Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal Father, as we now pray in the waning days of this Legislative Session, we thank You for Your mercy and goodness which have followed us every day. For what has been poorly done or left undone, forgive us. For what yet remains, give us discerning minds and wise judgments. Make us quick to understand what needs to be done, wise in finding solutions, firm in the defense of the right. Keep our values high, our motives pure. Make us sensitive to the needs of Your people, considerate as we hear the words of our colleagues, responsive to the promptings of our consciences, and obedient to the guidance of Your Word.
And to You, O Lord, we would give our praise all the day long.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
June 1, 1988
The Honorable Robert J. Sheheen, Speaker, and
The Members of the House of Representatives
The State House
Columbia, South Carolina 29201
Dear Mr. Speaker and Members of the House:
I cannot express the appreciation I feel for your far too generous recognition of my service in the General Assembly. I am grateful to you and all of the Members of the House of Representatives for your thoughtfulness, and the handsomely-framed certificate which you gave me will be a constant reminder of my service with all of you on behalf of our great State.
I consider it one of the greatest privileges of my life to have had the opportunity to serve with all of you.
Again, my heartfelt thanks and good luck and God speed to all of you.
Sincerely yours,
Senator Sam Applegate
Received as information.
The following was received.
The General Assembly, Columbia, S.C. May 31, 1988
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1353 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL AREAS FOR TRAWLING FOR SHRIMP AND PRAWN SO AS TO PROVIDE THAT THE AREAS DESCRIBED ARE CLOSED TO TRAWLING UNLESS THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES OPENS THEM FOR SPECIFIED PERIODS BETWEEN SEPTEMBER FIRST AND DECEMBER THIRTY-FIRST OF ANY YEAR BECAUSE OF EXTRAORDINARY CONDITIONS AND IN COMPLIANCE WITH SPECIFIED CRITERIA.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the Bill pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 6, Chapter 17, Title 50 of the 1976 Code is amended by adding:
"Section 50-17-618. The following waters of this State as described below are closed to trawling at all times:
(1) that area of Calibogue Sound delineated in Section 50-17-615(1) and bounded to the seaward by a line described in Section 50-17-610 as follows: beginning at Marker SC 1; latitude 32 degrees 07.1'N. and longitude 80 degrees 50.4'W.; running east across Calibogue Sound to Marker SC 2; and latitude 32 degrees 07.1'N. and longitude 80 degrees 49.6'W.;
(2) that area of Port Royal Sound delineated in Section 50-17-615(2) and bounded to the seaward by a line described in Section 50-17-610 as follows: beginning at the northernmost point of Hilton Head Island and continuing to a flashing light designated on National Ocean Survey Chart 11513 as FL R 4 sec '6' and to FL 2.5 sec '3' at the northern tip of Hilton Head Island, running easterly through bell buoy No. R '2'; continuing to red-lighted gong buoy; and to black day marker No. A-19 at the mouth of Station Creek;
(3) that area of St. Helena Sound delineated in Section 50-17-615(3) and bounded to the seaward by a line described in Section 50-17-610 as follows: beginning at the Highway 21 Bridge crossing Harbor River, from the center of the swing span of the Highway 21 Bridge in a northeasterly direction to Marker A6; continuing to the flashing range light on the Combahee Bank; to Marker SC 5 on the west of Otter Island at latitude 32 degrees 29.1'N. and longitude 80 degrees 25.2'W.; seaward along the shoreline of Otter Island to a point at the mouth of Jefford and Fish Creek on the southern tip of Otter Island opposite Pine Island; and turning and running in a southeasterly direction to the southernmost tip of Bay Point on Edisto Island;
(4) that area within Bull Bay lying seaward, beginning at the mouths of all creeks and rivers entering Bull Bay."
SECTION 2. Section 50-17-617 of the 1976 Code, as added by an act of 1988 bearing ratification number 643, is amended to read:
"Section 50-17-617. In describing the areas set forth in Sections 50-17-610 and, 50-17-615, and 50-17-618, all references to latitude, longitude, markers, buoys, and topography refer to NOAA, National Ocean Survey Nautical Charts Nos. 11513, 11521, 11531, and 11535, and future revisions of these charts."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/John Drummond /s/D.N. Holt, Jr. /s/Glenn F. McConnell /s/Eugene D. Foxworth, Jr. /s/Hugh K. Leatherman /s/R. Linwood Altman On Part of the Senate. On Part of the House.
