Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O living and loving God, come near during these hallowed moments of prayer and remain with us throughout all our activities. Come to us as the God of history, awesome and transcendent, moving out of the past through the present into the future to guide us each step of our way. Give us Your light to dispel all doubt and fear and to illumine our pathway through the perplexing problems of our times. Make us to so conduct ourselves that all our yesterdays be cheerful, all our todays be glorious, and all our tomorrows be confident. We thank You for insights into reality, for visions which lift and ennoble life, and for challenges that call for faithfulness and diligence.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The Senate returned to the House with amendments the following:
H. 3822 -- Ways and Means Committee: A BILL TO AMEND SECTION 11-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL FUND RESERVE, CAPITAL EXPENDITURE FUND, AND OTHER FISCAL MATTERS, SO AS TO REDUCE PROM FOUR TO THREE PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR THE AMOUNT WHICH MUST BE MAINTAINED IN THE GENERAL FUND RESERVE, AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE NOT EFFECTIVE UNTIL THE GENERAL ASSEMBLY APPROVES BY A JOINT RESOLUTION THE AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF THIS STATE WHICH ADDS SECTION 38 REQUIRING A CAPITAL EXPENDITURE FUND EQUAL TO TWO PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR AND PROVIDING WHEN AND THE PURPOSES FOR WHICH THE MONIES FROM THE FUND MAY BE EXPENDED.
Reps. SHEHEEN and McLELLAN proposed the following Amendment No. 2 (Doc. No. 2458J), which was adopted.
Amend the bill, as and if amended, in SECTION 1, by inserting immediately after /improvements/ on line 10 of page 5 /or other nonrecurring purposes/.
Amend title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate returned to the House with amendment the following:
H. 3823 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 38, SO AS TO REQUIRE A CAPITAL EXPENDITURE FUND EQUAL TO TWO PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR, AND PROVIDE WHEN AND THE PURPOSES FOR WHICH THE MONIES FROM THE FUND MAY BE EXPENDED.
Reps. SHEHEEN and McLELLAN proposed the following Amendment No. 2 (Doc. No. 2457J), which was adopted.
Amend the Joint Resolution, as and if amended, in SECTION 1 by inserting immediately after /improvements/ on line 25 of page 3 /or other nonrecurring purposes/.
Amend further in SECTION 2, page 4, line 32, by inserting immediately after /improvements/ /or other nonrecurring purposes/.
Amend title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 3513 -- Rep. Pearce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-21-127 SO AS TO PROVIDE A PROCEDURE FOR THE RELEASE OF COMMODITIES FROM WAREHOUSES REGULATED BY THE STATE DEPARTMENT OF AGRICULTURE; AND TO AMEND SECTIONS 39-21-130 AND 39-21-135, RELATING TO PENALTIES FOR VIOLATING WAREHOUSE RECEIPT REQUIREMENTS, SO AS TO EXEMPT THE PROVISIONS OF SECTION 39-21-127.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3713 -- Reps. Pearce, Sheheen, J. Rogers, White, McLellan, L. Phillips, Foxworth, Wells, Sharpe, Bennett, Sturkie, K. Bailey, Mappus and Gilbert: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A PERMIT.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 3752 -- Reps. M.D. Burriss, J. Bradley, Humphries, Kirsh, Felder, T. Rogers, Davenport, Harvin, Rhoad, Petty, McGinnis and Day: A BILL TO AMEND CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF DOGS AND OTHER DOMESTIC PETS, BY ADDING ARTICLE 11 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY AND MALICIOUSLY TAUNT, TEASE, PHYSICALLY ABUSE, INTERFERE OR MEDDLE WITH, OR TO INJURE OR KILL A DOG USED BY A LAW ENFORCEMENT DEPARTMENT OR AGENCY IN THE PERFORMANCE OF THE FUNCTIONS OR DUTIES OF THE DEPARTMENT OR AGENCY OR WHEN PLACED IN A KENNEL OFF DUTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 3838 -- Rep. Rhoad: A BILL TO AMEND SECTION 46-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE FAMILY FARM DEVELOPMENT AUTHORITY, SO AS TO DELETE THE POWER TO PARTICIPATE IN PROGRAMS WITH FEDERAL, STATE, AND NONPROFIT ENTITIES WHICH MAY MAKE LOANS TO FARMERS OF THE BENEFICIARY CLASS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 46-3-145 SO AS TO EMPOWER THE DEPARTMENT OF AGRICULTURE TO PARTICIPATE IN PROGRAMS WITH FEDERAL, STATE, AND NONPROFIT ENTITIES WHICH MAY MAKE LOANS TO FARMERS OF THE BENEFICIARY CLASS.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 71 -- Senators Peeler and Hinson: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF STATE PARK FACILITIES WITHOUT CHARGE BY DISABLED PERSONS, SO AS TO PROVIDE THAT AN IDENTIFICATION CARD ISSUED BY THE COUNTY VETERANS AFFAIRS OFFICER STATING THE VETERAN TO WHOM IT IS ISSUED IS PERMANENTLY AND TOTALLY DISABLED MAY BE USED TO TAKE ADVANTAGE OF THE BENEFITS AT THE PARK FACILITIES INSTEAD OF A CERTIFICATE FROM THE VETERANS ADMINISTRATION.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1215 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, RELATING TO PARKS AND RECREATION DEVELOPMENT FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 949, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3411 -- Reps. J. Bradley, M.O. Alexander, J.W. McLeod, Neilson, G. Bailey and Kohn: A BILL TO REPEAL ITEM (14) OF SECTION 38-77-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "UNDERINSURED MOTOR VEHICLE" FOR PURPOSES OF THE AUTOMOBILE INSURANCE LAWS OF THIS STATE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, and Rep. R. BROWN, for the minority, submitted an unfavorable report on:
H. 3476 -- Reps. J. Bradley, C. Bailey, J.W. McLeod, Kohn, M.O. Alexander and Neilson: A BILL TO AMEND CHAPTER 3, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF INSURANCE, BY ADDING SECTION 38-3-66 SO AS TO PROVIDE THAT THE DEPARTMENT OF INSURANCE SHALL DESIGN A FORM WHICH EVERY INSURANCE COMPANY DOING BUSINESS IN THIS STATE SHALL USE WHEN OFFERING OPTIONAL COVERAGES IN AUTOMOBILE INSURANCE POLICIES.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3592 -- Rep. Stoddard: A BILL TO REPEAL SECTION 23-31-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PISTOL COLLECTOR'S LICENSE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3751 -- Reps. T.M. Burriss and Dangerfield: A BILL TO AMEND SECTION 34-27-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL AND SPECIAL MEETINGS OF CREDIT UNIONS, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR SPECIAL MEETINGS OF CREDIT UNIONS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments and Rep. HEARN, for the minority, submitted an unfavorable report on:
