Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
On this Memorial Day, we bow, O Lord, with other thankful Americans as we pay tribute to those who valiantly fought and bravely died for this great Nation. Bring comfort, we pray, to those who see again with memory's eye the parade of those who marched away never to return. Be especially near to those who bear the trauma of war, granting them the assurance of a grateful people.
May our response to their self-giving be purer lives, nobler service, and deeper dedication to the causes for which they gave so much. Make us to live worthily in a Nation with liberty and justice for all in a world at peace.
"Lord God of hosts, be with us yet, lest we forget, lest we forget".
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 Friday, the SPEAKER ordered it confirmed.
The following was received.
To the Honorable Carroll A. Campbell, Jr., Governor of South Carolina, and Members of the General Assembly of South Carolina:
The South Carolina Legislative-Governor's Committee on Mental Health and Mental Retardation is pleased to offer the 1988 Annual Report for your consideration.
The following members of the South Carolina General Assembly serve with me on the Mental Health/Mental Retardation Committee: Senator Harvey Peeler, Jr., Gaffney, Senator James E. Bryan, Jr., Laurens, Senator Thomas E. Smith, Jr., Pamplico, Senator John C. Hayes, III, Rock Hill, Representative Marion Carnell, Ware Shoals, Representative Derwood Aydlette, Charleston, and Representative Jean L. Harris, Cheraw. The following citizens of South Carolina are appointed by the Governor to serve as members of the Mental Health/Mental Retardation Committee: Mr. James Harrison, Denmark, Mr. Jack Barnes, Anderson, Mrs. Nancy Banov, Charleston, and Mrs. Naomi Dreher, Columbia.
Committee meetings and public hearings on mental health issues gave the Committee a busy year. Many people have shared their time with us to better the quality of life for those stricken with mental illness and persons with mental retardation. We give them our heartfelt thanks.
Respectfully submitted,
Rep. Patrick B. Harris, Chairman
Sen. Thomas E. Smith, Jr.
Sen. James E. Bryan, Jr.
Sen. John C. Hayes, III
Sen. Harvey Peeler, Jr.
Rep. Jean L. Harris
Rep. Marion Carnell
Rep. Derwood Aydlette
Mr. Jack Barnes
Mrs. Naomi Dreher
Mrs. Nancy L. Banov
Mr. James Harrison
The Committee was created in 1957 by Concurrent Resolution H. 1895 and was called the Committee to Study Public and Private Facilities for Mental Health and Mental Laws of South Carolina. Senate Resolution S.648 of 1958 and Senate Resolution S.76 of 1959 continued the Committee's existence for two years until Act 888 in 1960 created a permanent study Committee. The Committee's name was changed to Legislative-Governor's Committee on Mental Health and Mental Retardation by Act 617 of 1967. Act 38 of 1973 increased the size of the Committee from nine to twelve members and expanded the Committee's scope to include the study of "mental retardation and mental retardation institutions."
The Committee continues to operate pursuant to Act 38 of 1973 (Sections 2-39-10 and 2-39-20 of 1976 Code of Laws of South Carolina). This Act provides for a twelve-member Committee: four Senate members appointed by the President of the Senate, four House members appointed by the Speaker of the House, and four Governor appointees.
Several pieces of the legislation filed by the Mental Health/Mental Retardation Committee members passed during the last year.
H.2102 (Act No. 158) was signed by the Governor on June 8, 1987. It creates Section 44-17-415 by requiring the results of a physical and psychiatric examination accompany a person, age 55 and above, when admitted to a mental health treatment facility on emergency psychiatric papers.
H.2101 (Act No. 397) was signed by the Governor on March 15, 1988. It amends Section 44-52-50 regarding transportation of involuntarily committed alcohol and drug abuse patients. It amends Section 44-3-140 regarding the State Hospital and Construction and Franchising Act by further exempting any federal health care facility sponsored and operated by the state from the provisions of Article 3. It amends Chapter 17, Title 44 by creating Sections 44-17-450 and 44-17-460. Section 44-17-450 directs the Department of Mental Health to develop and maintain a preadmission and evaluation service for psychiatric emergencies at the local community level. Section 44-17-460 provides for examinations prior to emergency admissions by a physician in conjunction with consultation with the mental health center regarding treatment options.
H.2103 (Act No. 116) was signed by the Governor on May 26, 1987. It provides technical amendments to Chapter 52, Title 44, 1976 Code of Laws on the Involuntary Commitment Act for Alcohol and Drug Abuse.
S.651 (Act No. 311) was signed by the Governor on February 24, 1988. Amends Section 44-23-1080 to describe contraband at the Department of Mental Health, eliminate the need for signs, requires that furnishing patients with alcohol or controlled substances is a misdemeanor and furnishing a patient with firearms or weapons is a felony. Provides for appropriate penalties.
PATIENT RIGHTS FOR MENTALLY ILL, MENTALLY RETARDED AND ALCOHOL AND DRUG ABUSE:
H.2996
CURRENT LAW:
Current law has no consolidated section of rights for patients or clients in South Carolina facilities. Rather, various rights are spread out among the code book.
PROPOSED LEGISLATION:
Amends the code of laws primarily in Title 44, to consolidate existing laws into a new chapter in the code book as well as modify some of the more archaic sections of law to conform to modern trends. Develops new sections of law in an effort to keep up with national standards concerning the rights of persons in mental health or mental retardation facilities.
STATUS:
H.2996 is in House Medical Affairs.
EXPLANATION:
Result of a task force conducted by the Committee to study patient rights.
COMMITMENT OF CHILDREN IN NEED OF MENTAL HEALTH TREATMENT
H.2138
S.257
CURRENT LAW:
Adult commitment statutes currently applicable to children.
PROPOSED LAW:
Creates a new chapter (Chapter 24) of code for commitment of children in need of mental health treatment. Provides for care and treatment.
STATUS:
H.2138 in House Medical Affairs Committee. They conducted a public hearing February 17, 1987. S.257 in Senate Medical Affairs Committee.
EXPLANATION:
Result of a task force held by the Committee to look at the needs of mentally ill and emotionally disturbed children in the mental health system of services.
TAX CREDIT - FAMILIES CARING FOR MENTALLY RETARDED:
H.2137
S.227
CURRENT LAW:
None
PROPOSED LAW:
Provides for different levels of tax credits for families contributing one-half of the financial support for a severely retarded person living at home or in an institution. Defines severely retarded person.
STATUS:
H.2137 tabled in House Ways and Means Committee.
S.227 in Senate Finance Committee.
EXPLANATION:
Requested by the Department of Mental Retardation as as aid to those families caring for severely mentally retarded.
ADMINISTRATIVE LEAVE:
H.2997
CURRENT LAW:
Section 8-11-40 provides for administrative leave with pay to full time employees who are disabled by patient assault.
PROPOSED LAW:
Provides for administrative leave with pay not to exceed 180 days.
STATUS:
H.2997 passed the House. Referred to Senate Finance Committee.
PROTECTION AND ADVOCACY:
H. 3561
CURRENT LAW:
Section 43-33-350 provides powers and duties for the S.C. Protection and Advocacy System for the Handicapped.
PROPOSED LAW:
Amends section to provide consistency with Federal mandates.
STATUS:
H. 3561 passed the House. Recalled from Senate Medical Affairs Committee. Passed the Senate. Enrolled for ratification.
H.2531
EXPLANATION:
Would repeal the Involuntary Commitment Act for Alcohol and Drug Abuse (Chapter 52, Title 44, 1976 Code of Laws).
STATUS:
Referred to House Medical Affairs Committee.
H.2446 (Act No. 323)
EXPLANATION:
Amends Sections 17-24-10, 17-24-20, 17-24-30 and 17-24-70 relating to the insanity defense, the guilty but mentally ill verdict and sentencing.
STATUS:
Signed by the Governor on February 24, 1988.
S.732 (Act No. 352)
EXPLANATION:
Amends Sections 15-3-40, 15-78-20, 15-78-30, 15-78-60, 15-78-70, 15-78-100, 15-78-110, 15-78-120 and 59-67-710 for tort reform.
STATUS:
Signed by the Governor on March 14, 1988.
S.448
EXPLANATION:
Requires that City or County Councils and all residents within three miles of a proposed location of a residential care facility be given written notification of the proposed home site. The governing council would be required to hold a public hearing and approve the location before a residential care facility could open for operation.
STATUS:
Referred to Senate Medical Affairs Committee.
H.2539
EXPLANATION:
Would exempt the Department of Mental Health and the Department of Mental Retardation from requirements for both certificate of need and licensure.
STATUS:
Reported out of House with amendments. Referred to Senate Medical Affairs Committee. Recalled and placed on Senate Calendar. Ordered to third reading with notice of general amendments.
S.478
EXPLANATION:
Currently, residential care facilities for nine or fewer mentally or physically handicapped persons are treated as a natural home and are exempt from zoning ordinances. This legislation would remove the exemption from zoning ordinances by lifting the classification of residential - natural home.
STATUS:
Referred to Senate Judiciary Committee.
S.463
EXPLANATION:
Requires the Department of Mental Health to assume responsibility for transportation of mental health commitments.
STATUS:
Referred to Senate Medical Affairs Committee. Discussed by full Committee. Recommitted to subcommittee for amendments.
