Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal Father Whose blessings are renewed for us each day and Whose wisdom is sufficient for all our needs, we thank You for these moments of prayer. With bowed heads and closed eyes, may there come to us the lure of far horizons and the light of lifted skies. Keep before us the vision of a better South Carolina in a better world. Make of us wise craftsmen in the art of government. Keep us alert and prayerful, growing each day in the way of our God Whose teachings are impeccable and altogether right. Enable us to embrace in our minds the words of the Psalmist: "Bless the Lord, O my soul; and all that is within me, bless His Holy Name". (Psalm 103:1)
We pray in our Redeemer's Name. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., May 18, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, McConnell and Branton of the Committee of Free Conference on the part of the Senate on H. 3336:
H. 3336 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE BY ADDING SECTION 38-37-145 SO AS TO PROVIDE THAT EVERY AUTOMOBILE INSURANCE POLICY OR OTHER POLICY CONTAINING AUTOMOBILE INSURANCE COVERAGE ON THE FACE OF THE POLICY MUST STATE THE COMPLETE NAME OF THE COMPANY ISSUING THE POLICY, ITS ADDRESS, AND TELEPHONE NUMBER AND THE NAME, ADDRESS, AND TELEPHONE NUMBER OF ITS RESIDENT INSURANCE ADJUSTOR.
Very respectfully,
President
No. 69
Received as information.
The following was received.
Columbia, S.C., May 18, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3336:
H. 3336 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE BY ADDING SECTION 38-37-145 SO AS TO PROVIDE THAT EVERY AUTOMOBILE INSURANCE POLICY OR OTHER POLICY CONTAINING AUTOMOBILE INSURANCE COVERAGE ON THE FACE OF THE POLICY MUST STATE THE COMPLETE NAME OF THE COMPANY ISSUING THE POLICY, ITS ADDRESS, AND TELEPHONE NUMBER AND THE NAME, ADDRESS, AND TELEPHONE NUMBER OF ITS RESIDENT INSURANCE ADJUSTOR.
Very respectfully,
President
No. 38
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
May 17, 1988
The Honorable Robert J. Sheheen, Speaker
and members of the House of Representatives
P.O. Box 11867
Columbia, S.C. 29211
Dear "Mr. Speaker" and Members of the House:
It is with mixed emotions that I write this letter.
It has been my privilege and a distinct honor to serve the South Carolina House of Representatives in several capacities, most recently as Clerk of the House. I will always treasure the experiences and the friendships I've shared with you and the feeling that I've played a small part in the successful operation of the House.
I would like to take this opportunity to thank each of you for the many courtesies and your support for me and my staff over the years. These kindnesses I will never forget.
To my staff --- thanks for your loyalty, your support and dedication to a job well done.
I am submitting my resignation as Clerk of the House of Representatives effective June 29th.
May God be with each of you in your re-election campaigns and with best wishes for you in the future.
Sincerely,
Lois T. Shealy
Clerk of the House
Received as information.
The following was received.
May 18, 1988
Mr. Speaker and Members of the House:
I am deeply concerned about H. 4104 (R-616). Although I realize the urgency of the situation that gave rise to a last minute amendment embodied in Section 4 of this legislation, I believe the effort represents a very bad precedent for public policy. Section 4 essentially changes the minimum standards on the "flex" examination used in the licensure of physicians in this state. The amendment was done on behalf of an individual who, when he took the examination did qualify under South Carolina law, but did not qualify for licensure under Regulation 81-90 of the South Carolina Board of Medical Examiners adopted in 1984.
Though I am sympathetic to the situation, I believe an endorsement of this effort would be an affront to the medical profession, particularly the State Medical Board of Examiners. However, there have been mitigating factors brought to my attention which certainly ease my concern over this particular provision including a request from the S.C. Medical Association that I sign this legislation. I also believe the inflexibility given the Medical Examiners Board under the current regulation resulted in this action, and I urge the General Assembly to consider whether those regulations need to be amended to include some flexibility by the Board for unique situations.
Finally, I do believe it is important that the other portion of H. 4101 concerning the certification requirements of respiratory care practitioners should not be jeopardized by Section 4.
I feel it is important for me to make a statement concerning the nature in which this legislation was handled; therefore, I will not sign this bill, but allow it to become law on its own accord. I hope the kind of effort exhibited in the adoption of the amendment (Section 4) of H. 4101 will not hinder the effectiveness or regard for the legislative process and will be strongly resisted if similar attempts are made in the future.
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
Received as information.
The following was received.
May 18, 1988
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the House," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Governor
Master-In-Equity, Greenville County, to serve full time with term to expire December 31, 1991:
Daniel Yarborough, Suite 207, Greenville Co. Courthouse, Greenville, S.C. 29601 (Reappointment)
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 3735 -- Reps. Hodges, Mappus and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-245 SO AS TO MAKE IT UNLAWFUL FOR A LICENSED INSURANCE AGENT KNOWINGLY TO PRESENT OR AID IN THE PREPARATION OF AN INSURANCE APPLICATION CONTAINING FALSE OR MISLEADING INFORMATION MATERIAL TO THE UNDERWRITING OR WHICH OMITS MATERIAL INFORMATION AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Rep. J. BRADLEY moved to waive Rule 5.14, which was agreed to by a division vote of 57 to 0.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
On motion of Rep. PEARCE the House non-concurred in the Senate Amendments to the following Bill and a message was ordered sent to the Senate accordingly.
H. 3713 -- Reps. Pearce, Sheheen, J. Rogers, White, McLellan, L. Phillips, Foxworth, Wells, Sharpe, Bennett, Sturkie, K. Bailey, Mappus and Gilbert: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A PERMIT.