H. 3795 -- Rep. J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-55-175 SO AS TO PROVIDE THAT ANY MONETARY CONSIDERATION TENDERED BY AN INSURANCE COMPANY IN SETTLEMENT OF A CLAIM OR JUDGMENT AGAINST IT OR ONE OF ITS INSUREDS MUST BE IN THE FORM OF A CERTIFIED CHECK OR CASHIER'S CHECK.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 421 -- Senator Pope: A BILL TO AMEND SECTION 42-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHDRAWAL BY AN EMPLOYER OF A WAIVER OF EXEMPTION FROM THE WORKERS' COMPENSATION PROVISIONS, SO AS TO AUTHORIZE AN EMPLOYER TO WITHDRAW A WAIVER BY WRITTEN NOTICE TO HIS INSURER AND TO PROVIDE FOR THE INSURER TO NOTIFY THE WORKERS' COMPENSATION COMMISSION.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 607 -- General Committee: A BILL TO AMEND SECTION 40-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR REGISTRATION OF ARCHITECTS, SO AS TO DEFINE "PROFESSIONAL DEGREE"; TO AMEND SECTION 40-3-60, RELATING TO QUALIFICATIONS FOR SITTING THE LICENSURE EXAMINATION, SO AS TO PROVIDE THAT A PROFESSIONAL DEGREE IS EQUIVALENT TO FIVE YEARS' WORK EXPERIENCE AND TO REQUIRE EXAMINATION APPLICANTS AFTER JUNE 30, 1990, TO MEET THE EXPERIENCE REQUIREMENTS OF THE NATIONAL COUNCIL OF ARCHITECTURAL REGISTRATION BOARDS; TO AMEND SECTION 40-3-80, RELATING TO THE EXAMINATION APPLICATION FEE, SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO SET A FEE OF NOT MORE THAN ONE HUNDRED DOLLARS; TO AMEND SECTION 40-3-90, RELATING TO THE ANNUAL RENEWAL FEE, SO AS TO INCREASE THE PENALTY FOR LATE PAYMENT; TO AMEND SECTION 40-3-110, RELATING TO THE REQUIRED USE OF THE ARCHITECT'S SEAL, SO AS TO CLARIFY THE DEFINITION OF ARCHITECT; TO AMEND SECTION 40-3-120, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES, SO AS TO INCREASE THE PERIOD OF NOTICE OF CHARGES AND TO AUTHORIZE THE COUNCIL TO IMPOSE CIVIL PENALTIES NOT TO EXCEED TWO THOUSAND DOLLARS AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUE AND PROCEDURES FOR PAYMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 40-3-180 SO AS TO REQUIRE AUTHORITIES ISSUING BUILDING PERMITS TO VERIFY THAT THE ARCHITECT IS REGISTERED IN THE STATE AND TO PROVIDE EXCEPTIONS; AND TO AUTHORIZE PERSONS TO QUALIFY FOR THE EXAMINATION UNDER THE EXPERIENCE PROVISIONS OF PRIOR LAW IF THE APPLICANT FILES A WRITTEN NOTICE OF INTENT WITH THE BOARD ON OR BEFORE JANUARY 1, 1990, AND QUALIFIES UNDER PRIOR LAW ON OR BEFORE JANUARY 2, 1996.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 679 -- Senator Pope: A BILL TO AMEND SECTION 1-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE INSURANCE, SO AS TO AUTHORIZE THE BOARD TO PROVIDE CERTAIN ADDITIONAL INSURANCE AND TO PROVIDE THAT DOCUMENTARY OR OTHER MATERIAL PREPARED BY OR FOR THE DIVISION OF GENERAL SERVICES IN PROVIDING ANY INSURANCE COVERAGE WHICH IS CONTAINED IN ANY CLAIM FILE IS SUBJECT TO DISCLOSURE TO THE EXTENT REQUIRED BY THE FREEDOM OF INFORMATION ACT ONLY AFTER THE CLAIM IS SETTLED OR FINALLY CONCLUDED BY A COURT OF COMPETENT JURISDICTION.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 747 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE THAT THE AMOUNT OF THE PENALTY IMPOSED UPON THE CARRIER OR EMPLOYER IN THE EVENT OF IMPROPER TERMINATION OR SUSPENSION OF BENEFITS MUST BE PAID TO THE EMPLOYEE, IN ADDITION TO THE AMOUNT OF BENEFITS WITHHELD.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 922 -- Senator Saleeby: A BILL TO AMEND SECTION 42-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF COMPENSATION AND THE PERIOD OF DISABILITY UNDER THE WORKERS' COMPENSATION LAW FOR CERTAIN INJURIES, SO AS TO INCREASE THE DISABILITY PERIOD FOR THE LOSS OF AN EYE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry,submitted a favorable report, on:
S. 964 -- Senator Lee: A BILL TO AMEND SECTION 40-54-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS FOR THE CHAPTER ON DEALERS IN PRECIOUS METALS, SO AS TO ADD A DEFINITION FOR "PRECIOUS OR SEMIPRECIOUS STONE OR GEM" AND TO CHANGE ACCORDINGLY THE DEFINITIONS OF VARIOUS OTHER TERMS USED IN THE CHAPTER; AND TO AMEND SECTION 40-54-40, RELATING TO THE REQUIREMENT THAT DEALERS IN PRECIOUS METALS KEEP RECORDS OF CERTAIN PURCHASES AND TO CERTAIN PROVISIONS REGARDING THE SELLER'S IDENTITY, SO AS TO REQUIRE DEALERS TO KEEP A BOOK IN WHICH MUST BE WRITTEN CERTAIN INFORMATION AT THE TIME OF ANY PURCHASE OF PRECIOUS METAL OR PRECIOUS OR SEMIPRECIOUS STONES OR GEMS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 972 -- Senators Land, Lourie and J. Verne Smith: A BILL TO AMEND SECTION 42-9-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE FOR BURIAL EXPENSES UP TO BUT NOT EXCEEDING FOUR THOUSAND DOLLARS INSTEAD OF SUCH EXPENSES "NOT EXCEEDING FOUR HUNDRED DOLLARS".
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1234 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX 12:00 NOON, WEDNESDAY, MARCH 30, 1988, AS THE TIME FOR A JOINT ASSEMBLY TO ELECT MEMBERS TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION IN THE SECOND, FOURTH, AND SIXTH CONGRESSIONAL DISTRICTS TO SUCCEED THE PRESENT MEMBERS WHOSE TERMS EXPIRE IN 1988.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Oconee Delegation, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1279 -- Senators Lee, Russell and Horace C. Smith: A CONCURRENT RESOLUTION CONGRATULATING SERGEANT DOUG HORTON OF SPARTANBURG UPON WINNING THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS ASSOCIATION'S AWARD FOR "LAW ENFORCEMENT OFFICER OF THE YEAR", AND COMMENDING HIM FOR HIS OUTSTANDING PUBLIC SAFETY WORK AND HIS SUPERB DEVOTION TO DUTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1280 -- Senator Courson: A CONCURRENT RESOLUTION TO CONGRATULATE KENNETH R. WHEAT OF COLUMBIA UPON BEING NAMED PRESIDENT OF BOYD MANAGEMENT COMPANY, INC., A BROAD-BASED SOUTH CAROLINA REAL ESTATE AND DEVELOPMENT COMPANY THAT HAS CONTRIBUTED SIGNIFICANTLY TO SOUTH CAROLINA'S ECONOMIC GROWTH AND DEVELOPMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was received from the Senate.
Columbia, S.C., March 3, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 725:
S. 725 -- Senator Mitchell: A BILL TO AMEND SECTION 58-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REGIONAL TRANSPORTATION AUTHORITY LAW, SO AS TO DEFINE FINANCIAL CONTRIBUTION; AND TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD MEMBERS AND EMPLOYEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE THREE ADDITIONAL MEMBERS OF THE BOARD BY THE LEGISLATIVE DELEGATIONS OF THE MEMBER COUNTIES AND METHODS OF APPORTIONMENT OF THE BOARD MEMBERS.
Very respectfully,
President
On motion of Rep. BEASLEY, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. THRAILKILL, WILLIAMS and ALTMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3920 -- Reps. Winstead, Holt, Aydlette, D. Martin, Washington, J. Bradley and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-170 SO AS TO PROVIDE FOR THE AMOUNT OF UNUSED SICK LEAVE THAT MUST BE TREATED AS UNUSED ANNUAL LEAVE UPON A STATE EMPLOYEE'S TERMINATION, DEATH, OR RETIREMENT; AND TO AMEND SECTION 8-11-610, RELATING TO THE COMPUTATION OF ANNUAL LEAVE FOR STATE EMPLOYEES; SECTION 8-11-620, RELATING TO THE AMOUNT OF ANNUAL LEAVE AND THE PAYMENT FOR UNUSED LEAVE UPON TERMINATION OF EMPLOYMENT, DEATH, OR RETIREMENT; AND SECTION 9-1-10, RELATING TO DEFINITIONS PERTAINING TO THE RETIREMENT SYSTEM, SO AS TO INCREASE FROM FORTY-FIVE TO NINETY DAYS THE AMOUNT OF UNUSED ANNUAL LEAVE THAT MAY BE ACCUMULATED AND USED IN DETERMINING THE AMOUNT OF TERMINATION PAY.
