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 our Father, Whose strength sustains us in our work, Whose hand supports us in our weariness, and Whose presence gives us security in time of crisis, lead us this day "into green pastures and beside still waters", and along the way we should go. When we walk through the valley of uncertainty, keep us sure of Your presence and in that confidence deliver us from all that would distress us. Make our thoughts pure, our goals courageous, and our minds clear as we face the tasks of this day with its opportunities and challenges. With a sincerity of purpose, and a genuiness of motive and an unfaltering trust in God, may we move forward into all that lies ahead.
In our Master's 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 Pro Tempore.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.
The following was received.
May 2, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 982)
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on May 2, 1988 regulations concerning Motor Carriers from the State of South Carolina Public Service Commission.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
Columbia, S.C., May 4, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has continued H. 2210:
H. 2210 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTION 4-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO CONDUCT REFERENDA TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE REFERENDA TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS, AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.
Very respectfully,
President
No. 6
Received as information.
Rep. HUFF, from the Committee on Rules, submitted a favorable report, on:
H. 4239 -- Reps. Arthur, Gentry, McEachin and J. Rogers: A CONCURRENT RESOLUTION TO SET 12:00 NOON ON WEDNESDAY, MAY 18, 1988, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE LAWRENCE E. RICHTER, JR., JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1988.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4057 -- Rep. Huff: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE DRIVERS LICENSE, BY ADDING ARTICLE 11 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF PERSONS CONVICTED OF VIOLATING THE PROVISIONS OF SECTION 61-9-50, GIVING FALSE INFORMATION AS TO AGE TO PURCHASE BEER OR WINE, SECTION 61-9-60, BUYING BEER OR WINE ON LICENSED PREMISES TO GIVE IT TO A PERSON WHO CANNOT LAWFULLY CONSUME IT ON THE PREMISES, SECTION 61-9-61, TRANSFERRING OR GIVING BEER OR WINE TO A PERSON UNDER AGE TWENTY-ONE, SECTION 20-7-370, UNDER AGE POSSESSION OF BEER OR WINE, AND SECTION 20-7-380, UNDER AGE POSSESSION OF ALCOHOLIC LIQUORS, TO PROVIDE THAT THE SUSPENSION IS FOR A PERIOD OF NINETY DAYS FOR A FIRST OFFENSE, SIX MONTHS FOR A SECOND OFFENSE, AND ONE YEAR FOR A THIRD OR SUBSEQUENT OFFENSE, TO PROVIDE THAT A VIOLATION OF ANY OF THE ENUMERATED OFFENSES IS CONSIDERED A PRIOR OFFENSE FOLLOWING CONVICTION OF ANY OF THE OTHER ENUMERATED OFFENSES, AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-837 SO AS TO REQUIRE CONVICTIONS OF THE ENUMERATED OFFENSES TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4117 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-59-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM WITHOUT REASONABLE CAUSE OR IN BAD FAITH SO AS TO REVISE THE AMOUNT OF THE ATTORNEYS' FEES WHICH MAY BE AWARDED BY THE TRIAL JUDGE IN THESE CASES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4108 -- Rep. Hodges: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS PERTAINING TO THE ACT, PROVIDE WHEN LIFE SUSTAINING PROCEDURES MAY BE WITHHELD OR WITHDRAWN AND CLARIFY THE PHYSICIAN'S RESPONSIBILITIES, REVISE THE FORM AND PROCEDURES NECESSARY TO EXECUTE A VALID DECLARATION OF A DESIRE FOR A NATURAL DEATH, PROVIDE NEW REQUIREMENTS FOR REVOCATION OF A DECLARATION, PROVIDE THE CIRCUMSTANCES UNDER WHICH IMMUNITY APPLIES IN RELIANCE UPON A DECLARATION, DETAIL THE DUTIES OF A PHYSICIAN AND HEALTH CARE FACILITY IF A DECLARATION IS NOT EFFECTUATED, AND REVISE THE PENALTIES FOR NONCOMPLIANCE WITH THIS ACT.
Ordered for consideration tomorrow.
The following was introduced:
H. 4240 -- Reps. M.O. Alexander, McLellan, Mappus, Blackwell and T.C. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REVISE ITS UNIFORM TRAFFIC ACCIDENT REPORT FORM (FORM TR-310),SO AS TO REINSERT APPROPRIATE SPACES FOR INFORMATION TO BE ENTERED CONCERNING THE INSURANCE COVERAGE OF ALL PARTIES INVOLVED IN THE ACCIDENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4241 -- Reps. Kirsh and G. Bailey: A CONCURRENT RESOLUTION REOPENING THE FILING PERIOD FOR CANDIDATES SEEKING ELECTION TO BE THE SUCCESSOR TO THE HONORABLE LAWRENCE E. RICHTER, JR., JUDGE OF THE NINTH JUDICIAL CIRCUIT.
Five members objecting to immediate consideration the Resolution was ordered referred to the Committee on Judiciary.
The Senate sent to the House the following:
S. 1483 -- Senators Shealy, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO DESIGNATE THE FIRST WEEK OF JULY, 1988, AS "I AM SOMEBODY WEEK" IN SOUTH CAROLINA.
Whereas, the historically famous, present dignitaries, famous, near famous, and sometimes far from famous persons, committees, commissions, groups, combines, corporations, partnerships, governmental entities, boy scouts, girl scouts, mothers, fathers, teachers, students, Governors, and notaries public, good old boys and dear old girls, animals, bugs, birds, reptiles, trees, stones, fish, and flowers have been celebrated and honored and days, weeks, and months set aside to recognize them; and
Whereas, in South Carolina the greatest cumulative contribution comes from those who have never had a day named for them nor a dinner held in their honor; and
Whereas, in South Carolina everyone is somebody. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the first week of July, 1988, is designated the "I Am Somebody Week" to affirm that all individuals are important, and be it further resolved that each and every South Carolinian is entitled to wear an "I Am Somebody" button, sticker, shirt, medallion, or such other item or device to inform the world that in South Carolina everyone is somebody, and upon proclamation of the Governor, the first week in July will be known in South Carolina as the "I Am Somebody Week".
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1485 -- Senators Thomas E. Smith, Jr., Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO SET 12:00 NOON ON WEDNESDAY, MAY 18, 1988, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE LAWRENCE E. RICHTER, JR., JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1988.
