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 Father in Whose presence our heads bow and our hearts are open, we thank You for our great State - Her glorious past, Her glowing present, and Her promising future. Continue to make us great in our devotion to truth, gallant in our desire for honor, sincere in our dedication to good will, and genuine in our decision to promote charity and understanding. Strengthen our faith, increase our courage, and stimulate our high endeavors that we may never lose heart in our struggle for the accomplishment of Your plans and purposes in and by us.
And to You, O Lord, shall be all glory and honor.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following were received.
March 9, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 946)
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 9, 1988, regulations concerning Practice and Procedure from the State of South Carolina Public Service Commission.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
March 9, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 965)
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 9, 1988, regulations concerning Personnel Administration: Definitions, Personnel Programs and Records from the State Budget and Control Board.
They are hereby referred to the Committee on Ways and Means for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED
The following was received.
March 9, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 928)
House of Representatives
Dear Mrs. Shealy:
The State Budget and Control Board is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to Tents, Grandstands and Air-Supported Structures, effective this date. These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The following was introduced:
H. 3938 -- Reps. Edwards and Cole: A CONCURRENT RESOLUTION RECOGNIZING THE ATHLETIC ABILITY AND TALENT OF MISS ANGEL HENDERSON OF SPARTANBURG COUNTY AND COMMENDING HER FOR HER SUCCESS AND MANY ACCOMPLISHMENTS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3939 -- Rep. Edwards: A CONCURRENT RESOLUTION TO CONGRATULATE THE FACULTY, STAFF, STUDENTS, AND FRIENDS OF PINE STREET ELEMENTARY SCHOOL IN SPARTANBURG, UPON ITS RECEIPT OF THE "PALMETTO'S FINEST" AWARD FROM THE SOUTH CAROLINA ASSOCIATION OF ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1289 -- Senators Lee, Russell and Horace C. Smith: A CONCURRENT RESOLUTION TO COMMEND "JUST SAY NO, SPARTANBURG COUNTY" FOR ITS EFFECTIVE AND DEVOTED EFFORTS IN ENCOURAGING CHILDREN AND YOUNG PEOPLE TO SAY NO TO DRUGS AND ALCOHOL USE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1290 -- Senators McConnell, J. Verne Smith, Macaulay, Leatherman, Drummond, Wilson, Williams, Horace C. Smith, Courson and Dennis: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LAVERNE HUGHES WATSON OF COLUMBIA AND EXTENDING HEARTFELT SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1296 -- Senators Moore, Shealy and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE JIM BENNETT ON THE SUCCESS OF HIS TELEVISION SHOW "WEEKEND GARDENER", WHICH IS PRODUCED IN AIKEN COUNTY, AND EXTEND APPRECIATION FOR THE FINE WORK HE IS DOING TO BRING ATTENTION AND NOTORIETY TO THIS STATE THROUGH THIS SHOW AND HIS BI-MONTHLY PUBLICATION, THE WEEKEND GARDENER JOURNAL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3940 -- Reps. McAbee, Gentry, Waldrop, Davenport and White: A BILL TO AMEND SECTION 6-7-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY OR COUNTY TO ADOPT SUBDIVISION REGULATIONS, SO AS TO AUTHORIZE THE GOVERNING BODY OF THE COUNTY TO CREATE SUBDIVISION DISTRICTS AND ADOPT SUBDIVISION REGULATIONS FOR A SPECIFIC DISTRICT.
Rep. McABEE asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SIMPSON objected.
Referred to Committee on Judiciary.
H. 3941 -- Reps. Fair, Huff, Hayes and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-170 SO AS TO PROVIDE FOR A LIMITATION ON CAUSES OF ACTION AGAINST A LICENSED HEALTH CARE PROVIDER BASED ON A MEDICALLY DIAGNOSED CONGENITAL DEFECT OR BIRTH ABNORMALITY.
Referred to Committee on Judiciary.
H. 3942 -- Reps. Pettigrew, Baker, Snow, T.C. Alexander and Koon: A BILL TO AMEND SECTION 12-7-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED NEW JOBS CORPORATE INCOME TAX CREDIT, SO AS TO ALLOW THE CREDIT TO BE TAKEN AGAINST THE STATE INCOME TAX OF ALL QUALIFYING EMPLOYERS, CORPORATE OR INDIVIDUAL, AND TO ALLOW PARTNERS AND SUBCHAPTER S CORPORATION SHAREHOLDERS TO CLAIM THEIR PROPORTIONATE SHARE OF THE CREDITS.
Referred to Committee on Ways and Means.
H. 3943 -- Reps. Rudnick, White, K. Bailey, Shelton, Keyserling, Jones, Whipper and J. Bradley: A BILL TO AMEND CHAPTER 1 OF TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY BY ADDING SECTION 10-1-175 SO AS TO REQUIRE CERTAIN PUBLIC NOTICES BEFORE REAL PROPERTY OR IMPROVEMENTS THEREON OWNED BY THE STATE MAY BE RENAMED IN HONOR OF A PARTICULAR INDIVIDUAL, AND TO PROVIDE CERTAIN EXCEPTIONS.
Referred to Committee on Education and Public Works.
