OR AFTER THE EFFECTIVE DATE OF THIS ACT UNLESS THE OTHER PARTY IS OR WAS STRICTLY PROVEN TO BE GUILTY OF ADULTERY, DESERTION, PHYSICAL CRUELTY, OR ALCOHOL OR DRUG ABUSE, PROVIDE FOR WHEN THE PROOF MUST BE GIVEN, AND PROVIDE FOR WHAT THE COURT MAY CONSIDER IN DETERMINING WHETHER ALIMONY OR SEPARATE MAINTENANCE PAYMENTS ARE TO BE AWARDED; AND TO AMEND SECTIONS 20-3-120, 20-3-140, AND 20-3-170, RELATING TO ALIMONY OR TO SUIT MONEY AND ALIMONY, SO AS TO SUBJECT THE PROVISIONS OF THOSE SECTIONS TO SECTION 20-3-130.
Referred to Committee on Judiciary.
H. 3794 -- Rep. Gentry: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SALUDA YOUNG FARMERS CHAPTER IN SALUDA COUNTY.
On motion of Rep. GENTRY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3795 -- Rep. J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-55-175 SO AS TO PROVIDE THAT ANY MONETARY CONSIDERATION TENDERED BY AN INSURANCE COMPANY IN SETTLEMENT OF A CLAIM OR JUDGMENT AGAINST IT OR ONE OF ITS INSUREDS MUST BE IN THE FORM OF A CERTIFIED CHECK OR CASHIER'S CHECK.
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. Barfield Baxley Beasley Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. , Brown, R. Burch Burriss, M.D. Burriss, T.M. Chamblee Cooper Cork Dangerfield Davenport Day Derrick Faber Fair Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Neilson Nesbitt Nettles Petty Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Thrailkill Townsend Tucker Washington Wells Whipper White Wilder Wilkins Winstead
I came in after the roll call and was present for the Session on February 18, 1988.
Jennings McAbee John W. Pettigrew Luther Taylor H.E. Pearce, Jr. C. Lenoir Sturkie James G. Mattos Paul Short Lewis Phillips Robert A. Kohn Roland S. Corning Dave C. Waldrop Marion P. Carnell L. Edward Bennett B.O. Baker Donna Moss T.W. Edwards Dill Blackwell John H. Burriss Ken Bailey Jean Harris John Felder Larry Koon Derham Cole Dick Elliott
STATEMENTS OF ATTENDANCE
Reps. SHEHEEN and LIMEHOUSE 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. KOON signed a statement with the Clerk that he came in after the roll call and was present for the Session on Thursday, January 21, 1988.
Reps. GREGORY, WASHINGTON, J. BRADLEY, HARVIN and LIMEHOUSE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, February 17, 1988.
The SPEAKER granted Rep. J. HARRIS a temporary leave of absence.
The SPEAKER excused Rep. BLACKWELL at 10:00 A.M. to represent the House at a brief meeting of the Joint Legislative Committee on Personal Service Financing and Budgeting.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
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.
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.
H. 3765 -- Rep. Pearce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF NAKATO S.C., INC.
On motion of Rep. HODGES, with unanimous consent, it was ordered that H. 3787 be read the third time tomorrow.
On motion of Rep. PEARCE, with unanimous consent, it was ordered that H. 3765 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 15, Rep. McTEER having the floor.
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. 15, which was proposed on Wednesday, February 17, by Rep. McTEER.
Rep. McTEER moved to table the amendment, which was agreed to.
Rep. McTEER proposed the following Amendment No. 2 (Doc. No. 5108Y), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, by striking the sentence which begins on line 30 of page 2981-6 and inserting:
/The department shall also establish criteria for the rehabilitation of any site contaminated with petroleum or petroleum products released from an underground storage tank, the criteria and documentation necessary for an application for direct billing of site rehabilitation costs to the Superb Account, and general procedures that response action contractors must follow during clean up./
Amend the report further, as and if amended, by striking item (3) of Section 44-2-110 of the 1976 Code which begins on line 24 of page 2981-10 and inserting:
/(3) The provisions of this section must not be construed to authorize or require direct billing to the Superb Account for costs expended prior to December 31, 1986./
Amend the report further, as and if amended, by striking Section 44-2-130 of the 1976 Code which begins on page 2981-10 and inserting:
/Section 44-2-130. (A) To encourage voluntary rehabilitation, a person conducting site rehabilitation under this chapter, either through his own personnel or through response action contractors or subcontractors, is entitled to directly bill the Superb Account for reasonable costs incurred in connection with the site rehabilitation if prior approval therefor is obtained from the department. Prior to or during the grace period established under the early detection incentive program, the person is eligible to directly bill all reasonable costs incurred in connection with site rehabilitation. Subsequent to the grace period and so long as funds are available in the Superb Account, the person is eligible to directly bill reasonable costs incurred in excess of one hundred thousand dollars or in excess of the amount recoverable from the financial responsibility mechanism provided for this purpose, whichever is less.
(B) Notwithstanding subsection (A), no person is entitled to directly bill more than one million dollars to the Superb Account for costs incurred in connection with site rehabilitation.
(C) No person is entitled to directly bill the Superb Account for rehabilitation of any site excluded from participation in the early detection incentive program as established herein.
(D) No person is entitled to directly bill the Superb Account for site rehabilitation unless rehabilitation is conducted in accordance with cleanup criteria established by the department and the procedural requirements of this section have been met.
(E) No person is entitled to directly bill the Superb Account for the costs of repair or replacement of any tank or equipment.
(F) Direct billing to the Superb Account by a person conducting site rehabilitation either through his own personnel or through response action contractors or subcontractors is not considered a state contract or subject to state bid requirements.
(G)(1) At least sixty days before initiating site rehabilitation, written notice of this intention must be submitted to the department together with sufficient demonstration of sites and conditions prior to the initiation of cleanup.
(2) The person responsible for conducting the site rehabilitation or his agents shall keep and preserve suitable records of hydrological and other site assessments, site plans, contracts, accounts, invoices, or other transactions related to the cleanup and rehabilitation and the records must be accessible to the department during regular business hours.
(3) Within thirty days of receipt of notice of intent to initiate site rehabilitation, the department shall make a determination and provide written notice as to whether the person responsible for site rehabilitation is eligible or ineligible for participation in the early detection incentive program as provided for herein. Should the department determine the applicant is ineligible, it shall include in its written notice an explanation setting forth in detail the reasons for the determination.
(H)(1) Upon cessation of site rehabilitation, the person responsible for conducting the site rehabilitation shall submit to the department within thirty days of the cessation a written notice that site rehabilitation has been completed.
(2) No later than thirty days after submission of the notice of completion of site rehabilitation, the person responsible for conducting site rehabilitation shall submit to the department evidence of proper site rehabilitation. Costs for the site rehabilitation may be directly billed to the Superb Account in the manner the department shall provide, except that prior approval for direct billing must be obtained from the department before any direct billing may be done.
(I) Upon receipt of a complete application for direct billing to the Superb Account for site rehabilitation, the department shall make those investigations and inquiries as are necessary to enable the department to approve or deny the application. Upon final determination the department shall provide written notice to the applicant of its findings setting forth in detail the reason for the approval or denial and the amount approved for direct billing. The department shall then request the State Treasurer to make payment of approved direct billings from the Superb Account.
(J) The provisions of this section do not apply to rehabilitation of any site owned or operated by the federal government./
Amend title to conform.
Rep. McTEER 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. McLELLAN, with unanimous consent, it was ordered that H. 2981 be read the third time tomorrow.
Rep. McLELLAN moved to adjourn debate upon the following Bill until Tuesday, February 23, which was adopted.
H. 3412 -- Reps. M.O. Alexander, Blackwell, L. Phillips, T.C. Alexander and Mattos: A BILL TO AMEND SECTION 12-43-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS AND APPEAL PROCEDURES FOR PROPERTY TAX REASSESSMENTS, SO AS TO REQUIRE REASSESSMENT NOTICES TO BE MAILED TO TAXPAYERS ON OR BEFORE THE THIRD MONDAY IN JUNE OF THE REASSESSMENT YEAR AND TO REQUIRE THE NOTICE TO CONTAIN BOTH THE PRIOR MARKET VALUE, THE MARKET VALUE FOLLOWING REASSESSMENT, THE PERCENTAGE CHANGES AND LOCATION OF THE PROPERTY, AND TO REQUIRE THE TAX COMMISSION TO PRESCRIBE A STANDARD REASSESSMENT FORM DESIGNED TO PROVIDE THE REQUIRED INFORMATION IN AN EASILY UNDERSTOOD MANNER; AND TO AMEND SECTION 12-43-210, RELATING TO UNIFORM ASSESSMENTS FOR PURPOSES OF PROPERTY TAXATION, SO AS TO REQUIRE ALL REAL PROPERTY IN A COUNTY TO BE REASSESSED IN ANY REASSESSMENT PROGRAM.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1472J) which was adopted.
Amend the bill, as and if amended, in Section 39-61-10(3) of the 1976 Code, as contained in SECTION 1, page 2, lines l, 2, and 3, by striking /does not have a permanent or fixed place of business in this State and who/ so that when amended Section 39-61-10 (3) shall read:
/(3) 'Principal' means a person who:
(a) manufactures, produces, imports, or distributes a tangible product for wholesale;
(b) contracts with a sales representative to solicit orders for the product; and
(c) compensates the sales representative, in whole or in part, by commission./
Amend further in Section 39-61-20, page 2, line 4, by inserting after /commissions/ /that have/; on line 5, by striking /accrued/ and inserting /or will accrue/; and on lines 6 and 7, by striking /within fourteen days after the effective date of the termination/ and inserting /according to the terms of the contract/ so that when amended Section 39-61 -20 shall read:
/Section 39-61-20. When a contract between a sales representative and a principal is terminated for any reason, the principal shall pay the sales representative all commissions that have or will accrue under the contract to the sales representative according to the terms of the contract./
Amend further by adding after Section 39-61-70, page 3:
/Section 39-61 -80. Any person bringing an action under the provisions of this chapter may not bring an action under the provisions of Section 41-10-10./
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, February 23, which was adopted.
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. TAYLOR moved to adjourn debate upon the following Bill until Tuesday, February 23, which was adopted.
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.
The following Joint Resolution was taken up.
