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:
Lord of history, Who in former days out of the wilderness of tyranny brought forth a Nation and provided persons of honor, enlightenment and vision, be for us our God today to give the same noble characteristics. Make of us leaders who steadfastly speak the truth, practice understanding, and guard the needs of Your people. Grant to us clear minds, dauntless courage, and persevering faith. Keep us workmen who need not to be ashamed. Where needs exist, endow us with wisdom and make us strong. In all our dealings with each other, invest us with the courteous and kindly spirit.
Thank You, Lord, for this privilege of prayer.
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 SPEARER ordered it confirmed.
The following was received.
Columbia, S.C., March 1, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Nell Smith, Hayes and Giese of the Committee of Conference on the part of the Senate on S. 546:
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.
Very respectfully,
President
No. 55
Received as information.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3380 -- Reps. Wilkins, Huff, Hayes, McElveen and Limehouse: A BILL TO AMEND SECTION 29-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO PROVIDE FOR THE SUPERIORITY OF THE LIEN OF A PERSON WHO HAS FURNISHED LABOR, SERVICES, OR MATERIAL IN CONNECTION WITH THE CONSTRUCTION OF IMPROVEMENTS TO REAL PROPERTY AND TO AMEND SECTION 29-5-70, RELATING TO MECHANICS' LIENS, SO AS TO PROVIDE FOR UNENFORCEABLE LIENS CLAIMED BY ANY MECHANIC OR MATERIALMAN FURNISHING LABOR, SERVICES, OR MATERIAL AND PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3785 -- Rep. Wilkins: A BILL TO AMEND SECTION 57-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDEMNATION OF PROPERTY OF CERTAIN PUBLIC SERVICE CORPORATIONS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO MAKE A TECHNICAL CORRECTION IN THE SECTION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1075 -- Judiciary Committee: A BILL TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESPONSIBILITY OF A MUNICIPAL GOVERNING BODY TO ESTABLISH BY ORDINANCE TIME REQUIREMENTS FOR NOMINATIONS, PRIMARIES, AND CONVENTIONS AND THE PERCENTAGE REQUIRED FOR NOMINATING PETITIONS, SO AS TO REQUIRE ALL NOMINATING PETITIONS TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH HE OFFERS AS A CANDIDATE INSTEAD OF AUTHORIZING THE GOVERNING BODY TO DETERMINE THE PERCENTAGE OF THE PETITION, WITHIN CERTAIN LIMITS, WHICH MUST BE QUALIFIED ELECTORS OF THE MUNICIPALITY; AND TO AMEND SECTION 5-15-110, RELATING TO THE REQUIREMENT THAT A NOMINATING PETITION BE FILED WITH THE MUNICIPAL ELECTION COMMISSION IN MUNICIPAL, SPECIAL, OR PARTISAN GENERAL ELECTIONS, SO AS TO REQUIRE THE PETITION TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH THE CANDIDATE OFFERS INSTEAD OF THE MUNICIPALITY.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3735 -- Reps. Hodges, Mappus and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-245 SO AS TO MAKE IT UNLAWFUL FOR A LICENSED INSURANCE AGENT KNOWINGLY TO PRESENT OR AID IN THE PREPARATION OF AN INSURANCE APPLICATION CONTAINING FALSE OR MISLEADING INFORMATION MATERIAL TO THE UNDERWRITING OR WHICH OMITS MATERIAL INFORMATION AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3869 -- Cherokee County Legislative Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. MAGGIE DAVIS PEELER OF GAFFNEY IN CHEROKEE COUNTY, GRANDMOTHER OF THE HONORABLE HARVEY S. PEELER, JR., UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. FOSTER, with unanimous consent, the following was taken up for immediate consideration:
H. 3870 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE JOHN P. (JAKE) COMER, OF MASSACHUSETTS, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 23, 1988.
Be it resolved by the House of Representatives, the Senate concurring:
That the Honorable John P. (Jake) Comer of Massachusetts, National Commander of the American Legion, is invited to address the General Assembly in Joint session in the Hall of the House of Representatives at 12:00 noon on Wednesday, March 23, 1988.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3871 -- Reps. Corning and Hearn: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO MAKE A COMPREHENSIVE STUDY AS TO WHETHER THIS STATE NEEDS TO CONSOLIDATE THE SERVICES IT PROVIDES TO CHILDREN AND CREATE AN INTEGRATED AGENCY FOR THE PROVISION OF THE SERVICES.
The Concurrent Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.
The following was introduced:
H. 3872 -- Reps. Barfield, Bennett, Elliott, Rhoad, Pearce, G. Brown, Sharpe, Thrailkill, Koon, Snow, G. Bailey, Kirsh, Pettigrew, Cole, McCain and Lockemy: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO REPEAL THE PROVISION OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1987 THAT CHANGES THE TAX TREATMENT ON DIESEL FUEL.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3873 -- Reps. Rudnick, Huff, Jones, Sharpe and Pettigrew: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. INEZ SMITH PERRY OF AIKEN UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 3874 -- Reps. Keyserling and T. Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE THE EFFORTS OF THE MEMBERS OF THE ARTS IN BASIC CURRICULUM STEERING COMMITTEE FOR THEIR CONTRIBUTIONS TO THE DEVELOPMENT OF A PLAN FOR QUALITY ARTS EDUCATION IN SOUTH CAROLINA.
Whereas, educational reform in the public schools is a priority in South Carolina; and
Whereas, the South Carolina Arts Commission, through funding from the National Endowment for the Arts, and in cooperation with the State Department of Education, the Office of the Governor, the Joint Legislative Committee on Cultural Affairs, and the South Carolina Alliance for Arts Education, has developed a comprehensive plan to establish the arts as basic in South Carolina's general education curriculum; and
Whereas, the following agencies, institutions, and organizations have participated in the development of the Arts in Basic Curriculum Plan: the Senate Education Committee, the House Education and Public Works Committee, the Select Committee of the Education Improvement Act, the Joint Business Education Subcommittee of the Education Improvement Act, the South Carolina Educational Television Network, the South Carolina Music Educators Association, the South Carolina Art Education Association, the South Carolina Theater Association, the South Carolina Association for Health, Physical Education, Recreation, and Dance, the South Carolina School Boards Association, the South Carolina Education Association, the Palmetto Teachers Association, the South Carolina PTA Association, the South Carolina State Museum, McKissick Museum, Winthrop College, the University of South Carolina, Furman University, Coastal Carolina College, South Carolina State College, the Governor's School for the Arts, and South Carolina artists; and
Whereas, the arts are basic to general education and have profound value in shaping the quality of life in South Carolina; and
Whereas, the arts impart necessary knowledge, skills, and understanding and are a vital part of the education of all children; and
Whereas, the arts are the basis of civilization and an important resource in education; and
Whereas, creativity, critical thinking, and problem-solving skills are fostered through quality arts education; and
Whereas, every child in South Carolina schools should have equal educational opportunities to study the arts. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize the efforts of the South Carolina Arts in Basic Curriculum Steering Committee to develop a plan for comprehensive, sequential, quality arts instructional programs taught by qualified arts teachers and reinforced by classroom teachers, school administrators, professional artists, art organizations and the community at large, and the development of local, state, and national policies and initiatives that build strong support for the arts and arts education.
Be it further resolved that a copy of this resolution be forwarded to Ms. Scott Sanders, Director, South Carolina Arts Commission, 1800 Gervais Street, Columbia, SC 29201.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1247 -- Senators Pope, Martin, Horace C. Smith, Peeler, Lee and Russell: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF RETIRED MAJOR GENERAL HARRY MOORE ARTHUR OF UNION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3875 -- Reps. Corning, Humphries, Cork, McCain, Hearn and M.D. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 11, TITLE 11, SO AS TO PROVIDE FOR A "ZERO-BASED" BUDGET REVIEW OF CERTAIN AGENCIES, DEPARTMENTS, COMMISSIONS, BOARDS, AND INSTITUTIONS EVERY EIGHT YEARS BY A JOINT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, FOR COMMITTEE MEMBERSHIP AND DUTIES, FOR THE SCOPE OF REVIEW, AND FOR THE ESTABLISHMENT OF A SCHEDULE OF REVIEW.
Referred to Committee on Ways and Means.
H. 3876 -- Rep. R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2215 SO AS TO PROVIDE FOR THE PROHIBITION AGAINST BAITING WILD TURKEYS IN GAME ZONE 10 AND TO DEFINE TERMS.
Referred to Committee on Agriculture and Natural Resources.
H. 3877 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF WILD TURKEYS, SO AS TO PROHIBIT THE SHOOTING OF WILD TURKEYS WITH A RIFLE.
Referred to Committee on Agriculture and Natural Resources.
H. 3878 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF WILD TURKEYS, SO AS TO PROHIBIT THE SHOOTING OF WILD TURKEYS FROM A VEHICLE ON A PUBLIC ROAD.
Referred to Committee on Agriculture and Natural Resources.
H. 3879 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR THE TAGGING AND BAGGING OF ANY WILD TURKEY KILLED AND FOR THE DAILY BAG LIMIT.
Referred to Committee on Agriculture and Natural Resources.
H. 3883 -- Rep. Clyborne: A BILL TO AMEND SECTION 12-27-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FUEL ETHANOL MOTOR FUEL TAX INCENTIVE, SO AS TO INCREASE THE MOTOR FUEL TAX ON FUEL ETHANOL BLENDS FROM SEVEN CENTS TO TEN CENTS A GALLON.
Referred to Committee on Ways and Means.
H. 3884 -- Reps. Baker and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-11-120 SO AS TO REQUIRE A NIGHT SECURITY OFFICER ON THE PREMISES OF ANY COMMUNITY RESIDENTIAL CARE FACILITY IN WHICH RESIDE PATIENTS WITH INDIVIDUAL CARE PLANS PREPARED BY THE STATE DEPARTMENT OF MENTAL HEALTH.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3885 -- Reps. Davenport and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-21-820 SO AS TO MAKE THE TEACHER INCENTIVE PROGRAM OPTIONAL TO SCHOOL DISTRICTS AND TO PROVIDE THAT IMPLEMENTATION OF THE PROGRAM IN A SCHOOL DISTRICT IS SUBJECT TO THE ADOPTION OF THE PROGRAM BY THE SCHOOL DISTRICT'S BOARD OF TRUSTEES; AND BY ADDING SECTION 59-25-60 SO AS TO PROVIDE THAT STUDENT TEACHING AT A NONPUBLIC INSTITUTION MAY NOT BE USED TO FULFILL THE STUDENT TEACHING REQUIREMENT FOR TEACHER CERTIFICATION.
Referred to Committee on Education and Public Works.
S. 772 -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 5 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO ADD DEFINITIONS WHICH CLARIFY THE RULE OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND DEFINE "DOMESTICATED ANIMAL"; DELETE ANIMAL CONTROL FUNCTIONS PREVIOUSLY THE RESPONSIBILITY OF COUNTIES; AUTHORIZE THE DEPARTMENT TO APPOINT A PUBLIC HEALTH VETERINARIAN AND PROVIDE FOR HIS DUTIES AND RESPONSIBILITIES; PROHIBIT WOLF DOGS FROM BEING SOLD IN THIS STATE AS A PET INCLUDING WITHIN THIS PROHIBITION THE OFFSPRING BETWEEN WILD ANIMALS AND DOMESTICATED DOGS AND CATS, EXEMPTING ZOOS AND ANIMAL DEALERS LICENSED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE; REQUIRE OWNERS OF PETS TO HAVE THEM INOCULATED AGAINST RABIES AT A FREQUENCY WHICH WILL PROVIDE CONTINUOUS PROTECTION OF THE PET AND PROVIDE THAT THE INOCULATION MUST BE PERFORMED BY OR UNDER THE DIRECT SUPERVISION OF A LICENSED VETERINARIAN USING A VACCINE APPROVED BY THE DEPARTMENT; PROVIDE FOR THE PROCEDURE BY WHICH THE INOCULATION CERTIFICATE IS PROCESSED; AND INCREASE THE PENALTY FOR VIOLATION OF CHAPTER 5 OF TITLE 47.
Referred to Committee on Agriculture and Natural Resources.
S. 1058 -- Senators Nell W. Smith, Lourie and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-740 TO ARTICLE 7, CHAPTER 3, TITLE 16, SO AS TO PROVIDE FOR THE TESTING OF SEXUAL BATTERY AND CONDUCT OFFENDERS FOR THE VIRUS THAT CAUSES ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS); AND BY ADDING SECTION 16-15-255 TO ARTICLE 1, CHAPTER 15, TITLE 16, SO AS TO PROVIDE FOR THE SAME TESTING OF PERSONS CONVICTED OF VIOLATING THE PROVISIONS PERTAINING TO PROSTITUTION, BUGGERY, AND COMMITTING OR ATTEMPTING A LEWD ACT UPON A CHILD UNDER FOURTEEN YEARS OF AGE.
Referred to Committee on Judiciary.
S. 1225 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID: ELIGIBILITY FOR THE MEDICAL ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 952, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military Public and Municipal Affairs.
S. 1226 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO FLEX EXAM AND LICENSURE BY ENDORSEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 877, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1227 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS: ANNUAL RENEWAL AND LATE FEES AND CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 861, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military Public and Municipal Affairs.
S. 1228 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID ELIGIBILITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 913, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military Public and Municipal Affairs.
S. 1229 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID: SCOPE OF THE PROGRAM AND ELIGIBILITY FOR THE MEDICAL ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 951, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1230 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS: DEFINITION OF QUALIFIED PHYSICIAN SPONSORSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 933, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1231 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO COUNTY AND HOSPITAL ASSESSMENTS PURSUANT TO THE MEDICALLY INDIGENT ASSISTANCE ACT (MIAA), DESIGNATED AS REGULATION DOCUMENT NUMBER 901, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cork Dangerfield Davenport Day Derrick Faber Fair Ferguson Foster Foxworth Gentry Gilbert Gordon 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 Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on March 2, 1988.
R.S. Corning John Snow, Jr. Lenoir Sturkie Jack Gregory Gene Stoddard Robert A. Kohn Grady Brown Luther L. Taylor T.W. Edwards Paul Short John G. Felder Jean L. Harris Dick Elliott Larry Koon
LEAVE OF ABSENCE
The SPEAKER granted Rep. J. HARRIS a temporary leave of absence.
Announcement was made that Dr. Kenneth Smith of Anderson is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3863 -- Reps. Blanding and E.B. McLeod: A BILL TO AMEND SECTION 7-7-501, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE THE BOUNDARIES OF THE MANCHESTER FOREST AND PINEWOOD PRECINCTS.
H. 3687 -- Reps. Wilkins, Corning, Clyborne, J.W. Johnson, Haskins and Hayes: A BILL TO AMEND CHAPTER 7, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF TRUSTS, BY ADDING SECTION 62-7-211 SO AS TO PROVIDE THAT THE PROBATE COURT MAY, UPON CERTAIN TERMS AND CONDITIONS, DIVIDE A TRUST INTO TWO OR MORE SINGLE TRUSTS OR CONSOLIDATE TWO OR MORE TRUSTS INTO A SINGLE TRUST.
H. 3729 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW DEALING WITH COMPENSATION OF VICTIMS OF CRIME, SO AS TO, AMONG OTHER THINGS, MAKE THESE DEFINITIONS APPLICABLE ALSO TO ARTICLES 14 AND 15 OF CHAPTER 3, TITLE 16 ("VICTIM/WITNESS ASSISTANCE PROGRAM" AND "VICTIM'S AND WITNESS'S BILL OF RIGHTS", RESPECTIVELY), PROVIDE A DEFINITION FOR RECKLESSLY OR INTENTIONALLY INFLICTED INJURY OR DEATH, AND CHANGE VARIOUS EXISTING DEFINITIONS; TO AMEND SECTION 16-3-1170, RELATING TO THE BASIS FOR AN AWARD UNDER THE PROVISIONS DEALING WITH COMPENSATION OF VICTIMS OF CRIME, SO AS TO DELETE CERTAIN PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR AN AWARD FOR PSYCHIC TRAUMA; AND TO AMEND SECTIONS 16-3-1400, RELATING TO DEFINITIONS UNDER THE PROVISIONS DEALING WITH VICTIM/WITNESS ASSISTANCE PROGRAM, AND 16-3-1520, RELATING TO DEFINITIONS UNDER THE PROVISIONS DEALING WITH VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO DELETE THE DEFINITION OF "VICTIM" IN BOTH CODE SECTIONS.
Rep. WILKINS explained the Bill.
On motion of Rep. BLANDING, with unanimous consent, it was ordered that H. 3863 be read the third time tomorrow.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 933 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO REPEAL SECTION 61-13-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF UNSTAMPED ALCOHOLIC LIQUORS AS CONTRABAND.
S. 1102 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURER'S RIGHT OF SUBROGATION IN POLICIES OF ACCIDENT AND HEALTH INSURANCE, SO AS, TO ALLOW THE CHIEF INSURANCE COMMISSIONER TO DISALLOW SUBROGATION IF, AFTER PETITION BY THE INSURED, HE DETERMINES THE SUBROGATION TO BE INEQUITABLE; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-335 SO AS TO PROHIBIT THE WRITING OF INDIVIDUAL OR FAMILY ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES WHICH ALLOW THE INSURER TO CANCEL THE POLICY ON A DATE OTHER THAN THE ANNIVERSARY OR PREMIUM DUE DATE AND POLICIES WHICH ARE OPTIONALLY RENEWABLE AND TO REQUIRE THIRTY-ONE DAYS' WRITTEN NOTICE OF NONRENEWAL; TO AMEND SECTION 38-71-340, RELATING TO MANDATORY PROVISIONS IN ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-370, RELATING TO OPTIONAL PROVISIONS IN LIFE INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-610, RELATING TO NOTICE OF PREMIUMS DUE FOR ACCIDENT OR HEALTH INSURANCE POLICIES, SO AS TO REVISE A TERM; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-735 SO AS TO PROVIDE MANDATORY PROVISIONS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-810, RELATING TO READJUSTMENT OF PREMIUMS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO CLARIFY TERMS; TO AMEND SECTION 38-71-1010, RELATING TO THE DEFINITION OF BLANKET ACCIDENT AND HEALTH INSURANCE, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 38-71-1110, RELATING TO THE DEFINITION OF ACCIDENT AND HEALTH INSURANCE IN A FRANCHISE PLAN, SO AS TO REVISE THE DEFINITION; TO AMEND SECTIONS 38-55-50 AND 38-71-200, RELATING TO THE PROHIBITION ON DISCRIMINATION BETWEEN INSUREDS OF THE SAME CLASS OR HAZARD, SO AS TO ALLOW STATUTORY EXCEPTIONS; TO AMEND SECTION 38-57-190, RELATING TO TYPES OF INSURANCE EXEMPT FROM RESTRICTIONS ON PREFERENCES, SO AS TO REVISE THE EXEMPT CATEGORIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-55-180 SO AS TO PROVIDE FOR THE SAFEGUARDING OF PREMIUMS OF INDUSTRIAL INSURANCE; AND TO REPEAL SECTIONS 38-71-130, 38-71-180, 38-71-380, 38-71-390, 38-71-400, 38-71-820, AND ARTICLE 7, CHAPTER 71 RELATING TO ACCIDENT AND HEALTH INSURANCE.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3455 -- Rep. McEachin: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF CAME, BY ADDING SECTION 50-11-125 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL LIVE WOLVES WITHIN THE STATE OR TO SHIP OR IMPORT LIVE WOLVES INTO THIS STATE, EXCEPT FOR EXHIBITION PURPOSES UPON THE APPROVAL OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT.