H. 3944 -- Reps. Rudnick, Faber, Blanding, Whipper, Washington, K. Bailey, Bennett and Williams: A BILL TO AMEND ARTICLE 1, CHAPTER 9 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE FINANCES BY ADDING SECTION 11-9-115 SO AS TO REQUIRE CERTAIN PUBLIC NOTICES BEFORE A CONTRACT OR A LISTING AGREEMENT FOR THE SALE OF REAL PROPERTY OWNED BY THE STATE MAY BE EXECUTED.
Referred to Committee on Education and Public Works.
H. 3945 -- Rep. Blackwell: A BILL TO DESIGNATE A ROAD IN GREENVILLE COUNTY AS "LITTLE TEXAS ROAD".
On motion of Rep. BLACKWELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1006 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.
Referred to Committee on Agriculture and Natural Resources.
S. 1119 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILLEGAL TAKING OF DEER IN RESTOCKED AREAS OF GAME ZONES 1, 2, AND 4, SO AS TO PROVIDE THAT, IN ADDITION TO OTHER STATUTES DEFINING THE UNLAWFUL TAKING OF DEER, IT IS UNLAWFUL TO TAKE OR ATTEMPT TO TAKE OR KILL DEER IN ANY WAY NOT PRESCRIBED BY THE WILDLIFE AND MARINE RESOURCES COMMISSION.
Referred to Committee on Agriculture and Natural Resources.
S. 1163 -- Senator Drummond: A BILL TO AMEND CHAPTERS 11 AND 17, TITLE' 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME AND THE COASTAL FISHERIES LAWS, SO AS TO RESTRUCTURE THE CONTENTS OF THE CHAPTERS AND REARRANGE AND RECODIFY THE PROVISIONS OF LAW IN THIS STATE CONCERNING THE HUNTING, TRAPPING, AND PROTECTION OF ANIMALS AND GAME AND THE REGULATION OF COASTAL FISHERIES.
Referred to Committee on Agriculture and Natural Resources.
S. 1182 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO DESIGNATE SECTIONS 12-54-10 THROUGH 12-54-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1, OF CHAPTER 54, OF TITLE 12, ENTITLED "UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION", AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 IN CHAPTER 54 OF TITLE 12, SO AS TO ENACT THE SETOFF DEBT COLLECTION ACT, AND TO REPEAL SECTIONS 12-7-2240 AND 12-53-55 OF THE 1976 CODE, RELATING TO EXISTING REFUND SETOFF AND INFORMATION EXCHANGE PROVISION MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Referred to Committee on Ways and Means.
S. 1184 -- Senator Drummond: A BILL TO AMEND SECTION 50-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COSTS OF NONGAME AND ENDANGERED SPECIES' CONSERVATION PROGRAMS, SO AS TO PROVIDE FOR PERMITS FOR THE SALE OF ALLIGATOR PRODUCTS AND THAT THE PROCEEDS FROM PERMIT SALES AND PORTIONS OF THE PROCEEDS FROM THE SALE OF ALLIGATOR PRODUCTS MAY BE USED TO PAY THE COSTS OF THE ALLIGATOR CONTROL MANAGEMENT PROGRAM.
Referred to Committee on Agriculture and Natural Resources.
S. 1265 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX (VALUATION OF PERSONAL PROPERTY), DESIGNATED AS REGULATION DOCUMENT NUMBER 872, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Ways and Means.
S. 1277 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 4-9-30, AS AMENDED, AND 5-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTIES AND MUNICIPAL CORPORATIONS, SO AS TO EXEMPT FROM BUSINESS LICENSE TAXES ENTITIES AND THEIR SUBSIDIARIES AND AFFILIATES WHICH ARE EXEMPT FROM LICENSE TAX UNDER ANOTHER LAW AND TO LIMIT THE RIGHT TO LEVY A BUSINESS LICENSE TAX ON BUSINESSES ENGAGED IN MAKING LOANS SECURED BY REAL ESTATE.
Referred to Committee on Ways and Means.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 3945 be read the second and third times the next two successive legislative days.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Baxley Beasley 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 Elliott Faber Fair Ferguson Foster Foxworth Gentry Gilbert Gordon 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 Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams
I came in after the roll call and was present for the Session on March 10, 1988.
Edward Bennett Paul Derrick Daniel Winstead Lewis Phillips R.S. Corning Ken Bailey Bob Kohn John Felder
LEAVE OF ABSENCE
The SPEAKER granted Rep. McEACHIN a leave of absence for the day due to illness.
Announcement was made that Dr. Gerald G. Wilson of Columbia is the Doctor of the Day for the General Assembly.
The following Bill was 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 it be enrolled for ratification.
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".
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
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.
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.
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.
On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 3902 be read the third time tomorrow.
On motion of Rep. GENTRY, with unanimous consent, it was ordered that H. 3923 be read the third time tomorrow.
Rep. McLELLAN made a statement relative to the State Budget.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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.
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 Bill was taken up.
S. 1062 -- Senators Drummond, Patterson, Williams and Leventis: A BILL TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.
Reps. DAVENPORT, WELLS and COOPER objected to the Bill.
Rep. O. PHILLIPS moved to adjourn debate upon the following Bill until Tuesday, March 22, which was adopted.
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.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 2397J), which was adopted.
Amend the bill, as and if amended, Section 23-23-20 as contained in SECTION 1, by deleting the last four sentences of the section beginning on page 3.