Rep. WILKINS, from the Committee on Judiciary,submitted a favorable report, with amendments, on:
S. 1 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 22 SO AS TO PROVIDE A UNIFORM MINIMUM COMPENSATION PLAN FOR MAGISTRATES AND THE FUNDING OF MAGISTRATES' COURTS; TO AMEND SECTION 22-3-10, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO REVISE THE JURISDICTION; TO REPEAL SECTION 22-2-180 RELATING TO COMPENSATION OF MAGISTRATES; TO AMEND CHAPTER 11 OF TITLE 14, RELATING TO MASTERS AND REFEREES, BY ADDING SECTION 14-11-200 SO AS TO REQUIRE TESTIMONY IN ALL CASES INVOLVING TITLE TO REAL ESTATE TO BE TAKEN AND TRANSCRIBED AND IN ALL OTHER CASES TO BE TRANSCRIBED UPON REQUEST OF A PARTY OR IN THE DISCRETION OF THE MASTER-IN-EQUITY; TO AMEND SECTION 14-11-10, RELATING TO THE ESTABLISHMENT OF MASTER-IN-EQUITY COURTS IN THE COUNTIES OF THIS STATE, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE COURTS IN EACH COUNTY HAVING A POPULATION OF AT LEAST ONE HUNDRED TWENTY-FIVE THOUSAND AND FOR THE APPOINTMENT OF MASTERS-IN-EQUITY, TO DELETE AN OBSOLETE REFERENCE TO A DATE, AND TO PROVIDE FOR PART-TIME MASTERS-IN-EQUITY; TO AMEND SECTION 14-11-20, RELATING TO THE APPOINTMENT OF TERMS OF MASTERS-IN-EQUITY, SO AS TO PROVIDE FOR THE APPOINTMENT BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE INSTEAD OF THE GENERAL ASSEMBLY FOR A TERM OF SIX INSTEAD OF FOUR YEARS, TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO DESIGNATE PART-TIME AND FULL-TIME MASTERS-IN-EQUITY, TO ESTABLISH QUALIFICATIONS, TO PROVIDE THAT A MASTER-IN-EQUITY IS SUBJECT TO ASSIGNMENT AS NEEDED BY THE CHIEF JUSTICE OF THE SUPREME COURT, TO PROHIBIT A FULL-TIME MASTER-IN-EQUITY FROM ENGAGING IN THE PRACTICE OF LAW AND STANDING MASTERS-IN-EQUITY FROM SERVING AS PROBATE JUDGES, AND TO PROVIDE CONDITIONS UNDER WHICH A PART-TIME MASTER-IN-EQUITY MAY PRACTICE LAW; TO AMEND SECTION 14-11-30, RELATING TO THE COMPENSATION OF MASTERS-IN-EQUITY, SO AS TO REVISE THE COMPENSATION, TO PROVIDE FOR THE OTHER EXPENSES OF THE MASTER-IN-EQUITY'S OFFICE, AND TO PROVIDE FOR THE APPOINTMENT OF EITHER A PART-TIME OR FULL-TIME MASTER-IN-EQUITY BASED UPON THE POPULATION OF THE COUNTY OR THE AREA SERVED; TO AMEND SECTION 14-11-60, RELATING TO THE FILLING OF A VACANCY, DISQUALIFICATION, OR DISABILITY IN THE OFFICE OF MASTER-IN-EQUITY, SO AS TO PROVIDE THAT A PRESIDING CIRCUIT COURT JUDGE, AFTER GOOD CAUSE BEING SHOWN AND UPON AGREEMENT OF THE PARTIES, MAY APPOINT A SPECIAL REFEREE WITH ALL THE POWERS OF A MASTER-IN-EQUITY WHO MUST BE COMPENSATED BY THE PARTIES INVOLVED IN THE ACTION; TO AMEND SECTION 14-11-90, RELATING TO THE POWERS OF A MASTER-IN-EQUITY, SO AS TO REVISE THE POWERS OF A MASTER-IN-EQUITY, PROVIDE THAT A MASTER-IN-EQUITY HAS THE SAME POWER AND AUTHORITY AS A CIRCUIT COURT JUDGE SITTING WITHOUT A JURY, PROVIDE THAT THE EQUITY COURT IS CONSIDERED A DIVISION OF THE CIRCUIT COURT AND THE MASTER-IN-EQUITY IS ENTITLED TO ALL BENEFITS AND ALL REQUIREMENTS IN THE SAME RESPECT AS CIRCUIT AND FAMILY COURT JUDGES, PROVIDE FOR THE MANNER IN WHICH A MASTER-IN-EQUITY MAY DECIDE ISSUES RAISED BY THE PLEADINGS AND PROOF, AND PROVIDE THAT APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY MUST BE TO THE CIRCUIT COURT UNLESS OTHERWISE DIRECTED BY ORDER OF THE CIRCUIT COURT OR BY CONSENT OF THE PARTIES; TO AMEND SECTION 14-11-140, RELATING TO THE POWERS OF MASTERS-IN-EQUITY INVOLVING THE PARTITION OF REAL OR PERSONAL PROPERTY, SO AS TO DELETE THE REFERENCES TO THE ADMEASUREMENT OF DOWER; TO AMEND SECTION 14-11-310, RELATING TO FEES COLLECTED BY MASTERS-IN-EQUITY, SO AS TO REVISE THE FEE SCHEDULE FOR ACTIONS HEARD BEFORE THE MASTER-IN-EQUITY; TO AMEND SECTION 14-27-20, RELATING TO THE COMPOSITION OF THE JUDICIAL COUNCIL, SO AS TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE INFERIOR COURTS OF THE STATE ON THE COUNCIL; TO AMEND SECTION 14-27-30, RELATING TO THE AUTHORITY OF THE CHIEF JUSTICE OF THE SUPREME COURT TO APPOINT THE MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE INFERIOR COURTS OF THE STATE ON THE COUNCIL; TO AMEND SECTION 14-27-40, RELATING TO THE TERMS OF THE MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO AUTHORIZE THE CHIEF JUSTICE OF THE SUPREME COURT TO DESIGNATE SOME OTHER MEMBER OF THE COURT TO SERVE ON THE COUNCIL DURING HIS TERM OF OFFICE, AND TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE PROBATE COURTS AND TO PROVIDE FOR THE TERMS; TO REPEAL SECTION 14-11-320 RELATING TO COMPENSATION OF REFEREES; TO AMEND ARTICLE 7 OF CHAPTER 21 OF TITLE 8, RELATING TO PROBATE FEES AND COSTS, BY ADDING SECTIONS 8-21-765, 8-21-766, AND 8-21-795 SO AS TO ESTABLISH A SALARY SCHEDULE FOR PROBATE JUDGES BASED ON THE POPULATION OF THE COUNTY IN WHICH THEY SERVE WHICH MUST BE FUNDED BY THE GENERAL ASSEMBLY, PROVIDE THAT ALL PROBATE JUDGES WHO, ON JULY 1, 1988, ARE MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM REMAIN MEMBERS OF THESE SYSTEMS, AND PROVIDE THAT ALL FEES, AFTER JUNE 30, 1988, TO WHICH THE PROBATE COURT IS ENTITLED PURSUANT TO SECTION 8-21-790 MUST BE TRANSFERRED TO THE STATE TREASURER AND DEPOSITED IN THE GENERAL FUND; TO AMEND SECTION 8-21-760, RELATING TO THE SALARIES OF PROBATE JUDGES, SO AS TO REQUIRE THE GOVERNING BODY OF EACH COUNTY TO FUND THE OPERATIONS OF THE PROBATE COURT IN THAT COUNTY EXCEPT FOR THE SALARIES OF JUDGES; AND TO AMEND SECTION 9-8-120, RELATING TO THE PROVISIONS GOVERNING A BENEFICIARY OF THE STATE RETIREMENT SYSTEM RETURNING TO THE SERVICE OF THE STATE, SO AS TO AUTHORIZE A RETIRED JUSTICE OR JUDGE TO BE CALLED UPON AND APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT TO PERFORM JUDICIAL DUTIES IN PROBATE COURTS.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, and Rep. BARFIELD for the minority, submitted an unfavorable report, on:
S. 1118 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAILY CREEL LIMITS ON STRIPED BASS (ROCKFISH) IN CERTAIN WATERS, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY SET STATEWIDE DAILY CREEL AND SIZE LIMITS ON STRIPED BASS (ROCKFISH) AND BLACK BASS, AND TO REPEAL SECTIONS 50-13-230 AND 50-13-235 RELATING TO STRIPED BASS (ROCKFISH).