Rep. HOLT explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3710 -- Reps. Wilkins, Hayes, Beasley and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1736 SO AS TO PROVIDE FOR THE USE OF FICTITIOUS NAMES IN ADOPTION RECORDS; AND TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR THE COURT TO HEAR AND DETERMINE ACTIONS RELATED TO ADOPTION AS WELL AS FOR ADOPTION; SECTION 20-7-1650, RELATING TO DEFINITIONS PERTAINING TO ADOPTION, SO AS TO DELETE THE REFERENCE TO THE CHILDREN'S BUREAU AND THE DEFINITION OF "LEGAL AGE", REVISE THE DEFINITIONS OF "CHILD PLACING AGENCY", "CONSENT", AND "RELINQUISHMENT", AND DEFINE "COURT"; SECTION 20-7-1670, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION, SO AS TO PROVIDE FOR THE COURT TO SPECIFICALLY FIND CERTAIN CIRCUMSTANCES BEFORE ADOPTION BY A NONRESIDENT, DELETE THE REQUIREMENT THAT SPECIFIC FINDINGS OF FACT MUST EXIST FOR ADOPTION BY A NONRESIDENT, AND PROVIDE FOR A PETITION TO BE BROUGHT TO SHOW EXCEPTIONAL CIRCUMSTANCES BEFORE BIRTH OR PLACEMENT IN AN ADOPTION BY A NONRESIDENT; SECTION 20-7-1680, RELATING TO JURISDICTION OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE FOR THE PROCEEDINGS TO BE BROUGHT IN THE COUNTY IN WHICH THE CHILD IS BORN; SECTION 20-7-1690, RELATING TO CONSENT OR RELINQUISHMENT FOR ADOPTION, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CONSENT OR RELINQUISHMENT ARE REQUIRED; SECTION 20-7-1695, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION ARE NOT REQUIRED, SO AS TO DELETE THE PROVISIONS FOR A PARENT WHO HAS BEEN ADJUDGED INCOMPETENT, TO PROVIDE FOR A PARENT WHO IS UNLIKELY TO PROVIDE MINIMALLY ACCEPTABLE CARE, TO REQUIRE INDEPENDENT COUNSEL TO BE APPOINTED FOR AN INDIGENT PARENT, AND TO PROVIDE FOR RELINQUISHMENT TO A PERSON FACILITATING THE ADOPTION; SECTION 20-7-1700, RELATING TO THE FORM AND CONTENT OF CONSENT OR RELINQUISHMENT, SO AS TO PROVIDE FOR IT TO SPECIFY WHETHER COUNSELING IS NEEDED OR REQUIRED AND THAT THERE IS NO DURESS OR COERCION INSTEAD OF NO PRESSURE AND DELETE THE REQUIREMENT THAT IT BE FREELY GIVEN; SECTION 20-7-1705, RELATING TO THE SIGNING OF THE CONSENT OR RELINQUISHMENT, SO AS TO CHANGE THE REFERENCE TO THE CHILDREN'S BUREAU TO THE DEPARTMENT OF SOCIAL SERVICES, PROVIDE FOR A CONSENT OR RELINQUISHMENT IN ANOTHER JURISDICTION TO BE VALID IN SOUTH CAROLINA, PROVIDE FOR SIGNING OF THE CERTIFICATION TO THE DOCUMENT GIVING CONSENT OR RELINQUISHMENT AND PROVIDE FOR CONSENT OR RELINQUISHMENT TO BE GIVEN WITHOUT DURESS OR COERCION INSTEAD OF KNOWINGLY, INTENTIONALLY, AND FREELY; SECTION 20-7-1730, RELATING TO THE FILING OF THE ADOPTION PETITION, CONSENT OR RELINQUISHMENT, AND POSTPLACEMENT INVESTIGATION, SO AS TO REVISE THE REQUIREMENTS AS TO WHICH REPORTS AND DOCUMENTS MUST BE FILED AT THE TIME THE ADOPTION PETITION IS FILED, UNLESS GOOD CAUSE IS SHOWN; SECTION 20-7-1732, RELATING TO THE APPOINTMENT OF A GUARDIAN AD LITEM, SO AS TO DELETE THE REQUIREMENT THAT THE APPOINTMENT MUST OCCUR AFTER THE FILING OF THE ADOPTION PETITION, PROVIDE FOR APPOINTMENT BEFORE A HEARING ON THE ADOPTION OR RELATED MATTERS, AND PROVIDE FOR SERVICE OF THE PETITION UPON THE ADOPTEE; SECTION 20-7-1734, RELATING TO NOTICE OF ADOPTION PROCEEDINGS, SO AS TO REQUIRE THE FILING OF THE REASONS FOR CONTESTING, INTERVENING, OR OTHERWISE RESPONDING TO AN ADOPTION; SECTION 20-7-1740, AS AMENDED, RELATING TO ADOPTION INVESTIGATIONS AND REPORTS, SO AS TO REVISE REQUIREMENTS IN A PREPLACEMENT AND POSTPLACEMENT INVESTIGATION AND PROVIDE FOR UPDATING OF THE PREPLACEMENT INVESTIGATION REPORT BEFORE THE PLACEMENT OF THE CHILD INSTEAD OF ONE YEAR FROM THE INITIAL REPORT AND EVERY SIX MONTHS; SECTION 20-7-1750, RELATING TO CERTIFICATION OF PERSONS WHO CONDUCT INVESTIGATIONS OR OBTAIN CERTAIN CONSENTS OR RELINQUISHMENTS FOR ADOPTION, SO AS TO CHANGE THE REFERENCES TO CHILDREN'S BUREAU TO DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-1760, RELATING TO FINAL ADOPTION HEARINGS, SO AS TO PROVIDE FOR EXTENDING OR SHORTENING THE TIME OF THE HEARING FOR A SPECIAL NEEDS CHILD AND FOR THE COURT TO MODIFY THE TIME OF THE HEARING EVEN WHEN THE PETITIONER HAS HAD CUSTODY OF THE ADOPTEE FOR NINETY DAYS; SECTION 20-7-1775, RELATING TO DISBURSEMENTS BY OR ON BEHALF OF THE ADOPTION PETITIONER, SO AS TO PROVIDE FOR AN ACCOUNTING OF EXPENSES INCURRED OR FEES FOR SERVICES RENDERED; AND SECTION 20-7-1780, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF HEARINGS AND RECORDS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO FILES AND RECORDS MAINTAINED BY ANY PERSON CERTIFIED BY THE DEPARTMENT OF SOCIAL SERVICES.
Rep. WILKINS moved to waive Rule 5.14, which was agreed to by a division vote of 40 to 0.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3338 -- Rep. Fair: A BILL TO AMEND SECTION 61-13-875, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON-PREMISES CONSUMPTION ON A TWO OR MORE FOR THE PRICE OF ONE BASIS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS WHO HOLD LICENSES AND PERMANENT PERMITS TO SELL THE BEVERAGES, TO PROHIBIT DISPENSING THE BEVERAGES FOR FREE, AND TO PROHIBIT SALE OF THE BEVERAGES AT LESS THAN THE REGULAR PRICE EXCEPT FROM FOUR O'CLOCK P.M. UNTIL EIGHT O'CLOCK P.M.
Rep. FAIR moved to waive Rule 5.14, which was agreed to by a division vote of 39 to 1.
