Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Rev. Tom Holroyd, Pastor of Fews Chapel and Jackson Grove United Methodist Churches, Greer, S.C. as follows:
O God, Creator of all the people of the earth, who knows and loves us each one: How blessed we are as members of this Legislature to represent the aspirations and interests of the people of South Carolina. We acknowledge the burden of responsibility which we bear and we claim the opportunity for service which we have been given.
We are keenly aware, O Lord, of the pressures which special interests place upon us. Guide us, we pray, in our choices so that in shaping public policy and determining private conduct our efforts shall conform to Your broad purpose, not narrow benefit alone.
Grant, O God, that the formality of prayer in which we now engage shall not obscure but shall promote the ancient admonition of Holy Scripture to allow justice to flow like a mighty stream and for righteousness and mercy to prevail. 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.
RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED
The following was received.
March 29, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 951)
House of Representatives
Dear Mrs. Shealy:
The State Health and Human Services Finance Commission is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to the Medicaid program. These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
Columbia, S.C., March 29, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 315:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, with amendments, on:
H. 4022 -- Reps. E.B. 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.
On motion of Rep. FOSTER, with unanimous consent, the following House Resolution was taken up for immediate consideration.
H. 4022 -- Reps. E.B. 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.
Be it resolved by the House of Representatives:
That the Palmetto Association of Independent Schools champion Wilson Hall School Barons football team and its coaches are invited 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 Committee on Invitations and Memorial Resolutions proposed the following Amendment No. 1, which was adopted.
Amend the resolution, as and if amended, by striking 11:00 A.M. in the Title and inserting 10:00 A.M.
The Resolution, as amended, was adopted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4038 -- Reps. Kirsh, McAbee and P. Harris: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA COMMISSION ON AGING TO DELAY THE APRIL 1, 1988, IMPLEMENTATION DATE OF PERFORMANCE-BASED CONTRACTING AND COMPETITIVE PROPOSAL PROCESSES ON AREA AGENCIES ON AGING.
On motion of Rep. KIRSH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 4038 -- Reps. Kirsh, McAbee and P. Harris: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA COMMISSION ON AGING TO DELAY THE APRIL 1, 1988, IMPLEMENTATION DATE OF PERFORMANCE-BASED CONTRACTING AND COMPETITIVE PROPOSAL PROCESSES ON AREA AGENCIES ON AGING.
Whereas, local councils on aging have as a primary goal the providing of services to older county residents in order to help satisfy their social, psychological, and physical needs; and
Whereas, the South Carolina Commission on Aging has set April 1, 1988, as the date for implementation of performance-based contracting and competitive proposal processes on the area agencies on aging. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the South Carolina Commission on Aging to delay implementation of performance-based contracting and competitive proposal processes on area agencies on aging.
Be it further resolved that a copy of this resolution be forwarded to the Executive Director and each member of the South Carolina Commission on Aging.
Rep. KIRSH explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 1114 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH CAUGHT IN NONGAME FISHING DEVICES, SO AS TO PROVIDE SPECIFIC PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1106 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS - EDISTO RIVER, DESIGNATED AS REGULATION DOCUMENT NUMBER 859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1128 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-105 SO AS TO PERMIT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO TOW AWAY AND STORE ANY UNATTENDED WATERCRAFT, A WATERCRAFT THE OPERATOR OF WHICH IS ILL OR INTOXICATED AND UNABLE TO FUNCTION IN A SAFE MANNER, OR OTHER OBJECT WHICH CONSTITUTES A HAZARD TO NAVIGATION AND WHICH IS NOT WITHIN AN APPROVED UNITED STATES COAST GUARD ANCHORAGE AREA AND TO PROVIDE THAT THE OWNER SHALL PAY REASONABLE STORAGE FEES.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1189 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-125 SO AS TO DEFINE WILDLIFE AND PROVIDE PENALTIES FOR PERSONS CONVICTED OF UNLAWFUL BUYING, SELLING, TRADING, TRAFFICKING, OR BARTERING WILDLIFE.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1202 -- Senator Long: A BILL TO AMEND SECTIONS 50-3-410, 51-1-60, AND 51-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CONSERVATION OFFICERS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND REGULATIONS OF FISHING IN LAKES, PONDS, AND OTHER WATERS WHOLLY WITHIN STATE PARKS, SO AS TO GIVE JURISDICTION TO CONSERVATION OFFICERS TO ENFORCE PROVISIONS OF TITLE 50, LITTER AND TRESPASS STATUTES AND REGULATIONS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM RELATING TO FISHING IN LAKES, PONDS, AND OTHER WATERS WHOLLY WITHIN STATE PARKS.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1115 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF CHILDREN UNDER SIXTEEN YEARS OF AGE FROM HUNTING AND FISHING LICENSE REQUIREMENTS, SO AS TO REQUIRE LICENSES IF A CHILD TAKES GAME OR FISH FOR COMMERCIAL PURPOSES.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3323 -- Rep. Sharpe: A BILL TO AMEND CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC PETS, BY ADDING ARTICLE 11 SO AS TO REGULATE THE TRAINING, CARE, AND CUSTODY OF DANGEROUS DOCS AND TO PROVIDE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT MAGISTRATES HAVE JURISDICTION TO TRY CASES INVOLVING VIOLATIONS.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3876 -- Rep. R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2215 SO AS TO PROVIDE FOR THE PROHIBITION AGAINST BAITING WILD TURKEYS IN GAME ZONE 10 AND TO DEFINE TERMS.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3877 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF WILD TURKEYS, SO AS TO PROHIBIT THE SHOOTING OF WILD TURKEYS WITH A RIFLE.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3878 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF WILD TURKEYS, SO AS TO PROHIBIT THE SHOOTING OF WILD TURKEYS FROM A VEHICLE ON A PUBLIC ROAD.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3879 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR THE TAGGING AND BAGGING OF ANY WILD TURKEY KILLED AND FOR THE DAILY BAG LIMIT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 1178 -- Finance Committee: A BILL TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING RETIREMENT ALLOWANCES AND TO REDUCE FROM THIRTY TO TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR MEMBERS RETIRING AFTER JUNE 30, 1988, TO DELETE PROVISIONS RELATING TO REDUCTION OF BENEFITS FOR MEMBERS WITH TWENTY-FIVE YEARS' SERVICE RETIRING BEFORE AGE FIFTY-FIVE, AND TO PROVIDE FOR INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO COVER THE ACTUARIAL COST OF THE ADDITIONAL BENEFITS.