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 229 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSED SEASONS AND SIZE LIMITS ON VARIOUS SPECIES OF FISH, SO AS TO PROVIDE THAT THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY ADOPT BY REGULATION ALL FISHERY REGULATIONS PROMULGATED UNDER PUBLIC LAW 94-265 REGULATING FISHING ACTIVITIES IN THE FISHERY CONSERVATION ZONE ADJACENT TO THE WATERS OF THIS STATE.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 1339 -- Senator Waddell: A BILL TO AMEND TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES, BY ADDING CHAPTER 41 SO AS TO ENACT THE MUNICIPAL BEACH EROSION PREVENTION ACT.
Ordered for consideration tomorrow.
Rep. KIRSH, from the Committee on York Delegation, submitted a favorable report, with amendments, on:
H. 4277 -- Reps. Hayes, Kirsh, Nesbitt, Short and Foster: A BILL TO AMEND ACT 825 OF 1978, RELATING TO CLOVER SCHOOL DISTRICT 2 IN YORK COUNTY, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY NOT LEVY TAXES WHICH WOULD INCREASE BY MORE THAN FOUR MILLS IN ANY YEAR THAT MILLAGE LEVIED FOR THE PRECEDING YEAR WITHOUT THE APPROVAL OF THE QUALIFIED ELECTORS OF THE DISTRICT VOTING IN A REFERENDUM.
On motion of Rep. KIRSH, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 4277 -- Reps. Hayes, Kirsh, Nesbitt, Short and Foster: A BILL TO AMEND ACT 825 OF 1978, RELATING TO CLOVER SCHOOL DISTRICT 2 IN YORK COUNTY, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY NOT LEVY TAXES WHICH WOULD INCREASE BY MORE THAN FOUR MILLS IN ANY YEAR THAT MILLAGE LEVIED FOR THE PRECEDING YEAR WITHOUT THE APPROVAL OF THE QUALIFIED ELECTORS OF THE DISTRICT VOTING IN A REFERENDUM.
Rep. KIRSH proposed the following Amendment No. 1 (Doc. No. 4096J), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. Any referenda conducted in which the electors in any school district in York County are asked to approve an increase in millage in excess of the four mill limitation imposed by law must be conducted no later than the second Tuesday in November./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 4277 be read the third time tomorrow.
The following was introduced:
H. 4285 -- Rep. O. Phillips: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME ROAD S-44-440 IN UNION COUNTY AS "VANDERFORD ROAD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4286 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ROOSEVELT BOYD, DISTINGUISHED MEMBER OF CLARENDON COUNTY COUNCIL, FOR HIS TWENTY-FIVE AND ONE-HALF YEARS OF OUTSTANDING, DEVOTED SERVICE TO LAW ENFORCEMENT, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT FROM ACTIVE LAW ENFORCEMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4287 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF HARRY "HARRISON" McKNIGHT, LEE COUNTY'S OLDEST CITIZEN, WHO DIED APRIL 30, 1988, AT THE AGE OF ONE HUNDRED THREE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1517 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. OTIS B. RAWL OF LEXINGTON.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1518 -- Senator Pope: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. HENRY BURCHILL RICHARDSON, JR., OF UNION COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4290 -- Reps. Townsend, T. Alexander, Chamblee, Cooper, P. Harris, Kay, McLellan and Tucker: A CONCURRENT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE FORESTRY COMMISSION TO TAKE IMMEDIATE ACTION TO FILL PRESSING NEEDS OF ANDERSON COUNTY IN THE MANAGEMENT OF ITS FORESTRY RESOURCES.
The Concurrent 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. 4288 -- Rep. J. Bradley: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-89 FOR CHARLESTON COUNTY PARKS AND RECREATION COMMISSION, AND TO PROVIDE FOR THE OPERATING BUDGET OF CHARLESTON COUNTY PARKS AND RECREATION COMMISSION FOR FISCAL YEAR 1988-89.
Without reference.
H. 4289 -- Oconee Delegation: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY TO BE HELD AT THE SAME TIME AS THE 1988 GENERAL ELECTION TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE COUNTY SUPERINTENDENT OF EDUCATION MUST BE ELECTED OR APPOINTED BY THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT.
On motion of Rep. T.C. ALEXANDER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1509 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO THE DISPLAY OF DECALS BEARING TITLE NUMBERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 968, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture and Natural Resources.
S. 1513 -- Senators Shealy, Wilson and Setzler: 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.
Referred to Committee on Education and Public Works.
On motion of Rep. T.C. ALEXANDER, with unanimous consent, it was ordered that H. 4289 be read the second time tomorrow.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley 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 Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones 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 Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Stoddard Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on May 19, 1988.