Five members objecting to immediate consideration the Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 4242 -- Rep. Edwards: A CONCURRENT RESOLUTION CONGRATULATING MR. HENRY CAUTHEN OF COLUMBIA, PRESIDENT AND GENERAL MANAGER OF SOUTH CAROLINA EDUCATIONAL TELEVISION, UPON BEING RECOGNIZED AS "OUTSTANDING PUBLIC TELEVISION MANAGER" IN THE COUNTRY.
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 Bailey, K. Baker Barfield Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Felder Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, J. Haskins Hayes Hearn Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Shelton Short Simpson Stoddard Taylor Thrailkill Townsend Washington Wells Whipper White Wilder Williams
I came in after the roll call and was present for the Session on May 5, 1988.
George H. Bailey Alva Humphries John Michael Baxley John J. Snow, Jr. H.E. Pearce, Jr. Michael L. Fair David Wilkins D.L. Aydlette Patrick B. Harris Dave C. Waldrop, Jr. C. Lenoir Sturkie Larry E. Gentry Charles Sharpe Robert A. Kohn David M. Beasley William H. Jones Daniel E. Winstead
LEAVES OF ABSENCE
The SPEAKER Pro Tempore granted Rep. TUCKER a leave of absence for the day.
The SPEAKER Pro Tempore granted Rep. J.H. BURRISS a leave Or absence for the day due to illness.
Rep. P. BRADLEY 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, April 26, 1988.
Rep. J. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 28, 1988.
Reps. LIMEHOUSE and J. BRADLEY signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 4, 1988.
Announcement was made that Dr. Elizabeth R. Baker of Columbia is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4238 -- Reps. Hendricks, Simpson and L. Martin: A BILL TO AMEND ACT 609 OF 1984, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE PICKENS COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT A MEMBER OF THE BOARD MAY NOT RECEIVE HIS MONTHLY EXPENSE ALLOWANCE FOR ANY MONTH IN WHICH HE DOES NOT ATTEND AT LEAST FIFTY PERCENT OF THE MEETINGS OF THE BOARD HELD DURING THAT MONTH.
The following Bill was taken up.
S. 1073 -- Senator Pope: A BILL TO AMEND SECTION 34-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OWNERSHIP OF CERTAIN SHARES OF STOCK AS A CONDITION OF ELIGIBILITY FOR ELECTION AS A BANK DIRECTOR, SO AS TO FURTHER PROVIDE FOR THE STOCK WHICH MUST BE OWNED.
The motion of Rep. FOSTER to reconsider the vote whereby the Bill was given unanimous consent to receive a third reading today was taken up.
Rep. T.M. BURRISS moved to table the motion, which was agreed to.
The motion of Rep. FOSTER to reconsider the vote whereby the Bill was given a second reading was taken up.
Rep. T.M. BURRISS moved to table the motion, which was agreed to.
The Bill was then read the third time, passed and, having received three readings in both Houses it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3769 -- Rep. Edwards: A BILL TO AMEND CHAPTER 23, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL OPERATORS, SO AS TO REDEFINE "OPERATOR", "CERTIFICATE OF REGISTRATION", AND "BOARD", TO DEFINE "PERCOLATION TEST TECHNICIAN" AND "LICENSEE", TO CHANGE THE NAME OF THE SOUTH CAROLINA BOARD OF CERTIFICATION FOR ENVIRONMENTAL SYSTEMS OPERATORS TO THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD, TO DELETE A PROVISION RELATING TO VACANCIES, TO ELIMINATE LANGUAGE NO LONGER APPLICABLE AND PROVISIONS RELATIVE TO PAYMENT OF EXPENSES AND TRANSFER OF FUNDS, TO DELETE REQUIREMENTS FOR SPECIFIC EDUCATIONAL PROGRAMS, TO PROVIDE FOR REGISTRATION OF PERCOLATION TEST TECHNICIANS AND WELL DRILLERS, TO CHANGE REFERENCES TO OPERATORS TO LICENSEES, AND TO ELIMINATE DUTIES OF THE SECRETARY OF THE BOARD.
H. 4133 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO DESIGNATE SECTIONS 12-54-10 THROUGH 12-54-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1, CHAPTER 54 OF TITLE 12 ENTITLED "UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION"; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 5, IN CHAPTER 54 OF TITLE 12, RELATING TO TAX ENFORCEMENT, SO AS TO PROVIDE FOR AUDITS BY SAMPLING PROCEDURES.
Rep. KIRSH explained the Bill.
H. 4179 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF AD VALOREM TAXES ON MOTOR VEHICLES, SO AS TO AUTHORIZE THE TREASURER TO ISSUE PROOF OF PAYMENT BY MEANS OTHER THAN A RECEIPT WITH THE APPROVAL OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Rep. KIRSH explained the Bill.