H. 3282 -- Reps. Aydlette, McElveen, Lockemy, H. Brown, Thrailkill, Moss, Winstead, G. Bailey, Haskins, Whipper, Mappus, Kay, Klapman, Townsend, Blackwell, Corning, White, Elliott, Derrick, Koon, Simpson, P. Bradley, Wells, Pettigrew, McAbee, Petty, R. Brown, McGinnis, Nesbitt, Wilder, Ogburn, Day, Cooper, Davenport, Baker, T.C. Alexander, J.C. Johnson, McCain, Clyborne and McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37 SO AS TO PROHIBIT ANY REGULATION PROMULGATED BY A STATE AGENCY, BOARD, COMMISSION, COMMITTEE, OR DEPARTMENT FROM BECOMING EFFECTIVE UNLESS APPROVED BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY AND TO ALLOW THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE PROMULGATION OF EMERGENCY REGULATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1858J).
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Article III of the Constitution of this State be amended by adding:
"Section 37. No regulation setting, increasing, or expanding the class of persons subject to a fee promulgated by a state agency, board, commission, committee, or department may become effective unless approved by the General Assembly by concurrent resolution."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article III of the Constitution of this State be amended so as to prohibit any regulation setting, increasing, or expanding the class of persons subject to a fee promulgated by a state agency, board, commission, committee, or department from becoming effective unless approved by concurrent resolution by the General Assembly?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. AYDLETTE explained the amendment.
Reps. WASHINGTON, RUDNICK and GORDON objected to the Resolution.
The following Bill was taken up.
H. 3771 -- Education and Public Works Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 130 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, BY ADDING CHAPTER 133 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR FRANCIS MARION COLLEGE, AND BY ADDING CHAPTER 135 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR LANDER COLLEGE; TO AMEND SECTION 59-131-10, RELATING TO AUTHORIZATION TO THE STATE COLLEGE BOARD OF TRUSTEES TO PROVIDE PARKING FACILITIES AT THE COLLEGE OF CHARLESTON, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES, PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 59-131-30, RELATING TO PARKING FACILITIES AT THE COLLEGE OF CHARLESTON AND THE REQUIREMENT THAT BONDS ARE PAYABLE SOLELY FROM REVENUES OF PARKING FACILITIES, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON; TO AMEND SECTION 59-101-10, RELATING TO THE DESIGNATION OF STATE COLLEGES AND UNIVERSITIES, SO AS TO, AMONG OTHER THINGS, LIST THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE AS SEPARATE AND DISTINCT INSTITUTIONS, EACH UNDER ITS SEPARATE GOVERNING BOARD: TO AMEND SECTION 59-101-20, RELATING TO THE TRANSFER OF THE COLLEGE OF CHARLESTON TO THE STATE, SO AS TO DELETE PROVISIONS RELATING TO THE COLLEGE BEING GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES AND CERTAIN OTHER OBSOLETE PROVISIONS; TO AMEND SECTION 59-101-30, RELATING TO THE TRANSFER OF LANDER COLLEGE TO THE STATE, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND THE PROVISION THAT THE COLLEGE IS GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-111-340, RELATING TO THE INSTITUTIONS TO WHICH THE LAWS DEALING WITH FREE TUITION FOR RESIDENTS SIXTY-FIVE YEARS OF AGE APPLY, SO AS TO DELETE REFERENCE TO INSTITUTIONS UNDER THE JURISDICTION OF THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-112-10, RELATING TO THE DEFINITION OF "STATE INSTITUTION" FOR PURPOSES OF THE LAWS DEALING WITH DETERMINATION OF RATES OF TUITION AND FEES, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND TO LIST THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE; TO REPEAL CHAPTER 105 OF TITLE 59, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES; TO PROVIDE THAT MEMBERS OF THE STATE COLLEGE BOARD OF TRUSTEES WHO ARE SERVING TERMS ON THAT BOARD ON THE EFFECTIVE DATE OF THIS ACT MAY, AT THEIR OPTION, SERVE AS TRUSTEES ON THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, OR LANDER COLLEGE; AND TO PROVIDE FOR THE ELECTION OF THE INITIAL MEMBERS OF THE SEPARATE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, AND LANDER COLLEGE.
Rep. BEASLEY explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill.
Rep. LIMEHOUSE moved that House recur to the morning hour.
Rep. L. PHILLIPS raised the Point of Order that the motion to recur to the morning hour was out of order as the member was not in his seat when the motion was made.
The SPEAKER sustained the Point of Order and ruled the motion out of order.
The following was received.
Columbia, S.C., February 18, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:15 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. J. ROGERS the invitation was accepted.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
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. HASKINS and BARFIELD proposed the following Amendment No. 12 (Doc. No. 1804J), which was adopted.
Amend the bill, as and if amended, page 4, by striking lines 23 through 26 and inserting /instruction in reproductive health education, family life education, and, at the discretion of the local board, pregnancy prevention;/.
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. HASKINS, with unanimous consent, amended the amendment at the desk.
Rep. FAIR spoke in favor of the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 13 (Doc. No. 1756J), which was adopted.
Amend the bill, as and if amended, Section 59-32-30, page 0546-6, after line 38, by adding an appropriately lettered subsection to read:
/(___) Any course or instruction in sexually transmitted diseases must be taught within the reproductive health, family life, or pregnancy prevention education components, or it must be presented as a separate component./
Amend further, Section 59-32-50, by striking the sentence beginning on line 4, page 0546-7, and inserting:
/Pursuant to policies and guidelines adopted by the local school board, public school principals shall develop a method of notifying parents of students in the relevant grades of the content of the instructional materials concerning reproductive health, family life, pregnancy prevention, and sexually transmitted diseases if instruction in the diseases is presented as a separate component./
Reletter subsections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Rep. HOLT moved immediate cloture on the entire matter.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Bailey, K. Baxley Beasley Bennett Brown, H. Brown, J. Burch Burriss, M.D. Burriss, T.M. Chamblee Cooper Dangerfield Day Faber Foster Gentry Gregory Harris, P. Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Mappus Martin, D. Mattos McBride McGinnis McKay McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Pearce Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Sharpe Sheheen Shelton Short Snow Taylor Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins
Those who voted in the negative are:
Alexander, M.O. Arthur Aydlette Baker Barfield Blackwell Bradley, J. Bradley, P. Brown, G. Carnell Clyborne Cole Cork Corning Davenport Derrick Edwards Fair Ferguson Foxworth Haskins Humphries Johnson, J.C. Lanford Limehouse Lockemy Martin, L. McAbee McCain McEachin Moss Pettigrew Petty Phillips, O. Rudnick Simpson Stoddard Sturkie Thrailkill Wells Winstead
So, immediate cloture was invoked.
Reps. HASKINS and BARFIELD proposed the following Amendment No. 14 (Doc. No. 1791J), which was tabled.
Amend the bill, as and if amended, page 4, by striking /shall/ on line 22 and inserting /is eligible to/.
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. KEYSERLING spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 62 to 16.
Reps. HASKINS and BARFIELD proposed the following Amendment No. 15 (Doc. No. 1794J).
Amend the bill, as and if amended, page 5, by inserting immediately after /may/ on line 22 /dispense contraceptives or/.
Amend title to conform.
Rep. HASKINS moved to adjourn debate upon the amendment, which was adopted.
Rep. FAIR proposed the following Amendment No. 16 (Doc. No. 1798J), which was tabled.
Amend the bill, as and if amended, Section 59-32-10(5), as contained in SECTION 3, by striking the sentence beginning on line 11, page 0546-4, and inserting /For purposes of this chapter, programs or services provided by the Department of Health and Environmental Control in educational settings under the jurisdiction of the local school board must be approved by the board./
Amend title to conform.
Rep. FAIR moved to table the amendment, which was agreed to.
Reps. HASKINS and BARFIELD proposed the following Amendment No. 17 (Doc. No. 1805J), which was adopted.
Amend the bill, as and if amended, page 3, by striking /contraception/ on line 1 and inserting /birth control/.
Amend title to conform.
Rep. HASKINS explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 18 (Doc. No. 1909J), which was adopted.
Amend the bill, as and if amended, Section 59-32-30(A)(1), line 5, page 0546-5, after /included/ by inserting /. Grades kindergarten through 7 may not include information on the subject of homosexuality/.
Amend further, Section 59-32-30(B), line 4, page 0546-6, after /education./ by inserting /If the subject of homosexuality is included as part of the instructional unit, the information on homosexuality must present homosexual behavior as unnatural, unhealthy, and illegal and may not include information that promotes the behavior./
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. NESBITT spoke against the amendment and moved to table the amendment.
Rep. BAKER demanded the yeas and nays, which were not ordered.
So, the House refused to table the amendment by a division vote of 46 to 47.
Rep. TOWNSEND spoke against the amendment.
Rep. FAIR spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. Haskins demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Blackwell Boan Bradley, P. Brown, G. Brown, H. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Fair Ferguson Gentry Gordon Harris, P. Haskins Hayes Hearn Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Klapman Lewis Lockemy Mappus Martin, L. McCain McEachin McKay McLellan McLeod, E.B. Moss Nettles Pettigrew Petty Phillips, O. Rice Sharpe Sheheen Short Simpson Snow Sturkie Taylor Thrailkill Tucker Waldrop Wells Wilkins Winstead
Those who voted in the negative are:
Altman Bailey, K. Bennett Brown, J. Carnell Faber Foster Hodges Kay Keyserling Kirsh Martin, D. McAbee McBride McGinnis McTeer Neilson Nesbitt Pearce Phillips, L. Rogers, J. Rogers, T. Rudnick Shelton Townsend Washington Whipper White Wilder
So, the amendment was adopted.
Rep. FAIR proposed the following Amendment No. 19 (Doc. No. 1941J), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ______. Section 20-7-280 of the 1976 Code is amended to read:
"Section 20-7-280. Any minor who has reached the age of sixteen years may consent to any health services from a person authorized by law to render the particular health service for himself, and the consent of no other person shall be is necessary unless such the service involves an operation which shall may be performed only if such the operation is essential to the health or life of such the child in the opinion of the performing physician and a consultant physician if one is available. However, no birth control device or medication may be distributed to a minor sixteen years of age or younger without the consent of the minor's parent or legal guardian."/
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. TOWNSEND raised the Point of Order that Amendment No. 19 was out of order as it was not germane to the Bill.
The SPEAKER overruled the Point of Order.
Rep. KEYSERLING then raised the Point of Order that the amendment was out of order as it dealt with all minors, not simply the education of minors.
The SPEAKER, after review, stated that the amendment dealt with a different Code Section than the Bill, and went beyond the applications of the Bill. He then reversed his ruling, sustained the Point of Order, and ruled the amendment out of order.
Reps. TOWNSEND, McGINNIS, NESBITT and SHELTON proposed the following Amendment No. 20 (Doc. No. 1768J), which was adopted.
