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:
Eternal God our Father, Whose love never lets us go and Whose patience never lets us down, we lift our thoughts in thanksgiving and praise to our ever-present God. We rejoice in the glory of this new day. And as we move forward into its duties and demands, make us ready for every responsibility, equal to every experience and adequate for every activity. May we be a match for the mood of every moving moment. Remove from us any resentment which would ruin our disposition, any bitterness that would blight our lives, and any animosity that would activate ill will in us.
Make us to serve worthily at all times our God and Your people, through Jesus we pray.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 2218 -- Rep. Lockemy: A BILL TO AMEND SECTION 40-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF ACUPUNCTURE, SO AS TO AUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS TO PROMULGATE REGULATIONS RELATING TO THE PRACTICE OF ACUPUNCTURE.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3575 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF PSYCHOLOGY FOR SIX YEARS AND TO AMEND SECTION 40-55-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE OF ETHICS FOR PSYCHOLOGISTS, SO AS TO AUTHORIZE THE ADOPTION OF THE CODE OF ETHICS FOR PSYCHOLOGISTS AND DELETE THE SPECIFIC REFERENCE TO THE CODE PUBLISHED BY THE AMERICAN PSYCHOLOGICAL ASSOCIATION AND AN UNNECESSARY DATE AND TO REQUIRE CONSULTATION AND COLLABORATION WITH PHYSICIANS IN EXTENDED PSYCHOTHERAPY CASES.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3654 -- Reps. T. Rogers, Day and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-300 TO ARTICLE 3, CHAPTER 21, TITLE 24, SO AS TO PROVIDE FOR THE ISSUANCE OF A CITATION AND AFFIDAVIT INSTEAD OF A WARRANT DURING A PERIOD OF SUPERVISION WHEN A PROBATIONER, PAROLEE, OR ANY PERSON RELEASED OR FURLOUGHED UNDER THE PRISON OVERCROWDING POWERS ACT VIOLATES THE CONDITIONS OF HIS RELEASE OR SUSPENDED SENTENCE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3706 -- Reps. J. Rogers and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-29-67, SO AS TO PROVIDE FOR PAYMENTS IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS VALUED AT ONE HUNDRED MILLION DOLLARS OR MORE FINANCED BY INDUSTRIAL REVENUE BONDS, TO PROVIDE FOR DISTRIBUTION OF THE PAYMENTS, AND TO PROVIDE THAT PROJECTS MAKING PAYMENTS IN LIEU OF TAXES ARE CONSIDERED EXEMPT PROPERTY FOR PURPOSES OF DETERMINING BONDED INDEBTEDNESS LIMITS AND THE INDEX OF TAXPAYING ABILITY.
Ordered for consideration tomorrow.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Baker Barfield Baxley Beasley Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Dangerfield Davenport Day Fair Ferguson Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hearn Helmly Hendricks Holt Huff Humphries Johnson, J.W. Kay Kirsh Klapman Lanford Mappus Martin, D. Martin, L. Mattos McEachin McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Sharpe Sheheen Shelton Simpson Snow Sturkie 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 3, 1988.
Larry Blanding Ken Bailey C.D. Chamblee M.P. Carnell Robert N. McLellan Ronald Townsend Derham Cole L. Edward Bennett James H. Hodges Gene Stoddard John H. Burriss Jennings McAbee William H. Jones George Bailey Paul Derrick Ben Thrailkill Irene K. Rudnick Will McCain Robert Hayes J.C. Johnson Paul Short James Faber Frank E. McBride Jack Gregory T.W. Edwards Robert A. Kohn James E. Lockemy Joe E. Brown Joseph McElveen Harriet Keyserling Dick Elliott
STATEMENT OF ATTENDANCE
Reps. LOCKEMY and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, March 2, 1988.
The SPEAKER granted Rep. BURCH a leave of absence for the day.
The SPEAKER granted Rep. FOSTER a leave of absence due to a death in the family.
Announcement was made that Dr. Bartolo M. Barone of Charleston is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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. 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.
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.
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.
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.
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.
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.
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.
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.
The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that they be enrolled for ratification.
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.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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 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.
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.
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. MAPPUS moved to recommit the Bill to the Committee on Labor, Commerce and Industry.
Rep. DANGERFIELD moved to table the motion, which was agreed to.
The question then recurred to the passage of the Bill on third reading, which was agreed to.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 8, which was adopted.
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 following Bill was taken up, read the second time, and ordered to a third reading:
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.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3728 be read the third time tomorrow.
The following Bill was taken up.
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.
Rep. BLANDING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 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.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up
S. 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.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6380k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Article 1, Chapter 43, Title 38 of the 1976 Code is amended by adding:
"Section 38-43-245. Any licensed insurance agent who, with the intent to injure, defraud, or deceive any insurance company or applicant for insurance:
(1) presents or causes to be presented to any insurance company an application for insurance, knowing that the application contains any false or misleading information or omissions concerning any fact or thing material to the underwriting of the insurance for which the application is submitted, or
(2) assists, abets, solicits, or conspires with another to prepare or make an application for insurance, knowing that the application contains any false or misleading information or omissions concerning any fact or thing material to the underwriting of the insurance for which the applicant is submitted, is guilty of a misdemeanor felony and, upon conviction, must be punished by imprisonment for not more than five years or a fine not to exceed five thousand dollars, or both."
SECTION 2. This act takes effect upon approval by the Governor.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that H. 3735 be read the third time tomorrow.
The following Bill was taken up.