When the amended Section 23-23-20 shall read:
/ Section 23-23-20. There is hereby created and established a central training facility which shall must be located near the geographical and population center of the State, and which shall provide facilities and training for any and all officers from State state, county, and local law enforcement agencies and for other designated persons in the criminal justice system.; provided, that correctional officers and other personnel employed or appointed by the South Carolina Department of Corrections must be trained by the Department. Administration of this academy shall must be vested in a director who will be is responsible for selection of instructors, course content, maintenance of physical facilities, recordkeeping, supervision of personnel, scheduling of classes, enforcement of minimum standards for certification (as will be hereinafter set forth), and such other matters as may be agreed upon by the Council. The director shall must be hired by and responsible to the Council./
Amend further, page 4, item (6) of subsection (A) of Section 23-23-30 as contained in SECTION 1 by striking /University of South Carolina School of Law/ beginning on line 1 of the item and inserting / University of South Carolina School of Law College of Criminal Justice at the University of South Carolina, Columbia Campus/.
When amended item (6) shall read:
(6) the Dean of the University of South Carolina School of Law College of Criminal Justice at the University of South Carolina, Columbia Campus;
Amend further, page 6, Section 23-23-40 as contained in SECTION 1, by striking on line 3 /1987/ and inserting /1988/ and by striking on line 25 /preservice training/ and inserting /firearms qualification/.
When amended Section 23-23-40 shall read:
/Section 23-23-40. No law enforcement officer employed or appointed on or after January 1, 1972 July 1, 1988, by any public law enforcement agency in this State shall be is empowered or authorized to enforce the laws or ordinances of this State or any political subdivision thereof unless he has, within one year after his date of appointment, successfully completed the minimum basic training requirements established pursuant to this article been certified as qualified by the Council, except that any public law enforcement agency in this State may appoint or employ as a law enforcement officer, a person who is not certified if, within one year after the date of employment or appointment the person secures certification from the Council; provided, that if any public law enforcement agency employs or appoints as a law enforcement officer a person who is not certified, the person shall not perform any of the duties of a law enforcement officer involving the control or direction of members of the public or exercising the power of arrest until he has successfully completed a firearms qualification program approved by the Council. Should any such person fail to successfully complete such basic training requirements secure certification within one year from his date of employment, he shall may not perform any of the duties of a law enforcement officer involving control or direction of members of the public or exercising the power of arrest until he has successfully completed such basic training requirements been certified. He shall is not be eligible for employment or appointment by any other agency in South Carolina as a law enforcement officer, nor shall is he be eligible for any compensation by any law enforcement agency for services performed as an officer; provided, however, that after a lapse of two years following the date of the failure to achieve certification, the head of a local law enforcement of such individual, such reinstatement to rest solely with the discretion of the council. The provisions of this article shall not apply to any law enforcement officers throughout the State to qualify themselves for certification by the council. Exceptions to the one-year rule may be granted by the council Council in these cases:
(a) military leave or injury occurring during that first year which would preclude the receiving of training within the usual period of time, or
(b) in the event of the timely filing of application for training, which application, under circumstances of time and physical limitations, cannot be honored by the training academy within the prescribed period, or
(c) upon presentation of documentary evidence that the officer-candidate has successfully completed equivalent training in one of the other states which by law regulate and supervise the quality of police training and which require a minimum basic or recruit course of duration and content at least equivalent to that provided in this article or by standards set by the South Carolina Law Enforcement Training Council./
Amend further, in subsection (C) of Section 23-23-50 as contained in SECTION 1, page 11, by striking on line 1 /1987/ and inserting /1988/ and by striking on line 2 /1990/ and inserting /1991/.
When amended subsection (C) shall read:
/(C) Law enforcement officers already serving under permanent appointments prior to December 31,1971, shall not be required to meet any requirements set out in subsection (B), items (1), (2), or (3) (supra) of Section 23-23-50 as a condition of tenure or continued employment, nor shall failure of any such officer to fulfill such requirements make him ineligible for any promotional examination for which he is otherwise eligible. Nevertheless, all such exempted officers shall comply with items (4), (5), (6), and (7) of subsection (B) of Section 23-23-50; submission of this material to the Council, unless or until advised to the contrary, shall be c/o South Carolina Law Enforcement Division, Columbia, South Carolina.
A certificate as a law enforcement officer issued by Council will either expire three years from the date of issuance or upon discontinuance of employment by the officer with the employing entity or agency. The certification of any law enforcement officer issued by the Council that is current on July 1, 1988 will expire in the year 1991 on the last day of the month during which it was issued, or upon discontinuance of employment with the employing entity or agency. Prior to the be renewed upon application presented to the Council on a form prescribed by Council. The application for renewal must be received by Council at least forty-five days prior to the expiration of the certificate. If the officer's certificate has lapsed, Council may reissue the certificate after receipt of an application and if Council is satisfied that the officer continues to meet the requirements of subsections (B)(1) through (B)(9;)./
Amend further, page 14, by striking Section 23-23-75 as contained in SECTION 1 and inserting:
Section 23-23-75. (A) Whenever the Council finds that any public law enforcement agency is in violation of any provisions of this chapter, it may issue an order requiring the public law enforcement agency to comply with the provision, it may bring a civil action for injunctive relief in the appropriate court, or it may bring civil enforcement action. Violation of any court order issued pursuant to this section must be considered contempt of the issuing court and punishable as provided by law. The Council may also invoke the civil penalties as provided in subsection (B) for violation of the provisions of this chapter, including any order or regulation hereunder. Any public law enforcement agency against which a civil penalty is invoked by the Council may appeal the decision to the Court of Common Pleas in Richland County.