Amend the bill, as and if amended, by deleting Section 59-32-70, as contained in SECTION 3, beginning on line 36, page 0546-7.
Amend further SECTION 3, line 43, page 0546-7, by striking /80/ and inserting /70/.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep BLACKWELL spoke against the amendment.
Rep. T.M. BURRISS 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, M.O. Alexander, T.C. Arthur Baker Barfield Baxley Beasley Blackwell Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Derrick Fair Foxworth Gordon Haskins Hearn Helmly Humphries Keyserling Klapman Lanford Lewis Limehouse Mappus Martin, L. McCain McEachin McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Pettigrew Petty Rice Rogers, J. Sharpe Sturkie Taylor Thrailkill Wells
Those who voted in the negative are:
Altman Aydlette Bailey, G. Blanding Boan Brown, J. Burch Carnell Chamblee Cole Dangerfield Day Elliott Faber Ferguson Foster Gentry Gregory Harris, P. Hayes Hendricks Holt Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Lockemy Martin, D. Mattos McAbee McBride McGinnis McKay Nesbitt Nettles Pearce Phillips, L. Phillips, O. Rhoad Rogers, T. Rudnick Sheheen Shelton Short Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Winstead
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 54 to 47.
Reps. TOWNSEND, McGINNIS, NESBITT and SHELTON proposed the following Amendment No. 21 (Doc. No. 1762J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 5, beginning on line 16, page 0546-8, and inserting:
/SECTION 5. For school years 1988-89 and 1989-90, school district and state agency school employees required by the State Board of Education to hold State Board of Education certification shall receive first priority for reimbursement of tuition from the funds allocated for the program established by Section 59-21-150 of the 1976 Code for completion of a three hour course determined by the board to be a course in comprehensive health education.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND, McGINNIS, NESBITT and SHELTON proposed the following Amendment No. 22 (Doc. No. 1987J), which was adopted.
Amend the bill, as and if amended, Section 59-32-30(A)(1), as contained in SECTION 3, line 34, page 0546-4, by striking / 1988-89/ and inserting / 1989-90/.
Amend further by striking Section 59-32-30(A) (2), as contained in SECTION 3, beginning on line 6, page 0546-5, and inserting:
/(2) Beginning with the 1988-89 school year, for grades six through eight, instruction in comprehensive health must include the following subjects: community health, consumer health, environmental health, growth and development, nutritional health, personal health, prevention and control of diseases and disorders, safety and accident prevention, substance use and abuse, dental health, mental and emotional health, and reproductive health education. Sexually transmitted diseases are to be included as a part of instruction in the prevention and control of diseases and disorders. At the discretion of the local board, instruction in family life education or pregnancy prevention education or both may be included, but instruction in these subjects may not include an explanation of the methods of contraception before the sixth grade;/
Amend further, by striking Section 59-32-30(A)(3), as contained in SECTION 3, beginning on line 20, page 0546-5, and inserting:
/(3) Beginning with the graduating class of 1992, at least one time during the four years of grades nine through twelve or before graduation, each eligible student shall receive instruction in comprehensive health education, including reproductive health education and pregnancy prevention education;/
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Reps. HASKINS and FAIR spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. McEACHIN moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Aydlette Baker Barfield Blackwell Bradley, P. Clyborne Corning Davenport Fair Haskins Humphries Johnson, J.C. Kohn Limehouse McEachin Pettigrew Rice Sharpe Sturkie Thrailkill Wells
Those who voted in the negative are:
Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baxley Beasley Bennett Brown, G. Brown, J. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Cole Cooper Cork Dangerfield Day Edwards Elliott Faber Ferguson Foster Foxworth Gordon Gregory Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.W. Kay Keyserling Kirsh Klapman Lanford Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen McGinnis McKay McLeod, E.B. McTeer Moss Neilson Nesbitt Pearce Petty Phillips, L. Phillips, O. Rogers, J. Rogers, T. Rudnick Sheheen Shelton Simpson Taylor Townsend Tucker Waldrop Whipper White Wilder
So, the House refused to table the amendment.
Rep. FAIR spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. Fair demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baxley Beasley Bennett Blanding Brown, J. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Cork Dangerfield Day Edwards Elliott Faber Ferguson Foster Foxworth Gentry Gordon Gregory Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.W. Kay Keyserling Kirsh Klapman Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen McGinnis McLeod, E.B. McTeer Moss Neilson Nesbitt Pearce Phillips, L. Phillips, O. Rogers, J. Rogers, T. Rudnick Sheheen Shelton Simpson Taylor Townsend Tucker Washington Whipper White Wilder
Those who voted in the negative are:
Alexander, M.O. Aydlette Baker Barfield Blackwell Bradley, P. Clyborne Cole Corning Davenport Derrick Fair Haskins Humphries Johnson, J.C. Kohn Koon Lanford Limehouse McEachin McKay Pettigrew Petty Rice Sharpe Sturkie Thrailkill Wells Winstead
So the amendment was adopted.
Reps. TOWNSEND, McGINNIS, NESBITT and SHELTON proposed the following Amendment No. 23 (Doc. No. 1767J), which was tabled.
Amend the bill, as and if amended, by striking Section 59-32-30(D), as contained in SECTION 3, beginning on line 19, page 0546-6, and inserting:
/(D) No contraceptive device or contraceptive medication may be dispensed in or on the school grounds of any public elementary or secondary school. No school district may contract with any contraceptive provider to dispense contraceptives in or on school grounds. School districts may not offer programs or information about abortion services or assist in obtaining abortions, and materials containing this information must not be distributed in schools. Nothing in this section prevents school authorities from responding to student-initiated questions and concerns./
Amend title to conform.
Rep. TOWNSEND explained the amendment. Rep. McEACHIN spoke against the amendment. Rep. T.M. BURRISS moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Bennett Blackwell Bradley, P. Brown, G. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cork Corning Davenport Derrick Edwards Elliott Fair Ferguson Foxworth Gordon Gregory Haskins Hayes Hearn Helmly Huff Humphries Johnson, J.C. Kay Keyserling Kohn Koon Lanford Lewis Limehouse Lockemy Mappus Martin, L. McAbee McBride McCain McEachin McTeer Moss Neilson Nettles Pettigrew Petty Phillips, O. Rhoad Rudnick Simpson Sturkie Taylor Thrailkill Tucker Wells Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Boan Brown, J. Burch Dangerfield Faber Foster Hendricks Hodges Holt Johnson, J.W. Kirsh Mattos McGinnis Nesbitt Pearce Phillips, L. Rogers, T. Sheheen Shelton Townsend Waldrop
So, the amendment was tabled.
Rep. DAVENPORT proposed the following Amendment No. 24 (Doc. No. 1935J), which was tabled.
Amend the bill, as and if amended, by adding a new subsection (E) to Section 59-32-30 of the 1976 Code to read:
/(E) The programs of instruction developed by local school boards and districts as required by this chapter do not require the approval of the State Board of Education or State Department of Education even though these programs are developed under guidelines of the State Board./
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. McTEER moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Baxley Beasley Bennett Blanding Boan Brown, J. Burch Burriss, T.M. Carnell Chamblee Cooper Dangerfield Day Faber Foster Foxworth Gordon Gregory Hayes Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Lewis Lockemy Mappus Mattos McAbee McBride McGinnis McLeod, McTeer Neilson Nesbitt Nettles Pearce Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Taylor Townsend Tucker Waldrop White Wilder Wilkins
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Baker Barfield Blackwell Bradley, P. Brown, H. Burriss, M.D. Clyborne Cole Cork Corning Davenport Derrick Edwards Elliott Fair Ferguson Haskins Hearn Hendricks Huff Humphries Kohn Koon Lanford Limehouse Martin, L. McCain McEachin McLeod, J.W. Pettigrew Petty Phillips, O. Sharpe Simpson Sturkie Thrailkill Wells Whipper
So, the amendment was tabled.
Reps. TOWNSEND, McGINNIS, NESBITT and SHELTON proposed the following Amendment No. 25 (Doc. No. 1766J), which was tabled.
Amend the bill, as and if amended, Section 59-32-30(A)(3), as contained in SECTION 3, line 23, page 0546-5, by deleting /one-half unit/.
Amend title to conform.
Rep. TOWNSEND explained the amendment and moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 26 (Doc. No. 1788J).
Amend the bill, as and if amended, page 5, by adding immediately after line 38:
/(E) Any course or instruction in the use of contraceptive devices, contraceptive medication, or pregnancy prevention may only be taught to groups segregated by sex./
Renumber to conform.
Amend title to conform.
Rep. HASKINS moved to adjourn debate upon the amendment, which was adopted.
Rep. HASKINS proposed the following Amendment No. 27 (Doc. No. 1949J), which was adopted.
Amend the bill, as and if amended, by striking Section 59-32-90 as contained in SECTION 3, page 7 and inserting:
/Section 59-32-90. (A) Films, pictures, or diagrams in any comprehensive health education program in public schools must be designed solely for the purpose of explaining bodily functions or the human reproduction process and may not include actual or simulated portrayals of sexual activities or sexual intercourse.
(B) No textbook or any other source of reading or viewing material may be used in any health educational program, course, workshop, or seminar in the public schools of this State that violate any of the provisions of this act."/
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS explained the amendment.
The SPEAKER granted Rep. L. PHILLIPS a leave of absence for the remainder of the day.
Rep. HASKINS continued speaking.
Rep. McTEER spoke against the amendment.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. McTEER continued speaking and moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, K. Baxley Bennett Blanding Boan Brown, J. Burch Carnell Chamblee Cooper Dangerfield Elliott Faber Foster Gentry Hayes Hendricks Hodges Holt Johnson, J.W. Kay Keyserling Kirsh Lockemy McAbee McBride McElveen McGinnis McLeod, E.B. McTeer Nesbitt Nettles Pearce Rogers, J. Rogers, T. Rudnick Sheheen Shelton Simpson Townsend Waldrop Washington Whipper White Wilder
Those who voted in the negative are:
Alexander, M.O. Altman Arthur Aydlette Baker Barfield Beasley Blackwell Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Cole Cork Corning Davenport Day Derrick Edwards Fair Ferguson Foxworth Gordon Haskins Hearn Helmly Huff Humphries Johnson, J.C. Jones Lanford Lewis Limehouse Mappus Martin, L. McCain McEachin McLeod, J.W. Moss Neilson Pettigrew Petty Phillips, O. Sharpe Sturkie Thrailkill Wells
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. McTEER 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 Baxley Bennett Blackwell Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Chamblee Cole Cork Corning Davenport Day Derrick Edwards Elliott Fair Ferguson Foxworth Gordon Haskins Hearn Helmly Huff Humphries Johnson, J.C. Jones Koon Lanford Lewis Limehouse Mappus Martin, L. McCain McEachin McElveen McLeod, J.W. Moss Neilson Pettigrew Petty Phillips, O. Sharpe Sturkie Thrailkill Wells Wilkins
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, K. Blanding Boan Brown, G. Brown, J. Burch Carnell Cooper Dangerfield Faber Foster Gentry Gregory Hayes Hendricks Hodges Holt Johnson, J.W. Kay Keyserling Kirsh Lockemy McAbee McBride McGinnis McTeer Nesbitt Nettles Pearce Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Simpson Snow Townsend Tucker Waldrop Washington Whipper White Wilder
So, the amendment was adopted.
