Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
"O God of our lives, we thank You for Your care day and night, for work and for rest, for sorrow and for joy, for laughter and for tears, for silence and for song, for every experience by which we are taught and by which life is enriched. Remain constant with us that we be not weary or discouraged and leave work poorly done or half completed. Grant us the wisdom to find right solutions to our challenges and to do our tasks according to Your wishes. And when the day ends, may we have no regrets with hearts at peace with our God and with one another.
In Your Holy Name we pray.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received from the Senate.
Columbia, S.C., March 22, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1100:
S. 1100 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.
and asks for a Committee of Conference and has appointed Senators Applegate, McConnell and Setzler of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 53
Whereupon, the Chair appointed Reps. AYDLETTE, J. BRADLEY and MAPPUS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., March 22, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2148:
H. 2148 -- Rep. Harvin: A BILL TO PROVIDE FOR A PRISONER OF WAR COMMISSION ATTACHED TO THE DEPARTMENT OF VETERANS' AFFAIRS FOR LOGISTICS AND STAFF ONLY AND TO DEFINE ITS POWERS AND DUTIES.
and asks for a Committee of Conference and has appointed Senators Powell, Patterson and Stilwell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 54
Whereupon, the Chair appointed Reps. HARVIN, RUDNICK and DAY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. SNOW, from the Williamsburg Delegation, submitted a favorable report, on:
S. 1313 -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO PROVIDE A METHOD FOR FILLING A VACANCY ON THE BOARD WHEN IT OCCURS LESS THAN ONE HUNDRED EIGHTY DAYS BEFORE THE NEXT GENERAL ELECTION.
On motion of Rep. SNOW, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1313 -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO PROVIDE A METHOD FOR FILLING A VACANCY ON THE BOARD WHEN IT OCCURS LESS THAN ONE HUNDRED EIGHTY DAYS BEFORE THE NEXT GENERAL ELECTION.
The Bill was read the second time and ordered to third reading.
The following was introduced:
H. 4022 -- Reps. E.P. McLeod, Blanding, McElveen, Baxley and G. Brown: A HOUSE RESOLUTION INVITING THE PALMETTO ASSOCIATION OF INDEPENDENT SCHOOLS CHAMPION WILSON HALL SCHOOL BARONS FOOTBALL TEAM AND ITS COACHES TO VISIT AND BE COMMENDED FOR ITS ACCOMPLISHMENTS IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:00 A.M. ON WEDNESDAY, APRIL 6, 1988.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4023 -- Rep. E.B. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-165 SO AS TO REQUIRE THE SOUTH CAROLINA REAL ESTATE COMMISSION TO FORWARD TO THE STATE LAW ENFORCEMENT DIVISION CERTAIN INFORMATION REGARDING EVERY PERSON APPLYING FOR LICENSURE AS A REAL ESTATE BROKER, COUNSELOR, REAL ESTATE SALESMAN, APPRAISER, PROPERTY MANAGER, OR REAL ESTATE AUCTIONEER OR APPLYING FOR THE RENEWAL OF SUCH LICENSURE, TO REQUIRE THE DIVISION TO CONDUCT A CRIMINAL BACKGROUND CHECK WITH RESPECT TO EVERY SUCH APPLICANT, TO DENY LICENSURE OR THE RENEWAL OF LICENSURE TO THE APPLICANT IF HIS CRIMINAL BACKGROUND CHECK INDICATES A FELONY CONVICTION, TO PROVIDE FOR THE COST AND PAYMENT OF THE CRIMINAL BACKGROUND CHECK, AND TO PROVIDE THAT THE REQUIREMENTS IMPOSED BY THIS SECTION ON THESE APPLICANTS ARE IN ADDITION TO ALL OTHER REQUIREMENTS, CONDITIONS, OR QUALIFICATIONS IMPOSED BY ANY OTHER PROVISION OF LAW.
Referred to Committee on Labor, Commerce and Industry;
H. 4024 -- Rep. E.B. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-185 SO AS TO REQUIRE THE SOUTH CAROLINA REAL ESTATE COMMISSION TO FORWARD TO THE STATE LAW ENFORCEMENT DIVISION CERTAIN INFORMATION REGARDING ANY PERSON SEEKING THE ISSUANCE OF A VACATION TIME SHARING SALES LICENSE, OR THE RENEWAL OF SUCH A LICENSE, OR THE ISSUANCE OF A TEMPORARY VACATION TIME SHARING SALES LICENSE, TO REQUIRE THE DIVISION TO CONDUCT A CRIMINAL BACKGROUND CHECK WITH RESPECT TO EVERY SUCH PERSON, TO DENY LICENSURE OR THE RENEWAL OF LICENSURE TO THE PERSON IF HIS CRIMINAL BACKGROUND CHECK INDICATES A FELONY CONVICTION, TO PROVIDE FOR THE COST AND PAYMENT OF THE CRIMINAL BACKGROUND CHECK, AND TO PROVIDE THAT THE REQUIREMENTS IMPOSED BY THIS SECTION ON SUCH PERSONS ARE IN ADDITION TO ALL OTHER REQUIREMENTS, CONDITIONS, OR QUALIFICATIONS IMPOSED BY ANY OTHER PROVISION OF LAW.
Referred to Committee on Labor, Commerce and Industry.
H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.
Referred to Committee on Ways and Means.
H. 4026 -- Reps. Rudnick, Short, Burch, White and Gregory: A BILL TO AMEND SECTION 20-7-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF PERSONS WHO CONDUCT ADOPTION INVESTIGATIONS AND CERTIFICATION OF PERSONS WHO OBTAIN ADOPTION CONSENTS OR RELINQUISHMENTS, SO AS TO PROVIDE THAT CERTAIN DEPARTMENT OF SOCIAL SERVICES EMPLOYEES MAY ALSO CONDUCT ADOPTION INVESTIGATIONS, TO PROVIDE THE FEE FOR THESE INVESTIGATIONS CONDUCTED BY DEPARTMENT EMPLOYEES, AND TO CHANGE CERTAIN REFERENCES IN THE SECTION FROM THE CHILDREN'S BUREAU TO THE DEPARTMENT OF SOCIAL SERVICES.
Referred to Committee on Judiciary.
S. 1193 -- Senator Land: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF ELECTRICITY USED EXCLUSIVELY IN POULTRY PRODUCTION.
Rep. McLELLAN raised the Point of Order that S. 1193 was out of order as it raised revenue in violation of the Constitutional provision that such Bills must arise in the House.
The SPEAKER sustained the Point of Order and ordered the Bill returned to the Senate with a message that the House refused to accept the Bill.
S. 1282 -- Senators Doar, Garrison and Horace C. Smith: A BILL TO AMEND SECTIONS 46-10-120 AND 46-10-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOLL WEEVIL ERADICATION, SO AS TO DELETE REQUIREMENTS FOR ADDITIONAL REFERENDA, TO PROVIDE FOR AN ASSESSMENT OF TEN DOLLARS AN ACRE FOR THE ERADICATION PROGRAM, AND TO PROVIDE FOR CHANGES IN THE ASSESSMENT AND THE DURATION OF THE PROGRAM.
Referred to Committee on Agriculture and Natural Resources.
S. 1320 -- Labor, Commerce and Industry 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.
Referred to Committee on Agriculture and Natural Resources.
S. 1321 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO ELEVATOR SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 931, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1322 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO AMUSEMENT RIDES SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 932, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1323 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO FIRE SAFETY: EXISTING LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 930, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1324 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO FIRE SAFETY: CONSTRUCTION AND OPERATION OF LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1325 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, 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.
Referred to Committee on Labor, Commerce and Industry.