(B) Any public law enforcement agency which fails to comply with this chapter and regulations promulgated pursuant to this chapter or fails to comply with any order issued by the Council is liable for a civil penalty not to exceed one thousand five hundred dollars a violation./
Amend further, page 15, by striking on line 1 of SECTION 2 /1987/ and inserting /1988/.
When amended SECTION 2 shall read:
/SECTION 2. This act takes effect July 1, 1988./
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT explained the Bill.
Reps. KIRSH, McABEE and BLANDING objected to the Bill.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 2374J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The South Carolina State Board of Dentistry is reauthorized for six years.
SECTION 2. The seventh paragraph of Section 40-15-20 of the 1976 Code is amended to read:
"All members of the board shall have full voting rights except that the lay member shall be is exempt from voting on examinations for licensure and the dental hygienist shall be is exempt from voting on examination for licensure for dentists and disciplinary matters for dentists."
SECTION 3. Section 40-15-80 of the 1976 Code is amended to read:
"Section 40-15-80. The term 'dental hygiene' and the practice thereof as used in this chapter is hereby defined as (a) the removal of accumulated matter from the natural and restored surfaces of teeth and from restorations in the human mouth and the polishing of such surfaces of teeth and from restorations in the human mouth and the polishing of such acts must be performed under the direction and control of a licensed dentist present on the premises. Persons practicing dental hygiene, other than dentists, shall be referred to as dental hygienists. Additional tasks permitted to be performed by licensed dental hygienists may be outlined from time to time by the Board by appropriate rules and regulations.
(A) Any Person is considered to be practicing dental hygiene who engages in those clinical procedures primarily concerned with the performance of preventive dental services not constituting the practice of dentistry, including removing all hard and soft deposits and stains from the surfaces of the human teeth, performing clinical examination of teeth and surrounding tissues for diagnosis by the dentist, and performing such other procedures, under the supervision of a licensed dentist, as may be delegated by regulations of the board.
(B) In school settings, licensed dental hygienists may provide oral hygiene instruction and counseling. Perform oral screenings, provide nutrition and dietary counseling and apply topical fluoride without the presence of a dentist on the premises.
(C) In school settings, application of sealants and oral prophylaxis are subject to the following restrictions:
(1) Whenever a sealant or prophylaxis is placed or provided, only those students identified as 'dentally indigent' are eligible for the treatment. 'Dentally indigent' as used here refers to all students who are eligible for Medicaid or all students who are on free for reduced lunch programs or are eligible for free or reduced lunch programs, or both.
(2) A licensed dental hygienist must receive authorization from a licensed dentist who is either his employer or supervising dentist before placement of sealants or a prophylaxis is provided.
(3) A pre-examination and written authorization by the authorizing dentist, to occur no more than forty-five days before treatment is administered, is required before any student receives sealant application or oral prophylaxis, or both. Treatment cannot be authorized for a student who is an active patient of another dentist.
(D) In facilities owned or operated by the federal, state, or local government, and in nursing home facilities, licensed dental hygienists may provide oral hygiene instruction and counseling, perform oral screenings, provide nutrition and dietary counseling, and apply topical fluorides without the presence of a dentist on the premises. A licensed dental hygienist must receive authorization from a licensed dentist who is either his employer or supervising dentist before placement of sealants. A pre-examination and written authorization by the authorizing dentist, to occur no more than forty-five days before treatment is administered, is required before any individual may receive sealants. Treatment cannot be authorized for an individual who is an active patient of another dentist."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. LOCKEMY explained the amendment.
Reps. FOXWORTH and SHARPE objected to the Bill.
Rep. LOCKEMY continued speaking.
Rep. KLAPMAN objected to the Bill.
The following Bill was taken up.
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.
Rep. T. ROGERS 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. 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.
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. 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.
Rep. RHOAD explained the Bill.
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. 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.
Rep. McABEE 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. J. BRADLEY moved to adjourn debate upon the following Bill until Tuesday, March 22, which was adopted.
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.
The following Bill was taken up.
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.
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. 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.
Rep. DANGERFIELD 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. 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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6382k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 42-1-390 of the 1976 Code is amended to read:
"Section 42-1-390. Any employer who, having elected to come under this Title title, being at that time exempt therefrom from this title, and subsequently desiring to withdraw from under the its terms of this Title, may give notice in writing either to the Commission that he shall no longer be is under the terms of this Title and at title or to his insurer who shall give notice in writing to the Commission that the employer is no longer under the terms of this title. If the insurer does not give the notice to the Commission as required by this section, the insurer shall pay a penalty of one thousand dollars to the Commission which shall be used by the commission to offset the costs of administering the provisions of Title 42. 'In the case where the employer gives the notice to the Commission that he no longer is under the terms of this title, the Commission shall, in turn, within thirty days of receipt of the employer's notice, inform the employer, in writing, that he must provide written notification by a date certain to his employees of his withdrawal from the terms of this title; however, no employer is required to so notify his employees unless the Commission informs him he must do so, as required by this section. At the expiration of sixty days from the date of such written notice such to the Commission the employer shall no longer be is liable under the terms of this Title title and may thereafter be permitted to set up any defense as he may be advised to any action brought against him for personal injury or death by accident to any employee."