H. 2536 -- Labor, Commerce and Industry Committee: A BILL TO PROHIBIT ANY ATTEMPT BY A PHYSICIAN OR OTHER PERSON CHARGED WITH RATING PHYSICAL IMPAIRMENTS UNDER THE WORKERS' COMPENSATION LAW (TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976) TO DEVISE OR DETERMINE, OR TO SUBSTITUTE FOR THE IMPAIRMENT RATING, A DISABILITY RATING; AND TO REQUIRE PHYSICAL IMPAIRMENT RATINGS TO FOLLOW AND BE IN ACCORDANCE WITH SOME COMPETENT AND RECOGNIZED STANDARD OR GUIDE FOR THE RATING OF IMPAIRMENTS AS PRESCRIBED BY THE WORKERS' COMPENSATION COMMISSION.
Reps. WHITE and BLANDING objected to the Bill.
The following Bill was taken up.
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.
Rep. SHARPE objected to the Bill.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2272J).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 20-7-1820 of the 1976 Code is amended to read:
"Section 20-7-1820. Any person may adopt his spouse's child, and any person may adopt a child to whom he is related by blood or marriage. In the adoption of these children:
(a) no investigation or report required under the provisions of Section 20-7-1740 is required unless otherwise directed by the court;
(b) no accounting by the petitioner of all disbursements required under the provisions of Section 20-7-1775 is required unless the accounting is ordered by the court; and
(c) upon good cause shown, the court may waive the requirement, pursuant to Section 20-7-1760, that the final hearing must not be held prior to before ninety days after the filing of the adoption petition; and
(d) upon good cause shown, the court may waive the requirement, pursuant to Section 20-7-1695(A)(2), of the appointment of independent counsel for an indigent parent."/
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2728 -- Rep. R. Brown: A BILL TO AMEND SECTION 43-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELECTION, SALARY, AND DUTIES OF THE COUNTY DIRECTOR OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO AUTHORIZE THE COUNTY BOARD OF SOCIAL SERVICES TO TERMINATE THE DIRECTOR.
Rep. CORNING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. KIRSH moved that when the House adjourns it adjourn out of memory and respect for the late William Scott Foster, the father of colleague Sam Foster, which was agreed to.
On motion of Rep. KLAPMAN, with unanimous consent, the House stood in silent prayer in memory of Rep. Foster's father, Mr. William Scott Foster.
Upon the withdrawal of objections by Reps. MAPPUS, CORK and DANGERFIELD 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. 3, which was proposed on Wednesday, March 2, by Rep. AYDLETTE.
Rep. AYDLETTE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. FAIR asked unanimous consent that H. 3338 be read a third time tomorrow.
Rep. BAXLEY objected.
Upon the withdrawal of an objection by Rep. HUFF the following Bill was taken up.
H. 2484 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF THE STATE WORKERS' COMPENSATION FUND AND ITS DIRECTOR, SO AS TO, AMONG OTHER THINGS, DELETE THE PROVISION THAT THE DIRECTOR SERVES FOR A TERM OF SIX YEARS WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE THAT HE IS DIRECTLY RESPONSIBLE TO THE GOVERNOR WHO HAS THE POWER TO REMOVE HIM FOR CAUSE, REQUIRE THE DIRECTOR TO PROVIDE QUARTERLY MANAGEMENT REPORTS TO THE GOVERNOR, PROVIDE THAT THESE REPORTS ALSO MUST BE MADE AVAILABLE TO STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, WITH JURISDICTION, IF REQUESTED, AND REQUIRE THE DIRECTOR TO SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY ANNUALLY; AND TO AMEND SECTION 8-17-370, RELATING TO GROUPS EXEMPTED FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO INCLUDE THE ATTORNEYS OF THE STATE WORKERS' COMPENSATION FUND.
Rep. L. MARTIN moved to adjourn debate upon the Bill until Tuesday, March 8, which was adopted.
Rep. SHARPE withdrew his objection to the following Bill whereupon an objection was raised by Rep. BLANDING.
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.
Rep. WILDER, with unanimous consent, made a statement relative to an article in "The State" newspaper.
On motion of Rep. WHITE, with unanimous.consent, the following Bill was ordered recalled from the Legislative Council.
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.
Rep. WHITE asked unanimous consent to reconsider the vote whereby the House concurred in the Senate Amendments to H. 2831.
Rep. KLAPMAN objected.
Rep. LOCKEMY, with unanimous consent, withdrew his objection to H. 2563 however, other objections remained upon the Bill.
On motion of Rep. BLACKWELL, with unanimous consent, the following Bill was introduced, read the first time, and ordered placed on the calendar without reference.
H. 3897 -- Reps. M.O. Alexander, Baker, Blackwell, P. Bradley, Clyborne, Fair, Haskins, Mattos, L. Phillips, Rice, Shelton and Wilkins: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR CERTAIN PRECINCTS.
Without reference.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 3897 be read the second time tomorrow.
Rep. WILKINS moved to reconsider the vote whereby debate was adjourned on the following Bill until Tuesday, March 8, which was agreed to.
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 Senate Amendments to the following Bill were taken up for consideration.
H. 2101 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE FOR ADMISSION TO PSYCHIATRIC TREATMENT FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS WELL AS MENTAL HEALTH FACILITIES APPROVED BY THE DEPARTMENT OF MENTAL HEALTH AND TO MAKE CHANGES IN THE PROCEDURE FOR EMERGENCY ADMISSIONS.