Reps. HUFF, HASKINS and FAIR proposed the following Amendment No. 28 (Doc. No. 1952J), which was adopted.
Amend the bill, as and if amended, in Section 59-32-30 by adding a new item (6) to subsection (A) of the section to read:
/(6) In grades nine through twelve, students must also be given appropriate instruction that adoption is a positive alternative to a crisis or unwanted pregnancy./
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
Reps. HUFF, HASKINS and FAIR proposed the following Amendment No. 29 (Doc. No. 1950J), which was adopted.
Amend the bill, as and if amended, in Section 59-32-30 by inserting immediately before /abortions/ as contained on line 27 of page 5: /from all types of/.
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
Reps. HUFF, HASKINS and FAIR proposed the following Amendment No. 30 (Doc. No. 1958J), which was adopted.
Amend the bill, as and if amended, in Section 59-32-20, as contained on page 3, by inserting the following at the end of the section:
/The board, through the department, shall also make available information about other programs developed by other states upon request of a local school district./
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND, McGINNIS and NESBITT proposed the following Amendment No. 31 (Doc. No. 1954J), which was tabled.
Amend the bill, as and if amended, by striking item (3) in Section 59-32-30 as contained in SECTION 3, page 4, and inserting:
/(3) Beginning with the graduating class of 1992, at least one time during the four years of grades nine through twelve or before graduation, each student shall receive instruction in comprehensive health education, including at least seven hundred fifty minutes of reproductive health education and pregnancy prevention education;/
Renumber items to conform.
Amend title to conform.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. LOCKEMY proposed the following Amendment No. 32 (Doc. No. 1967J), which was adopted.
Amend the bill, as and if amended, Section 59-32-50 by inserting immediately after /prevention/ on line 10 of Page 6:
/, and of their option to exempt their child from this instruction/.
Amend title to conform.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted.
Rep. KEYSERLING proposed the following Amendment No. 33 (Doc. No. 1960J), which was adopted.
Amend the bill, as and if amended, by striking Section 59-32-30(B) and inserting:
/(B) Local school boards may use the instructional unit made available by the board pursuant to Section 59-32-20, or local boards may develop or select their own instructional materials addressing the subjects of reproductive health education, family life education, and pregnancy prevention education. To assist in the selection of components and curriculum materials, each local school board shall appoint a thirteen-member local advisory committee consisting of two parents, three clergy, two health professionals, two teachers, two students, one being the president of the student body of a high school, and two other persons not employed by the local school district./
Amend title to conform.
Rep. KEYSERLING explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. G. BROWN a leave of absence for the remainder of the day.
Reps. LIMEHOUSE, HUFF and HASKINS proposed the following Amendment No. 34, which was rejected.
Amend as and if amended. Section 59-32-50 by striking the words beginning on line 6, page 0546-4 as follows:
"develop a method of notifying"
and inserting the words:
"notify by mail".
Amend to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. FOSTER moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Aydlette Bailey, K. Beasley Bennett Blanding Boan Brown, J. Burch Carnell Dangerfield Faber Foster Gentry Gregory Helmly Hendricks Hodges Holt Johnson, J.W. Kay Keyserling Kirsh Lewis Lockemy Martin, L. Mattos McAbee McBride McTeer Nesbitt Nettles Pearce Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Simpson Taylor Townsend Tucker Washington Whipper White Wilder
Those who voted in the negative are:
Alexander, M.O. Arthur Bailey, G. Baker Barfield Baxley Blackwell Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Chamblee Cole Cork Corning Davenport Day Derrick Edwards Fair Ferguson Foxworth Haskins Hayes Hearn Huff Humphries Johnson, J.C. Jones Klapman Kohn Koon Lanford Limehouse Mappus McCain McEachin McElveen McGinnis McLeod, E.B. Moss Neilson Pettigrew Petty Phillips, O. Sturkie Thrailkill Waldrop Wells
So, the House refused to table the amendment.
Reps. TOWNSEND and FOSTER spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were not ordered.
The amendment was then rejected by a division vote of 46 to 55.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of amendments.
At 12:15 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R312) S. 1092 -- Banking and Insurance Committee: AN ACT 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.
(R313) S. 1084 -- Banking and Insurance Committee: AN ACT 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.
(R314) S. 1089 -- Banking and Insurance Committee: AN ACT 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.
(R315) S. 688 -- Senator Waddell: AN ACT 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 EXCEPT WHEN THAT FORMAT CAN BE OBTAINED AT THE SAME COST AS BLACK AND WHITE PRINTING AND TO PROHIBIT THE PRINTING OF PICTURES OF GOVERNING BOARD MEMBERS AND AGENCY OFFICERS AND EMPLOYEES.
(R316) S. 1068 -- Senator Powell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2615 SO AS TO MAKE A PORTION OF LAKE SECESSION IN ABBEVILLE COUNTY A WILDLIFE SANCTUARY AND TO PROVIDE PENALTIES.
(R317) S. 1048 -- Senators Shealy, Wilson and Setzler: AN ACT TO PROVIDE FULL MAGISTERIAL POWERS TO THE SPECIAL MAGISTRATE IN LEXINGTON COUNTY TO BE EXERCISED AS DIRECTED BY THE CHIEF MAGISTRATE OF LEXINGTON COUNTY.
(R318) S. 547 -- Senators Lourie, Land and J. Verne Smith: AN ACT TO AMEND SECTION 42-9-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE MANNER IN WHICH THE EMPLOYER OR THE INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO PROVIDE THAT ANY EMPLOYER OPERATING IN VIOLATION OF SECTION 42-5-20 IS NOT ELIGIBLE FOR REIMBURSEMENT FROM THE SECOND INJURY FUND.
(R319) 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.
(R320) S. 542 -- Senator Williams: AN ACT TO AMEND SECTION 8-11-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SICK AND ANNUAL LEAVE IN CONJUNCTION WITH WORKERS' COMPENSATION, SO AS TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE AN EMPLOYEE ELECTS ANY LEAVE OPTION.
(R321) S. 651 -- Senators Thomas E. Smith, Jr., Peeler, Bryan and Hayes: AN ACT-TO AMEND SECTION 44-23-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST FURNISHING A PATIENT OR PRISONER UNDER JURISDICTION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH WITH ANY MATTER DECLARED CONTRABAND, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR NEGLIGENTLY ALLOW A PATIENT OR PRISONER TO HAVE ACCESS TO ALCOHOLIC BEVERAGES, FIREARMS, DANGEROUS WEAPONS, OR CONTROLLED SUBSTANCES AS DEFINED IN SECTION 44-53-110 AND TO ADD TO THE LIST OF CRIMES CLASSIFIED AS FELONIES A FELONY ADDED BY THE PROVISIONS OF THIS ACT.
(R322) S. 279 -- Senator Thomas E. Smith, Jr.: AN ACT TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO CLARIFY REFERENCES AND DELETE OBSOLETE REFERENCES RELATING TO COUNTY GRIEVANCE PROCEDURES, TO PROVIDE THAT EMPLOYEES DISCHARGED IN COUNTIES HAVING GRIEVANCE PROCEDURES SHALL FOLLOW THOSE PROCEDURES AND IN THOSE COUNTIES NOT HAVING GRIEVANCE PROCEDURES THAT EMPLOYEES DISCHARGED BY THE CHIEF ADMINISTRATIVE OFFICER OR A DEPARTMENT HEAD MUST HAVE A HEARING BEFORE COUNCIL AT THE EMPLOYEE'S REQUEST AND TO AMEND SECTION 8-17-140, RELATING TO FINDINGS AND DECISIONS OF COUNTY AND MUNICIPAL EMPLOYEE GRIEVANCE COMMITTEES, SO AS TO PROVIDE THAT ACTIONS ON THE FINDINGS AND DECISIONS OF THE GRIEVANCE COMMITTEES MUST BE TAKEN BY THE INDIVIDUAL OR BODY VESTED WITH EMPLOYMENT AND DISCHARGE AUTHORITY RATHER THAN BY THE GOVERNING BODY.
(R323) S. 548 -- Senators Lourie, Land and J. Verne Smith: AN ACT TO AMEND SECTION 42-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE PROVISION THAT TRUSTEES MAY ADMINISTER LUMP-SUM SETTLEMENTS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE LUMP-SUM STATUTE AND REPLACE IT WITH THE CORRECT REFERENCE.
(R324) S. 1047 -- Senator Long: AN ACT TO PROVIDE FULL MAGISTERIAL POWERS TO THE SPECIAL MAGISTRATE IN HORRY COUNTY TO BE EXERCISED AS DIRECTED BY THE CHIEF MAGISTRATE OF HORRY COUNTY.
(R325) S. 1091 -- Banking and Insurance Committee: AN ACT 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.
(R326) S. 703 -- Senators Pope, Giese and Hayes: AN ACT 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, PROVIDE THAT THE APPEAL SHOULD BE HEARD NOT LATER THAN THIRTY DAYS FROM THE DATE THE PETITION IS FILED, DELETE THE PROVISIONS RELATING TO THE EFFECTIVE DATE OF ANY DECISION TO RESTRICT A LICENSE OR DISCIPLINE A LICENSEE AND PROVIDE FOR A PETITION FOR COURT REVIEW NOT TO ACT AS A SUPERSEDEAS, AND LIMIT THE GRANTING OF A STAY OR SUPERSEDEAS.
(R327) S. 1082 -- Banking and Insurance Committee: AN ACT 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.
(R328) S. 1076 -- Banking and Insurance Committee: AN ACT 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.