SECTION 2. Section 42-5-80 of the 1976 Code is amended to read:
"Section 42-5-80. (A) No policy of insurance against liability arising under this Title title shall may be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled thereto all benefits conferred by this Title title, and all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by any default of the insured after the injury or by any default in giving notice required by such policy or otherwise.
(B) Such agreement shall must be construed to be a direct promise by the insurer to the person entitled to compensation enforceable in his name.
(C) Any insurer who issues a policy of compensation insurance to an employer not subject to this title may not plead as a defense that the employer is not subject to this title and is estopped to deny coverage."
SECTION 3. This act takes effect upon approval by the Governor.
Amend title to conform
Rep. L. MARTIN 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. GENTRY, with unanimous consent, it was ordered that S. 421 be read the third time tomorrow.
The following Bill was taken up.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6385k).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 40-3-10 of the 1976 Code is amended by adding new items at the end to read:
"(3) 'Professional degree' means the successful completion of a National Architectural Accrediting Board accredited degree in architecture.
(4) 'Responsible charge' means direct control and personal supervision of the practice of architecture."
SECTION 2. Section 40-3-60 of the 1976 Code is amended to read:
"Section 40-3-60. The Board shall, at each annual meeting and at other times as it may consider necessary, examine all applicants for admission to practice architecture. These examinations shall consist of an inquiry into the record, character, education, experience, knowledge, attainments, and qualifications of the applicant and may, in the discretion of the Board, take the form of written, drawing, or oral tests or an examination of buildings erected by the applicant or photographs, drawings, and specifications of the buildings. After June 30, 1993, applicants not passing all divisions of the examination retain credit for those divisions passed for four years from the date of the examination, after which time, those divisions must be retaken. The minimum qualifications for registration are as follows:
(1) Education, the completion of a standard fourteen-unit high school course or the equivalent of the course and courses in mathematics, natural science, history, and language as the Board may prescribe. After June 30, 1993, attainment of a National Architectural Accrediting Board accredited professional degree in architecture iq required;
(2) Experience, eight years in the employ of a registered practicing architect, covering drafting, designing, computing, estimating, specifications, and review of construction or other comparable experience as the Board, by regulation, may prescribe. Full graduation from a National Architectural Accrediting Board accredited school of architecture A professional degree is regarded as equivalent to five years of the required eight years' experience. After June 30, 1993, only three years in the employ of a registered practicing architect covering the subject areas in this item is required based on attainment of the accredited architectural degree applicants are required to follow the National Council of Architectural Registration Boards Intern-Architect Development Program adopted by the Board by regulation in order to satisfy experience requirements. Changes in the program subsequently adopted by the Board shall not effect those persons currently enrolled in a previously adopted IDP program.;
(3) Attainments, a sound working knowledge of architectural design, planning, materials, construction, sanitation, mechanical equipment, costs, business administration, building law, and professional practice and ethics.;
(4) Once an applicant has qualified to take the Architect Registration Examination the applicant shall not lose their eligibility because of subsequent changes in the experience requirements.
Any person who is shown upon examination to meet these requirements to the reasonable satisfaction of the Board is entitled to a certificate of registration unless he has been convicted of a felony; misstated or misrepresented any fact in connection with the application; violated any of the rules of registrant conduct set forth in the law or regulations; or practiced architecture without being registered. If the applicant has committed any of the foregoing acts, the Board may register the applicant on the basis of suitable evidence of reform."
SECTION 3. Section 40-3-80 of the 1976 Code is amended to read:
"Section 40-3-80. Every applicant applying for registration in this State shall pay to the Board the sum of forty a nonrefundable sum, as determined by the Board, not to exceed one hundred dollars, and no applicant may be considered until the fee has been paid. Applicants approved for examination shall pay to the Board, prior to being examined, a sum commensurate with the cost of administering the examination, as determined by the Board, not to exceed five hundred dollars."
SECTION 4. Section 40-3-90 of the 1976 Code is amended to read:
"Section 40-3-90. Every architect, architectural firm, architectural corporation, architectural professional association, and architectural partnership continuing to practice in this State shall pay to the Board each year according to the dates established by the Board a fee not to exceed one hundred dollars as determined by the Board and upon failure to do so shall have their certificate to practice revoked. The certificate may, however, be renewed at any time within one year from the date of expiration upon payment of the fee and a fine penalty of ten twenty-five dollars during the first thirty days and an additional one hundred dollars thereafter during the first year.
SECTION 5. Section 40-3-110 of the 1976 Code is amended to read:
"Section 40-3-110. Every architect, or architectural firm, architectural corporation, architectural professional association, or architectural partnership practicing in this State shall have a seal, the impression of which shall contain the name of the architect, his the place of business, and the words 'Registered Architect, State of South Carolina' with which he they shall stamp all drawings, prints, and specifications for use in his their profession.
The seal of the individual architect in responsible charge, as well as the seal of the firm, corporation, professional association, or partnership must appear on each print of the final drawings and the title page of each set of specifications, original drawings or prints. The required seal identification may be a rubber stamp impression placed on original drawings and specification copy. The architect in responsible charge shall affix his signature over his seal."