Rep. O. PHILLIPS moved to adjourn debate upon the Senate Amendments until Thursday, March 17.
Rep. P. HARRIS moved to table the motion to adjourn debate.
Rep. P. HARRIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.M. Alexander, T.C. Altman Bailey, K. Barfield Bennett Blanding Boan Bradley, J. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, Carnell Chamblee Clyborne. Cork Corning Edwards Faber Fair Ferguson Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Koon Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McKay McLeod, E.B. Nesbitt Petty Phillips, L. Rice Rogers, T. Rudnick Sharpe Shelton Simpson Snow Townsend Tucker Waldrop Whipper White Williams
Those who voted in the negative are:
Arthur Aydlette Bailey, G. Davenport Day Lanford Limehouse McEachin McGinnis Moss Neilson Pettigrew Phillips, O. Rogers, J. Wells Winstead
So, the motion to table was agreed to.
Rep. MOSS made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3283 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-29-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS OR DISTRIBUTIONS BY DOMESTIC INSURERS BEING REQUIRED, SO AS TO REVISE WHAT CONSTITUTES AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION FOR PURPOSES OF THIS SECTION.
Rep. J. BRADLEY explained the Senate Amendment.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2021 -- Reps. Harvin, T.M. Burriss, P. Bradley and Corning: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO PROSCRIBE THE FAILURE TO PROVIDE HUMANE CARE AND TREATMENT AND VETERINARY CARE AND TO INCREASE THE PENALTIES.
Rep. BLANDING made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
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.
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.
The following House Resolution was taken up.
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.
Rep. KLAPMAN moved to table the House Resolution, which was agreed to.
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.
Whereas, State regulation of insurance has been and continues to be responsive to the needs and desires of the citizens of the several states; and.
Whereas, the McCarran-Ferguson Act leaves the regulation of the insurance business to the several states under the continuing oversight of Congress; and
Whereas, the different states, due to their size, economy, and generally dissimilar needs, require individualized regulation that cannot be met by federal regulation and such federal regulation may be inappropriate, inapplicable, or detrimental to the interests of various states individually; and
Whereas, repeal of the McCarran-Ferguson Act would lead to a loss of authority by the states to regulate the insurance business as well as protections afforded to their respective citizens; and
Whereas, the regulation and taxation of the business of insurance is being effectively administered by South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina express support for the continuation of state regulation of insurance and oppose repeal or amendment of the McCarran-Ferguson Act.
Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
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.
Whereas, several events have led to the loss of rail service to many small.communities causing a burden to the industrial residents of these areas; and
Whereas, this loss of rail service has resulted in many economic hardships on all citizens living in these areas; and
Whereas, jobs are being terminated and families deprived of livelihood; and
Whereas, Congress needs to realize that much work in support of the railroads of America is needed before the drastic and tragic effects of the current trends of our railroad industry are beyond repair. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That Congress be memorialized to take all efforts and support measures which would Strengthen the railroad system throughout the United States especially in the Smaller communities.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, to each member of the South Carolina congressional delegation, to the Chairman of the Ways and Means Committee of the House of Representatives, and to the Chairman of the Finance Committee of the Senate of the United States.
Rep. LOCKEMY explained the Concurrent Resolution.
Rep. LOCKEMY, with unanimous consent, amended the Concurrent Resolution at the desk.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
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.
Whereas, tobacco is one of the very few American industries that has the ability to produce world-class exports; and
Whereas, tobacco is one of only four products likely to show both increases in exports and reductions in imports based on the improved relative price competitiveness of United States goods in both domestic and foreign markets; and
Whereas, in sharp contrast to a persistent national trade deficit that quadrupled from thirty-six billion dollars in 1980 to a record one hundred seventy billion dollars in 1986, the tobacco industry consistently has produced an annual trade surplus; and
Whereas, exports of cigarettes and leaf tobacco maintain employment and earnings nationally; and
Whereas, United States trade policy has been considered carefully by experts in economics, business, trade, agriculture, and international finance and established by administration and congressional officials; and an antitobacco office within the Department of Health and Human Services has no authority or expertise in this complex issue; and
Whereas, the stakes are too high to permit domestic antitobacco leaders to endanger national trade policy; and
Whereas, to adopt antitobacco trade policy would have no impact on world smoking patterns but would definitely impose a damaging self-inflicted wound on the national economy. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring: That the General Assembly of the State of South Carolina urges the Interagency Committee on Smoking and Health to leave questions of United States trade policy to the duly recognized experts and authorities in economics, business, trade, agriculture, and international finance as established by administration and congressional officials.
Be it further resolved that the Interagency Committee on Smoking and Health avoid attempts to set policy in areas in which it has no expertise or authority and which could cripple the economic well-being of thousands of American farm families.
Be it further resolved that the United States seek to encourage tobacco and other American product exports and a positive balance of trade and not work to damage American trade policy.
Be it further resolved that a copy of this resolution be forwarded to Interagency Committee on Smoking and Health.
Rep. R. BROWN explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. J. BRADLEY moved to reconsider the vote whereby the following Concurrent Resolution was adopted, which was agreed to.
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.
Reps. McELVEEN, GREGORY and J. BRADLEY proposed the following Amendment No. 1 (Doc. No. 2313J), which was adopted.
Amend the resolution, as and if amended, by inserting /in its entirety/ immediately after /Act/ on line 37, page 1.