H. 4181 -- Reps. Kirsh, McLellan, Klapman, Blackwell, Sheheen, P. Harris, Holt, Edwards, Day, Carnell, Keyserling and Mattos: A BILL TO AMEND SECTIONS 2-3-30, 2-3-60, 2-3-100, 2-3-170, 10-1-40, 51-1-75, 59-20-50, 59-63-720, AND 59-65-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, PUBLIC BUILDINGS AND PROPERTY, PARKS, RECREATION AND TOURISM, AND EDUCATION, SO AS TO PROVIDE FOR SUBSISTENCE ALLOWANCES FOR MEMBERS OF THE GENERAL ASSEMBLY AND LIEUTENANT GOVERNOR, TO PROVIDE FOR APPROVAL OF THE PURCHASE OF SUPPLIES FOR THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE ADDITIONAL DUTIES FOR THE SERGEANTS AT ARMS AND DIRECTORS OF SECURITY, TO PROVIDE FOR REIMBURSEMENT OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, TO REVISE THE DUTIES OF THE STATE HOUSE COMMITTEE, TO DEFINE THE RESPONSIBILITIES OF THE JOINT COMMITTEE ON TOURISM AND TRADE, TO PROHIBIT RECEIPT OF HOLD HARMLESS FUNDS BY ADDITIONAL SCHOOL DISTRICTS, AND TO PROVIDE FOR APPROPRIATIONS FOR SCHOOL LUNCH SUPERVISORS AND THE DIVISION OF SCHOOL LUNCH PROGRAM AID APPROPRIATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 2-1-190, 2-3-35, 2-3-55, 2-3-73, 2-3-77, 2-3-85, 2-3-135, 2-3-152, 2-3-155, 2-3-175, 2-3-240, 2-3-250, 2-3-260, 2-3-280, 2-3-290, 2-7-63, 2-11-100, 8-11-75, 11-11-140, 38-73-725, 43-31-160, 46-7-100, 50-1-155, 51-1-100, 51-1-110, 51-1-120, 51-1-130, 51-1-140, 59-20-90, 59-20-100, 59-20-110, 59-21-125, 59-21-135, 59-21-410, 59-21-415, 59-21-435, 59-21-445, 59-25-70, 59-25-80, 59-31-420, 59-47-95, 59-47-97, 59-47-120, 59-51-60, 59-103-160, 59-103-170, 60-11-110, 60-11-120, 60-13-60, AND 60-15-100 SO AS TO PROVIDE FOR FUNDING OF THE DUES TO THE COUNCIL OF STATE GOVERNMENTS AND THE NATIONAL CONFERENCE OF STATE LEGISLATURES, TO PROVIDE FOR SUBSISTENCE EXPENSE PAYMENTS TO THE MEMBERS OF THE GENERAL ASSEMBLY SERVING ON JOINT STUDY COMMITTEES AND TO AMEND SECTION 2-3-30, RELATING TO SUBSISTENCE EXPENSES FOR MEMBERS AND THE LIEUTENANT GOVERNOR, SO AS TO DETAIL THE CIRCUMSTANCES UNDER WHICH SUBSISTENCE IS ALLOWED, TO PROVIDE FOR INSTALLATION OF TELEPHONE SERVICE IN THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE FOR THE PREPARATION OF EXPENSE AND COMPENSATION VOUCHERS OF GENERAL ASSEMBLY COMMITTEES AND FOR THE APPROVAL OF SENATE PAYROLL AND DISBURSEMENT VOUCHERS AND INTERDEPARTMENTAL TRANSFERS, TO PROVIDE FOR THE MANAGEMENT OF THE LEGISLATIVE INFORMATION SYSTEMS, TO PROVIDE THAT THE CLERK OF THE HOUSE OF REPRESENTATIVES IS REQUIRED TO SEND ONLY ONE COPY OF EACH ACT TO THE COUNTY CLERKS OF COURT, TO PROVIDE FOR APPOINTMENTS OF THE DIRECTORS OF RESEARCH FOR THE HOUSE OF REPRESENTATIVES AND THEIR TITLES, TO PROVIDE FOR THE PAYMENT OF THE SALARIES OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, TO PROVIDE FOR PAYMENT OF TEMPORARY CLERICAL HELP FOR THE SENATE FINANCE AND JUDICIARY COMMITTEES, PRESIDENT OF THE SENATE, HOUSE OF REPRESENTATIVES WAYS AND MEANS AND JUDICIARY COMMITTEES, SPEAKER OF THE HOUSE, CLERKS OF THE SENATE AND HOUSE, AND LEGISLATIVE COUNCIL, TO PROVIDE THAT NO PER DIEM MAY BE PAID TO ANY LEGISLATIVE OFFICIAL OR EMPLOYEE FROM MORE THAN ONE SOURCE FOR ANY ONE DAY, TO PROVIDE FOR PICTURES TO BE MADE OF THE STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES, TO PROVIDE FOR AUDITING OF APPROVED ACCOUNTS OF THE SENATE, HOUSE OF REPRESENTATIVES, SPECIAL SERVICES FOR THE SENATE AND HOUSE, LEGISLATIVE COUNCIL, AND JOINT LEGISLATIVE COMMITTEES AND PROVIDE FOR THE FUNDING AND OPERATION OF THE COMMITTEES, TO PROVIDE FOR THE SENATE STANDING COMMITTEES TO CONTRACT FOR NECESSARY PROJECTS, PROGRAMS, AND SERVICES, TO PROVIDE FOR THE BENEFITS AND COMPENSATION FOR THE NURSES WHO PROVIDE SPECIAL SERVICES TO THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE FOR EACH COMMITTEE OF THE SENATE AND HOUSE OF REPRESENTATIVES AND EACH JOINT LEGISLATIVE COMMITTEE TO PROVIDE A LIST TO THE GENERAL ASSEMBLY OF ALL EMPLOYEES WHO HOLD DUAL POSITIONS OF STATE EMPLOYMENT, TO REQUIRE AN AUDIT OF JOINT LEGISLATIVE COMMITTEE APPROPRIATIONS, TO PROVIDE FOR LEGISLATIVE COUNCIL RESEARCH EMPLOYEES TO BE AVAILABLE TO WORK WITH SENATE AND HOUSE OF REPRESENTATIVE COMMITTEES, TO PROVIDE FOR PAYROLL DEDUCTIONS FOR PARKING FEES, TO PROVIDE FOR THE DESIGNATION AND SALARIES OF LEGISLATIVE EMPLOYEES PROVIDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, TO PROVIDE FUNDS FOR THE OPERATION OF THE STATE RATING AND STATISTICAL DIVISION OF THE INSURANCE DEPARTMENT, TO PROVIDE THAT REVENUES FROM PRODUCTION BY TRAINEES AT VOCATIONAL REHABILITATION FACILITIES MAY BE USED BY THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO REQUIRE CLEMSON UNIVERSITY, REGULATORY AND PUBLIC SERVICE DIVISION, TO REMIT REVENUES TO THE GENERAL FUND OF THE STATE, TO PROVIDE FOR USE OF THE GAME PROTECTION