S.261 (Act No. 172)
EXPLANATION:
Allows intermediate care facilities for mentally retarded to be under the supervision of a licensed nursing home administrator or a qualified mental retardation professional. Defines intermediate care facility and qualified mental retardation professional.
STATUS:
Signed by the Governor on June 30, 1987.
H. 3644
EXPLANATION:
Requires a criminal history check on potential Department of Mental Health employees.
STATUS:
Tabled in House Medical Affairs Committee.
H. 3543
EXPLANATION:
Requires notification of victim before Department of Mental Health allows plea bargaining for forensic patients.
STATUS:
Referred to House Medical Affairs Committee.
H. 3345
EXPLANATION:
Provides for victim counseling by mental health center.
STATUS:
Tabled House Medical Affairs Committee.
H. 3836
EXPLANATION:
Provides insurance coverage must include mental health coverage.
STATUS:
Tabled Labor, Commerce and Industry Committee.
H. 2715
EXPLANATION:
Provides for referendum on additional cause for divorce-incurable insanity.
STATUS:
Passed House. Amended in Senate. House non-concurred. Conference Committee.
S.702
EXPLANATION:
Requires notification of local law enforcement when violent patients are released from a mental health facility.
STATUS:
Referred to Senate Judiciary Committee.
H. 3645
EXPLANATION:
Requiring autopsies on Department of Mental Health patients upon demand.
STATUS:
Tabled in House Medical Affairs Committee.
H. 3425
EXPLANATION:
Expands the membership of the Mental Health Commission from seven to nine.
STATUS:
Referred to House Medical Affairs Committee.
H. 3646
EXPLANATION:
Provides for reports of abuse at the Department of Mental Health to the Governor's Office and the Mental Health/Mental Retardation Committee.
STATUS:
Referred to House Medical Affairs Committee.
The Committee is allocated $62,165 annually and is currently authorized for three positions.
The Department of Mental Health and the Department of Mental Retardation are allocated the 5th and 11th largest budgets respectively. Together, these agencies receive 7.8 percent of the General fund. The Mental Health/Mental Retardation Committee closely follows the budget process as it effects these two agencies.
Team advocacy is the concept of having trained volunteers work with an agency to improve the living conditions of institutionalized patients. Currently, the concept is limited to the Department of Mental Health.
The Mental Health/Mental Retardation Committee sponsored the team advocacy project through recommendation of Ms. Louise Ravenel, S.C. Protection and Advocacy System. The Committee sponsored the initial training of approximately 20 volunteers in 1985. Since then, the S.C. Mental Health Association and the S.C. Protection and Advocacy System have trained an additional 70 volunteers, bringing the total number of team advocacy volunteers close to 100.
Teams of volunteers make surprise visits to psychiatric wards and check basic living conditions such as ward and patient cleanliness and appearance etc. Their report is forwarded to the Mental Health/Mental Retardation Committee and from there to the Department of Mental Health. The Department of Mental Health has 30 days to respond to the report with a plan of correction. Once the plan of correction is in place, the team advocacy volunteers make follow-up visits to the wards.
The response from the Department of Mental Health has been excellent. Federal grant money resulting from the Protection and Advocacy for Mentally Ill Individuals Act has allowed the S.C. Mental Health Association and S.C. Protection and Advocacy System to hire one full-time staff person to work with team advocacy.
In May, 1986, President Reagan signed into law the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (PAMI). As a result, S.C. Protection and Advocacy System has increased responsibilities for advocating on behalf of persons who have been diagnosed as mentally ill or emotionally impaired.
An Advisory Board has been established to aid the S.C. Protection and Advocacy System in meeting their new responsibilities. The Mental Health/Mental Retardation Committee Chairman and staff are actively involved with the Advisory Board. The Advisory Board has two subcommittees: discharge planning and research and education. Board members include advocates, consumers of mental health services, agency employees, judges and government representatives.
Discharge planning and statewide education on mental illness are the primary focus of the Board at this time.
Committee staff serves on an Advisory Board of a project funded by federal grant money called KIVA and Community Outreach Program. The project began in October 1986 and will run through October 1989.
Part One of the project is to identify and assist those S.C. State Hospital patients who, when faced with eminent discharge into the community, have hindered that discharge by an overt act, either immediately prior to or immediately after discharge. Additionally, it is the purpose of this project to research this conduct to determine if contributing factors can be identified to develop methodologies to control these factors.
Part Two of the project is the Community Outreach Program. S.C. Mental Health Association staff will work with their unstaffed chapters to help them develop volunteer run community support programs for patients and a consumer of mental health services will work with Association chapters to develop consumer self-help groups.
The Committee conducted two state-wide public hearings in August and September 1987. The hearings focused on mental health issues. After subcommittee activity on public hearing issues, the full Committee voted to pursue the following issues:
1. To support and follow the establishment of peer advocacy for mental health patients.
2. To encourage the Department of Mental Health to continue their work with the sheriff's in training staff to transport mental health patients.
3. To study the issue of insurance coverage in the area of mental health.
4. To continue to monitor the Memorandum of Agreement between the Department of Mental Health and the Department of Mental Retardation on dually diagnosed (mentally ill-mentally retarded).
5. To continue efforts to establish a commitment law for children.
6. To study community care homes.
The Committee continues a project to study the mental retardation statutes and other state statutes that affect the lives of persons with mental retardation. A task force of 45 people-professionals in the field of mental retardation, advocates, patients, agency staff and legislative staff are working to make recommendations for legislation or policy changes to the Mental Health/Mental Retardation Committee. The scheduled completion date for the study is September 30, 1988.
Sponsorship of team advocacy will continue. The Committee believes the concept of living conditions reviews will help the state better serve institutionalized persons. Participation of the KIVA Advisory Board and the PAMI Advisory Board will also continue.
The Committee intends to re-write children's commitment law and patient rights legislation this summer. The Committee voted to study a number of additional issues as a result of the public hearings.
Work continues on outpatient commitment legislation and further consideration may be given to alcohol and drug abuse revisions.
The Committee plans a joint meeting with the Children's Committee to study the Continuum of Care for Emotionally Disturbed Children. The Continuum of Care Policy Council has as members Chairmen of the two joint Committees.
Committee members and staff visit facilities and community programs/homes of both the Department of Mental Health and the Department of Mental Retardation. Some of the visits are arranged tours and others are unannounced visits. These visits result in first hand knowledge of how the two agencies operate their programs. The Committee has also been very active in handling constituent concerns of General Assembly members relating to mental health or mental retardation. There have also been numerous speaking engagements by members and staff across the state relating to mental health and mental retardation.
The Committee receives several publications beneficial to both staff and members. The following are available upon request:
Hospital and Community Psychiatry, State Health Reports - Mental Health & Alcoholism and Drug Abuse, Community Health Journal, New Directions, Legislative News and Views, Mental Health Reports, Bell Ringer, The Catalyst, The S.C. P&A Advocate, American Journal of Mental Deficiency, Capitol Capsule, Mental Health Law Reporter, Mental and Physical Disabilities Law Reporter, SCDMR Forum.
Received as information.
The following was received.
May 26, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 997)
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on May 26, 1988 regulations concerning Milk and Milk Products from the South Carolina Department of Agriculture.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
Rep. ARTHUR moved that when the House adjourns it adjourn in memory of the American citizens who died in the service of their country, which was agreed to.
Rep. BLACKWELL moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.
The following was received.
Columbia, S.C., May 26, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1335:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 26, 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 Conference on S. 1159, and the Report having been adopted by both Houses:
S. 1159 -- Senators Fielding and McConnell: A BILL TO AMEND SECTION 6-7-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRANTING POWER FOR ZONING TO MUNICIPALITIES AND COUNTIES, SO AS TO PROVIDE THAT THEY HAVE THE AUTHORITY TO PROVIDE FOR THE PRESERVATION AND PROTECTION OF TREES.
has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 44
Received as information.
The following was received.
Columbia, S.C., May 26, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Garrison, Setzler and Courson of the Committee of Conference on the part of the Senate on H. 3983:
H. 3983 -- Education and Public Works Committee: "THE CUTTING EDGE BILL". (Abbreviated Title)
Very respectfully,
President
No. 74
Received as information.
The following was received.
Columbia, S.C., May 26, 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 Conference on S. 1006:
S. 1006 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.
Very respectfully,
President
No. 45
Received as information.
The Senate returned to the House with amendments the following:
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.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3742 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-221 SO AS TO PROVIDE FOR A MEDICAL ADVISORY BOARD TO ADVISE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON THE MENTAL AND PHYSICAL FITNESS OF PERSONS TO BE LICENSED TO OPERATE MOTOR VEHICLES.
Rep. SIMPSON explained the Senate Amendment.
Rep. SIMPSON moved to waive Rule 5.14, which was rejected by a division vote of 28 to 32.
The Senate Amendments were then ordered printed on the Calendar.
The Senate returned to the House with amendments the following:
H. 3988 -- Reps. Clyborne, Haskins and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-7-175 SO AS TO AUTHORIZE THE ISSUANCE OF A SUBPOENA DUCES TECUM BY A CORONER IN DEATH INVESTIGATIONS, AND TO PROVIDE CONTEMPT PENALTIES FOR VIOLATION.
Rep. CLYBORNE moved to waive Rule 5.14, which was agreed to by a division vote of 59 to 0.
Rep. CLYBORNE explained the Senate Amendment.