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1225 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID: ELIGIBILITY FOR THE MEDICAL ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 952, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1226 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO FLEX EXAM AND LICENSURE BY ENDORSEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 877, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1228 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID ELIGIBILITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 913, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3477 -- Reps. J. Bradley, Kohn and Mappus: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976,. RELATING TO SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF THESE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3842 -- Reps. Rudnick and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-321, SO AS TO PROVIDE THAT WHEN A MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS A FINANCIAL INSTITUTION, IT IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3779 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE TO THE DEPARTMENT OF YOUTH SERVICES AND THE REFERENCE TO FELONY TO VIOLENT CRIME.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3772 -- Reps. Winstead, Aydlette, Felder, J. Bradley and Derrick: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO PROVIDE THAT ONE ADDITIONAL DOOR, NOT AT THE FRONT OF THE STORE, IS ALLOWED AT THE DISCRETION OF THE RETAIL DEALER.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3837 -- Reps. McEachin, McKay, Nettles, Gilbert and J.W. McLeod: A BILL TO AMEND SECTION 29-3-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTRY OF MORTGAGE SATISFACTIONS UPON THE MORTGAGE INDEXES BY THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT, SO AS TO PROVIDE THAT IN LIEU OF THE REQUIREMENT THAT THE WORD "CANCELED" TOGETHER WITH THE SIGNATURE OF THE REGISTER OF MESNE CONVEYANCES OR CLERK OF COURT BE ENTERED IN THE INDEXES, THE REGISTER OF MESNE CONVEYANCES OR CLERK OF COURT MAY INSERT AN APPROPRIATE COLUMN ON THE SAME PAGE IN THESE INDEXES SHOWING THE BOOK AND PAGE NUMBER, IF ANY, OF THE SATISFACTION OR CANCELLATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1139 -- Senators Holland, Matthews, Wilson, Moore, McLeod, Bryan and Mitchell: A BILL TO AMEND SECTION 14-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREPARATION OF JURY LISTS IN THE CIRCUIT COURT, SO AS TO REVISE THE PROCEDURES FOR JURY SELECTION BY INCLUDING OTHERWISE ELIGIBLE LICENSED DRIVERS AND IDENTIFICATION CARDHOLDERS AND TO MAKE THE PROVISIONS EFFECTIVE UPON RATIFICATION OF A CONSTITUTIONAL AMENDMENT PERMITTING THEM.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, Rep. HASKINS, for the minority, submitted an unfavorable report, on:
S. 1140 -- Senators Holland, Matthews, Wilson and Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO DELETE THE REQUIREMENT THAT JURORS MUST BE QUALIFIED ELECTORS OF THIS STATE AND BE OF GOOD MORAL CHARACTER, AND PROVIDE THAT JURORS MUST BE RESIDENTS OF THIS STATE AND HAVE SUCH OTHER QUALIFICATIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3988 -- Reps. Clyborne, Haskins and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-7-175 SO AS TO AUTHORIZE THE ISSUANCE OF A SUBPOENA DUCES TECUM BY A CORONER IN DEATH INVESTIGATIONS, AND TO PROVIDE CONTEMPT PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3482 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS AND PUBLIC SERVICE DISTRICTS, BY ADDING SECTION 6-11-310 SO AS TO PROVIDE THAT THESE DISTRICTS, NOT OTHERWISE EMPOWERED TO CONDEMN BY LAW, ARE GRANTED THE POWER OF EMINENT DOMAIN AND FOR THIS PURPOSE ARE CONSIDERED TO BE "CONDEMNORS" WITHIN THE MEANING OF THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE ACT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 236 -- Senators Applegate, Drummond, Giese, Hinson, Macaulay, Pope, Shealy, Thomas E. Smith, Jr., Thomas and Wilson: A BILL TO AMEND SECTION 36-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THIS APPLICATION; TO AMEND SECTION 36-1-201, RELATING TO DEFINITIONS UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THE DEFINITIONS OF "BUYER IN ORDINARY COURSE OF BUSINESS" AND "SECURITY INTEREST"; TO AMEND SECTION 36-2-107, RELATING TO GOODS TO BE SEVERED FROM REALTY, SO AS TO PROVIDE THAT TIMBER SHALL BE TREATED AS GOODS INSTEAD OF REAL ESTATE UNDER THE SECTION; TO AMEND SECTION 36-5-116, RELATING TO TRANSFER AND ASSIGNMENT, SO AS TO INCLUDE CONTRACT RIGHTS IN THE DEFINITION OF AN ACCOUNT; TO AMEND CHAPTER 9 OF TITLE 36, RELATING TO SECURED TRANSACTIONS, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER; TO AMEND CHAPTER 10 OF TITLE 36, RELATING TO THE EFFECTIVE DATE OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE EFFECTIVE DATE OF THE INITIALLY ENACTED UNIFORM COMMERCIAL CODE; TO AMEND TITLE 36 BY ADDING CHAPTER 11 SO AS TO PROVIDE TRANSITION PROVISIONS FOR AND THE EFFECTIVE DATE OF THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED IN THIS ACT; TO AMEND SECTIONS 15-3-520, 29-3-310, 29-3-330, 29-3-340, 29-3-350, 29-3-360, 29-3-390, 29-3-400, 29-3-470, 30-5-30, 30-7-10, 30-7-60, 30-7-70, 30-7-80, 30-9-30, 30-9-40, AND 30-11-20 SO AS TO FURTHER PROVIDE FOR THESE SECTIONS IN CONJUNCTION WITH THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED HEREIN; AND TO REPEAL SECTIONS 27-23-80, 27-39-50, 27-39-260, 30-5-160, 30-5-170, 33-9-130, 56-19-640, AND 56-19-690 OF THE 1976 CODE AND SECTIONS 8-181 THROUGH 8-200, 8-211 THROUGH 8-215, 8-801 THROUGH 8-1076, 8-1081 THROUGH 8-1108, 11-103, 11-201 THROUGH 11-206, 12-17.1 THROUGH 12-17.25, 27-56.1, 27-61.1, 27-62, 27-63, 27-64, 27-64.1, 27-64.2, 27-65, 27-66.1, 45-151, 45-152, 45-158, 45-161, 45-162, 45-163, 45-164, 45-201 THROUGH 45-211, 45-401 THROUGH 45-410, 60-64.1, 60-301, 60-302, 60-302.1, 60-303, 60-304, 60-305, 60-306, 60-306.1, 60-307, 60-308, 60-309, 60-310, AND 60-311 OF THE 1962 CODE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3816 -- Rep. Wilkins: A BILL TO AMEND SECTION 23-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 23-4-110, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME, AND DELINQUENCY, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE AND THE APPOINTMENT PROCESS TO AND SUPPORT STAFF OF THE COMMITTEE; TO AMEND SECTION 23-4-120, RELATING TO THE DUTIES OF THIS COMMITTEE, SO AS TO REVISE THESE DUTIES; TO AMEND SECTION 23-4-130, RELATING TO THE REPORTS OF THIS COMMITTEE, SO AS TO REVISE ITS REPORTING REQUIREMENTS; AND TO AMEND SECTION 23-4-140, RELATING TO MEETINGS, QUORUMS, AND PROXIES OF THE COMMITTEE, SO AS TO REVISE HOW MEMBERS MAY BE REPRESENTED BY PROXY AT MEETINGS OF THE COMMITTEE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 583 -- Senator Shealy: A BILL TO AMEND SECTION 14-7-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES APPLICABLE TO EXCUSED JURORS, SO AS TO REVISE THE PROCEDURE FOR PLACING AN EXCUSED JUROR ON THE PANEL OF A TERM OF COURT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1136 -- Senators Drummond and Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-300 TO ARTICLE 3, CHAPTER 21, TITLE 24, SO AS TO PROVIDE FOR THE ISSUANCE OF A CITATION AND AFFIDAVIT INSTEAD OF A WARRANT DURING A PERIOD OF SUPERVISION WHEN A PROBATIONER, PAROLEE, OR ANY PERSON RELEASED OR FURLOUGHED UNDER THE PRISON OVERCROWDING POWERS ACT VIOLATES THE CONDITIONS OF HIS RELEASE OR SUSPENDED SENTENCE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1107 -- Senator Drummond: a BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-396 SO AS TO PROVIDE THAT THE OFFICIAL SUMMONS USED BY CONSERVATION OFFICERS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY BE USED TO CITE OFFENDERS FOR VIOLATIONS OF SECTION 16-11-700 RELATING TO LITTERING.