FUND, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM WHEN EXPENDING APPROPRIATIONS FOR A CANADIAN PROMOTION SHALL DESIGNATE ONE DAY OF THE PROMOTION AS "CANADIAN DAY" AND TO PROVIDE THAT ALL CANADIANS ARE ALLOWED ADMITTANCE TO STATE PARKS AND USE OF PARK CAMPING FACILITIES ON CANADIAN DAY FREE OF CHARGE, TO PROVIDE THAT FUNDING OF REGIONAL TOURISM PROMOTION COMMITTEES IS CONTINGENT UPON AT LEAST A TWENTY-FIVE PERCENT MATCH FROM LOCAL SOURCES, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM IS AUTHORIZED TO ESTABLISH A SCHOLARSHIP PROGRAM WITH CLEMSON UNIVERSITY TO ASSIST STUDENTS IN THE SCHOOL OF PARKS, RECREATION AND TOURISM MANAGEMENT, TO PROVIDE THAT ANY MONIES DERIVED FROM THE GIFT/SOUVENIR SHOP AT THE BOYLESTON HOUSE MUST BE USED FOR ITS CONTINUING OPERATION, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM IS AUTHORIZED TO CHARGE A FEE TO COMMERCIAL CONCERNS FOR THE COST OF VACATION GUIDES, RESEARCH REPORTS, AND MAILING LISTS AND TO PROVIDE FOR THE MANNER IN WHICH THESE FEES ARE DISTRIBUTED AND USED, TO PROVIDE FOR DISBURSEMENT OF EDUCATION FUNDS TO THE DEPARTMENT OF YOUTH SERVICES, TO FUND THE PALMETTO UNIFIED SCHOOL DISTRICT, TO PROVIDE THAT SPECIFIC APPROPRIATIONS MUST INCLUDE LOCAL FINANCIAL SUPPORT FOR EDUCATION, TO PROVIDE FOR THE USE OF DIRECT AID TO SCHOOL DISTRICTS' APPROPRIATIONS, TO PROVIDE FOR ADJUSTMENTS IN SCHOOL, DISTRICT ENTITLEMENTS FOR WEIGHTED PUPIL UNITS, TO PROVIDE FOR REDUCTION OF SCHOOL BUILDING AID DURING REVENUE SHORTFALLS, TO EXEMPT VOCATIONAL EDUCATION FACILITIES AND EQUIPMENT FROM PURCHASE OR CONSTRUCTION CONTRACTS, TO PROVIDE THAT SCHOOL BUILDING AID APPROPRIATIONS MUST BE HELD IN TRUST UNTIL USED AS PROVIDED BY SECTION 59-21-350, TO EXEMPT TEACHERS IN YOUTH SERVICES, CORRECTIONS, AND DEAF AND BLIND SCHOOLS FROM HUMAN RESOURCE MANAGEMENT CLASSIFICATION, TO REQUIRE MAINTENANCE OF TEACHER LOCAL SALARY SUPPLEMENTS, TO PROVIDE FOR UPKEEP OF USED TEXTBOOKS, TO AUTHORIZE THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO CHARGE APPROPRIATE TUITION, ROOM AND BOARD, AND OTHER FEES TO STUDENTS ACCEPTED INTO THE ADULT VOCATIONAL PROGRAM, AND TO PROVIDE THAT THESE FEES MUST BE DETERMINED BY THE SCHOOL'S BOARD OF COMMISSIONERS, TO AUTHORIZE THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO CHARGE APPROPRIATE FEES FOR HOUSING OF HEARING IMPAIRED ADULTS WHO RECEIVE VOCATIONAL EDUCATION SERVICES BY THE VOCATIONAL REHABILITATION FACILITY ON THE SCHOOL'S CAMPUS, AND TO PROVIDE THAT FEES MUST BE DETERMINED BY THE SCHOOL'S BOARD OF COMMISSIONERS AND THAT SUCH REVENUE MUST BE RETAINED BY THE SCHOOL TO OFFSET CERTAIN ADDITIONAL OPERATING COSTS, TO AUTHORIZE SCHOOL BUSES OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO TRAVEL AT SPEEDS UP TO FIFTY-FIVE MILES AN HOUR, NOT TO EXCEED THE POSTED LIMIT, AND TO PROVIDE THAT NO FUNDS APPROPRIATED FOR EQUIPMENT MAY BE USED FOR THE PURCHASE OF GOVERNORS FOR SCHOOL BUSES OF THE SCHOOL, TO REQUIRE THE WIL LOU GRAY OPPORTUNITY SCHOOL TO PROVIDE EDUCATION SERVICES FOR TRUANT STUDENTS, TO REQUIRE NOTICE OF FEE RAISES BY STATE-SUPPORTED COLLEGES AND UNIVERSITIES, TO REQUIRE APPROVAL OF DISPOSAL OF LOCAL HIGHER EDUCATION REAL PROPERTY, TO PROVIDE FOR GIFTS BY THE STATE MUSEUM COMMISSION TO EDUCATIONAL INSTITUTIONS, TO AUTHORIZE THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY TO SUPPLY ONE FREE COPY OF EACH NEW PUBLICATION TO CERTAIN LIBRARIES AND PERSONS, TO PROVIDE THAT THE FUNDS EARNED FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR BY THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY FOR ADMINISTERING THE NATIONAL HISTORIC PRESERVATION PROGRAM IN THIS STATE, WITH THE EXCEPTION OF CERTAIN MONIES, MUST BE DEPOSITED IN A SPECIAL ACCOUNT IN THE STATE TREASURY, TO BE USED BY THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY FOR A HISTORIC PRESERVATION GRANTS PROGRAM, AND TO PROVIDE FOR THE USE BY THE SOUTH CAROLINA ARTS COMMISSION OF REVENUES DERIVED FROM ARTS EVENTS AND BALANCES AT END OF THE FISCAL YEAR.
H. 4189 -- Reps. Sheheen, J. Rogers, J. Bradley, Dangerfield and Beasley: A BILL TO AMEND SECTIONS 40-57-90 AND 40-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY REQUIREMENTS FOR REAL ESTATE SALESMEN, BROKERS, AND PROPERTY MANAGERS, SO AS TO DELETE THE REQUIREMENT THAT IN ORDER TO OBTAIN A REAL ESTATE LICENSE A PERSON MUST BE A RESIDENT OF SOUTH CAROLINA, AND TO PROVIDE FOR THE LICENSING AND REGULATION OF NONRESIDENT REAL ESTATE SALESMEN, BROKERS, AND PROPERTY MANAGERS.
H. 3741 -- Rep. Beasley: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO TEST TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS IN THE SYSTEM OF A MOTOR VEHICLE OPERATOR, SO AS TO REQUIRE HEARINGS TO BE HELD AS PROVIDED BY ARTICLE 3, CHAPTER 23, TITLE 1 OF THE 1976 CODE (THE ADMINISTRATIVE PROCEDURES ACT).