The Senate Amendments were agreed to by a division vote of 49 to 5, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was introduced:
H. 4322 -- Reps. Foxworth, Holt, Whipper, J. Bradley, Washington, Winstead, Aydlette, D. Martin, Dangerfield, Kohn and Mappus: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR HOUSE BILL 3960 INTRODUCED IN THE UNITED STATES CONGRESS BY CONGRESSMAN ARTHUR RAVENEL, JR., WHICH DIRECTS THE UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE TO ASSUME RESPONSIBILITY FOR AND PROTECT THE COUNTRY HOME OF CHARLES PINCKNEY, DISTINGUISHED SOUTH CAROLINA POLITICAL LEADER AND DIPLOMAT, LOCATED IN SNEE FARM IN CHARLESTON COUNTY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1540 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. LILLIAN MCDUFFIE FLEMING DELAINE OF MANNING IN CLARENDON COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
S. 744 -- Senator Drummond: A BILL TO AMEND SECTION 48-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLLUTION OF THE ENVIRONMENT, SO AS TO PROVIDE A CRITERIA FOR DETERMINING THE AMOUNT OF DAMAGES BY USING THE METHODOLOGY RECOGNIZED IN BIOLOGICAL AND ENVIRONMENTAL DISCIPLINES AND, IN THE CASE OF DAMAGE TO THE FISHERIES RESOURCES, THE AMERICAN FISHERIES SOCIETY METHODOLOGY MUST BE USED.
Referred to Committee on Agriculture and Natural Resources.
S. 1507 -- Senator Williams: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTH CAROLINA MAGISTRATES' ASSOCIATION, INC. IN LEXINGTON COUNTY.
Without reference.
S. 1526 -- Senators Nell W. Smith and Stilwell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF C & J TEXTILE MACHINERY AND SUPPLIES, INC., IN GREENVILLE COUNTY.
Without reference.
S. 1528 -- Senators Moore and Shealy: A JOINT RESOLUTION TO AUTHORIZE THE AIKEN COUNTY BOARD OF EDUCATION TO LEVY EIGHTY-FOUR MILLS FOR FISCAL YEAR 1988-89 WHICH ONLY MAY BE USED FOR THE OPERATIONS OF THE SCHOOL DISTRICT.
Without reference.
S. 1534 -- Senators McLeod, Matthews and Waddell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JOINT ADMINISTRATION OF FUNCTIONS AND THE EXERCISE OF POWERS BY COUNTIES, MUNICIPALITIES, OR OTHER POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT COUNTIES MAY JOINTLY DEVELOP AN INDUSTRIAL OR BUSINESS PARK WITH OTHER COUNTIES WITHIN THE GEOGRAPHICAL BOUNDARIES OF ONE OR MORE OF THE MEMBER COUNTIES, WHERE THE AREA COMPRISING THE PARKS AND ALL PROPERTY HAVING A SITUS THEREIN IS EXEMPT FROM ALL AD VALOREM TAXATION BECAUSE THE OWNERS OR LESSEES OF ANY PROPERTY SITUATED IN THE PARK MUST PAY AN AMOUNT EQUIVALENT TO THE PROPERTY TAXES OR OTHER IN-LIEU-OF PAYMENTS THAT WOULD HAVE BEEN DUE AND PAYABLE EXCEPT FOR THE ABOVE EXEMPTION.
On motion of Rep. McTEER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1535 -- Senator Dennis: A BILL TO REPEAL ACT 579 OF 1980 RELATING TO THE MAGISTRATE FOR HILTON'S CROSS ROADS IN BERKELEY COUNTY.
Without reference.
S. 1539 -- Senator Bryan: A BILL TO DESIGNATE VOTING PLACES IN LAURENS COUNTY.
Referred to Laurens Delegation.
The following was introduced:
H. 4323 -- Reps. J. Bradley, Waldrop, Kohn, Winstead, P. Bradley, Harvin and Felder: A HOUSE RESOLUTION COMMENDING MR. JAMES BROWN OF CHARLESTON COUNTY FOR HIS OUTSTANDING WORK FOR THE HOUSE OF REPRESENTATIVES AND HIS DEDICATION AND WISHING HIM SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4324 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION COMMENDING SENATOR WILLIAM E. (SAM) APPLEGATE, III, OF CHARLESTON COUNTY FOR OUTSTANDING LEGISLATIVE SERVICE AND WISHING HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4325 -- Reps. J. Bradley, Aydlette, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST GRATITUDE POSSIBLE OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE EXCELLENT, DISTINGUISHED SERVICE IN THE LEGISLATURE OF THE HONORABLE CLYDE MOULTRIE DANGERFIELD OF CHARLESTON COUNTY, THANKING HIM FOR HIS FRIENDSHIP, AND WISHING HIM THE BEST THE WORLD HAS TO OFFER IN HIS FUTURE PURSUITS.
Whereas, since 1953, a distinguished gentleman and citizen of Charleston County has graced the halls of the General Assembly as a member of the House of Representatives; and
Whereas, this outstanding man, the Honorable Clyde Moultrie Dangerfield, has rendered superb, practically incomparable service to his constituents and to us, his colleagues, in the General Assembly; and
Whereas, he is a good man in every way and is honest, caring, loyal, and dedicated; and
Whereas, we have been most fortunate to know Clyde Dangerfield and to have worked with him, and we regard him as a "legislator's legislator"; and
Whereas, his chairmanship of the House Labor, Commerce and Industry Committee, which he has headed for so many years, has been marked by quiet efficiency and the greatest degree of fairness; and
Whereas, he is so highly respected and so well liked by his colleagues that words are quite inadequate to express our real feelings; and
Whereas, "Mr. Chairman" has always sought to do an excellent job in the General Assembly for his constituents and has placed the needs of all the people of our great State first and foremost in all his actions; and
Whereas, all of us who have served with him and all those who have worked for him have grown deeply attached to this remarkable person because of his wonderful qualities, his insight, his intelligence, his eternally optimistic attitude and cheerfulness, and his genuine kindness; and
Whereas, Clyde Dangerfield has been our true friend and has loved us and we, in turn, have come to love him; and
Whereas, we were very much saddened to learn that he would not seek reelection to the House in 1988 but, instead, had decided to retire from active legislative service; and
Whereas, the members of these two houses are smart enough to know that, even though he is retiring from the General Assembly, Clyde Dangerfield will probably go right on serving the public in one or more capacities, because it is in his nature to serve and certainly is not in his nature to sit still and do nothing; and
Whereas, he has made an impression on House members and Senators alike that will not quickly fade away but is, in truth, quite permanent, and it is with the utmost respect, admiration, and affection that we say: "We salute you, Mr. Chairman, and we thank you for such a marvelous legislative career and for your friendships" Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express the deepest gratitude possible for the excellent, distinguished service in the Legislature of the Honorable Clyde Moultrie Dangerfield of Charleston County, thank him for his friendship, and wish him the very best the world has to offer in all of his future pursuits.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Clyde M. Dangerfield of Charleston County.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. TAYLOR, with unanimous consent, the following was taken up for immediate consideration:
H. 4326 -- Rep. Taylor: A CONCURRENT RESOLUTION RECOGNIZING, PROMOTING, AND SUPPORTING "PROFESSIONAL GROWTH AND DEVELOPMENT WEEK FOR BLACK WOMEN", JUNE 12-18, 1988.
Whereas, programmatic efforts to provide Black women with economic independence and self-sufficiency are worthy of being established, maintained, or expanded in our society; and
Whereas, it is important for Black women to maintain a network of positive, useful, and current information developed to address the problems encountered by Black women in the workforce; and
Whereas, it is hoped that Black women will continue to identify successful role models who promote coping strategies, foster self-esteem, and encourage the learning of marketable skills; and
Whereas, Black women, particularly younger Black women beginning their careers, should be encouraged to prepare for their retirement years by making pre-retirement plans through good financial management; and
Whereas, the professional development of Black women demands the active involvement and personal responsibility of those who are in positions to bring about change; and
Whereas, "Professional Growth And Development Week For Black Women", June 12-18, 1988, will aid in drawing attention to the needs of Black women in the workforce and will focus upon ways that encourage and foster their professional growth and development in a substantive manner. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, recognizes, promotes, and supports "Professional Growth And Development Week For Black Women", June 12-18, 1988.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4327 -- Reps. Klapman, Derrick and Felder: A CONCURRENT RESOLUTION CONGRATULATING THE LADY BEARCATS SOFTBALL TEAM AND COACH CINDY KESSLER OF BROOKLAND-CAYCE HIGH SCHOOL IN LEXINGTON COUNTY ON WINNING ITS SECOND CONSECUTIVE CLASS AAAA STATE CHAMPIONSHIP ON MAY 20, 1988.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4328 -- Rep. L. Phillips: A CONCURRENT RESOLUTION TO CONGRATULATE RUUD VULLERS, EXCHANGE STUDENT FROM THE NETHERLANDS, AT SPRING VALLEY HIGH SCHOOL IN RICHLAND COUNTY ON HIS OUTSTANDING ACCOMPLISHMENTS IN ACADEMICS AND ATHLETICS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4329 -- Reps. Barfield, Pearce and Elliott: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE BENJAMIN EDWARD THRAILKILL, JR., OF HORRY COUNTY, OUR FRIEND AND DISTINGUISHED COLLEAGUE, FOR HIS EXCEPTIONAL LEGISLATIVE SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AS HE RETIRES FROM PUBLIC OFFICE AND TO WISH HIM HAPPINESS AND SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, Representative Benjamin Edward Thrailkill, Jr., of Horry County, our friend and distinguished colleague, is not offering for reelection as a member of the South Carolina House of Representatives from District No. 106; and
Whereas, Representative Thrailkill has served in the House of Representatives since 1983 and is a retired dentist residing in Garden City; and
Whereas, a graduate of Clemson College in 1947 and the Medical College of Virginia School of Dentistry in 1954, Representative Thrailkill is married to Peggy Brady and has two children, Edward III and William; and
Whereas, he was a delegate to the Republican National Convention in 1972, 1976, and 1980, served as a Presidential Appointee of the Region IV Health Advisory Committee, 1972, is a member of the Pee Dee Dental Society and the South Carolina and American Dental Associations, served on the Basic Skills Advisory Committee, 1978-80, and the South Carolina Health Coordination Council, 1976-80, and was vice-chairman 1978-80, served on the Board of Directors of the Pee Dee Regional Health Systems Agency, 1976-80, and was a Presidential Appointee to the National Advisory Council on Health Professional Education, 1981-85. Representative Thrailkill served his country during World War II as Captain from 1943-46 and was awarded the Purple Heart and the Bronze and Silver Stars; and
Whereas, the members of the General Assembly would like to publicly commend Ben Thrailkill for all he has done to make Horry County and South Carolina a better place to live and work. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend the Honorable Benjamin Edward Thrailkill, Jr., of Horry County, our friend and distinguished colleague for his exceptional legislative service as a member of the House of Representatives as he retires from public office and to wish him happiness and success in all of his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Representative Thrailkill.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The SPEAKER announced that nominations were in order for a Clerk of the House.