SECTION 6. Section 40-3-120 of the 1976 Code is amended to read:
"Section 40-3-120. The Board may suspend for a period or revoke the certificate of admission to practice and forbid further practice by any architect who is found guilty by the Board, after a fair and impartial trail, of any dishonest practice, unprofessional conduct, or incompetence. For the purpose of the fair and impartial trial, the Board may subpoena and examine witnesses under oath, as to the facts of the case. Any architect against whom charges are preferred shall have not less than sixty days' notice before the trial of his case and has the right (a) to have witnesses subpoenaed in his behalf and (b) to be heard in person and by counsel. Any trial is open to the public. Any architect convicted before the Board may appeal to the court of common pleas of the county in which the trial was held.
Whenever the Board has reason to believe that any registrant has become unfit to practice architecture or has violated. any of the provisions of this chapter or regulation of the Board or, whenever a written complaint charging the holder of a registration certificate with the violation of any provision of this chapter is filed with the Board, the Board shall initiate an investigation within thirty days. If after investigation it appears that probable cause exists for a hearing, a time and place must be set by the Board for a hearing to determine whether or not the registration must be suspended or revoked or other disciplinary action taken. No action may be taken by the Board until the registrant has been furnished with a statement of the charges against him and by whom he is charged and the names and addresses of all witnesses against him and a notice of the time and place of the hearing on the charges at least ninety days prior to the date of the hearing. The notice and statement of charges must be sent to the accused by certified mail return receipt requested at his last known place of residence. The accused may appear and show cause why his registration should not be suspended or revoked or other disciplinary action taken. The accused has the right (a) to be confronted with and to cross-examine the witnesses against him, (b) to have witnesses subpoenaed in his behalf and (c) to be heard in person and by counsel. Any hearing is open to the public. A stenographic record of each proceeding to revoke, suspend, or otherwise restrict or penalize a registrant must be made at the expense of the Board.
If a majority of the Board is satisfied that the registrant is guilty of any offense charged in the formal accusation provided for in this chapter, it shall revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the Board. The Board may also impose restraint upon the registrant as circumstances warrant until the registrant demonstrates to the Board adequate professional competence. The Board may also impose a civil penalty of up to two thousand dollars for each violation of the provisions of this chapter or the regulations promulgated by the Board, but the total of the penalties imposed for these violations may not exceed ten thousand dollars. In all cases where disciplinary action is taken by the Board, written notice of the action must then be sent by certified mail return receipt requested by the secretary of the Board to the accused at his last known address, as provided to the Board.
Any final order of the Board finding that a registrant is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order.
Any decision by the Board to revoke, suspend, or otherwise restrict the architect's registration or impose a civil penalty must be by majority vote and is subject to review in accordance with the Administrative Procedures Act (Act 176 of 1977)(Sections 1-23-10 et seq.)."
SECTION 7. Chapter 3 of Title 40 of the 1976 Code is amended by adding:
"Section 40-3-180. It is the duty of the building official or other authority charged with the responsibility of issuing building or other similar permits of any county, municipality, or other subdivision, before issuing the permit, to verify that the architect who sealed the architectural plans and specifications is an architect registered in South Carolina. This section does not apply to buildings or structures containing less than six thousand square feet of total floor area except buildings of institutional, educational, and hazardous occupancies as defined by the Standard Building Code, regardless of area, nor to any other exclusions provided in Section 40-3-160."
SECTION 8. Section 40-3-100 of the 1976 Code is amended to read:
"Section 40-3-100. A firm, corporation, professional association, or partnership may practice architecture in this State provided the persons connected with the firm, corporation, professional association, or partnership and in responsible charge and provided only those persons assume the title of architect or are held out to the public as architects.
(a) The right to engage in the practice of architecture is a personal right, based upon the qualifications of the individual evidenced by his registration certificate. The registration is not transferable.
(b) Nothing in subsection (a) of this Section shall be construed to prevent the formation of partnerships, corporations or professional associations as a vehicle for the practice of architecture subject to the following conditions:
(1) The practice of or offer to practice architecture for others as defined in Section 40-3-10 by individual architects registered under this chapter through a corporation as officer, employees or agents, or through a partnership or professional association as partners, associates, officers, employees or agents, or the offering or rendering of architectural services by corporation, partnership or professional association through individual architects registered under this chapter is permitted, subject to the provisions of this chapter; provided, that (i) one or more of the corporate officers in the case of a corporation, or one or more of the partners or associates in the case of a partnership or professional association, are designated as being responsible for the professional services described in Section 40-3-10 of the corporation, partnership or professional association and are architects under this chapter; and (ii) all personnel of the corporation, partnership or professional association, who act in its behalf as architects, are registered under this chapter; and (iii) the corporation, partnership or professional association has been issued a certificate of authorization by the Board, as hereinafter provided.
(2) A corporation, partnership or professional association desiring a certificate of authorization shall file with the Board an application, on forms provided by the Board, listing relevant information, including the names and addresses of all officers and members of the corporation, or officers and partners of the partnership, or associates in the professional association and also of an individual or individuals duly registered to practice architecture in this State who shall be in responsible charge of the practice of architecture in this State through the corporation, partnership or professional association, and other information required by the Board accompanied by an original authorization fee to be determined by the Board not to exceed $100. A form, giving the same information, must accompany the annual renewal. In the event there should be a change in any of these persons during the year, such change shall be designated on the same form and filed with the Board within thirty days at the effective date of the change. If all of the requirements of this section are met, the Board shall issue a certificate of authorization to such corporation, partnership or professional association, and such corporation, partnership or professional association shall be authorized to contract for and to collect fees for architectural services."