Jack Gregory Terry Haskins Paul Short John J. Snow Ken Bailey Bob Kohn Lenoir Sturkie Philip T. Bradley Larry Koon John H. Burriss
STATEMENT OF ATTENDANCE
Reps. BLANDING, LEWIS and LOCKEMY 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 18, 1988.
Rep. SHELTON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 457 -- Senators Giese, Thomas, Macaulay and McConnell: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO PERMIT A PARENT OR GUARDIAN TO EDUCATE HIS CHILD OR WARD AT HOME AND TO ESTABLISH REQUIREMENTS FOR HOME INSTRUCTION.
The motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to by a division vote of 85 to 0.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. SHELTON, McGINNIS and HASKINS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., May 5, 1988,
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 457 -- Senators Giese, Thomas, Macaulay and McConnell: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO PERMIT A PARENT OR GUARDIAN TO EDUCATE HIS CHILD OR WARD AT HOME AND TO ESTABLISH REQUIREMENTS FOR HOME INSTRUCTION.
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 Section 59-65-40(A)(1), as contained in SECTION 1, page 1, beginning on line 41, and inserting:
/(1) the parent:
(a) holds at least a high school diploma or the equivalent general educational development (GED) certificate and, beginning in the 1989-90 school year, attains a passing score on the basic skills examination developed pursuant to Section 59-26-20(b)(1) after the State Department of Education has validated the test for use with home schooling parents; or
(b) has earned a baccalaureate degree;/
Amend further by striking the last paragraph of Section 59-20-40(1)(c) as contained in SECTION 2, page 4, and inserting:
/"School districts may count each student who is instructed at home under the provisions of Section 59-65-40 in the district's weighted pupil units at a weighting of.25 for supervising, overseeing, or reviewing the student's program of home instruction. No local match is required for students instructed at home under the provisions of Section 59-65-40."/
Amend title to conform.
Renumber/reletter to conform.
Make all necessary technical corrections.
/s/Sen. T. Ed Garrison Rep. Terry E. Haskins /s/Sen. Warren K. Giese /s/Rep. Sara V. Shelton /s/Sen. Thomas H. Pope /s/Rep. Alfred C. McGinnis, Sr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 4291 -- Rep. Lanford: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO THE FIRST BAPTIST CHURCH OF ENOREE IN SPARTANBURG COUNTY FOR ITS ONE HUNDRED YEARS OF CHRISTIAN WITNESS AND FOR ITS MEANINGFUL CONTRIBUTIONS TO THE SPIRITUAL WELL-BEING OF ITS MEMBERS AND THE COMMUNITY IT SERVES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. J. ROGERS moved to reconsider the vote whereby the following Bill was given unanimous consent to receive a third reading, which was agreed to.
H. 4275 -- Rep. J. Rogers: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SCHOOL DISTRICT OF MARLBORO COUNTY AND THE MARLBORO COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ELECT MEMBERS OF THE FACULTY OF THE SCHOOLS IN THE DISTRICT AND TO DELETE THE AUTHORITY OF THE TRUSTEES OF THE ADMINISTRATIVE AREAS WITHIN THE SCHOOL DISTRICT TO ELECT MEMBERS OF THE FACULTY OF THE SCHOOLS IN THE PARTICULAR ADMINISTRATIVE AREA.
Rep. J. ROGERS moved to adjourn debate upon the Bill until Wednesday, June 1, which was adopted.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4276 -- Rep. J. Bradley: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-1989 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1988-1989.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1504 -- Senator Bryan: A BILL TO PROVIDE FOR THE ELECTION OF THE MEMBERS OF THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS NOS. 55 AND 56, ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR MEMBERS OF THE BOARD, PROVIDE THAT THESE ELECTIONS MUST BE NONPARTISAN, PROVIDE THE MANNER IN WHICH THE MEMBERS OF THESE BOARDS ARE ELECTED, PROVIDE FOR THE MANNER IN WHICH THESE NONPARTISAN ELECTIONS MUST BE CONDUCTED, ABOLISH THE LAURENS COUNTY BOARD OF EDUCATION AND DEVOLVE ITS DUTIES, POWERS, AND RESPONSIBILITIES UPON THE SCHOOL DISTRICTS IN THE COUNTY, EXCEPT THOSE FUNCTIONS REGARDING THE ELECTION PROCESS OF THE TRUSTEES OF THE DISTRICTS; AND REPEAL ACTS 276 AND 277 OF 1987 RELATING TO THE ELECTION FROM DEFINED SINGLE-MEMBER DISTRICTS OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS 55 AND 56 IN LAURENS COUNTY.
S. 1459 -- Judiciary Committee: A BILL TO AMEND SECTIONS 15-3-340 AND 15-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS FOR RECOVERY OF REAL PROPERTY, SO AS TO LIMIT THE NUMBER OF ACTIONS THAT MAY BE BROUGHT, AND PROVIDE FOR AN EFFECTIVE DATE OF ONE HUNDRED EIGHTY DAYS AFTER APPROVAL BY THE GOVERNOR.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4284 -- Orangeburg Delegation: A BILL TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE FOR BUDGETS AND TAX LEVIES FOR THE COUNTY'S SCHOOL DISTRICTS AND THAT NO SCHOOL DISTRICT MAY RAISE ITS MILLAGE BY MORE THAN FIVE MILLS IN ANY YEAR WITHOUT A REFERENDUM.
On motion of Rep. K. BAILEY, with unanimous consent, it was ordered that H. 4284 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1335 -- Senator McLeod: A BILL TO AMEND SECTION 7-5-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR REGISTRATION OF ELECTORS BY ANY PERSON WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN BEFORE THE CLOSING OF THE BOOKS OF REGISTRATION BEFORE ANY ELECTION, SO AS TO EXTEND FROM SIXTY TO ONE HUNDRED TWENTY DAYS THE TIME WITHIN WHICH A PERSON MAY REGISTER TO VOTE.
S. 1355 -- Senator Doar: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW THE IMPOSITION OF AN ASSESSMENT FOR WATER RELATED CAPITAL IMPROVEMENTS, TO REQUIRE CONNECTION TO A WATER SYSTEM IN THE SAME MANNER AS A CONNECTION TO AN ABUTTING SEWER COLLECTOR LINE, AND TO PROVIDE THAT THE MAXIMUM FOOTAGE FOR WHICH A PARCEL MAY BE ASSESSED APPLIES TO RESIDENTIAL PROPERTY AND NOT TO COMMERCIAL OR INDUSTRIAL PROPERTY.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3, Rep. J. BRADLEY having the floor.