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1117 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-146 SO AS TO PROHIBIT THE DISCHARGE OF FIREARMS AT A PUBLIC BOAT LANDING OR RAMP AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 969 -- Senator Lee: A BILL TO AMEND SECTION 16-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING PISTOLS, PENALTIES, DISPOSITION OF FINES, AND THE FORFEITURE AND DISPOSITION OF PISTOLS, SO AS TO ALLOW LAW ENFORCEMENT AGENCIES THAT RECEIVE CONFISCATED PISTOLS TO TRADE THEM WITH A RETAIL DEALER FOR A PISTOL OR ANY OTHER EQUIPMENT APPROVED BY THE AGENCY; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE VIOLATIONS OF ARTICLE 1, CHAPTER 23, TITLE 16 RELATING TO OFFENSES INVOLVING PISTOLS, WITH THE EXCEPTION OF SECTION 16-23-20.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3764 -- Reps. J.W. McLeod, J. Bradley and Kohn: A BILL TO AMEND SECTIONS 38-39-20 AND 38-39-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE BUSINESS SO AS TO INCREASE THE LICENSE FEE FOR A PERSON ENGAGING IN THE INSURANCE PREMIUM SERVICE BUSINESS FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO PROVIDE NET WORTH REQUIREMENTS OF ONE HUNDRED THOUSAND DOLLARS OF LICENSEES AND TO ALLOW PRESENT LICENSEES FIVE YEARS TO INCREASE THEIR NET WORTH TO ONE HUNDRED THOUSAND DOLLARS UPON POSTING A FIDELITY BOND OR PROVING FINANCIAL RESPONSIBILITY OF FIFTY THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3669 -- Reps. Sharpe, Huff and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 52-7-145, 52-7-75, AND 52-7-160 SO AS TO EXEMPT MEMBERS OF THE STATE ATHLETIC COMMISSION, ITS COMMITTEES, OFFICIALS, REFEREES, INSPECTORS, AGENTS, AND EMPLOYEES FROM LIABILITY FOR ACTS PERFORMED IN THE COURSE OF OFFICIAL DUTIES, OR FOR THE HEALTH AND SAFETY OF PARTICIPANTS AND SPECTATORS, TO PROVIDE FOR THE DENIAL OR APPROVAL OF PERMITS FOR THE HOLDING OF EVENTS WHEN THE APPLICATIONS ARE LATE, AND TO PROVIDE THAT STATE-OWNED BUILDINGS MAY BE USED FOR ATHLETIC EVENTS WHEN THE EVENTS ARE HELD UNDER THE JURISDICTION OF NATIONALLY-RECOGNIZED ORGANIZATIONS OR APPROVED BY THEM AND THE STATE ATHLETIC COMMISSION.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3820 -- Rep. Aydlette: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-205 SO AS TO ALLOW INSURANCE AGENTS CONDITIONALLY TO SPLIT A COMMISSION ON THE COOPERATIVE SALE OF A POLICY OF INSURANCE EVEN THOUGH ONLY ONE OF THE AGENTS WAS LICENSED FOR THE INSURER WHOSE POLICY OF INSURANCE WAS THE POLICY SOLD.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3888 -- Reps. Wilder, Rhoad, Sharpe, Winstead, Koon, T.M. Burriss, J.H. Burriss, Barfield and P. Bradley: A CONCURRENT RESOLUTION TO PROVIDE FOR THE CREATION OF THE JOINT LEGISLATIVE STUDY COMMITTEE ON THE OPERATION OF THE BARNWELL LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY TO STUDY THE IMPACT OF THE CLOSURE OF THAT FACILITY, AND THAT THE COMMITTEE SHALL MAKE ITS FINAL REPORT TO THE GENERAL ASSEMBLY NO LATER THAN JUNE 30, 1989, AND AFTER THE REPORT IS MADE THE COMMITTEE IS DISSOLVED.
Ordered for consideration tomorrow.
The SPEAKER granted Rep. BLACKWELL a temporary leave of absence to address the State Realtors Association.
The following was introduced:
H. 4059 -- Rep. Huff: A HOUSE RESOLUTION REQUESTING THE ATTORNEY GENERAL OF SOUTH CAROLINA, THE CHIEF INSURANCE COMMISSIONER OF SOUTH CAROLINA, AND THE STATE'S CONSUMER ADVOCATE TO CONSULT WITH THEIR COLLEAGUES OF CERTAIN OTHER STATES INVOLVED IN LITIGATION IN THE FEDERAL DISTRICT COURT IN CALIFORNIA AGAINST MAJOR INSURANCE UNDERWRITERS NATIONWIDE AND TO REPORT BACK TO THE HOUSE OF REPRESENTATIVES AS SOON AS POSSIBLE REGARDING ANY APPROPRIATE ACTION WHICH SHOULD BE TAKEN THEREIN OR IN SIMILAR FASHION ON BEHALF OF THE STATE OF SOUTH CAROLINA.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4060 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3175, RELATING TO SHERIFFS, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, MARCH 30, 1988, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3175 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 3175 be set by special order for second reading or other consideration on Wednesday, March 30, 1988, immediately following the call of the uncontested calendar and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 3175 is given second reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
The Resolution was adopted.
The following was introduced:
H. 4061 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 457, RELATING TO INSTRUCTION OF STUDENTS AT HOME, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING DISPOSITION OF H. 3175 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 457 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 457 be set by special order for second reading or other consideration immediately following disposition of H. 3175 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 457 is given second reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
Rep. WASHINGTON moved to table the Resolution.
Rep. T.M. BURRISS raised the Point of Order that the motion to table the Resolution was out of order as Rep. HUFF had the floor.
The SPEAKER stated that Rep. HUFF had completed a brief explanation of the Resolution, but that he no longer had the floor, and he overruled the Point of Order.
The question then recurred to the motion to table the Resolution.
Rep. HEARN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Blanding Brown, G. Brown, J. Brown, R. Dangerfield Faber Foster Gilbert Kay Martin, D. McBride McGinnis McLeod, J.W. McTeer Nesbitt Shelton Snow Waldrop Washington Whipper Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Bradley, J. Brown, H. Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Davenport Day Derrick Elliott Fair Ferguson Gordon Harvin Haskins Hayes Hearn Hendricks Huff Humphries Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Lanford Lockemy Mappus Martin, L. Mattos McCain McEachin McElveen McLellan McLeod, E.B. Moss Pettigrew Petty Phillips, O. Rice Rudnick Sharpe Sheheen Simpson Stoddard Sturkie Taylor Thrailkill Townsend Tucker Wells Wilkins
So, the House refused to table the Resolution.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 4062 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3723, RELATING TO A MUNICIPALITY'S RIGHT TO CONDEMNATION, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING DISPOSITION OF S. 457 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3723 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 3723 be set by special order for second reading or other consideration immediately following disposition of S. 457 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 3723 is given second reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
The Resolution was adopted by a division vote of 68 to 14.