H. 4212 -- Labor, Commerce and Industry Committee A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO LICENSE CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4214 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO INSTRUCTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 967, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4228 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, RELATING TO THE CONSUMPTION, POSSESSION AND SALE OF ALCOHOLIC BEVERAGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 950, PURSUANT TO THE PROVISIONS OF ARTICLE CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SNOW moved to adjourn debate upon the following Bill, which was adopted.
S. 1122 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO HAVE BUCKSHOT OR ANY SHOT LARGER THAN NUMBER FOUR OR ANY RIFLE AMMUNITION OF A GREATER CALIBRE THAN TWENTY-TWO AND A WEAPON CAPABLE OF FIRING THE AMMUNITION IN POSSESSION OR HAVE IMMEDIATE ACCESS TO ANY OF THEM WHILE USING ARTIFICIAL LIGHTS HUNTING AT NIGHT, TO PROVIDE PENALTIES, AND TO DELETE A REFERENCE TO PRIMA FACIE.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 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.
S. 1381 -- Education Committee: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT, SO AS TO DELETE THE PROVISIONS PERTAINING TO FUNDING FOR ELIGIBLE COMPENSATORY AND REMEDIAL CHILDREN AND FOR BLOCK GRANTS AND PERTAINING TO REGULATIONS AND TO PROVIDE THAT NO STUDENT WHO SCORES AT OR ABOVE BASIC SKILLS ASSESSMENT PROGRAM STANDARD IS ELIGIBLE FOR EITHER COMPENSATORY OR REMEDIAL FUNDING.
S. 1382 -- Education Committee: A BILL TO AMEND SECTION 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR AND EVALUATION AND TRAINING OF SCHOOL PRINCIPALS, SO AS TO PROVIDE FOR AN EVALUATION ONCE EVERY THREE YEARS INSTEAD OF ONCE EVERY FOUR YEARS AND FOR EVALUATION AND VALIDATION ONE YEAR AFTER A TRAINING PROGRAM IS COMPLETED.
S. 1439 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO OBTAINING AND HANDLING BLOOD AND URINE SAMPLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 972, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. FOXWORTH moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
S. 1122 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO HAVE BUCKSHOT OR ANY SHOT LARGER THAN NUMBER FOUR OR ANY RIFLE AMMUNITION OF A GREATER CALIBRE THAN TWENTY-TWO AND A WEAPON CAPABLE OF FIRING THE AMMUNITION IN POSSESSION OR HAVE IMMEDIATE ACCESS TO ANY OF THEM WHILE USING ARTIFICIAL LIGHTS HUNTING AT NIGHT, TO PROVIDE PENALTIES, AND TO DELETE A REFERENCE TO PRIMA FACIE.
Rep. FOXWORTH explained the Bill.
The Bill was then read the third time and ordered returned to the Senate with amendments.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1371 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 58-23-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE OR BONDING REQUIREMENTS IN ORDER FOR MOTOR VEHICLE CARRIERS TO BE ISSUED A CERTIFICATE BY THE PUBLIC SERVICE COMMISSION, SO AS TO PERMIT A CARRIER TO FURNISH THE COMMISSION WITH A CERTIFICATE OF SELF-INSURANCE FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THIS SECTION.
S. 1287 -- Senators Bryan, J. Verne Smith, Thomas, Stilwell and Mitchell: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO DEFINE "INTENSIVE RESIDENTIAL TREATMENT FACILITY FOR CHILDREN AND YOUTH" AND ADD THOSE FACILITIES TO THE FACILITIES INCLUDED IN THE DEFINITION OF HEALTH CARE FACILITY AND HOSPITAL AND TO DEFINE "BEHAVIORALLY IMPAIRED CHILDREN".
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3677 -- Reps. Klapman, Sturkie, Sharpe and Derrick: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE COMMISSION, TO DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, TO PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION OF MIDLANDS TECHNICAL COLLEGE, AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59 OF THE 1976 CODE, RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 4, by Reps. HEARN, J BROWN, M.D. BURRISS, et al.
Rep. SHARPE moved to table the amendment
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Baker Blackwell Cooper Derrick Foxworth Holt Kirsh Klapman Limehouse Pettigrew Phillips, O. Rice Sharpe
Those who voted in the negative are:
Brown, J. Burriss, M.D. Cole Cork Corning Faber Hearn Humphries Martin, D. McBride Rogers, T. Simpson Taylor Waldrop
So, the House refused to table the amendment.
This Bill was debated while I was involved in an Environmental Affairs Subcommittee meeting. If I had been present I would have voted in favor of passage of the Bill as introduced.
Rep. LENOIR STURKIE
Reps. TAYLOR, McBRIDE, T. ROGERS and CORNING objected to the Bill.
Rep. MAPPUS moved to adjourn debate upon the following Bill, which was adopted.
S. 890 -- Senator Mitchell: A BILL TO AMEND SECTION 38-77-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNINSURED AND UNDERINSURED AUTOMOBILE INSURANCE, SO AS TO PROVIDE THAT UNDERINSURED INSURANCE COVERAGE MAY BE LIMITED TO THE AMOUNT OF THE INSURED'S LIABILITY COVERAGE OR UP TO ONE HUNDRED THOUSAND DOLLARS, WHICHEVER IS THE LARGER COVERAGE.
Rep. McABEE moved to adjourn debate upon the following Bill until Wednesday, May 11, which was adopted.
H. 3456 -- Rep. McEachin: A BILL TO AMEND SECTION 50-21-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS OF THE DIVISION OF BOATING OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AS TO THE CONSTRUCTION, EQUIPMENT, AND SAFETY STANDARDS OF BOATS, SO AS TO REQUIRE THE DIVISION TO PROMULGATE REGULATIONS WHICH REQUIRE THAT BOATS WITH INBOARD MOTORS OR INBOARD/OUTBOARD MOTORS ARE EQUIPPED WITH MUFFLERS IN GOOD WORKING ORDER OR WITH AN ACCEPTABLE SOUND RETARDING COVERING TO PREVENT EXCESSIVE, UNUSUAL, OR ANNOYING NOISE.
The following Bill was taken up.
S. 1127 -- Senators Drummond and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-85 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO NEGLIGENTLY OR RECKLESSLY USE A FIREARM OR ARCHERY TACKLE WHILE HUNTING AND TO PROVIDE PENALTIES.