S. 1326 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO THE BOARD AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1327 -- Labor, Commerce and Industry 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.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 172 -- Senator Powell: A BILL TO PROVIDE THAT REGULATIONS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT ARE VOID ON MAY 15, 1988, UNLESS APPROVED BY THE GENERAL ASSEMBLY PRIOR TO THAT DATE AND TO PROVIDE THAT REGULATIONS BECOMING EFFECTIVE WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY ARE VOID AFTER SINE DIE ADJOURNMENT OF THE GENERAL ASSEMBLY IN THE SECOND YEAR FOLLOWING THEIR EFFECTIVE DATE UNLESS APPROVED BY THE GENERAL ASSEMBLY PRIOR TO ADJOURNMENT.
Referred to Committee on Judiciary.
S. 944 -- Senators Waddell, Leatherman, Lourie, Hayes and Giese: A BILL TO AMEND CHAPTER 51 OF TITLE 12 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF PROPERTY TAXES, BY ADDING SECTIONS 12-51-15, 12-51-180, 12-51-190, 12-51-200, 12-51-210, 12-51-220, 12-51-230, 12-51-240, 12-51-250, 12-51-260, 12-51-270, 12-51-280, AND 12-51-290 SO AS TO PROVIDE DEFINITIONS, TO AUTHORIZE THE DELINQUENT TAX COLLECTOR TO EMPLOY OR APPOINT OTHERS TO ASSIST IN THE COLLECTION OF TAXES, TO PROVIDE A FORM FOR TAX EXECUTIONS, TO DEFINE THE DUTIES OF THE DELINQUENT TAX COLLECTOR, TO AUTHORIZE THE SALE OF REAL OR PERSONAL PROPERTY WITHOUT REFERRING TO HEIRS, THE ESTATE, OR SUCCESSORS OF A DECEASED TAXPAYER OR A TAXPAYER NO LONGER IN EXISTENCE, TO ALLOW A DEFAULTING TAXPAYER TO HAVE THE TAX SALE SUSPENDED IF HE OFFERS SATISFACTORY EVIDENCE THAT HE HAS PAID THE TAXES OR THAT THE TAXES HAVE BEEN IMPROPERLY ASSESSED AND WITHIN TWENTY DAYS TAKES ACTION PROVIDED BY LAW TO CORRECT THE ASSESSMENT AND PROSECUTE THE ACTION TO A SUCCESSFUL CONCLUSION, PROVIDE FOR CASES WHERE BIDS AT A TAX SALE DO NOT EQUAL TAXES, ASSESSMENTS, PENALTIES, AND COSTS, AND TO ESTABLISH A FIRST LIEN IN FAVOR OF A TAX SALE PURCHASER FOR THE PURCHASE PRICE AND THE VALUE OF IMPROVEMENTS IF THE PURCHASER IS DISPOSSESSED BECAUSE OF A DEFECTIVE TITLE; TO AMEND SECTION 12-47-70, RELATING TO ABATEMENT OR REFUND OF INCORRECT PROPERTY TAXES, SO AS TO INCREASE TO FIVE YEARS THE PERIOD DURING WHICH A CLAIM FOR ABATEMENT OR REFUND MAY BE MADE; TO AMEND SECTION 12-51-40, RELATING TO THE DUTIES OF THE DELINQUENT TAX COLLECTOR, SO AS TO REQUIRE PAYMENT OF DELINQUENT TAXES BY THE CLOSE OF BUSINESS ON THE LAST BUSINESS DAY BEFORE THE DAY OF THE SALE; TO AMEND SECTIONS 12-51-50 AND 12-51-60, RELATING TO THE DUTIES OF THE DELINQUENT TAX COLLECTOR WITH RESPECT TO TAX SALES, SO AS TO MAKE GRAMMATICAL CHANGES AND DELETE UNNECESSARY LANGUAGE; TO AMEND SECTION 12-51-70, RELATING TO DEFAULTING BIDDERS AT TAX SALES, SO AS TO PROVIDE THAT A DEFAULTING BIDDER IS LIABLE FOR THE COSTS OF ADVERTISING THE PROPERTY AND A PENALTY EQUAL TO TEN PERCENT OF THE BID AND TO MAKE THE AMOUNT OF THE COSTS AND PENALTY A FIRST LIEN ON ALL PROPERTY OF THE DEFAULTING BIDDER; TO AMEND SECTION 12-51-80, RELATING TO THE DUTIES OF THE TREASURER WITH RESPECT TO THE PROCEEDS OF TAX SALES, SO AS TO REQUIRE THE TREASURER TO INVEST THE PROCEEDS UNTIL CLAIMED AND DISTRIBUTED; TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION OF PROPERTY, SO AS TO PROVIDE FOR PROOF OF PAYMENTS WHEN THE TAX SALE RECEIPT IS LOST OR DESTROYED; TO AMEND SECTION 12-51-170, RELATING TO CONTRACTING FOR THE COLLECTION OF MUNICIPAL TAXES, SO AS TO CONFORM THE LANGUAGE TO OTHER PROVISIONS OF THIS ACT; TO REDESIGNATE SECTION 12-45-70, RELATING TO PROPERTY TAX DUE DATES, AS SECTION 12-51-25 AND INCORPORATE IN IT THE DEFINITIONS ADDED BY THIS ACT, AND TO REDESIGNATE SECTION 12-45-180, RELATING TO PENALTIES, AS SECTION 12-51-35, AND TO PROVIDE FOR ALTERNATE DUE DATES WHEN DUE DATES FALL,ON HOLIDAYS OR WEEKENDS.
Referred to Committee on Ways and Means.
S. 1149 -- Senator McConnell: A BILL TO AMEND SECTION 17-15-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS WHEN A RECOGNIZANCE IS FORFEITED, SO AS TO AUTHORIZE MAGISTRATES TO CONFIRM JUDGMENTS OF TWO HUNDRED EIGHTEEN DOLLARS OR LESS FOR A FORFEITED RECOGNIZANCE.
Referred to Committee on Judiciary.
S. 982 -- Senator Powell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ALL REAL PROPERTY OF PUBLIC LIBRARIES, CHURCHES, PARSONAGES, BURYING GROUNDS, AND CHARITABLE TRUSTS AND FOUNDATIONS USED EXCLUSIVELY FOR CHARITABLE AND PUBLIC PURPOSES NOT OTHERWISE EXEMPT IF NO PROFIT OR BENEFIT FROM ANY OPERATION ON THE REAL PROPERTY INURES TO THE BENEFIT OF ANY PRIVATE STOCKHOLDER OR INDIVIDUAL.
Referred to Committee on Ways and Means.
The following was introduced:
H. 4027 -- Reps. McLeod, Blanding, McElveen, G. Brown and Baxley: A HOUSE RESOLUTION TO REQUEST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCLUDE AS A CONDITION OF A PERMIT ISSUED TO A COMMERCIAL HAZARDOUS WASTE LANDFILL THAT THE TONNAGE MUST BE ESTABLISHED AS THE AMOUNT OF HAZARDOUS WASTE THE LANDFILL MAY LEGALLY ACCEPT DURING THE PERIOD OF THE PERMIT.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1348 -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE BASKETBALL TEAM OF CAMBRIDGE ACADEMY OF GREENWOOD COUNTY FOR ITS OUTSTANDING SEASON WHICH INCLUDES WINNING THE CONFERENCE AND CLASS A STATE CHAMPIONSHIPS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1349 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE CAMBRIDGE ACADEMY SOCCER TEAM OF GREENWOOD COUNTY FOR WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS III-A CONFERENCE AND THE STATE CLASS A CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
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 Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Dangerfield Davenport Day Edwards Elliott Faber Fair Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Huff Humphries Kay Keyserling Kirsh Klapman Kohn Lockemy Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Sharpe Sheheen Shelton Simpson Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on March 23, 1988.
Dave Waldrop James C. Johnson Jennings G. McAbee Steve Lanford D.N. Holt, Jr. Paul Derrick Larry Blanding R.S. Corning William H. Jones James W. Johnson, Jr. John Felder Irene Rudnick Paul Short Larry Koon Philip T. Bradley Larry Gentry
Reps. EDWARDS and STURKIE 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 10, 1988.
Reps. McELVEEN and SHARPE 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 17, 1988.