The following was introduced:
H. 4063 -- Rep. Klapman: A CONCURRENT RESOLUTION TO COMMEND FORMER SENATOR A. L. HARMON OF LEXINGTON COUNTY, THE LATE WILBUR GRANT OF CHESTER COUNTY, AND THE LATE JOHN A. MAY OF AIKEN COUNTY FOR THEIR WORK IN THE ONE HUNDRED FIFTIETH ANNIVERSARY CELEBRATION OF THE RATIFICATION OF THE UNITED STATES CONSTITUTION BY THE STATE OF SOUTH CAROLINA WHICH WAS HELD IN COLUMBIA ON MAY 23, 1938.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4064 -- Charleston Delegation and Rep. McTeer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME ITS NEW MOTOR VEHICLE SERVICE OFFICE ON LEEDS AVENUE IN CHARLESTON COUNTY "THE GREATON E. BAMBERG, JR., SERVICE OFFICE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4065 -- Richland Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE DR. C.J. JOHNSON OF COLUMBIA IN RICHLAND COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1368 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA COMMISSION ON AGING TO DELAY THE APRIL 1, 1988, IMPLEMENTATION DATE OF PERFORMANCE-BASED CONTRACTING AND COMPETITIVE PROPOSAL PROCESSES ON AREA AGENCIES ON AGING.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4066 -- Reps. Winstead, Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Mappus: A CONCURRENT RESOLUTION TO CONGRATULATE THE COLLEGE OF CHARLESTON MEN'S BASKETBALL TEAM FOR ITS FINE SEASON AND ITS THIRD PLACE FINISH IN THE NAIA NATIONAL BASKETBALL TOURNAMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. McLELLAN moved that when the House adjourns it adjourn to meet in Local Session tomorrow and Monday, which was agreed to by a division vote of 58 to 16.
Rep. BOAN moved that the House Staff be allowed to observe Good Friday, April 1, as a holiday, which was adopted.
Reps. RUDNICK and SHARPE introduced the State Class AAA South Aiken Lady Thoroughbred Basketball Team and Coaches.
Rep. WILDER introduced the State AA Championship Basketball Team, Coaches and Staff, Allendale-Fairfax High School Basketball Team.
Rep. M.D. BURRISS moved that when the House adjourns it adjourn in honor of those families whose lives have been improved by an association with Horrell Hill School, founded in 1897, which was agreed to.
The following was introduced:
H. 4067 -- Reps. Hayes, Foster, Nesbitt, Kirsh, Short and Mattos: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF JOHN RUTHERFORD LONDON, JR., OF YORK COUNTY, WHO DIED MARCH 26, 1988.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4068 -- Rep. Harvin: A HOUSE RESOLUTION REQUESTING THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PERFORM A FEASIBILITY STUDY ON ESTABLISHING WATER SERVICES OR SEWER SERVICES, OR BOTH, AROUND THE LAKE MARION AREA OF CLARENDON COUNTY, WITH SUCH SERVICES TO BE OPERATED AND PROVIDED BY THE PUBLIC SERVICE AUTHORITY, AND TO REPORT THE FINDINGS OF THE STUDY TO THE HOUSE OF REPRESENTATIVES BY SEPTEMBER 30, 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. 4069 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS - AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 938, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4070 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO AUTOMOBILE INSURANCE CREDIT AND DISCOUNT PLANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4071 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 58-23-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE CARRIERS AND THE INSURANCE OR BOND REQUIRED OF CERTIFICATE HOLDERS GENERALLY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL, IN THE GRANTING OF A CERTIFICATE, REQUIRE THE APPLICANT TO PROCURE AND FILE EITHER LIABILITY AND PROPERTY DAMAGE INSURANCE, A SURETY BOND, OR A CERTIFICATE OF SELF-INSURANCE, RATHER THAN LIABILITY AND PROPERTY DAMAGE INSURANCE OR A SURETY BOND ONLY, AND TO PROVIDE THAT THE POLICY OF INSURANCE, THE SURETY BOND, OR THE CERTIFICATE OF SELF-INSURANCE MUST CONTAIN SUCH CONDITIONS, PROVISIONS, AND LIMITATIONS AS THE COMMISSION MAY PRESCRIBE.
Without reference.
H. 4072 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT PROPOSALS MAY BE MADE FOR THE GENERAL ELECTION YEARS 1990 AND 1992 FOR THE REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE IN A SINGLE AMENDMENT PROPOSAL, WHICH PROPOSAL MAY CHANGE PROVISIONS FROM OTHER ARTICLES IN CERTAIN CIRCUMSTANCES.
On motion of Rep. WILKINS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4073 -- Reps. Dangerfield, J. Bradley, Aydlette, Washington, Winstead, Kohn, D. Martin, Klapman, Altman, Mappus, Whipper and Holt: A BILL TO AMEND SECTIONS 57-5-820 AND 57-5-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSENT OF A MUNICIPALITY TO WORK ON HIGHWAYS WITHIN ITS LIMITS, SO AS TO PROVIDE THAT, UPON APPEAL BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, REGIONAL COUNCILS OF GOVERNMENTS MAY MAKE A FINDING THAT THE WORK IS OF MULTIJURISDICTIONAL SIGNIFICANCE AND THE FINDING SHALL ALLOW HIGHWAY, BRIDGE, OR OTHER HIGHWAY FACILITY CONSTRUCTION IN A MUNICIPALITY IN AN URBANIZED AREA WITHOUT PLAN APPROVAL OF THE MUNICIPALITY.
Referred to Committee on Judiciary.
H. 4074 -- Reps. J.W. McLeod and R. Brown: A BILL TO REPEAL ARTICLE 3, CHAPTER 55, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONNECTION OF UNDERTAKERS WITH CERTAIN INSURANCE COMPANIES.
Referred to Committee on Labor, Commerce and Industry.
S. 1081 -- Senator Thomas E. Smith, Jr.: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO PROMULGATE REGULATIONS WHICH PROVIDE OBJECTIVE GUIDELINES AS TO WHAT CONSTITUTES SUCCESSFUL COMPLETION OF THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1120 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-1830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY OPEN OR CLOSE THE SEASON FOR CRAB TRAWLING DURING THE MONTHS OF JANUARY, FEBRUARY, AND MARCH OF EACH YEAR, TO PROVIDE THAT CRAB TRAWLING IS UNLAWFUL AT ALL OTHER TIMES, TO REQUIRE TRAWLERS' LICENSES AND PERMITS FOR PERSONS TRAWLING FOR CRABS, TO REGULATE THE SIZE AND USE OF CRAB NETS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
S. 1357 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 956, 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. 1358 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ASBESTOS REMOVAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 896, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The following was received.
The General Assembly, Columbia, S.C., March 23, 1988
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 546 -- Senators Nell W. Smith, Garrison, Leatherman, Matthews, Waddell, Hayes and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill do pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This may be cited as the "Comprehensive Health Education Act".
SECTION 2. The purpose of this act is to foster the development and dissemination of educational activities and materials which will assist South Carolina students, teachers, administrators, and parents in the perception, appreciation, and understanding of health principles and problems and responsible sexual behavior.
SECTION 3. Title 59 of the 1976 Code is amended by adding:
Section 59-32-lo. As used in this chapter:
(1) 'Comprehensive health education' means health education in a school setting that is planned and carried out with the purpose of maintaining, reinforcing, or enhancing the health, health-related skills, and health attitudes and practices of children and youth that are conducive to their good health and that promote wellness, health maintenance, and disease prevention. It includes age-appropriate, sequential instruction in health either as part of existing courses or as a special course.