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. 2395 -- Reps. Evatt, Beasley, Hayes and Huff: A BILL TO AMEND CHAPTER 1, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURTS BY ADDING SECTION 14-1-185 SO AS TO PROVIDE FOR EXPEDITED PROCEEDINGS IN CRIMINAL AND FAMILY COURT CASES INVOLVING A CHILD VICTIM; TO AMEND CHAPTER 1, TITLE 19, RELATING TO EVIDENCE BY ADDING SECTION 19-1-170 SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE THAT IS A MATERIAL ELEMENT TO CERTAIN CRIMES MAY BE ADMITTED INTO EVIDENCE UNDER CERTAIN CIRCUMSTANCES; TO AMEND CHAPTER 11, TITLE 19, RELATING TO COMPETENCY OF WITNESSES, BY ADDING SECTION 19-11-35 SO AS TO PROVIDE THAT EVERY CHILD IS COMPETENT TO BE A WITNESS IN ANY JUDICIAL PROCEEDING, AND BY ADDING SECTION 19-11-110 SO AS TO PERMIT THE TESTIMONY OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF AN UNLAWFUL SEXUAL OFFENSE BY CLOSED CIRCUIT TELEVISION UNDER CERTAIN CONDITIONS; TO AMEND CHAPTER 17, TITLE 19, RELATING TO EXAMINATION OF WITNESSES BY DEPOSITIONS BY ADDING SECTION 19-17-100 SO AS TO PERMIT THE TAKING OF A VIDEOTAPE DEPOSITION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF AN UNLAWFUL SEXUAL OFFENSE IN CERTAIN CASES, TO PROVIDE THE PROCEDURES TO BE USED IN THESE VIDEOTAPE DEPOSITIONS, AND TO AUTHORIZE THE ADMISSION INTO EVIDENCE OF THIS DEPOSITION AT TRIAL UNDER CERTAIN CONDITIONS.
Rep. BEASLEY moved to waive Rule 5.14, which was agreed to by a division vote of 49 to 0.
Rep. WILKINS explained the Senate Amendments.
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 following was introduced:
H. 4341 -- Rep. Wilder: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF F. HAMILTON DICKS OF BARNWELL COUNTY WHO DIED THURSDAY, MAY 19, 1988.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4342 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING DR. CARL B. RAMSEY OF CLARENDON COUNTY, SUPERINTENDENT OF CLARENDON SCHOOL DISTRICT TWO, FOR THE OUTSTANDING SERVICE HE HAS RENDERED PUBLIC EDUCATION IN THIS POSITION AND THROUGHOUT HIS DISTINGUISHED CAREER, AND WISHING HIM SUCCESS AND HAPPINESS IN HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1545 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY CONCERNING THE DEATH OF MS. LESLIE JEANNE HORNE OF CHEROKEE COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1546 -- Senators Drummond and Pope: A CONCURRENT RESOLUTION TO RECOGNIZE THE NUMEROUS MEANINGFUL ACCOMPLISHMENTS OF DR. BENTON M. MONTGOMERY, JR., OF NEWBERRY COUNTY, DIRECTOR OF THE FAMILY PRACTICE RESIDENCY PROGRAM OF SELF MEMORIAL HOSPITAL IN GREENWOOD, AND TO WISH HIM MANY YEARS OF GOOD HEALTH AND HAPPINESS DURING HIS RETIREMENT YEARS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1549 -- Senators Long, Hayes and Lourie: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE UNITED STATES HIGHWAY 17 BYPASS IN HORRY COUNTY BEGINNING AT THE DUNES CLUB AND ENDING AT GARDEN CITY AS THE "MARK GARNER EXPRESSWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1551 -- Senator Lourie: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROMOTE PROGRAMS DURING NEW ROAD CONSTRUCTION TO USE NATIVE PLANTS OR SEEDLINGS (WILDFLOWERS) IN ROADSIDE LANDSCAPING WHEREVER POSSIBLE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1554 -- Senator Lindsay: A CONCURRENT RESOLUTION COMMENDING SYLVIA ROTH OF CHARLESTON COUNTY FOR MANY YEARS OF OUTSTANDING SERVICE TO SOUTH CAROLINA AERONAUTICS AND WISHING HER HAPPINESS UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1555 -- Senator Lindsay: A CONCURRENT RESOLUTION COMMENDING FRANCES HIGHAM MILLER OF CHARLESTON COUNTY FOR MANY YEARS OF OUTSTANDING SERVICE TO SOUTH CAROLINA AERONAUTICS AND WISHING HER HAPPINESS UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 182 -- Senators Macaulay and Thomas: A BILL TO AMEND SECTION 56-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO ELIMINATE THE REQUIREMENT THAT ALL INSURERS OFFER OR WRITE PHYSICAL DAMAGE COVERAGE AND TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE WHICH ALSO MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH SHALL REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
Referred to the Committee on Labor, Commerce and Industry.
S. 1493 -- Senators Applegate and Leatherman: A BILL TO AMEND SECTION 41-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA PRIVATE PERSONNEL PLACEMENT SERVICES ACT, SO AS TO EXPAND THE DEFINITIONS OF "PRIVATE PERSONNEL PLACEMENT SERVICE" AND "PLACEMENT FEE" TO INCLUDE THE DESCRIPTION OF ACTIVITIES WHICH WOULD BE SUBJECT TO THE PROVISIONS OF CHAPTER 25 OF TITLE 41 (PRIVATE PERSONNEL PLACEMENT SERVICES ACT).
Referred to the Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Ferguson Foster Foxworth Gentry Gilbert Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Lanford 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 Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on June 1, 1988.
Dill Blackwell Carole Wells Roland Corning Alva Humphries E.B. McLeod, Jr. Jack Gregory J.H. Burriss John G. Felder Alex Harvin
STATEMENTS OF ATTENDANCE
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 26, 1988.
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, May 30, 1988.
The SPEAKER granted Rep. BEASLEY a temporary leave of absence.
Announcement was made that Dr. Richard L. Harding of Columbia is the Doctor of the Day for the General Assembly.
The following was introduced:
H. 4343 -- Reps. Gilbert, McEachin, McKay, Nettles, R. Brown and Lockemy: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JOHN WILLIAM MCLEOD, OF FLORENCE COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM MUCH SUCCESS AS HE LEAVES THE GENERAL ASSEMBLY TO SERVE ON THE EMPLOYMENT SECURITY COMMISSION.