(R329) S. 582 -- Senators Shealy, Thomas and Patterson: AN ACT TO AMEND SECTION 40-75-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR LICENSURE UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO PROVIDE FOR INDIVIDUAL SUPERVISION IN THE PRACTICE OF MARITAL AND FAMILY THERAPY AND TO CLARIFY THE REQUIRED AMOUNT OF CLINICAL CONTACT AND SUPERVISED EXPERIENCE FOR A MARITAL AND FAMILY THERAPIST AS TWELVE HUNDRED HOURS; AND TO AMEND SECTION 40-75-110, RELATING TO THE ISSUANCE OF A LICENSE UNDER THE ACT, SO AS TO PROVIDE FOR A BOARD-APPROVED INSTEAD OF BOARD-CONDUCTED EXAMINATION.
(R330) S. 93 -- Senator Lourie: AN ACT TO AMEND SECTION 58-17-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF RAILROAD CROSSINGS BY COUNTY SUPERVISORS, SO AS TO ASSIGN THE RESPONSIBILITY TO EXAMINE CROSSINGS TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, COUNTIES, AND MUNICIPALITIES, TO REQUIRE REPORTS OF ROADS FOR WHICH THE COUNTIES AND MUNICIPALITIES ARE RESPONSIBLE TO BE MADE TO THE DEPARTMENT AND OF HAZARDS TO BE MADE TO HIGHWAY ENGINEERS WHO SHALL DIRECT THE RAILROAD TO REMOVE THE HAZARD, TO REQUIRE THE RAILROAD TO REMOVE HAZARDS AND ERECT CROSSBUCKS WITHIN RIGHTS-OF-WAY, TO REQUIRE COUNTIES, MUNICIPALITIES, AND PRIVATE PERSONS TO REMOVE HAZARDS OUTSIDE RIGHTS-OF-WAY AND TO REQUIRE ANNUAL REPORTS OF INSPECTIONS BY COUNTIES, MUNICIPALITIES, AND THE DEPARTMENT, TO PROVIDE FOR THE PAYMENT OF SAFETY-RELATED EXPENSES, AND TO PROVIDE CIVIL PENALTIES FOR NONCOMPLIANCE AND TO REPEAL SECTIONS 58-17-1400, 58-17-1460, 58-17-1470, 58-17-1480, 58-17-1490, AND 58-17-1500 RELATING TO DUTIES OF COUNTY SUPERVISORS RELATIVE TO RAILROAD SAFETY.
(R331) H. 2732 -- Rep. Rhoad: AN ACT TO AMEND SECTION 50-11-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE HUNTING OF RACCOONS AND OPOSSUMS WITH ANY FIREARM, SAW, AX, ARTIFICIAL CALLING DEVICE, OR TREE-CLIMBING DEVICE DURING ANY PERIOD WHEN THEY MAY BE HUNTED WITHOUT FIREARMS, SO AS TO PERMIT THE USE OF MOUTH-OPERATED CALLING DEVICES DURING FIELD TRIALS.
(R332) H. 2704 -- Rep. Haskins: AN ACT TO AMEND SECTION 12-57-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL TAX LIEN REGISTRATION ACT, SO AS TO CORRECT A REFERENCE, AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-57-55, SO AS TO PROVIDE THAT NOTICES OF LIENS ARISING UNDER THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 MUST BE FILED IN THE MANNER THAT FEDERAL TAX LIEN NOTICES ARE FILED.
(R333) H. 2533 -- Rep. Blackwell: AN ACT TO AMEND SECTION 24-21-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDON CONSIDERATION, SO AS TO ADD A GUIDELINE WHICH WOULD AUTHORIZE THE VICTIM OF A CRIME OR ANY MEMBER OF THE CONVICTED PERSON'S FAMILY LIVING WITHIN THE STATE TO PETITION FOR A PARDON FOR ANY PERSON WHO IS NO LONGER AN INMATE OR A PROBATIONER.
(R334) H. 3638 -- Rep. McAbee: AN ACT TO PROVIDE FULL MAGISTERIAL POWERS TO THE SPECIAL MAGISTRATE IN MCCORMICK COUNTY.
(R335) H. 2446 -- Reps. Wilkins and Sheheen: AN ACT TO AMEND SECTION 17-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSANITY DEFENSE, SO AS TO DELETE THE REQUIREMENT THAT THE INSANITY DEFENSE IS AN AFFIRMATIVE DEFENSE AND TO ELIMINATE THE REQUIREMENT THAT THE DEFENDANT HAS THE BURDEN OF PROOF IN THE INSANITY DEFENSE BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND SECTION 17-24-20, RELATING TO THE VERDICT OF GUILTY BUT MENTALLY ILL, SO AS TO PROVIDE THAT A DEFENDANT IS GUILTY BUT MENTALLY ILL IF HE IS OTHERWISE MENTALLY DISEASED BUT HAS THE CAPACITY TO DISTINGUISH RIGHT FROM WRONG, OR THAT THE DEFENDANT RECOGNIZED HIS ACT AS WRONG, TO DELETE THE PROVISION RELATING TO BURDEN OF PROOF, AND TO PROVIDE THAT A COURT MAY NOT ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL UNLESS, AFTER A HEARING, THE COURT MAKES AN APPROPRIATE FINDING ON THE RECORD; TO AMEND SECTION 17-24-30, RELATING TO THE FORM OF VERDICTS, SO AS TO DELETE THE REFERENCE TO THE INSANITY DEFENSE BEING AN AFFIRMATIVE DEFENSE;, TO AMEND SECTION 17-24-70, RELATING TO THE SENTENCING OF A DEFENDANT FOUND GUILTY BUT MENTALLY ILL, SO AS TO DELETE THE PROVISION ALLOWING THE COURT TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL; AND TO REPEAL SECTION 17-24-90 RELATING TO THE ABROGATION OF THE COMMON LAW INSANITY DEFENSE.
(R336) H. 3312 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTION 38-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT EVERY INSURER FILE AN ANNUAL STATEMENT WITH THE CHIEF INSURANCE COMMISSIONER SHOWING THE BUSINESS STANDING AND FINANCIAL CONDITION OF THE INSURER, SO AS TO REQUIRE THAT THE STATEMENT BE VERIFIED BY TWO OF ITS PRINCIPAL OFFICERS INSTEAD OF BEING SIGNED BY ITS PRESIDENT.
(R337) H. 3523 -- Reps. Wilder and McTeer: AN ACT TO ALTER THE COUNTY LINES OF HAMPTON AND ALLENDALE COUNTIES BY ANNEXING A CERTAIN PORTION OF HAMPTON COUNTY TO ALLENDALE COUNTY, TO MAKE PROVISIONS FOR LEGAL RECORDS, AND TO PROVIDE THAT ALLENDALE COUNTY SHALL ASSUME NINETEEN THOUSAND SEVEN HUNDRED FORTY-FIVE DOLLARS AND TEN CENTS OF THE INDEBTEDNESS OF HAMPTON COUNTY TRANSFERRED PURSUANT TO THIS ACT.
(R338) H. 2828 -- Rep. Keyserling: AN ACT TO AMEND SECTION 12-7-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX DEFERRALS ON FOREIGN TRADE RECEIPTS, SO AS TO DELETE A REFERENCE TO TAXABLE INCOME.
(R339) H. 3306 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTION 38-29-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT THE ASSOCIATION HAS NO LIABILITY UNDER CHAPTER 29, TITLE 38, FOR COVERED POLICIES OF A DOMESTIC INSURER FOR RESIDENTS OF ANOTHER STATE EXCEPT UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 38-29-80, RELATING TO THE ASSOCIATION AND ASSESSMENTS, SO AS TO PROVIDE THAT IN THE EVENT AN ASSESSMENT AGAINST A MEMBER INSURER IS ABATED OR DEFERRED, IN WHOLE OR IN PART, BECAUSE OF CERTAIN LIMITATIONS, THE AMOUNT BY WHICH THE ASSESSMENT IS ABATED OR DEFERRED MAY, RATHER THAN MUST, BE ASSESSED AGAINST THE OTHER MEMBER INSURERS IN A MANNER CONSISTENT WITH THE BASIS FOR ASSESSMENTS SET FORTH IN SECTION 38-29-80.
(R340) H. 3307 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-43-107, 38-45-35, 38-47-15, AND 38-49-25 SO AS TO REQUIRE AN INDIVIDUAL APPLYING FOR AN INSURANCE AGENT'S, BROKER'S, ADJUSTER'S, OR DAMAGE APPRAISER'S LICENSE FROM THE DEPARTMENT OF INSURANCE TO FURNISH THE DEPARTMENT HIS BUSINESS AND RESIDENCE ADDRESS AND TO REQUIRE NOTIFICATION TO THE DEPARTMENT WITHIN THIRTY DAYS OF ANY CHANGE IN ADDRESS.
(R341) H. 2598 -- Reps. Derrick and Evatt: AN ACT TO AMEND ACT 452 OF 1986, RELATING TO THE DEDUCTION ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME FOR A TAXPAYER'S DEPENDENT "SPECIAL NEEDS CHILD", SO AS TO PROVIDE THAT THE DEDUCTION MAY BE CLAIMED BEGINNING WITH TAXABLE YEAR 1985.
(R342) H. 3309 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTION 38-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FOREIGN OR ALIEN FIRE INSURER BEING REQUIRED TO WRITE ON THE FACE OF EACH FIRE INSURANCE POLICY ISSUED BY IT THE NAME OF THE COUNTY ENTITLED TO AN ALLOCATION OF THE PREMIUMS THEREON AND THE LOCATION OF THE PROPERTY SO INSURED, SO AS TO MAKE THIS PROVISION APPLICABLE TO ALL FIRE INSURERS.
(R343) H. 2620 -- Rep. Altman: AN ACT TO AMEND SECTION 12-39-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DATES AUDITORS' OFFICES ARE TO REMAIN OPEN FOR RECEIPT OF RETURNS SO AS TO CHANGE THE DATES FROM JANUARY FIRST TO MARCH FIRST TO FROM JANUARY FIRST TO APRIL FIFTEENTH.
(R344) H. 2697 -- Reps. Wilkins, J.W. Johnson, Pearce, P. Bradley, Gentry, Dangerfield, T.M. Burriss, Elliott, Boan and Hodges: AN ACT TO AMEND ARTICLE 3, CHAPTER 13, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST AND THE ENFORCEMENT OF ALCOHOLIC BEVERAGE CONTROL LAWS, BY ADDING SECTION 61-13-295 SO AS TO PROVIDE THAT IF ANY PERMITTEE OR LICENSEE, OR SERVANT, AGENT, OR EMPLOYEE OF THE PERMITTEE OR LICENSEE PLEADS GUILTY OR NOLO CONTENDERE TO, OR IS CONVICTED OF ANY CRIMINAL OFFENSE WHICH OCCURRED ON THE LICENSED PREMISES, THE CONVICTION OR PLEA CONSTITUTES PROOF THAT THE OFFENSE OCCURRED AND THE RECORD THEREOF IS ADMISSIBLE IN AN ADMINISTRATIVE PROCEEDING BEFORE THE COMMISSION.