H. 3560 -- Reps. Sharpe, Sturkie and Jones: A BILL TO AMEND SECTIONS 48-43-10 AND 48-43-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OIL AND GAS EXPLORATION, DRILLING, TRANSPORTATION, AND PRODUCTION, SO AS TO DEFINE "SANITARY LANDFILL" AND TO REGULATE ACTIVITIES RELATING TO WASTE AND ANTIPOLLUTION ACTIVITIES INVOLVING OIL AND GAS AND TO REGULATE ACTIVITIES RELATING TO METHANE GAS IN AND RELATED TO LANDFILLS.
H. 3395 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-73-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF EXCESSIVE OR UNREASONABLE RATES BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO AUTHORIZE HIM TO ORDER A REFUND OF PREMIUMS WHERE A DETERMINATION THAT EXCESSIVE OR UNREASONABLE PROFITS HAVE BEEN REALIZED; AND TO REPEAL SECTION 38-73-465 RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO ORDER RATES OF INDIVIDUAL INSURERS TO BE REVISED AND EXCESSIVE BENEFITS REBATED UNDER CERTAIN CONDITIONS.
H. 3763 -- Reps. J.W. McLeod, J. Bradley and Kohn: A BILL TO AMEND SECTION 38-39-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY SO AS TO CHANGE THE CHARGE ALLOWED ON A DELINQUENCY INSTALLMENT FROM FIVE CENTS A DOLLAR FOR EACH FULL DOLLAR OR ONE DOLLAR, WHICHEVER IS GREATER, NOT TO EXCEED FIVE DOLLARS, TO ONE DOLLAR TO A MAXIMUM OF FIVE PERCENT OF AN INSTALLMENT, OR A MAXIMUM OF FIVE DOLLARS ON A FAMILY OR HOUSEHOLD PURPOSE LOAN.
H. 3831 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO IMPROPER CLAIMS PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 955, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3832 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATION FEES AND RECIPROCITY CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 953, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 2756 -- Reps. Wilder and Clyborne: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF OFFENSES AND PENALTIES FOR PERSONS DRAWING AND UTTERING A FRAUDULENT CHECK OR OTHER INSTRUMENT, SO AS TO INCREASE THE JURISDICTION OF MAGISTRATES TO HEAR VIOLATIONS OF CHAPTER 11 OF TITLE 34 FROM TWO HUNDRED TO FIVE HUNDRED DOLLARS AND TO MAKE CORRESPONDING ADJUSTMENTS IN THE JURISDICTION OF THE COURT OF GENERAL SESSIONS TO TRY THESE VIOLATIONS.
The following Bill and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 561 -- Senator Garrison: A BILL TO AMEND SECTION 48-9-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOMINATION AND ELECTION OF SOIL AND WATER CONSERVATION DISTRICTS' COMMISSIONERS, SO AS TO REVISE THE NOMINATION PROCEDURES FOR PLACEMENT ON THE BALLOT AND THE TERMS OF OFFICE OF THESE COMMISSIONERS EFFECTIVE WITH THE 1990 ELECTION AND TO AMEND SECTION 48-9-1230, RELATING TO TERMS OF OFFICE AND VACANCIES OF THESE COMMISSIONERS, SO AS TO REVISE THIS SECTION IN ORDER TO CONFORM IT TO THE ABOVE PROVISIONS.
S. 1143 -- Finance Committee: A JOINT RESOLUTION TO CREATE THE ACCOMMODATIONS TAX AD HOC COMMITTEE.
The following Bill was taken up.
S. 531 -- Education Committee: A BILL TO AMEND SECTION 59-25-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT AND DISMISSAL OF TEACHERS, SO AS TO DEFINE "TEACHER", FOR PURPOSES OF THIS SECTION, AS MEANING ALL EMPLOYEES POSSESSING A PROFESSIONAL CERTIFICATE ISSUED BY THE STATE DEPARTMENT OF EDUCATION, EXCEPT THOSE EMPLOYEES WORKING PURSUANT TO MULTI-YEAR CONTRACTS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1652J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-25-410 of the 1976 Code is amended by adding at the end:
"For purposes of this article, 'teacher' means all employees possessing a professional certificate issued by the State Department of Education, except those employees working pursuant to multi-year contracts."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. TOWNSEND explained the amendment and moved to adjourn debate upon the Bill until Tuesday, March 8, which was adopted.
The following Bill was taken up.
H. 3580 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS; TO AMEND SECTIONS 40-51-110 AND 40-51-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PODIATRY, SO AS TO PROVIDE LICENSURE RECIPROCITY WITH STATES WHOSE REQUIREMENTS ARE SUBSTANTIALLY EQUIVALENT TO THIS STATE'S AND TO PROVIDE GROUNDS AND PROCEDURE FOR THE SUSPENSION AND REVOCATION OF LICENSES TO PRACTICE PODIATRY; AND TO REPEAL SECTIONS 40-51-210 AND 40-51-250 RELATING TO PROHIBITION AGAINST CORPORATE PRACTICE OF PODIATRY OR PRACTICE IN CONNECTION WITH A COMMERCIAL ESTABLISHMENT.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1770J), which was adopted.
Amend the bill, as and if amended, Section 40-51-110, as contained in SECTION 1, line 6, by deleting /substantially/. When amended Section 1 shall read:
/SECTION 1. Section 40-51-110 of the 1976 Code is amended to read:
"Section 40-51-110. Upon payment of a fee to be determined by regulation of the Board, a license may be issued to podiatrists or chiropodists removing to this State from other states maintaining requirements for the practice of podiatry or chiropody equal equivalent to the standard in this State and extending the same reciprocal privilege to podiatrists or chiropodists in this State. Any podiatrist or chiropodist who has been practicing his profession in any state for a period of one year or more, who has been duly licensed by a state board and who has enjoyed during such time good professional repute, may upon presentation of proper credentials be issued a license without examination."/
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3320 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-287 SO AS TO PROHIBIT THE TRANSFER OF BEER, WINE, OR ALCOHOLIC LIQUOR TO PERSONS UNDER THE AGE OF TWENTY-ONE YEARS, PROVIDE EXCEPTIONS, AND PROVIDE PENALTIES FOR VIOLATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1678J), which was adopted.
Amend the bill, as and if amended, Section 61-13-287, as contained in SECTION 1, line 3 of the section, after /years/ by inserting /for the purpose of consumption/ so that when amended Section 61-13-287 reads:
/Section 61-13-287. It is unlawful for a person to transfer or give to any person under the age of twenty-one years for the purpose of consumption any beer, wine, or alcoholic liquor at any place within the State. Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
The provisions of this section do not apply to a spouse over the age of twenty-one giving beer, wine, or alcoholic liquor to his spouse under the age of twenty-one in their home, to a parent or guardian over the age of twenty-one giving beer, wine, or alcoholic liquor to his children or wards under the age of twenty-one in their home, or to a person giving beer, wine, or alcoholic liquor to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer, wine, or alcoholic liquor was lawfully purchased /
Amend further, by striking SECTION 2 and inserting:
/SECTION 2. Section 61-9-61 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 2 (Doc. No. 1992J), which was tabled.
Amend the report, as and if amended, Section 61-13-287, line 42, page 3320-1, and beginning on line 45 and page 3320-1 by striking /in their home/.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. WILKINS spoke against the amendment and moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3453 -- Rep. Hayes: A BILL TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY BY ADDING SECTION 16-17-445 SO AS TO PROVIDE RESTRICTIONS UPON UNSOLICITED CONSUMER TELEPHONE CALLS TO RESIDENCES, PROHIBIT THE MAKING OF UNSOLICITED CONSUMER TELEPHONE CALLS TO CERTAIN SUBSCRIBERS, AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO INVESTIGATE COMPLAINTS OF VIOLATIONS, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1920J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:
"Section 16-17-445. (A) As used in this section:
(1) 'Consumer telephone call' means a call made by a telephone solicitor for the purpose of soliciting a sale of any consumer goods or services to the person called, or for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for these purposes.
(2) 'Consumer goods or services' means any tangible personal property which is normally used for personal, family, financial, or household purposes, including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed, as well as cemetery lots and interests in vacation timesharing plans or vacation ownership plans and any services related to this property.
(3) 'Unsolicited consumer telephone call' means a consumer telephone call other than a call made:
(a) in response to an express request of the person called;
(b) primarily in connection with an existing debt or contract, payment, or performance of which has not been completed at the time of the call;
(c) to any person with whom the telephone solicitor has an existing business relationship or has had a previous business relationship.
(4) 'Commission' means the South Carolina Public Service Commission.
(5) 'Telephone solicitor' means any individual, firm or organization, partnership, association, or corporation who makes or causes to be made a consumer telephone call.
(6) 'Department' means the Department of Consumer Affairs.
(7) 'Adad' means any automatically dialed announcing device which delivers a recorded message without assistance by a live operator for the purpose of making an unsolicited consumer telephone call.
(B) Any telephone solicitor who makes an unsolicited consumer telephone call shall:
(1) identify himself and the business on whose behalf he is soliciting immediately upon making contact by telephone with the person who is the object of the telephone solicitation; and
(2) within thirty seconds after beginning the conversation state the purpose of the call, allow the person called the opportunity to respond, and if the response is negative discontinue the call; and
(3) remove the called party's name and telephone number from in-house calling lists if the called party asks the solicitor not to call again.
(C) Adad calls are subject to provisions in subsection (B)(1), (2), and (3). Adad calls shall immediately disconnect when the called party hangs up.
(D) Unsolicited consumer telephone calls are prohibited after nine o'clock p.m. or before eight o'clock a.m. on any day. Adad calls are prohibited after five o'clock p.m. or before eight o'clock a.m. on any day.
(E) Unsolicited calls and adad calls must disclose to the buyer at the time of solicitations:
(1) cost of merchandise;
(2) payment plan; and
(3) extra or special charges such as shipping, handling, and taxes.
(F) Every telephone solicitor operating in this State who makes unsolicited consumer telephone calls shall implement in-house systems and procedures whereby every effort is made not to call subscribers who ask not to be called again. The department has the authority to monitor compliance with this provision.
(G) Adad calls may not ring at hospitals, police stations, fire departments, nursing homes, hotels, or vacation rental units.
(H) The department shall investigate any complaints received concerning violations of this section. If the department finds that there has been a violation of this section, it may impose a civil penalty not to exceed one thousand dollars for each violation and may seek other relief, including injunctive relief, as the court considers appropriate against the telephone solicitor. In addition, any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars for each violation or imprisoned for not more than thirty days. Each violation constitutes a separate offense.
(I) Telephone companies are not responsible for the enforcement of the provisions of this section, and are not liable for any error or omission in the listings made pursuant hereto."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HAYES explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 3385 -- Reps. Gregory, Davenport, Klapman, McGinnis, Rudnick, Washington, Winstead, Kirsh, Wells, J. Brown, J. Bradley, Waldrop, Toal, Keyserling, Dangerfield, L. Martin, Day, McElveen and Elliott: A BILL TO AMEND SECTION 50-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DEER HUNTING WITHIN THREE HUNDRED YARDS OF A RESIDENCE ON GAME MANAGEMENT LANDS, SO AS TO PROHIBIT DEER HUNTING WITHIN THREE HUNDRED YARDS OF ANY RESIDENCE.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 1, by the Committee on Agriculture and Natural Resources.
The amendment was then adopted.
Rep. McEACHIN proposed the following Amendment No. 2 (Doc. No. 2281J).
Amend the bill, as and if amended, Section 50-11-140, as contained in SECTION 1, by adding at the end:
/The provisions of this section do not apply to a landowner hunting on his own land./
Amend title to conform.
Rep. McEACHIN explained the amendment.
Reps. SIMPSON, KOON, E.B. McLEOD, HOLT, G. BAILEY and DAY objected to the Bill.
The following Bill was taken up.
H. 3695 -- Reps. T.M. Burriss, Carnell, H. Brown, Edwards, P. Harris, Lewis, McLellan, Winstead, T. Rogers and Klapman: A BILL TO AMEND SECTION 37-1-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIONS FROM THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO FURTHER PROVIDE FOR THE EXCLUSIONS RELATED TO PAWNBROKERS, AND TO AMEND CHAPTER 39, TITLE 40, RELATING TO PAWNBROKERS, SO AS TO REVISE THE MANNER IN WHICH PAWNBROKERS ARE REGULATED, LICENSED, AND REQUIRED TO DO BUSINESS, TO PROVIDE THAT PERSONS PLEDGING GOODS WITH PAWNBROKERS HAVE A CAUSE OF ACTION AGAINST THE PAWNBROKER FOR THE VIOLATION OF CERTAIN PROVISIONS OF THIS CHAPTER, AND TO PROVIDE CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 1, by the Committee on Labor, Commerce and Industry.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2272 -- Reps. Neilson, Lockemy, Gilbert, Davenport, Holt, O. Phillips, J.W. McLeod, Blackwell, Shelton, Mattos, Dangerfield, Petty and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO REQUIRE CLOSING ATTORNEYS OR OTHER SETTLEMENT AGENTS TO GIVE WRITTEN NOTICE TO THE PURCHASER OF REAL PROPERTY CLASSIFIED AS "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF AD VALOREM TAXATION THAT THE PROPERTY MAY BE SUBJECT TO THE ROLL-BACK TAX; AND TO AMEND SECTION 12-45-70, RELATING TO THE DUE DATES FOR THE PAYMENT OF AD VALOREM TAXES, SO AS TO REQUIRE TAX NOTICES SENT TO THE OWNER OF AGRICULTURAL REAL PROPERTY TO CONTAIN A STATEMENT GIVING NOTICE OF THE PROPERTY BEING SUBJECT TO THE ROLL-BACK TAX WHEN THE PROPERTY'S USE IS CHANGED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2898Y), which was adopted.
Amend the bill, as and if amended, by striking Section 12-43-222, as contained in SECTION 1, page 1, and inserting:
/Section 12-43-222. In every sale of real estate classified as agricultural real property for purposes of ad valorem taxation, the seller shall notify the purchaser in writing no later than the completion of the closing that the property may be subject to the roll-back tax required by Section 12-43-220(d)(4)./
Amend further, by inserting immediately after the period at the end of the first paragraph of Section 12-45-70 as contained in SECTION 2, page 2: /If you sell all or a portion of this property you are responsible for notifying the purchaser in writing prior to closing of the roll-back tax as required in Section 12-43-222./ so that the first paragraph of Section 12-45-70, when amended, shall read:
/"All taxes are due and payable between the thirtieth day of September and the fifteenth day of January after their assessment in each year. The several county County treasurers under the direction and supervision of the Comptroller General shall collect the taxes in the manner prescribed by law and give receipts therefor to the persons paying them. In the receipts and tax notices the real estate paid on must be briefly described including tax map number and an identifiable description and the value and a description of the personal property paid on must be stated, together with the time the taxes are paid, the amount paid, and the township where the property is located. Tax notices for real property classified for purposes of ad valorem taxation as 'agricultural real property' must contain a notice substantially worded as follows: 'This property is subject to the roll-back tax in the year it is changed from agricultural use. If you sell all or a portion of this property you are responsible for notifying the purchaser in writing prior to closing of the roll-back tax as required in Section 12-43-222.'"
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3728 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION OF VICTIMS OF CRIME, AMOUNT OF AWARD, APPORTIONMENT AMONG MULTIPLE CLAIMANTS, AND REJECTION OF APPLICATION FOR AWARD, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE, AMONG OTHER THINGS, FOR BURIAL EXPENSES NOT TO EXCEED TWO THOUSAND, RATHER THAN ONE THOUSAND, DOLLARS, AND THAT THE AGGREGATE OF AWARD TO AND ON BEHALF OF VICTIMS MAY NOT EXCEED TEN THOUSAND, RATHER THAN THREE THOUSAND, DOLLARS.
Rep. WILKINS explained the Bill and moved to adjourn debate upon the Bill until Thursday, March 3, which was adopted.
Rep. DAY withdrew his objection to the following Bill.
S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.
Rep. McTEER, with unanimous consent, made a statement relative to a report submitted by the Highway Department.
Rep, E.B. McLEOD asked unanimous consent to recall H. 3558 from the Committee on Ways and Means.
Rep. DANGERFIELD objected.
Rep. SIMPSON asked unanimous consent to recall H. 2728 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. WHITE objected.
Rep. CARNELL moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3886 -- Rep. Ferguson: A BILL TO AMEND SECTION 9-1-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS TO THE RETIREMENT SYSTEM, PRIOR SERVICE CREDITS, AND MATERNITY LEAVE, SO AS TO DELETE THE REQUIREMENTS THAT ANY MEMBER OF THE SYSTEM WITH TWO OR MORE YEARS OF CREDITABLE SERVICE WHO WISHES TO RECEIVE ADDITIONAL CREDITABLE SERVICE FOR MILITARY SERVICE SHALL MAKE PAYMENT TO THE SYSTEM IN ORDER TO RECEIVE CREDIT.