Whereas, Representative John William McLeod, of Florence County, our friend and colleague, was elected to the South Carolina Employment Security Commission and is leaving his seat in the South Carolina House of Representatives to begin service on that commission on July 1, 1988; and
Whereas, Representative McLeod has proven to be a dedicated, hard-working legislator since he began his first term in 1981; and
Whereas, on the House Labor, Commerce and Industry Committee and as second vice-chairman of the Interstate Cooperation Committee, Representative McLeod has served District 59 and his State with distinction; and
Whereas, Representative McLeod graduated from Francis Marion College in 1974 and has been a member of the board of directors, County Emergency Medical Service since 1979, Airport Citizens Advisory Committee, 1978-80, Clemson Advisory Committee, County ASCS Committee, and Friendship United Methodist Church. He is a Mason and has served for six years in the South Carolina National Guard 132nd Military Police; and
Whereas, the members of the General Assembly are proud to have worked beside Representative McLeod in the legislature and are pleased that he will continue to contribute to his State through service on the South Carolina Employment Security Commission. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend the Honorable John William McLeod, of Florence County, for his distinguished service as a member of the House of Representatives and wish him much success as he leaves the General Assembly to serve on the Employment Security Commission.
Be it further resolved that a copy of this resolution be forwarded to Representative McLeod.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. McEACHIN made a statement relative to Rep J.W. McLEOD.
Rep. J.W. McLEOD made a statement relative to his service in the House.
Rep. DERRICK made a statement relative to Rep J.W. McLEOD.
The following was introduced:
H. 4344 -- Reps. Blackwell, M. Alexander, Baker P. Bradley, Clyborne, Fair, Haskins, Mattos, Rice Shelton and Wilkins: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE LEWIS PHILLIPS OF GREER FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AS HIS SERVICE IN THE HOUSE COMES TO A CLOSE.
Whereas, the members of the General Assembly with deep regret are aware that Representative Lewis Phillips of Greer is not offering for reelection as a member of the South Carolina House of Representatives from District 18 which encompasses a portion of Greenville County; and
Whereas, Lewis Phillips is a native of Spartanburg, a World War II Army veteran, a 1941 graduate of Wofford College, and holds a Master of Arts degree from Converse College conferred in 1971; and
Whereas, from 1946 through 1977, he was a teacher, coach, and administrator in the public school system, and this employment is the basis for his affectionate nickname of "Coach" among many of his colleagues in the House; and
Whereas, he began his service in the House of Representatives on November 1, 1977, and has served continuously since that time. His strong interest, in addition to representing his district and Greenville County, has been in the field of education and his effective and efficient service as the present chairman of the House Education and Public Works Committee is evidence of the contributions he has made in this field; and
Whereas, Lewis Phillips is widely respected by his colleagues, constituents, and friends as a man of quiet determination, friendly demeanor, and impeccable character and among the many tributes he has received are being named Representative of the Year by the South Carolina School Board Association, Outstanding Governmental Leader by the Greer Jaycees, and his receipt of the prestigious Service to Mankind Award presented by the Greer Sertoma Club; and
Whereas, in addition to his legislative duties and service in the South Carolina National Guard, he has somehow found time to be an active community leader in Greer, and Greenville County, as well as formerly serving as a trustee of Winthrop College; and
Whereas, Coach Phillips for all his legislative accomplishments is also remembered and appreciated for his work as the coach of the General Assembly's basketball team; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly commend Lewis Phillips for his distinguished career as a member of the South Carolina House of Representatives as his tenure in the House comes to a close. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Honorable Lewis Phillips of Greer for his many years of outstanding service as a member of the South Carolina House of Representatives as his service in the House comes to a close.
Be it further resolved that a copy of this resolution be forwarded to Representative Phillips.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. BLACKWELL made a statement relative to Rep. L. PHILLIPS.
Rep. L. PHILLIPS made a statement relative to his retirement from the House.
The following was introduced:
H. 4345 -- Reps. Blackwell, M. Alexander, Baker, L. Phillips, Clyborne, Fair, Haskins, Mattos, Rice, Shelton and Wilkins: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE PHILIP T. BRADLEY OF GREENVILLE FOR HIS MANY YEARS OF DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AS HE RETIRES FROM PUBLIC OFFICE.
Whereas, the members of the General Assembly with deep regret are aware that Representative Philip T. Bradley of Greenville is not offering for reelection as a member of the South Carolina House of Representatives from District 21 which encompasses a portion of Greenville County; and
Whereas, Phil Bradley is a native of Albemarle, North Carolina, and a 1969 graduate of Furman University with a Bachelor of Arts degree; and
Whereas, he first began his service in the House of Representatives in 1979 and at that time was one of the first members of the Republican Party to be elected to the South Carolina General Assembly; and
Whereas, as a member of the House of Representatives representing his district and Greenville County he has been a strong voice for fiscally conservative government and a healthy business climate for this State conducive to growth and development; and
Whereas, his advice and counsel as a senior member of the House Labor, Commerce and Industry Committee has been valued and appreciated by his colleagues and the experience he has brought to the General Assembly as a successful businessman and realtor has enabled him to serve his district, county, and State with distinction; and
Whereas, Phil Bradley is a person of high personal integrity and character who has not hesitated to take a stand for what he believes to be right and just; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly commend Phil Bradley for all he has done to make his district, county, and State a better place to live and work as his tenure in the South Carolina House of Representatives comes to a close. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Honorable Philip T. Bradley of Greenville for his many years of distinguished service as a member of the South Carolina House of Representatives as he retires from public office.
Be it further resolved that a copy of this resolution be forwarded to Representative Bradley.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. WILKINS made a statement relative to Rep. P. BRADLEY.
Rep. P. BRADLEY made a statement relative to his retirement from the House.
The following was introduced:
H. 4346 -- Reps. Edwards, Cole, Davenport, Ferguson, Lanford, McGinnis and Wells: A CONCURRENT RESOLUTION COMMENDING REPRESENTATIVE JOSEPH T. PETTY OF SPARTANBURG COUNTY FOR HIS DEDICATION, DILIGENCE, AND CONTRIBUTIONS AS A MEMBER OF THE GENERAL ASSEMBLY, AND WISHING HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
Whereas, our very good friend and colleague, Representative Joseph T. Petty of Spartanburg County, has served honorably as a member of the House of Representatives since 1985; and
Whereas, he is soft-spoken, cooperative, friendly, and a real gentleman, and his colleagues in the General Assembly have come to value him for these qualities and also for his friendship; and
Whereas, he has been an outstanding representative of the citizens of House District Number 38, and, during his entire service as a legislator, he has always sought to do what is best for all the people of this State; and
Whereas, Representative Petty has announced his intention not to seek re-election to the House; and
Whereas, his dedication, diligence, hard work, and many contributions as a member of the General Assembly are genuinely appreciated by all of his colleagues in both houses, and his presence is going to be missed very much. 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, commend Representative Joseph T. Petty of Spartanburg County for his dedication, diligence, and contributions as a member of the General Assembly and wish him success and happiness in all of his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Representative Joseph T. Petty.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. EDWARDS made a statement relative to Rep. J. PETTY.