The SPEAKER granted Rep. RUDNICK a temporary leave of absence.
The SPEAKER granted Rep. J.H. BURRISS a leave of absence for the day.
Reps. J. ROGERS, ARTHUR, McEACHIN and GENTRY were granted a Leave of the House due to a Judicial Screening Committee meeting.
Announcement was made that Dr. William P. Kay of Belton is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3881 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS FOR THE EXPENSES OF STATE GOVERNMENT SUPPLEMENTAL TO THOSE CONTAINED IN THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1988-89, TO IDENTIFY THE SOURCES OF FUNDS FOR THE SUPPLEMENTAL APPROPRIATIONS AND TO PROVIDE THAT 1987-88 FISCAL YEAR SURPLUS REVENUES MUST BE USED FIRST FOR THE APPROPRIATIONS IN THIS ACT; TO AMEND SECTIONS 12-35-880, 12-35-890, 12-35-900, AND 12-35-910 OF THE 1976 CODE, RELATING TO THE USE TAX, SO AS TO REQUIRE USE TAXES TO BE PAID AND USE TAX RETURNS TO BE FILED ON A MONTHLY RATHER THAN QUARTERLY BASIS AND TO PROVIDE THAT A MONTHLY RETURN IS CONSIDERED TIMELY FILED IF THE RETURN IS POSTMARKED ON OR BEFORE THE FILING DEADLINE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-915, SO AS TO PROVIDE THAT IF A TAXPAYER IS LIABLE FOR USE TAX NOT EXCEEDING ONE HUNDRED DOLLARS A MONTH, THE TAX COMMISSION MAY AUTHORIZE THE TAXPAYER TO FILE QUARTERLY USE TAX RETURNS AND MAKE QUARTERLY USE TAX PAYMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-125 SO AS TO PROVIDE FOR THE ORDER OF EXPENDITURE OF FUNDS BY STATE AGENCIES AND TO PROVIDE FOR THE ENFORCEMENT OF THE REQUIREMENT AND THE REPORTING OF AVAILABLE FUNDS; AND TO REPEAL CHAPTER 47, TITLE 46, OF THE 1976 CODE, "THE SOUTH CAROLINA STATE FAMILY FARM DEVELOPMENT AUTHORITY ACT", AND TO TRANSFER FUNDS HELD BY THE SOUTH CAROLINA CREDIT UNION LEAGUE PENDING THE CHARTER FOR THE CREDIT UNION OF THE FAMILY FARM DEVELOPMENT AUTHORITY, WHICH WAS NEVER GRANTED, TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE.
H. 3882 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1987-88.
H. 2752 -- Judiciary Committee: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION, SO AS TO INCREASE THE LIMIT FROM ONE THOUSAND DOLLARS TO TWO THOUSAND FIVE HUNDRED DOLLARS.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4012 -- Reps. J.W. McLeod, Gilbert, McEachin, Nettles and McKay: A BILL TO AMEND ACT 1817 OF 1972, RELATING TO THE FLORENCE COUNTY FIRE DISTRICT, SO AS TO PROVIDE THAT AMONG THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL TWO MEMBERS FROM EACH REPRESENTED FIRE DEPARTMENT MUST BE APPOINTED INSTEAD OF FROM EACH SUBDISTRICT.
H. 4019 -- Reps. Kay, Carnell and Townsend: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT NO. 60 TO ISSUE AND SELL A GENERAL OBLIGATION BOND OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BOND MUST BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MUST BE EXPENDED; AND TO PROVIDE FOR THE PAYMENT OF THE BOND.
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. KAY, with unanimous consent, it was ordered that H. 4019 be read the third time tomorrow.
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. KIRSH asked unanimous consent to amend the Bill on third reading.
Rep. HUFF objected.
Reps. J. BRADLEY and KLAPMAN 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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 2376J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 15, Title 17 of the 1976 Code is amended by adding:
"Section 17-15-16. (A) No person convicted of first degree murder or felony murder 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, an employee of the Department of Corrections, an employee of any county or local detention facility, or a fireman, who is directly engaged in the enforcement of the law, fighting a fire, travelling to a fire or suspected crime when the crime is committed may be paroled from a sentence imposed by the circuit courts of this State.
(B) For the purpose of this section, 'directly engaged in the enforcement of the law includes those events which occur during prison or jail uprisings, or the taking of a hostage which results in the death of a hostage or the murder of someone because of their employment as a solicitor, or former solicitor, a peace officer, an employee of the Department of Parole and Community Corrections, an employee of the Department of Corrections, an employee of any county or local detention facility, a fireman, law enforcement officer, judicial officer, or former judicial officer."
SECTION 2. Article 7, Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-615. No person convicted of murdering 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, an employee of the Department of Corrections, an employee of any county or local detention facility, or a fireman, all while engaged in the performance of their duties, may be paroled."
SECTION 3. This act takes effect upon approval by the Governor./
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.
Rep. J. BRADLEY moved to adjourn debate upon the following Bill until Tuesday, March 29, 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.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 10, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. LOCKEMY 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. LOCKEMY, with unanimous consent, it was ordered that S. 315 be read the third time tomorrow.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, March 29, which was adopted.
S. 640 -- Senator Garrison: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR THE SCHEDULE FOR TAKING THE EXIT EXAMINATION AND TO PROVIDE FOR A SPECIAL DIPLOMA FOR HANDICAPPED STUDENTS.
The following Bill was taken up.
H. 3983 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 104 TO TITLE 59 SO AS TO PROVIDE INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE BY DETAILING THE GOALS OF THE COMMISSION ON HIGHER EDUCATION RELATING TO EXCELLENCE FOR STUDENTS, INSTRUCTION AND EDUCATIONAL SERVICES, RESEARCH FOR ECONOMIC DEVELOPMENT, AND IMPROVING ACCOUNTABILITY THROUGH PLANNING AND ASSESSMENT AND BY ADDING SECTION 59-112-65 SO AS TO PROVIDE FOR THE PAYMENT BY OUT-OF-STATE UNDERGRADUATE STUDENTS AT STATE SUPPORTED COLLEGES AND UNIVERSITIES OF THE EDUCATIONAL AND GENERAL OPERATIONS OF THE INSTITUTION IN WHICH THEY ARE ENROLLED; TO AMEND SECTION 59-103-10, RELATING TO THE MEMBERSHIP OF THE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE BASED UPON THE RECOMMENDATION OF THE, MAJORITY OF THE LEGISLATIVE DELEGATION MEMBERS FROM THE DISTRICT, PROVIDE THAT SIX MEMBERS MUST BE APPOINTED FROM THE STATE AT LARGE WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE FOR THE DETERMINATION OF WHEN A MEMBER HAS SERVED THE MAXIMUM NUMBER OF TERMS, REQUIRE MEMBERS RECOMMENDED BY THE GENERAL ASSEMBLY TO BE RESIDENTS OF THE APPROPRIATE CONGRESSIONAL DISTRICT, AND DELETE PROVISIONS RELATING TO REPRESENTATION ON THE COMMISSION AND NOTIFICATION OF MEETINGS; SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGETS TO THE COMMISSION BY PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REQUIRE THE BUDGETS TO INCLUDE FUNDS DERIVED FROM APPROVED PRIVATE PRACTICE PLANS, PROVIDE FOR PROGRAMS AT A TECHNICAL AND COMPREHENSIVE EDUCATION INSTITUTION NOT TO BE TERMINATED PURSUANT TO THE COMMISSION'S RECOMMENDATION WHICH IS THE SUBJECT OF AN APPEAL, AND DELETE THE PROVISIONS DETAILING TIME LIMITS ON FEDERAL GRANT REVIEW AND BUDGET REVIEW FORMAT REQUIREMENTS AND THE PROVISIONS REQUIRING GENERAL ASSEMBLY APPROVAL OF A NEW PROGRAM, LIMITING THE APPLICATION OF THE CHAPTER, AND LIMITING THE TERMINATION OF EXISTING PROGRAMS; AND SECTION 59-113-10, RELATING TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE, SO AS TO CHANGE THE REFERENCE TO COMMITTEE TO COMMISSION, PROVIDE FOR THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION ON HIGHER EDUCATION OR HIS DESIGNEE TO SERVE ON THIS COMMISSION, PROVIDE FOR THIS COMMISSION TO BE RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND REPORT AT LEAST ANNUALLY TO THAT BODY, AND DELETE THE PROVISIONS FOR THE INITIAL COMMITTEE MEMBERS; TO REPEAL SECTION 59-112-70, RELATING TO ABATEMENT OF RATES FOR NONRESIDENTS ON SCHOLARSHIP; TO PROVIDE FOR THE CONTINUED SERVICE OF THE PRESENT COMMISSION MEMBERS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE IN THE CODE TO THE HIGHER EDUCATION TUITION GRANT COMMISSION.