Amend the resolution further, as and if amended, by inserting /while encouraging the Congress to investigate the effect that exemption of the insurance industry from federal antitrust and unfair competition laws and regulations has upon insurance premiums and to repeal those exemptions if appropriate/ immediately after /Act/ on line 8, page 2.
Amend the resolution further, as and if amended, by striking the title and inserting: /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 THOSE PORTIONS OF THE MCCARRAN-FERGUSON ACT WHICH LEAVE THE REGULATION OF THE INSURANCE BUSINESS TO THE STATES./
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
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.
Rep. BAXLEY explained the Concurrent Resolution.
Rep. RUDNICK moved to adjourn debate upon the Concurrent Resolution until Thursday, March 24, which was adopted.
The following Concurrent Resolution was taken up.
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.
Whereas, it behooves state and local government officials and educators to emphasize and direct the attention of our citizens to the importance of being knowledgeable about the history of our great State of South Carolina; and
Whereas, it is the responsibility of educators to expose students to the value and rewards and satisfaction in the study of history and particularly the history of South Carolina; and
Whereas, state and local leaders are requested to provide for the proper observance of this day; and
Whereas, Dr. Charlie G. Williams is requested to notify all school principals to call attention to History Day; and
Whereas, the presidents of all colleges, universities, and technical colleges are requested to emphasize South Carolina history in observance of this day; and
Whereas, it would be fitting for the Confederation of South Carolina Local Historical Societies, which represents the forty-six county historical societies and many other history-related organizations, to use the Hall of the House of Representatives and the Senate Chambers on History Day for an appropriate celebration of this important event. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, designates November 17, 1988, as History Day in South Carolina and authorizes 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.
Be it further resolved that the General Assembly extends special thanks to Dr. George L. Vogt, Director of the South Carolina Department of Archives and History, and special thanks to Ben Hornsby, Jr., Tray Stephenson, Julia E. Hill, and Norman McCorkle for their outstanding efforts in establishing and promoting History Day in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to each of the following: the Honorable Carroll A. Campbell, Jr., Governor of South Carolina; Dr. Charlie G. Williams, State Superintendent of Education; the presidents of all colleges, universities, and technical colleges in South Carolina; Frank H. Cunningham, 850 Glendalyn Avenue, Spartanburg, South Carolina 29302, President of the Confederation of South Carolina Local Historical Societies; Mrs. Sarah C. Spruill, 230 Third Street, Cheraw, South Carolina 29520, Vice-president of the Confederation; Mrs. Kevin Kennedy, 418 Cashua Street, Darlington, South Carolina 29532, Secretary of the Confederation; Horace Harmon, Post Office Box 637, Lexington, South Carolina 29072, Treasurer of the Confederation; Miss Donna Roper, Post Office Box 565, Pendleton, South Carolina 29670, District 1 representative to the executive council of the Confederation; Mrs. Charles I. Allen, 101 Arrowood Lane, Laurens, South Carolina 29360, District 2 representative; Mrs. James G. Butler, Post Office Box 135, Union, South Carolina, 29379, District 3 representative; Mrs. Blake Edmunds, Jr., 1325 Westminster Drive, Columbia, South Carolina 29205, District 4 representative; Mrs. Jane C. Davis, 432 Berrie Road, Aiken, South Carolina 29801, District 5 representative; C. Alex Harvin, III, Post Office Box 266, Summerton, South Carolina 29148, District 6 representative; Mrs. N. Bryant Cooper, 1303 South Main Street, Mullins, South Carolina 29574, District 7 representative; Mrs. Patrick J. Doyle, 728 Front Street, Georgetown, South Carolina 29442, District 8 representative; Mrs. J. Norman Walsh, Post Office Box 4753, Pinopolis, South Carolina 29469, District 9 representative; and Miss Cynthia Cole, Post Office Box 11, Beaufort, South Carolina 29901, District 10 representative; Dr. George L. Vogt; Tray Stephenson; Ben F. Hornsby, Jr.; Julia E. Hill; and Norman A. McCorkle.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3872 -- Reps. Barfield, Bennett, Elliott, Rhoad, Pearce, G. Brown, Sharpe, Thrailkill, Koon, Snow, C. 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.
Whereas, presently, diesel fuel used for off-road purposes such as farming is exempt from the diesel excise tax; and
Whereas, as of April 1, 1988, farmers will have to pay the diesel tax when the fuel is purchased and later file for a refund from the federal government; and
Whereas, although farm use of diesel fuel is still tax-exempt, farmers oppose the provision for the following reasons:
(1) Farmers may file either quarterly or annually depending on the amount of refund due, meaning the federal government has the use of this money for as long as one year and the holding of these monies by the federal government can result in a cash flow problem for farmers during these tight financial times.
(2) The Secretary of the Treasury has the authority to exempt certain substantial users of diesel fuel from the up-front collection of tax and due to the tremendous volume of this fuel used in agricultural production the General Assembly believes that a similar exemption is warranted.
(3) The provision requires a great deal of paperwork for the farmer and may result in small users of diesel fuel not filing for refund because of the work involved. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring: That the Congress of the United States is memorialized to repeal the provision of the Omnibus Budget Reconciliation Act of 1987 that changes the tax treatment on diesel fuel.
Be it further resolved that a copy of this resolution be forwarded to each member of the Congress of the United States representing South Carolina.
Rep. KIRSH explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. WHITE moved to reconsider the vote whereby the House concurred in the Senate Amendments to H. 2831 and the motion was noted.
The motion period was dispensed with on motion of Rep. KIRSH.
Rep. WILKINS moved that the House recur to the morning hour.