Debate was resumed on Amendment No. 2, which was proposed on Wednesday, May 4, by Rep. WILKINS.
Rep. FOXWORTH explained the amendment and moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
S. 1295 -- General Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-645 SO AS TO DESIGNATE THE CAROLINA MANTID (PRAYING MANTIS) THE OFFICIAL STATE INSECT AND TO PROVIDE FOR ITS INCLUSION IN THE APPROPRIATE SECTION OF THE LEGISLATIVE MANUAL.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 27, by Rep. AYDLETTE.
Rep. AYDLETTE moved to table the amendment, which was agreed to.
Rep. AYDLETTE proposed the following Amendment No. 2 (Doc. No. 3607J), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION. After the 1988 session of the General Assembly nothing may be designated as an official state emblem, animal, or other thing such as is listed in Article 9, Chapter 1, of Title 1 of the 1976 Code unless the bill designating it receives the vote of ninety-three members of the House of Representatives and thirty-five Senators./
Renumber sections to conform.
Amend title to conform.
Rep. AYDLETTE 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. L. MARTIN, with unanimous consent, it was ordered that S. 1295 be read the third time tomorrow.
Rep. HUFF, from the Committee on Rules, submitted a favorable report, on:
S. 1485 -- Senators Thomas E. Smith, Jr., Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO SET 12:00 NOON ON WEDNESDAY, MAY 18, 1988, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE LAWRENCE E. RICHTER, JR., JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1988.
The following Concurrent Resolution was taken up.
S. 1485 -- Senators Thomas E. Smith, Jr., Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO SET 12:00 NOON ON WEDNESDAY, MAY 18, 1988, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE LAWRENCE E. RICHTER, JR., JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1988.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint assembly in the hall of the House of Representatives at 12:00 noon, Wednesday, May, 18, 1988 to elect a successor to The Honorable Lawrence E. Richter, Jr., Judge of the Ninth Judicial Circuit, whose term expires June 30, 1988.
Reps. T. ROGERS, KIRSH, G. BAILEY and KLAPMAN proposed the following Amendment No. 1 (Doc. No. 3677J), which was tabled.
Amend the concurrent resolution, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. The filing period for candidates desiring to offer for Judge of the Ninth Judicial Circuit presently held by The Honorable Lawrence E. Richter, Jr., is reopened for one week beginning with the adoption of this resolution and the process used for screening candidates must be as provided by law./
Renumber sections to conform.
Amend title to conform.
Rep. HOLT moved to adjourn debate upon the amendment, which was rejected.
Rep. McEACHIN raised the Point of Order that it was improper to amend a resolution from the Rules Committee setting another Bill for Special Order, and that the Resolution, in effect, was a Special Order Resolution.
Rep. AYDLETTE stated that it was proper to amend a Resolution from the Rules Committee.
Rep. McTEER cited Rule 6.3, Section 14, subsection (b) as the basis for Rep. McEACHIN's point.
The SPEAKER Pro Tempore stated that this was not a Special Order Resolution, but a resolution setting a time for an election, with a report from the Rules Committee.
Rep. T. ROGERS explained the amendment.
Rep. GREGORY moved that the House resolve itself into a Committee of the Whole.
Rep. WILKINS moved to table the motion.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bailey, G. Bailey, K. Baker Baxley Beasley Bennett Blanding Bradley, P. Brown, G. Brown, H. Brown, R. Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Corning Davenport Edwards Fair Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hayes Hearn Hodges Huff Humphries Johnson, J.C. Kirsh Klapman Limehouse Lockemy Mappus Martin, D. Martin, L. McAbee McBride McCain McEachin McGinnis McLeod, J.W. Neilson Nesbitt Nettles Pettigrew Petty Rogers, J. Shelton Simpson Taylor Townsend Waldrop Wells Wilder Wilkins
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Blackwell Boan Day Derrick Foxworth Gregory Hendricks Holt Johnson, J.W. Keyserling Phillips, O. Rice Rudnick Snow Stoddard Sturkie
So, the motion to table was agreed to.
Rep. T. ROGERS continued speaking.
Rep. McEACHIN raised the Point of Order that the remarks of the member speaking were not germane to the amendment.
The SPEAKER Pro Tempore cautioned the member to contain his remarks to the question before the House.
Rep. T. ROGERS continued speaking.
Rep. HOLT spoke in favor of the amendment.
Rep. HOLT continued speaking.
Rep. J. ROGERS spoke against the amendment.
Rep. J. BRADLEY spoke against the amendment.
Rep. KLAPMAN inquired whether the member was speaking on the amendment or on the Resolution.
The ACTING SPEAKER stated that the member was speaking on the amendment.
Rep. J. BRADLEY continued speaking.
Rep. T. ROGERS spoke in favor of the amendment.
Reps. FOXWORTH and LIMEHOUSE spoke in favor of the amendment.
Rep. WILKINS moved to table the amendment.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, J. Brown, R. Burch Clyborne Cole Davenport Edwards Fair Ferguson Foster Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hendricks Hodges Huff Johnson, J.W. Jones Keyserling Kohn Lanford Lockemy Martin, D. Martin, L. Mattos McEachin McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rogers, J. Shelton Sturkie Taylor Waldrop Washington Wells Whipper Wilder Wilkins Williams
Those who voted in the negative are:
Aydlette Bailey, G. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Cork Corning Day Derrick Faber Foxworth Hearn Holt Humphries Johnson, J.C. Kirsh Klapman Limehouse Mappus McAbee McBride McCain Pettigrew Rice Rogers, T. Rudnick Sharpe Short Simpson Stoddard Townsend
So, the amendment was tabled.
Reps. FOXWORTH, G. BAILEY, HOLT and LIMEHOUSE objected to immediate consideration of the Resolution.
Rep. McEACHIN raised the Point of Order that the matter was up for immediate consideration, that the matter was a Concurrent Resolution, not a Bill, and therefore could not be placed on the Contested Calendar by virtue of objections.
Rep. HOLT stated that objections could be placed on the Resolution.
The SPEAKER Pro Tempore stated that it would take five objections to place the Resolution on the Calendar.
Rep. CORNING objected to immediate consideration of the Resolution.