Referred to Committee on Ways and Means.
H. 3887 -- Reps. T.M. Burriss, M.D. Burriss, J.H. Burriss, Humphries, Cork and Hearn: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME BY INDIVIDUALS, SO AS TO PROVIDE THAT SOUTH CAROLINA SALES AND USE TAXES AND FEDERAL AND SOUTH CAROLINA GASOLINE TAXES PAID BY AN INDIVIDUAL IN ANY TAXABLE YEAR ARE ALSO DEDUCTIBLE.
Referred to Committee on Ways and Means.
The Reading Clerk of the House read the following House Resolution:
H. 3835 -- Rep. Washington: A HOUSE RESOLUTION TO FIX 11:00 A.M. ON WEDNESDAY, MARCH 2, 1988, AS THE TIME FOR ELECTING A MEMBER TO FILL A VACANCY ON THE HOUSE OPERATIONS AND MANAGEMENT COMMITTEE.
The SPEAKER announced that nominations were in order for a member of the House Operations and Management Committee.
Rep. BLACKWELL nominated Rep. MATTOS as follows: "Thank you, Mr. Speaker. Ladies and gentlemen, in choosing those who represent you on the Operations and Management Committee, you want someone who will adopt a reasonable and businesslike approach to managing the business affairs of your House and your office building. You want someone who will be fair and thorough in determining personnel policies that affect our employees in the Blatt Building. You want someone who will have the confidence of the other members of the committee and his contribution to the work of the committee and to the work of this House. Jim Mattos is such a person. Jim's hard work and integrity are well-known to those of us who have served with him. It's my honor to nominate James G. Mattos to fill the vacancy on the House Operations and Management Committee."
Rep. L. MARTIN, on behalf of the Pickens Delegation seconded the nomination of Rep. MATTOS.
On motion of Rep. L. MARTIN nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the SPEAKER announced that Rep. MATTOS was duly elected for the term prescribed by law.
The following Joint Resolution was taken up.
H. 3675 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO DELETE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
The House Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2165J), which was adopted.
Amend the resolution, as and if amended, by striking Section 14 of Article III which begins on line 17 of page 7 and inserting:
/"Section 14 12A. The members of both houses shall must be protected in their persons and estates during their attendance on, going to and returning from the General Assembly, and ten days previous to the sitting and ten days after the adjournment thereof. But these privileges shall not protect any member who shall be is charged with treason, felony, or breach of the peace."/
Amend the resolution further, as and if amended, by striking /delete/ as contained on line 17, page 15, SECTION 2 and inserting /revise/ so that when amended SECTION 2 reads:
/"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 ballots:
'Shall Article III of the Constitution of this State be amended so as to require members of the House and Senate to be elected from single-member election districts, to require reapportionment of these election districts every ten years, to provide that the age requirements of Senators and Representatives as contained in the Constitution are as of the time their term of office begins, to provide that the members of the General Assembly shall receive an annual salary and allowances as prescribed by law and that additional salary and allowances may be provided for special sessions, to provide that each house of the General Assembly shall not judge those qualifications of its own members which are set out in the Constitution, to revise the immunity of the members of the General Assembly from civil process or criminal arrest for certain offenses during their attendance at the General Assembly, to authorize either house to provide by rule for the second reading of bills and joint resolutions 'viva voce' or by distribution of printed copies thereof to each member, to require a roll call vote in all elections by the General Assembly or either house thereof except upon unanimous consent to dispense with the roll call, to require the proceedings 'of each house to be public except when two-thirds of the members present in either house vote to have a closed session, to provide that any vacancy in the General Assembly where the unexpired term is less than one year may be filled as provided by general law, to delete language prohibiting the marriage of persons of a certain race and language relating to unmarried women under a certain age consenting to sexual intercourse, and to provide that the General Assembly shall provide for the codification of the laws of this State and for keeping of the codification up to date?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."'/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. WILKINS explained the Joint Resolution.
Rep. SHEHEEN spoke in favor of the Joint Resolution.
Rep. HEARN moved to adjourn debate upon the Resolution until Thursday, March 3.
Rep. M.O. ALEXANDER moved to table the motion, which was agreed to.
Rep. SHEHEEN spoke in favor of the Joint Resolution.
Reps. M.D. BURRISS, HUMPHRIES and HEARN objected to the Joint Resolution.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 639 -- Senator Pope: A BILL TO AMEND ACT 462 OF 1893, AS AMENDED, RELATING TO THE FARMER'S MUTUAL INSURANCE ASSOCIATION OF NEWBERRY, SOUTH CAROLINA, SO AS TO EXPAND THE COUNTIES IN WHICH THE ASSOCIATION IS AUTHORIZED TO DO BUSINESS.
S. 1216 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, SOUTH CAROLINA CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 934, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 1216 be read the third time tomorrow.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Thursday, March 10, which was adopted.
S. 1062 -- Senators Drummond, Patterson, Williams and Leventis: A BILL TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.
The following Bill was taken up.
H. 3356 -- Reps. Waldrop, J. Bradley, J. Brown, R. Brown, Carnell, Chamblee, Davenport, Elliott, Felder, Ferguson, Harvin, Huff, McAbee, J.W. McLeod, Moss, White, Wilder, Winstead, Wells, Cole, Stoddard, P. Bradley, Rice, Lanford and Clyborne: A BILL TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING RETIREMENT ALLOWANCES AND TO REDUCE FROM THIRTY TO TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR MEMBERS RETIRING AFTER JUNE 30, 1988, TO DELETE PROVISIONS RELATING TO REDUCTION OF BENEFITS FOR MEMBERS WITH TWENTY-FIVE YEARS' SERVICE RETIRING BEFORE AGE FIFTY-FIVE, AND TO PROVIDE FOR INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO COVER THE ACTUARIAL COST OF THE ADDITIONAL BENEFITS.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 16, by the Committee on Ways and Means.
Rep. T. ROGERS 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. WALDROP, with unanimous consent, it was ordered that H. 3356 be read the third time tomorrow.
The following Bill was taken up.
H. 3338 -- Rep. Fair: A BILL TO AMEND SECTION 61-13-875, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON-PREMISES CONSUMPTION ON A TWO OR MORE FOR THE PRICE OF ONE BASIS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS WHO HOLD LICENSES AND PERMANENT PERMITS TO SELL THE BEVERAGES, TO PROHIBIT DISPENSING THE BEVERAGES FOR FREE, AND TO PROHIBIT SALE OF THE BEVERAGES AT LESS THAN THE REGULAR PRICE EXCEPT FROM FOUR O'CLOCK P.M. UNTIL EIGHT O'CLOCK P.M.
Debate was resumed on Amendment No. 2, which was proposed on Thursday, February 4, by Rep. FAIR.
Rep. FAIR explained the amendment.
The amendment was then adopted.
Rep. AYDLETTE proposed the following Amendment No. 3 (Doc. No. 2063J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 61-13-875 of the 1976 Code is amended to read:
"Section 61-13-875. No person who holds a permanent license or permit to sell beer, wine, or alcoholic liquor for on-premises consumption may advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. The Alcoholic Beverage Control Commission is authorized to promulgate regulations necessary to implement this section. Beer, wine, or alcoholic liquor may be sold at a price less than the price regularly charged only from four o'clock p.m. until eight o'clock p.m. The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis, to any fraternal organization in the course of its fundraising activities, to any person attending a private function on any premises for which a permanent license or permit has been issued, or to any customer attending a function sponsored by the person who holds a permanent license or Permit; provided, that not more than two functions may be sponsored each year, which must be authorized by the Alcoholic Beverage Control Commission. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided ln Section 61-13-870."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. AYDLETTE explained the amendment.
Reps. MAPPUS, FOXWORTH, CORK and DANGERFIELD objected to the Bill.
Rep. DANGERFIELD withdrew his objection to the following Bill:
H. 2144 -- Reps. Blackwell, Mattos and M.O. Alexander: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED ENDORSEMENTS ON NOTARY PUBLIC APPLICATIONS, SO AS TO REVISE THE PERSONS WHO ARE REQUIRED TO MAKE THESE ENDORSEMENTS.
Rep. BLANDING withdrew his objection to H. 3338 however, other objections remained upon the Bill.
Rep. KLAPMAN withdrew his objection to. the following Bill:
S. 97 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-150 SO AS TO PROVIDE THAT NO CIVIL ACTION MAY BE BROUGHT IN THIS STATE FOR THE TORTS OF CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS; AND TO AMEND SECTION 15-3-530, RELATING TO ACTIONS INCLUDED IN THE SIX-YEAR PERIOD PRESCRIBED FOR THE COMMENCEMENT OF ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY, AND SECTION 15-37-50, RELATING TO LIMITATION ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO DELETE THE REFERENCES TO CRIMINAL CONVERSATION.
Rep. MAPPUS withdrew his objection to the following Bill:
S. 1100 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.
Reps. GREGORY, MOSS, BLANDING, WHITE and WASHINGTON withdrew their objections to the following Bill:
H. 2536 -- Labor, Commerce and Industry Committee: A BILL TO PROHIBIT ANY ATTEMPT BY A PHYSICIAN OR OTHER PERSON CHARGED WITH RATING PHYSICAL IMPAIRMENTS UNDER THE WORKERS' COMPENSATION LAW (TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976) TO DEVISE OR DETERMINE, OR TO SUBSTITUTE FOR THE IMPAIRMENT RATING, A DISABILITY RATING; AND TO REQUIRE PHYSICAL IMPAIRMENT RATINGS TO FOLLOW AND BE IN ACCORDANCE WITH SOME COMPETENT AND RECOGNIZED STANDARD OR GUIDE FOR THE RATING OF IMPAIRMENTS AS PRESCRIBED BY THE WORKERS' COMPENSATION COMMISSION.
Rep. O. PHILLIPS withdrew his objection to the following Bill:
S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.
Rep. KLAPMAN withdrew his objection to the following Bill:
H. 2013 -- Rep. Taylor: A BILL TO AMEND SECTIONS 7-13-35, 7-13-40, 7-13-50, 7-13-60, AS AMENDED, 7-13-70, 7-13-610, 7-13-830, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS; TO AMEND ARTICLE 5 OF CHAPTER 13 OF TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EACH "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
Reps. TAYLOR and KLAPMAN withdrew their objections to the following Bill:
H. 3625 -- Rep. Carnell: A BILL TO AMEND SECTION 61-3-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS INELIGIBLE FOR A RETAIL LIQUOR LICENSE, SO AS TO ADD A PROVISION REQUIRING A PERSON TO HAVE BEEN A RESIDENT OF THIS STATE FOR AT LEAST ONE YEAR PRIOR TO THE DATE OF APPLICATION AND DELETE THE PROVISIONS REGARDING RESIDENCY AND MAINTENANCE OF A PRINCIPAL PLACE OF ABODE IN THE COUNTY IN WHICH THE PROPOSED BUSINESS IS TO BE LOCATED AND OPERATED.
Rep. L. MARTIN withdrew his objection to the following Bill:
H. 2536 -- Labor, Commerce and Industry Committee: A BILL TO PROHIBIT ANY ATTEMPT BY A PHYSICIAN OR OTHER PERSON CHARGED WITH RATING PHYSICAL IMPAIRMENTS UNDER THE WORKERS' COMPENSATION LAW (TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976) TO DEVISE OR DETERMINE, OR TO SUBSTITUTE FOR THE IMPAIRMENT RATING, A DISABILITY RATING; AND TO REQUIRE PHYSICAL IMPAIRMENT RATINGS TO FOLLOW AND BE IN ACCORDANCE WITH SOME COMPETENT AND RECOGNIZED STANDARD OR GUIDE FOR THE RATING OF IMPAIRMENTS AS PRESCRIBED BY THE WORKERS' COMPENSATION COMMISSION.
Rep. SNOW, with unanimous consent, made a statement relative to fire ants.
Rep. McABEE moved that the House recur to the morning hour, which was not agreed to.
Rep. McABEE moved that the House do now adjourn, which was rejected.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2831 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 87 IN TITLE 44 SO AS TO REQUIRE LICENSING OF ASBESTOS ABATEMENT PROJECTS AND ASBESTOS REMOVAL CONTRACTORS, SUPERVISORS, WORKERS, AIR SAMPLING PROFESSIONALS, AND CONSULTANTS, TO PROVIDE A SCHEDULE OF FEES FOR THE LICENSES, AND TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, lt was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Concurrent Resolution was taken up.
S. 1039 -- Senator Applegate: A CONCURRENT RESOLUTION TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO HOLD A JOINT SESSION IN CHARLESTON ON MONDAY, MAY 23, 1988, TO CELEBRATE THE BICENTENNIAL OF THE CONSTITUTION OF THE UNITED STATES AND TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO VISIT IN CHARLESTON ON THE PRECEDING WEEKEND BEGINNING ON SATURDAY, MAY 21, 1988.
Whereas, in 1987, America celebrated the bicentennial of the Constitution of the United States, a document that a British prime minister, William Gladstone, once called "the greatest document ever struck off by the hand and mind of man"; and
Whereas, the Constitution was submitted by resolution of the Constitutional Convention on September 17, 1787. It became effective on March 4, 1789, the day fixed for commencement of the operations of the government, by virtue of its ratification by the conventions of eleven states; and
Whereas, celebrations during this two-year period throughout the United States will be held commemorating this significant occasion; and
Whereas, the Charleston County Legislative Delegation would like to invite the General Assembly to hold a joint session in Charleston to honor and celebrate the bicentennial of the Constitution on Monday, May 23, 1988, at an appropriate location to be designated by the Charleston County Legislative Delegation and to visit in Charleston on the preceding weekend beginning on Saturday, May 21, 1988. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly designates Monday, May 23,; 1988 as a statewide session day, with the General Assembly to meet in joint session to be held in Charleston, South Carolina for the purpose of celebrating the bicentennial of the Constitution of the United States.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 3587 -- Reps. J. Bradley, Mappus, Kohn, G. Bailey, M.O. Alexander, Neilson, J.W. McLeod and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE STATE OF SOUTH CAROLINA FOR THE CONTINUATION OF STATE REGULATION OF INSURANCE AND TO OPPOSE THE REPEAL OR AMENDMENT OF THE McCARRAN-FERGUSON ACT WHICH LEAVES THE REGULATION OF THE INSURANCE BUSINESS TO THE STATES.
Rep. J. BRADLEY explained the Concurrent Resolution.
Rep. McELVEEN moved to adjourn debate upon the Concurrent Resolution until Thursday, March 3, which was adopted.
The following Concurrent Resolution was taken up.
H. 3753 -- Reps. Washington, White, Whipper, Taylor, McBride, Elliott, T. Rogers, Sheheen, Gilbert, Beasley, Faber, J. Brown, Holt, Lewis, Kirsh, Williams, Keyserling, McAbee, Foster, Ferguson, Dangerfield, McLellan, Huff, Carnell, Chamblee and D. Martin: A CONCURRENT RESOLUTION TO REAFFIRM THE COMMITMENT OF THE GENERAL ASSEMBLY TO EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES IN STATE GOVERNMENT AND TO REQUEST STATE AGENCIES TO CONTINUE AND RENEW THEIR EFFORTS TOWARD THIS COMMITMENT.
Whereas, the General Assembly hereby reaffirms its commitment to equal employment opportunities for minorities in state government; and
Whereas, equal hiring and promotional opportunities for all persons regardless of race, sex, creed, or national origin not only is the law of this country but is also morally and ethically right; and
Whereas, state agencies, departments, institutions of higher learning, technical schools, and public schools have made great strides toward providing these opportunities although much work is left to be done; and
Whereas, the members of the General Assembly, by this resolution, call on all state employers to make it their unwavering practice to continue to provide equal employment opportunities for minorities and to look for new ways of meeting this goal. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby reaffirm their commitment to equal employment opportunities for minorities in state government and request state agencies to continue and renew their efforts toward this commitment.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3755 -- Reps. Huff, Sharpe, Rudnick, Pettigrew, Gentry and Jones: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO RENAME THE BRIDGE LOCATED AT THE INTERSECTION OF MARTINTOWN ROAD AND INTERSTATE 20 IN THE CITY OF NORTH AUGUSTA IN AIKEN COUNTY, THE "JOHN L. HIXON BRIDGE".
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is requested to rename the bridge located at the intersection of Martintown Road and Interstate 20 in the City of North Augusta in Aiken County, the "John L. Hixon Bridge".
Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3621 -- Reps. Lockemy, G. Brown, G. Bailey, R. Brown, J. Harris, Burch, Beasley, Waldrop, J.W. McLeod and McBride: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO TAKE ALL EFFORTS AND SUPPORT MEASURES WHICH WOULD RELIEVE THE CONSTRAINTS BEING PLACED ON THE RAILROAD INDUSTRY.
Rep. LOCKEMY explained the Concurrent Resolution and moved to adjourn debate upon the Resolution, which was adopted.
The following Concurrent Resolution was taken up.
H. 3768 -- Reps. Rhoad, Barfield, G. Brown, G. Bailey, Nettles, Snow, R. Brown, Beasley, J.W. McLeod, McEachin, Williams, Stoddard, Neilson, Helmly, E.B. McLeod, Short, Baxley, Wilder, Koon, Holt, Felder, Tucker, Pearce, Blanding, Chamblee, Harvin, Bennett, Taylor, Elliott, Altman, Waldrop, K. Bailey, P. Bradley and J. Rogers: A CONCURRENT RESOLUTION TO REQUEST THE INTERAGENCY COMMITTEE ON SMOKING AND HEALTH TO REFRAIN FROM INTERFERING WITH THE TRADE POLICY OF THE UNITED STATES RELATIVE TO TOBACCO.
Rep. FOSTER moved to adjourn debate upon the Concurrent Resolution, which was adopted.
The following Concurrent Resolution was taken up.
H. 3774 -- Reps. J. Rogers, M.D. Burriss, Aydlette, J. Brown, Taylor, J. Harris, Sheheen and Humphries: A CONCURRENT RESOLUTION URGING AMTRAK TO INSIST ON THE PERFORMANCE OF THE TERMS OF ITS CONTRACT WITH CSX TRANSPORTATION, INC., WHICH INCLUDES FURNISHING PASSENGER RAIL SERVICE ALONG THE ROUTE FROM SAVANNAH, GEORGIA, TO COLUMBIA, SOUTH CAROLINA, TO RALEIGH, NORTH CAROLINA.