(2) 'Reproductive health education' means instruction in human physiology, conception, prenatal care and development, childbirth, and postnatal care, but does not include instruction concerning sexual practices outside marriage or practices unrelated to reproduction except within the context of the risk of disease. Abstinence and the risks associated with sexual activity outside of marriage must be strongly emphasized.
(3) 'Family life education' means instruction intended to:
(a) develop an understanding of the physical, mental, emotional, social, economic, and psychological aspects; of close personal relationships and an understanding of the physiological, psychological, and cultural foundations of human development;
(b) provide instruction that will support the development of responsible personal values and behavior and aid in establishing a strong family life for themselves in the future and emphasize the responsibilities of marriage.
(c) provide instruction as to the laws of this State relating to the sexual conduct of minors, including criminal sexual conduct.
(4) 'Pregnancy prevention education' means instruction intended to:
(a) stress the importance of abstaining from sexual activity until marriage;
(b) help students develop skills to enable them to resist peer pressure and abstain from sexual activity;
(c) explain methods of contraception, and the risks and benefits of each method. Abortion must not be included as a method of birth control. Instruction explaining the methods of contraception must not be included in any education program for grades kindergarten through fifth. Contraceptive information must be given in the context of future family planning.
(5) 'Local school board' means the governing board of public school districts as well as those of other state-supported institutions which provide educational services to students at the elementary and secondary school level. For purposes of this chapter, programs or services provided by the Department of Health and Environmental Control in educational settings must be approved by the local school board.
(6) 'Board' means the State Board of Education.
(7) 'Department' means the State Department of Education.
Section 59-32-20. Before August 1, 1988, the board, through the department, shall select or develop an instructional unit with separate components addressing the subjects of reproductive health education, family life education, pregnancy prevention education, and sexually transmitted diseases and make the instructional unit available to local school districts. The board, through the department, also shall make available information about other programs developed by other states upon request of a local school district.
Section 59-32-30. (A) Pursuant to guidelines developed by the board, each local school board shall implement the following program of instruction:
(1) Beginning with the 1988-89 school year, for grades kindergarten through five, instruction in comprehensive health education must include the following subjects: community health, consumer health, environmental health, growth and development, nutritional health, personal health, prevention and control of diseases and disorders, safety and accident prevention, substance use and abuse, dental health, and mental and emotional health. Sexually transmitted diseases as defined in the annual Department of Health and Environmental Control List of Reportable Diseases are to be excluded from instruction on the prevention and control of diseases and disorders. At the discretion of the local board, age-appropriate instruction in reproductive health may be included.
(2) Beginning with the 1988-89 school year, for grades six through eight, instruction in comprehensive health must include the following subjects: community health, consumer health, environmental health, growth and development, nutritional health, personal health, prevention and control of diseases and disorders, safety and accident prevention, substance use and abuse, dental health, mental and emotional health, and reproductive health education. Sexually transmitted diseases are to be included as a part of instruction. At the discretion of the local board, instruction in family life education or pregnancy prevention education or both may be included, but instruction in these subjects may not include an explanation of the methods of contraception before the sixth grade.
(3) Beginning with the 1989-90 school year, at least one time during the four years of grades nine through twelve, each student shall receive instruction in comprehensive health education, including at least seven hundred fifty minutes of reproductive health education and pregnancy prevention education.
(4) The South Carolina Educational Television Commission shall work with the department in developing instructional programs and materials that may be available to the school districts. Films and other materials may be designed for the purpose of explaining bodily functions or the human reproductive process. These materials may not contain actual or simulated portrayals of sexual activities or sexual intercourse.
(5) The program of instruction provided for in this section may not include a discussion of alternate sexual lifestyles from heterosexual relationships including, but not limited to, homosexual relationships except in the context of instruction concerning sexually transmitted diseases.
(6) In grades nine through twelve, students must also be given appropriate instruction that adoption is a positive alternative.
(B) Local school boards may use the instructional unit made available by the board pursuant to Section 59-32-20, or local boards may develop or select their own instructional materials addressing the subjects of reproductive health education, family life education, and pregnancy prevention education. To assist in the selection of components and curriculum materials, each local school board shall appoint a thirteen-member local advisory committee consisting of two parents, three clergy, two health professionals, two teachers, two students, one being the president of the student body of a high school, and two other persons not employed by the local school district:
(C) The time required for health instruction for students in kindergarten through eighth grade must not be reduced below the level required during the 1986-87 school year. Health instruction for students in grades nine through twelve may be given either as part of an existing course or as a special course.
(D) No contraceptive device or contraceptive medication may be distributed in or on the school grounds of any public elementary or secondary school. No school district may contract with any contraceptive provider for their distribution in or on the school grounds. Except as to that instruction provided by this chapter relating to complications which may develop from all types of abortions, school districts may not offer programs, instruction, or activities including abortion counseling, information about abortion services, or assist in obtaining abortion and materials containing this information must not be distributed in schools. Nothing in this section prevents school authorities from referring students to a physician for medical reasons after making reasonable efforts to notify the student's parents or legal guardians or the appropriate court, if applicable.
(E) Any course or instruction in sexually transmitted diseases must be taught within the reproductive health, family life, or pregnancy prevention education components, or it must be presented as a separate component.
(F) Instruction in pregnancy prevention education must be presented separately to male and female students.
Section 59-32-40. As part of their program for staff development, the department and local school boards shall provide appropriate staff development activities for educational personnel participating in the comprehensive health education program. Local school boards are encouraged to coordinate the activities with the department and institutions of higher learning.
Section 59-32-50. Pursuant to policies and guidelines adopted by the local school board, public school principals shall develop a method of notifying parents of students in the relevant grades of the content of the instructional materials concerning reproductive health, family life, pregnancy prevention, and of their option to exempt their child from this instruction, and sexually transmitted diseases if instruction in the diseases is presented as a separate component. Notice must be provided sufficiently in advance of a student's enrollment in courses using these instructional materials to allow parents and legal guardians the opportunity to preview the materials and exempt their children.
A public school principal, upon receipt of a statement signed by a student's parent or legal guardian stating that participation by the student in the health education program conflicts with the family's beliefs, shall exempt that student from any portion or all of the units on reproductive health, family life, and pregnancy prevention where any conflicts occur. No student must be penalized as a result of an exemption. School districts shall use procedures to ensure that students exempted from the program by their parents or guardians are not embarrassed by the exemption.
Section 59-32-60. The department shall assure district compliance with this chapter. Each local school board shall consider the programs addressed in this chapter in developing its annual district report.
Section 59-32-70. The provisions of this chapter do not apply to private schools.
Section 59-32-80. Any teacher violating the provisions of this chapter or who refuses to comply with the curriculum prescribed by the school board as provided by this chapter is subject to dismissal.
Section 59-32-90. Films, pictures, or diagrams in any comprehensive health education program in public schools must be designed solely for the purpose of explaining bodily functions or the human reproduction process and may not include actual or simulated portrayals of sexual activities or sexual intercourse."
SECTION 4. School districts which provide comprehensive health education programs on the effective date of this act may continue their existing programs while implementing the provisions of Chapter 32 of Title 59 of the Code of Laws of South Carolina, 1976.