Referred to Committee on Ways and Means.
H. 3921 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE RANDOLPH-SHEPPHARD VENDING FACILITY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 862, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3922 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-13-1130, 50-13-1135, 50-13-1150, 50-13-1155, 50-13-1165, AS AMENDED, 50-13-1170, 50-13-1175, 50-13-1180, AND 50-13-1185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL FISHING LICENSES AND PERMITS AND TAGS FOR NONGAME FISHING DEVICES, SO AS TO INCREASE RESIDENT FRESHWATER COMMERCIAL FISHING LICENSES FROM FIFTY DOLLARS TO TWO HUNDRED FIFTY DOLLARS, NONRESIDENT FRESHWATER COMMERCIAL FISHING LICENSES FROM FIVE HUNDRED DOLLARS TO SEVEN HUNDRED FIFTY DOLLARS, AND NONRESIDENT PERMIT AND TAG FEES TO FIFTY DOLLARS A TAG OR PERMIT, TO REQUIRE PERSONS SELLING CATFISH TO BE LICENSED AS A FRESHWATER COMMERCIAL FISHERMAN, TO REQUIRE SUCH A LICENSE FOR A PERSON TAKING NONGAME FISH BY MORE THAN ONE TROTLINE OR TRAP, TO PROVIDE THAT TRAPS, EEL POTS, HOOP NETS, GILL NETS, AND TROTLINES MUST BE MARKED WITH FLOATING MARKERS WHICH CONTAIN THE NAME AND ADDRESS OF THE LICENSEE, AND TO REQUIRE EACH SET HOOK TO HAVE AN IDENTIFICATION TAG ATTACHED TO IT.
Without reference.
H. 3923 -- Rep. Gentry: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROADS S-41-306 AND S-41-327 IN SALUDA COUNTY.
Without reference.
H. 3924 -- Rep. McLellan: A BILL TO TRANSFER AUTHORITY FROM THE STATE BUDGET AND CONTROL BOARD FOR THE BOARD'S PERMITTING PROGRAM FOR ACTIVITIES IN NAVIGABLE WATERS TO THE WATER RESOURCES COMMISSION; TO AUTHORIZE THE WATER RESOURCES COMMISSION TO ADMINISTER A NAVIGABLE WATERS PERMIT PROGRAM; TO ESTABLISH A NAVIGABLE WATERS PERMIT PROGRAM; AND TO PROVIDE FOR ENFORCEMENT AND PENALTIES.
Referred to Committee on Agriculture and Natural Resources.
H. 3925 -- Rep. McLellan: A BILL TO AMEND SECTION 10-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE STATE HOUSE STEPS, GROUNDS, AND THE CAPITOL MALL, SO AS TO DELETE THE REFERENCE TO THE CAPITOL MALL, INCLUDE THE STATE HOUSE LOBBIES AND OTHER PUBLIC BUILDINGS AND GROUNDS, AND REVISE THE REQUIREMENTS AUTHORIZING THE USE OF THE AREAS.
On motion of Rep. McLELLAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3926 -- Rep. Short: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE PALMETTO COUNCIL, INC.
On motion of Rep. SHORT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3927 -- Rep. Baxley: A BILL TO AMEND SECTIONS 56-5-910, 56-5-930, and 56-5-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOP SIGNS AND TRAFFIC CONTROL DEVICES, SO AS TO AUTHORIZE A LOCAL AUTHORITY TO ERECT THE SIGNS AND DEVICES WITHOUT PRIOR APPROVAL FROM THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, EXCEPT THEY MUST CONFORM TO THE STATE MANUAL AND SPECIFICATIONS AND MUST BE MAINTAINED BY THE DEPARTMENT; AND TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO DELETE THE PROVISION REQUIRING THE APPROVAL OF ANY ALTERATION BY THE DEPARTMENT.
Referred to Committee on Education and Public Works.
H. 3928 -- Rep. T. Rogers: A BILL TO AMEND SECTION 9-8-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL OF THIS STATE IS CONSIDERED A SOLICITOR FOR THE PURPOSES OF THIS RETIREMENT SYSTEM.
Referred to Committee on Ways and Means.
H. 3929 -- Rep. Kay: A BILL TO AMEND SECTION 16-13-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF MONEY DESIGNATED FOR CEMETERY MAINTENANCE BY CHURCHES, SO AS TO MAKE THE PROVISIONS APPLICABLE TO ALL ENTITIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3930 -- Reps. Limehouse and Foxworth: A BILL TO REPEAL SECTIONS 59-101-200 THROUGH 59-101-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ITEM (3), SECTION 24, PART II OF ACT 349 OF 1969, RELATING TO THE CHARLESTON HIGHER EDUCATION CONSORTIUM.
Referred to Committee on Education and Public Works.
H. 3931 -- Rep. Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-65 SO AS TO PROVIDE FOR THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO ESTABLISH ADVISORY COMMITTEES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 683 -- Senators Lourie, Courson, Giese and Patterson: A BILL TO PROVIDE THAT THE GOVERNING BODY OF ANY RECREATION DISTRICT THAT HAS AUTHORITY TO ISSUE REVENUE BONDS IS AUTHORIZED TO ISSUE ADDITIONAL REVENUE BONDS UNDER CERTAIN CONDITIONS.
Referred to Committee on Ways and Means.
S. 1114 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH CAUGHT IN NONGAME FISHING DEVICES, SO AS TO PROVIDE SPECIFIC PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
S. 1115 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF CHILDREN UNDER SIXTEEN YEARS OF AGE FROM HUNTING AND FISHING LICENSE REQUIREMENTS, SO AS TO REQUIRE LICENSES IF A CHILD TAKES GAME OR FISH FOR COMMERCIAL PURPOSES.
Referred to Committee on Agriculture and Natural Resources.
S. 1140 -- Senators Holland, Matthews, Wilson and Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO DELETE THE REQUIREMENT THAT JURORS MUST BE QUALIFIED ELECTORS OF THIS STATE AND BE OF GOOD MORAL CHARACTER, AND PROVIDE THAT JURORS MUST BE RESIDENTS OF THIS STATE AND HAVE SUCH OTHER QUALIFICATIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE.
Referred to Committee on Judiciary.
S. 1172 -- Senator Waddell: A BILL TO AMEND SECTION 38-53-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION REQUIREMENT FOR PROFESSIONAL BONDSMEN AND RUNNERS, SO AS TO INCREASE THE OPPORTUNITIES OF AN APPLICANT TO STAND THE EXAMINATION FROM NOT MORE THAN ONE TIME EVERY SIX MONTHS TO NOT MORE THAN SIX TIMES IN ONE YEAR.
Referred to Committee on Judiciary.