Rep. EDWARDS nominated Mrs. Sandy McKinney of Columbia as follows:
"Mr. Speaker, ladies and gentlemen of the House...It is my honor and privilege to nominate Mrs. Sandy McKinney as Clerk of the House to fill the unexpired term to be left vacant by Mrs. Lois Shealy. Sandy has worked in state government since 1971, when she was employed as staff assistant to the Ethics Committee. She was also employed by the Rules Committee and the Speaker Pro Tempore at this time. In 1974, she accepted the position of Executive Secretary of the House and has continuously served in that capacity. Sandy has worked for Speakers Blatt, Carter, Schwartz, and she currently works for our Speaker, Bob Sheheen. Sandy is a graduate of the University of South Carolina, where she was on the Dean's List, and received a Bachelor of Science Degree from the College of Applied Professional Sciences. Sandy is a wife, mother and a friend. She is a dedicated public servant and an excellent administrator. She is loyal and has a keen responsibility and dedication for the best interest of all of those she serves. She is eminently qualified for this position, and it is my privilege today to nominate Mrs. Sandy McKinney for the position of Clerk of the House of Representatives."
Rep. P. HARRIS; Rep. DANGERFIELD; Rep. WHITE, on behalf of the Jasper Delegation; Rep. HUFF, Rep. KLAPMAN, Rep. CORNING and Rep. BLANDING, seconded the nomination of Mrs. McKinney.
On motion of Rep. WINSTEAD nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the SPEAKER announced that Mrs. Sandy McKinney was duly elected for the term prescribed by law.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cole Cooper Cork Corning Dangerfield Day Derrick Edwards Faber Fair Felder Ferguson Foster Foxworth Gentry Gordon Harris, J. Harris, P. Harvin Haskins Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Kohn Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Sturkie Taylor Thrailkill 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 30, 1988.
Stephen Lanford Ralph Davenport E.B. McLeod Larry Blanding Frank Gilbert Larry Koon Jack Gregory C.D. Chamblee Grady Brown Paul M. Burch Eugene C. Stoddard Dick Elliott John J. Snow Robert O. Kay George H. Bailey
LEAVES OF ABSENCE
The SPEAKER granted Reps. TOWNSEND and SHARPE a leave of absence for the day.
The SPEAKER granted Rep. DAY a leave of absence for the remainder of the day.
Rep. BLACKWELL moved to print House Bills on the Second Reading Contested Calendar by number only after today, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. J. BRADLEY having the floor.
H. 4304 -- Charleston Delegation: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-89 FOR JAMES ISLAND PUBLIC SERVICE DISTRICT, AND TO PROVIDE FOR THE OPERATING BUDGET OF JAMES ISLAND PUBLIC SERVICE DISTRICT FOR FISCAL YEAR 1988-89.
Rep. J. BRADLEY continued speaking.
Further proceedings were interrupted by expiration of time in the local uncontested period, the pending question being consideration of the Bill, Rep. J. BRADLEY having the floor.
The following was received.
The General Assembly, Columbia, S.C., May 24, 1988
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3925 -- Rep. McLellan: A BILL TO AMEND SECTION 10-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE STATE HOUSE STEPS, GROUNDS, AND THE CAPITOL MALL, SO AS TO DELETE THE REFERENCE TO THE CAPITOL MALL, INCLUDE THE STATE HOUSE LOBBIES AND OTHER PUBLIC BUILDINGS AND GROUNDS, AND REVISE THE REQUIREMENTS AUTHORIZING THE USE OF THE AREAS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill pass amended as follows:
Section 10-1-30, as contained in SECTION 1, page 3925-2, by striking the sentence beginning on line 27 and inserting:
/The Director of the Division of General Services of the State Budget and Control Board may authorize the use of the State House lobbies, the State House steps, and grounds, and capitol mall for functions which are not normal to the operation of State government by issuing a permit for such functions other public buildings and grounds in accordance with regulations promulgated by the board. The director shall obtain the approval of the Clerk of the Senate before authorizing any use of the Gressette Building and shall obtain the approval of the Clerk of the House of Representatives before authorizing any use of the Blatt Building./
Amend title to conform.
/s/James M. Waddell, Jr. /s/Robert N. McLellan /s/Thomas E. Smith, Jr. /s/Herbert Kirsh /s/Glenn F. McConnell /s/Jarvis R. Klapman 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 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 Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4166 -- Reps. J. Bradley and Day: A BILL TO AMEND SECTION 38-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR INSURERS, SO AS TO PROVIDE THAT FOREIGN INSURANCE COMPANIES REINSURING CERTAIN INDIVIDUAL LIFE INSURANCE, ACCIDENT OR HEALTH INSURANCE, OR ANNUITY CONTRACTS ARE SUBJECT TO THESE LICENSE FEES; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO PROVIDE THAT PREMIUMS RECEIVED ON REINSURANCE BY FOREIGN INSURANCE COMPANIES ON CERTAIN INDIVIDUAL LIFE INSURANCE, ACCIDENT OR HEALTH INSURANCE, OR ANNUITY CONTRACTS ARE SUBJECT TO THESE PREMIUM TAXES; AND TO AMEND SECTION 38-25-150, RELATING TO EXEMPTIONS FROM PROVISIONS RELATING TO THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS; SECTION 38-63-640, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING LIFE INSURANCE POLICIES, SECTION 38-69-220, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING ANNUITIES; AND SECTION 38-71-100, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING ACCIDENT AND HEALTH INSURANCE SO AS TO DELETE THE EXEMPTIONS PERTAINING TO REINSURANCE OF CERTAIN INDIVIDUAL POLICIES OR CONTRACTS.
Rep. HUFF, from the Committee on Rules, submitted a favorable report, with amendments, on:
S. 1524 -- Senators Waddell and Lindsay: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, JUNE 2, 1988, ITS RESPECTIVE BODIES ARE AUTHORIZED TO CONTINUE IN SESSION BEYOND JUNE 2, 1988, UNDER THE RULES OF THE RESPECTIVE BODIES AND IN COMPLIANCE WITH THE PROVISIONS OF SECTION 21 OF ARTICLE III OF THE CONSTITUTION OF THIS STATE.
On motion of Rep. HUFF, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1524 -- Senators Waddell and Lindsay: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, JUNE 2, 1988, ITS RESPECTIVE BODIES ARE AUTHORIZED TO CONTINUE IN SESSION BEYOND JUNE 2, 1988, UNDER THE RULES OF THE RESPECTIVE BODIES AND IN COMPLIANCE WITH THE PROVISIONS OF SECTION 21 OF ARTICLE III OF THE CONSTITUTION OF THIS STATE.
Reps. HUFF, SHEHEEN and J. ROGERS proposed the following Amendment No. 1 (Doc. No. 4341J), which was adopted.
Amend the resolution, as and if amended, by striking all after the resolving words and inserting:
/That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that Code section, to permit the General Assembly to continue in session under the following terms and conditions:
(1) When the respective Houses adjourn on Thursday, June 2, 1988, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 7, 8, 9, 10, 14, 15, 16, and 17, 1988, for consideration of local and uncontested matters which have unanimous consent of the members of the delegation affected by the legislation, and for consideration of resolutions expressing sympathy or congratulations.