Rep. RUDNICK proposed the following Amendment No. 1 (Doc. No. 2782J).
Amend the bill, as and if amended, in subsection (B) of Section 59-104-10 of the 1976 Code as contained in SECTION 1 by inserting immediately after /Title 59/ on line 43 of page 3 the following /, and who are not foreign students/.
Amend title to conform.
Rep. KLAPMAN moved to adjourn debate upon the amendment, which was adopted.
Rep. BEASLEY proposed the following Amendment No. 2 (Doc. No. 2793J).
Amend the bill, as and if amended, by striking SECTION 2, page 3983-13, beginning on line 14, and inserting:
/SECTION 2. Chapter 112, Title 59 of the 1976 Code is amended by adding:
"Section 59-112-65. Beginning with the fall semester of the 1991-92 academic year, out-of-state undergraduate students at state-supported colleges and universities, except the technical colleges, shall pay at least seventy-five percent of the per student cost of the educational and general operations of the state-supported college or university in which the out-of-state undergraduate students are enrolled. The State Commission on Higher Education shall determine the per student cost of the educational and general operations for each state-supported college and university. The commission shall work with state-supported colleges and universities in developing schedules to increase student fees to the percent required by this section by the 1991-92 academic year.
The commission has the authority to modify the fees for out-of-state students as prescribed in this section, when the fee structure produces extreme hardship for programs of an institution or for the institution. If the hardship may be eliminated by modifying the fee structure only for a program rather than for the institution, the commission may modify the fee structure only for the program in which an extreme hardship results. The commission shall report annually to the General Assembly concerning any modification in fees authorized by the commission. The report py the commission must explain the reasons the commission approved the modification.
Out-of-state students are students who are not eligible for in-state rates for tuition and fees under this chapter."/
Amend title to conform.
Rep. BEASLEY explained the amendment.
Rep. WASHINGTON moved to adjourn debate upon the Bill until Tuesday, March 29, which was adopted.
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. STODDARD proposed the following Amendment No. 2 (Doc. No. 2536J), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ____. Section 23-31-330 of the 1976 Code is amended to read:
"Section 23-31-330. (A) Every person permitted by Section 23-31-320 to possess a machine gun, or sawed-off shotgun or sawed-off rifle, and any person elected to or appointed to any office or position which entitles such the person to possess a machine gun, or sawed-off shotgun or sawed-off rifle, upon taking office, shall file with the State Law Enforcement Division on a blank to be supplied by the Division on request therefor an application to be which is properly sworn. to which shall The application must be approved by the sheriff of the county in which the applicant besides or has his principal place of business and shall include the applicant's name, residence and business address, physical description, whether or not ever charged or convicted of any crime, municipal, state, or otherwise, and where, if so charged, and when the same it was disposed of. The applicant shall also give a description, including the serial number and make, of the machine gun, or sawed-off shotgun or sawed-off rifle, which he possesses or desires to possess. Thereupon, the The State Law Enforcement Division shall file such the application in its office., registering such The Division shall register the applicant together with the information required in the application in a book or index to be kept for that purpose, assign to him a number, and issue to him a card which shall bear the signature of the applicant and which he shall keep with him while he has such the machine gun or sawed-off shotgun or sawed-off rifle in his possession. Such This registration shall must be made on the date application is received and filed with the State Law Enforcement Division. and shall The registration expire expires on December thirty-first of the year in which the license is issued.
(B) No permit or registration required by the provisions of this section is required where weapons are possessed by a governmental entity which has a significant public safety responsibility for the protection of life or property."/
Renumber sections to conform.
Amend title to conform.
Rep. STODDARD explained the amendment.
The amendment was then adopted.
Rep. STODDARD proposed the following Amendment No. 3 (Doc. No. 2666J), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. Section 23-31-140 of the 1976 Code is amended to read:
"Section 23-31-140. (A) Prior to the purchase of a pistol, the purchaser shall complete an application in triplicate in the presence of the dealer. The application to be furnished by the Division must contain the applicant's (1) name; (2) residence and business address; (3) date and place of birth; (4) social security number; (5) South Carolina driver's license number or South Carolina Highway Department Identification Card Number; (6) physical description; (7) fingerprint card and photograph of applicant if applicant does not have items (4) and (5); (8) a signed sworn statement by the applicant that he is not within any classification set forth in items (a), (b), (c) or (d) of Section 16-23-30, and that he has not purchased a pistol within the previous thirty days; (9) the signatures of applicant and the dealer; (10) and such other personal identifying information as may be required by the Division.
(B) No person is allowed to purchase a pistol from a dealer unless he has fully completed the application.
(C) No person shall be is allowed to purchase more than one pistol on each application and no person shall be is allowed to purchase more than one pistol during each thirty-day period; provided, however,. However, a person whose pistol is stolen or irretrievably lost and who feels that it is essential that he immediately purchase a pistol may obtain a special permit which will enable him to purchase a pistol upon his sworn affidavit to the chief of police or his designated agent of the municipality in which the applicant resides or if the applicant resides outside the corporate limits of a municipality to the sheriff or his designated agent of the county in which the applicant resides citing these facts and reasons why he cannot wait for a thirty-day period to purchase a pistol. The special permit shall contain such information as required by the Division and must be on a form furnished by the Division. The issuing officer shall retain a copy of the permit and forward a copy to the Division.
(D) The provisions of subsection (C) do not apply to (1) a law enforcement agency, (2) an agency duly authorized to perform law enforcement duties, (3) county and municipal penal facilities and the state department of corrections, (4) a private security company licensed to do business within this State, or (5) or a person whose pistol is stolen or irretrievably lost and who feels that it is essential that he immediately purchase a pistol may obtain a special permit which will enable him to purchase a pistol upon his sworn affidavit to the chief of police, or his designated agent, of the municipality in which the applicant resides or if the applicant resides outside the corporate limits of a municipality, to the sheriff, or his designated agent, of the county in which the applicant resides. This affidavit must cite the facts and reasons why the applicant cannot wait for a thirty-day period to purchase a pistol. This special permit must contain such information as required by the Division and must be on a form furnished by the division. The issuing officer shall retain a copy of the permit and forward a copy to the division. The application must be signed by the dealer affecting the sale and must contain such information as may be required by the Division.
(E) A law enforcement agency or a private security company licensed under the provisions of Title 40, Chapter 17, may purchase more than one pistol during a thirty-day period as long as the following conditions are met:
(1) the pistols purchased are for use in this State;
(2) ownership of the pistols is retained by the law enforcement agency or licensed security company;
(3) multiple purchases under this provision must be made on a special application form to be provided by the Division;
(4) the multiple purchase form is signed by the chief of the law enforcement agency or the chief executive officer of the licensed private security company whose name appears on the company license;
(5) the number of pistols purchased may not exceed the number of security guards registered under the provisions of Title 40, Chapter 17, and employed in this State;
(6) a letter of authorization, in triplicate, signed by the agency director, company representative, or their designees, certifying the purchaser to be a representative of the agency or company with delegated authority to purchase pistols for the agency or company. The letter of authorization must contain such information as may be required by the Division.