(R345) H. 3308 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND CHAPTER 13, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-13-85 SO AS TO REQUIRE EACH INSURER AUTHORIZED TO WRITE INSURANCE IN THIS STATE TO FILE CERTAIN INFORMATION ANNUALLY WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, TO PROVIDE THAT THE ASSOCIATION AND ITS AUTHORIZED COMMITTEES, EMPLOYEES, OR PERSONS ARE IMMUNE FROM CIVIL LIABILITY WHEN DISSEMINATING THIS INFORMATION IN ABSENCE OF ACTUAL MALICE, AND TO PROVIDE THAT CERTAIN INFORMATION SUBMITTED TO THE STATE DEPARTMENT OF INSURANCE BY THE ASSOCIATION MUST BE CONFIDENTIAL.
(R346) H. 3315 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTIONS 38-65-60, 38-65-70, 38-65-210, AND 38-65-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP LIFE INSURANCE, SO AS TO PROVIDE FOR CONTINUED COVERAGE DURING AN INSURED'S TOTAL DISABILITY AND DELIVERY OF CERTIFICATES OF INSURANCE TO COVERED DEBTORS, TO REQUIRE ADJUSTMENTS WHEN THE SEX OF AN INSURED IS MISSTATED, TO INCREASE THE LIMITATION ON THE AMOUNT WHICH THE INSURER MAY PAY TO PERSONS WHO INCUR EXPENSE BY REASON OF THE DEATH OF AN INSURED WITH NO NAMED BENEFICIARY FROM FIVE HUNDRED DOLLARS TO TWO THOUSAND DOLLARS AND THE LIMITATION ON THE AMOUNT OF INDIVIDUAL COVERAGE A MEMBER OF A GROUP WHOSE GROUP COVERAGE IS TERMINATED MAY RECEIVE FROM TWO THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE A RESTRICTION ON GROUPS WHICH MAY NOT BE INSURED BY OUT-OF-STATE INSURERS, TO FURTHER DEFINE THE DEPENDENT CHILDREN WHOSE LIVES MAY BE INSURED UNDER GROUP POLICIES AND INCREASE THE LIMIT OF COVERAGE FROM FIVE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, AND TO ELIMINATE A RESTRICTION ON THE AMOUNT OF LIFE INSURANCE COVERAGE A PERSON MAY RECEIVE UNDER A FRANCHISE OR WHOLESALE LIFE INSURANCE PLAN; TO AMEND THE 1976 CODE BY ADDING SECTION 38-65-110 SO AS TO PROVIDE FOR THE EXTENSION OF TIME FOR EXERCISING THE RIGHT OF OBTAINING LIFE INSURANCE WITHOUT EVIDENCE OF INSURABILITY WHEN NOTICE OF THE RIGHT HAS NOT BEEN GIVEN AS REQUIRED; AND TO REPEAL SECTION 38-65-80 RELATING TO INAPPLICABILITY OF CHAPTER 65 OF TITLE 38 TO AN ASSOCIATION OF MEMBERS INVOLVED IN ONE HAZARDOUS OCCUPATION.
(R347) H. 3313 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTIONS 38-15-10 AND 38-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURETY INSURERS AND THE SPECIAL AUTHORITY REQUIRED FOR WRITING CERTAIN BONDS, FORMS OF THE BONDS, AND THE WITHDRAWAL OF THE SPECIAL AUTHORITY, SO AS TO DELETE THE GOVERNOR FROM THE LIST OF STATE OFFICIALS AUTHORIZED TO ACT UNDER THESE PROVISIONS; TO AMEND SECTION 38-15-40, RELATING TO THE EFFECT OF REDUCTION IN THE VALUE OF BONDS DEPOSITED BY A SURETY INSURER, SO AS TO PROVIDE THAT WHEN THE BONDS REQUIRED OF AN INSURER IN SECTION 38-15-30 ARE REDUCED BELOW THE VALUE OF ONE HUNDRED THOUSAND, RATHER THAN FIFTY THOUSAND DOLLARS, EXCEPT BY UNEXPECTED FLUCTUATION IN VALUE, THE RIGHT OF THAT INSURER TO DO BUSINESS MAY BE REVOKED OR SUSPENDED; AND TO AMEND SECTION 38-15-50, RELATING TO THE DEPOSIT OF CASH IN TRUST BY A SURETY INSURER IN LIEU OF GIVING BOND OR DEPOSITING SECURITIES, SO AS TO PROVIDE THAT IN LIEU OF DEPOSITING BONDS WITH A MARKET VALUE OF ONE HUNDRED THOUSAND, RATHER THAN FIFTY THOUSAND DOLLARS, AN INSURER MAY SATISFY SECTION 38-15-30 BY DEPOSITING ONE HUNDRED THOUSAND, RATHER THAN FIFTY THOUSAND, DOLLARS IN CASH IN THE NAME OF THE CHIEF INSURANCE COMMISSIONER WITH THE TRUST DEPARTMENT OF A NATIONAL OR STATE BANK OF THIS STATE APPROVED BY THE CHIEF INSURANCE COMMISSIONER.
(R348) H. 3331 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND ARTICLE 9, CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPERATIONS GENERALLY OF A DOMESTIC MUTUAL INSURER, BY ADDING SECTIONS 38-19-815 AND 38-19-825 SO AS TO DEFINE "BULK REINSURANCE AND ASSUMPTION", "MERGER", AND "CONVERSION OF A MUTUAL INSURER TO A STOCK INSURER", AND PROVIDE FOR A PROCEDURE FOR BULK REINSURANCE AND ASSUMPTION, MERGER, AND CONVERSION; TO AMEND SECTION 38-19-20, RELATING TO CONTRACTS ISSUED BY DOMESTIC MUTUAL INSURERS, SO AS TO PROVIDE THAT THE EMPLOYER WHOSE NAME IS ON THE MASTER CONTRACT IS A MEMBER OF THE INSURER WHEN THE CONTRACT IS A GROUP ANNUITY CONTRACT OR A CONTRACT OF GROUP INSURANCE AND THE HOLDER OF AN INDIVIDUAL OR GROUP ANNUITY CONTRACT OR AN INDIVIDUAL OR GROUP CONTRACT OF INSURANCE INSTEAD OF A HOLDER OF ONE OR MORE INSURANCE CONTRACTS ISSUED BY AN INSURER; TO AMEND SECTION 38-19-40, RELATING TO NOTICE OF THE TIME AND PLACE OF THE ANNUAL MEETING OF MEMBERS REQUIRED TO BE GIVEN BY A DOMESTIC MUTUAL INSURER, SO AS TO REQUIRE A PROCEDURE FOR CHANGING THE TIME INSTEAD OF THE DATE OF THE ANNUAL MEETING; TO AMEND SECTION 38-19-50, RELATING TO THE USE OF A PROXY BY A MEMBER OF A DOMESTIC MUTUAL INSURER, SO AS TO DELETE THE AUTHORITY OF A MEMBER OF THE INSURER TO GIVE HIS PROxY TO ANOTHER MEMBER, THE PROHIBITION OF AN OFFICER OF THE INSURER HOLDING OR VOTING THE PROXY OF ANY MEMBER, AND THE CONDITIONS UNDER WHICH A PROXY IS NO LONGER VALID, TO PROVIDE WHEN THE APPOINTMENT OF THE PROXY IS EFFECTIVE, AND TO ADD CONDITIONS UNDER WHICH A MEMBER'S VOTE UPON A PROPOSAL MAY BE REGISTERED, PROVIDE CONDITIONS UNDER WHICH a PROXY ONLY MAY BE USED; TO AMEND SECTION 38-19-60, RELATING TO THE CONDUCT OF BUSINESS AT AN ANNUAL MEETING OF A DOMESTIC MUTUAL INSURER, SO AS TO DELETE THE PROVISIONS GOVERNING THE UTILIZATION OF A PROXY; TO AMEND SECTION 38-19-610, RELATING TO THE BORROWING OF MONEY BY A DOMESTIC MUTUAL INSURER, SO AS TO DELETE THE MAXIMUM PERCENTAGE RATE OF EIGHT PERCENT A YEAR AT WHICH THE MONEY MAY BE BORROWED; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM THE INSURER'S ESTATE, SO AS TO DELETE THE PROVISIONS IN CLASS 7 WHICH AUTHORIZE PAYMENTS TO MEMBERS OF DOMESTIC MUTUAL INSURANCE COMPANIES LIMITED IN ACCORDANCE WITH LAW AND CREATE A NEW CLASS 8 AUTHORIZING PAYMENTS TO MEMBERS OF DOMESTIC MUTUAL INSURANCE COMPANIES; AND TO REPEAL SECTIONS 38-19-210 THROUGH 38-19-260 RELATING TO OPERATIONS GENERALLY OF DOMESTIC MUTUAL INSURERS, AND SECTIONS 38-19-810, 38-19-820, 38-19-830, 38-19-840, 38-19-850, 38-19-860, 38-19-870, 38-19-880, 38-19-890 RELATING TO CONVERSION OF REINSURANCE, LIQUIDATION, AND MERGER OF A DOMESTIC MUTUAL INSURER.
(R349) H. 3311 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTION 38-3-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADVISORY COMMITTEE TO THE INSURANCE COMMISSION, SO AS TO PROVIDE FOR THE ATTENDANCE OF THE COMMITTEE MEMBERS AT PUBLIC AND EXECUTIVE COMMISSION MEETINGS; AND SECTION 38-3-110, RELATING TO THE DUTIES OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO REVISE HIS DUTIES TO REPORT VIOLATIONS OF THE LAWS AND TO INSTITUTE CIVIL ACTIONS RELATIVE TO THE BUSINESS OF INSURANCE.
(R350) H. 3445 -- Rep. Davenport: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OPTIMIST CLUB OF SPARTANBURG, SOUTH CAROLINA, IN SPARTANBURG COUNTY.
(R351) H. 2920 -- Rep. Hawkins: AN ACT TO AMEND SECTION 44-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN REGARD TO PUBLIC HEALTH, IN GENERAL, SO AS TO ASSURE THE DEPARTMENT ACCESS TO MEDICAL RECORDS, TUMOR REGISTRIES, AND SPECIAL DISEASE RECORD SYSTEMS OF PHYSICIANS, HOSPITALS, AND HEALTH FACILITIES IN THE DEPARTMENT'S INVESTIGATION OF EPIDEMIC AND ENDEMIC DISEASES.