S. 1420 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO REVISE ONE OF THE CONDITIONS WHICH ALLOWS AN INSURER TO WRITE AN APPLICANT AT THE OBJECTIVE STANDARDS RATE RATHER THAN THE BASE RATE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO SMALL COMMERCIAL RISKS.
Debate was resumed on Amendment No. 3, which was proposed on Wednesday, May 18, by the Committee on Labor, Commerce and Industry.
Rep. J. BRADLEY continued speaking.
The amendment was then adopted.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 4 (Doc. No. 6475k), which was ruled out of order.
Amend the bill, as and if amended, by adding the following appropriately numbered section to read:
SECTION ______. Section 38-79-110(2) of the 1976 Code is amended to read:
"(2) 'Licensed health care providers' means physicians and surgeons, nurses, oral surgeons, dentists, pharmacists, chiropractors, podiatrists, hospitals and hospital directors officers, and trustees, nursing homes, or any similar major category of licensed health care providers."
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
Rep. T.M. BURRISS raised the Point of Order that Amendment No. 4 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order.
Reps. T.M. BURRISS and HEARN proposed the following Amendment No. 5 (Doc. No. 3911J), which was tabled.
Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, by striking the unnumbered section which begins on line 19 of page (1420-10) in its entirety.
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. LOCKEMY spoke against the amendment and moved to table the amendment.
Rep. T.M. BURRISS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Baxley Beasley Blackwell Blanding Bradley, J. Brown, J. Burch Chamblee Cooper Day Edwards Faber Ferguson Foster Hayes Helmly Hodges Holt Johnson, J.C. Kirsh Klapman Lewis Lockemy Mattos McEachin McGinnis McLeod, E.B. Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rice Rogers, T. Rudnick Sheheen Short Snow Taylor Townsend Tucker Waldrop Washington Whipper White Williams
Those who voted in the negative are:
Aydlette Baker Barfield Brown, H. Burriss, M.D. Burriss, T.M. Cole Cork Corning Davenport Derrick Elliott Fair Foxworth Hearn Humphries Mappus Martin, L. McCain Pettigrew Sharpe Simpson Thrailkill Wells
So, the amendment was tabled.
Rep. MAPPUS proposed the following Amendment No. 6 (Doc. No. 4068J), which was tabled.
Amend the bill, as and if amended, by adding the following appropriately numbered sections to read:
/SECTION _____. Section 38-77-160 of the 1976 Code is amended to read:
"Section 38-77-160. (A) Automobile insurance carriers shall offer, at the option of the insured, uninsured motorist coverage up to the limits of the insured's liability coverage in addition to the mandatory coverage prescribed by Section 38-77-150. Such carriers shall also offer, at the option of the insured, underinsured motorist coverage up to the limits of the insured liability coverage to provide coverage in the event that damages are sustained in excess of the liability limits carried by an at fault insured or underinsured motorist. If, however, an insured or named insured is protected by uninsured or underinsured motorist coverage in excess of the basic limits, the policy shall provide that the insured or named insured is protected only to the extent of the coverage he has on the vehicle involved in the accident. If none of the insured's or named insured's vehicles is involved in the accident, coverage is available only to the extent of coverage on any one of the vehicles with the excess or underinsured coverage. Benefits paid pursuant to this section are not subject to subrogation and assignment.
(B) Underinsured motorist benefits paid pursuant to this section are not subject to subrogation and assignment. Additional uninsured benefits paid pursuant to this section are subject to subrogation and assignment."
SECTION _____. Section 38-77-150 of the 1976 Code is amended to read:
"Section 38-77-150. (A) No automobile insurance policy or contract may be issued or delivered unless it contains a provision by endorsement or otherwise, herein referred to as the uninsured motorist provision, undertaking to pay the insured all sums which he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits which may be no less than the requirements of Section 38-77-140. The uninsured motorist provision shall also provide for no less than five thousand dollars' coverage for injury to or destruction of the property of the insured in any one accident but may provide an exclusion of the first two hundred dollars of the loss or damage. The Commissioner may prescribe the form to be used in providing uninsured motorist coverage and when prescribed and promulgated no other form may be used.
(B) No action may be brought under the uninsured motorist provision unless copies of the pleadings in the action establishing liability are served in the manner provided by law upon the insurer writing the uninsured motorist provision. The insurer has the right to appear and defend in the name of the uninsured motorist in any action which may affect its liability and has thirty days after service of process on it in which to appear. The evidence of service upon the insurer may not be made a part of the record.
(C) An insurer is not required to offer uninsured motorist coverage on an excess (umbrella) liability insurance policy."
SECTION _____. Section 38-77-160 of the 1976 Code is amended by adding:
"(C) An insurer is not required to offer additional uninsured motorist coverage or underinsured motorist coverage on an excess (umbrella) liability insurance policy."
SECTION _____. Article 3 of Chapter 77 of Title 38 of the 1976 Code is amended by adding:
"Section 38-77-165. The Insurance Department shall design a form which every insurer doing business in the State shall use when offering additional uninsured motorist coverage, underinsured motorist coverage, personal injury protection, and any other optional coverage required to be offered in automobile insurance policies. The form must be signed by the insured when purchasing an automobile insurance policy from an insurer. When the applicant initially selects or rejects coverages, the selection or rejection applies to any policy which renews, extends, changes, supersedes, reinstates or replaces an existing policy unless the named insured requests a different liability coverage and pays the premium for it. An insurer may utilize its own form if the Commissioner gives his prior approval."/
Renumber to conform.
Amend title to conform.
Rep. MAPPUS spoke for the amendment.
Rep. J. BRADLEY spoke against the amendment.
Rep. MAPPUS spoke in favor of the amendment.
Rep. J. BrADLEY spoke against the amendment and moved to table the amendment.
Rep. MAPPUS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 56 to 25.