Rep. O. PHILLIPS moved to table the motion, which was not agreed to by a division vote of 5 to 60.
Rep. WILKINS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 732 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENDING THE TIME WITHIN WHICH CERTAIN PERSONS UNDER DISABILITY MAY BRING A CIVIL ACTION, SO AS TO PROVIDE THAT AN ACTION ACCRUING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT IS NOT SO EXTENDED; SECTION 15-78-20, AS AMENDED, RELATING TO LEGISLATIVE FINDINGS REGARDING THE TORT CLAIMS ACT, SO AS TO FURTHER DELINEATE WHEN THE DOCTRINE OF SOVEREIGN IMMUNITY IS REINSTATED FOR GOVERNMENTAL ENTITIES AND TO PROVIDE FOR ADDITIONAL LEGISLATIVE FINDINGS IN REGARD TO BRINGING GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS UNDER THE PROVISIONS OF THE ACT; SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY"; SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO RECREATIONAL AREAS, ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD, AND GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 15-78-70, RELATING TO THE LIABILITY FOR AN ACT OF A GOVERNMENT EMPLOYEE, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTIONS 15-78-100 AND 15-78-110, RELATING TO WHEN AN ACTION UNDER THE TORT CLAIMS ACT MUST BE INSTITUTED, SO AS TO FURTHER PROVIDE FOR THIS TIME; SECTION 15-78-120, RELATING TO LIMITATIONS ON THE AMOUNT OF RECOVERY, SO AS TO FURTHER PROVIDE FOR THESE LIMITATIONS AND TO INCREASE THESE LIMITATIONS IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 59-67-710, AS AMENDED, RELATING TO CONTRACTS OF INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE BENEFITS AND LIMITS OF LIABILITY THEREON, SO as TO FURTHER PROVIDE FOR THESE LIMITS AND LIABILITY; AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING OF CERTAIN CLAIMS UNDER THE TORT CLAIMS ACT MUST BE COMPUTED.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Brown, G. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cork Corning Dangerfield Davenport Day Derrick Edwards Faber Fair Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Hendricks Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McCain McEachin McElveen McGinnis McKay McLeod, E.B. McTeer Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Simpson Snow Stoddard Thrailkill Townsend Tucker Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. WILKINS, GENTRY and BAXLEY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., March 2, 1988
The COMMITTEE OF FREE CONFERENCE, to whom was referred: S. 732
TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENDING THE TIME WITHIN WHICH CERTAIN PERSONS UNDER DISABILITY MAY BRING A CIVIL ACTION, SO AS TO PROVIDE THAT AN ACTION ACCRUING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT IS NOT SO EXTENDED; SECTION 15-78-20, AS AMENDED, RELATING TO LEGISLATIVE FINDINGS REGARDING THE TORT CLAIMS ACT, SO AS TO FURTHER DELINEATE WHEN THE DOCTRINE OF SOVEREIGN IMMUNITY IS REINSTATED FOR GOVERNMENTAL ENTITIES AND TO PROVIDE FOR ADDITIONAL LEGISLATIVE FINDINGS IN REGARD TO BRINGING GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS UNDER THE PROVISIONS OF THE ACT; SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY"; SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO RECREATIONAL AREAS, ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD, AND GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 15-78-70, RELATING TO THE LIABILITY FOR AN ACT OF A GOVERNMENT EMPLOYEE, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTIONS 15-78-100 AND 15-78-110, RELATING TO WHEN AN ACTION UNDER THE TORT CLAIMS ACT MUST BE INSTITUTED, SO AS TO FURTHER PROVIDE FOR THIS TIME; SECTION 15-78-120, RELATING TO LIMITATIONS ON THE AMOUNT OF RECOVERY, SO AS TO FURTHER PROVIDE FOR THESE LIMITATIONS AND TO INCREASE THESE LIMITATIONS IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 59-67-710, AS AMENDED, RELATING TO CONTRACTS OF INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE BENEFITS AND LIMITS OF LIABILITY THEREON, SO AS TO FURTHER PROVIDE FOR THESE LIMITS AND LIABILITY; AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING OF CERTAIN CLAIMS UNDER THE TORT CLAIMS ACT MUST BE COMPUTED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:|
Amend the bill, as and if amended, by striking all after the enacting works and inserting therein:
/SECTION 1. Section 15-3-40 of the 1976 Code is amended to read:
"Section 15-3-40. If a person entitled to bring an action mentioned in Article 5 of this chapter or an action under Chapter 78 of this title except for a penalty or forfeiture or against a sheriff or other officer for an escape be at the time the cause of action accrued either:
(1) within the age of eighteen years;
(2) insane; or
(3) imprisoned on a criminal or civil charge or in execution under the sentence of a criminal court for a less term than his natural life;
The time of such disability is not a part of the time limited for the commencement of the action, except that the period within which the action must be brought cannot be extended:
(1) more than five years by any such disability, except infancy; nor
(2) in any case longer than one year after the disability ceases."