(R352) H. 2738 -- Rep. Hawkins: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-655 SO AS TO PROVIDE FOR THE ISSUANCE OF A LIMITED CERTIFICATE TO PRACTICE RESPIRATORY CARE AND TO PROVIDE FOR THE PAYMENT OF A FEE.
(R353) H. 2014 -- Reps. Wilkins and P. Bradley: AN ACT TO AMEND SECTION 20-7-3010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INJUNCTIONS BY THE DEPARTMENT OF SOCIAL SERVICES AGAINST THE CONTINUING OPERATIONS OF CHILD DAY CARE FACILITIES, SO AS TO PROVIDE FOR THE INJUNCTIONS TO BE BROUGHT IN THE FAMILY COURT INSTEAD OF THE CIRCUIT COURT.
(R354) H. 3310 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTION 38-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR GROUP LIFE INSURANCE POLICIES, AND SECTION 38-71-730, RELATING TO THE REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE THE REQUIREMENT THAT SEVENTY-FIVE PERCENT OF EMPLOYEES OR MEMBERS SHALL PARTICIPATE BEFORE THE POLICY MAY BE PLACED IN FORCE.
(R355) H. 3390 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTION 38-79-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALING ACTIONS OF THE JOINT UNDERWRITING ASSOCIATION, SO AS TO FURTHER PROVIDE FOR WHO MAY APPEAL TO THE INSURANCE COMMISSION AND CHANGE THE TIME WHEN THE APPEAL MAY BEGIN.
(R356) H. 3144 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT 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.
(R357) H. 3432 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTION 38-69-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF ANNUITY CONTRACTS AND THE EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF CERTAIN ANNUITIES AND ENDOWMENT CONTRACTS; TO AMEND ARTICLE 1, CHAPTER 69, TITLE 38, RELATING TO ANNUITIES BY ADDING SECTION 38-69-30 SO AS TO PROVIDE THAT WHEN THE PROCEEDS OF AN ANNUITY BECOMING A CLAIM BY THE DEATH OF THE INSURED ARE LEFT WITH AN INSURANCE COMPANY UNDER A TRUST OR OTHER AGREEMENT, THE BENEFITS ACCRUING THEREUNDER AFTER THE DEATH OF THE INSURED ARE NOT TRANSFERABLE NOR SUBJECT TO COMPUTATION OR INCUMBRANCE NOR TO LEGAL PROCESS, EXCEPT IN AN ACTION TO RECOVER FOR NECESSARIES IF THE PARTIES TO THE TRUST OR OTHER AGREEMENT SO AGREE, AND TO REPEAL SECTION 38-69-130 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST CERTAIN ANNUITY CONTRACTS.
(R358) H. 3364 -- Reps. Kirsh, McTeer, Elliott and McLellan: AN ACT TO AMEND SECTION 12-37-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM TAX RETURNS REQUIRED TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, SO AS TO PROVIDE FOR THE RETURN AND PAYMENT OF TAXES WHEN SELLERS AND PURCHASERS HAVE DIFFERENT ACCOUNTING PERIODS.
(R359) H. 3367 -- Reps. Kirsh, McTeer, Elliott and McLellan: AN ACT TO AMEND SECTION 12-37-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO LIST PERSONAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO INCLUDE REAL PROPERTY WITHIN THE PENALTY PROVISION.
(R360) H. 3366 -- Reps. Kirsh, McTeer, Elliott and McLellan: AN ACT TO AMEND SECTION 12-7-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR FILING STATE INCOME TAX RETURNS, SO AS TO DELETE REQUIREMENTS RELATING TO TENTATIVE RETURNS AND PARTIAL PAYMENTS.
(R361) H. 3361 -- Reps. Kirsh, McTeer, Elliott and McLellan: AN ACT TO AMEND SECTION 12-35-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX MONTHLY RETURNS AND PAYMENTS, SO AS TO PERMIT RETAILERS TO FILE EVERY TWENTY-EIGHT DAYS.
(R362) H. 3370 -- Reps. Kirsh, McTeer, Elliott and McLellan: AN ACT TO AMEND SECTION 12-7-2250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT THE REFUND OF AN INCOME TAX OVERPAYMENT OF A DECEASED TAXPAYER IS THE SOLE AND SEPARATE PROPERTY OF THE TAXPAYER'S SURVIVING SPOUSE IF THE OVERPAYMENT IS THREE HUNDRED FIFTY DOLLARS OR LESS, SO AS TO DELETE THE REQUIREMENT OF THE SECTION THAT THE REFUND BE THREE HUNDRED FIFTY DOLLARS OR LESS.
(R363) H. 3393 -- Reps. Wilkins, Hayes, J.W. Johnson and Fair: AN ACT TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO TESTS TO DETERMINE THE ALCOHOLIC OR DRUG CONTENT OF BLOOD, SO AS TO DEFINE PERSONS WHO ARE PERMITTED TO TAKE BLOOD AND URINE SAMPLES INSTEAD OF ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS OR A COMBINATION OF THEM IN THE SYSTEMS OF PERSONS ARRESTED FOR DUI AND TO EXEMPT THEM FROM CRIMINAL PROSECUTION BY THE ARRESTED PERSON.
(R364) H. 3359 -- Reps. Kirsh, McTeer, Elliott and McLellan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-35 SO AS TO ADOPT FOR STATE INCOME TAX PURPOSES THE PROVISIONS OF THE INTERNAL REVENUE CODE INNOCENT SPOUSE RULE; AND TO AMEND SECTION 12-7-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
At 12:35 P. M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
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. FAIR proposed the following Amendment No. 35 (Doc. No. 1796J), which was adopted.
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 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.
Reps. WILDER and McTEER spoke against the amendment.
Rep. FAIR spoke in favor of the amendment.
Rep. WASHINGTON moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Bailey, K. Baxley Bennett Blanding Brown, J. Burriss, T.M. Carnell Dangerfield Elliott Faber Foster Gentry Gregory Harris, J. Hayes Hendricks Hodges Holt Johnson, J.W. Kay Keyserling Kirsh Klapman Lewis Martin, D. McAbee McBride McGinnis McLellan McTeer Nesbitt Nettles Pearce Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Tucker Waldrop Washington Whipper White Wilder Wilkins
Those who voted in the negative are:
Alexander, M.O. Arthur Aydlette Baker Barfield Beasley Blackwell Bradley, P. Brown, H. Burriss, M.D. Chamblee Cole Cooper Cork Corning Davenport Day Derrick Edwards Fair Ferguson Foxworth Haskins Hearn Helmly Huff Humphries Johnson, J.C. Jones Kohn Koon Lanford Lockemy Mappus Martin, L. McCain McEachin McElveen McKay McLeod, E.B. Moss Neilson Pettigrew Petty Phillips, O. Rice Sharpe Simpson Sturkie Thrailkill Townsend Wells
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. HASKINS 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 Beasley Blackwell Bradley, P. Brown, H. Burriss, M.D. Chamblee Cole Cooper Cork Corning Davenport Day Derrick Edwards Fair Ferguson Foxworth Gentry Haskins Hearn Helmly Hendricks Huff Humphries Johnson, J.C. Jones Kohn Koon Lanford Limehouse Lockemy Mappus Martin, L. McCain McEachin McElveen McKay McLeod, E.B. Moss Neilson Pettigrew Petty Phillips, O. Rice Sharpe Simpson Sturkie Thrailkill Townsend Tucker Wells Wilder
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Bailey, K. Baxley Bennett Blanding Brown, J. Burriss, T.M. Carnell Dangerfield Faber Foster Harris, J. Hayes Hodges Holt Johnson, J.W. Kay Keyserling Kirsh Klapman Lewis Martin, D. McAbee McBride McGinnis McLellan McTeer Nesbitt Nettles Pearce Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Waldrop Washington Whipper White Wilkins
So, the amendment was adopted.
Rep. HUMPHRIES proposed the following Amendment No. 36, which was tabled.
Amend as and if amended.
Amend the Bill, as and if amended, Section 59-32-50 by adding to the end of Line 15 to read: Written notification must be received from the parents or legal guardians that the school's notification has been received.
Rep. HUMPHRIES explained the amendment.
The SPEAKER granted Rep. KLAPMAN a temporary leave of absence.
Rep. TOWNSEND spoke against the amendment.
Rep. FABER moved to table the amendment, which was agreed to.
Reps. CORNING and HEARN proposed the following Amendment No. 37 (Doc. No. 1973J), 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 pregnancy prevention education must be presented separately to male and female students./
Reletter subsections to conform.
Amend title to conform.
Rep. CORNING moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 38, which was tabled.
Amend as and if amended.
Amend Amendment No. 23, as and if amended, by striking all and inserting:
/(D) No contraceptive device or contraceptive medication may be dispensed by any public elementary or secondary school. No school district may contract with any contraceptive provider to dispense contraceptives. School districts may not offer programs or information about abortion services or assist in obtaining abortions, and materials containing this information must not be distributed in schools./
Amend title to conform.
Rep. HASKINS moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 39, which was tabled.
Amend as and if amended.
Amend Amendment No. 23, as and if amended, by striking all and inserting:
/(D) No contraceptive device or contraceptive medication may be dispensed by any public elementary or secondary school. No school district may contract with any contraceptive provider to dispense contraceptives. School districts may not offer programs or information about abortion services or assist in obtaining abortions, and materials containing this information must not be distributed in schools. Nothing in this section prevents school authorities from responding to student-initiated questions and concerns./
Amend title to conform.
Rep. HASKINS moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 40, which was tabled.
Amend as and if amended.
Amend Amendment No. 23, as and if amended, by striking all and inserting:
/(D) No contraceptive device or contraceptive medication may be dispensed in or on the school grounds of any public elementary or secondary school. No school district may contract with any contraceptive provider to dispense contraceptives in or on school grounds. School districts may not offer programs or information about abortion services or assist in obtaining abortions, and materials containing this information must not be distributed in schools./
Amend title to conform.
Rep. HASKINS moved to table the amendment, which was agreed to.
Rep. FAIR proposed the following Amendment No. 41 (Doc. No. 1990J), which was tabled.
Amend the bill, as and if amended, by striking SECTION 4, beginning on line 9, page 0546-8, and inserting:
/SECTION 4. School districts which provide comprehensive health education programs on the effective date of this act shall conform their existing programs to the provisions of Chapter 32 of Title 59 of the Code of Laws of South Carolina, 1976, beginning with the 1989-90 school year./
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. KEYSERLING spoke against the amendment.