(F) No person shall be is allowed to purchase a pistol from a dealer unless he is a resident of the State of South Carolina this State. For the purpose of this article, the possession of a valid South Carolina driver's license or South Carolina Highway Department Department of Highways and Public Transportation Identification Card constitutes proof of residency.
(G) Upon proper completion of the application the dealer shall submit the original application to the Division, retain a copy for his records, and give a copy to the applicant upon his purchase of a pistol. The application to be submitted to the Division must be accompanied by a firearm transaction record properly completed by the purchaser and the dealer."/
Renumber sections to conform.
Amend title to conform.
Rep. STODDARD explained the amendment.
The amendment was then adopted.
The motion of Rep. TAYLOR to reconsider the vote whereby Amendment No. 1 was adopted was taken up.
Rep. STODDARD moved to table the motion, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2610 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, SO AS TO REDUCE THE LIMITATION PERIOD FROM SIX YEARS TO THREE YEARS; TO AMEND SECTION 15-3-535, RELATING TO THE TIME WITHIN WHICH CERTAIN ACTIONS FOR CRIMINAL CONVERSATION AND THEIR ACTIONS MUST BE COMMENCED, SO AS TO REVISE THIS TIME; TO AMEND SECTION 15-3-545, RELATING TO THE STATUTE OF LIMITATIONS IN MALPRACTICE ACTIONS, SO AS TO PROVIDE A TOLLING PERIOD OF NOT MORE THAN SEVEN YEARS ON ACCOUNT OF MINORITY; TO AMEND THE 1976 CODE BY ADDING SECTION 15-33-125, SO AS TO PERMIT A NEW TRIAL LIMITED TO DAMAGES ONLY IN THOSE INSTANCES WHERE THE PLAINTIFF WAS ENTITLED TO A DIRECT VERDICT OF LIABILITY; BY ADDING SECTION 15-33-135, SO AS TO PROVIDE A DEFINITION OF PUNITIVE DAMAGES IN CIVIL ACTIONS; TO AMEND SECTION 15-1-300, RELATING TO CONTRIBUTORY NEGLIGENCE IN MOTOR VEHICLE ACCIDENT ACTIONS, SO AS TO BROADEN THE SECTION TO PROVIDE FOR THE GENERAL APPLICATION OF THE RULE OF COMPARATIVE NEGLIGENCE IN CERTAIN TORT ACTIONS, TO PROVIDE FOR JOINT AND SEVERAL LIABILITY OF JOINT TORTFEASORS, AND TO PROHIBIT SETOFFS IN CERTAIN CASES; TO AMEND SECTION 15-73-20, RELATING TO LIABILITY AND RECOVERY AGAINST SELLERS OF DEFECTIVE PRODUCTS, SECTION 42-1-520 RELATING TO DEFENSES AVAILABLE TO EMPLOYERS UNDER THE WORKERS' COMPENSATION LAW, SECTION 56-5-3220 RELATING TO THE EFFECT OF THE FAILURE OF CERTAIN INCAPACITATED PERSONS TO CARRY A CANE OR BE GUIDED BY A GUIDE DOG ON STREETS AND HIGHWAYS, SECTION 56-5-6460 RELATING TO A VIOLATION OF CHILD PASSENGER RESTRAINT SYSTEM LAWS NOT CONSTITUTING NEGLIGENCE, SECTION 58-17-1440 RELATING TO THE PENALTY AND DAMAGES FOR INJURY AT RAILROAD CROSSINGS IF REQUIRED SIGNALS ARE NOT GIVEN, AND SECTION 58-17-3730 RELATING TO ACTIONS AGAINST RAILROAD COMMON CARRIERS, SO AS TO CONFORM THESE SECTIONS TO THE ABOVE PROVISIONS AND TO DELETE ANY REFERENCES TO CONTRIBUTORY NEGLIGENCE AND CERTAIN OTHER REFERENCES OR DEFENSES IN CONFLICT WITH THE DOCTRINE OF COMPARATIVE NEGLIGENCE; TO AMEND TITLE 15 OF THE 1976 CODE, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 38 SO AS TO ENACT THE SOUTH CAROLINA CONTRIBUTION AMONG TORTFEASORS ACT; TO PROVIDE FOR LIABILITY FOR THE WRONGFUL USE OF A CIVIL PROCEEDING AND TO PROVIDE DAMAGES THEREFOR.
Reps. SHEHEEN, WILKINS, HUFF, McELVEEN, LIMEHOUSE, D. MARTIN, ARTHUR, HODGES, GENTRY, J.W. JOHNSON and HAYES proposed the following Amendment No. 1 (Doc. No. 2806J), which was adopted.
Amend the bill, as and if amended, by striking item (5) of Section 15-3-530 of the 1976 Code as contained in Section 1 and inserting:
/(5) An an action for criminal conversation or for any other injury to the person or rights of another, not arising on contract and not hereinafter enumerated by law, and those provided for in Section 15-3-545;/
Amend the bill further, as and if amended, by striking Section 15-3-545 of the 1976 Code as contained in Section 3 and inserting:
/Section 15-3-545. (A) In any Any action, other than actions controlled by subsection (B), to recover damages for injury to the person arising out of any medical, surgical, or dental treatment, omission, or operation by any licensed health care provider as defined in Article 5 of Chapter 79 of Title 38 acting within the scope of his profession shall must be commenced within three years from the date of the treatment, omission, or operation giving rise to the cause of action or three years from date of discovery or when it reasonably ought to have been discovered, not to exceed six years from date of occurrence, or as tolled by this section.
(B) When the action is for damages arising out of the placement and inadvertent, accidental, or unintentional leaving of a foreign object in the body or person of any one or the negligent placement of any appliance or apparatus in or upon any such person by any licensed health care provider acting within the scope of his profession by reason of any medical, surgical, or dental treatment or operation, such the action shall must be commenced within two years from date of discovery or when it reasonably ought to have been discovered, but in no event less than three years after the placement or leaving of the appliance or apparatus; provided, however, that the; provided, that, in no event shall there be a limitation on the commencement of the action less than three years after the placement or leaving of the appliance or apparatus.
(C) The provisions of this section shall apply only to causes of action which arise after June 10, 1977, and, as to causes of action which arise prior to June 10, 1977, the Statute of Limitations existing prior to June 10, 1977, shall apply applies.
(D) Notwithstanding the provisions of Section 15-3-40, if a person entitled to bring an action against a licensed health care provider acting within the scope of his profession is under the age of majority at the date of the treatment, omission, or operation giving rise to the cause of action, the time period or periods limiting filing of the action are not tolled for a period of more than seven years on account of minority and in any case more than one year after the disability ceases. Such time limitation is tolled for minors for any period during which parent or guardian and defendant's insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor./
Amend the bill further, as and if amended, in item (3) of Section 15-36-20 of the 1976 Code by striking /opposite/ as contained on line 4 of page 10 and inserting /other/.
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS 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.
H. 2947 -- Reps. McAbee and Sharpe: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT.
Rep. McLELLAN moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, March 30, which was adopted.
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 motion period was dispensed with on motion of Rep. L. MARTIN.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. T. ROGERS having the floor.
H. 2187 -- Reps. Keyserling, Evatt, T. Rogers, White, Toal, Rudnick, Foxworth, J. Harris, Lewis, Shelton, Neilson, J. Rogers, Moss, Whipper, Hearn and McTeer: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE LICENSES, SO AS TO INCREASE THE MARRIAGE LICENSE FEE FROM ONE DOLLAR TO SIX DOLLARS, AND TO AMEND SECTION 20-1-370, RELATING TO THE DISPOSITION OF MARRIAGE LICENSE FEES, SO AS TO PROVIDE THAT THE INCREASE IN THESE FEES MUST BE USED FOR BATTERED SPOUSE AND FAMILY VIOLENCE PROGRAMS OF THE DEPARTMENT OF SOCIAL SERVICES.