(2) When the respective Houses of the General Assembly adjourn on June 17, 1988, they shall stand adjourned to meet in regular statewide session at 10:00 a.m. Monday, June 20, 1988, and may continue in session daily for the consideration of:
(a) gubernatorial vetoes;
(b) receipt and confirmation of appointments;
(c) appointments of conference and free conference committees;
(d) consideration of conference and free conference reports;
(e) ratification of acts;
(f) concurrence and nonconcurrence in any legislative matter received from the other House;
(g) local matters if the affected delegation is unanimous. (3) When the General Assembly adjourns on Thursday, June 23, 1988, no later than 5:00 p.m., and it may stay in session no later than 5:00 p.m., it shall stand adjourned sine die./
Amend further by striking the title and inserting:
/TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 1988, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 7, 8, 9, 10, 14, 15, 16, AND 17, 1988, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 17, 1988, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 10:00 A.M. ON MONDAY, JUNE 20, 1988, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 20 THROUGH JUNE 23, 1988, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, JUNE 23, 1988, NO LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED SINE DIE./
Rep. HUFF explained the Resolution.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 2 (Doc. No. 4344J), which was adopted.
Amend the amendment, as and if amended, offered by Rep. Huff and others dated May 26, 1988, Document No. 4341J, page 2, item (2), by deleting subitem (f) in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. KIRSH having the floor.
S. 1175 -- Senators Garrison, Horace C. Smith and Waddell: A BILL TO AMEND SECTION 59-20-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO REVISE THE DEFINITION OF "INDEX OF TAXPAYING ABILITY", TO ESTABLISH A SCHEDULE OF REPORTING INFORMATION NECESSARY TO CALCULATE THE INDEX, TO REQUIRE A TWENTY PERCENT REDUCTION IN FUNDS APPROPRIATED FOR AID TO SUBDIVISIONS FOR A COUNTY IF ITS OFFICIALS FAIL TO REPORT NECESSARY DATA TO THE TAX COMMISSION IN A TIMELY FASHION, TO PROVIDE THAT THE TAX COMMISSION SHALL PROVIDE PRELIMINARY DATA IN THE INDEX TO APPROPRIATE OFFICIALS NOT LATER THAN MARCH FIRST AND A FINAL INDEX NOT LATER THAN MAY FIRST WHICH MAY NOT BE CHANGED DURING THE APPLICABLE SCHOOL YEAR, AND TO AMEND SECTION 12-43-305, RELATING TO PAYMENT OF PROPERTY TAXES WHEN VALUATION IS ON APPEAL, SO AS TO PROVIDE THAT IN THE CASE OF OVERPAYMENTS, THE ASSESSED VALUE FOR THE CURRENT YEAR MUST BE REDUCED BY THE CUMULATIVE AMOUNT OF THE EXCESS ASSESSMENT.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 26, by the Committee on Education and Public Works.
Rep. KIRSH continued speaking.
The amendment was then adopted.
Reps. J.W. JOHNSON and TOWNSEND proposed the following Amendment No. 2 (Doc. No. 4073J), which was adopted.
Amend the report, as and if amended, Section 59-20-20(3), as contained in SECTION 1, page 1175-3, by striking lines 7 through 9 and inserting:
/during the applicable school year. Changes and corrections occurring during the year must be reflected in the index for the following year. When the assessment of property is under appeal and the appeal extends beyond the year in which the assessment made pursuant to Section 12-43-305 is applied, the Tax Commission shall adjust the index of taxpaying ability in the year in which the appeal is resolved by the amount of any difference between the assessments. Any school/
Amend the report further, as and if amended, page 1175-5, by striking SECTION 3, beginning on line 14, and inserting:
/SECTION 3. This act takes effect January 1, 1988, and for purposes of calculating the index of taxpaying ability for the 1988-89 school year only, adjustments may be made through July 1, 1988./
Amend title to conform.
Rep. J.W. JOHNSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J.W. JOHNSON, with unanimous consent, it was ordered that S. 1175 be read the third time tomorrow.
The following Bill was taken up.
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. 11, which was proposed on Wednesday, May 25, by Reps. T.M. BURRISS and HEARN.
Rep. T.M. BURRISS explained the amendment.
Rep. HUFF 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 Arthur Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, J. Brown, R. Chamblee Clyborne Cooper Dangerfield Edwards Faber Felder Ferguson Foster Gilbert Gregory Harris, J. Harris, P. Harvin Hayes Hodges Holt Huff Johnson, J.C. Jones Kirsh Klapman Kohn Lewis Limehouse Lockemy Martin, D. Mattos McBride McEachin McElveen McGinnis McKay McLeod, E.B. McTeer Moss Neilson Nesbitt Pearce Petty Phillips, L. Phillips, O. Rhoad Rogers, T. Rudnick Sheheen Short Snow Taylor Tucker Waldrop Washington Whipper Wilder Wilkins Williams
Those who voted in the negative are:
Baker Brown, H. Burriss, M.D. Burriss, T.M. Cole Cork Corning Davenport Derrick Fair Foxworth Hearn Humphries Koon Lanford Mappus Martin, L. McAbee McCain Simpson Sturkie Wells
So, the amendment was tabled.
Reps. T.M. BURRISS and HEARN proposed the following Amendment No. 12 (Doc. No. 4178J), which was tabled.
Amend the bill, as and if amended, by adding a section, appropriately numbered to read:
/SECTION _____. A. Section 38-77-260 of the 1976 Code is amended to read:
"Section 38-77-260. (a) No person making payment or settlement of benefits for which the person is obligated under Sections 38-77-240 to 38-77-340 and no insurer may in connection with the payment or settlement of a claim for these first-party benefits or for any first-party benefits arising under an automobile insurer's coverage, including, but not limited to, medical payments and uninsured motorist coverage, obtain or attempt to obtain from the claimant receiving the benefits any general release, covenant not to sue, assignment, article of subrogation, or any other instrument or document which purports to assign to that person or insurer all or any portion of any claim which the claimant may have against any other party or his insurer arising out of legal liability or which purports to constitution agreement by the claimant that any amount received as first-party benefits must be deducted from any settlement or judgment recoverable from any other party or his insurer arising out of legal liability.. Every such purported general release, covenant not to sue, or similar instrument is null and void. unless (1) the insurer or other person has delivered to the person entitled to the first- party benefits, or his legal representative, a disclosure statement, on a form approved by the Commissioner, fully and fairly disclosing the fact that the first-party benefits payable under Sections 38-77-240 to 38-77-340 are contractual obligations of the insurer or other person and are entirely separate and distinct from any obligation which the insurer or other person may have because of the legal liability of any person and that the person receiving the first-party benefits is not required and may not be required to release or relinquish any rights which he may have arising out of the legal liability of any person in order to receive payment or settlement of the first-party benefits arising under Sections 38-77-240 to 38-77-340 and (2) an interval of not less than three days has elapsed between the later of (i) the delivery of the disclosure statement of (ii) the payment or settlement of the first-party benefits and the execution of the general release, covenant not to sue, or similar instrument.
(b) If a claimant recovering from his insurer the benefits for economic less provided by Section 38-77-240 brings action or brings claim against a person who has not furnished security pursuant to Section 56-10-20, the claimant may plead, prove, and recover the expenses for economic loss for which he has been reimbursed by his insurer but he shall hold in trust for the benefit of the insurer that portion of the recovery whether by the way of action or voluntary settlement. However, the portion of the recovery so held in trust must be reduced by the pro rata share of all court costs and legal expenses, including a reasonable attorney's fee, incurred by the claimant in effecting the recovery. A claimant has no right to recover against any person any damages for which personal injury benefits are paid or payable under Sections 38-77-240 and 38-77-250. The claimant may plead and prove all of his special damages for which he has received reimbursement, but, if these special damages are introduced into evidence, the trier of facts, whether judge or jury, may not award damages for which personal injury benefits are paid or payable. In all cases in which a jury is required to fix damages, the court shall instruct the jury to reduce its verdict by the amount of the personal injury benefits paid or payable. Any voluntary settlement effected with the claimant must similarly be reduced in the amount of the personal injury benefits paid or payable.
(c) In respect to any claim or action to which subsection (a) and subsection (b) of this section may otherwise apply, no insurer or other person may have or claim any right of reimbursement or recovery in respect to that portion of the claimant's action or claim with respect to recovery of noneconomic detriment including recovery for pain and suffering.
B. The Chief Insurance Commissioner shall review all forms of insurance affected by this section and shall order rate reductions as may appear appropriate, but in no event less than ten percent."/
Renumber to conform.
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. GENTRY moved to table the amendment.
Rep. T.M. BURRISS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 61 to 18.
Reps. T.M. BURRISS and HEARN proposed the following Amendment No. 13 (Doc. No. 4180J), which was tabled.
Amend the bill, as and if amended, by adding the following appropriately numbered sections to read:
/SECTION _____. Section 38-77-110 of the 1976 Code is amended to read:
"Section 38-77-110. Automobile insurers other than insurers designated and approved as specialized insurers by the Commissioner may not refuse to write or renew automobile insurance policies except for collision coverage and comprehensive or fire, theft, and combined additional coverage, for individual private passenger automobiles or small commercial risks. These policies may not be cancelled except for reasons which had they existed or been known when the policy was written would have rendered the risk not an insurable risk. Every automobile insurance risk constitutes an insurable risk unless the operator's permit of the named insured has been revoked or suspended and is at the time of application for insurance so revoked or suspended. However, no insurer is required to write or renew automobile insurance on any risk if there exists a valid and enforceable outstanding judgment secured by an insurer, an agent, or licensed premium service company on account of automobile insurance premiums which the applicant or insured or any principal operator who is a member of the named insured's household has failed or refused to pay unless the applicant or insured pays in advance the entire premium for the full term of the policy sought to be issued or renewed or the annual premium, whichever is the lesser. An insurer is not precluded from effecting cancellation of an automobile insurance policy, either upon its own initiative or at the instance of an agent or licensed premium service company, because of the failure of any named insured or principal operator to pay when due any automobile insurance premium or any installment payment. However, notice of cancellation for nonpayment of premium shall notify the person to whom the notice is addressed that the notice is void and ineffective if payment of the full amount of the premium or premium indebtedness, whichever is the greater, is made to the insurer, agent, or licensed premium service company named in the notice by the otherwise effective date of cancellation. This notice of cancellation is not considered ineffective for being conditional, ambiguous, or indefinite."