Rep. MAPPUS proposed the following Amendment No. 7 (Doc. No. 4069J), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately numbered section to read:
/SECTION _____. Section 38-73-735 of the 1976 Code is amended to read:
"Section 38-73-735. In addition to risk and territorial classification plans promulgated under Section 38-73-730, the Commissioner may promulgate plans to afford credits or discounts to automobile insureds, or he may approve the credit or discount plans filed with him by insurers of automobile insurance. No automobile insurance credit or discount plan may be promulgated or approved by the Commissioner unless: (1) the criteria for determining eligibility for credits or discounts under the plan are objective, clear, and unequivocal; (2) the criteria are based upon factually or statistically supported data; and (3) the credits or discounts provided under the plan will be afforded by the insurer on a nondiscriminatory basis to all insureds who are eligible therefor. If an insurance credit or discount plan is given to an insured pursuant to this section, the policy may must not be ceded to the Reinsurance Facility unless the credit or discount is given solely for use of vehicle anti-theft or safety devices."/
Renumber sections to conform.
Amend title to conform.
Rep. MAPPUS explained the amendment.
Rep. J. BRADLEY spoke in favor of the amendment.
The amendment was then adopted.
Rep. J. BRADLEY proposed the following Amendment No. 8 (Doc. No. 3884J), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION _____. Section 38-77-30(11)(c) of the 1976 Code is amended to read:
"(c) Commercial risks which have a load capacity less than ten thousand pounds and are not required to have a mandatory filing by a governmental authority other than an SR-22, except that commercial risks, privately owned, and used only occasionally to transport clients on tours of historical areas which are required to have a mandatory filing by a governmental authority must be considered 'small commercial risks'."/
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. J. BRADLEY proposed the following Amendment No. 9 (Doc. No. 1726J).
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 38-77-596. Designated producers of the facility may choose what designated insurance carriers they wish to use."/
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 9, Rep. J. BRADLEY having the floor.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 2710 -- Reps. Hayes, Fair, Felder, McCain, Haskins and Toal: A BILL TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABORTIONS, SO AS TO DEFINE MINOR AS ANY FEMALE UNDER SEVENTEEN YEARS OF AGE, REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR FURNISHING PROOF OF AGE AND REQUIRED GUARDIAN OR PARENTAL RELATIONSHIP PRIOR TO PERFORMING AN ABORTION UPON A MINOR, AND TO PROVIDE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 44-41-31 THROUGH 44-41-37 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED PRIOR TO PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION.
The SPEAKER granted Reps. ALTMAN and LEWIS a temporary leave of absence to attend a Highway Commission Meeting.
Rep. AYDLETTE moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 2591 -- Rep. Davenport: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE FOR COPIES OF REGULATIONS AND AMENDMENTS TO BE GIVEN TO MEMBERS OF THE STANDING COMMITTEES TO WHICH THEY ARE ASSIGNED AND TO REQUIRE A TWENTY-DAY PERIOD AFTER AMENDMENT AND RECEIPT OF THE AMENDMENT FOR CONSIDERATION BEFORE THE REGULATION TAKES EFFECT.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, J. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Davenport Day Derrick Edwards Elliott Faber Ferguson Foster Foxworth Gentry Gregory Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Kohn Lanford Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Pearce Pettigrew Petty Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. DAVENPORT, HAYES and AYDLETTE to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., May 12, 1988
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 2591 -- Rep. Davenport: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE FOR COPIES OF REGULATIONS AND AMENDMENTS TO BE GIVEN TO MEMBERS OF THE STANDING COMMITTEES TO WHICH THEY ARE ASSIGNED AND TO REQUIRE A TWENTY-DAY PERIOD AFTER AMENDMENT AND RECEIPT OF THE AMENDMENT FOR CONSIDERATION BEFORE THE REGULATION TAKES EFFECT.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 3/23/88--H.)
Amend the bill, as and if amended, in Section 1-23-120, as contained in Section 2, page 3, by striking the period on line 44 and inserting therein:
/but no regulation may be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110(b)./
Amend the bill further, as and if amended, in Section 1-23-20, page 4, by inserting after the period on line 18:
/If a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation by the appropriate committee, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting; provided, however, only those calendar days occurring during sessions of the General Assembly shall be included in computing the days elapsed./
Amend the bill further, as and if amended, in Section 1-23-20, page 4, beginning on line 24, by striking the words / Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, additional days must be added to the days remaining on Upon (1) approval of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review and notification in writing of the approval of the joint resolution to the Speaker of the House of Representatives and the President of the Senate by the chairman of the standing committee or/ and inserting therein:
/Upon (1) introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, or/
Amend the bill further, as and if amended, in Section 1-23-125. as contained in Section 3, page 6, by striking line 45 and inserting therein:
/Lieutenant Governor, but any regulation not resubmitted within thirty days is considered permanently withdrawn;/
Amend title to conform.
/s/Thomas E. Smith, Jr. /s/D.L. Aydlette, Jr. /s/Glenn F. McConnell /s/G. Ralph Davenport, Jr. /s/Thomas H. Pope, III /s/Robert W. Hayes, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. HASKINS moved to recall the Free Conference Report on the following Bill from the Senate.
S. 457 -- Senators Giese, Thomas, Macaulay and McConnell: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO PERMIT A PARENT OR GUARDIAN TO EDUCATE HIS CHILD OR WARD AT HOME AND TO ESTABLISH REQUIREMENTS FOR HOME INSTRUCTION.
Rep. SHELTON moved to table the motion, which was not agreed to by a division vote of 36 to 45.
Rep. McTEER raised the Point of Order that the motion to recall the Free Conference Report was out of order as the House was not in the Motion Period.
The SPEAKER overruled the Point of Order.
Reps. McTEER and McGINNIS spoke against the motion to recall.
The question then recurred to the motion to recall the Free Conference Report from the Senate, which was rejected by a division vote of 46 to 49.
Rep. HOLT withdrew his objection to the following Bill.
H. 3825 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-434 SO AS TO CREATE THE CHILD'S EDUCATION SAVINGS ACT, TO DEFINE "CHILD'S EDUCATION SAVINGS ACCOUNT", TO ALLOW A DEDUCTION FROM TAXABLE INCOME FOR PURPOSES OF STATE INCOME TAXATION IN THE AMOUNT OF THREE THOUSAND DOLLARS WHICH MUST BE USED TO DEFRAY THE COST OF A CHILD'S COLLEGE EDUCATION, TO PROVIDE FOR THE EXPENDITURE OF MONIES FROM THIS ACCOUNT, AND TO PROVIDE PENALTIES FOR UNAUTHORIZED WITHDRAWALS.