Rep. McEACHIN raised the Point of Order that the objections came too late, that objections must be made prior to immediate consideration of the Resolution.
The SPEAKER Pro Tempore stated that objections may come at any time prior to the passage of the Resolution. He then stated that he would interpret Rule 5.16, second paragraph, as requiring the Resolution be placed on the Calendar if five members object.
Rep. McEACHIN raised the Point of Order that under Rule 5.16, second paragraph, it provides that immediate consideration is ordered unless five members object. Five members did not object when immediate consideration was ordered, therefore it was too late for objections to be raised.
Rep. P. BRADLEY argued that the Rule was contradictory in that it provides for immediate consideration, but also requires that the Resolution be printed in the same manner as prescribed by Rule 5.9. He further stated that this allowed for the Resolution to receive immediate consideration, and five members may not have objected, but once there was an attempt to amend the Resolution, that a member then hac the right to object to consideration of the Resolution.
Rep. L. MARTIN then cited precedent of Wednesday, March 27, 1985, where a similar point was raised on immediate consideration of a report of the Rules Committee. He stated that Rule 8.4 provided that a report of the Rules Committee is up for immediate consideration, and that the SPEAKER ruled that a report of the Rules Committee not only interrupted debate for presentation, but also for consideration. He further stated that as a result of that precedent, Concurrent Resolutions were not subject to the 24-hour Point, and he concluded that the matter must be up for immediate consideration.
Rep. J. BRADLEY stated that Rule 8.4 would bring the matter up for immediate consideration before the House, as it was the same as a Special Order resolution from the Rules Committee, and the Rule states that debate is interrupted by a report of or a resolution from the Rules Committee.
Rep. T. ROGERS argued that the Rules Committee must report a Resolution out of the Committee in the form of a Special Order resolution, which they did not do in this case. As a simple report from Committee, objections may be raised at any time, and the Resolution placed on the Calendar, as in the case of a Bill.
Rep. HUFF stated that when the Senate Resolution was first read across the desk, the question was one of immediate consideration, and objections were raised and the Resolution referred to the Rules Committee. He further stated that, as the Resolution had been voted upon by the Rules Committee, and reported out of Committee, the question must be that of immediate consideration, which would be tantamount to Special Order consideration.
Rep. LIMEHOUSE cited Rule 5.16, second paragraph, in that the Resolution must be printed, and therefore raised the Point of Order that the matter may not be considered until printed.
The SPEAKER Pro Tempore, citing Rule 5.16, stated that five members objected, the Resolution was referred to the Rules Committee and reported out of Committee. He then cited Rule 8.4, "a question before the House shall be suspended by:... a report or resolution of the Committee on Rules". He further stated that the word "shall" was used in the Rule and was precatory, therefore he ruled that the report of the Rules Committee would suspend all other activity and be the only matter before the House until disposed of.
Rep. P. BRADLEY moved that the House do now adjourn.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bradley, P. Brown, H. Davenport Foxworth Rice Simpson Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, J. Brown, R. Burch Burriss, M.O. Burriss, T.M. Carnell Chamblee Clyborne Cole Cork Dangerfield Day Derrick Edwards Elliott Faber Fair Foster Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Kohn Koon Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. McAbee McBride McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rogers, J. Rogers, T. Rudnick Shelton Short Snow Stoddard Sturkie Taylor Townsend Waldrop Washington Wells Whipper White Wilder Wilkins
So, the House refused to adjourn.
The Concurrent Resolution was then adopted and ordered returned to the Senate.
The following was introduced:
H. 4243 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S.1147, RELATING TO A FORMULA FOR DETERMINING THE FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES FOR AGRICULTURAL REAL PROPERTY FOR TAX YEARS BEGINNING AFTER 1987, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR ON THURSDAY, MAY 5, 1988, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S.1147 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S.1147 be set by special order for second reading or other consideration immediately following the call of the uncontested calendar on Thursday, May 5, 1988, and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S.1147 is given third reading or it is otherwise disposed of.
Rep. E.B. McLEOD proposed the following Amendment No. 1, which was tabled.
Amend as and if amended, Resolution to set S. 1147 to Special Order by striking Thursday, May 5, 1988, and inserting Wednesday, May 11, 1988.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 42 to 17.
Rep. E.B. McLEOD spoke against the Resolution.
Rep. KIRSH raised the Point of Order that the debate was out of order as Special Order resolutions are non-debatable.
The SPEAKER Pro Tempore, citing Rule 6.2, sustained the Point of Order.
Rep. G BROWN proposed the following Amendment No. 2, which was adopted.
Amend as and if amended, House Resolution to set S. 1147 to Special Order by striking Thursday, May 5, 1988, and inserting Tuesday, May 10, 1988.
Rep. G. BROWN explained the amendment.
Rep. KIRSH raised the Point of Order that the debate was out of order as Special Order resolutions are non-debatable.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. KIRSH moved to table the amendment.
Rep. E.B. McLEOD demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 28 to 31.
The question then recurred to the adoption of the amendment, which was agreed to.
The Resolution, as amended, was then adopted.
On motion of Rep. GILBERT, with unanimous consent, the following was taken up for immediate consideration:
H. 4244 -- Rep. Gilbert: A HOUSE RESOLUTION TO DESIGNATE THURSDAY, MAY 12, 1988, AS "BOYS' CLUB DAY" IN SOUTH CAROLINA AND TO INVITE ALL CONTESTANTS FOR THE YOUTH OF THE YEAR AWARD AND THEIR CLUB DIRECTORS TO ATTEND A SESSION OF THE HOUSE OF REPRESENTATIVES IN THE HALL OF THE HOUSE AT 11:00 A.M. ON THURSDAY, MAY 12, 1988, SO THAT THE HOUSE MEMBERS MAY RECOGNIZE AND COMMEND THE CONTESTANTS, THEIR CLUB DIRECTORS, AND THE RECIPIENT OF THE SOUTH CAROLINA BOYS' CLUB YOUTH OF THE YEAR AWARD.