SECTION 5. For school years 1988-89 and 1989-90, school district and state agency school employees required by the State Board of Education to hold State Board of Education certification shall receive first priority for reimbursement of tuition from the funds allocated for the program established by Section 59-21-150 of the 1976 Code for completion of a three-hour course determined by the board to be a course in comprehensive health education.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Nell W. Smith /s/Harriet H. Keyserling Warren K. Giese /s/Ronald P. Townsend /s/John C. Hayes Michael L. Fair On Part of the Senate On Part of the House.
Rep. TOWNSEND explained the Conference Report.
Rep. FAIR spoke against the Conference Report.
Rep. FAIR moved that the House resolve itself into a Committee of the Whole, which was agreed to by a division vote of 53 to 38.
The SPEAKER appointed Rep. PEARCE Chairman of the Committee.
At 11:59 A.M., the Committee arose.
Rep. CORNING raised the Point of Order that the Conference Report was out of order as it had not been printed and placed in the Journal in compliance with Rule 5.15.
The SPEAKER sustained the Point of Order.
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:
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.
The President announced that nominations were in order for a member from the Second Congressional District.
Rep. McABEE nominated T. Michael Copeland of Columbia.
On motion of Rep. T. ROGERS, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Mr. T. Michael Copeland was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member from the Fourth Congressional District.
Rep. CLYBORNE nominated Dr. Robert Robards of Taylors.
On motion of Senator Mitchell, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Dr. Robert Robards was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member from the Sixth Congressional District.
Rep. SNOW nominated James L. Pasley, Jr., of Hemingway.
On motion of Rep. SNOW, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Mr. James L. Pasley, Jr., was duly elected for the term prescribed by law.
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 12:10 P.M. the House resumed, the SPEAKER in the Chair.
The following was introduced:
H. 4075 -- Reps. J. Bradley, Foxworth, McElveen, McTeer and Short: A CONCURRENT RESOLUTION TO CONGRATULATE CITADEL BASEBALL COACH CHAL PORT FOR HIS MANY ACCOMPLISHMENTS AS HEAD BASEBALL COACH OF THE BULLDOGS, AND TO DECLARE TUESDAY, APRIL 19, 1988, AS CHAL PORT DAY IN CHARLESTON COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
Rep. ELLIOTT signed a statement with the Clerk that he.came in after the roll call of the House and was present for the Session on Tuesday, March 29, 1988.
This is to attest that I was in Columbia on Tuesday, 3/29/88, working for the people, yet failed to record my record of attendance.
Rep. DICK ELLIOTT
House Seat 104
Reps. J. ROGERS, ARTHUR, McEACHIN and GENTRY were granted a Leave of the House due to a Judicial Screening Committee meeting.
Rep. TOWNSEND moved to waive Rule 5.14 on the Conference Report on the following Bill:
S. 546 -- Senators Nell W. Smith, Garrison, Leatherman, Matthews, Waddell, Hayes and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Bailey, K. Baxley Beasley Bennett Boan Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Chamblee Cooper Cork Dangerfield Day Derrick Elliott Faber Foster Gilbert Gregory Harris, J. Harris, P. Harvin Hayes Hearn Helmly Hendricks Holt Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lockemy Mattos McAbee McBride McGinnis McLellan McTeer Neilson Nesbitt Pearce Petty Phillips, O. Rice Rogers, T. Rudnick Sheheen Shelton Simpson Snow Sturkie Townsend Tucker Waldrop Washington Whipper White Wilder
Those who voted in the negative are:
Aydlette Baker Barfield Blackwell Bradley, J. Bradley, P. Burriss, T.M. Clyborne Corning Davenport Fair Haskins Mappus Martin, L. McLeod, E.B. Pettigrew Sharpe Taylor Thrailkill Wells Winstead
So, having received the necessary two-thirds vote, Rule 5.14 was waived.
Rep. HASKINS moved that the House resolve itself into a Committee of the whole, which was agreed to by a division vote of 44 to 43.
The SPEAKER appointed Rep. McLELLAN Chairman of the Committee.
At 12:20 P.M., the Committee arose.
Rep. FAIR moved to recommit the Conference Report to the Conference Committee.
Rep. SHELTON moved to table the motion to recommit.
Rep. PETTIGREW demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Bennett Blanding Brown, J. Brown, R. Foster Gilbert Gregory Harris, J. Harris, P. Hendricks Hodges Holt Kay Keyserling Kirsh Martin, D. McBride McGinnis McLeod, J.W. McTeer Neilson Nesbitt Pearce Rogers, T. Rudnick Sheheen Shelton Simpson Snow Townsend Tucker Waldrop Washington Whipper White Wilder
Those who voted in the negative are:
Aydlette Bailey, G. Baker Barfield Baxley Beasley Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Corning Davenport Derrick Elliott Fair Ferguson Foxworth Harvin Haskins Hayes Hearn Huff Humphries Johnson, J.C. Jones Kohn Koon Lanford Limehouse Lockemy Mappus Martin, L. Mattos McAbee McCain McLeod, E.B. Moss Pettigrew Phillips, O. Rice Sharpe Sturkie Thrailkill Wells Wilkins Winstead
So, the House refused to table the motion to recommit.
The question then recurred to the motion to recommit the Conference Report to the Conference Committee, which was agreed to.
The following was received.
Columbia, S.C., March 30, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. MAPPUS, the invitation was accepted.
Rep. SIMPSON moved that upon Ratification of Acts, the House stand in recess until 2:30 P.M., which was rejected.
The following Bill was taken up.
H. 3480 -- Rep. J. Bradley: A BILL TO AMEND SECTION 53-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNOR TO DECLARE CHRISTMAS EVE A HOLIDAY FOR STATE EMPLOYEES, SO AS TO PROVIDE THAT THE GOVERNOR MAY NOT DECLARE CHRISTMAS EVE A HOLIDAY FOR STATE EMPLOYEES IF THERE IS AN INTERVENING WEEKEND BETWEEN THE HOLIDAY GRANTED FOR DECEMBER TWENTY-FIFTH AND THE HOLIDAY GRANTED FOR DECEMBER TWENTY-SIXTH UNLESS HE DECLARES CHRISTMAS EVE A HOLIDAY IN LIEU OF THE HOLIDAY TO BE GRANTED FOR DECEMBER TWENTY-SIXTH.
Reps. T. ROGERS, BLANDING, J. BROWN and McBRIDE objected to the Bill.
The following Bill was taken up.
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.
Rep. J. BRADLEY explained the Bill.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of the Bill, Rep. J. BRADLEY having the floor.
At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R461) S. 239 -- Senator Long: AN ACT TO AMEND SECTION 7-9-100, 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, TO REQUIRE THE STATE COMMITTEE TO PROVIDE ACCOMMODATIONS INFORMATION TO DELEGATES, AND TO PROHIBIT THE USE OF STATE FUNDS FOR HOLDING CONVENTIONS.
(R462) S. 1313 -- Senator McGill: AN ACT 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.