Rep. T. ROGERS relinquished the floor.
Rep. BLACKWELL moved to adjourn debate upon the Bill until Tuesday, March 29, which was adopted.
Rep. CORNING moved to adjourn debate upon the following Bill until Wednesday, March 30, which was adopted.
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. DANGERFIELD moved to adjourn debate upon the following Bill until Tuesday, March 29, which was adopted.
H. 2456 -- Rep. Townsend: A BILL TO AMEND SECTION 36-9-403, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF FINANCING STATEMENTS UNDER THE UNIFORM COMMERCIAL CODE AND THE DURATION OF THESE STATEMENTS, SO AS TO PROVIDE THAT THE UNITED STATES OF AMERICA ACTING THROUGH THE FARMERS HOME ADMINISTRATION IS NOT REQUIRED TO FILE CONTINUATION STATEMENTS IN ORDER TO PREVENT THE FINANCING STATEMENT FROM LAPSING.
The following Joint Resolution was taken up.
H. 2053 -- Reps. Kirsh and Corning: 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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 22 of Article V of the Constitution of this State be amended to read:
"Section 22. The petit jury of the Circuit Court shall consist of twelve members and the number of jurors of other courts shall be determined by law. All jurors in any trial court must agree to a verdict in order to render the same. The grand jury of each county shall consist of eighteen members, twelve of whom must agree in a matter before it can be submitted to the Court. Each juror must be a qualified elector under the provision of this Constitution and of good moral character. Each juror must be a resident of this State and have such other qualifications as the General Assembly may prescribe."
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 thereon: "Must Section 22 of Article V of the Constitution of this State be amended 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?
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'."
Rep. KIRSH explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C Altman Bailey, G. Bailey, K. Baker Barfield Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, J. Brown, R. Burch Chamblee Clyborne Cole Corning Dangerfield Day Derrick Edwards Elliott Faber Fair Ferguson Foster Gilbert Gregory Harris, J. Harris, P. Hayes Hearn Hodges Holt Huff Humphries Johnson, J.C. Jones Kay Keyserling Kirsh Klapman Koon Lanford Lock q Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen McKay McLellan McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Nettles Pearce Petty Phillips, O. Rice Rogers, T. Sharpe Sheheen Shelton Simpson Snow Sturkie Thrailkill Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Aydlette Baxley Carnell Davenport Foxworth Haskins Hendricks McGinnis Pettigrew Wells
So, the Joint Resolution having received the necessary two-thirds vote was passed and ordered to third reading.
The following Bill was taken up.
H. 2423 -- Reps. Clyborne, H. Brown, Mattos, Haskins, Kirsh, Nesbitt, Baker, McCain, P. Bradley, Wilkins, Petty, G. Bailey, McEachin, T.C. Alexander and Corning: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING FRAUDULENT CHECKS, SO AS TO REDEFINE "CREDIT", SO AS TO EXCLUDE FROM THE DEFINITION CHECKS GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT; AND TO AMEND SECTION 34-11-70, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND DETERMINATION OF PROBABLE CAUSE FOR PROSECUTION, SO AS TO REDUCE THE NOTICE REQUIREMENT FROM FIFTEEN TO TEN DAYS, TO RAISE THE SERVICE CHARGE ON DISHONORED CHECKS FROM TEN TO TWENTY DOLLARS, AND TO DELETE PROVISIONS RELATING TO SERVICE CHARGES FOR CHECKS FOR PREEXISTING DEBTS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2261Y), which was adopted.
Amend the bill, as and if amended, in Section 34-11-60(d) as contained in SECTION 1, page 1, by striking beginning on line 14 /to any postdated check or/ and inserting / to any postdated check or /, so that when amended, Section 34-11-60(d), shall read:
"(d) The word 'credit' as used in this section shall be construed to mean means securing further advances of money, goods, or services by means of a check, draft, or other written order, given in whole.or in part payment of a then existing account. Payment for meals, lodging, or other goods or services at any hotel, motel, or other hostelry by means of a check, draft, or other written order at any time prior to or upon departure or checkout from such hostelry shall must be construed as obtaining such those goods or services by means of such check, draft, or other written order for the purposes of this section. This section shall does not apply to any postdated check or to any check given only in full or partial payment of a preexisting debt, or to the giving of any check, draft, or other written order where the payee knows, has been expressly notified, or has reason to believe that the drawer did not have an account or have on deposit with the drawee sufficient funds to insure payment thereof nor to any check which has not been deposited to an account of the payee within a period of ten days from the date such the check was presented to the payee. It shall is also be unlawful for any person to induce, solicit, or to aid and abet any other person to draw, make, utter, issue, or deliver to any person including himself any check, draft, or other written order on any bank or depository for the payment of money or its equivalent, being informed, knowing, or having reasonable cause for believing at the time of the inducing, soliciting, or the aiding and abetting that the maker or the drawer of the check, draft, or other written order has not sufficient funds on deposit in, or an account with, such the bank or depository with which to pay the same upon presentation."
Amend further, as and if amended, in Section 34-11-70(a) as contained in SECTION 2, page 2, by striking / ten twenty dollars/ beginning on line 11 and inserting /ten/, and on page 3, line 31, by striking / ten twenty/ and inserting /ten/, so that when amended, Section 34-11-70(a) shall read:
"(a) When any check, draft, or other order is not paid by the drawee because the maker or drawer did not have an account with or sufficient funds on deposit with the bank or the person upon which such the draft, check, or other written order was drawn when presented or the draft, check, or order has an incorrect or insufficient signature thereon, and the maker or drawer of such the check, draft, or other written order fails to pay the amount due thereon, together with a service charge of ten dollars, within fifteen ten days after written notice has been sent by certified mail to the address printed on the check or given at the time it is tendered or provided on a check-cashing identification card stating that payment was refused upon the instrument, then such the check shall constitute constitutes prima facie evidence of fraudulent intent against the maker. All service charges collected pursuant to this section must be paid to the payee of the instrument.
(1) For purposes of subsection (a), notice must be given by mailing the notice with postage prepaid addressed to such the person at the address as printed or written on the instrument. The giving of notice by mail is complete upon the expiration of fifteen ten days after such the deposit of such the notice in the mail. A certificate by the payee that such the notice has been sent as required by this section is presumptive proof that the requirements as to notice have been met, regardless of the fact that the notice might not actually have been received by the addressee. The form of notice must be substantially as follows:
'You are hereby notified that a check or instrument, numbered ________, issued by you on _______________(date), drawn upon __________________ (name of bank), and payable to ________________, has been dishonored. Pursuant to South Carolina law, you have fifteen ten days from the date this notice was mailed to tender payment of the full amount of such check or instrument plus a service charge of ten dollars, the total amount due being ___________ dollars and _____________ cents. Unless this amount is paid in full within the specified time above, the holder of such the check or instrument may turn over the dishonored check or instrument and all other available information relating to this incident to the solicitor or other appropriate officer for criminal prosecutions.
(2) When any person instituting prosecution gives notice in substantially similar form provided in item (1) of this subsection to the person and the bank upon which the instrument was drawn and waits fifteen ten days from the date notice is mailed before instituting the criminal proceedings, there arises a presumption that the prosecution was instituted for reasonable and probable cause and the person instituting prosecution is immune from civil liability for the giving of such the notice.
Amend title to conform.
Rep. CLYBORNE explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 2 (Doc. No. 3497Y), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, by striking lines 28 through 33 on page (2423-1) and inserting:
/Amend the bill, as and if amended, by striking Section 34-11-60(d) as contained in Section 1 and inserting:/.
Amend the bill further, as and if amended, by striking the sentence which begins on line 2 of page (2423-2) and inserting:
/This section shall does not apply to any postdated check or to any check given only in full or partial payment of a preexisting debt, or to the giving of any check, draft, or other written order where the payee knows, has been expressly notified, or has reason to believe that the drawer did not have an account or have on deposit with the drawee sufficient funds to insure payment thereof nor to any check which has not been deposited to an account of the payee within a period of ten days from the date such the check was presented to the payee./
Amend title to conform.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 3.