SECTION 9. Chapter 3 of Title 40 of the 1976 Code is amended by adding:
"Section 40-3-125. After notice and hearing, as provided in Section 40-3-120, the Board may revoke or suspend the certificate of authorization of any corporation, partnership or professional association that is not in compliance with the provisions of Section 40-3-100. The Board may also impose a civil penalty of up to two thousand dollars for each violation of the provisions of this chapter or the regulations promulgated by the Board, but the total of the penalties for these violations may not exceed ten thousand dollars."
SECTION 10. This act takes effect upon approval by the Governor.
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. L. MARTIN having the floor.
Rep. L. MARTIN moved that the House recur to the morning hour, which was agreed to.
Rep. DERRICK, from the Lexington Delegation, submitted a favorable report, on:
H. 3916 -- Reps. Derrick and Sturkie: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS OF LEXINGTON COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION BEGINNING IN 1990, PROVIDE THE MANNER OF ELECTION, AND EXTEND THE TERMS OF THE PRESENT MEMBERS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3946 -- Reps. Snow, G. Bailey, Beasley, Carnell, Corning, Edwards, Felder, P. Harris, Harvin, Klapman, L. Martin, Mattos, McAbee, McTeer, Rhoad, Rice, Stoddard, Simpson, Tucker, Waldrop, Winstead, M. Alexander, T. Alexander, Aydlette, Baker, Baxley, Bennett, T.M. Burriss, Chamblee, Dangerfield, Elliott, Gregory, Hendricks, J.C. Johnson, Pearce, Pettigrew, T. Rogers, Taylor, Thrailkill, Townsend and Wilkins: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, APRIL 6, 1988, AS THOMAS GREEN CLEMSON DAY AT THE STATE HOUSE AND TO AUTHORIZE AN APPROPRIATE CEREMONY TO BE CONDUCTED IN THE LOBBY OF THE STATE HOUSE MARKING THE OCCASION PLANNED BY THE SONS AND DAUGHTERS OF CLEMSON UNIVERSITY.
Whereas, Thomas Green Clemson, a Pennsylvania native, educated in Vermont and France, married Anna Maria Calhoun, daughter of South Carolina statesman John Caldwell Calhoun; and
Whereas, the first United States Superintendent of Agriculture, Thomas Green Clemson settled in South Carolina and lived at Fort Hill Plantation until his death; and
Whereas, Thomas Green Clemson willed Fort Hill Plantation and his fortune to the people of South Carolina; and
Whereas, Thomas Green Clemson died April 6, 1888, and that date is commemorated by Clemson University as Founder's Day; and
Whereas, April 6, 1988, will mark the 100th anniversary of that Founder's Day and will open an eighteen-month centennial observance for Clemson University; and
Whereas, Clemson University has served this great State as its Land Grant Institution in educating the people of South Carolina; and
Whereas, the legislature extends its heartfelt congratulations to the students, faculty, alumni, and staff of Clemson University upon the occasion of this important milestone. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly designate Wednesday, April 6, 1988, as Thomas Green Clemson Day at the State House and authorize an appropriate ceremony to be conducted in the lobby of the State House marking the occasion planned by the sons and daughters of Clemson University.
Be it further resolved that a copy of this resolution be forwarded to the President of Clemson University.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 3947 -- Reps. Mattos, T. Rogers, Blackwell, Haskins, M.O. Alexander, Fair, Petty, Cooper, Foxworth, Rice, Clyborne, Derrick, Baker, L. Phillips, Cork, Klapman, P. Harris, Barfield, Washington, Dangerfield, Helmly, Hendricks, Pearce, H. Brown, Altman, O. Phillips, Day and D. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-75 SO AS TO PROVIDE FOR A CIVIL REMEDY FOR THE DRAWING AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER.
Referred to Committee on Judiciary.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. L. MARTIN having the floor.
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.
Debate was resumed on Amendment No. 1 by the Committee on Labor, Commerce and Industry.
Rep. L. MARTIN explained the amendment.
Rep. HASKINS 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 Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
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".
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.
H. 3926 -- Rep. Short: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE PALMETTO COUNCIL, INC.
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".
Rep. O. PHILLIPS explained the Bill.
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.
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, it was ordered that S. 679 be read the third time tomorrow.
On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 972 be read the third time tomorrow.
On motion of Rep. SHORT, with unanimous consent it was ordered that H. 3926 be read the third time tomorrow.
On motion of Rep. O. PHILLIPS, with unanimous consent, it was ordered that H. 3598 be read the third time tomorrow.
Rep. T. ROGERS asked unanimous consent that S 1195 be read a third time tomorrow Rep. KLAPMAN objected.
On motion of Rep. BAKER, with unanimous consent, it was ordered that H. 3901 be read the third time tomorrow.
The following Bill was taken up.
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.
Rep. L. MARTIN explained the Bill.
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. 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.
Rep. L. MARTIN explained the Bill.
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. 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.
Rep. DANGERFIELD 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. 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.
Rep. O. PHILLIPS 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. 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.
Rep. McLELLAN explained the Bill.
Rep. T. ROGERS 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. 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.
Reps. J. BRADLEY and HUFF proposed the following Amendment No. 1 (Doc. No. 2378J), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ____. Item (14) of Section 38-77-30 of the 1976 Code is deleted./
Renumber sections to conform.