S. 1175 -- Senators Garrison, Horace C. Smith and Waddell: A BILL TO AMEND SECTION 59-20-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO REVISE THE DEFINITION OF "INDEX OF TAXPAYING ABILITY", TO ESTABLISH A SCHEDULE OF REPORTING INFORMATION NECESSARY TO CALCULATE THE INDEX, TO REQUIRE A TWENTY PERCENT REDUCTION IN FUNDS APPROPRIATED FOR AID TO SUBDIVISIONS FOR A COUNTY IF ITS OFFICIALS FAIL TO REPORT NECESSARY DATA TO THE TAX COMMISSION IN A TIMELY FASHION, TO PROVIDE THAT THE TAX COMMISSION SHALL PROVIDE PRELIMINARY DATA IN THE INDEX TO APPROPRIATE OFFICIALS NOT LATER THAN MARCH FIRST AND A FINAL INDEX NOT LATER THAN MAY FIRST WHICH MAY NOT BE CHANGED DURING THE APPLICABLE SCHOOL YEAR, AND TO AMEND SECTION 12-43-305, RELATING TO PAYMENT OF PROPERTY TAXES WHEN VALUATION IS ON APPEAL, SO AS TO PROVIDE THAT IN THE CASE OF OVERPAYMENTS, THE ASSESSED VALUE FOR THE CURRENT YEAR MUST BE REDUCED BY THE CUMULATIVE AMOUNT OF THE EXCESS ASSESSMENT.
Referred to Committee on Education and Public Works.
S. 1183 -- Senator Waddell: A BILL TO AMEND SECTIONS 12-16-20, 12-16-290, 12-16-510, 12-16-730, 12-16-910, 12-16-1110, 12-16-1130, 12-16-1160, 12-16-1200, 12-16-1210, 12-16-1350, 12-16-1510, 12-16-1520, AND ARTICLES 17 AND 19, CHAPTER 16 OF TITLE 12,, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO CONFORM ITS PROVISIONS TO THE INTERNAL REVENUE CODE OF 1986, AS AMENDED THROUGH DECEMBER 31, 1987, AND TO MAKE TECHNICAL CORRECTIONS, AND TO AMEND SECTION 12-49-70, AS AMENDED, RELATING TO THE CONCLUSIVE PRESUMPTION OF PAYMENT OF TAXES, SO AS TO CORRECT A REFERENCE.
Referred to Committee on Ways and Means.
S. 1191 -- Senators Land and Stilwell: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACADEMIC REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES IN GRADES NINE THROUGH TWELVE, SO AS TO EXTEND ELIGIBILITY TO A STUDENT PASSING FIVE ACADEMIC COURSES AND WHO MAINTAINED AN OVERALL PASSING AVERAGE FOR ALL COURSES TAKEN IN THE PRECEDING SEMESTER.
Referred to Committee on Education and Public Works.
S. 1264 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SURPLUS PROPERTY MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 850, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Derrick Elliott Faber Fair Ferguson Foster Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lanford Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on March 9, 1988.
T.M. Burriss Robert A. Kohn R.S. Corning T.W. Edwards John G. Felder E.D. Foxworth, Jr. Eugene Stoddard
STATEMENT OF ATTENDANCE
Reps. J. ARTHUR and L. KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, March 3, 1988.
The SPEAKER granted Rep. McEACHIN a leave of absence for the day due to illness.
The SPEAKER granted Rep. M.D. BURRISS a leave of absence for the remainder of the day.
The SPEAKER granted Rep. T.M. BURRISS a leave of absence for the remainder of the day, Thursday and Monday.
Announcement was made that Dr. J. Gavin Appleby of Columbia is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1185 -- Senators Bryan and Mitchell: A BILL TO AMEND ACT 765 OF 1978, AS AMENDED, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES IN GREENVILLE COUNTY, SO AS TO DELETE A MAGISTRATE FOR EACH OF THE TOWN OF PIEDMONT AND THE GROVE TOWNSHIP, AND TO PROVIDE FOR ONE FULL-TIME MAGISTRATE FOR THE TOWN OF PIEDMONT AND THE GROVE TOWNSHIP, DESIGNATED AS THE "PIEDMONT-SOUTH GREENVILLE COUNTY MAGISTRATE'S DISTRICT".
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.
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.
Rep. CHAMBLEE explained the Bill.
On motion of Rep. BAKER, with unanimous consent, it was ordered that S. 1185 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 531 -- Education Committee: A BILL TO AMEND SECTION 59-25-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT AND DISMISSAL OF TEACHERS, SO AS TO DEFINE "TEACHER", FOR PURPOSES OF THIS SECTION, AS MEANING ALL EMPLOYEES POSSESSING A PROFESSIONAL CERTIFICATE ISSUED BY THE STATE DEPARTMENT OF EDUCATION, EXCEPT THOSE EMPLOYEES WORKING PURSUANT TO MULTI-YEAR CONTRACTS.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3533 -- Reps. Kay, Sharpe, Jones, L. Phillips, Whipper, Townsend, P. Harris, D. Martin, Shelton, Rice, K. Bailey, Bennett, E.B. McLeod, Hearn, Humphries, Foxworth, Mappus and Nesbitt: A BILL TO AMEND SECTION 47-5-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS SUSPECTED OF HAVING RABIES, SO AS TO PROVIDE THAT CAPTURE, IMPOUNDMENT, AND EUTHANIZATION OF THE ANIMALS MUST BE PERFORMED BY COUNTY HEALTH DEPARTMENTS.
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.
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.
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 following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1067 -- Senator Waddell: A BILL TO AMEND SECTION 46-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE FERTILIZER LAW, SO AS TO PROVIDE FOR THE FERTILIZER BOARD TO BE COMPOSED OF NOT OVER FIVE MEMBERS OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES INSTEAD OF ALL OF THE BOARD MEMBERS.
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. McLELLAN moved that H. 3880, The General Appropriations Bill, be set for Special Order on Monday, March 14, at 1:00 following the Introduction of Bills, and remain the order of business until concluded.
Rep. McLELLAN moved that when the House adjourns Friday it adjourn to meet at 1:00 P.M. on Monday, March 14 in Statewide Session, which was agreed to.
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. R. BROWN explained the Bill.
Reps. FOSTER, WHIPPER, KIRSH and McBRIDE objected to the Bill.
The following Bill was taken up.
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.
Reps. J. ROGERS and J.W. McLEOD proposed the following Amendment No. 1 (Doc. No. 2285J), which was adopted.
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered which shall read:
/SECTION ____. Any licensed chiropractor or physician certified by an accredited college of that profession as an acupuncturist on the effective date of this act may practice acupuncture without being under the supervision of a licensed medical doctor or dentist in facilities approved by the Department of Health and Environmental Control and without any further examination requirements./
Renumber sections to conform.
Amend title to conform.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2239J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 29 of Title 4 of the 1976 Code is amended by adding:
"Section 4-29-67(A) Notwithstanding the provisions of Section 4-29-60, in a financing agreement in the form of a lease or a,lease purchase, for a project involving an initial investment of at least one hundred million dollars, the lease or lease purchase agreement must contain a provision for a payment in lieu of taxes as follows:
(1) a predetermined annual payment for not more than twenty years in an amount not less than the ad valorem taxes that would be due on the project if it were taxable, but using an assessment ratio of not less than six percent, the applicable millage rate at the time of execution of the agreement, and a fair market value estimate as determined by the South Carolina Tax Commission using original cost for the real property and original cost less allowable depreciation for the personal property as provided in Section 12-37-930.
(2) an annual payment for not more than twenty years based on any alternative agreement yielding a net present value of the sum of the fees for the life of the agreement not less than the net present value of the fee schedule as calculated pursuant to item (1);
(3) at the conclusion of any agreement pursuant to (1) or (2), an annual payment equal to the taxes due on the project if it were taxable;
(B) Distribution of the payment in lieu of taxes on the project must be made in the same manner and proportion that the millage levied for school and other purposes would be distributed if the property were taxable. Millage rates must be determined for school and other purposes as if the property were taxable.
(C) Calculations pursuant to subsection (A) must be made on the basis that the property, if taxable, is allowed all applicable ad valorem tax exemptions except the exemption allowed pursuant to Section 3(g) of Article X of the Constitution of this State.