Rep. BLACKWELL withdrew his objection to H. 2177 however, other objections remained upon the Bill.
Rep. BLACKWELL withdrew his objection to H. 2187 however, other objections remained upon the Bill.
Rep. BLACKWELL withdrew his objection to the following Bill.
H. 2391 -- Reps. Pearce, Thrailkill, Washington, Harvin and Whipper: A BILL TO REPEAL ITEM (34) OF SECTION 12-35-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE SALES TAX OF THE CROSS PROCEEDS FROM THE SALE OR RESALE OF ANY VACATION TIME SHARING LEASE PLAN AS PROVIDED BY CHAPTER 32 OF TITLE 27.
Reps. ARTHUR and O. PHILLIPS withdrew their objections to the following Bill.
S. 659 -- Senator Giese: A BILL TO AMEND SECTIONS 40-35-40, 40-35-50, 40-35-60, 40-35-70, 40-35-90, 40-35-110, AND 40-35-130, RELATING TO THE PROVISIONS OF LAW REGULATING NURSING HOME ADMINISTRATORS, SO AS TO MAKE CERTAIN CHANGES REGARDING THESE PROVISIONS, INCLUDING INCREASING THE MAXIMUM PENALTIES WHICH MAY BE IMPOSED FOR SERVING AS A NURSING HOME ADMINISTRATOR WITHOUT A LICENSE, REVAMPING THE PROVISIONS ON REVOCATION OR SUSPENSION OF LICENSES AND IMPOSITION OF OTHER DISCIPLINARY ACTION, PROVIDING FOR THE LAPSING OF A LICENSE AND FOR REINSTATEMENT, AND EXEMPTING CERTAIN FINES AND COSTS COLLECTED BY THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS PURSUANT TO SECTION 40-35-133 FROM THE REQUIREMENT OF BEING DEPOSITED IN THE GENERAL FUND; AND TO AMEND CHAPTER 35 OF TITLE 40, RELATING TO NURSING HOME ADMINISTRATORS, BY ADDING SECTIONS 40-35-105, SO AS TO REQUIRE A NURSING HOME ADMINISTRATOR TO POST A NOTICE SETTING FORTH THE MANNER IN WHICH COMPLAINTS MAY BE REPORTED TO THE BOARD, 40-35-131, SO AS TO PROVIDE FOR A PROCEDURE FOR HEARING CHARGES AGAINST A LICENSEE BY THE BOARD OR BY A HEARING OFFICER OR OFFICERS APPOINTED BY THE BOARD, 40-35-132, SO AS TO PROVIDE THAT, UPON A DETERMINATION BY THE BOARD THAT ONE OR MORE OF THE GROUNDS FOR REVOCATION OR SUSPENSION OF A LICENSE OR FOR OTHERWISE DISCIPLINING A LICENSEE EXIST IN ACCORDANCE WITH THE PROVISIONS OF SECTION 40-35-130, THE BOARD MAY TAKE ANY ONE OR MORE OF A NUMBER OF CERTAIN ACTIONS IN THE WAY OF SANCTIONS REGARDING THE LICENSE OR THE LICENSEE, INCLUDING THE IMPOSITION OF CERTAIN COSTS AND FINES, AND 40-35-133, SO AS TO PROVIDE THAT ALL COSTS AND FINES IMPOSED UNDER CERTAIN PROVISIONS OF SECTION 40-35-132 ARE DUE AND PAYABLE IMMEDIATELY UPON IMPOSITION, PROVIDE THAT INTEREST SHALL ACCRUE ON THE AMOUNT DUE FROM THE DATE IMPOSED UNTIL THE DATE IT IS PAID, REQUIRE THE BOARD TO REMIT ALL AMOUNTS RECEIVED BY WAY OF COSTS AND FINES AND BY WAY OF INTEREST TO THE STATE TREASURER TO BE DEPOSITED IN A SPECIAL FUND FROM WHICH THE BOARD MUST BE REIMBURSED FOR THE ADMINISTRATIVE COSTS OF EACH DISCIPLINARY PROCEEDING, AND PROVIDE THAT, AT ANY TIME THE SPECIAL FUND EXCEEDS TWENTY THOUSAND DOLLARS, ALL EXCESS FUNDS MUST BE REMITTED TO THE STATE'S GENERAL FUND.
Reps. O. PHILLIPS, NEILSON and ARTHUR withdrew their objections to the following Bill.
S. 1000 -- Senator Peeler: A BILL TO AMEND SECTION 50-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "HUNTERS" AND "HUNTING", SO AS TO DELETE DEFINITIONS OF "HUNTERS" AND "HUNTING" IN RELATION TO PERSONS WHO, WITHOUT GUNS, ASSIST OTHERS WITH DOGS, HORSES, OR BIRDS, PROVIDE FOR TWO TRAINING PERIODS FOR BIRD DOGS AND RABBIT DOGS EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING PERIODS, AND TO REQUIRE TRAINERS OF BIRD DOGS AND RABBIT DOGS TO HAVE THE APPROPRIATE HUNTING LICENSES AND OTHER APPLICABLE PERMITS.
Reps. SIMPSON and HENDRICKS withdrew their objections to the following Bill.
S. 1281 -- Senators Long, Doar, Peeler, Waddell and Garrison: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 SO AS TO CREATE THE AQUACULTURE PERMIT ASSISTANCE OFFICE AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Rep. KLAPMAN withdrew his objection to H. 3987 however, other objections remained upon the Bill.
Rep. E.B. McLEOD withdrew his objection to H. 2840 however, other objections remained upon the Bill.
Rep. FABER withdrew his objection to H. 3683 however, other objections remained upon the Bill.
Rep. KLAPMAN withdrew his objection to H. 2654 however, other objections remained upon the Bill.
On motion of Rep. CORK, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture and Natural Resources.
H. 4270 -- Rep. Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-149 SO AS TO PROVIDE A NO-WAKE ZONE FROM ONE HUNDRED YARDS NORTH OF MARKER 40 TO MARKER 41 ON THE NEW RIVER IN BEAUFORT COUNTY.
Rep. AYDLETTE asked unanimous consent to recall S. 1201 from the Committee on Education and Public Works.
Rep. TOWNSEND objected.
Rep. L. MARTIN asked unanimous consent to recall S. 1398 from the Committee on Labor, Commerce and Industry.
Rep. J. BRADLEY objected.