SECTION 2. Section 15-78-20 of the 1976 Code is amended by adding a new subsection (g) to read:
"(g) The General Assembly recognizes the competing interests of either providing physicians and dentists qualified immunity under the provisions of the S.C. Tort Claims Act or continuing unqualified liability for medical malpractice actions brought against governmentally employed physicians or dentists. While patients deserve accountable and competent health care, regardless of the public or private character of the provider, governmental entities, in order to attract qualified physicians and dentists, must be able to offer an affordable compensation and employment package, including liability insurance. The General Assembly, in amending this chapter, intends to provide an orderly transition from noninclusion to inclusion of physicians and dentists under the provisions of this chapter. Additionally, the liability limits, and hence mandated insurance coverage, of governmental entities for acts of physicians or dentists, acting within the scope of their profession, are set somewhat higher than those provided for other types of governmental liability. These higher limits and mandated coverages are recognition by the General Assembly of significantly higher damages in cases of medical malpractice. To this end, inclusion of physicians and dentists within this chapter has been delayed until January 1, 1989, when an affordable program of group liability insurance will be instituted."
SECTION 3. Section 15-78-30(c) of the 1976 Code, as added by Act 463 of 1986, is amended to read:
"(c) Prior to January 1, 1989, 'Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in any official capacity the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.
On or after January 1, 1989, 'Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity."
SECTION 4. Section 15-78-30(i) of the 1976 Code, as added by Act 463 of 1986, is amended to read:
"(i) 'Scope of official duty' or 'scope of state employment' means (1) acting in and about the official business of a governmental entity and (2) performing official duties."
SECTION 5. Section 15-78-60(a)(15) of the 1976 Code, as added by Act 463 of 1986, is amended to read:
"(15) absence, condition, or malfunction of any sign, signal, warning device, illumination device, guardrail, or median barrier unless the absence, condition, or malfunction is not corrected by the governmental entity responsible for its maintenance within a reasonable time after actual or constructive notice. Governmental entities are not liable for the removal or destruction of signs, signals, warning devices, guardrails, or median barriers by third parties except on failure of the political subdivision to correct them within a reasonable time after actual or constructive notice. Nothing herein in this item gives rise to liability arising from a failure of any governmental entity to initially place any of the above signs, signals, warning devices, guardrails, or median barriers when the failure is the result of a discretionary act of the governmental entity. The signs, signals, warning devices, guardrails, or median barriers referred to herein in this item are those used in connection with hazards normally connected with the use of public ways and do not apply to the duty to warn of special conditions such as excavations, dredging, or public way construction. Governmental entities are not liable for the design of highways and other public ways. Governmental entities are not liable for loss on public ways under construction when the entity is protected by an indemnity bond. Governmental entities responsible for maintaining highways, roads, streets, causeways, bridges, or other public ways are not liable for loss arising out of a defect or a condition in, on, under, or overhanging a highway, road, street, causeway, bridge, or other public way caused by a third party unless the defect or condition is not corrected by the particular governmental entity responsible for the maintenance within a reasonable time after actual or constructive notice. Governmental entities are not liable for the design of highways and other public ways;"
SECTION 6. Section 15-78-60(a)(19) of the 1976 Code, as added by Act 463 of 1986, is further amended to read:
"(19) emergency preparedness activities and activities of the South Carolina National Guard and South Carolina State Guard while engaged in state or federal training or duty. This exemption does not apply to vehicular accidents;"
SECTION 7. Section 15-78-70(c) of the 1976 Code, as added by Act 463 of 1986, is amended to read:
"(c) Prior to January 1. 1989, A a person, when bringing an action against a governmental entity under the provisions of this chapter, must shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant;. provided, however, that the The provisions of this section shall may in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.
On or after January 1, 1989, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. The provisions of this section in no way shall limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity."
SECTION 8. Section 15-78-100(a) of the 1976 Code, as added by Act 463 of 1986, is amended to read:
"(a) Except as provided for in Section 15-3-40, An an action for damages under this chapter may be instituted at any time within two years after the loss was or should have been discovered. Provided, that if a claim for damages was filed and disallowed or rejected an action for damages filed under this chapter, based upon the same occurrence as the claim, may be instituted within three years after the loss was or should have been discovered."
SECTION 9. Section 15-78-110 of the 1976 Code, as added by Act 463 of 1986, is amended to read:
"Section 15-78-110. Except as provided for in Section 15-3-40, Any any action brought pursuant to this chapter is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered; provided, that if the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered."
SECTION 10. Section 15-78-120(a) of the 1976 Code, as added by Act 463 of 1986, is amended to read:
"(a) For any action or claim for damages brought under the provisions of this chapter, the liability shall not exceed the following limits:
(1) Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought hereunder a sum exceeding two hundred fifty thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved; provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist.
(2) Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single occurrence shall not exceed five hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved; provided, the provisions of this shall in no way limit or modify the liability of a licensed physician or dentist.
(3) No person may recover in any action or claim brought hereunder against any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, a sum exceeding one million dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(4) The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity for any tort caused by any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, may not exceed one million dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
(5) The provisions of Section 15-78-120(a)(3) and (a)(4) shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity."
SECTION 11. Section 59-67-710(3)(a) of the 1976 Code, as last amended by Act 463 of 1986, is further amended to read:
"(a) For any action or claim for damages brought under the provisions of Chapter 78 of Title 15 of the 1976 Code, the liability shall may not exceed the following limits:
(i) No person shall recover in any action or claim brought hereunder for bodily injury or death a sum exceeding two hundred fifty thousand dollars because of less arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(ii) The total sum recovered hereunder arising out of a single occurrence shall not exceed five hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved; provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist.