Rep. J. PETTY made a statement relative to his retirement from the House.
The following was introduced:
H. 4347 -- Reps. H. Brown, Day and Williams: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROBERT LINWOOD HELMLY, OF MONCKS CORNER IN BERKELEY COUNTY, FOR HIS LEGISLATIVE SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM WELL AS HE SEEKS TO CONTINUE HIS PUBLIC SERVICE IN THE UPPER CHAMBER.
Whereas, Representative Robert Linwood Helmly, of Moncks Corner in Berkeley County, will not be returning to his seat in the South Carolina House of Representatives after the 1988 legislative session but hopes to claim a seat across the hall in the South Carolina Senate. He is a candidate for Senate Seat 37 of Berkeley County; and
Whereas, Representative Helmly has served in the House of Representatives for the past fifteen years and was first elected to represent Berkeley County. After reapportionment, he was elected in House District 100 and has been reelected to serve seven additional terms; and
Whereas, in the House of Representatives he has been first vice chairman of the Medical, Military, Public and Municipal Affairs Committee. He currently serves on the Ways and Means Committee and is chairman of the Senate-House Health Care Planning and Oversight Committee; and
Whereas, he was named Legislator of the Year by the South Carolina Perinatal Association and the South Carolina Nurses Association. Active in community and civic affairs, he has held various offices in Berkeley and Moncks Corner organizations. He served three terms as mayor of Moncks Corner. While mayor he served as president of the Small Town Municipal Association, and Director of the South Carolina Municipal Association and received its Distinguished Service Award; and
Whereas, a Savannah native, Representative Helmly is president of Home Telephone Company and is a member of Moncks Corner United Methodist Church, where he and his wife, the former Vera Wyndham, serve on the church's administrative board. They have four children and four grandchildren; and
Whereas, his colleagues in the General Assembly are proud to have served with him and recognize the many accomplishments he has made thus far in his service to House District 100 and to this State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend the Honorable Robert Linwood Helmly, of Moncks Corner in Berkeley County, for his legislative service as a member of the House of Representatives and wish him well as he seeks to continue his public service in the upper chamber.
Be it further resolved that a copy of this resolution be forwarded to Representative Helmly.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. HENDRICKS made a statement relative to Rep. ROBERT HELMLY'S service in the House.
Rep. H. BROWN made a statement relative to Rep. ROBERT HELMLY.
Rep. ROBERT HELMLY made a statement relative to his retirement from the House.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4275 -- Rep. J. Rogers: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SCHOOL DISTRICT OF MARLBORO COUNTY AND THE MARLBORO COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ELECT MEMBERS OF THE FACULTY OF THE SCHOOLS IN THE DISTRICT AND TO DELETE THE AUTHORITY OF THE TRUSTEES OF THE ADMINISTRATIVE AREAS WITHIN THE SCHOOL DISTRICT TO ELECT MEMBERS OF THE FACULTY OF THE SCHOOLS IN THE PARTICULAR ADMINISTRATIVE AREA.
H. 4311 -- Reps. E.B. McLeod, Blanding, McElveen, G. Brown and Baxley: A BILL TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY, SO AS TO PROVIDE THAT TWO MEMBERS OF THE CAREER CENTER BOARD OF TRUSTEES MUST BE APPOINTED BY THE SUMTER COUNTY LEGISLATIVE DELEGATION, TO REQUIRE THE IMMEDIATE APPOINTMENT OF A SUCCESSOR TO A MEMBER OF THE CAREER CENTER BOARD UPON THE EXPIRATION OF HIS TERM, TO DELETE REFERENCES TO NONEXISTENT BOARDS AND COMMISSIONS AND TO REPLACE THEM WITH THEIR PRESENT COUNTERPARTS, TO PROVIDE FOR A DIRECTOR OF THE CAREER CENTER TO ACT AS SUPERVISOR AND FISCAL AGENT FOR THE SCHOOL, TO PROVIDE FOR EQUAL EQUITY IN SCHOOL PROPERTY BY SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY, AND TO DELETE REQUIREMENTS FOR APPROVAL OF TAX LEVIES MADE FOR THE SCHOOL BY THE COUNTY GOVERNING BODY.
H. 4258 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF SOCIAL WORK EXAMINERS, RELATING TO CONTINUING EDUCATION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 959, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4259 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO LICENSURE, FEES, SUPERVISORS, QUALIFYING EXAMINATIONS, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1507 -- Senator Williams: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTH CAROLINA MAGISTRATES' ASSOCIATION, INC. IN LEXINGTON COUNTY.
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.
S. 1535 -- Senator Dennis: A BILL TO REPEAL ACT 579 OF 1980 RELATING TO THE MAGISTRATE FOR HILTON'S CROSS ROADS IN BERKELEY COUNTY.
The following Bill and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
S. 1240 -- Senator Waddell: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION ESTABLISHMENTS, AND ALL ADDITIONS TO EXISTING HEADQUARTERS, OFFICE FACILITIES, OR DISTRIBUTION ESTABLISHMENTS IN SOUTH CAROLINA, IF THE COST IS FIFTY THOUSAND DOLLARS OR MORE AND SEVENTY-FIVE OR MORE NEW FULL-TIME JOBS ARE CREATED IN SOUTH CAROLINA, QUALIFY FOR THE FIVE YEAR ABATEMENT FROM ORDINARY COUNTY PROPERTY TAXES OF NEW MANUFACTURING ESTABLISHMENTS; TO ESTABLISH WITHIN THE OFFICE OF THE GOVERNOR AN ECONOMIC DEVELOPMENT INCENTIVE FUND FROM WHICH PAYMENTS OF UP TO FIVE HUNDRED THOUSAND DOLLARS MAY BE MADE DIRECTLY TO QUALIFIED CORPORATIONS OR COMPANIES TO OFFSET THE COSTS ASSOCIATED WITH ESTABLISHING THE CORPORATIONS' OR COMPANIES' HEADQUARTERS IN THIS STATE; AND TO PROVIDE THAT QUALIFYING CORPORATIONS ESTABLISHING A HEADQUARTERS OR ADMINISTRATIVE OPERATION IN THIS STATE, OR ADDING TO AN EXISTING HEADQUARTERS OR OPERATION, ARE ALLOWED A CORPORATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF CERTAIN DEVELOPMENT OR CONSTRUCTION COSTS.