Whereas, CSX Transportation, Inc., proposes to discontinue passenger rail service along the route from Savannah, Georgia, to Columbia, South Carolina, to Raleigh, North Carolina; and
Whereas, this proposal, if put into effect, would end a very significant transportation link among the three major cities; and
Whereas, there is a contractual agreement between Amtrak and CSX for rail service which has not been performed; and
Whereas, the proposal by CSX, which owns the rail lines, apparently would cause Amtrak, the provider of the passenger rail service, to reroute its trains elsewhere in derogation of the contract and would result in an adverse impact of a very serious nature. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That Amtrak is urged to insist on the performance of the terms of its contract with CSX Transportation, Inc., which includes furnishing passenger rail service along the route from Savannah, Georgia, to Columbia, South Carolina, to Raleigh, North Carolina.
Be it further resolved that a copy of this resolution be forwarded to Mr. Harold Henderson, acting president of Amtrak, to the Secretary of Transportation in Washington, D.C., and to each member of South Carolina's congressional delegation in Washington, D.C.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 1152 -- Senators Setzler, Garrison, Courson, Wilson, Thomas E. Smith, Jr., Drummond, Hayes, Lee, Pope, Russell, Moore, McLeod, Stilwell, J. Verne Smith, Leatherman, Holland, Hinson, Shealy, Lindsay, Giese, Long, Waddell, Thomas and Branton: A CONCURRENT RESOLUTION TO CREATE A JOINT HOUSE AND SENATE EDUCATION COMMITTEE TO INVESTIGATE THE FEASIBILITY OF OPERATING THE STATE PUBLIC SCHOOL BUS TRANSPORTATION SYSTEM THROUGH THE USE OF PRIVATE CONTRACTORS.
Whereas, all the citizens of this State recognize the need for a safe, competent, efficient public school bus transportation system in South Carolina; and
Whereas, the cost of capital purchases, maintenance, competent bus drivers and liability coverage associated with our public school bus transportation system continue to increase draining much needed dollars away from other aspects of our public education system; and
Whereas, many other public education systems are now turning to private contractors to operate the school bus system resulting in more efficiently operated systems with lower costs to taxpayers; and
Whereas, the General Assembly desires to investigate the full cost associated with the existing public school bus transportation system in South Carolina as well as the approach other school systems are taking with private contractors in order to evaluate the feasibility of such a private contractual system in South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring: That a committee is created to study the management of all public school bus transportation with the view of assessing the feasibility of permitting private individuals or contractors to furnish school bus services. In making this study, the committee shall make every effort to ascertain the full and complete cost of the existing public school bus transportation systems in South Carolina as well as the results of other systems which have considered the use of private contractors as an alternative to operating their public school bus transportation system. The committee is composed of six members, three appointed by the chairman of the Senate Education Committee from the membership of the Senate Education Committee and three appointed by the chairman of the House Education and Public Works Committee from the membership of the House Education and Public Works Committee.
The committee shall meet as soon after its appointment as may be practicable and shall organize by electing one of its members as chairman and one as vice-chairman and other officers as it may consider desirable. The committee shall meet thereafter upon call of the chairman or a majority of its members. The committee may confer with any person or organization that may be helpful in its study. All state agencies shall cooperate with the committee in helping to carry out the purpose of this resolution. The committee shall make its report and recommendations to the General Assembly during the 1988 session.
The members of the. committee shall receive per diem, subsistence, and mileage as provided by law for members of state boards, committees and commissions.
The expenses of the members of the committee must be paid from the approved accounts of their respective bodies.
The Legislative Council, the State Research and Statistical Services Division, the Office of the State Auditor, the State Department of Education and any other state agency shall provide services as the committee may require in order to determine the complete and full cost currently incurred by the State in the operation of the school bus transportation program.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2091J), which was adopted.
Amend the resolution, as and if amended, by striking all after the resolving words and inserting:
/That a committee is created to study the management of the South Carolina public school bus transportation system with the view of assessing the feasibility of permitting private contractors to furnish school bus service. In conducting the study, the committee shall have the following responsibilities:
1. Make every effort to ascertain the full and complete cost of the existing public school bus transportation system in South Carolina as well as the results of other public systems which now use private contractors as an alternative to operating their own public school bus transportation system;
2. Request funds from the civil contingency fund, up to but not to exceed twenty-five thousand dollars to be repaid by the State Department of Education from its 1988-89 general appropriation, in order to retain an independent accounting firm to assist the committee in determining the total actual cost to the State and local school districts in operating the school bus transportation systems;
3. Contract through the Budget and Control Board with a private independent accounting firm to conduct the study as established by the committee;
4. Work with individual school districts to establish a pilot project to ascertain viability of a school bus transportation system;
5. Prepare a "Request for Proposal" within the guidelines of the State Procurement Code that a school district or districts could use to contract with a private contractor to operate a school bus transportation system;
6. Make recommendations to the House Ways and Means Committee, the Senate Finance Committee, the Budget and Control Board, and the State Department of Education for a pilot project beginning in fiscal year 1988-89 to operate a school bus transportation system with a private contractor if the committee finds in its study that it can be done in a manner which will promote the safe transportation of school children more efficiently and with an overall savings to the State.
The committee is composed of seven members as follows: The chairman of the Senate Education Committee or his designee, the chairman of the House Education and Public Works Committee or his designee, the chairman of the Senate Finance Committee or his designee, the chairman of the House Ways and Means Committee or his designee, one member appointed from the House Ways and Means Committee by the chairman thereof, one member appointed from the Senate Finance Committee by the chairman thereof, and one member appointed by the Governor.
The committee shall meet as soon after its appointment as may be practicable and shall organize by electing one of its members as chairman and one as vice-chairman and other officers as it may consider desirable. The committee shall meet thereafter upon call of the chairman or a majority of its members. The committee may confer with any person or organization that may be helpful in its study. All state agencies shall cooperate with the committee in helping to carry out the purpose of this resolution. The committee shall make its report and recommendations during the 1988 session.
The members of the committee shall receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions. The expenses of the legislative members of the committee must be paid from the approved accounts of their respective bodies, and the expenses of the member appointed by the Governor must be paid from the general fund.
The Legislative Council, the Budget and Control Board, the State Research and Statistical Services Division, the Office of the State Auditor, the State Department of Education, and any other state agency shall provide services as the committee may require in order to determine the complete and full cost currently incurred by the State in the operation of the school bus transportation program./
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 1145 -- Senators Shealy, Horace C. Smith, Williams, Bryan, Waddell, McConnell, Martschink and Giese: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE ACCUMULATED INFORMATION CONCERNING THE USE OF ELECTRONIC SURVEILLANCE IN CONNECTION WITH PROBATION, WORK RELEASE, COURT-ORDERED RELEASE, AND ALTERNATIVE SENTENCING REGARDING NONVIOLENT CRIMES.
Be it resolved by the Senate, the House of Representative concurring:
That there is created a committee to study the accumulated information concerning the use of electronic surveillance in connection with probation, work release, court-ordered release, and alternative sentencing regarding nonviolent crimes. The committee is composed of three members of the House of Representatives appointed by the Speaker, three members of the Senate appointed by the President, and three members appointed by the Governor. The committee, from among its membership, shall elect a chairman and other officers as it considers necessary. The committee may meet only on days on which the General Assembly meets. Members of the committee shall receive no per diem, mileage, or subsistence. The committee shall report its findings and recommendations to the General Assembly within sixty days from the effective date of this resolution and cease to exist at that time.
Rep. WILKINS explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. BLACKWELL moved that the House recur to the morning hour.
As a first substitute Rep. McEACHIN moved to recall H. 2883 from the Ways and Means Committee.
As a second substitute Rep. R. BROWN moved to recall H. 2728 from the Medical, Military, Public and Municipal Affairs Committee.
Rep. WHITE moved to table the motion.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Baker Blackwell Blanding Brown, J. Chamblee Dangerfield Elliott Faber Ferguson Foster Gordon Gregory Haskins Jones Kay Keyserling Kirsh Lockemy Martin, D. McBride McElveen McLeod, E.B. Rice Rudnick Sharpe Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, G. Baxley Beasley Boan Bradley, J. Brown, G. Brown, H. Brown, R. Burch Burriss, M.D. Burriss, T.M. Clyborne Cole Cork Corning Davenport Day Derrick Foxworth Gentry Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.W. Koon Lanford Limehouse Mappus Martin, L. Mattos McAbee McCain McEachin McGinnis McKay McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, O. Rogers, J. Rogers, T. Sheheen Short Simpson Stoddard Sturkie Thrailkill Townsend Tucker Wells Wilder
So, the House refused to table the motion to recall H. 2728.
The question then recurred to the motion to recall H. 2728 from the Medical, Military, Public and Municipal Affairs Committee which was agreed to.
Rep. McEACHIN moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. WHITE moved that the House recur to the morning hour, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3678 -- Rep. J. Bradley: A CONCURRENT RESOLUTION TO INVITE THE PRESIDENT AND MRS. RONALD W. REAGAN TO ATTEND THE BALL TO BE HELD IN CHARLESTON ON MAY 21, 1988, IN CELEBRATION OF THE BICENTENNIAL OF THE RATIFICATION OF THE UNITED STATES CONSTITUTION BY THE STATE OF SOUTH CAROLINA, AND TO INVITE PRESIDENT REAGAN TO ADDRESS THE JOINT SESSION OF THE SOUTH CAROLINA GENERAL ASSEMBLY WHICH WILL ASSEMBLE IN THE OLD EXCHANGE BUILDING IN CHARLESTON ON MAY 23, 1988, FOR THE PURPOSE OF MEMORIALIZING SOUTH CAROLINA'S RATIFICATION OF THE CONSTITUTION.
On motion of Rep. J. BRADLEY, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 3678 -- Rep. J. Bradley: A CONCURRENT RESOLUTION TO INVITE THE PRESIDENT AND MRS. RONALD W. REAGAN TO ATTEND THE BALL TO BE HELD IN CHARLESTON ON MAY 21, 1988, IN CELEBRATION OF THE BICENTENNIAL OF THE RATIFICATION OF THE UNITED STATES CONSTITUTION BY THE STATE OF SOUTH CAROLINA, AND TO INVITE PRESIDENT REAGAN TO ADDRESS THE JOINT SESSION OF THE SOUTH CAROLINA GENERAL ASSEMBLY WHICH WILL ASSEMBLE IN THE OLD EXCHANGE BUILDING IN CHARLESTON ON MAY 23, 1988, FOR THE PURPOSE OF MEMORIALIZING SOUTH CAROLINA'S RATIFICATION OF THE CONSTITUTION.
Whereas, the Charleston Commission on the Bicentennial of the United States Constitution is sponsoring a ball to be held in Charleston, South Carolina, on May 21, 1988, in celebration of the bicentennial of the ratification of the United States Constitution by the State of South Carolina; and
Whereas, this ball is one of a series of activities commemorating South Carolina's ratification of the Constitution which includes plans for the South Carolina General Assembly to assemble in the Old Exchange Building in Charleston on May 23, 1988, Just as they did when the Constitution was ratified by this State on May 23, 1788; and
Whereas, South Carolina's delegates to the Constitutional Convention actually signed the finished document on September 17, 1787. The delegates, John Rutledge, Charles Pinckney, Charles Cotesworth Pinckney, and Pierce Butler then came home and fought hard for the ratification of the Constitution; and
Whereas, members of the General Assembly, by this resolution, on behalf of the citizens of South Carolina are desirous of extending a cordial invitation to the President and Mrs. Reagan to attend this exciting bill, and for the President to deliver those remarks as he considers appropriate to the joint session of the General Assembly in the Old Exchange Building in Charleston on May 23, 1988. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the President and Mrs. Ronald W. Reagan are hereby invited to attend the ball to be held in Charleston on May 21, 1988, in celebration of the bicentennial of the ratification of the United States Constitution by the State of South Carolina in 1788, and President Reagan is further invited to address the joint session of the South Carolina General Assembly which will assemble in the Old Exchange Building in Charleston on May 23, 1988, for the purpose of memorializing South Carolina's ratification of the Constitution.
Be it further resolved that a copy of this resolution be forwarded to the President and Mrs. Reagan.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3796 -- Charleston Delegation: A HOUSE RESOLUTION REQUESTING THE HOUSE WAYS AND MEANS COMMITTEE TO PROVIDE ADDITIONAL FUNDING FROM THE EDUCATION IMPROVEMENT ACT OF 1984 FUND FOR SERVICES FOR EMOTIONALLY HANDICAPPED CHILDREN IN ITS CONSIDERATION OF THE 1988-89 GENERAL APPROPRIATIONS ACT.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3799 -- Rep. Baxley: A CONCURRENT RESOLUTION REQUESTING THE ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION TO INVESTIGATE THE MANY COMPLAINTS WHICH RECENTLY HAVE BEEN LODGED AGAINST EASTERN AIR LINES BY THE CITIZENS OF THIS STATE.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3868 -- Rep. Harvin: A CONCURRENT RESOLUTION DESIGNATING NOVEMBER 17, 1988, AS THE FIFTH ANNUAL SOUTH CAROLINA HISTORY DAY, AND AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY AND THE CONFEDERATION OF SOUTH CAROLINA LOCAL HISTORICAL SOCIETIES TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES AND THE SENATE CHAMBERS ON THAT DAY FOR THE CELEBRATION OF THIS EVENT.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3872 -- Reps. Barfield, Bennett, Elliott, Rhoad, Pearce, G. Brown, Sharpe, Thrailkill, Koon, Snow, G. Bailey, Kirsh, Pettigrew, Cole, McCain and Lockemy: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO REPEAL THE PROVISION OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1987 THAT CHANGES THE TAX TREATMENT ON DIESEL FUEL.
Ordered for consideration tomorrow.
The following was introduced:
H. 3888 -- Reps. Wilder, Rhoad, Sharpe, Winstead, Koon, T.M. Burriss, J.H. Burriss, Barfield and P. Bradley: A CONCURRENT RESOLUTION TO PROVIDE FOR THE CREATION OF THE JOINT LEGISLATIVE STUDY COMMITTEE ON THE OPERATION OF THE BARNWELL LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY TO STUDY THE IMPACT OF THE CLOSURE OF THAT FACILITY, AND THAT THE COMMITTEE SHALL MAKE ITS FINAL REPORT TO THE GENERAL ASSEMBLY NO LATER THAN JUNE 30, 1989, AND AFTER THE REPORT IS MADE THE COMMITTEE IS DISSOLVED.
The Concurrent Resolution was ordered referred to the Committee on Labor, Commerce and Industry.
The Senate sent to the House the following:
S. 1256 -- Senators Moore, Shealy, Setzler and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO ROBERT L. MORGAN OF AIKEN COUNTY FOR HIS OUTSTANDING SERVICE TO SOUTH CAROLINA AND THE NATION IN NUCLEAR ENERGY DEVELOPMENT AND TO THE NATION'S DEFENSE AND TO EXTEND BEST WISHES TO HIM UPON HIS RETIREMENT AS MANAGER OF THE SAVANNAH RIVER OPERATIONS, UNITED STATES DEPARTMENT OF ENERGY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1258 -- Senators Lourie, Courson, Giese and Patterson: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE LOCATED IN RICHLAND COUNTY ON HARBISON BOULEVARD, SECONDARY ROAD 757, CROSSING I-26, FOR THE LATE SALVADOR LATORRE, SR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1260 -- Senators Hayes, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE DR. MARTHA KIME PIPER, PRESIDENT OF WINTHROP COLLEGE, ON BEING SELECTED AS SOUTH CAROLINA'S 1988 RECIPIENT OF THE "CAREER WOMAN OF THE YEAR" AWARD PRESENTED BY THE STATE CHAPTER OF BUSINESS AND PROFESSIONAL WOMEN.
Rep. HAYES explained the Resolution.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3889 -- Reps. Harvin, M.D. Burriss, Humphries, Sharpe, Williams, Cole, Mappus, Waldrop, Koon, Thrailkill, Baxley, Davenport, J. Bradley, Simpson and J.H. Burriss: A JOINT RESOLUTION TO PROHIBIT INCREASES IN STATE TAXES OR FEES IN EFFECT ON JUNE 30, 1988, UNTIL AFTER JUNE 30, 1993, AND TO PROHIBIT NEW STATE TAXES OR FEES AFTER JUNE 30, 1988, UNTIL AFTER JUNE 30, 1993.
Referred to Committee on Ways and Means.
H. 3890 -- Reps. Edwards, Taylor, Keyserling, Cork and M.D. Burriss: A BILL TO PROVIDE THAT PRIOR TO AUTHORIZATION OF THE EXPENDITURE OF ANY OIL OVERCHARGE REFUND MONIES PURSUANT TO CERTAIN PROVISIONS OF LAW, THE JOINT LEGISLATIVE COMMITTEE ON ENERGY SHALL REVIEW AND MAKE A RECOMMENDATION AS TO THE APPROVAL AND ADOPTION OF THIS STATE'S ENERGY POLICY AND THE SPECIFIC USES FOR PROPOSED ENERGY CONSERVATION PROGRAMS, PROVIDE THAT THE USE OF THE FUNDS BE WITHIN CERTAIN RESTRICTIONS, GRANT THE COMMITTEE CONTINUOUS ENERGY PROGRAM OVERSIGHT REGARDING THE ACTUAL EXPENDITURE AND USE OF THE OIL OVERCHARGE FUNDS, PROVIDE FOR CERTAIN EVALUATION, PROVIDE FOR THE REPORTING OF CERTAIN COST SAVINGS, PROVIDE FOR THE DEPOSIT OF THESE FUNDS AND THEIR DISBURSEMENT, AND REQUIRE THE STATE AUDITOR TO CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT.
Referred to Committee on Ways and Means.
The following Bill was taken up.