(R463) H. 3356 -- Reps. Waldrop, J. Bradley, J. Brown, R. Brown, Carnell, Chamblee, Davenport, Elliott, Felder, Ferguson, Harvin, Huff, McAbee, J.W. McLeod, Moss, White, Wilder, Winstead, Wells, Cole, Stoddard, P. Bradley, Rice, Lanford and Clyborne: AN ACT TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM NINE DOLLARS TO TEN DOLLARS AND TWENTY-FIVE CENTS THE AMOUNT MULTIPLIED BY YEARS OF SERVICE IN THE CASE OF CLASS ONE SERVICE TO DETERMINE BENEFITS AND TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING CLASS TWO SERVICE BENEFITS AND TO REDUCE FROM THIRTY TO TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO AMEND SECTION 9-11-210, RELATING TO CONTRIBUTIONS, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE MEMBERS FROM SIXTEEN DOLLARS TO TWENTY-ONE DOLLARS A MONTH AND TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS TWO MEMBERS FROM FIVE TO SIX AND ONE-HALF PERCENT OF COMPENSATION, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ADJUST EMPLOYER CONTRIBUTIONS IN AN AMOUNT NOT TO EXCEED THREE PERCENT OF PAYROLL TO OFFSET THE ACTUARIAL COSTS OF THIS ACT, TO AUTHORIZE THE BOARD TO ADJUST EMPLOYEE CONTRIBUTIONS IF NECESSARY TO OFFSET ADDITIONAL ACTUARIAL COST, TO PROVIDE THAT IF CONTRIBUTION RATES EXCEED THE ACTUARIAL COSTS, BOTH EMPLOYEE AND EMPLOYER CONTRIBUTIONS MUST BE DECREASED PROPORTIONATELY, TO AMEND SECTION 9-11-300, RELATING TO A ONE TIME INCREASE IN BENEFITS, SO AS TO PROVIDE A FOURTEEN AND THREE-TENTHS PERCENT INCREASE IN BENEFITS PAYED AS A RESULT OF RETIREMENT PRIOR TO JULY 1, 1988, AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE EFFECTIVE JULY 1, 1988.
(R464) H. 3579 -- Reps. Gregory, White, Short, Fair and Kirsh: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS; AND TO AMEND SECTION 40-36-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSES FOR OCCUPATIONAL THERAPISTS, SO AS TO CHANGE EDUCATIONAL ACCREDITATION REQUIREMENTS.
(R465) H. 3763 -- Reps. J.W. McLeod, J. Bradley and Kohn: AN ACT TO AMEND SECTION 38-39-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY SO AS TO CHANCE THE CHARGE ALLOWED ON A DELINQUENCY INSTALLMENT FROM FIVE CENTS A DOLLAR FOR EACH FULL DOLLAR OR ONE DOLLAR, WHICHEVER IS GREATER, NOT TO EXCEED FIVE DOLLARS, TO ONE DOLLAR TO A MAXIMUM OF FIVE PERCENT OF AN INSTALLMENT, OR A MAXIMUM OF FIVE DOLLARS ON A FAMILY OR HOUSEHOLD PURPOSE LOAN.
(R466) H. 3577 -- Reps. Gregory, White, Short, Fair and Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-79-20 SO AS TO REQUIRE MEDICAL MALPRACTICE INSURANCE CARRIERS TO FILE FINAL JUDGMENTS, SETTLEMENTS, AGREEMENTS, AND AWARDS WITH LICENSING BOARDS.
(R467) H. 3032 -- Rep. J. Bradley: AN ACT TO AMEND ARTICLE I, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES BY ADDING SECTION 29-3-70 SO AS TO PROVIDE THAT A MORTGAGEE, WHEN MAKING A MORTGAGE LOAN MAY NOT REQUIRE, AS A CONDITION OR TERM OF THE MORTGAGE, THAT THE MORTGAGOR PURCHASE CASUALTY INSURANCE ON PROPERTY WHICH IS THE SUBJECT OF THE MORTGAGE IN AN AMOUNT IN EXCESS OF THE REPLACEMENT COST OF THE BUILDINGS OR APPURTENANCES ON THE MORTGAGED PREMISES.
(R468) H. 2042 -- Reps. Rudnick, Barfield, J. Bradley, J. Brown, M.D. Burriss, Hearn, Kirsh, Clyborne, Corning, P. Bradley, Haskins, Wells, McGinnis and Mappus: AN ACT TO AMEND SECTION 56-3-1970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PARKING IN HANDICAPPED PARKING PLACES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1975 SO AS TO REQUIRE HANDICAPPED PARKING SPACES TO BE CLEARLY IDENTIFIED AND TO PROVIDE FOR THE MAINTENANCE OF THE IDENTIFICATION SIGNS.
(R469) H. 2071 -- Reps. Altman and P. Bradley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-860 SO AS TO REGULATE THE OPERATION OF AIRBOATS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R470) H. 2831 -- Rep. Hawkins: AN ACT 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 BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE A SCHEDULE OF FEES FOR THE LICENSES, TO PROVIDE THAT THE DEPARTMENT SHALL RETAIN THE FEES, AND TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS.
(R471) H. 2610 -- Judiciary Committee: AN ACT 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 AND TO REVISE CERTAIN CAUSES OF ACTION TO WHICH THE SECTION APPLIES; TO AMEND SECTION 15-3-535, RELATING TO TIME PERIOD WITHIN WHICH CERTAIN ACTIONS MUST BE COMMENCED, SO AS TO REDUCE THIS PERIOD TO THREE YEARS, TO REVISE THE CAUSES OF ACTION TO WHICH THE SECTION APPLIES, AND TO DELETE REFERENCES TO ACTIONS FOR CRIMINAL CONVERSATION; TO AMEND SECTION 15-3-545, RELATING TO THE STATUTE OF LIMITATIONS IN MALPRACTICE ACTIONS SO AS TO REVISE THE STATUTE OF LIMITATIONS ON THE NEGLIGENT PLACEMENT OF AN APPLIANCE OR APPARATUS IN ANY PERSON BY STIPULATING THAT THE PERSON HAS AT LEAST THREE YEARS AFTER THE PLACEMENT TO BRING THE ACTION, AND 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 DIRECTED VERDICT OF LIABILITY; BY ADDING SECTION 15-33-135, SO AS TO PROVIDE THAT IN ANY CIVIL ACTION WHERE PUNITIVE DAMAGES ARE CLAIMED, THE PLAINTIFF HAS THE BURDEN OF PROVING SUCH DAMAGES BY CLEAR AND CONVINCING EVIDENCE; TO AMEND TITLE 15 OF THE 1976 CODE, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT, AND BY ADDING CHAPTER 38 SO AS TO ENACT THE SOUTH CAROLINA CONTRIBUTION AMONG TORTFEASORS ACT; TO AMEND SECTION 38-79-410 RELATING TO THE DEFINITION OF LICENSED HEALTH CARE PROVIDERS FOR PURPOSES OF THE PATIENTS' COMPENSATION FUND FOR THE BENEFIT OF THESE LICENSED HEALTH CARE PROVIDERS SO AS TO REVISE THIS DEFINITION TO INCLUDE OPTOMETRISTS AND PODIATRISTS THEREIN; AND TO PROVIDE THAT THE DEPARTMENT OF INSURANCE: SHALL REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT WITHIN ONE YEAR OF THE EFFECTIVE DATE AND SHALL ORDER RATE REDUCTIONS AS MAY APPEAR APPROPRIATE TO THE CHIEF INSURANCE COMMISSIONER.