SECTION _____. Section 38-77-280 of the 1976 Code is amended to read:
"Section 38-77-280. (A) Except as provided in subsection (B), all All automobile insurers, including those insurance companies writing private passenger physical damage coverages only, shall may make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to any insured or qualified applicant who requests such coverage.
Collision coverage must have a mandatory deductible of fifty dollars, but an insured or qualified applicant, at his option may select an additional deductible in appropriate increments up to one thousand dollars.
Comprehensive coverage or fire, theft, and combined additional coverages may not be subject to any mandatory deductible, but an insured, at his option, may select a deductible of from fifty to one thousand dollars in appropriate increments. It is an unfair trade practice, as described in Sections 38-57-30 and 38-57-40, for an insurer or an agent to sell collision insurance with a fifty dollar deductible or comprehensive coverage or fire, theft, and combined additional coverages without a deductible unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner.
(B) Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for any applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or any other operator not excluded in accordance with Sections 38-77-340 and 56-10-60 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-77-930 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to any applicant or existing policyholder, on renewal, who has collected benefits provided under any automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses.
(C) Notwithstanding Section 38-77-110, automobile physical damage coverage in an automobile insurance policy may be canceled at any time during the policy period by reason of the factors or conditions described in Section 38-77-930(A) which existed prior to the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.
(D) No policy of insurance which provides automobile physical damage coverage only may be ceded to the Facility.
(E) Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than those provided for in Section 38-73-457 i the rates are filed and approved by the Chief Insurance Commissioner. Any applicant or existing policyholder, to be charged this different rate, must be denied the coverage pursuant to subsection (B) at the rate provided in Section 38-33-457. No policy of automobile insurance which includes physical damage insurance coverages offered to an applicant or existing policyholder pursuant to this paragraph may be ceded to the Facility."
SECTION ____. Section 38-77-10(1) of the 1976 Code as last amended by Act 399 of 1988 is further amended to read:
"(1) To provide that every automobile insurance risk which is insurable on the basis of the criteria established in this chapter is entitled to automobile insurance from the automobile insurer of the applicant's choice on the basis of the same rates, policy forms, claims service, and other services provided by the insurer to all other applicants or insureds falling within the classification of risk and territory under the applicable risk and territorial classification plan promulgated by the Commissioner so long as all these applicants or insureds have satisfied the same objective standards as established in Sections 38-77-280 and Section 38-73-455; "
SECTION _____. The first paragraph of Section 38-73-457 of the 1976 Code as amended by Act 399 of 1988 is further amended to read:
"Notwithstanding Sections 38-73-920 and 38-73-1210, every automobile insurer and rating organization shall, prior to October 1, 1987, file with the Commissioner a base rate, which is defined as a rate by coverage calculated solely upon the experience generated by the risk for each class and territory retained by the insurer in its voluntary book of business and which must not include experience generated by risks ceded or assumed from the Reinsurance Facility established under Section 38-73-1030. An objective standards rate by coverage must also be filed which is twenty-five percent above the base rate previously described for each class and territory. The base rate must be calculated by removing from the rate or premium charge, then in effect for the automobile insurer, that portion of the rate or premium charge attributable to the net gain or loss of the insurer as a result of participation in the operating results of the Facility as required by Section 38-77-760. In determining the base rate and objective standards rate, by coverage, the Commissioner, in order that no extra premium revenue is generated by this section, shall require that the insurer's average rate, by coverage, on October 1, 1987, (computed as a weighted average of the base rate and objective standards rate, by coverage, as determined by the Commissioner), not exceed the insurer's average rate, by coverage, prior to October 1, 1987, as determined by the Commissioner. The provisions of the Administrative Procedures Act apply to any court appeal of a base rate or objective standards rate brought thereunder. The base rate or objective standards rate approved by the Commissioner may be put into effect under bond in a similar manner that a public utility may put a proposed rate increase into effect under bond as provided by law. No insurer may file a base rate for any class or territory which is higher than the rate or premium charge, exclusive of that portion required by Section 38-77-460, approved by the Commissioner for use on October 1, 1987. As a result of this section, no insured may receive an increase in rates for other than an increase in coverage or due to the provisions of Section 38-77-280, 38-77-610, or 38-73-455, unless the insurer files additional rates in accordance with this title."/
Renumber to conform.
Amend title to conform.
Rep. HEARN explained the amendment.
Rep. J. BRADLEY 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 Arthur Bailey, K. Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, J. Brown, R. Chamblee Cooper Edwards Faber Felder Ferguson Foster Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Hayes Hendricks Hodges Huff Johnson, J.W. Jones Keyserling Kirsh Kohn Lockemy Mappus Martin, D. Martin, L. Mattos McBride McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Rudnick Sheheen Shelton Short Snow Tucker Waldrop Washington Whipper White Wilder Williams
Those who voted in the negative are:
Aydlette Baker Barfield Brown, H. Burriss, M.D. Burriss, T.M. Clyborne Cole Cork Davenport Derrick Foxworth Hearn Humphries Klapman Koon Lanford Limehouse McAbee Pettigrew Petty Simpson Sturkie Wells
So, the amendment was tabled.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of amendments.
The following Bill was taken up.
S. 411 -- Senators Bryan, Lourie, Leventis, Thomas, Fielding, Waddell, Wilson, Powell, Lindsay, Pope, Patterson, Mitchell, Nell W. Smith, Long, Hayes, Horace C. Smith, Setzler, Saleeby, Land, Drummond, Dennis, McLeod, Martin and Giese: A BILL TO AMEND CHAPTER 3 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ANNEXATION AUTHORIZED FOR MUNICIPALITIES, BY ADDING SECTION 5-3-300 SO AS TO AUTHORIZE AN ADDITIONAL METHOD OF ANNEXATION WHICH MAY BE INITIATED BY A PETITION OF TWENTY-FIVE PERCENT OR MORE OF THE RESIDENT FREEHOLDERS IN AN AREA CALLING FOR AN ELECTION IN A PROPOSED AREA AND IF APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS THE MUNICIPAL COUNCIL SHALL GIVE PUBLIC NOTICE THAT IT INTENDS TO ANNEX THE AREA, PROVIDE THAT NOTICE OF THE ELECTION MUST BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY, PROVIDE THAT IF A PETITION IS NOT SUBMITTED WITHIN THIRTY DAYS AFTER NOTICE IS GIVEN AN ELECTION MUST BE HELD WITHIN A MUNICIPALITY TO APPROVE THE ANNEXATION, PROVIDE THAT THE ANNEXATION IS NOT EFFECTIVE UNLESS APPROVED BY THE ELECTORS IN THE MUNICIPALITY, AND PROVIDE THAT ANY FREEHOLDER WHO OWNS TWENTY-FIVE PERCENT OR MORE OF THE ASSESSED VALUE OF REAL PROPERTY IN THE AREA TO BE ANNEXED SHALL RECEIVE WRITTEN NOTICE OF THE ANNEXATION AND IF HE FILES WRITTEN OBJECTION TO THE INCLUSION OF HIS PROPERTY IN THE AREA TO BE ANNEXED HIS PROPERTY MUST BE EXCLUDED FROM THE ANNEXATION.
Rep. PETTIGREW proposed the following Amendment No. 1 (Doc. No. 4022J), which was tabled.
Amend the bill, as and if amended, by adding at the end of Section 5-3-300, as contained in SECTION 1, page 6, a new subsection immediately after line ten to read:
/(J) No property made noncontiguous to the municipal boundary as a result of a freeholder excluding his property from annexation pursuant to subsection (I) may be annexed under the provisions of this section./
Renumber sections to conform.
Amend title to conform.
Rep. PETTIGREW explained the amendment.
Rep. WILKINS spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. WILKINS explained the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Baker Barfield Beasley Bennett Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Burch Burriss, T.M. Clyborne Cooper Cork Corning Dangerfield Elliott Faber Foster Foxworth Gentry Gilbert Harris, J. Harris, P. Harvin Haskins Hayes Hearn Hendricks Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Kohn Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Nesbitt Nettles Pearce Pettigrew Phillips, L. Phillips, O. Rhoad Rogers, J. Rudnick Sheheen Shelton Short Simpson Snow Sturkie Taylor Thrailkill Tucker Waldrop Washington Whipper White Wilkins Williams Winstead
Those who voted in the negative are:
Aydlette Blackwell Bradley, P. Burriss, M.D. Chamblee Cole Davenport Derrick Edwards Fair Lanford Petty Rice Rogers, T. Wells
So, the Bill was read the second time and ordered to third reading.