Rep. KIRSH moved to adjourn debate upon the following Bill until Thursday, June 2, which was adopted.
S. 1430 -- Senator Hayes: A BILL TO AMEND ACT 176 OF 1987, RELATING TO THE ESTABLISHMENT OF THE LAKE WYLIE MARINE COMMISSION, SO AS TO MAKE TECHNICAL CHANGES.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 1541 -- Senator Long: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE TIME OF THE 1988 GENERAL ELECTION FOR THE REGISTERED ELECTORS OF HORRY COUNTY ON THE QUESTION CONCERNING WHETHER OR NOT THE ELECTORS WISH TO CHANGE THE METHOD OF ELECTION OF THE MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR HORRY COUNTY FROM ELECTION AT LARGE TO ELECTION FROM DEFINED SINGLE-MEMBER DISTRICTS.
H. 4270 -- Rep. Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-149 SO AS TO PROVIDE A NO-WAKE ZONE FROM ONE HUNDRED YARDS NORTH OF MARKER 40 TO MARKER 41 ON THE NEW RIVER IN BEAUFORT COUNTY.
S. 1454 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTIONAL ASSISTANCE: PALMETTO FELLOWS SCHOLARSHIP PROGRAM AND IMPROVING UNDERGRADUATE INSTRUCTION - COMPETITIVE GRANTS PROGRAM DESIGNATED AS REGULATION DOCUMENT NUMBER 975 PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1453 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING OF NONPUBLIC INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 976, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. J.C. JOHNSON explained the Joint Resolution.
S. 1166 -- Senator Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT A PUBLIC SCHOOL ADMINISTRATOR, PRINCIPAL, COUNSELOR, OR TEACHER WHO SUSPECTS A STUDENT OF USING ALCOHOL OR ANY OTHER NONPRESCRIPTION DRUG, AND WHO IN GOOD FAITH NOTIFIES THE STUDENT'S PARENT OR LEGAL GUARDIAN OF THIS FACT IS NOT LIABLE FOR CIVIL DAMAGES.
Rep. TOWNSEND explained the Bill.
S. 998 -- Senator McConnell: A BILL TO AMEND SECTION 40-51-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND EXAMINATION OF APPLICANTS TO PRACTICE PODIATRY, SO AS TO DELETE THE PROVISIONS ON TEMPORARY LICENSES.
On motion of Rep. CORK, with unanimous consent, it was ordered that H. 4270 be read the third time tomorrow.
On motion of Rep. BEASLEY, with unanimous consent, it was ordered that S. 1454 be read the third time tomorrow.
On motion of Rep. BEASLEY, with unanimous consent, it was ordered that S. 1453 be read the third time tomorrow.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that S. 1166 be read the third time tomorrow.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that S. 998 be read the third time tomorrow.
Rep. J. ROGERS moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.
H. 4275 -- Rep. J. Rogers: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SCHOOL DISTRICT OF MARLBORO COUNTY AND THE MARLBORO COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ELECT MEMBERS OF THE FACULTY OF THE SCHOOLS IN THE DISTRICT AND TO DELETE THE AUTHORITY OF THE TRUSTEES OF THE ADMINISTRATIVE AREAS WITHIN THE SCHOOL DISTRICT TO ELECT MEMBERS OF THE FACULTY OF THE SCHOOLS IN THE PARTICULAR ADMINISTRATIVE AREA.
Rep. J. ROGERS moved to adjourn debate upon the Bill until Wednesday, June 15, which was adopted.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. TOWNSEND having the floor.
S. 1286 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 135 IN TITLE 59, RELATING TO EDUCATION, SO AS TO ENACT THE SCHOOL-BASED ENTERPRISE ACT AND TO ESTABLISH THE SCHOOL-BASED ENTERPRISE INTERAGENCY BOARD AND THE SCHOOL-BASED ENTERPRISE ADVISORY COUNCIL TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 31, by the Committee on Education and Public Works.
Rep. TOWNSEND continued speaking.
The amendment was then adopted.
Rep. HASKINS proposed the following Amendment No. 2, which was adopted.
Amend as and if amended page 1286-4 of the Committee Amendment, by adding after line 2, an appropriately numbered subitem to read:
/(_____)two representatives of private student business enterprise organizations./
Amend numbers and title to conform.
Rep. HASKINS 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. TOWNSEND, with unanimous consent, it was ordered that S. 1286 be read the third time tomorrow.
The following Joint Resolution was taken up.
S. 1495 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, RELATING TO SEA TURTLE PROTECTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 969, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PEARCE moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
S. 162 -- Senator Lourie: A BILL TO AMEND CHAPTER 11 OF TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPETENCY OF WITNESSES, BY ADDING SECTION 19-11-95 SO AS TO DEFINE HEALTH CARE PROFESSIONAL, TO PROVIDE THAT MEDICAL INFORMATION CONCERNING THE PHYSICAL OR MENTAL CONDITION OF A PATIENT IS PRIVILEGED INFORMATION, TO PROVIDE INSTANCES IN WHICH THE PRIVILEGE IS WAIVED AS TO THE HEALTH CARE PROFESSIONAL, AND TO PROVIDE THAT ANY HEALTH CARE PROFESSIONAL IS NOT LIABLE FOR THE RELEASE OF THE INFORMATION TO AUTHORIZED PERSONS.
Reps. LIMEHOUSE, H. BROWN, SHARPE, KOON, DAVENPORT and JONES objected to the Bill.
The following Bill was taken up.
S. 229 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSED SEASONS AND SIZE LIMITS ON VARIOUS SPECIES OF FISH, SO AS TO PROVIDE THAT THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY ADOPT BY REGULATION ALL FISHERY REGULATIONS PROMULGATED UNDER PUBLIC LAW 94-265 REGULATING FISHING ACTIVITIES IN THE FISHERY CONSERVATION ZONE ADJACENT TO THE WATERS OF THIS STATE.