S. 704 -- Senators Lourie, Land, Wilson, Long, Lee, Branton, McConnell, Lindsay, Thomas, Leatherman and Giese: a BILL TO AMEND SECTIONS 23-5-40, 56-1-50, 56-1-130, 56-1-180, 56-1-440, 56-1-460, 56-1-720, 56-1-1030, 56-1-1040, 56-1-1090, AND 56-1-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, SO AS TO PROVIDE THAT A PERSON FIFTEEN AND ONE-HALF YEARS OF AGE INSTEAD OF FIFTEEN YEARS OF ACE MAY APPLY FOR A BEGINNER'S PERMIT, PROVIDE THAT THE HOLDER OF A SPECIAL RESTRICTED LICENSE MAY HAVE THE PROHIBITION WAIVED TO DRIVE TO AND FROM WORK AND TO PROVIDE THAT AT AGE SIXTEEN AND ONE-HALF THE SPECIAL RESTRICTIONS ARE AUTOMATICALLY REMOVED, TO INCREASE THE PENALTIES FOR DRIVING WITHOUT A LICENSE, TO INCREASE THE PENALTIES FOR DRIVING WHEN A LICENSE IS CANCELED, SUSPENDED, OR REVOKED, TO PROVIDE THAT ANY PERSON WHO EXCEEDS SEVENTY MILES AN HOUR IS SUBJECT TO RECEIVING FIVE POINTS, TO PROVIDE THAT THE RECORD OF A HABITUAL OFFENDER MAY BE ADMITTED AS EVIDENCE, TO PROVIDE THAT HABITUAL OFFENDER CASES ARE GOVERNED BY THE ADMINISTRATIVE PROCEDURES ACT, TO PROVIDE THAT A HABITUAL OFFENDER MAY NOT BE ISSUED A DRIVER'S LICENSE FOR FIVE YEARS FROM THE DATE OF THE FINAL DECISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND, IF APPEALED, SUSTAINED BY A COURT, TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL MAKE THE DECISION PROHIBITING OPERATION OF A VEHICLE AND, IF A PERSON IS A HABITUAL OFFENDER, THE DEPARTMENT MUST NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL; TO AMEND SECTIONS 56-5-750, 56-5-1520, 56-5-2930, 56-5-2940, 56-5-2945, 56-5-2950, 56-5-2990, 56-5-4100, 56-5-4450, 56-5-5015, 56-5-6410, 56-5-6420, AND 56-5-6430, RELATING TO TRAFFIC REGULATIONS, SO AS TO PROVIDE FOR A MANDATORY MINIMUM PENALTY FOR FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, TO INCREASE THE PENALTIES FOR EXCEEDING CERTAIN SPEED LIMITS, TO MAKE IT UNLAWFUL TO DRIVE UNDER THE INFLUENCE OF ALCOHOL OR ANY DRUG WHICH RENDERS THE OPERATOR INCAPABLE OF DRIVING SAFELY, TO INCREASE THE PENALTY FOR A FELONY DUI, ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED, TO REQUIRE PERSONS CONVICTED FOR DRIVING UNDER ALCOHOL OR DRUG INFLUENCE AND LICENSE SUSPENSION TO ENROLL IN THE ALCOHOL AND DRUG SAFETY PROGRAM, TO FURTHER PROVIDE REQUIREMENTS FOR TRUCKS OR OTHER VEHICLES LOADED WITH ROCK, GRAVEL, OR SIMILAR SUBSTANCES AND TO PROVIDE EXCEPTIONS AND A PENALTY, TO FURTHER PROVIDE FOR THE TIME IN WHICH HEADLIGHTS ARE TO BE TURNED ON AND TO PROVIDE A PENALTY, TO ADOPT SAFETY STANDARD NUMBER 205 OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEALING WITH TINTING OR GLAZING WINDOWS OF MOTOR VEHICLES, TO PROVIDE THAT ANY CHILD FROM FOUR THROUGH SIX YEARS OF AGE TRANSPORTED IN THE FRONT SEAT BE SECURED BY A SAFETY BELT AND TO FURTHER PROVIDE FOR CHILD PASSENGER RESTRAINT SYSTEMS; SECTIONS 56-9-70 AND 56-9-340, RELATING TO DRIVING WHILE A LICENSE OR REGISTRATION OR OPERATING PRIVILEGE IS REVOKED OR SUSPENDED, SO AS TO INCREASE THE PENALTIES; SECTIONS 56-11-740 THROUGH 56-11-770, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SALE OR DISPOSAL OF A VEHICLE TO A FAMILY MEMBER WITH SUSPENDED REGISTRATION AND PLATES, AND FALSE EVIDENCE AS TO THE INSURED STATUS OF A VEHICLE, SO AS TO INCREASE THE PENALTY FOR THESE OFFENSES; SECTIONS 58-17-1400, 58-17-1450, AND 58-17-1470, RELATING TO SIGNBOARDS AT RAILROAD CROSSINGS AND REPORTS PERTAINING THERETO, SO AS TO REQUIRE THE STATE HIGHWAY ENGINEER OR A DESIGNEE TO MAKE CERTAIN THAT THESE SIGNBOARDS ARE IN ACCORDANCE WITH REGULATIONS AND TO PROVIDE A PENALTY FOR FAILING TO MAINTAIN SIGNBOARDS, TO PROVIDE FOR INSPECTION OF RAILROAD CROSSINGS EVERY FIVE YEARS. REQUIRE CORRECTIVE MEASURES, PROVIDE A PENALTY, AND REQUIRE THE STATE HIGHWAY ENGINEER TO MAKE AN ANNUAL REPORT OF RAILROAD GRADE CROSSINGS; SECTION 59-39-310, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO REQUIRE SCHOOL DISTRICTS TO ESTABLISH PROGRAMS TO INCLUDE PERSONS OF PROVISIONAL DRIVING AGE AND TO REQUIRE PERSONS UNDER EIGHTEEN TO COMPLETE DRIVER EDUCATION PRIOR TO RECEIVING A DRIVER'S LICENSE; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR A DRIVER'S LICENSE COMPACT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-185, 56-1-365, 56-5-2935, 56-5-4455, 56-5-6445, 56-5-6446, AND 58-17-3315 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A POINT-ASSESSABLE TRAFFIC OFFENSE OR INVOLVED IN AN ACCIDENT IN WHICH HE WAS AT FAULT WHILE OPERATING UNDER A SPECIAL RESTRICTED DRIVER'S LICENSE SHALL HAVE THE REMOVAL OF RESTRICTIONS POSTPONED FOR SIX MONTHS AND UNTIL HE IS FREE OF TRAFFIC ACCIDENTS, TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS, TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR VIOLATION OF SECTION 56-5-2930 (DUI), TO MAKE IT UNLAWFUL TO OPERATE A MOVING VEHICLE IN VIOLATION OF SECTION 56-5-4450 WITH ONLY PARKING LIGHTS, TO PROVIDE THAT ARTICLE 47 OF CHAPTER 5 OF TITLE 56 (CHILD PASSENGER RESTRAINT SYSTEM) APPLIES TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS, TO MAKE IT UNLAWFUL TO LEAVE A CHILD UNATTENDED WHILE SECURED IN A CHILD RESTRAINT SYSTEM, AND TO MAKE IT UNLAWFUL TO OPERATE A TRAIN AT AN EXCESSIVE SPEED; AND TO REPEAL SECTIONS 56-1-1050 THROUGH 56-1-1080 RELATING TO JUDICIAL PROCEEDINGS FOR A HABITUAL OFFENDER.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 23, by the Committee on Education and Public Works.
The amendment was then adopted.
Rep. L. MARTIN proposed the following Amendment No. 2 (Doc. No. 2105J), which was adopted.
Amend the House Amendment, as and if amended, by striking SECTION 28 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. L. MARTIN explained the amendment.
Rep. AYDLETTE moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. CARNELL and McABEE proposed the following Amendment No. 3.
Amend as and if amended, by striking Section 29 that relates to bumper stickers required for DUI conviction in Education Committee Amendment.
Rep. McABEE explained the amendment.
Reps. J.C. JOHNSON and TOWNSEND spoke against the amendment.
Rep. CARNELL spoke in favor of the amendment.
Rep. SIMPSON moved that the House recede until 2:15, which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 3.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3.
S. 704 -- Senators Lourie, Land, Wilson, Long, Lee, Branton, McConnell, Lindsay, Thomas, Leatherman and Giese: A BILL TO AMEND SECTIONS 23-5-40, 56-1-50, 56-1-130, 56-1-180, 56-1-440, 56-1-460, 56-1-720, 56-1-1030, 56-1-1040, 56-1-1090, AND 56-l-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, SO AS TO PROVIDE THAT A PERSON FIFTEEN AND ONE-HALF YEARS OF AGE INSTEAD OF FIFTEEN YEARS OF ACE MAY APPLY FOR A BEGINNER'S PERMIT, PROVIDE THAT THE HOLDER OF A SPECIAL RESTRICTED LICENSE MAY HAVE THE PROHIBITION WAIVED TO DRIVE TO AND FROM WORK AND TO PROVIDE THAT AT AGE SIXTEEN AND ONE-HALF THE SPECIAL RESTRICTIONS ARE AUTOMATICALLY REMOVED, TO INCREASE THE PENALTIES FOR DRIVING WITHOUT A LICENSE, TO INCREASE THE PENALTIES FOR DRIVING WHEN A LICENSE IS CANCELED, SUSPENDED, OR REVOKED, TO PROVIDE THAT ANY PERSON WHO EXCEEDS SEVENTY MILES AN HOUR IS SUBJECT TO RECEIVING FIVE POINTS, TO PROVIDE THAT THE RECORD OF A HABITUAL OFFENDER MAY BE ADMITTED AS EVIDENCE, TO PROVIDE THAT HABITUAL OFFENDER CASES ARE GOVERNED BY THE ADMINISTRATIVE PROCEDURES ACT, TO PROVIDE THAT A HABITUAL OFFENDER MAY NOT BE ISSUED A DRIVER'S LICENSE FOR FIVE YEARS FROM THE DATE OF THE FINAL DECISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND, IF APPEALED, SUSTAINED BY A COURT, TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL MAKE THE DECISION PROHIBITING OPERATION OF A VEHICLE AND, IF A PERSON IS A HABITUAL OFFENDER, THE DEPARTMENT MUST NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL; TO AMEND SECTIONS 56-5-750, 56-5-1520, 56-5-2930, 56-5-2940, 56-5-2945, 56-5-2950, 56-5-2990, 56-5-4100, 56-5-4450, 56-5-5015, 56-5-6410, 56-5-6420, AND 56-5-6430, RELATING TO TRAFFIC REGULATIONS, SO AS TO PROVIDE FOR A MANDATORY MINIMUM PENALTY FOR FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, TO INCREASE THE PENALTIES FOR EXCEEDING CERTAIN SPEED LIMITS, TO MAKE IT UNLAWFUL TO DRIVE UNDER THE INFLUENCE OF ALCOHOL OR ANY DRUG WHICH RENDERS THE OPERATOR INCAPABLE OF DRIVING SAFELY, TO INCREASE THE PENALTY FOR A FELONY DUI, ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED, TO REQUIRE PERSONS CONVICTED FOR DRIVING UNDER ALCOHOL OR DRUG INFLUENCE AND LICENSE SUSPENSION TO ENROLL IN THE ALCOHOL AND DRUG SAFETY PROGRAM, TO FURTHER PROVIDE REQUIREMENTS FOR TRUCKS OR OTHER VEHICLES LOADED WITH ROCK, GRAVEL, OR SIMILAR SUBSTANCES AND TO PROVIDE EXCEPTIONS AND A PENALTY, TO FURTHER PROVIDE FOR THE TIME IN WHICH HEADLIGHTS ARE TO BE TURNED ON AND TO PROVIDE A PENALTY, TO ADOPT SAFETY STANDARD NUMBER 205 OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEALING WITH TINTING OR GLAZING WINDOWS OF MOTOR VEHICLES, TO PROVIDE THAT ANY CHILD FROM FOUR THROUGH SIX YEARS OF ACE TRANSPORTED IN THE FRONT SEAT BE SECURED BY A SAFETY BELT AND TO FURTHER PROVIDE FOR CHILD PASSENGER RESTRAINT SYSTEMS; SECTIONS 56-9-70 AND 56-9-340, RELATING TO DRIVING WHILE A LICENSE OR REGISTRATION OR OPERATING PRIVILEGE IS REVOKED OR SUSPENDED, SO AS TO INCREASE THE PENALTIES; SECTIONS 56-11-740 THROUGH 56-11-770, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SALE OR DISPOSAL OF A VEHICLE TO A FAMILY MEMBER WITH SUSPENDED REGISTRATION AND PLATES, AND FALSE EVIDENCE AS TO THE INSURED STATUS OF A VEHICLE, SO AS TO INCREASE THE PENALTY FOR THESE OFFENSES; SECTIONS 58-17-1400, 58-17-1450, AND 58-17-1470, RELATING TO SIGNBOARDS AT RAILROAD CROSSINGS AND REPORTS PERTAINING THERETO, SO AS TO REQUIRE THE STATE HIGHWAY ENGINEER OR A DESIGNEE TO MAKE CERTAIN THAT THESE SIGNBOARDS ARE IN ACCORDANCE WITH REGULATIONS AND TO PROVIDE A PENALTY FOR FAILING TO MAINTAIN SIGNBOARDS, TO PROVIDE FOR INSPECTION OF RAILROAD CROSSINGS EVERY FIVE YEARS. REQUIRE CORRECTIVE MEASURES, PROVIDE A PENALTY, AND REQUIRE THE STATE HIGHWAY ENGINEER TO MAKE AN ANNUAL REPORT OF RAILROAD GRADE CROSSINGS; SECTION 59-39-310, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO REQUIRE SCHOOL DISTRICTS TO ESTABLISH PROGRAMS TO INCLUDE PERSONS OF PROVISIONAL DRIVING AGE AND TO REQUIRE PERSONS UNDER EIGHTEEN TO COMPLETE DRIVER EDUCATION PRIOR TO RECEIVING A DRIVER'S LICENSE; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR A DRIVER'S LICENSE COMPACT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-185, 56-1-365, 56-5-2935, 56-5-4455, 56-5-6445, 56-5-6446, AND 58-17-3315 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A POINT-ASSESSABLE TRAFFIC OFFENSE OR INVOLVED IN AN ACCIDENT IN WHICH HE WAS AT FAULT WHILE OPERATING UNDER A SPECIAL RESTRICTED DRIVER'S LICENSE SHALL HAVE THE REMOVAL OF RESTRICTIONS POSTPONED FOR SIX MONTHS AND UNTIL HE IS FREE OF TRAFFIC ACCIDENTS, TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS, TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR VIOLATION OF SECTION 56-5-2930 (DUI), TO MAKE IT UNLAWFUL TO OPERATE A MOVING VEHICLE IN VIOLATION OF SECTION 56-5-4450 WITH ONLY PARKING LIGHTS, TO PROVIDE THAT ARTICLE 47 OF CHAPTER 5 OF TITLE 56 (CHILD PASSENGER RESTRAINT SYSTEM) APPLIES TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS, TO MAKE IT UNLAWFUL TO LEAVE A CHILD UNATTENDED WHILE SECURED IN A CHILD RESTRAINT SYSTEM, AND TO MAKE IT UNLAWFUL TO OPERATE A TRAIN AT AN EXCESSIVE SPEED; AND TO REPEAL SECTIONS 56-1-1050 THROUGH 56-1-1080 RELATING TO JUDICIAL PROCEEDINGS FOR A HABITUAL OFFENDER.
Debate was resumed on Amendment No. 3 by Reps. CARNELL and McABEE.
Rep. McLELLAN spoke in favor of the amendment.
Rep. KLAPMAN spoke upon the amendment.
Rep. G. BROWN moved to reconsider the vote whereby Amendment No. 2 was adopted and the motion was noted.
Rep. FERGUSON spoke in favor of the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 3.
Rep. McABEE moved that the House recur to the morning hour, which was not agreed to.
The following was introduced:
H. 3891 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 704, RELATING TO HIGHWAY SAFETY, FOR SECOND READING OR OTHER CONSIDERATION BEGINNING ON WEDNESDAY, MARCH 2, 1988, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 704 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 704 be set by special order for second reading consideration on Wednesday, March 2, 1988, and continuing each legislative day until it is given second reading or otherwise disposed of.
Rep. HUFF explained the Resolution.
The Resolution was adopted.
The following was introduced:
H. 3892 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3675, RELATING TO ELECTIONS, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING DISPOSITION OF S. 704 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3675 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 3675 be set by special order for second reading or other consideration immediately following disposition of S. 704 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 3675 is given second reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
The Resolution was adopted.
The following was introduced:
H. 3893 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3385, RELATING TO DEER HUNTING, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING DISPOSITION OF H. 3675 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3385 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 3385 be set by special order for second reading or other consideration immediately following disposition of H. 3675 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 3385 is given second reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
Rep. KIRSH moved to table the Resolution, which was not agreed to by a division vote of 9 to 66.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 3894 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 1100, RELATING TO WIND, STORM, AND HAIL INSURANCE, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING DISPOSITION OF H. 3385 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 1100 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 1100 be set by special order for second reading or other consideration immediately following disposition of H. 3385 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 1100 is given second reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
Rep. MAPPUS moved to table the Resolution, which was not agreed to by a division vote of 10 to 60.
The question then recurred to the adoption of the Resolution, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3.