Amend the bill, as and if amended, by adding a new Section to the bill to be appropriately numbered to read:
/SECTION _____. Section 34-11-60 of the 1976 Code, as last amended by Act 56 of 1979, is further amended by adding an appropriately numbered subsection to read:
"( ) The provisions of this section apply to any check, draft, or other written order given in full or partial payment for rent charged for any rental property."/
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. WILKINS spoke against the amendment.
Rep. CARNELL moved to adjourn debate upon the Bill until Thursday, March 24, which was adopted.
The following Bill was taken up.
S. 239 -- Senator Long: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO PERMIT THE CONVENTION TO BE HELD IN ANY LOCATION THE STATE COMMITTEE DETERMINES TO HAVE ADEQUATE FACILITIES.
Rep. McTEER spoke against the Bill.
Rep. BEASLEY spoke in favor of the Bill.
Rep. McTEER moved to table the Bill, which was not agreed to by a division vote of 27 to 44.
The Bill was then read the second time and ordered to third reading.
Rep. CARNELL moved to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, March 24, which was agreed to.
H. 2423 -- Reps. Clyborne, H. Brown, Mattos, Haskins, Kirsh, Nesbitt, Baker, McCain, P. Bradley, Wilkins, Petty, G. Bailey, McEachin, T.C. Alexander and Corning: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING FRAUDULENT CHECKS, SO AS TO REDEFINE "CREDIT", SO AS TO EXCLUDE FROM THE DEFINITION CHECKS GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT; AND TO AMEND SECTION 34-11-70, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND DETERMINATION OF PROBABLE CAUSE FOR PROSECUTION, SO AS TO REDUCE THE NOTICE REQUIREMENT FROM FIFTEEN TO TEN DAYS, TO RAISE THE SERVICE CHARGE ON DISHONORED CHECKS FROM TEN TO TWENTY DOLLARS, AND TO DELETE PROVISIONS RELATING TO SERVICE CHARGES FOR CHECKS FOR PREEXISTING DEBTS.
Debate was resumed on Amendment No. 3 by Rep. CARNELL.
Rep. WILKINS moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2411 -- Reps. Thrailkill, H. Brown, Aydlette, Barfield, Blackwell, Elliott, Baker, Rice, O. Phillips, Pearce, Altman, Gilbert, Foxworth, Stoddard, McElveen, Kirsh, Kay, J.W. McLeod, P. Harris, Nesbitt, J.W. Johnson, Petty, L. Phillips, T.C. Alexander, Ferguson, McCain, Simpson, McGinnis, Limehouse, Lockemy, Nettles, Fair, J. Bradley, McEachin, Day, Haskins, R. Brown, J. Harris, Gordon, Davenport, Moss, G. Bailey, Hodges, L. Martin, Dangerfield, Wells, Arthur, Russell, Wilder and Harvin: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO PROVIDE THAT THE CONVENTIONS MAY BE HELD IN LOCATIONS OTHER THAN COLUMBIA IF ADEQUATE FACILITIES FOR ALL DELEGATES AND ALTERNATE DELEGATES MAY BE PROVIDED.
Rep. THRAILKILL moved to table the Bill, which was agreed to.
The following Bill was taken up.
H. 2751 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Rep. SHEHEEN explained the Bill;.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Corning Dangerfield Davenport Day Edwards Elliott Faber Fair Ferguson Foster Foxworth Gilbert Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Koon Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Sharpe Sheheen Shelton Simpson Snow Stoddard Tucker Washington Wells Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 2751 be read the third time tomorrow.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill until Tuesday, March 29, which was adopted.
S. 61 -- Senator Hayes: A BILL TO ENACT THE UNIFORM TRADE SECRETS ACT OF 1987.
The SPEAKER granted Rep. COOPER a leave of absence for the remainder of the day and tomorrow.
On motion of Rep. KIRSH the House stood at ease subject to the call of the Chair.
At 11:58 A.M. the House resumed, the SPEAKER in the Chair.
At 12:00 Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
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.
Mr. John P. (Jake) Comer, National Commander of the American Legion and distinguished party were escorted to the rostrum by Governor Carroll A. Campbell, Senators Hinson, Powell, Holland and Matthews and Reps. McGINNIS, SIMPSON and KLAPMAN.
The PRESIDENT of the Senate recognized Governor Carroll A. Campbell who introduced the honored guest as follows:
Governor Campbell:
"Mr. President, Mr. Speaker, members of the Joint Assembly, invited guests, ladies and gentlemen, it is indeed an honor and a pleasure for me to be here today. I can tell you that I'm pleased, not just to be with you, but I'm pleased to be here to honor the country's largest veterans' organization, and therefore each and every veteran who has served the nation. As General Douglas MacArthur once said of our brave men and women in uniform, 'All their yesterdays make possible our tomorrows'. Too often we tend to forget that. This country, ladies and gentlemen, has a future because of the sacrifice of our veterans, and we dare not ever forget that fact. It is therefore an honor and a privilege for me to introduce our speaker, the National Commander of the American Legion. Our speaker served in the United States Air Force during the Korean War. They called it a conflict, but it was the Korean War. After which, he was a Communications Sergeant stationed in West Germany. Our distinguished speaker joined the American Legion in 1963 in West Roxbury, Massachusetts. He quickly rose through the ranks, serving as a Post Commander and then State Commander and a wide range of positions with the national organization. He is currently the Executive Director of the Quincy Housing Authority, as well as being a Deputy Sheriff of Norfolk County, Massachusetts. He and his wife, Eileen, have two daughters and a son. As an active member of his community, our speaker has reached out to the elderly, the young, the downtrodden, and particularly worked with alcoholics. Most recently, he was the recipient of the 1985 Distinguished Service Award of the Southshore Mental Health Center of Massachusetts. Clearly, our speaker epitomizes the spirit of service to God and country, which guides this great national organization. Please join me in welcoming the National Commander of the American Legion, John P. 'Jake' Comer."
Commander Comer:
"Thank you very much.
It's a singular honor for me to have been introduced by the Governor of your wonderful state here in South Carolina. Mr. Speaker of the House, President of the Senate, National President of the American Legion Auxiliary, the National Commander of the Sons of the American Legion, to all members of the House of Representatives and the Senate and to all my comrades of the American Legion and the Ladies' Auxiliary, past National Commander Roy Stone of South Carolina, ladies and gentlemen, my fellow Americans all. I want you to know that I consider it a high personal honor, and a distinct privilege to appear before such an esteemed body of state legislators.
There is no more difficult job, in my opinion, and no more important responsibility, than to serve as a representative of the people. I appreciate all that you do, more than you can know.
I also appreciate the efforts of my good friend, and yours, Roy Stone, in helping to make this visit possible. Roy is one of many South Carolina Legionnaires who has devoted much of his life to the interests of veterans and the American Legion. Your state and our organization are far better for these sons of South Carolina who have dedicated their lives to the service of others.
Ladies and gentlemen, the issues facing America's veterans directly affect the future of America and the future of South Carolina. This is not a time to sit quietly and wait for someone else to take the lead. It's time for action. With that in mind, I want to put to good use the time you have so generously made available to me today.
My presence here today is testimony to the fact the members of the American Legion Department of South Carolina need you and you need them. Like millions of Legionnaires around the country, our members here want to work with you on the issues that affect not only South Carolina's veterans' population, but all citizens of this great state.
Legionnaires and Auxiliary members across the nation are among the best informed and most concerned citizens in this country. That is reflected in the extent to which our members volunteer their time, involve themselves in community activities, and exercise the most fundamental of all the rights and obligations of American citizenship: the casting of a ballot. The veterans of this nation, by a national poll, 82 percent of our veterans throughout this nation, they vote. And we're proud of that.