(D) Projects on which payments in lieu of taxes are made pursuant to this section are considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3)."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. J. ROGERS explained the amendment.
The amendment was then adopted.
Rep. LEWIS proposed the following Amendment No. 2 (Doc. No. 2462J).
Amend the report of the Committee on Ways and Means, as and if amended, page 3706-1, by striking line 40 and inserting /and a millage rate not less. than the rate applicable at the time of/.
Amend title to conform.
Rep. LEWIS explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 2, Rep. LEWIS having the floor.
Rep. J. ROGERS moved that the House recur to the morning hour, which was agreed to by a division vote of 66 to 14.
The following was received.
Columbia, S.C., March 9, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3822:
H. 3822-- Ways and Means Committee: A BILL TO AMEND SECTION 11-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL FUND RESERVE, CAPITAL EXPENDITURE FUND, AND OTHER FISCAL MATTERS, SO AS TO REDUCE FROM FOUR TO THREE PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR THE AMOUNT WHICH MUST BE MAINTAINED IN THE GENERAL FUND RESERVE, AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE NOT EFFECTIVE UNTIL THE GENERAL ASSEMBLY APPROVES BY A JOINT RESOLUTION THE AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF THIS STATE WHICH ADDS SECTION 38 REQUIRING A CAPITAL EXPENDITURE FUND EQUAL TO TWO PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR AND PROVIDING WHEN AND THE PURPOSES FOR WHICH THE MONIES FROM THE FUND MAY BE EXPENDED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 9, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3823:
H. 3823 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 38, SO AS TO REQUIRE a CAPITAL EXPENDITURE FUND EQUAL TO TWO PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR, AND PROVIDE WHEN AND THE PURPOSES FOR WHICH THE MONIES FROM THE FUND MAY BE EXPENDED.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 9, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:10 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. O. PHILLIPS, the invitation was accepted.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3598 -- Reps. O. Phillips, G. Bailey, Kirsh, Holt, Klapman, Washington, Whipper, Arthur, Rudnick and Pearce: A BILL TO AMEND CHAPTER 5 OF TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AERONAUTICAL REGULATORY ACT, BY ADDING SECTION 55-5-75, SO AS TO PROVIDE THAT FROM INFORMATION OBTAINED FROM THE FEDERAL AVIATION ADMINISTRATION, THE STATE AERONAUTICS COMMISSION QUARTERLY SHALL FURNISH THE RESPECTIVE COUNTY AUDITORS OF THIS STATE WITH A LIST OF ALL AIRCRAFT REGISTERED IN THEIR COUNTY ACCORDING TO THE RECORDS OF THE FEDERAL AVIATION ADMINISTRATION; TO REPEAL CHAPTER 7 OF TITLE 55 RELATING TO THE REGISTRATION OF AIRCRAFT; TO AMEND SECTIONS 55-8-10, 55-8-40, AND 55-8-140, RELATING TO THE AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO DELETE REFERENCES TO THE REGISTRATION OF AIRCRAFT AND TO PROVIDE CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATION OF THE AIRCRAFT FINANCIAL RESPONSIBILITY ACT; TO REPEAL SECTIONS 55-8-60, 55-8-80, 55-8-120, AND 55-8-130 RELATING TO THE AIRCRAFT FINANCIAL RESPONSIBILITY ACT; AND TO AMEND SECTION 38-1-20, RELATING TO THE KINDS OF INSURANCE FOR WHICH AN INSURANCE COMPANY MAY BE LICENSED, SO AS TO PROVIDE THAT LOSSES, DESTRUCTION, OR DAMAGES TO AIRCRAFT ARE WITHIN THE MEANING OF THE TERM "MARINE INSURANCE".
Ordered for consideration tomorrow.
The following was introduced:
H. 3932 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO DESIGNATE SUNDAY, APRIL 10, 1988, AS BISHOP FREDERICK C. JAMES DAY.
Whereas, Bishop Frederick Calhoun James is a prominent and nationally and internationally recognized member and leader of the African Methodist Episcopal (A.M.E.) Church; and
Whereas, he is the Bishop for the Seventh District in this State of the A.M.E. Church; and
Whereas, he is currently the chairman of the Allen University Board of Trustees, an institution governed and supported by the A.M.E. Church; and
Whereas, Bishop James was actively involved in the planning and leading the national celebration of the bicentennial of the A.M.E. Church during the 1987 year; and
Whereas, in addition to his active involvement in the A.M.E. Church, Bishop James has also served on the State Board of the Department of Social Services and the South Carolina Alcohol-Drug Abuse Commission; and
Whereas, he was born and began his involvement in the A.M.E. Church (Shiloh) in Prosperity, South Carolina; and
Whereas, he received his Bachelor of Arts degree from Allen University and his Masters of Divinity from Howard University, Washington, D.C.; and
Whereas, Bishop James received an Honorary Doctor of Divinity from Allen University in 1952 and an Honorary Doctor of Humanities from Morris Brown University, Atlanta, Georgia in 1982; and
Whereas, the members of the General Assembly, by this resolution, recognize the outstanding contributions and service Bishop James has given to the A.M.E. Church, his local communities, and the State of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That Sunday, April 10, 1988, is designated as Bishop Frederick C. James Day.
Be it further resolved that a copy of this resolution be forwarded to Reverend Johnny Byrd, Pastor of the Shiloh A.M.E. Church, Shiloh Road, Prosperity, South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3933 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING ED MELLETTE OF CLARENDON COUNTY ON BECOMING PRESIDENT OF THE SOUTH CAROLINA GRAIN DEALERS ASSOCIATION AND COMMENDING HIM FOR HIS OUTSTANDING LEADERSHIP IN AGRICULTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3934 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE CLARENDON HALL FOOTBALL TEAM (THE SAINTS) UPON WINNING THE 1987 CLASS AA STATE CHAMPIONSHIP OF THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3935 -- Rep. Kohn: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF GEORGE MCLEAVY OF SUMMERVILLE, DORCHESTER COUNTY, UPON HIS UNTIMELY DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first-time, and referred to appropriate committees:
H. 3936 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO REQUIRE SOLICITORS TO SEND COPIES OF CERTAIN ADDITIONAL INFORMATION TO THE DEPARTMENT OF CORRECTIONS AND THE PAROLE AND COMMUNITY CORRECTIONS BOARD.
Referred to Committee on Judiciary.
H. 3937 -- Rep. Wilkins: A BILL TO AMEND SECTION 44-53-588, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROCEEDS FROM SALES OF FORFEITED ITEMS, SO AS TO REVISE THE MANNER IN WHICH THE PROCEEDS FROM THESE SALES ARE DIVIDED, TO DELETE LIMITATIONS ON HOW MUCH MONEY A LOCAL GOVERNING BODY OR LAW ENFORCEMENT AGENCY MAY RECEIVE FROM EACH FORFEITURE, AND TO PROVIDE THAT THE STATE'S SHARE OF THE PROCEEDS MUST BE PLACED IN THE STATE GENERAL FUND AND NOT ALLOCATED FOR CERTAIN SPECIFIC USES.
Referred to Committee on Ways and Means.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2.
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.
Debate was resumed on Amendment No. 2 by Rep. LEWIS.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 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.
Reps. T. ROGERS, GREGORY and FABER objected to the Bill.
The following Bill was taken up.