S. 704 -- Senators Lourie, Land, Wilson, Long, Lee, Branton, McConnell, Lindsay, Thomas, Leatherman and Giese: A BILL TO AMEND SECTIONS 23-5-40, 56-1-50, 56-1-130, 56-1-180, 56-1-440, 56-1-460, 56-1-720, 56-1-1030, 56-1-1040, 56-1-1090, AND 56-1-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, SO AS TO PROVIDE THAT A PERSON FIFTEEN AND ONE-HALF YEARS OF AGE INSTEAD OF FIFTEEN YEARS OF AGE MAY APPLY FOR A BEGINNER'S PERMIT, PROVIDE THAT THE HOLDER OF A SPECIAL RESTRICTED LICENSE MAY HAVE THE PROHIBITION WAIVED TO DRIVE TO AND FROM WORK AND TO PROVIDE THAT AT AGE SIXTEEN AND ONE-HALF THE SPECIAL RESTRICTIONS ARE AUTOMATICALLY REMOVED, TO INCREASE THE PENALTIES FOR DRIVING WITHOUT A LICENSE, TO INCREASE THE PENALTIES FOR DRIVING WHEN A LICENSE IS CANCELED, SUSPENDED, OR REVOKED, TO PROVIDE THAT ANY PERSON WHO EXCEEDS SEVENTY MILES AN HOUR IS SUBJECT TO RECEIVING FIVE POINTS, TO PROVIDE THAT THE RECORD OF A HABITUAL OFFENDER MAY BE ADMITTED AS EVIDENCE, TO PROVIDE THAT HABITUAL OFFENDER CASES ARE GOVERNED BY THE ADMINISTRATIVE PROCEDURES ACT, TO PROVIDE THAT A HABITUAL OFFENDER MAY NOT BE ISSUED A DRIVER'S LICENSE FOR FIVE YEARS FROM THE DATE OF THE FINAL DECISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND, IF APPEALED, SUSTAINED BY A COURT, TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL MAKE THE DECISION PROHIBITING OPERATION OF A VEHICLE AND, IF A PERSON IS A HABITUAL OFFENDER, THE DEPARTMENT MUST NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL; TO AMEND SECTIONS 56-5-750, 56-5-1520, 56-5,2930, 56-5-2940, 56-5-2945, 56-5-2950, 56-5-2990, 56-5-4100, 56-5-4450, 56-5-5015, 56-5-6410, 56-5-6420, AND 56-5-6430, RELATING TO TRAFFIC REGULATIONS, SO AS TO PROVIDE FOR A MANDATORY MINIMUM PENALTY FOR FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, TO INCREASE THE PENALTIES FOR EXCEEDING CERTAIN SPEED LIMITS, TO MAKE IT UNLAWFUL TO DRIVE UNDER THE INFLUENCE OF ALCOHOL OR ANY DRUG WHICH RENDERS THE OPERATOR INCAPABLE OF DRIVING SAFELY, TO INCREASE THE PENALTY FOR A FELONY DUI, ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED, TO REQUIRE PERSONS CONVICTED FOR DRIVING UNDER ALCOHOL OR DRUG INFLUENCE AND LICENSE SUSPENSION TO ENROLL IN THE ALCOHOL AND DRUG SAFETY PROGRAM, TO FURTHER PROVIDE REQUIREMENTS FOR TRUCKS OR OTHER VEHICLES LOADED WITH ROCK, GRAVEL, OR SIMILAR SUBSTANCES AND TO PROVIDE EXCEPTIONS AND A PENALTY, TO FURTHER PROVIDE FOR THE TIME IN WHICH HEADLIGHTS ARE TO BE TURNED ON AND TO PROVIDE A PENALTY, TO ADOPT SAFETY STANDARD NUMBER 205 OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEALING WITH TINTING OR GLAZING WINDOWS OF MOTOR VEHICLES, TO PROVIDE THAT ANY CHILD FROM FOUR THROUGH SIX YEARS OF AGE TRANSPORTED IN THE FRONT SEAT BE SECURED BY A SAFETY BELT AND TO FURTHER PROVIDE FOR CHILD PASSENGER RESTRAINT SYSTEMS; SECTIONS 56-9-70 AND 56-9-340, RELATING TO DRIVING WHILE A LICENSE OR REGISTRATION OR OPERATING PRIVILEGE IS REVOKED OR SUSPENDED, SO AS TO INCREASE THE PENALTIES; SECTIONS 56-11-740 THROUGH 56-11-770, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SALE OR DISPOSAL OF A VEHICLE TO A FAMILY MEMBER WITH SUSPENDED REGISTRATION AND PLATES, AND FALSE EVIDENCE AS TO THE INSURED STATUS OF A VEHICLE, SO AS TO INCREASE THE PENALTY FOR THESE OFFENSES; SECTIONS 58-17-1400, 58-17-1450, AND 58-17-1470, RELATING TO SIGNBOARDS. AT RAILROAD CROSSINGS AND REPORTS PERTAINING THERETO, SO AS TO REQUIRE THE STATE HIGHWAY ENGINEER OR A DESIGNEE TO MAKE CERTAIN THAT THESE SIGNBOARDS ARE IN ACCORDANCE WITH REGULATIONS AND TO PROVIDE A PENALTY FOR FAILING TO MAINTAIN SIGNBOARDS, TO PROVIDE FOR INSPECTION OF RAILROAD CROSSINGS EVERY FIVE YEARS. REQUIRE CORRECTIVE MEASURES, PROVIDE A PENALTY, AND REQUIRE THE STATE HIGHWAY ENGINEER TO MAKE AN ANNUAL REPORT OF RAILROAD GRADE CROSSINGS; SECTION 59-39-310, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO REQUIRE SCHOOL DISTRICTS TO ESTABLISH PROGRAMS TO INCLUDE PERSONS OF PROVISIONAL DRIVING ACE AND TO REQUIRE PERSONS UNDER EIGHTEEN TO COMPLETE DRIVER EDUCATION PRIOR TO RECEIVING A DRIVER'S LICENSE; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR A DRIVER'S LICENSE COMPACT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-185, 56-1-365, 56-5-2935, 56-5-4455, 56-5-6445, 56-5-6446, AND 58-17-3315 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A POINT-ASSESSABLE TRAFFIC OFFENSE OR INVOLVED IN AN ACCIDENT IN WHICH HE WAS AT FAULT WHILE OPERATING UNDER A SPECIAL RESTRICTED DRIVER'S LICENSE SHALL HAVE THE REMOVAL OF RESTRICTIONS POSTPONED FOR SIX MONTHS AND UNTIL HE IS FREE OF TRAFFIC ACCIDENTS, TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS, TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR VIOLATION OF SECTION 56-5-2930 (DUI), TO MAKE IT UNLAWFUL TO OPERATE A MOVING VEHICLE IN VIOLATION OF SECTION 56-5-4450 WITH ONLY PARKING LIGHTS, TO PROVIDE THAT ARTICLE 47 OF CHAPTER 5 OF TITLE 56 (CHILD PASSENGER RESTRAINT SYSTEM) APPLIES TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS, TO MAKE IT UNLAWFUL TO LEAVE A CHILD UNATTENDED WHILE SECURED IN A CHILD RESTRAINT SYSTEM, AND TO MAKE IT UNLAWFUL TO OPERATE A TRAIN AT AN EXCESSIVE SPEED; AND TO REPEAL SECTIONS 56-1-1050 THROUGH 56-1-1080 RELATING TO JUDICIAL PROCEEDINGS FOR A HABITUAL OFFENDER.
Rep. BLACKWELL moved immediate cloture on the entire matter.
Rep. MAPPUS inquired whether immediate cloture may be ordered prior to one hour of debate.
The SPEAKER replied in the affirmative.
Rep. TOWNSEND then inquired whether an amendment being drafted at the time cloture was invoked could still be put on the desk. The SPEAKER replied in the negative.
The question then recurred to the motion to invoke immediate cloture, which was agreed to by a division vote of 41 to 38.
Debate was resumed on Amendment No. 3 by Reps. McABEE and CARNELL.
Rep. J.C. JOHNSON spoke against the amendment.
Rep. McABEE spoke in favor of the amendment.
Rep. SIMPSON spoke against the amendment.
Rep. TOWNSEND 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:
Alexander, M.O. Altman Baker Baxley Beasley Bradley, P. Burriss, M.D. Chamblee Clyborne Day Fair Foxworth Harris, J. Harvin Haskins Hayes Hearn Huff Humphries Johnson, J.C. Kay Lanford Martin, L. McGinnis Nesbitt Pettigrew Phillips, L. Phillips, O. Rice Simpson Snow Thrailkill Townsend Wells
Those who voted in the negative are:
Alexander, T.C. Arthur Aydlette Bailey, G. Bailey, K. Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Carnell Cole Cork Dangerfield Davenport Derrick Edwards Elliott Faber Felder Ferguson Foster Gentry Gilbert Gordon Gregory Hendricks Hodges Johnson, J.W. Jones Keyserling Kirsh Klapman Limehouse Lockemy Mappus Martin, D. Mattos McAbee McBride McCain McEachin McElveen McLellan McLeod, E.B. McTeer Moss Neilson Petty Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Stoddard Sturkie Tucker Waldrop Washington White Wilder
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The motion of Rep. G. BROWN to reconsider the vote whereby Amendment No. 2 was adopted was taken up.
Rep. L. MARTIN moved to table the motion to reconsider, which was agreed to by a division vote of 73 to 9.
Rep. STODDARD proposed the.following Amendment No. 4 (Doc. No. 2140J), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. (A) Section 56-5-5360(d) of the 1976 Code is amended to read:
"(d) Official inspection stations may charge a fee of not more than two five dollars and fifty cents for each inspection and fifty cents one dollar for the. issuance of inspection certificates. Provided, that if If any vehicle does not pass inspection at any station and is taken to another place to have such the defect corrected, the fee shall must not be charged again provided if the motor vehicle is taken to the station which originally made the inspection. Inspection forms shall must be prepared by the State Highway Department of Highways and Public Transportation and furnished to inspection stations at a cost of fifty cents one dollar each."
(B) This section takes effect July 1, 1988./
Renumber sections to conform.
Amend title to conform.
Rep. STODDARD explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 48 to 21.
The SPEAKER granted Reps. LIMEHOUSE and HASKINS a leave of absence for the remainder of the day.
Rep. AYDLETTE proposed the following Amendment No. 5 (Doc. No. 2144J), which was tabled.
Amend the bill, as and if amended, page 20, by striking items (3) and (4) beginning on line 3 and inserting:
/"(3) By a fine of not less than two thousand ten thousand dollars none of which may be suspended and imprisonment for not less than sixty days nor more than three years; for the third offense;
(4) By a fine of not less than three ten thousand dollars none of which may be suspended and imprisonment for not less than ninety days one year nor more than four five years, for the a fourth offense or subsequent offense;"/
Amend further by adding an appropriately numbered section to read:
/SECTION ___. Section 56-1-460 of the 1976 Code is amended by adding at the end:
"For a third or subsequent conviction of driving under suspension the person convicted must be fined ten thousand dollars, none of which may be suspended."/
Amend further by deleting Section 31 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. AYDLETTE explained the amendment.
Rep. McELVEEN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 63 to 12.
Rep. McABEE proposed the following Amendment No. 6, which was tabled.
Amend as and if amended by striking Sections 1, 2 and 3.
Renumber remaining sections.
Amend title to conform.
Rep McABEE explained the amendment.
Rep J.C. JOHNSON spoke against the amendment.
Rep. BEASLEY moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 48 to 22.
Rep. BEASLEY proposed the following Amendment No. 7 (Doc. No. 2141J), which was adopted.
Amend the bill, as and if amended, Section 56-5-6240, by adding at the end of subsection (A) on page 44: /The law enforcement agency confiscating the vehicle shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation./
Amend further, Section 56-5-6240(B), by striking the sentence beginning on line 3 on page 45 and inserting: /Failure of a person claiming an interest in the vehicle to appear at the above proceeding after having been given notice constitutes a waiver of the claim; however, the failure to appear does not in any way alter or affect the claim of a lienholder of record./
Amend title to conform.
Rep. BEASLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 3675 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO DELETE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article III of the Constitution of South Carolina, 1895, be amended to read:
Section 1. The legislative power of this State shall be is vested in two distinct branches, the one to be styled the 'Senate' and the other the 'House of Representatives,' and both together the 'General Assembly of the State of South Carolina' the General Assembly, which shall consist of a Senate and a House of Representatives.
Section 1 2. The General Assembly ought frequently to assemble for the redress of grievances and for making new laws, as the common good may require.
Section 2 3. The House of Representatives shall must be composed of members chosen by ballot every second year by citizens of this State, qualified as in this Constitution is provided one hundred twenty-four members who must be elected from single member election districts every two years by the qualified electors of their respective districts.
Section 4. The Senate must be composed of forty-six members who must be elected from single member election districts every four years by the qualified electors of their respective districts.
Section 3. The House of Representatives shall consist of one hundred and twenty-four members, to be apportioned among the several Counties according to the number of inhabitants contained in each. Each County shall constitute one election district. An enumeration of the inhabitants for this purpose shall be made in the year Nineteen hundred and One, and shall be made in the course of every tenth year thereafter, in such manner as shall be by law directed: Provided, That the General Assembly may at any time, in its discretion, adopt the immediately preceding United States Census as a true and correct enumeration of the inhabitants of the several Counties, and make the apportionment of Representatives amount the several Counties, according to said enumeration: Provided, further, That until the apportionment which shall be made upon the next enumeration shall take effect, the representation of the several Counties as they now exist (including the County of Saluda established by ordinance) shall be as follows: Abbeville, 5; Aiken, 3; Anderson, 5; Barnwell, 5; Beaufort, 4; Berkeley, 4; Charleston, 9; Chester, 3; Chesterfield, 2; Clarendon, 3; Colleton, 4; Darlington, 3; Edgefield, 3; Fairfield, 3; Florence, 3; Georgetown, 2; Greenville, 5; Hampton, 2; Horry, 2; Kershaw, 2; Lancaster, 2; Laurens, 3; Lexington, 2; Marion, 3; Marlboro, 3; Newberry,3; Oconee, 2; Orangeburg, 5; Pickens, 2; Richland,4; Saluda, 2; Spartanburg, 6; Sumter, 5; Union, 3; Williamsburg, 3; York, 4; Provided further, That in the event other Counties are hereafter established, then the General Assembly shall reapportion the Representatives between the Counties.
Section 4. In assigning Representative to the several Counties, the General Assembly shall allow one Representatives to every one hundred and twenty-fourth part of the whole number of inhabitants in the State: Provided, That is in the apportionment of Representatives and County shall appear not to be entitled, from its population, to a Representatives; and if there be still a deficiency shall be supplied by assigning Representatives to those Counties having the largest surplus fractions.
Section 5. No apportionment of Representatives shall take effect until the general election which shall succeed such apportionment.
Section 6. The Senate shall be composed of one member from each County, to be elected for the term of four years by the qualifies electors in each County, in the same manner in which members of the House of Representatives are chosen.
Section 5. The General Assembly shall apportion the House Election Districts and Senatorial Election Districts from which members of these bodies are elected based on each United States decennial census. The apportionment must be made following the official publication of each decennial census and is effective at the next general election at which these members are elected.
Section 7 6. No person shall be is eligible for a seat to serve in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the Senatorial of his respective Election District in regard to any particular seat as may be designated by the General Assembly, as to the Senate, and in the county, as to the House, in which he may be chosen. Senators shall must be at least twenty-five and Representatives at least twenty-one years of age at the time their terms of office begin.
Section 8. The first election for members of the House of Representatives under this Constitution shall be held on Tuesday after the First Monday in November Eighteen Hundred and Ninety-six, and in every second year thereafter, in such manner and at such places as the General Assembly may prescribe.
Section 9 7. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and Ninety-five, is hereby postponed, and the same shall must be convened and held in the city of Columbia on the second Tuesday of January of each year, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place. Provided, that the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution.
Section 8. The members of the General Assembly shall receive an annual salary and those mileage and subsistence allowances and other allowances as may be prescribed by law. Additional salary and allowances may be provided for special sessions of the General Assembly. No General Assembly shall have the power to increase the salary of its own members.
Section 10 9. The terms of office of the Senators and Representatives chosen at a general election shall begin on the Monday following such their election unless otherwise provided by law. The members of the General Assembly must be elected at the general election; provided, that members of the General Assembly may be elected at special elections to fill unexpired terms. The general election must be held on Tuesday after the first Monday in November of each even-numbered year in that manner and at those places as provided by law. The term of Representatives is two years and the term of Senators is four years.
Section 11 10. Each house shall judge of the election returns and qualifications of its own members, except those qualifications which are prescribed in this Constitution. and a A majority of each house shall constitute a quorum to do business;, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such that manner and under such those penalties as may be provided by law or rule.
Section 12 11. Each house shall choose its own officers, determine its rules of procedure, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause.
Section 13 12. Each house may punish by imprisonment during its sitting any person not a member who shall be is guilty of disrespect to the house by any disorderly or contemptuous behavior in its presence, or who, during the time of its sitting, shall threaten harm to the body or estate of any member for anything said or done in either house, or who shall assault any of them therefor, or who shall assault or arrest any witness or other person ordered to attend the house in his going thereto or returning therefrom, or who shall rescue any person arrested by order of the house:; Provided, That such provided, that the time of imprisonment shall may not in any case extend beyond the session of the General Assembly.
Section 14. The members of both houses shall be protected in their persons and estates during their attendance on, going to and returning from the General Assembly, and ten days previous to the sitting and ten days after the adjournment thereof. But these privileges shall not protect any member who shall be charged with treason, felony or breach of the peace.
Section 15 13. Bills for raising revenue shall originate in the House of Representatives, but may be altered, amended, or rejected by the Senate; all other Bills may originate in either house, and may be amended, altered, or rejected by the other.
Section 16 14. The style of all laws shall must be: 'Be it enacted by the General Assembly of the State of South Carolina.'
Section 17 15. Every Act or resolution having the force of law shall relate to but one subject, and that shall must be expressed ln the title.
Section 18 16. No Bill or Joint Resolution shall have the force of law until it shall have has been read three times and on three several different days in each house, has had the Great Seal of the State affixed to it, and has been signed by the President of the Senate and the Speaker of the House of Representatives: Provided, That ; provided, that either branch house of the General Assembly may provide by rule for a first and third reading of any Bill or Joint Resolution by its title only; and provided, further, that either house may provide by rule for the second reading of any Bill or Joint Resolution 'viva voce' or by distribution of printed copies thereof to each member.
Section 19. Each member of the General Assembly shall receive such mileage allowance for the ordinary route of travel in going to and returning from the place where its sessions are held as the General Assembly may provide by law; no General Assembly when convened in extra session shall receive the same compensation as is fixed by law for the regular session.
Section 20 17. In all elections by the General Assembly or either House house thereof, the members shall vote 'vice voco', except by unanimous consent by roll call, and their votes thus given shall must be entered upon the Journal of the House house to which they respectively belong, unless unanimous consent is given to dispense with the roll call.
Section 21 18. Neither house, during the session of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which it shall be is at the time sitting.
Section 22 19. Each house shall keep a journal of its own proceedings, and cause the same to be published immediately after its adjournment, excepting such those parts as, in its judgment, may require secrecy; and the yeas and nays of the members of either house, on any question, shall must, at the desire of ten members of the House or five members of the Senate, respectively, be entered on the journal. Any member of either house shall have liberty to dissent from and protest against any act or resolution which he may think injurious to the public or to an individual, and have the reasons of his dissent entered on the journal.