(R472) H. 3385 -- Reps. Gregory, Davenport, Klapman, McGinnis, Rudnick, Washington, Winstead, Kirsh, Wells, J. Brown, J. Bradley, Waldrop, Toal, Keyserling, Dangerfield, L. Martin, Day, McElveen and Elliott: AN ACT TO AMEND SECTION 50-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DEER HUNTING WITHIN THREE HUNDRED YARDS OF A RESIDENCE. ON CAME MANAGEMENT LANDS, SO AS TO PROHIBIT DEER HUNTING WITHIN THREE HUNDRED YARDS OF ANY RESIDENCE WITHOUT PERMISSION OF THE OWNER OR OCCUPANT.
(R473) 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.
(R474) H. 3832 -- Labor, Commerce and Industry Committee: a JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATION FEES AND RECIPROCITY CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 953, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R475) H. 2503 -- Rep. Ogburn: AN ACT TO AMEND SECTION 38-51-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT AN ADMINISTRATOR'S BOND IS A SURETY BOND, TO PROVIDE THAT ALTERNATIVE FORMS OF SECURITY MAY BE FURNISHED, THAT THE SECURITY INSTRUMENTS MUST BE IN THE AMOUNT OF SEVENTY-FIVE THOUSAND DOLLARS, AND TO PROVIDE CONDITIONS UNDER WHICH BONDING REQUIREMENTS MAY BE WAIVED.
(R476) H. 2959 -- Rep. Pearce: AN ACT TO AMEND SECTIONS 46-41-210 THROUGH 46-41-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE DEALERS AND HANDLERS GUARANTY FUND, ASSESSMENT ON GRAIN, AND THE REQUIREMENT FOR THE STATE TREASURER TO ADMINISTER THE FUND, AND ESTABLISH THE PROPOSED AMOUNT AND CLAIMS RELATED TO THE FUND, SO AS TO REDEFINE THE TERM "FAIR MARKET VALUE" AND TO DEFINE THE TERM "DATE OF LOSS", TO REQUIRE THE COLLECTION BY THE GRAIN DEALER OF THE ASSESSMENT AT THE TIME OF SETTLEMENT WITH THE PRODUCER, TO DELETE A PROVISION ALLOWING AN ADDITIONAL ASSESSMENT ON GRAIN HELD FOR MORE THAN ONE YEAR; TO REQUIRE AN AUDIT OF THE GRAIN DEALER BEFORE A LOSS MAY BE PAID FROM THE FUND; TO PROVIDE THAT THE COLLECTION OF THE ASSESSMENT SHALL CEASE AT THE FOUR MILLION DOLLAR LEVEL, TO INCREASE TO NINETY DAYS FROM SIXTY DAYS THE TIME ALLOWED FOR PRESENTING LOSS CLAIMS WHICH MAY NOT BE HIGHER THAN THE CONTRACT PRICE FOR EACH BUSHEL, TO REQUIRE A REQUEST FOR PAYMENT OF ONE HUNDRED PERCENT OF A LOSS TO CHANGE THE MINIMUM AMOUNT WHICH MUST BE RETAINED IN THE FUND FROM FIVE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS, AND TO ALLOW THE RETENTION OF AN INDEPENDENT LAW FIRM TO COLLECT SUBROGATED LOSSES, AND TO DELETE THE PAYOUT SCHEDULE AND REQUIRE CLAIMS TO BE PAID ON A FIRST COME FIRST SERVE BASIS.
(R477) H. 2267 -- Rep. Foxworth: AN ACT TO AMEND SECTION 50-17-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS AND SIZE LIMITS ON SALTWATER FISH AND SHELLFISH, SO AS TO CHANGE THE CLOSED SEASON FOR TAKING, POSSESSING, LANDING, OR SELLING RED DRUM LESS THAN FOURTEEN INCHES IN LENGTH FROM JUNE FIRST TO OCTOBER FIRST OF EACH YEAR.
(R478) H. 3923 -- Rep. Gentry: AN ACT 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.
At 12:40 :P.M. the House resumed, the SPEAKER in the Chair.
Rep. WASHINGTON moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3753 -- Reps. Washington, White, Whipper, Taylor, McBride, Elliott, T. Rogers, Sheheen, Gilbert, Beasley, Faber, J. Brown, Holt, Lewis, Kirsh, Williams, Keyserling, McAbee, Foster, Ferguson, Dangerfield, McLellan, Huff, Carnell, Chamblee and D. Martin: A CONCURRENT RESOLUTION TO REAFFIRM THE COMMITMENT OF THE GENERAL ASSEMBLY TO EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES IN STATE GOVERNMENT AND TO REQUEST STATE AGENCIES TO CONTINUE AND RENEW THEIR EFFORTS TOWARD THIS COMMITMENT.
H. 3991 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 24-30, 1988, AS "NEWBERRY COUNTY JUNIOR PAGEANT WEEK" IN NEWBERRY COUNTY.
H. 4010 -- Rep. White: A CONCURRENT RESOLUTION TO COMMEND THE EFFORTS OF THE AMERICAN LUNG ASSOCIATION OF SOUTH CAROLINA'S MINORITY OUTREACH INITIATIVE AND ACKNOWLEDGE THE NEED FOR SPECIAL EMPHASIS IN THE PREVENTION, CONTROL, AND CURE OF LUNG DISEASE IN THE MINORITY POPULATIONS IN THIS STATE AND DECLARE THE MONTH OF APRIL AS HEALTH AWARENESS MONTH FOR MINORITIES SUFFERING FROM LUNG-RELATED DISEASES.
H. 4063 -- Rep. Klapman: A CONCURRENT RESOLUTION TO COMMEND FORMER SENATOR A.L. HARMON OF LEXINGTON COUNTY, THE LATE WILBUR GRANT OF CHESTER COUNTY, AND THE LATE JOHN A. MAY OF AIKEN COUNTY FOR THEIR WORK IN THE ONE HUNDRED FIFTIETH ANNIVERSARY CELEBRATION OF THE RATIFICATION OF THE UNITED STATES CONSTITUTION BY THE STATE OF SOUTH CAROLINA WHICH WAS HELD IN COLUMBIA ON MAY 23, 1938.
H. 4065 -- Richland Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE DR. C.J. JOHNSON OF COLUMBIA IN RICHLAND COUNTY.
H. 4066 -- Reps. Winstead, Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Mappus: A CONCURRENT RESOLUTION TO CONGRATULATE THE COLLEGE OF CHARLESTON MEN'S BASKETBALL TEAM FOR ITS FINE SEASON AND ITS THIRD PLACE FINISH IN THE NAIA NATIONAL BASKETBALL TOURNAMENT.
H. 4067 -- Reps. Hayes, Foster, Nesbitt, Kirsh, Short and Mattos: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF JOHN RUTHERFORD LONDON, JR., OF YORK COUNTY, WHO DIED MARCH 26, 1988.
H. 4075 -- Reps. J. Bradley, Foxworth, McElveen, McTeer and Short: A CONCURRENT RESOLUTION TO CONGRATULATE CITADEL BASEBALL COACH CHAL PORT FOR HIS MANY ACCOMPLISHMENTS AS HEAD BASEBALL COACH OF THE BULLDOGS, AND TO DECLARE TUESDAY, APRIL 19, 1988, AS CHAL PORT DAY IN CHARLESTON COUNTY.
At 12:44 P.M. the House in accordance with the motion of Rep. M.D. BURRISS adjourned in honor of those families whose lives have been improved by an association with Horrell Hill School, founded in 1897, to meet in Local Session at 10:00 A.M. tomorrow.
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