H. 2791 -- Reps. Moss, O. Phillips, Neilson and Petty: A BILL TO AMEND CHAPTER 15, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE AND RECOGNIZANCE, BY ADDING SECTION 17-15-16 SO THAT NO PERSON MAY BE RELEASED FROM IMPRISONMENT OR PAROLED WHO HAS BEEN CHARGED WITH OR CONVICTED OF TAKING THE LIFE OF A LAW ENFORCEMENT OFFICER, A JUDICIAL OFFICER, A FORMER JUDICIAL OFFICER, A SOLICITOR, A FORMER SOLICITOR, A PEACE OFFICER, AN EMPLOYEE OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS, OR A FIREMAN, ALL WHILE ENGAGED IN THE PERFORMANCE OF THEIR DUTIES; AND TO AMEND ARTICLE 7, CHAPTER 21, TITLE 24, RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT, BY ADDING SECTION 24-21-615 SO AS TO PROHIBIT ANY PERSON FROM BEING PAROLED WHO HAS BEEN CONVICTED OF ANY OF THE CRIMES LISTED IN SECTION 17-15-16.
Rep. DAVENPORT 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. 2923 -- Rep. Wilkins: A BILL TO AMEND ARTICLE 1, CHAPTER 23, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AND TO CERTAIN REQUIRED TRAINING OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT CORRECTIONAL OFFICERS AND OTHER PERSONNEL EMPLOYED BY THE DEPARTMENT OF CORRECTIONS MUST BE TRAINED BY THE DEPARTMENT; TO PROVIDE THAT THE DIRECTOR OF THE CRIMINAL JUSTICE ACADEMY AND CERTAIN PERSONNEL OF THE ACADEMY HAVE THE STATUS OF LAW ENFORCEMENT OFFICERS; TO PROVIDE THAT NO LAW ENFORCEMENT OFFICER EMPLOYED OR APPOINTED AFTER JULY 1, 1987, IS EMPOWERED TO ENFORCE THE LAWS OF THIS STATE OF A POLITICAL SUBDIVISION THEREOF UNLESS HE HAS BEEN CERTIFIED AS QUALIFIED BY THE COUNCIL, TO PROVIDE THE REQUIREMENTS FOR CERTIFICATION AND TRAINING AND FOR THE DURATION OF CERTIFICATION, AND TO PROVIDE EXCEPTIONS; TO INCREASE THE AMOUNTS ADDED TO CRIMINAL AND TRAFFIC FINES AND USED FOR THE PURPOSE OF LAW ENFORCEMENT TRAINING AND OTHER PURPOSES; AND TO AUTHORIZE THE DIRECTOR OF THE ACADEMY TO TAKE CERTAIN ACTIONS AGAINST PUBLIC LAW ENFORCEMENT AGENCIES IN VIOLATION OF THIS CHAPTER, INCLUDING THE IMPOSITION OF A CIVIL FINE.
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. 315 -- Senator Drummond: A BILL TO REAUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY FOR SIX YEARS; TO AMEND SECTION 40-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE BOARD, SO AS TO AUTHORIZE THE DENTAL HYGIENIST MEMBER TO VOTE ON DISCIPLINARY MATTERS FOR DENTISTS; TO AMEND SECTION 40-15-80, RELATING TO THE DEFINITION OF "DENTAL HYGIENE", SO AS TO REDEFINE THE TERM, TO AUTHORIZE A REGISTERED HYGIENIST TO,PERFORM CERTAIN SERVICES UNDER THE GENERAL SUPERVISION OF A LICENSED DENTIST, AND TO DEFINE "GENERAL SUPERVISION"; AND TO AMEND SECTION 40-15-270, RELATING TO RECIPROCAL AGREEMENTS FOR DENTISTS AND DENTAL HYGIENISTS LICENSED IN OTHER STATES, SO AS TO DELETE LANGUAGE REQUIRING MEMBERSHIP IN REGIONAL TESTING SERVICES AND PROVIDE THAT THE BOARD MAY GRANT LICENSES TO LICENSEES OF OTHER STATES IF THE REQUIREMENT FOR LICENSURE IN THOSE STATES IS SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR LICENSURE REQUIRED BY THE PROVISIONS OF CHAPTER 15 OF TITLE 40.
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 Joint Resolution was taken up.
H. 3911 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 928, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. KLAPMAN made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3912 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SERVICE STATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 927, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3913 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO USE OF HAZARDOUS SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 926, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Joint Resolution was taken up.
H. 3914 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO FIRE PREVENTION AND LIFE SAFETY - BUILDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 925, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. KLAPMAN made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Upon the withdrawal of an objection by Rep. CORNING the following Bill was taken up.
H. 3394 -- Reps. J. Bradley, Boan and J.W. McLeod: 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. GREGORY inquired whether he would be allowed to withdraw an objection as the House had taken up another Bill for consideration.
The SPEAKER stated that as there was time left for consideration of Bills on the Uncontested Calendar, that as they were made uncontested by the withdrawal of objections, they would be taken up, and then continue with the Withdrawal of Objections period.
Rep. MAPPUS moved to table the Bill, which was agreed to.
Upon the withdrawal of an objection by Rep. GORDON the following Joint Resolution was taken up.
H. 3282 -- Reps. Aydlette, McElveen, Lockemy, H. Brown, Thrailkill, Moss, Winstead, G. Bailey, Haskins, Whipper, Mappus, Kay, Klapman, Townsend, Blackwell, Corning, White, Elliott, Derrick, Koon, Simpson, P. Bradley, Wells, Pettigrew, McAbee, Petty, R. Brown, McGinnis, Nesbitt, Wilder, Ogburn, Day, Cooper, Davenport, Baker, T.C. Alexander, J.C. Johnson, McCain, Clyborne and McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37 SO AS TO PROHIBIT ANY REGULATION PROMULGATED BY A STATE AGENCY, BOARD, COMMISSION, COMMITTEE, OR DEPARTMENT FROM BECOMING EFFECTIVE UNLESS APPROVED BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY AND TO ALLOW THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE PROMULGATION OF EMERGENCY REGULATIONS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 19, by the Committee on Judiciary.
Rep. AYDLETTE explained the amendment.
The amendment was then adopted.
Rep. RUDNICK spoke against the Joint Resolution.
Rep. WILKINS spoke in favor of the Joint Resolution.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of the Joint Resolution.
At 12:10 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R410) H. 2782 -- Rep. J. Rogers: AN ACT TO AMEND SECTION 50-13-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS GOVERNING FISHING IN RED BLUFF POND IN MARLBORO COUNTY, SO AS TO ALLOW THE USE OF MINNOWS AS BAIT.
(R411) H. 3756 -- Rep. Aydlette: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GOAT ISLAND, INC., IN CHARLESTON COUNTY.
(R412) H. 3357 -- Reps. Kirsh, McTeer, Elliott and McLellan: AN ACT TO AMEND SECTION 12-3-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE SOUTH CAROLINA TAX COMMISSION TO CONTRACT FOR COMPUTER SERVICES WITH OTHER STATE AGENCIES AND THE EXTENSION OF THE CONFIDENTIALITY PROVISIONS TO THE CONTRACTING PARTY, SO AS TO DELETE REFERENCES TO CONTRACTING AUTHORITY AND CLARIFY THE PROTECTION OF THE CONFIDENTIALITY OF COMMISSION DATA.