Section 23 20. The doors proceedings of each house shall must be open public, except on such those occasions as in the opinion of the House may require secrecy when two-thirds of the members present in either house vote to have a closed session.
Section 24 21. No person shall be is eligible to a seat in the General Assembly while he holds any office or position of profit or trust under this State, the United States of America, or any of them, or under any other power, except officers in the militia and Notaries Public; and if any member shall accept or exercise any of the said these disqualifying offices or positions he shall vacate his seat.
Section 25 22. If any election district shall neglect to choose a member or members on the day of election, or if any person chosen a member of either house shall refuse to qualify and take his seat, or shall resign, die, depart the State, accept any disqualifying office or position, or become otherwise disqualified to hold his seat, a writ of election shall must be issued by the President of the Senate or Speaker of the House of Representatives, as the case may be, for the purpose of filling the vacancy thereby occasioned for the remainder of the term for which the person so refusing to qualify, resigning, dying, departing the State, or becoming disqualified, was elected to serve, or the defaulting election district ought to have chosen a member or members. The filling of any vacancy where there is less than one year remaining in the term may be provided by law.
Section 26 23. Members of the General Assembly, and all officers, before they enter upon the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take and subscribe the following oath: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been elected, (or appointed), and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States. So help me God.'
Section 27 24. Officers shall may be removed for incapacity, misconduct, or neglect of duty, in such that manner as may be provided by law, when no mode of trial or removal is provided in this Constitution.
Section 28 25. The General Assembly shall enact such those laws as will exempt real and personal property of a debtor from attachment, levy, and sale under any mesne or final process issued by any court or bankruptcy proceeding.
Section 29 26. All taxes upon property, real and personal, shall must be laid upon the actual value of the property taxed, as the same shall be is ascertained by an assessment made for the purpose of laying such the tax.
Section 30 27. The General Assembly shall never grant extra compensation, fee, or allowance to any public officer, agent, servant, or contractor after service rendered, or contract made, nor authorize payment or part payment of any claim under any contract not authorized by law; but appropriations may be made for expenditures in repelling invasion, preventing or suppressing insurrection.
Section 31 28. Lands belonging to or under the control of the State shall must never be donated, directly or indirectly, to private corporations or individuals, or to railroad companies. Nor shall such this land be sold to corporations, or associations, for a less price than that for which it can be sold to individuals. This, however, shall does not prevent the General Assembly from granting a right-of-way, not exceeding one hundred and fifty feet in width, as a mere easement to railroads across state land, nor to interfere with the discretion of the General Assembly in confirming the title to lands claimed to belong to the State, but used or possessed by other parties under an adverse claim.
Section 33 The marriage of a white person with a negro or mulatto, or person who shall have one-eighth or more of negro blood, shall be unlawful and void. No unmarried woman shall legally consent to sexual intercourse who shall not have attained the age of fourteen years.
Section 34 29. The General Assembly of this State shall not enact local or special laws concerning any of the following subjects or for any of the following purposes, to wit:
I. To change the names of persons or places.
II. To incorporate cities, towns or villages, or change, amend or extend charter thereof.
III. To incorporate educational, religious, charitable, social, manufacturing, or banking institutions not under the control of the State, or amend or extend the charters thereof.
IV. To incorporate school districts.
V. To authorize the adoption or legitimation of children.
VI. To provide for the protection of game.
VII. To summon and empanel grand or petit jurors; provided, that tales boxes may be eliminated by special act in York County.
VIII. Eliminated. (1920) (31) 1700; 1921 (32) 191; 1934 (38) 1623; 1935 (39) 27.)
IX.VIII. In all other cases, where a general law can be made applicable, no special law shall may be enacted: Provided, That the General Assembly may enact local or special laws fixing the amount and manner of compensation to be paid to the county officers of the several counties of the State, and may provide that the fees collected by any such officer, or officers, shall must be paid into the treasury of the respective counties.
XIX. The General Assembly shall forthwith enact general laws concerning said these subjects for said these purposes, which shall must be uniform in their operations: Provided, That nothing contained in this section shall prohibit prohibits the General Assembly from enacting special provisions in general laws.
XI.X. The provisions of this Section shall do not apply to charitable and educational corporations where, under the terms or a gift, devise, or will, special incorporation may be required.
Provided, That that the General Assembly is empowered to divide the State into as many zones as may appear practicable, and to enact legislation as may appear proper for the protection of game in the several zones.
Provided, further, that the General Assembly is empowered to divide the State into as many districts as may appear practicable, and to enact legislation laws as may appear proper for the protection of forestry in the several districts.
Provided, there is hereby created a civil service commission in the City of Spartanburg for the benefit of the police department, including its chief, and fire department, including its chief, under such those terms and conditions as prescribed by the General Assembly.
Provided, that the City of Gaffney may establish a civil service commission for the benefit of such the municipal employees as may be designated by the Gaffney City Council, under such those terms and conditions as prescribed by the General Assembly.
Section 30. The General Assembly shall provide for the codification of the laws of this State and for keeping the codification up to date.
Section 35 31. It shall be is the duty of the General Assembly to enact laws limiting the number of acres of land which any alien or any corporation controlled by aliens may own within this State.
Section 36 32. The General Assembly shall provide for a General Fund Reserve of four percent of the general fund revenue of the latest completed fiscal year. Funds may be withdrawn from the reserve only for the purpose of covering operating deficits of state government. The General Assembly must shall provide for the orderly restoration of funds withdrawn from the reserve from future revenues.
The General Assembly shall provide by law for a procedure to survey the progress of the collection of revenue and the expenditure of funds and to authorize and direct reduction of appropriations as may be necessary to prevent a deficit.
Upon implementation of the provisions of this section, the percentage rate of general fund revenue may be reduced to three or increased to five percent by the special vote provided in this section.
During the regular session of the General Assembly in 1990 and during every fifth annual regular session thereafter, the General Assembly shall conduct and complete a review of the law implementing this section. Unless during such session that review results in an amendment to or repeal of the law implementing this section, which must be accomplished by the special vote provided in this section, the existing percentage rate shall remain unchanged.
The special vote referred to in this section means an affirmative vote in each branch of the General Assembly by two-thirds of the members present and voting, but not less than three-fifths of the total membership in each branch.
In the event Or a year-end operating deficit, so much of the reserve fund as may be necessary must be used to cover the deficit; and the amount must be restored to the reserve fund within three fiscal years of future revenues until four percent general fund reserve is again reached and maintained. Provided, that one percent of the general fund revenue of the latest completed fiscal year must be restored to the reserve fund the first two fiscal years following the deficit and two percent of the general fund revenue of the latest completed fiscal year must be restored to the reserve fund the third i fiscal year following the deficit."
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 ballots:
"Shall Article III of the Constitution of this State be amended so as to require members of the House and Senate to be elected from single-member election districts, to require reapportionment of these election districts every ten years, to provide that the age requirements of Senators and Representatives as contained in the Constitution are as of the time their term of office begins, to provide that the members of the General Assembly shall receive an annual salary and allowances as prescribed by law and that additional salary and allowances may be provided for special sessions, to provide that each house of the General Assembly shall not judge those qualifications of its own members which are set out in the Constitution, to delete the immunity of the members of the General Assembly from civil process or criminal arrest for certain offenses during their attendance at the General Assembly, to authorize either house to provide by rule for the second reading of bills and joint resolutions 'viva voce' or by distribution of printed copies thereof to each member, to require a roll call vote in all elections by the General Assembly or either house thereof except upon unanimous consent to dispense with the roll call, to require the proceedings of each house to be public except when two-thirds of the members present in either house vote to have a closed session, to provide that any vacancy in the General Assembly where the unexpired term is less than one year may be filled as provided by general law, to delete language prohibiting the marriage of persons of a certain race and language relating to unmarried women under a certain age consenting to sexual intercourse, and to provide that the General Assembly shall provide for the codification of the laws of this State and for keeping of the codification up to date?
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'."
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, T.M. Carnell Chamblee Clyborne Cole Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Gentry Gilbert Gordon Gregory Harris, J. Harvin Hayes Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Klapman Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
Hearn Humphries Pettigrew
So, the Joint Resolution having received the necessary two-thirds vote was passed and ordered to third reading.
The following Bill was taken up.
H. 3385 -- Reps. Gregory, Davenport, Klapman, McGinnis, Rudnick, Washington, Winstead, Kirsh, Wells, J. Brown, J. Bradley, Waldrop, Toal, Keyserling, Dangerfield, L. Martin, Day, McElveen and Elliott: A BILL TO AMEND SECTION 50-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DEER HUNTING WITHIN THREE HUNDRED YARDS OF A RESIDENCE ON GAME MANAGEMENT LANDS, SO AS TO PROHIBIT DEER HUNTING WITHIN THREE HUNDRED YARDS OF ANY RESIDENCE.
Debate was resumed on Amendment No. 2, which was proposed by Rep. McEACHIN.
The amendment was then adopted.
Rep. HOLT proposed the following Amendment No. 3, which was tabled.
Amend as and if amended by adding after deer on line 36, Section 1:
"with a rifle"
Amend to conform.
Rep. GREGORY moved to table the amendment, which was agreed to.
Reps. FOXWORTH and R. BROWN proposed the following Amendment No. 4, which was tabled.
Amend as and if amended.
Section 50-11-14 to strike three hundred and insert two hundred.
Amend title to conform.
Rep. GREGORY spoke against the amendment.
Rep. R. BROWN spoke in favor of the amendment.
Rep. TAYLOR moved to table the amendment, which was agreed to.
Rep. GENTRY proposed the following Amendment No. 5, which was tabled.
Amend as and if amended:
To add a new Section to read as follows:
Section : Any person who intentionally discharges any firearm across a public road is guilty of a misdemeanor and, upon conviction, must be fined not more than $200 or imprisoned for a period not to exceed 30 days. The provisions of the section do not apply to any law enforcement officer in the lawful exercise of his official duties.
Amend title to conform.
Rep. GENTRY explained the amendment.
Rep. GREGORY raised the Point of Order that Amendment No. 5 to H. 3385 was out of order as it was not germane to the Bill.
The SPEAKER stated it dealt with hunting, and he overruled the Point of Order.
Rep. GENTRY continued speaking.
Rep. FOXWORTH spoke against the amendment and moved to table the amendment.
Rep. McEACHIN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 36 to 35.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Baxley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Carnell Chamblee Clyborne Cole Davenport Derrick Elliott Faber Fair Felder Ferguson Foxworth Gentry Gordon Gregory Harris, J. Harvin Hayes Hearn Hendricks Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Kohn Lanford Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McLellan McTeer Moss Neilson Nesbitt Pearce Pettigrew Petty Rice Rudnick Sharpe Sheheen Shelton Short Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
Aydlette Blanding Brown, R. Burriss, T.M. Dangerfield Day Lockemy McLeod, E.B. Nettles Phillips, O. Rhoad Simpson
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1100 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.
Rep. AYDLETTE proposed the following Amendment No. 2, which was adopted.
Amend as and if amended by adding a new section appropriately numbered.
"No insurance company currently writing windstorm and hail coverage included in their homeowners policies may discontinue this practice because of this Bill. Also, no insurance company shall change the current homeowners classification from "Coastal Zone" to "Beach Zone" because of this legislation."
Rep. AYDLETTE explained the amendment.
The amendment was then adopted.
Rep. MAPPUS spoke against the Bill.
Rep. J. BRADLEY spoke in favor of the Bill.
Rep. MAPPUS moved to recommit the Bill to the Committee on Labor, Commerce and Industry.
Rep. J. BRADLEY moved to table the motion, which was agreed to by a division vote of 58 to 8.
The question then recurred to the passage of the Bill, as amended, on second reading, which was agreed to.
Rep. J. BRADLEY asked unanimous consent that S. 1100 be read a third time tomorrow.
Rep. MAPPUS objected.
Rep. O. PHILLIPS moved that the House do now adjourn, which was rejected by a division vote of 33 to 46.
Rep. CARNELL moved that the House recur to the morning hour, which was agreed to.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3710 -- Reps. Wilkins, Hayes, Beasley and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1736 SO AS TO PROVIDE FOR THE USE OF FICTITIOUS NAMES IN ADOPTION RECORDS; AND TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR THE COURT TO HEAR AND DETERMINE ACTIONS RELATED TO ADOPTION AS WELL AS FOR ADOPTION; SECTION 20-7-1650, RELATING TO DEFINITIONS PERTAINING TO ADOPTION, SO AS TO DELETE THE REFERENCE TO THE CHILDREN'S BUREAU AND THE DEFINITION OF "LEGAL AGE", REVISE THE DEFINITIONS OF "CHILD PLACING AGENCY", "CONSENT", AND "RELINQUISHMENT", AND DEFINE "COURT"; SECTION 20-7-1670, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION, SO AS TO PROVIDE FOR THE COURT TO SPECIFICALLY FIND CERTAIN CIRCUMSTANCES BEFORE ADOPTION BY A NONRESIDENT, DELETE THE REQUIREMENT THAT SPECIFIC FINDINGS OF FACT MUST EXIST FOR ADOPTION BY A NONRESIDENT, AND PROVIDE FOR A PETITION TO BE BROUGHT TO SHOW EXCEPTIONAL CIRCUMSTANCES BEFORE BIRTH OR PLACEMENT IN AN ADOPTION BY A NONRESIDENT, SECTION 20-7-1680, RELATING TO JURISDICTION OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE FOR THE PROCEEDINGS TO BE BROUGHT IN THE COUNTY IN WHICH THE CHILD IS BORN; SECTION 20-7-1690, RELATING TO CONSENT OR RELINQUISHMENT FOR ADOPTION, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CONSENT OR RELINQUISHMENT ARE REQUIRED; SECTION 20-7-1695, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION ARE NOT REQUIRED, SO AS TO DELETE THE PROVISIONS FOR A PARENT WHO HAS BEEN ADJUDGED INCOMPETENT, TO PROVIDE FOR A PARENT WHO IS UNLIKELY TO PROVIDE MINIMALLY ACCEPTABLE CARE, TO REQUIRE INDEPENDENT COUNSEL TO BE APPOINTED FOR AN INDIGENT PARENT, AND TO PROVIDE FOR RELINQUISHMENT TO A PERSON FACILITATING THE ADOPTION; SECTION 20-7-1700, RELATING TO THE FORM AND CONTENT OF CONSENT OR RELINQUISHMENT, SO AS TO PROVIDE FOR IT TO SPECIFY WHETHER COUNSELING IS NEEDED OR REQUIRED AND THAT THERE IS NO DURESS OR COERCION INSTEAD OF NO PRESSURE AND DELETE THE REQUIREMENT THAT IT BE FREELY GIVEN; SECTION 20-7-1705, RELATING TO THE SIGNING OF THE CONSENT OR RELINQUISHMENT, SO AS TO CHANGE THE REFERENCE TO THE CHILDREN'S BUREAU TO THE DEPARTMENT OF SOCIAL SERVICES, PROVIDE FOR A CONSENT OR RELINQUISHMENT IN ANOTHER JURISDICTION TO BE VALID IN SOUTH CAROLINA, PROVIDE FOR SIGNING OF THE CERTIFICATION TO THE DOCUMENT GIVING CONSENT OR RELINQUISHMENT AND PROVIDE FOR CONSENT OR RELINQUISHMENT TO BE GIVEN WITHOUT DURESS OR COERCION INSTEAD OF KNOWINGLY, INTENTIONALLY, AND FREELY; SECTION 20-7-1730, RELATING TO THE FILING OF THE ADOPTION PETITION, CONSENT OR RELINQUISHMENT, AND POSTPLACEMENT INVESTIGATION, SO AS TO REVISE THE REQUIREMENTS AS TO WHICH REPORTS AND DOCUMENTS MUST BE FILED AT THE TIME THE ADOPTION PETITION IS FILED, UNLESS GOOD CAUSE IS SHOWN; SECTION 20-7-1732, RELATING TO THE APPOINTMENT OF A GUARDIAN AD LITEM, SO AS TO DELETE THE REQUIREMENT THAT THE APPOINTMENT MUST OCCUR AFTER THE FILING OF THE ADOPTION PETITION, PROVIDE FOR APPOINTMENT BEFORE A HEARING ON THE ADOPTION OR RELATED MATTERS, AND PROVIDE FOR SERVICE OF THE PETITION UPON THE ADOPTEE; SECTION 20-7-1734, RELATING TO NOTICE OF ADOPTION PROCEEDINGS, SO AS TO REQUIRE THE FILING OF THE REASONS FOR CONTESTING, INTERVENING, OR OTHERWISE RESPONDING TO AN ADOPTION; SECTION 20-7-1740, AS AMENDED, RELATING TO ADOPTION INVESTIGATIONS AND REPORTS, SO AS TO REVISE REQUIREMENTS IN A PREPLACEMENT AND POSTPLACEMENT INVESTIGATION AND PROVIDE FOR UPDATING OF THE PREPLACEMENT INVESTIGATION REPORT BEFORE THE PLACEMENT OF THE CHILD INSTEAD OF ONE YEAR FROM THE INITIAL REPORT AND EVERY SIX MONTHS; SECTION 20-7-1750, RELATING TO CERTIFICATION OF PERSONS WHO CONDUCT INVESTIGATIONS OR OBTAIN CERTAIN CONSENTS OR RELINQUISHMENTS FOR ADOPTION, SO AS TO CHANGE THE REFERENCES TO CHILDREN'S BUREAU TO DEPARTMENT OF SOCIAL SERVICES, SECTION 20-7-1760, RELATING TO FINAL ADOPTION HEARINGS, SO AS TO PROVIDE FOR EXTENDING OR SHORTENING THE TIME OF THE HEARING FOR A SPECIAL NEEDS CHILD AND FOR THE COURT TO MODIFY THE TIME OF THE HEARING EVEN WHEN THE PETITIONER HAS HAD CUSTODY OF THE ADOPTEE FOR NINETY DAYS; SECTION 20-7-1775, RELATING TO DISBURSEMENTS BY OR ON BEHALF OF THE ADOPTION PETITIONER, SO AS TO PROVIDE FOR AN ACCOUNTING OF EXPENSES INCURRED OR FEES FOR SERVICES RENDERED; AND SECTION 20-7-1780, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF HEARINGS AND RECORDS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO FILES AND RECORDS MAINTAINED BY ANY PERSON CERTIFIED BY THE DEPARTMENT OF SOCIAL SERVICES.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1266 -- Senators Wilson, Stilwell, Russell, Thomas, Lee, Branton, McConnell, Shealy, Giese, Courson, Martschink and Applegate: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE CLARA ANNETTE PIHL PALMER, LONGTIME RESIDENT OF DENMARK IN BAMBERG COUNTY AND MORE RECENTLY OF IRMO IN LEXINGTON COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3895 -- Reps. Wilkins, H. Brown, McElveen, Baxley, Huff, Corning, Rudnick, Clyborne, Haskins, Arthur, Gentry, Tucker, Hendricks, Short and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-49-680 SO AS TO PROVIDE FOR INDEMNIFICATION IN CIVIL AND CRIMINAL ACTIONS AGAINST EXPENSES AND OTHER PAYMENTS BY OFFICERS, TRUSTEES, EMPLOYEES, OR AGENTS OF RURAL ELECTRIC COOPERATIVES.