(i) Except as provided in Section 59-67-710(3)(a)(iii), no person may recover in any action or claim brought hereunder a sum exceeding two hundred fifty thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(ii) Except as provided in Section 59-67-710(3)(a)(iv), the total sum recovered hereunder arising out of a single occurrence may not exceed five hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
(iii) No person may recover in any action or claim brought hereunder against any governmental entity and caused by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, a sum exceeding one million dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(iv) The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity for any tort caused by any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, may not exceed one million dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
(v) The provisions of Section 59-67-710(3)(a)(iii) and (3)(a)(iv) shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity."
SECTION 12. This act takes effect upon approval by the Governor except that the provisions of Section 15-78-120(a)(3), (4) and (5) as contained in Section 10, and provisions of Section 59-67-710(3)(a)(iii), (iv) and (v) as contained in Section 11, take effect on January 1, 1989. The provisions of this act apply only to those causes of action arising or accruing on or after the applicable effective date of this act./
Amend title to conform.
/s/Thomas E. Smith, Jr. /s/David H. Wilkins Glenn F. McConnell /s/Larry E. Gentry /s/James E. Bryan, Jr. /s/J. Michael Baxley On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The question then recurred to the motion to recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3898 -- Reps. Kirsh, Foster, Nesbitt and Hayes: A CONCURRENT RESOLUTION TO CONGRATULATE C. CURTIS SIGMON, OF YORK COUNTY, FOR HIS IMMEASURABLE CONTRIBUTION TO THE YORK TECHNICAL COLLEGE COMMISSION UPON THE OCCASION OF HIS LEAVING AFTER TWENTY-SEVEN YEARS OF SERVICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3899 -- Sumter Delegation: A CONCURRENT RESOLUTION COMMENDING MRS. BARBARA JANICE SIMMONS OF SUMTER COUNTY FOR HER GENEROUS EFFORTS IN ASSISTING ELDERLY AND AFFLICTED PERSONS IN HER COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3900 -- Reps. Limehouse, Davenport, McCain, M.O. Alexander, G. Bailey, Aydlette, Baker, Foxworth, Haskins, Sharpe, Blackwell, McLellan, H. Brown, Day, Cole, Wells, Jones, Petty, Huff, Helmly, Rudnick and Hearn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE BY ADDING SECTION 4, SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENTS.
Referred to Committee on Judiciary.
H. 3901 -- Rep. Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-615 SO AS TO DESIGNATE FEBRUARY OF EACH YEAR AS AMERICAN HISTORY MONTH AND TO AMEND THE TITLE OF ARTICLE 9, CHAPTER 1, TITLE 1 TO REFLECT THE ADDED SECTION.
Rep. BAKER asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. WHIPPER objected.
Referred to Committee on Education and Public Works.
H. 3902 -- Reps. McLellan and T.C. Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS NOVEMBER 12 AND 13, 1987, MISSED BY SENECA JUNIOR HIGH SCHOOL STUDENTS IN OCONEE COUNTY WHEN THE SCHOOL WAS CLOSED BECAUSE OF A MALFUNCTION OF THE HEATING SYSTEM ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
Rep. T.C. ALEXANDER asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. DAVENPORT objected.
Referred to Oconee Delegation.
H. 3903 -- Reps. J. Bradley, Holt and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-605 SO AS TO PROVIDE THAT EVERY PREMIUM NOTICE OR BILL FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MUST DISPLAY PROMINENTLY IN BOLD TYPE THE FACILITY RECOUPMENT CHARGE, BY COVERAGE, AND THE TOTAL FACILITY RECOUPMENT CHARGE FOR THAT POLICY OR BINDER.
Referred to Committee on Labor, Commerce and Industry.
H. 3904 -- Reps. Corning, Hearn and T.M. Burriss: A BILL TO AMEND SECTION 43-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONER OF SOCIAL SERVICES, SO AS TO PROVIDE FOR HIS DISCIPLINARY AUTHORITY OVER THE DIRECTORS OF THE LOCAL BOARDS OF SOCIAL SERVICES; AND TO AMEND CHAPTER 3, TITLE 43, RELATING TO COUNTY DEPARTMENTS AND BOARDS OF SOCIAL SERVICES, SO AS TO PROVIDE FOR A REDUCTION IN THE NUMBER OF THE DEPARTMENTS AND BOARDS FROM ONE REPRESENTING EACH COUNTY TO ONE REPRESENTING EACH JUDICIAL CIRCUIT AND TO CHANGE THE REFERENCES TO COUNTY DEPARTMENTS, BOARDS, AND ADVISORY COUNCILS TO LOCAL DEPARTMENTS, BOARDS, AND ADVISORY COUNCILS; TO DELETE THE REQUIREMENT THAT THE LOCAL BOARDS FURNISH REPORTS TO THE COUNTY GRAND JURY AND CLERK OF COURT; TO ABOLISH COUNTY DEPARTMENTS AND BOARDS OF SOCIAL SERVICES; AND TO DIRECT THE CODE COMMISSIONER TO APPROPRIATELY CHANGE THE REFERENCES IN THE CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3905 -- Reps. Lockemy, Rice and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-645 SO AS TO PROVIDE THAT A DECISION OR DETERMINATION BY ANY HOSPITAL OR MEDICAL PERSONNEL, WHICH COULD RESULT IN THE DENIAL OF PAYMENTS OR BENEFITS TO A BENEFICIARY OF A HEALTH INSURANCE POLICY, MUST BE MADE OR PERFORMED BY A PRACTICING LICENSED PHYSICIAN.
Referred to Committee on Labor, Commerce and Industry.
The motion of Rep. WHITE to reconsider the vote whereby the House concurred in the Senate Amendments to the following Bill was taken up and agreed to.