In South Carolina alone there are some 353,000 veterans. Veterans' affairs in South Carolina is big business. Annually, millions of dollars are spent to support veterans and veterans' programs throughout the state. For example, in fiscal year '86, 367.6 million dollars were spent in South Carolina -- and that's big business.
I want to congratulate you on your work in assisting the veterans' of South Carolina. The State Veterans' Service, with County Service Officers in all 46 counties in the state, is an excellent example of your dedication to veterans. I understand that your program is being used as a model for several other states to follow as they develop similar assistance programs.
Your work is important because the problems facing veterans are on the rise. Each year more and more veterans are reaching the age where medical care becomes a greater concern. Many veterans find themselves unable to provide the necessary medical care they need through insurance or are unable to carry the financial burden alone.
By the year 2000, nine million veterans will be reaching the age of 65. South Carolina will see an increase of 150 percent in the number of veterans in this age group alone. These men and women will need your help. Now is the time to put in place the facilities and financial support to help those veterans -- before the problems of the aging veteran are upon us.
I don't need to quote statistics, but I would like to point out that without VA hospitals, clinics, nursing homes, domiciliaries, the veterans of South Carolina who cannot provide for their own health care will have to be cared for by South Carolina hospitals and staffs that already are under severe strains.
The future of veterans' benefits is a part of the future for all of us in this room. Each and every one of us has an important responsibility in helping to determine what course that future will follow.
As we enter the 1990's you will begin to see a greater need for nursing home facilities. Fortunately for the veterans of South Carolina, you have looked to the future. You have begun to take steps along that course. State and Federal funding for nursing homes will help reduce the strain on the individual veteran and you have demonstrated you are a friend to the veterans of South Carolina.
The nearly three million members of the American Legion and one million ladies of our Auxiliary will continue to work with you and other state legislators to insure a brighter future for the aging veteran. But our work does not end there. The American Legion is involved with all facets of life in America. In every city and town, from coast to coast and border to border, we are working to make America strong, to make America safe, and to insure America remains the greatest nation on the face of the earth.
In communities throughout the country, like so many in South Carolina, we are dedicated to the betterment of Americans. Our volunteers know the importance of their work and constantly strive to improve the lives of not only veterans, but of all citizens.
I am sure I don't need to tell you such a record of dedication and concern is unmatched by any other individual segment of our population, and if all Americans felt as deeply about our freedoms as we do, ours would be a far different country.
The American Legion is dedicated to our communities and to our nation, a dedication that takes many forms. We are an organization looking to the future, a future to be lived in not by us, but by the children of America.
It is for that future, their future, American Legion programs involving the children and youth of South Carolina are so important today.
Each year over 700 young men participate in the South Carolina Boys State program, a program providing first-hand experience in the operation of our nation's government. And I'm sure many of the legislators in South Carolina today and over the many years, have been a part of our American Legion Boys State and the American Legion Auxiliary Girls State programs. The American Legion Department of South Carolina also sponsors 14 Boy Scout units. I want to remind you that this last year alone, the American Legion sponsored 2,400 troops, 61,000 young men throughout the nation. Last year we had 9,000 more young men in Boy Scout uniforms than the year before. And, the American Legion sponsors over 40 American Legion baseball teams, part of 70,000 young men that play American Legion baseball throughout the nation, where better than 80 percent of the men that are in the major leagues today received their start in an American Legion baseball team. These programs instill a sense of leadership and responsibility in the young people who participate.
The children and youth of South Carolina, and the nation, are the future. For that reason, we have placed a special emphasis on educating and protecting the children of America. We have developed educational programs about child abuse and drug and alcohol abuse to help our children deal with the problems facing them now.
The American Legion Child Welfare Foundation provides grants to organizations seeking to develop programs designed to assist children. Many do not really understand the past, but it was the American Legion Child Welfare Foundation that gave seed money to start the American Heart Association and the American Mental Health Association in this country. And I wonder how many educators in South Carolina and throughout the nation, that each year when they celebrate and honor American Education Week, understand that it was the American Legion who placed that legislation on the books, and it was the American Legion who demanded one week each year to honor the educators and children of America. Our goal this year is to raise one million dollars for the foundation, to enable us to provide more assistance as the need for such assistance grows. In the last three years we have contributed $200,000 to that dreaded diseases in children, Reye's Syndrome. And we're only hoping this year, because we're so close to a cure, that this will be the year that the American Legion will be a part of helping cure the children of America of that dreaded disease.
The future of America is in the hands of the children, but without freedom there is no future.
Members of the American Legion in South Carolina are constantly seeking ways to maintain the freedoms and rights we all enjoy as Americans. While some you may not see these freedoms being threatened, we believe they are.
We see the struggles in Central America as a direct threat to the security and peace of America. Unlike many other areas of the world where Communism and Marxism are taking hold, Central America is in our own back yard. The threat is real. And, because the threat is real, the American Legion continues to maintain a watchful eye on the region.
I have had the opportunity to visit Central America on two occasions. What I have seen with my own eyes disturbs me. I see a nation of people wanting to be free, but unable to seek freedom through the democratic process. I have seen the destruction of war and what it has done to the children, the future of that region. I have seen the threat to our national security through increased Soviet presence in Central America.
I don't stand before you here today as an uninformed spokesman for democracy in Central America. I stand here today all too aware of the threat facing America, and yes, even South Carolina, if peace with democracy does not come to that region of our hemisphere.
I don't need to tell you that without adequate national security, without a society free from threats and tyranny, all the solid community programs of the American Legion and all the efforts of lawmakers like yourselves to make South Carolina a great place to live, will be without real meaning.
As state legislators you have the right, the duty, to make your fellow representatives in Washington aware of the need for peace through democracy in Central America. This battle is too close to home for us to sit by and hope for peace in the region.
As veterans, we know what it means to sacrifice. we've served our nation with pride and honor, and continue to serve today. If there is anything I would want you to remember from my visit here today, it is -- veterans know the cost of freedom, we know that freedom is not free.
During recent years, it seems threats to our national security have moved closer to home. Our neighbors out west have a border that can easily be challenged and breached.
Actions by Congress in Washington demonstrate the battle to bring peace to Central America will rage on. Without the support of the United States, the freedom-seeking people of Central America must face Soviet-backed governments far superior in strength, equipment and supplies. Where these freedom fighters have superiority is in their desire to be free, free from tyranny, free from oppression, free to choose their own course.
The American Legion supports the quest for freedom wherever the seeds of democracy have been planted. It is not enough to say we believe in democracy and freedom, our actions must speak louder than words. Now is the time to act. Now is the time to tell our representatives in Washington freedom has a price.
You, as representatives of the citizens of South Carolina must make your voice heard in Washington. You have the opportunity to make a difference in Central America. You can help bring peace, freedom and democracy to our global neighbors to the south. The threat is real. The chances for peace are real. But only if Americans from coast to coast stand up and act on their feelings.
As Americans, together we can support the freedom-seeking peoples of Central America and rid our hemisphere of the threatening Soviet presence.
For that reason we, the nearly four million members of the American Legion and the American Legion Auxiliary, will continue our programs of service to the nation. We will continue to seek peace through strength and to educate our children in hopes of a better tomorrow.
Working together we can make a difference in Central America, in South Carolina, in America. Working together to insure a better future for all our citizens we can make a difference in veterans affairs, children and youth activities, in communities throughout South Carolina.
The future of America's veterans rests in our hands. The American Legion stands ready to work with the South Carolina State Legislature to make tomorrow a brighter day for all citizens.Together, we will see that brighter day.
Ladies and gentlemen, I appreciate your giving me this time to bring you the message of the American Legion and to have the opportunity to speak before you today.
Thank you."
Upon the conclusion of his address, Commander Comer and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:33 P.M. the House resumed, the SPEAKER in the Chair.
Rep. McLELLAN moved that the House do now adjourn, which was adopted.
At 12:35 P.M. the House in accordance with the motion of Rep. McLELLAN adjourned to meet at 10:00 A.M. tomorrow.
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