Referred to Committee on Judiciary.
H. 3896 -- Reps. Wilkins, McElveen, H. Brown, Baxley, Haskins, Huff, Tucker, Hendricks, Rudnick, Short, Clyborne, Corning, McEachin, Gentry, Arthur and Hayes: A BILL TO AMEND SECTIONS 33-49-440, 33-49-610, AND 33-49-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RURAL ELECTRIC COOPERATIVES SO AS TO ELIMINATE THE RIGHT TO VOTE BY MAIL AT COOPERATIVE MEETINGS, TO PROVIDE FOR THE REMOVAL OF TRUSTEES AND THE ELECTION OF SUCCESSORS, AND TO REQUIRE AN AFFIRMATIVE VOTE AT A MEETING OF AT LEAST TWO-THIRDS OF ALL OF THE MEMBERS OF THE COOPERATIVE INSTEAD OF THE MEMBERS VOTING AT THE MEETING IN ORDER TO DISSOLVE A COOPERATIVE.
Referred to Committee on Labor, Commerce and Industry.
S. 1 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 22 SO AS TO PROVIDE A UNIFORM MINIMUM COMPENSATION PLAN FOR MAGISTRATES AND THE FUNDING OF MAGISTRATES' COURTS; TO AMEND SECTION 22-3-10, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO REVISE THE JURISDICTION; TO REPEAL SECTION 22-2-180 RELATING TO COMPENSATION OF MAGISTRATES; TO AMEND CHAPTER 11 OF TITLE 14, RELATING TO MASTERS AND REFEREES, BY ADDING SECTION 14-11-200 SO AS TO REQUIRE TESTIMONY IN ALL CASES INVOLVING TITLE TO REAL ESTATE TO BE TAKEN AND TRANSCRIBED AND IN ALL OTHER CASES TO BE TRANSCRIBED UPON REQUEST OF A PARTY OR IN THE DISCRETION OF THE MASTER-IN-EQUITY; TO AMEND SECTION 14-11-10, RELATING TO THE ESTABLISHMENT OF MASTER-IN-EQUITY COURTS IN THE COUNTIES OF THIS STATE, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE COURTS IN EACH COUNTY HAVING A POPULATION OF AT LEAST ONE HUNDRED TWENTY-FIVE THOUSAND AND FOR THE APPOINTMENT OF MASTERS-IN- EQUITY, TO DELETE AN OBSOLETE REFERENCE TO A DATE, AND TO PROVIDE FOR PART-TIME MASTERS-IN-EQUITY; TO AMEND SECTION 14-11-20, RELATING TO THE APPOINTMENT OF TERMS OF MASTERS-IN-EQUITY, SO AS TO PROVIDE FOR THE APPOINTMENT BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE INSTEAD OF THE GENERAL ASSEMBLY FOR A TERM OF SIX INSTEAD OF FOUR YEARS, TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO DESIGNATE PART-TIME AND FULL-TIME MASTERS-IN-EQUITY, TO ESTABLISH QUALIFICATIONS, TO PROVIDE THAT A MASTER-IN-EQUITY IS SUBJECT TO ASSIGNMENT AS NEEDED BY THE CHIEF JUSTICE OF THE SUPREME COURT, TO PROHIBIT A FULL-TIME MASTER-IN-EQUITY FROM ENGAGING IN THE PRACTICE OF LAW AND STANDING MASTERS-IN-EQUITY FROM SERVING AS PROBATE JUDGES, AND TO PROVIDE CONDITIONS UNDER WHICH A PART-TIME MASTER-IN-EQUITY MAY PRACTICE LAW; TO AMEND SECTION 14-11-30, RELATING TO THE COMPENSATION OF MASTERS-IN-EQUITY, SO AS TO REVISE THE COMPENSATION, TO PROVIDE FOR THE OTHER EXPENSES OF THE MASTER-IN-EQUITY'S OFFICE, AND TO PROVIDE FOR THE APPOINTMENT OF EITHER A PART-TIME OR FULL-TIME MASTER-IN-EQUITY BASED UPON THE POPULATION OF THE COUNTY OR THE AREA SERVED; TO AMEND SECTION 14-11-60, RELATING TO THE FILLING OF A VACANCY, DISQUALIFICATION, OR DISABILITY IN THE OFFICE OF MASTER-IN-EQUITY, SO AS TO PROVIDE THAT A PRESIDING CIRCUIT COURT JUDGE, AFTER GOOD CAUSE BEING SHOWN AND UPON AGREEMENT OF THE PARTIES, MAY APPOINT A SPECIAL REFEREE WITH ALL THE POWERS OF A MASTER- IN-EQUITY WHO MUST BE COMPENSATED BY THE PARTIES INVOLVED IN THE ACTION; TO AMEND SECTION 14-11-90, RELATING TO THE POWERS OF A MASTER-IN-EQUITY, SO AS TO REVISE THE POWERS OF A MASTER-IN-EQUITY, PROVIDE THAT A MASTER-IN-EQUITY HAS THE SAME POWER AND AUTHORITY AS A CIRCUIT COURT JUDGE SITTING WITHOUT A JURY, PROVIDE THAT THE EQUITY COURT IS CONSIDERED A DIVISION OF THE CIRCUIT COURT AND THE MASTER-IN- EQUITY IS ENTITLED TO ALL BENEFITS AND ALL REQUIREMENTS IN THE SAME RESPECT AS CIRCUIT AND FAMILY COURT JUDGES, PROVIDE FOR THE MANNER IN WHICH A MASTER-IN-EQUITY MAY DECIDE ISSUES RAISED BY THE PLEADINGS AND PROOF, AND PROVIDE THAT APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY MUST BE TO THE CIRCUIT COURT UNLESS OTHERWISE DIRECTED BY ORDER OF THE CIRCUIT COURT OR BY CONSENT OF THE PARTIES; TO AMEND SECTION 14-11-140, RELATING TO THE POWERS OF MASTERS-IN-EQUITY INVOLVING THE PARTITION OF REAL OR PERSONAL PROPERTY, SO AS TO DELETE THE REFERENCES TO THE ADMEASUREMENT OF DOWER; TO AMEND SECTION 14-11-310, RELATING TO FEES COLLECTED BY MASTERS-IN-EQUITY, SO AS TO REVISE THE FEE SCHEDULE FOR ACTIONS HEARD BEFORE THE MASTER-IN-EQUITY; TO AMEND SECTION 14-27-20, RELATING TO THE COMPOSITION OF THE JUDICIAL COUNCIL, SO AS TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE INFERIOR COURTS OF THE STATE ON THE COUNCIL; TO AMEND SECTION 14-27-30, RELATING TO THE AUTHORITY OF THE CHIEF JUSTICE OF THE SUPREME COURT TO APPOINT THE MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE INFERIOR COURTS OF THE STATE ON THE COUNCIL; TO AMEND SECTION 14-27-40, RELATING TO THE TERMS OF THE MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO AUTHORIZE THE CHIEF JUSTICE OF THE SUPREME COURT TO DESIGNATE SOME OTHER MEMBER OF THE COURT TO SERVE ON THE COUNCIL DURING HIS TERM OF OFFICE, AND TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE PROBATE COURTS AND TO PROVIDE FOR THE TERMS; TO REPEAL SECTION 14-11-320 RELATING TO COMPENSATION OF REFEREES; TO AMEND ARTICLE 7 OF CHAPTER 21 OF TITLE 8, RELATING TO PROBATE FEES AND COSTS, BY ADDING SECTIONS 8-21-765, 8-21-766, AND 8-21-795 SO AS TO ESTABLISH A SALARY SCHEDULE FOR PROBATE JUDGES BASED ON THE POPULATION OF THE COUNTY IN WHICH THEY SERVE WHICH MUST BE FUNDED BY THE GENERAL ASSEMBLY, PROVIDE THAT ALL PROBATE JUDGES WHO, ON JULY 1, 1988, ARE MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM REMAIN MEMBERS OF THESE SYSTEMS, AND PROVIDE THAT ALL FEES, AFTER JUNE 30, 1988, TO WHICH THE PROBATE COURT IS ENTITLED PURSUANT TO SECTION 8-21-790 MUST BE TRANSFERRED TO THE STATE TREASURER AND DEPOSITED IN THE GENERAL FUND; TO AMEND SECTION 8-21-760, RELATING TO THE SALARIES OF PROBATE JUDGES, SO AS TO REQUIRE THE GOVERNING BODY OF EACH COUNTY TO FUND THE OPERATIONS OF THE PROBATE COURT IN THAT COUNTY EXCEPT FOR THE SALARIES OF JUDGES; AND TO AMEND SECTION 9-8-120, RELATING TO THE PROVISIONS GOVERNING A BENEFICIARY OF THE STATE RETIREMENT SYSTEM RETURNING TO THE SERVICE OF THE STATE, SO AS TO AUTHORIZE A RETIRED JUSTICE OR JUDGE TO BE CALLED UPON AND APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT TO PERFORM JUDICIAL DUTIES IN PROBATE COURTS.
Referred to Committee on Judiciary.
S. 356 -- Senator Land: A BILL TO AMEND SECTION 40-36-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA OCCUPATIONAL THERAPY PRACTICE ACT, SO AS TO DEFINE OCCUPATIONAL THERAPY AIDE; TO AMEND SECTION 40-36-50, RELATING TO LIMITED PERMITS FOR THE PRACTICE OF OCCUPATIONAL THERAPY, SO AS TO DELETE THE PROVISIONS REQUIRING A LICENSED OCCUPATIONAL THERAPIST TO BE PRESENT ON THE PREMISES WHEN A PERSON IS PRACTICING UNDER A LIMITED PERMIT; TO AMEND SECTION 40-36-120, RELATING TO APPLICATIONS FOR LICENSES FOR THE PRACTICE, SO AS TO DELETE THE PROVISIONS REQUIRING AN OCCUPATIONAL THERAPY ASSISTANT'S PROGRAM TO BE APPROVED BY THE AMERICAN OCCUPATIONAL THERAPY ASSOCIATION, ALLOWING THE LICENSING OF A PRACTICING OCCUPATIONAL THERAPY ASSISTANT AS AN OCCUPATIONAL THERAPIST WITHOUT THE EDUCATIONAL REQUIREMENTS, AND REQUIRING THAT AN OCCUPATIONAL THERAPIST MUST NOT HAVE BEEN CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE; AND TO AMEND SECTION 40-36-130, RELATING TO EXAMINATIONS OF PERSONS APPLYING FOR LICENSURE, SO AS TO DELETE THE PROVISIONS DETAILING REQUIREMENTS FOR EXAMINATION AND REEXAMINATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 756 -- Senators Drummond and Thomas: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-65 SO AS TO REQUIRE THE STATE DEPARTMENT OF CORRECTIONS TO PROVIDE PERSONS NOT CONVICTED OF VIOLENT CRIMES AND NOT OTHERWISE WORKING TO WORK ON LITTER CONTROL PROJECTS SELECTED BY LOCAL GOVERNMENTS.
Referred to Committee on Judiciary.
The following was received.
Columbia, S.C., March 2, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 350:
S. 350 -- Corrections and Penology Committee: A BILL TO PROVIDE THAT EVERY SOLICITOR SHALL FURNISH THE APPROPRIATE CLERK OF COURT WITH A COPY OF ARREST WARRANTS, INCIDENT REPORTS, CRIMINAL CONVICTION RECORDS, AND THE PRESENTENCE INVESTIGATION OF EACH DEFENDANT SENTENCED TO A TERM OF IMPRISONMENT IN EXCESS OF NINETY DAYS, TO PROVIDE THAT THE CLERK OF COURT SHALL ATTACH A COPY OF THESE REPORTS TO THE PRISONER'S COMMITMENT PAPERS, AND TO PROVIDE THAT THE SOLICITOR AND CLERK OF COURT SHALL ALSO INSURE THAT ALL COMMITMENT ORDERS PERTAINING TO DEFENDANTS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS ARE REMITTED TO THE DEPARTMENT OF CORRECTIONS WITHIN TEN DAYS AFTER THE ADJOURNMENT OF THAT TERM OF COURT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following Bill was taken up.
S. 97 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-150 SO AS TO PROVIDE THAT NO CIVIL ACTION MAY BE BROUGHT IN THIS STATE FOR THE TORTS OF CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS; AND TO AMEND SECTION 15-3-530, RELATING TO ACTIONS INCLUDED IN THE SIX-YEAR PERIOD PRESCRIBED FOR THE COMMENCEMENT OF ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY, AND SECTION 15-37-50, RELATING TO LIMITATION ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO DELETE THE REFERENCES TO CRIMINAL CONVERSATION.
Reps. McELVEEN, HUFF, WILKINS, HEARN and T. ROGERS proposed the following Amendment No. 2 (Doc. No. 1870J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1 of Chapter 3 of Title 15 of the 1976 Code is amended by adding:
"Section 15-3-150. No civil action may be brought in this State for the tort of criminal conversation."
SECTION 2. Section 15-3-530(5) of the 1976 Code is deleted, and the remaining items must be renumbered to conform.
SECTION 3. Section 15-3-550 of the 1976 Code is amended to read:
"Section 15-3-550. Within two years:
(1) An an action for libel, slander, assault, battery, alienation of affections, or false imprisonment; and
(2) An an action upon a statute for a forfeiture or penalty to the State."
SECTION 4. Section 15-37-50 of the 1976 Code is amended to read:
"Section 15-37-50. Whenever When in an action for assault, battery, false imprisonment, libel, slander, malicious prosecution, criminal conversation alienation of affections, or seduction or in any other action for damages for a tort the amount recovered shall be is less than one hundred dollars, the total amount of costs and disbursements shall may not exceed the amount so recovered in the action."
SECTION 5. Section 15-3-150 of the 1976 Code, as added in Section 1 of this act, applies to causes of action for criminal conversation accruing after June 30, 1988.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. McELVEEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2929 -- Rep. Blackwell: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-130 SO AS TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN ANY BOARD, COMMISSION, COMMITTEE, OR OTHER ENTITY, WHOSE DUTIES ARE PRESCRIBED BY LAW, WHEN THERE IS NO PROVISION FOR FILLING THE VACANCY.
Rep. BLACKWELL proposed the following Amendment No. 1, which was adopted.
Amend as and if amended, by adding under Section 8-1-30:
"Whenever a vacancy is to be filled only by election, and there are more than sixty days until the next general election, the vacancy must be filled by the Governor with the advice and consent of the Senate until the next general election.
If less than 60 days remain until the general election when the vacancy occurs, the office must remain vacant until a successor is elected at that general election and qualifies for the remainder of the term."
Rep. BLACKWELL 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. SIMPSON, with unanimous consent, it was ordered that H. 2929 be read the third time tomorrow.
The following Bill was taken up.
H. 3415 -- Rep. Wells: A BILL TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO ALLOW COUNTY COUNCILS TO ENACT ORDINANCES REGULATING NOISE IN RESIDENTIAL AREAS AND STRUCTURES AND PROVIDE FOR FINES OF NOT MORE THAN TWO HUNDRED DOLLARS FOR VIOLATIONS.
Reps. WILDER and GORDON objected to the Bill.
The SPEAKER granted Rep. P. BRADLEY a leave of absence for the remainder of the day.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3625 -- Rep. Carnell: A BILL TO AMEND SECTION 61-3-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS INELIGIBLE FOR A RETAIL LIQUOR LICENSE, SO AS TO ADD A PROVISION REQUIRING A PERSON TO HAVE BEEN A RESIDENT OF THIS STATE FOR AT LEAST ONE YEAR PRIOR TO THE DATE OF APPLICATION AND DELETE THE PROVISIONS REGARDING RESIDENCY AND MAINTENANCE. OF A PRINCIPAL PLACE OF ABODE IN THE COUNTY IN WHICH THE PROPOSED BUSINESS IS TO BE LOCATED AND OPERATED.
H. 2144 -- Reps. Blackwell, Mattos and M.O. Alexander: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED ENDORSEMENTS ON NOTARY PUBLIC APPLICATIONS, SO AS TO REVISE THE PERSONS WHO ARE REQUIRED TO MAKE THESE ENDORSEMENTS.
Rep. BLACKWELL explained the Bill.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 3625 be read the third time tomorrow.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 2144 be read the third time tomorrow.
The following Bill was taken up.
S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 1, by the Committee on Judiciary.
Rep. WILKINS explained the amendment.
Reps. KIRSH, WHITE and GORDON objected to the Bill.
Rep. L. MARTIN moved that the House do now adjourn.
Rep. J. ROGERS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. KLAPMAN demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 61 to 25.
The Senate returned to the House with concurrence the following:
H. 3869 -- Cherokee County Legislative Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. MAGGIE DAVIS PEELER OF GAFFNEY IN CHEROKEE COUNTY, GRANDMOTHER OF THE HONORABLE HARVEY S. PEELER, JR., UPON HER DEATH.
H. 3873 -- Reps. Rudnick, Huff, Jones, Sharpe and Pettigrew: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. INEZ SMITH PERRY OF AIKEN UPON HER DEATH.
At 4:10 P.M. the House in accordance with the motion of Rep. L. MARTIN adjourned to meet at 10:00 A.M. tomorrow.
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