May 30, 1988
I was not present when S. 411 was approved. If present I would have voted in the affirmative.
Rep. WILDER
The following Bill was taken up.
S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.
Reps. WILKINS, HUFF, HENDRICKS and HARVIN proposed the following Amendment No. 2 (Doc. No. 4170J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 8-21-310(11)(a) of the 1976 Code is amended to read:
"(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, twenty-five thirty-five dollars. There may be is no further fee for filing an amended or supplemental complaint or petition, nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which such the application is addressed. There may be is no further fee for entering and filing any verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment;".
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 70 to 9.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1922J), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Items (1), (3), and (4) of Section 8-21-310 of the 1976 Code are amended to read:
"(1) For recording a deed to or a mortgage on real estate, with or without renunciation of dower, four eight dollars; and an additional one dollar per a page for any deed or mortgage containing more than four pages; for entry of a deed or mortgage that covers both real estate and personal property in the indexes for both real and personal property conveyances or mortgages, one dollar additional;
(3) For recording an instrument which assigns, transfers, or affects a single real estate mortgage or other instrument affecting title to real property or lien for the payment of money, unless it is part of the original instrument when initially filed, four six dollars; and if the instrument assigns, transfers, or affects more than one real estate mortgage, instrument, or lien, four six dollars for each mortgage, instrument, or lien assigned, transferred, or affected and referred to therein and an additional one dollar for each page for any instrument exceeding three pages;
(4) For recording any lease, contract of sale, trust indenture, or other document affecting title or possession of real property not herein otherwise provided for, four six dollars and an additional one dollar per a page for any such document containing more than three pages;".
SECTION 2. Section 8-21-310(11)(a) of the 1976 Code is amended to read:
"(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, twenty-five thirty-five dollars. There may be is no further fee for filing an amended or supplemental complaint or petition, nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which such the application is addressed. There may be is no further fee for entering and filing any verdict, judgment, final decree or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment;".
SECTION 3. This act takes effect upon approval by the Governor./
Amend totals and title to conform.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. RUDNICK spoke against the Bill.
The question then recurred to the passage of the Bill, as amended.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The Bill, as amended, was read the second time and ordered to third reading by a division vote of 83 to 23.
I am not in favor of increasing legal fees for the filing of court petitions. This unduly burdens those who seek redress through the courts.
Rep. RUDNICK
Reps. WINSTEAD, BLANDING and C. BROWN withdrew their objections to the following Bill.
S. 489 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 31, PART II OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, RELATING TO INSURANCE COMPANY LICENSE FEES AND PREMIUM TAXES, SO AS TO REMOVE DIVIDENDS FROM THE COMPUTATION OF TOTAL PREMIUMS FOR PURPOSES OF THE PREMIUM TAX AND TO PROVIDE THAT RETALIATORY PROVISIONS APPLY TO A FOREIGN INSURER TRANSACTING BUSINESS IN THIS STATE REGARDLESS OF WHETHER A SIMILAR SOUTH CAROLINA INSURER IS LICENSED TO TRANSACT BUSINESS IN THE FOREIGN COMPANY'S STATE OF DOMICILE, TO PROVIDE THAT COMPARISONS OF TAXES AND OTHER OBLIGATIONS MUST BE BASED ON AN ITEM-BY-ITEM COMPARISON BETWEEN SOUTH CAROLINA TAXES AND OBLIGATIONS AND SIMILAR TAXES AND OBLIGATIONS OF THE FOREIGN INSURER'S STATE OF DOMICILE, AND TO PROVIDE THAT MUNICIPAL TAXES AND FEES MAY NOT BE CONSIDERED IN THE COMPARISONS.
Rep. McELVEEN withdrew his objection to H. 2840 however, other objections remained upon the Bill.
On motion of Rep. KIRSH, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.
S. 1455 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO FILING OF A CONSOLIDATED RETURN FOR TWO OR MORE CORPORATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 945, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. AYDLETTE asked unanimous consent to recall S. 1201 from the Committee on Education and Public Works.
Rep. McGINNIS objected.
Rep. LOCKEMY, with unanimous consent, made a statement relative to the importance of Memorial Day.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2963 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 43-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO REVISE THE PROVISIONS ALLOWING FOR REIMBURSEMENTS FOR COSTS FOR CHILDREN BY PROVIDING REIMBURSEMENT WHEN THE CHILDREN HAVE SOUGHT ASSISTANCE IN SECURING SUPPORT WHETHER OR NOT THEY ARE ELIGIBLE FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND REGARDLESS OF THE ECONOMIC CIRCUMSTANCES, TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES, AND TO PROVIDE FOR FISCAL INCENTIVES PAID TO THE DEPARTMENT TO BE REINVESTED IN THE CHILD SUPPORT ENFORCEMENT PROGRAM.
Rep. BEASLEY moved to adjourn debate upon the Senate Amendments until Tuesday, May 31, which was adopted.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3890 -- Reps. Edwards, Taylor, Keyserling, Cork and M.D. Burriss: A BILL TO PROVIDE THAT PRIOR TO AUTHORIZATION OF THE EXPENDITURE OF ANY OIL OVERCHARGE REFUND MONIES PURSUANT TO CERTAIN PROVISIONS OF LAW, THE JOINT LEGISLATIVE COMMITTEE ON ENERGY SHALL REVIEW AND MAKE A RECOMMENDATION AS TO THE APPROVAL AND ADOPTION OF THIS STATE'S ENERGY POLICY AND THE SPECIFIC USES FOR PROPOSED ENERGY CONSERVATION PROGRAMS, PROVIDE THAT THE USE OF THE FUNDS BE WITHIN CERTAIN RESTRICTIONS, GRANT THE COMMITTEE CONTINUOUS ENERGY PROGRAM OVERSIGHT REGARDING THE ACTUAL EXPENDITURE AND USE OF THE OIL OVERCHARGE FUNDS, PROVIDE FOR CERTAIN EVALUATION, PROVIDE FOR THE REPORTING OF CERTAIN COST SAVINGS, PROVIDE FOR THE DEPOSIT OF THESE FUNDS AND THEIR DISBURSEMENT, AND REQUIRE THE STATE AUDITOR TO CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT.
Rep. EDWARDS proposed the following Amendment No. 1 (Doc. No. 4388J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1, as contained on pages 1 and 2, and inserting:
/SECTION 1. Prior to authorization of the expenditure of any oil overcharge refund monies by the Governor and the Joint Appropriations Review Committee, pursuant to the provisions of Chapter 65, Title 2, Code of Laws of South Carolina, 1976, the Joint Legislative Committee on Energy shall review and make a recommendation as to the approval and adoption of this State's energy policy and the specific uses for proposed energy conservation programs. Consideration for funding any energy program or activity by the Joint Legislative Committee on Energy must be based primarily on the potential for reducing the costs of energy consumption, and such potential cost savings must be estimated and documented for future analysis./
Amend further, page 2, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration.
H. 4011 -- Rep. J.W. McLeod: A BILL TO AMEND SECTION 38-39-go, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY, SO AS TO INCREASE THE AMOUNT OF SURPLUS OVER THE AMOUNT DUE TO AN INSURED IN A RETURN OF PREMIUM WHICH IS NOT REQUIRED TO BE RETURNED FROM ONE DOLLAR TO FIVE DOLLARS.
Rep. J. BRADLEY explained the Senate Amendment.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3903 -- Reps. J. Bradley, Holt and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-605 SO AS TO PROVIDE THAT EVERY PREMIUM NOTICE OR BILL FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MUST DISPLAY PROMINENTLY IN BOLD TYPE THE FACILITY RECOUPMENT CHARGE, BY COVERAGE, AND THE TOTAL FACILITY RECOUPMENT CHARGE FOR THAT POLICY OR BINDER.
Rep. J. BRADLEY explained the Senate Amendment.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2089 -- Rep. D. Martin: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE EXTERIOR DOOR DESIGNATED BY THE CHAIRMAN OF THE POLL MANAGERS INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.
Rep. WILKINS moved to adjourn debate upon the Senate Amendments until Tuesday, May 31, which was adopted.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3701 -- Reps. Winstead and Edwards: A BILL TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 SO AS TO AUTHORIZE THE ESTABLISHMENT OF THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP WHICH SHALL PROVIDE EQUITY FINANCING TO NEW BUSINESSES OPERATING IN SOUTH CAROLINA OR WHICH PROPOSE TO OPERATE IN SOUTH CAROLINA, THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP BEING PRIVATE, FOR-PROFIT ENTITIES CAPITALIZED BY INVESTORS FROM THE PRIVATE SECTOR WHICH WILL INVEST PREDOMINANTLY IN START-UP BUSINESSES.
Rep. KIRSH explained the amendment.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. O. PHILLIPS moved that the House do now adjourn.
Rep. LEWIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Brown, H. Burriss, T.M. Corning Foster Gentry Gilbert Hendricks Holt Klapman McAbee McEachin McKay McLeod, J.W. Nesbitt Pettigrew Phillips, O. Simpson Waldrop
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Baker Barfield Beasley Bennett Blackwell Bradley, J. Bradley, P. Brown, G. Brown, J. Burch Chamblee Clyborne Cole Cooper Cork Davenport Derrick Edwards Elliott Faber Fair Felder Ferguson Gregory Harris, J. Haskins Hayes Hearn Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Keyserling Kirsh Kohn Koon Lanford Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McBride McElveen McGinnis McLeod, E.B. Moss Neilson Pearce Petty Rice Rogers, J. Rogers, T. Rudnick Short Snow Sturkie Taylor Tucker Washington Wells White Wilder Wilkins Winstead
So, the House refused to adjourn.