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 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.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 2, by the Committee on Judiciary.
Rep. HAYES explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 2 (Doc. No. 2089J), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, by striking subsection (H) which begins on line 27 of page 3 and inserting:
/(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 hundred dollars for a first violation, two hundred dollars for a second violation, and one thousand dollars for a third or subsequent 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 for a first or second offense must be fined not more than two hundred dollars or imprisoned for not more than thirty days, and for a third or subsequent offense must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each violation constitutes a separate offense for purposes of the civil and criminal penalties of this section./
Amend title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. O. PHILLIPS moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bennett Davenport Moss Nettles Phillips, O.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Baker Barfield Baxley Beasley Blackwell Blanding Brown, G. Brown, J. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cork Corning Dangerfield Day Faber Ferguson Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Huff Humphries Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Kohn Koon Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McCain McEachin McElveen McGinnis McLeod, E.B. McTeer Nesbitt Pettigrew Petty Phillips, L. Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Sturkie Townsend Tucker Wells Whipper White
So, the House refused to adjourn.
The motion period was dispensed with on motion of Rep. J. ROGERS.
The following Bill was taken up.
H. 2187 -- Reps. Keyserling, Evatt, T. Rogers, White, Toal, Rudnick, Foxworth, J. Harris, Lewis, Shelton, Neilson, J. Rogers, Moss, Whipper, Hearn and McTeer: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE LICENSES, SO AS TO INCREASE THE MARRIAGE LICENSE FEE FROM ONE DOLLAR TO SIX DOLLARS, AND TO AMEND SECTION 20-1-370, RELATING TO THE DISPOSITION OF MARRIAGE LICENSE FEES, SO AS TO PROVIDE THAT THE INCREASE IN THESE FEES MUST BE USED FOR BATTERED SPOUSE AND FAMILY VIOLENCE PROGRAMS OF THE DEPARTMENT OF SOCIAL SERVICES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2044Y).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-1-230 of the 1976 Code is amended to read:
"Section 20-1-230. Upon (a) the filing of the application required under the provisions of Section 20-1-220, (b) the lapse of at least twenty-four hours thereafter, (c) the payment of a fee of one dollar fifteen dollars and (d) the filing of a statement, under oath or affirmation, to the effect that the persons seeking the contract of matrimony are legally entitled to marry, together with the full names of the persons, their ages, and places of residence, the judge of probate or clerk of court with whom the application was filed shall issue a license for the marriage of such these persons."
SECTION 2. Section 20-1-370 of the 1976 Code is amended to read:
"Section 20-1-370. (A) Of the fee of one dollar fifteen dollars required under the provisions of Section 20-1-230 one dollar of the fee must be distributed in the manner provided by subsection (B) and fourteen dollars of the fee must be distributed in the manner provided by subsection (C).
(B) the The probate judge shall retain twenty-five cents as his compensation and the remaining seventy-five cents shall must be paid into the county treasury and go to the school fund of the county, except that:
(1) In in Clarendon County the entire fee of one dollar shall must be collected in advance and paid monthly by the officer collecting it to the county treasurer for credit to the ordinary funds of said the county in such that manner as may be required by law;
(2) In in Richland and Sumter Counties the entire fee of one dollar shall must be paid to the county treasury;
(3) In in Oconee County the probate judge shall retain the sum of fifty cents as his compensation and the remaining fifty cents shall must be paid into the county treasury and credited to the general fund of the county;
(4) In in the counties of Bamberg, Greenville, Lancaster, and Lee the probate judge shall retain the sum of fifty cents as his compensation;
(5) In in the counties of Allendale, Barnwell, Calhoun, Chester, Chesterfield, Dorchester, Fairfield, Florence, Greenwood, Hampton, McCormick, and Marion the probate judge and in Darlington County the clerk of court shall retain the entire fee as his compensation; and
(6) In in Marlboro County the license fee of one dollar shall must be turned over monthly by the judge of probate to the county treasurer and go to the general fund of the county.
(C) Fourteen dollars of the license fee must be forwarded to the State Treasurer who under those regulations and procedures as the State Budget and Control Board prescribes shall then remit one-half of these sums to the Department of Social Services for use in Battered Spouse and Family Violence Programs, and one-half of these sums to the South Carolina Commission on Aging for use in alternative care for the elderly."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. T. ROGERS explained the amendment.
Rep. BLACKWELL spoke against the amendment.
Rep. J. ROGERS moved to adjourn debate upon the Bill until Wednesday, March 9, which was adopted.
Rep. McABEE moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3898 -- Reps. Kirsh, Foster, Nesbitt and Hayes: A CONCURRENT RESOLUTION TO CONGRATULATE C. CURTIS SIGMON, OF YORK COUNTY, FOR HIS IMMEASURABLE CONTRIBUTION TO THE YORK TECHNICAL COLLEGE COMMISSION UPON THE OCCASION OF HIS LEAVING AFTER TWENTY-SEVEN YEARS OF SERVICE.
H. 3899 -- Sumter Delegation: A CONCURRENT RESOLUTION COMMENDING MRS. BARBARA JANICE SIMMONS OF SUMTER COUNTY FOR HER GENEROUS EFFORTS IN ASSISTING ELDERLY AND AFFLICTED PERSONS IN HER COMMUNITY.
At 11:40 A.M. the House in accordance with the motion of Rep. KIRSH adjourned out of memory an respect for the late William Scott Foster, father of colleague Sam Foster to meet at 10:00 A.M. tomorrow.
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