On motion of Rep. BEASLEY, with unanimous consent, the following Resolutions were ordered recalled from the Committee on Education and Public Works.
S. 1454 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTIONAL ASSISTANCE: PALMETTO FELLOWS SCHOLARSHIP PROGRAM AND IMPROVING UNDERGRADUATE INSTRUCTION - COMPETITIVE GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 975, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1453 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING OF NONPUBLIC INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 976, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CARNELL asked unanimous consent to recall S. 1220 from the Committee on Ways and Means.
Rep. HOLT objected.
On motion of Rep. J.C. JOHNSON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
S. 1166 -- Senator Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT A PUBLIC SCHOOL ADMINISTRATOR, PRINCIPAL, COUNSELOR, OR TEACHER WHO SUSPECTS A STUDENT OF USING ALCOHOL OR ANY OTHER NONPRESCRIPTION DRUG, AND WHO IN GOOD FAITH NOTIFIES THE STUDENT'S PARENT OR LEGAL GUARDIAN OF THIS FACT IS NOT LIABLE FOR CIVIL DAMAGES.
On motion of Rep. L. MARTIN, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 1398 -- Senator McLeod: A BILL TO AMEND CHAPTER 43, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUEFIED PETROLEUM GASES, SO AS TO CHANGE AND ADD DEFINITIONS AND TO REVISE PROCEDURES FOR REGULATING THE USE OF LIQUEFIED PETROLEUM GASES, TO CHANGE INSURANCE REQUIREMENTS, AND TO DELETE REQUIREMENTS FOR THE IDENTIFICATION OF VEHICLES POWERED BY LIQUEFIED PETROLEUM GAS.
Rep. RUDNICK asked unanimous consent to recall H. 2316 from the Committee on Judiciary.
Rep. J.W. JOHNSON objected.
The Governor's Veto on the following Act was taken up.
(R537) H. 2024 -- Reps. Hayes and P. Bradley: AN ACT TO AMEND SECTIONS 38-77-140, 38-77-150, 56-9-20, 56-9-353, 56-9-480, AND 56-9-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENTS OF MOTOR VEHICLE LIABILITY INSURANCE POLICIES AND UNINSURED MOTORISTS' POLICIES OR CONTRACTS, SO AS TO INCREASE FROM FIVE TO TEN THOUSAND DOLLARS THE MINIMUM REQUIRED COVERAGE BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT AND THE AMOUNT CREDITED WHICH SATISFIES A JUDGMENT IN EXCESS OF THAT AMOUNT FOR PURPOSES OF PROOF OF FINANCIAL RESPONSIBILITY, TO CHANGE THE DEFINITION OF PROOF OF FINANCIAL RESPONSIBILITY TO REFLECT THE INCREASE, AND TO INCREASE THE AMOUNT OF CASH OR SECURITIES REQUIRED TO BE DEPOSITED WITH THE STATE TREASURER TO OBTAIN A CERTIFICATE TO PROVE FINANCIAL RESPONSIBILITY FROM THIRTY-FIVE THOUSAND DOLLARS TO FORTY THOUSAND DOLLARS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-1110 SO AS TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE A REGULATION TO PROVIDE FOR THE CALCULATION AND REFUNDING OF EXCESS PROFITS OF INSURANCE COMPANIES AND TO ESTABLISH WHEN THE INCREASED FINANCIAL RESPONSIBILITY REQUIREMENTS MUST TAKE EFFECT.
Rep. J. BRADLEY explained the Veto. Rep. T.M. BURRISS spoke in favor of the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows.
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Burch Carnell Chamblee Cooper Dangerfield Davenport Day Edwards Faber Felder Ferguson Foster Gentry Gregory Harris, J. Harris, P. Harvin Hayes Hendricks Hodges Holt Huff Johnson, J.W. Jones Kay Keyserling Kirsh Lewis Lockemy Mappus Martin, D. Mattos McBride McGinnis McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Snow Taylor Townsend Tucker Waldrop Washington Whipper White Wilder
Those who voted in the negative are:
Aydlette Baker Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cole Cork Corning Derrick Fair Hearn Humphries Klapman Kohn Koon Lanford Martin, L. McCain Pettigrew Simpson Sturkie Thrailkill Wells Wilkins Winstead
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 4292 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 4025, RELATING TO CAPITAL IMPROVEMENT BONDS, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION ON TUESDAY, MAY 24, 1988, AT 12:30 P.M. AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4025 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 4025 be set by special order for second and third reading or other disposition on Tuesday, May 24, 1988, at 12:30 p.m. and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 4025 is given second and third reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
Rep. McCAIN moved to table the Resolution, which was not agreed to by a division vote of 5 to 99.
The question then recurred to the adoption of the Resolution, which was agreed to.
Rep. McLELLAN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4283 -- Rep. Ferguson: A CONCURRENT RESOLUTION TO WELCOME MRS. MARY HATWOOD FUTRELL, PRESIDENT OF THE NATIONAL EDUCATION ASSOCIATION, TO THIS STATE AS SHE VISITS GREENVILLE ON MAY 20, 1988, AND TO RECOGNIZE HER FOR HER MANY CONTRIBUTIONS AND ACCOMPLISHMENTS IN HER FIELD OF WORK.
H. 4286 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ROOSEVELT BOYD, DISTINGUISHED MEMBER OF CLARENDON COUNTY COUNCIL, FOR HIS TWENTY-FIVE AND ONE-HALF YEARS OF OUTSTANDING, DEVOTED SERVICE TO LAW ENFORCEMENT, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT FROM ACTIVE LAW ENFORCEMENT.
H. 4287 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF HARRY "HARRISON" McKNIGHT, LEE COUNTY'S OLDEST CITIZEN, WHO DIED APRIL 30, 1988, AT THE AGE OF ONE HUNDRED THREE.
H. 4291 -- Rep. Lanford: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO THE FIRST BAPTIST CHURCH OF ENOREE IN SPARTANBURG COUNTY FOR ITS ONE HUNDRED YEARS OF CHRISTIAN WITNESS AND FOR ITS MEANINGFUL CONTRIBUTIONS TO THE SPIRITUAL WELL-BEING OF ITS MEMBERS AND THE COMMUNITY IT SERVES.
At 11:45 A.M. the House in accordance with the motion of Rep. McLELLAN adjourned to meet at 10:00 A.M. tomorrow.
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