(R413) H. 3822 -- Ways and Means Committee: AN ACT TO AMEND ARTICLE 3, CHAPTER 11, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESERVE FUND, AND OTHER FISCAL MATTERS, SO AS TO RETITLE THE ARTICLE TO INCLUDE THE CAPITAL EXPENDITURE FUND AND RENAME THE GENERAL FUND RESERVE THE GENERAL RESERVE FUND, ELIMINATE OBSOLETE FINDINGS AND LANGUAGE, MAKE GRAMMATICAL AND TECHNICAL CHANGES, REDUCE THE AMOUNT WHICH MUST BE MAINTAINED IN THE GENERAL RESERVE FUND FROM FOUR TO THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR, RENAME THE CAPITAL EXPENDITURE FUND THE CAPITAL RESERVE FUND AND PROVIDE THAT THE APPROPRIATION TO THE CAPITAL RESERVE FUND MUST EQUAL TWO PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR EFFECTIVE FOR FISCAL YEAR 1988-89 AND SUCCEEDING FISCAL YEARS RATHER THAN TWO PERCENT, AND BEGINNING IN 1989-90 TWO AND ONE-HALF PERCENT, OF ESTIMATED GENERAL FUND REVENUES, PROVIDE WHEN AND THE PURPOSES FOR WHICH THE MONIES FROM THE FUND MAY BE EXPENDED; TO AMEND SECTION 11-11-70, RELATING TO THE REQUIREMENT THAT THE STATE BUDGET AND CONTROL BOARD SHALL SUBMIT TO THE PRESIDING OFFICER OF EACH HOUSE PRINTED COPIES OF A BUDGET, SO AS TO REQUIRE THAT THE BUDGET WHICH IS SUBMITTED MUST CONFORM TO THE FUNDING REQUIREMENTS CONTAINED IN SECTION 36 OF ARTICLE III OF THE CONSTITUTION OF THIS STATE; TO REPEAL SECTION 11-9-900, RELATING TO THE REQUIREMENT THAT IN THE EVENT OF A PROJECTED DEFICIT, THE BUDGET AND CONTROL BOARD MUST REDUCE THE APPROPRIATION TO THE CAPITAL EXPENDITURE FUND PRIOR TO MANDATING ANY CUTS IN OPERATING APPROPRIATIONS; AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT TAKE EFFECT UPON APPROVAL BY THE GENERAL ASSEMBLY OF JOINT RESOLUTION H. 3823.
(R414) H. 3823 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36 OF ARTICLE III OF THE CONSTITUTION OF THIS STATE, 1895, RELATING TO THE GENERAL FUND RESERVE, SO AS TO CHANGE THE NAME OF THE GENERAL FUND RESERVE TO THE GENERAL RESERVE FUND, REDUCE FROM FOUR TO THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR THE AMOUNT REQUIRED IN THE FUND, DELETE PROVISIONS REQUIRING A SPECIAL VOTE TO ADJUST THE PERCENTAGE REQUIRED IN THE FUND, DELETE PROVISIONS REQUIRING THE GENERAL ASSEMBLY TO REVIEW THE LAW ON THIS SUBJECT EVERY FIVE YEARS, PROVIDE A MECHANISM FOR RESTORING THE FUND SHOULD MONIES FROM THE FUND BE EXPENDED, REQUIRE A CAPITAL RESERVE FUND EQUAL TO TWO PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR, AND PROVIDE THAT BEFORE MARCH FIRST THE CAPITAL RESERVE FUND MUST BE USED TO OFFSET MID-YEAR BUDGET REDUCTIONS BEFORE MANDATING CUTS IN OPERATING APPROPRIATIONS AND AFTER MARCH FIRST MONIES FROM THE FUND MAY BE APPROPRIATED BY A SPECIAL VOTE IN SEPARATE LEGISLATION BY THE GENERAL ASSEMBLY TO FINANCE IN CASH PREVIOUSLY AUTHORIZED CAPITAL IMPROVEMENT BOND PROJECTS, RETIRE BOND PRINCIPAL OR INTEREST ON BONDS PREVIOUSLY ISSUED, AND FOR CAPITAL IMPROVEMENTS OR OTHER NONRECURRING PURPOSES WHICH MUST BE RANKED IN ORDER OF PRIORITY OF EXPENDITURE AND NOT BE FUNDED UNTIL THIRTY DAYS AFTER COMPLETION OF THE FISCAL YEAR AND PROVIDE THAT ANY APPROPRIATIONS OF MONIES FROM THE CAPITAL RESERVE FUND AFTER MARCH FIRST MUST BE REDUCED BASED ON THE,RANK OF PRIORITY BEGINNING WITH THE LOWEST PRIORITY TO THE EXTENT NECESSARY AND APPLIED TO THE YEAR-END DEFICITS BEFORE WITHDRAWING MONIES FROM THE GENERAL RESERVE FUND AND TO PROVIDE THAT MONIES IN THE CAPITAL RESERVE FUND NOT APPROPRIATED OR ANY APPROPRIATION FOR A PARTICULAR PROJECT OR ITEM WHICH HAS BEEN REDUCED DUE TO APPLICATION OF THE MONIES TO YEAR-END DEFICIT MUST LAPSE AND BE CREDITED TO THE GENERAL FUND.
At 12:30 P.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution.
H. 3282 -- Reps. Aydlette, McElveen, Lockemy, H. Brown, Thrailkill, Moss, Winstead, G. Bailey, Haskins, Whipper, Mappus, Kay, Klapman, Townsend, Blackwell, Corning, White, Elliott, Derrick, Koon, Simpson, P. Bradley, Wells, Pettigrew, McAbee, Petty, R. Brown, McGinnis, Nesbitt, Wilder, Ogburn, Day, Cooper, Davenport, Baker, T.C. Alexander, J.C. Johnson, McCain, Clyborne and McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37 SO AS TO PROHIBIT ANY REGULATION PROMULGATED BY A STATE AGENCY, BOARD, COMMISSION, COMMITTEE, OR DEPARTMENT FROM BECOMING EFFECTIVE UNLESS APPROVED BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY AND TO ALLOW THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE PROMULGATION OF EMERGENCY REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article III of the Constitution of this State be amended by adding:
"Section 37. No regulation promulgated by a state agency, board, commission, committee, or department may become effective unless approved by the General Assembly by concurrent resolution. The General Assembly may provide by law for promulgation of emergency regulations."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article III of the Constitution of this State be amended so as to prohibit any regulation promulgated by a state agency, board, commission, committee, or department from becoming effective unless approved by concurrent resolution by the General Assembly and to allow the General Assembly to provide by law for the promulgation of emergency regulations?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Keyserling Kohn Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McElveen McGinnis McKay McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rogers, J. Sharpe Sheheen Short Simpson Snow Sturkie Taylor Townsend Tucker Waldrop Wells Whipper Wilder Wilkins Williams Winstead
Those who voted in the negative are:
So, the Joint Resolution having received the necessary two-thirds vote was passed and ordered to third reading.
Rep. GREGORY withdrew his objection to H. 2484 however, other objections remained upon the Bill.
Reps. TAYLOR and McABEE withdrew their objections to the following Bill.
H. 2197 -- Reps. McEachin, McKay, R. Brown, Harvin, J.W. McLeod, Gilbert, Thrailkill, Pearce, Nettles, J. Harris, Lockemy, Neilson, J. Rogers, Keyserling, Altman, Elliott, Barfield, Foster, Baxley, Boan, Gordon, Ogburn, Blanding, Short, Kirsh, Hayes and Beasley: A BILL TO AMEND SECTION 59-119-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO PROVIDE THAT OF THE SIX MEMBERS OF THE BOARD ELECTED BY THE GENERAL ASSEMBLY, ONE MUST BE ELECTED FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE ON A PHASE-IN BASIS, AND TO PROVIDE THE PROCEDURES FOR ELECTING THESE MEMBERS AND THEIR TERMS OF OFFICE.
Rep. CORNING raised the Point of Order that the objection of Rep. HAWKINS on H. 2197 must be removed as he was no longer a member of the House.
The SPEAKER sustained the Point of Order and ordered the objection removed from the Bill.
Reps. SIMPSON, KLAPMAN, CORNING and CHAMBLEE objected to the Bill.