Amend title to conform.
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. J. BRADLEY, with unanimous consent, it was ordered that S. 1217 be read the third time tomorrow.
Rep. SIMPSON withdrew his objection to H. 2197 however, other objections remained upon the Bill.
Upon the withdrawal of objections by Reps. SHARPE and KLAPMAN 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. LOCKEMY moved to adjourn debate upon the Bill until Tuesday, March 22, which was adopted.
Rep. CHAMBLEE withdrew his objection to H. 2197 however, other objections remained upon the Bill.
On motion of Rep. KLAPMAN, with unanimous consent, it was ordered that S. 1195 be read the third time tomorrow.
Rep. SIMPSON asked unanimous consent to recall H. 2051 from the Committee on Agriculture and Natural Resources.
Rep. FOXWORTH objected.
Reps. SNOW and J. ROGERS, with unanimous consent, made a statement relative to a Report from Parks, Recreation and Tourism.
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. HASKINS 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. 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 proposed the following Amendment No. 1 (Doc. No. 2340J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect July 1, 1988./
Amend title to conform.
Rep. WHITE 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 Amendments to the following Bill were taken up for consideration.
S. 97 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-150 SO AS TO PROVIDE THAT NO CIVIL ACTION MAY BE BROUGHT IN THIS STATE FOR THE TORTS OF CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS; AND TO AMEND SECTION 15-3-530, RELATING TO ACTIONS INCLUDED IN THE SIX-YEAR PERIOD PRESCRIBED FOR THE COMMENCEMENT OF ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY, AND SECTION 15-37-50, RELATING TO LIMITATION ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO DELETE THE REFERENCES TO CRIMINAL CONVERSATION.
Rep. WILKINS 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. 2955 -- Reps. Hodges and Baxley: A BILL TO PROVIDE THAT IN CIVIL ACTIONS PROOF OF SERVICE BY PUBLICATION MAY BE MADE BY THE AFFIDAVIT OF A SOUTH CAROLINA NOTARY PUBLIC THAT THE APPROPRIATE NOTICE HAS BEEN PRINTED OR PUBLISHED.
Rep. WILKINS 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 following Concurrent Resolution was taken up.
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.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives at 12:00 noon, Wednesday, March 30, 1988, for the purpose of electing 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.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. T. ROGERS.
Rep. T. ROGERS moved that the House do now adjourn, which was adopted.
Rep. KLAPMAN demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 48 to 33.
The Senate returned to the House with concurrence the following:
H. 3678 -- Rep. J. Bradley: A CONCURRENT RESOLUTION TO INVITE THE PRESIDENT AND MRS. RONALD W. REAGAN TO ATTEND THE BALL TO BE HELD IN CHARLESTON ON MAY 21, 1988, IN CELEBRATION OF THE BICENTENNIAL OF THE RATIFICATION OF THE UNITED STATES CONSTITUTION BY THE STATE OF SOUTH CAROLINA, AND TO INVITE PRESIDENT REAGAN TO ADDRESS THE JOINT SESSION OF THE SOUTH CAROLINA GENERAL ASSEMBLY WHICH WILL ASSEMBLE IN THE OLD EXCHANGE BUILDING IN CHARLESTON ON MAY 23, 1988, FOR THE PURPOSE OF MEMORIALIZING SOUTH CAROLINA'S RATIFICATION OF THE CONSTITUTION.
H. 3870 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE JOHN P. (JAKE) COMER, OF MASSACHUSETTS, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12: 00 NOON ON WEDNESDAY, MARCH 23, 1988.
H. 3907 -- Reps. Wilkins, Sheheen, Gentry, D. Martin, Arthur, Baxley, H. Brown, Clyborne, Cole, Corning, Ferguson, Gregory, Haskins, Hayes, Hendricks, Huff, Limehouse, McEachin, McElveen, Nettles, Rudnick, Short, Tucker, Wilder, Burch, Hodges and Keyserling: A CONCURRENT RESOLUTION TO PROCLAIM MARCH 16, 1988, AS FREEDOM OF INFORMATION ACT DAY IN SOUTH CAROLINA, TO CALL FOR APPROPRIATE OBSERVANCE OF THE DAY, AND TO POINT OUT THE CONTRIBUTIONS OF THE SOUTH CAROLINA STATE LIBRARY TO AN INFORMED CITIZENRY.
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.
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.
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.
H. 3938 -- Reps. Edwards and Cole: A CONCURRENT RESOLUTION RECOGNIZING THE ATHLETIC ABILITY AND TALENT OF MISS ANGEL HENDERSON OF SPARTANBURG COUNTY AND COMMENDING HER FOR HER SUCCESS AND MANY, ACCOMPLISHMENTS.
H. 3939 -- Rep. Edwards: A CONCURRENT RESOLUTION TO CONGRATULATE THE FACULTY, STAFF, STUDENTS, AND FRIENDS OF PINE STREET ELEMENTARY SCHOOL IN SPARTANBURG, UPON ITS RECEIPT OF THE "PALMETTO'S FINEST" AWARD FROM THE SOUTH CAROLINA ASSOCIATION OF ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS.
At 11:22 A.M. the House in accordance with the motion of Rep. T. ROGERS adjourned to meet at 10:00 A.M. tomorrow.
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