Rep. PEARCE moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 1339 -- Senator Waddell: A BILL TO AMEND TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES, BY ADDING CHAPTER 41 SO AS TO ENACT THE MUNICIPAL BEACH EROSION PREVENTION ACT.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0113R), which was adopted.
Amend the bill, as and if amended, by striking Section 5-41-30 and inserting:
Section 5-41-30. The governing body may devise and,subject to the appropriate regulatory approval, implement a beach erosion prevention plan within the corporate limits and on land adjacent to the corporate limits. The plan may include the construction, reconstruction, and improvement of beach erosion prevention projects; and the acquisition or improvement of land in order to provide for public access to South Carolina's beaches.
Amend the bill further, by adding a new section to read:
Section 5-41-140. The powers granted to municipalities by this Chapter may be exercised only if:
(1) agreed to by a majority of the membership of the governing body plus one; and
(2) reasonable public access to the beaches within or adjacent to the beach erosion prevention district either already exists or is provided for as a result of exercising these powers.
For the purposes of this chapter, "reasonable public access" shall be determined by the South Carolina Coastal Council.
Amend title to conform.
Rep. PEARCE explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE spoke against the Bill and moved to adjourn debate upon the Bill until 3:00 P.M. on Thursday, June 2.
Reps. DAY, DAVENPORT and LIMEHOUSE objected to the Bill.
The following Bill was taken up.
H. 3825 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-434 SO AS TO CREATE THE CHILD'S EDUCATION SAVINGS ACT, TO DEFINE "CHILD'S EDUCATION SAVINGS ACCOUNT", TO ALLOW A DEDUCTION FROM TAXABLE INCOME FOR PURPOSES OF STATE INCOME TAXATION IN THE AMOUNT OF THREE THOUSAND DOLLARS WHICH MUST BE USED TO DEFRAY THE COST OF A CHILD'S COLLEGE EDUCATION, TO PROVIDE FOR THE EXPENDITURE OF MONIES FROM THIS ACCOUNT, AND TO PROVIDE PENALTIES FOR UNAUTHORIZED WITHDRAWALS.
Rep. McTEER moved to continue the Bill, which was agreed to.
The following Bill was taken up.
H. 2391 -- Reps. Pearce, Thrailkill, Washington, Harvin and Whipper: A BILL TO REPEAL ITEM (34) OF SECTION 12-35-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE SALES TAX OF THE GROSS PROCEEDS FROM THE SALE OR RESALE OF ANY VACATION TIME SHARING LEASE PLAN AS PROVIDED BY CHAPTER 32 OF TITLE 27.
Rep. PEARCE moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 659 -- Senator Giese: A BILL TO AMEND SECTIONS 40-35-40, 40-35-50, 40-35-60, 40-35-70, 40-35-90, 40-35-110, AND 40-35-130, RELATING TO THE PROVISIONS OF LAW REGULATING NURSING HOME ADMINISTRATORS, SO AS TO MAKE CERTAIN CHANGES REGARDING THESE PROVISIONS, INCLUDING INCREASING THE MAXIMUM PENALTIES WHICH MAY BE IMPOSED FOR SERVING AS A NURSING HOME ADMINISTRATOR WITHOUT A LICENSE, REVAMPING THE PROVISIONS ON REVOCATION OR SUSPENSION OF LICENSES AND IMPOSITION OF OTHER DISCIPLINARY ACTION, PROVIDING FOR THE LAPSING OF A LICENSE AND FOR REINSTATEMENT, AND EXEMPTING CERTAIN FINES AND COSTS COLLECTED BY THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS PURSUANT TO SECTION 40-35-133 FROM THE REQUIREMENT OF BEING DEPOSITED IN THE GENERAL FUND; AND TO AMEND CHAPTER 35 OF TITLE 40, RELATING TO NURSING HOME ADMINISTRATORS, BY ADDING SECTIONS 40-35-105, SO AS TO REQUIRE A NURSING HOME ADMINISTRATOR TO POST A NOTICE SETTING FORTH THE MANNER IN WHICH COMPLAINTS MAY BE REPORTED TO THE BOARD, 40-35-131, SO AS TO PROVIDE FOR A PROCEDURE FOR HEARING CHARGES AGAINST A LICENSEE BY THE BOARD OR BY A HEARING OFFICER OR OFFICERS APPOINTED BY THE BOARD, 40-35-132, SO AS TO PROVIDE THAT, UPON A DETERMINATION BY THE BOARD THAT ONE OR MORE OF THE GROUNDS FOR REVOCATION OR SUSPENSION OF A LICENSE OR FOR OTHERWISE DISCIPLINING A LICENSEE EXIST IN ACCORDANCE WITH THE PROVISIONS OF SECTION 40-35- 130, THE BOARD MAY TAKE ANY ONE OR MORE OF A NUMBER OF CERTAIN ACTIONS IN THE WAY OF SANCTIONS REGARDING THE LICENSE OR THE LICENSEE, INCLUDING THE IMPOSITION OF CERTAIN COSTS AND FINES, AND 40-35-133, SO AS TO PROVIDE THAT ALL COSTS AND FINES IMPOSED UNDER CERTAIN PROVISIONS OF SECTION 40-35-132 ARE DUE AND PAYABLE IMMEDIATELY UPON IMPOSITION, PROVIDE THAT INTEREST SHALL ACCRUE ON THE AMOUNT DUE FROM THE DATE IMPOSED UNTIL THE DATE IT IS PAID, REQUIRE THE BOARD TO REMIT ALL AMOUNTS RECEIVED BY WAY OF COSTS AND FINES AND BY WAY OF INTEREST TO THE STATE TREASURER TO BE DEPOSITED IN A SPECIAL FUND FROM WHICH THE BOARD MUST BE REIMBURSED FOR THE ADMINISTRATIVE COSTS OF EACH DISCIPLINARY PROCEEDING, AND PROVIDE THAT, AT ANY TIME THE SPECIAL FUND EXCEEDS TWENTY THOUSAND DOLLARS, ALL EXCESS FUNDS MUST BE REMITTED TO THE STATE'S GENERAL FUND.