Rep. LEWIS moved that the House recur to the morning hour, which was not agreed to by a division vote of 36 to 50.
The Senate Amendments to the following Concurrent Resolution were taken up for consideration.
H. 4150 -- Reps. Keyserling, Edwards, Sturkie, Pearce and McTeer: A CONCURRENT RESOLUTION TO PROVIDE FOR THE CREATION OF THE JOINT LEGISLATIVE STUDY COMMITTEE ON SOLID WASTE DISPOSITION TO STUDY ALTERNATIVES TO LANDFILL DISPOSITION OF SOLID WASTE, AND ESPECIALLY THOSE DISPOSITION METHODS THAT PROVIDE ALTERNATIVE SOURCES OF ENERGY, INCLUDING ENERGY CONSERVATION, AND THAT THE COMMITTEE SHALL MAKE ITS FINAL REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 31, 1989, AND AFTER THE FINAL REPORT AND RECOMMENDATION, THE COMMITTEE IS DISSOLVED.
Rep. KEYSERLING explained the amendment.
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
The following Concurrent Resolution was taken up.
S. 1392 -- Senators Giese, Nell W. Smith and Hayes: A CONCURRENT RESOLUTION EXPRESSING THE INTENT OF THE GENERAL ASSEMBLY THAT NOTWITHSTANDING THE PROVISIONS OF S.546, THE COMPREHENSIVE HEALTH EDUCATION ACT, THE BEGINNING DATE FOR INSTRUCTIONAL PROGRAMS IN REPRODUCTIVE HEALTH, FAMILY LIFE EDUCATION, AND PREGNANCY PREVENTION IN THE PUBLIC SCHOOLS OF THIS STATE IS JANUARY 1, 1989, AND EXPRESSING THE INTENT OF THE GENERAL ASSEMBLY ON THE MANNER OF INSTRUCTION RELATIVE TO PRESENTATION OF INFORMATION ON HOMOSEXUAL BEHAVIOR.
Amend title to conform.
Be it resolved by the Senate, the House of Representatives concurring:
That notwithstanding the provisions of S.546, the Comprehensive Health Education Act, it is the intent of the General Assembly that the beginning date for instructional programs offered in the public schools of this State in reproductive health, family life education, and pregnancy prevention is January 1, 1989.
Be it further resolved that any information on the subject of homosexuality, if included as part of an instructional unit or included in any classroom discussion shall present homosexual behavior as unnatural, unhealthy, and illegal within the context of the laws of this State.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3440J), which was adopted.
Amend the resolution, as and if amended, by striking all before the resolving words and inserting:
/EXPRESSING THE INTENT OF THE GENERAL ASSEMBLY THAT NOTWITHSTANDING THE PROVISIONS OF S. 546, THE COMPREHENSIVE HEALTH EDUCATION ACT, THE BEGINNING DATE FOR INSTRUCTIONAL PROGRAMS IN REPRODUCTIVE HEALTH, FAMILY LIFE EDUCATION, AND PREGNANCY PREVENTION IN THE PUBLIC SCHOOLS OF THIS STATE IS JANUARY 1, 1989, AND EXPRESSING THE INTENT OF THE GENERAL ASSEMBLY ON THE MANNER OF INSTRUCTION RELATIVE TO PRESENTATION OF INFORMATION ON HOMOSEXUAL BEHAVIOR./
Amend further by striking all after the resolving words and inserting:
/That notwithstanding the provisions of S.546, the Comprehensive Health Education Act, it is the intent of the General Assembly that the beginning date for instructional programs offered in the public schools of this State in reproductive health, family life education, and pregnancy prevention is January 1, 1989.
Be it further resolved that any information on the subject of homosexuality, if included as part of an instructional unit or included in any classroom discussion shall present homosexual behavior as unnatural, unhealthy, and illegal within the context of the laws of this State./
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
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.
Rep. KLAPMAN moved to table the Resolution, which was agreed to.
As a second substitute Rep. BLACKWELL moved to recur to the morning hour, which was rejected.
As a second substitute Rep. HASKINS moved to recall S. 660 from the Education and Public Works Committee.
Rep. McABEE moved to dispense with the balance of the Motion Period.
Rep. McEACHIN raised the Point of Order that the motion to dispense with the balance of the motion period was out of order, as the previous motion to recall was the third motion and that motion was now the pending question.
The SPEAKER sustained the Point of Order.
The question then recurred to the motion to recall S. 660 from the Education and Public Works Committee, which was rejected.
As a second substitute Rep. T. ROGERS moved to recall S. 1513 from the Education and Public Works Committee.
Rep. KLAPMAN moved to table the motion, which was rejected by a division vote of 1 to 11.
The question then recurred to the motion to recall S. 1513 from the Education and Public Works Committee, which was agreed to by a division vote of 11 to 1.
Rep. LEWIS moved to recur to the Morning Hour.
As a first substitute Rep. AYDLETTE moved to recall S. 1201 from the Education and Public Works Committee.
As a second substitute Rep. FERGUSON moved to recall H. 4157 from the Judiciary Committee.
Rep. WILKINS moved to table the motion.
Rep. FERGUSON demanded the yeas and nays, which were not ordered.
The motion to table the motion to recall H. 4157 from the Judiciary Committee was agreed to by a division vote of 35 to 20.
As a second substitute Rep. BEASLEY moved to recur to the Morning Hour, which was agreed to by a division vote of 49 to 40.
Rep. McGINNIS moved that the House do now adjourn.
Rep. LEWIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, K. Bennett Blanding Boan Bradley, J. Bradley, P. Brown, J. Burch Burriss, M.D. Burriss, T.M. Cork Corning Faber Ferguson Foster Foxworth Gentry Gilbert Hearn Hendricks Hodges Holt Humphries Johnson, J.W. Kirsh Klapman Lanford Limehouse Mappus McAbee McCain McEachin McGinnis McLeod, E.B. McLeod, J.W. Neilson Nesbitt Nettles Pearce Pettigrew Phillips, L. Phillips, O. Rhoad Rice Shelton Simpson Snow Stoddard Taylor Thrailkill Tucker Waldrop Whipper
Those who voted in the negative are:
Alexander, T.C. Aydlette Baker Barfield Baxley Beasley Blackwell Brown, H. Chamblee Clyborne Cole Cooper Dangerfield Davenport Derrick Elliott Fair Felder Gregory Harvin Haskins Hayes Huff Johnson, J.C. Jones Keyserling Kohn Lewis Lockemy Martin, D. Martin, L. Mattos McBride McElveen McTeer Moss Rogers, J. Rogers, T. Rudnick Sheheen Short Sturkie Washington Wells White Wilder Wilkins Winstead
So, the motion to adjourn was agreed to.
Rep. SHEHEEN moved to reconsider the vote whereby the House non-concurred in the Senate Amendments to H. 3882 and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 4324 -- Reps. J. Bradley, Aydlette Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION COMMENDING SENATOR WILLIAM E. (SAM) APPLEGATE, III, OF CHARLESTON COUNTY FOR OUTSTANDING LEGISLATIVE SERVICE AND WISHING HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
H. 4325 -- Reps. J. Bradley, Aydlette, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST GRATITUDE POSSIBLE OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE EXCELLENT, DISTINGUISHED SERVICE IN THE LEGISLATURE OF THE HONORABLE CLYDE MOULTRIE DANGERFIELD OF CHARLESTON COUNTY, THANKING HIM FOR HIS FRIENDSHIP, AND WISHING HIM THE BEST THE WORLD HAS TO OFFER IN HIS FUTURE PURSUITS.
H. 4327 -- Reps. Klapman, Derrick and Felder: A CONCURRENT RESOLUTION CONGRATULATING THE LADY BEARCATS SOFTBALL TEAM AND COACH CINDY KESSLER OF BROOKLAND-CAYCE HIGH SCHOOL IN LEXINGTON COUNTY ON WINNING ITS SECOND CONSECUTIVE CLASS AAAA STATE CHAMPIONSHIP ON MAY 20, 1988.
H. 4328 -- Rep. L. Phillips: A CONCURRENT RESOLUTION TO CONGRATULATE RUUD VULLERS, EXCHANGE STUDENT FROM THE NETHERLANDS, AT SPRING VALLEY HIGH SCHOOL IN RICHLAND COUNTY ON HIS OUTSTANDING ACCOMPLISHMENTS IN ACADEMICS AND ATHLETICS.
H. 4329 -- Reps. Barfield, Pearce and Elliott: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE BENJAMIN EDWARD THRAILKILL, JR., OF HORRY COUNTY, OUR FRIEND AND DISTINGUISHED COLLEAGUE, FOR HIS EXCEPTIONAL LEGISLATIVE SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AS HE RETIRES FROM PUBLIC OFFICE AND TO WISH HIM HAPPINESS AND SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
At 4:40 P.M. the House in accordance with the motion of Rep. ARTHUR adjourned out of memory for the American citizens who died in the service of their country to meet at 10:00 A.M. tomorrow.
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