On motion of Rep. McLELLAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 1195 -- Senator Williams: A BILL TO AMEND SECTION 14-7-1780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVIDING OF SPACE FOR THE STATE GRAND JURY TO MEET AND THE APPROPRIATION OF FUNDS FOR THE OPERATION OF THE STATE GRAND JURY, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL RATHER THAN THE IMPANELING JUDGE SHALL MAKE SUITABLE SPACE AVAILABLE FOR THE STATE GRAND JURY AND TO PROVIDE THAT THE FUNDS FOR THE OPERATION OF THE STATE GRAND JURY MUST BE APPROPRIATED TO THE ATTORNEY GENERAL'S OFFICE RATHER THAN TO THE JUDICIAL DEPARTMENT.
On motion of Rep. BAKER, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
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.
On motion of Rep. J. BRADLEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 1217 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF EXCESSIVE OR UNREASONABLE RATES BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO AUTHORIZE HIM TO ORDER A REFUND OF PREMIUMS WHERE A DETERMINATION THAT EXCESSIVE OR UNREASONABLE PROFITS HAVE BEEN REALIZED; AND TO REPEAL SECTION 38-73-465 RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO ORDER RATES OF INDIVIDUAL INSURERS TO BE REVISED AND EXCESSIVE BENEFITS REBATED UNDER CERTAIN CONDITIONS.
Rep. McABEE asked unanimous consent to withdraw his name as a co-sponsor of a Bill.
The SPEAKER stated that the Rules of the House did not allow a member to withdraw his name from a Bill once it had been read across the desk the first time, and that the Rules of the House could not be suspended by unanimous consent.
Rep. LIMEHOUSE stated that the Rule dealt with members adding their names to Bills, not removing them.
The SPEAKER stated that, by inclusion of the greater, it included the lesser.
Rep. KLAPMAN requested that the SPEAKER cite the Rule.
The SPEAKER cited Rule 5.1.
Rep. SIMPSON asked unanimous consent to recall H. 2051 from the Committee on Labor, Commerce and Industry.
Rep. TAYLOR objected.
Rep. J. BRADLEY moved that the House recur to the morning hour, which was not agreed to.
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 Tuesday.
Rep. SHARPE moved to table the motion.
Rep. P. HARRIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Barfield Baxley Bennett Blackwell Blanding Brown, R. Brown, R. Burch Carnell Chamblee Clyborne Cooper Cork Dangerfield Edwards Elliott. Foster Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McElveen McKay McLeod, E.B. McTeer Nesbitt Nettles Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Short Simpson Snow Sturkie Taylor Thrailkill Townsend Tucker Waldrop Whipper White Wilder Williams
Those who voted in the negative are:
Arthur Bailey, G. Baker Bradley, J. Davenport Derrick Kohn Lanford Moss Pettigrew Phillips, O. Winstead
So, the motion to table was agreed to.
Rep. P. HARRIS explained the Senate Amendment.
The SPEAKER granted Rep. FERGUSON a leave of absence for the remainder of the day.
Rep. O. PHILLIPS spoke against the Senate Amendment.
Rep. WINSTEAD moved that the House do now adjourn.
Rep. TUCKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bennett Davenport Moss Neilson Phillips, O. Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Derrick Elliott Faber Fair Felder Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hayes Hearn Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Klapman Kohn Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McElveen McGinnis McLellan McLeod, E.B. McTeer Nesbitt Nettles Pettigrew Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Shelton Simpson Snow Thrailkill Townsend Tucker Waldrop Washington Wells Whipper Wilder
So, the House refused to adjourn.
Rep. P. BRADLEY moved that the House recede until 2:15 P.M., which was rejected.
Rep. O. PHILLIPS continued speaking.
Rep. SIMPSON inquired whether there was a time limit on debate of Senate Amendments.
The SPEAKER stated that the rules of normal debate applied to Senate Amendments.
Rep. TUCKER moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, K. Barfield Baxley Bennett Blanding Boan Brown, J. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Elliott Faber Gilbert Harris, J. Harris, P. Harvin Hayes Hendricks Hodges Holt Huff Johnson, J.W. Jones Kay Lockemy Martin, L. Mattos McBride McLeod, E.B. Nesbitt Nettles Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Sharpe Shelton Simpson Snow Thrailkill Townsend Tucker Whipper White Wilder
Those who voted In the negative are:
Arthur Aydlette Baker Bradley, J. Bradley, P. Brown, H. Brown, R. Burch Cole Davenport Day Derrick Edwards Ferguson Gentry Haskins Hearn Humphries Johnson, J.C. Kirsh Klapman Kohn Koon Lanford Limehouse Mappus McCain McElveen McGinnis Moss Neilson Pettigrew Petty Phillips, O. Rudnick Sheheen Sturkie Waldrop Washington Wells Winstead
So, having received the necessary vote, immediate cloture was ordered.
Rep. O. PHILLIPS proposed the following Amendment No. 1 (Doc. No. 2274J), which was tabled.
Amend the bill, as and if amended, by adding a new subsection (C) to SECTION 4 to read:
/(C) Any application for the establishment of a health care facility owned and operated by the federal government or a federal health care facility sponsored and operated by this State, which application is pending on the effective date of this section, must be decided and determined under the law as existed at the time the application was submitted./
Renumber sections to conform.
Amend title to conform.
Rep. O. PHILLIPS explained the amendment.
Rep. P. HARRIS moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Aydlette Bailey, K. Barfield Baxley Bennett Blanding Boan Bradley, J. Brown, H. Burch Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Derrick Edwards Foster Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.W. Jones Kay Keyserling Kirsh Kohn Koon Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McGinnis McLellan McLeod, E.B. McTeer Nesbitt Nettles Pettigrew Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Shelton Short Simpson Snow Taylor Thrailkill Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
Arthur Bailey, G. Baker Bradley, P. Brown, R. Cole Davenport Day Haskins Johnson, J.C. Lanford Moss Neilson Phillips, O. Sheheen Wells
So, the amendment was tabled.
Rep. O. PHILLIPS proposed the following Amendment No. 2), which was tabled.
Amend as and if amended.
Section 4 B) line 27 - strike March 18, 1988 and add March 23, 1988.
Rep. O. PHILLIPS explained the amendment.
Rep. J. ROGERS moved to waive Rule 6.1, which was agreed to by a division vote of 53 to 41.
Rep. CHAMBLEE moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Aydlette Bailey, G. Bailey, K. Barfield Baxley Bennett Blanding Boan Bradley, J. Brown, H. Brown, J. Burch Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Derrick Faber Fair Foster Foxworth Gentry Harris, J. Harris, P. Harvin Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.W. Kay Kirsh Koon Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McElveen McLellan McLeod, E.B. Pettigrew Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Shelton Short Simpson Snow Taylor Townsend Tucker Waldrop Washington Whipper Wilder Wilkins Williams
Those who voted in the negative are:
Arthur Baker Bradley, P. Cole Davenport Day Edwards Elliott Felder Haskins Lanford Moss Neilson Petty Phillips, O. Rudnick Sheheen Wells
So, the amendment was tabled.
Reps. MOSS and O. PHILLIPS spoke against the Senate Amendments.
Rep. P. HARRIS spoke in favor of the Senate Amendments.
The question then recurred to the House concurring in the Senate Amendments.
Rep. P. HARRIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Aydlette Bailey, G. Bailey, K. Baxley Bennett Blanding Brown, H. Brown, J. Carnell Chamblee Cooper Cork Corning Dangerfield Faber Foster Foxworth Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hayes Hendricks Holt Huff Humphries Jones Kay Keyserling Kirsh Kohn Koon Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Pettigrew Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Shelton Simpson Taylor Townsend Tucker Waldrop Washington Whipper Wilder Wilkins Williams
Those who voted in the negative are:
Arthur Baker Barfield Boan Brown, R. Burch Burriss, M.D. Cole Davenport Day Edwards Elliott Gentry Hearn Hodges Johnson, J.C. Johnson, J.W. Lanford Limehouse Moss Petty Phillips, O. Sheheen Short Wells
So, 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.
Rep. WILKINS moved that the House do now adjourn, which was adopted.
At 1:25 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.
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