Rep. FAIR spoke in favor of the amendment. Rep. KEYSERLING moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Bailey, K. Baxley Beasley Blanding Boan Brown, J. Carnell Chamblee Dangerfield Day Edwards Elliott Faber Foster Gentry Gregory Harris, J. Harvin Helmly Hendricks Hodges Holt Huff Johnson, J.W. Kay Keyserling Kirsh Lewis Martin, D. McAbee McBride McGinnis McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Townsend Tucker Waldrop Washington Whipper White Wilder
Those who voted in the negative are:
Alexander, T.C. Arthur Aydlette Baker Barfield Blackwell Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Cole Cooper Cork Corning Davenport Fair Ferguson Foxworth Haskins Hayes Hearn Humphries Johnson, J.C. Kohn Koon Lanford Limehouse Lockemy Mappus Martin, L. McCain McEachin McLellan Pettigrew Petty Sharpe Simpson Sturkie Thrailkill Wells
So, the amendment was tabled.
Rep. BAKER moved that the House do now adjourn, which was rejected by a division vote of 15 to 75.
Rep. FAIR proposed the following Amendment No. 42, which was adopted.
Amend as and if amended in Section 59-32-30 by adding on line 26 of page 4 after the word "and", the words ", at the discretion of the local board,".
Rep. FAIR explained the amendment.
The amendment was then adopted.
Rep. J.C. JOHNSON proposed the following Amendment No. 43, which was tabled.
Amend as and if amended in Section 59-32-10 by adding of line 44 of page 2 after "(c)", the words, "and, at the discretion of the local board,".
Rep. J.C. JOHNSON explained the amendment.
Rep. T.M. BURRISS moved to table the amendment, which was agreed to by a division vote of 53 to 33.
Debate was resumed on Amendment No. 3, which was proposed on Wednesday, February 17, by Reps. M.O. ALEXANDER, et. al.
Rep. M.O. ALEXANDER moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 5 (Doc. No. 1795J), which was tabled.
Amend the bill, as and if amended, by striking subitem (c) beginning on line 44 of page 2 and continuing through line 5 on page 3.
Amend title to conform.
Rep. McTEER inquired whether Amendment No. 5 was allowable as the Section it attempted to amend had previously been amended prior to cloture being ordered.
The SPEAKER stated that the amendment was on the desk prior to cloture being ordered, therefore it was in order.
Rep. HASKINS explained the amendment.
Rep. KEYSERLING spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. FAIR proposed the following Amendment No. 7 (Doc. No. 1800J), which was tabled.
Amend the bill, as and if amended, by striking Section 59-32-30(A)(2) and (3), as contained in SECTION 3, beginning on line 6, page 0546-5 and inserting:
/(2) Beginning with the 1989-90 school year, for each grade in grades six through eight, and earlier at the discretion of the local board, instruction in comprehensive health education also must include reproductive health education and, at the discretion of the local board, also may include family life education;
(3) Beginning with the 1989-90 school year, at least one time during the four years of grades nine through twelve, each student shall receive instruction in reproductive health education and, at the discretion of the local board, instruction in family life education or pregnancy prevention education, or both. Instruction in pregnancy prevention education may be provided only in grade twelve./
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. TOWNSEND moved to reconsider the vote whereby Amendment No. 42 was adopted and the motion was noted.
Rep. TOWNSEND moved to table the amendment
Rep. HASKINS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 69 to 19.
The motion of Rep. TOWNSEND to reconsider the vote whereby Amendment No. 42 was adopted was taken up.
Rep. HASKINS moved to table the motion to reconsider.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Baker Barfield Blackwell Bradley, P. Chamblee Cole Davenport Fair Ferguson Haskins Hayes Huff Humphries Johnson, J.C. Jones Kohn Koon Lanford Limehouse Lockemy Martin, L. McEachin McElveen Pettigrew Petty Phillips, O. Rice Sharpe Sturkie Thrailkill Wells
Those who voted in the negative are:
Altman Aydlette Bailey, G. Bailey, K. Baxley Bennett Blanding Boan Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Cooper Cork Dangerfield Day Edwards Elliott Faber Foster Gentry Gordon Harris, J. Harvin Hearn Helmly Hendricks Hodges Holt Johnson, J.W. Kay Keyserling Kirsh Lewis Mappus Martin, D. McAbee McBride McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Pearce Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Simpson Townsend Tucker Waldrop Washington Wilder Wilkins
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider the vote whereby the amendment was adopted, which was agreed to by a division vote of 59 to 27.
Rep. McTEER moved to table the amendment.
Rep. PETTIGREW demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Aydlette Bailey, K. Bennett Blanding Boan Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Cork Dangerfield Day Elliott Faber Foster Gentry Gordon Gregory Harris, J. Haskins Hearn Hendricks Hodges Holt Johnson, J.W. Jones Kay Keyserling Kirsh Lewis Mappus Martin, D. McAbee McBride McGinnis McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Phillips, O. Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Townsend Tucker Waldrop Washington Wilder
Those who voted in the negative are:
Alexander, M.O. Bailey, G. Baker Barfield Baxley Bradley, P. Chamblee Cole Cooper Corning Davenport Edwards Fair Ferguson Harvin Hayes Huff Humphries Johnson, J.C. Kohn Koon Lanford Limehouse Lockemy Martin, L. McCain McEachin McElveen Pettigrew Petty Simpson Sturkie Thrailkill Wells
So, the amendment was tabled.
Rep. J.C. JOHNSON proposed the following Amendment No. 8 (Doc. No. 1780J), which was tabled.
Amend the bill, as and if amended, in Section 59-32-30 of the 1976 Code by striking /or pregnancy prevention education or both/ which begins on line 11 of page 4.
Amend title to conform.
Rep. J.C. JOHNSON explained the amendment.
Rep. McTEER raised the Point of Order that Amendment No. 8 was out of order as it was improperly drawn.
The SPEAKER stated that the amendment would have no effect as it referenced the wrong printing of the Bill, but that it was not improperly drawn, therefore he overruled the Point of Order.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 15, by Reps. HASKINS and BARFIELD.
Rep. HASKINS explained the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Bailey, K. Baxley Beasley Bennett Blanding Boan Brown, H. Brown, J. Carnell Chamblee Dangerfield Elliott Faber Foster Gentry Gordon Gregory Harris, J. Harvin Helmly Hendricks Hodges Holt Johnson, J.W. Kay Keyserling Kirsh Kohn Lewis Martin, D. McAbee McBride McLeod, E.B. Neilson Nesbitt Nettles Pearce Rice Rogers, J. Rogers, T. Rudnick Shelton Short Simpson Townsend Tucker Waldrop Washington Whipper Wilder
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Baker Barfield Blackwell Bradley, P. Burriss, M.D. Burriss, T.M. Cole Cooper Cork Corning Davenport Day Edwards Fair Ferguson Foxworth Haskins Hayes Hearn Humphries Jones Koon Lanford Limehouse Lockemy Mappus Martin, L. McEachin McElveen Moss Pettigrew Petty Phillips, O. Sharpe Sheheen Sturkie Thrailkill Wells Wilkins
So, the amendment was tabled.
Rep. HASKINS moved to reconsider the vote whereby Amendment NO. 42 was tabled.
Rep. T.M. BURRISS raised the Point of Order that the motion to reconsider was out of order as the amendment had previously been reconsidered.
The SPEAKER stated that the amendment had been reconsidered, but it had not been clinched, and he overruled the Point of Order.
Rep. HOLT then raised the Point of Order that Rep. HASKINS had not voted on the prevailing side.
The SPEAKER overruled the Point of Order.
Rep. TOWNSEND moved to table the motion to reconsider.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Aydlette Bailey, G. Bailey, K. Bennett Blanding Boan Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cork Dangerfield Day Faber Foster Foxworth Gentry Gordon Harris, J. Hearn Helmly Hendricks Holt Johnson, J.W. Kay Keyserling Kirsh Mappus Martin, D. McAbee McBride McCain McGinnis McLeod, E.B. McTeer Neilson Nesbitt Nettles Pearce Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Townsend Tucker Waldrop Washington Whipper Wilder
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Baker Barfield Baxley Blackwell Bradley, P. Cooper Corning Davenport Edwards Elliott Fair Ferguson Harvin Haskins Hayes Humphries Johnson, J.C. Jones Kohn Koon Lanford Limehouse Lockemy Martin, L. McEachin Moss Pettigrew Petty Sturkie Thrailkill Wells
So, the motion to reconsider was tabled.
Debate was resumed on Amendment No. 26, by Rep. HASKINS.
Rep. HASKINS moved to table the amendment, which was agreed to.
Reps. McEACHIN, FAIR, HASKINS and LIMEHOUSE spoke against the Bill.
The question then recurred to the passage of the Bill, as amended.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, H. Brown, J. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Cork Corning Dangerfield Derrick Edwards Elliott Faber Felder Foster Foxworth Gentry Gordon Gregory Harris, J. Harvin Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.W. Kay Keyserling Kirsh Klapman Kohn Lewis Lockemy Mappus Martin, D. Martin, L. McAbee McBride McCain McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Taylor Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, M.O. Baker Bradley, P. Cole Davenport Fair Ferguson Haskins Johnson, J.C. Koon Limehouse McEachin Petty Sturkie Thrailkill Wells
Lanford (Present) No
Day (Absent) Yes
Baxley (Present) Yes
Clyborne (Absent) No
So, the Bill, as amended, was read the second time and ordered to third reading.
In spite of reservations I have about portions of this Bill, I have voted for it in the belief that local programs can and will reflect the wishes of the local community in the development of the curriculum for a very serious problem.
Rep. DILL BLACKWELL
I was out of my seat for the final vote on S. 546. Had I voted, I would have voted yes on the passage of the Bill.
Rep. JOHN SNOW
On motion of Rep. PEARCE, with unanimous consent, Regulation No. 949 was recalled from the Committee on Education and Public Works and was referred to the Committee on Agriculture and Natural Resources.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry.
H. 3770 -- Reps. Ferguson, Aydlette, Waldrop, Blanding, Williams, Faber, K. Bailey, Gilbert, Shelton, D. Martin and G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-120 SO AS TO REQUIRE EMPLOYERS WITH MORE THAN FIVE FULL-TIME EMPLOYEES TO GIVE ANY EMPLOYEE TERMINATED PROMPT WRITTEN NOTICE OF THE REASON FOR THE TERMINATION.
Rep. McTEER moved that when the House adjourns it adjourn in honor of Hampton County's 110th Birthday, which was agreed to.
Rep. ARTHUR moved that the House do now adjourn, which was adopted.
At 2:00 P.M. the House in accordance with the motion of Rep. McTEER adjourned in honor of Hampton County's 110th Birthday, to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:37 P.M.