Whereas, the members of the House of Representatives designate Thursday, May 12, 1988, as "Boys' Club Day" in South Carolina; and
Whereas, the South Carolina Area Council of the the South Carolina Boys' Club annually selects the South Carolina Boys' Club Youth of the Year; and
Whereas, the youth selected must have demonstrated unselfish service and exceptional leadership qualities in the Boys' Club; and
Whereas, further elements for consideration for the Youth of the Year award are letters of reference, school activities, community service, and activities with the club; and
Whereas, the applicants are also required to write an essay on the subject "What the Boys' Club Means to Me" and, in addition, he must have overcome a major obstacle in his life; and
Whereas, the South Carolina Youth of the Year will compete with youths from other states for the national award which will be presented by President Ronald Reagan; and
Whereas, all the youths in the Boys' Clubs from throughout South Carolina who are competing for this prestigious award are to be commended and congratulated for their participation, interest, and desire to improve their own lives and skills and by so doing are setting an example for the youth of this nation that sacrifice, perseverance, and service leads to self-esteem, satisfaction, and accomplishment. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina designate Thursday, May 12, 1988, as "Boys' Club Day" in South Carolina.
Be it further resolved that all contestants for the Youth of the Year award and their club directors are invited to attend a meeting of the House of Representatives in the Hall of the House at 11:00 A.M. on Thursday, May 12, 1988, so that the House members may recognize and commend the contestants, their club directors, and the recipient of the South Carolina Boys' Club Youth of the Year award.
The Resolution was adopted.
The following was introduced:
H. 4245 -- Reps. J. Rogers and Washington: A CONCURRENT RESOLUTION SALUTING MARIAN WRIGHT EDELMAN, ORIGINALLY OF MARLBORO COUNTY, NOW OF WASHINGTON, D.C., ON THE OCCASION OF HER RECEIVING THE DEGREE OF HONORARY DOCTOR OF SOCIAL WORK FROM THE UNIVERSITY OF SOUTH CAROLINA IN COLUMBIA ON MAY 7, 1988.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4246 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.2710, RELATING TO DEFINING A MINOR AS ANY FEMALE UNDER SEVENTEEN YEARS OF AGE, REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR FURNISHING PROOF OF AGE AND REQUIRING GUARDIAN OR PARENTAL RELATIONSHIP PRIOR TO PERFORMING AN ABORTION ON A MINOR, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THIRD READING OR OTHER DISPOSITION OF S.1147, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S.1147 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.2710 be set by special order for second reading or other consideration immediately following third reading or other disposition of S.1147 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H.2710 is given third reading or it is otherwise disposed of.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1486 -- Senators Hayes, Peeler and Hinson: A CONCURRENT RESOLUTION TO COMMEND THE MANY VOLUNTEERS AND RESCUE WORKERS WHO ASSISTED THIRTY-FIVE CHILDREN AND EIGHT ADULTS WHO WERE INJURED WHEN A CHARTER BUS WENT OFF THE ROAD AND OUT-OF-CONTROL ON INTERSTATE 77 IN YORK COUNTY ON APRIL 19, 1988.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. HASKINS withdrew his objection to the following Bill.
S. 943 -- Senator Garrison: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING TEACHER TRAINING PROGRAMS, SO AS TO DELETE THE PROVISION THAT LIMITS UNDERGRADUATES MAJORING IN EDUCATION TO TAKING THE BASIC SKILLS EXAMINATION MORE THAN THREE TIMES AND TO REQUIRE THAT THE TEST BE ADMINISTERED AT LEAST TWICE YEARLY.
The Senate Amendments to the following Concurrent Resolution were taken up for consideration.
H. 4083 -- Reps. Beasley, Hayes, Fair, Corning and Hearn: A CONCURRENT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN TO MAKE A COMPREHENSIVE STUDY TO DETERMINE WHETHER THIS STATE NEEDS TO CONSOLIDATE THE SERVICES IT PROVIDES TO CHILDREN AND CREATE AN INTEGRATED AGENCY FOR THE PROVISION OF THE SERVICES.
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration.
H. 4101 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 40-47-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO CHANGE CERTIFICATION REQUIREMENTS OF A RESPIRATORY CARE PRACTITIONER AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-47-625 SO AS TO ALLOW THE ISSUANCE OF A TEMPORARY CERTIFICATE TO A RESPIRATORY CARE PRACTITIONER.
Rep. MOSS proposed the following Amendment No. (Doc. No. 3731J), which was adopted.
Amend the bill, as and if amended, by striking Section 4 and inserting:
/SECTION 4. Section 40-47-140 of the 1976 Code is amended to read:
"Section 40-47-140. The Board board shall by rules and regulations regulation shall establish minimum standards of performance to be attained on examinations for an applicant to qualify for a license.
For FLEX examinations taken before June 1, 1985, the applicant qualifies for a license if, in one sitting, he attained a score of at least seventy-five percent each day or a FLEX weighted average of seventy-five percent or better if no score on any individual part is lower than seventy-four."/
Amend title to conform.
Rep. LOCKEMY 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.
On motion of Rep. LOCKEMY, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.
H. 2450 -- Reps. Foster, Blackwell, Blanding, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cork, Corning, Davenport, Day, Derrick, Elliott, Evatt, Fair, Gordon, P. Harris, Harvin, Hayes, Hearn, Hendricks, Huff, Koon, Lockemy, Mattos, McAbee, E.B. McLeod, T. Rogers, Toal, Winstead and Nesbitt: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOCIAL WORKERS, SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF SOCIAL WORKER REGISTRATION, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE STRINGENTLY REGULATE SOCIAL WORKERS, AND TO REPEAL SECTION 40-63-90 OF THE 1976 CODE RELATING TO THE AUTHORITY OF THE BOARD OF SOCIAL WORKERS REGISTRATION TO PROMULGATE REGULATIONS REQUIRING CONTINUING EDUCATION.
Rep. SHARPE moved that the House recur to the morning hour.
Rep. T. ROGERS moved to table the motion, which was agreed to.
Rep. T. ROGERS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4242 -- Rep. Edwards: A CONCURRENT RESOLUTION CONGRATULATING MR. HENRY CAUTHEN OF COLUMBIA, PRESIDENT AND GENERAL MANAGER OF SOUTH CAROLINA EDUCATIONAL TELEVISION, UPON BEING RECOGNIZED AS "OUTSTANDING PUBLIC TELEVISION MANAGER" IN THE COUNTRY.
At 12:05 P.M. the House in accordance with the motion of Rep. T. ROGERS adjourned to meet at 10:00 A. M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:38 P.M.