Reps. O. PHILLIPS, LEWIS and LANFORD objected to the Bill.
The following Bill was taken up.
S. 1000 -- Senator Peeler: A BILL TO AMEND SECTION 50-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "HUNTERS" AND "HUNTING", SO AS TO DELETE DEFINITIONS OF "HUNTERS" AND "HUNTING" IN RELATION TO PERSONS WHO, WITHOUT GUNS, ASSIST OTHERS WITH DOGS, HORSES, OR BIRDS, PROVIDE FOR TWO TRAINING PERIODS FOR BIRD DOGS AND RABBIT DOGS EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING PERIODS, AND TO REQUIRE TRAINERS OF BIRD DOGS AND RABBIT DOGS TO HAVE THE APPROPRIATE HUNTING LICENSES AND OTHER APPLICABLE PERMITS.
Rep. LEWIS objected to the Bill.
The following Bill was taken up.
S. 1398 -- Senator McLeod: A BILL TO AMEND CHAPTER 43, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUEFIED PETROLEUM GASES, SO AS TO CHANGE AND ADD DEFINITIONS AND TO REVISE PROCEDURES FOR REGULATING THE USE OF LIQUEFIED PETROLEUM GASES, TO CHANGE INSURANCE REQUIREMENTS, AND TO DELETE REQUIREMENTS FOR THE IDENTIFICATION OF VEHICLES POWERED BY LIQUEFIED PETROLEUM GAS.
Reps. L. MARTIN and P. HARRIS proposed the following Amendment No. 1 (Doc. No. 4258J), which was adopted.
Amend the bill, as and if amended, in Section 39-43-20 of the 1976 Code, as contained in SECTION 1, lines 43, 44, and 45, page 2, by striking / an official consultant and is authorized to attend all meetings an ex officio member of the board/ and inserting /an official consultant and is authorized to attend all meetings/.
Amend totals and title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 1398 be read the third time tomorrow.
The following Bill was taken up.
H. 3677 -- Reps. Klapman, Sturkie, Sharpe and Derrick: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE COMMISSION, TO DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, TO PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION OF MIDLANDS TECHNICAL COLLEGE, AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59 OF THE 1976 CODE, RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION.
Rep. KOON objected to the Bill.
Rep. McTEER moved that the House recur to the morning hour, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4332 -- Rep. J. Bradley: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES COAST GUARD TO DONATE TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY THE SHIP INGHAM WHICH IS BEING DECOMMISSIONED AFTER FIFTY-TWO YEARS OF DISTINGUISHED SERVICE.
On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 4332 -- Rep. J. Bradley: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES COAST GUARD TO DONATE TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY THE SHIP INGHAM WHICH IS BEING DECOMMISSIONED AFTER FIFTY-TWO YEARS OF DISTINGUISHED SERVICE.
Whereas, it has come to the General Assembly's attention that the United States Coast Guard is decommissioning the ship Ingham after it has given more than fifty-two years of honorable and distinguished service to our country; and
Whereas, the State of South Carolina established the Patriot's Point Development Authority in 1983 in Charleston where a national naval museum is located. Presently, the aircraft carrier Yorktown and other Navy and Coast Guard ships, submarines, and vessels are located at this National Naval Museum; and
Whereas, the members of the General Assembly, by this resolution, are desirous of expressing their belief that for the United States Coast Guard to donate the Ingham to Patriot's Point would be a fitting tribute to this great ship and a valued addition to the National Naval Museum of the Authority. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the United States Coast Guard to donate to the Patriot's Point Development Authority the ship Ingham which is being decommissioned after fifty-two years of distinguished service.
Be it further resolved that a copy of this resolution be forwarded to the United States Coast Guard.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 4348 -- Rep. J.W. McLeod: A HOUSE RESOLUTION COMMENDING THE STAFF AND PAGES SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THEIR HARD WORK, DILIGENCE, AND DEDICATION AND PROVIDING THAT THE STAFF AND PAGES SERVING THE MEMBERS OF THE HOUSE ARE NOT REQUIRED TO WORK ON FRIDAY, JUNE 3, 1988.
Whereas, the staff and pages serving the members of the House of Representatives have rendered exemplary service during the 1988 Session, especially during the week of May thirteenth when the volume of work has been especially great and the pace of the House, in moving toward adjournment, has been quite swift; and
Whereas, the hard work, diligence, and dedication of the pages and staff are deeply appreciated and highly commendatory. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives commends the staff and pages serving the members of the House of Representatives for their hard work, diligence, and dedication.
Be it further resolved that the staff and pages serving the members of the House are not required to work on Friday, June 3, 1988.
The Resolution was adopted.
The following Bill was taken up.
S. 1220 -- Senators Land, Garrison, Peeler and Macaulay: A BILL TO AMEND SECTION 56-3-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR HOUSE TRAILERS, SO AS TO PROVIDE FOR AN ANNUAL FEE OF TWELVE DOLLARS RATHER THAN SIX DOLLARS, AND TO PROVIDE THAT HOUSE TRAILERS PERMITTED TO BE MOVED OVER THE HIGHWAYS UNDER SPECIAL PERMITS ISSUED PURSUANT TO CERTAIN PROVISIONS OF LAW, WITH CERTAIN STATED EXCEPTIONS, SHALL PAY A FEE OF TEN DOLLARS A TRIP, RATHER THAN FIVE DOLLARS A TRIP; TO AMEND SECTION 56-5-4180, RELATING TO OPEN-END PERMITS FOR MOVING OVERSIZE MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY BUILDINGS, SO AS TO DELETE ALL THE PROVISIONS DEALING WITH THIS OPEN-END PERMIT, TO PROVIDE FOR THE ISSUANCE OF MULTIPLE TRIP PERMITS FOR THE MOVING OF OVER-DIMENSIONAL OR OVERWEIGHT NONDIVISIBLE LOADS OVER SPECIFIED STATE HIGHWAYS, TO PROVIDE FOR A FEE FOR THIS PERMIT, AND TO PROVIDE, AMONG OTHER THINGS, THAT IT IS UNLAWFUL FOR ANY PERSON TO VIOLATE ANY PROVISION, TERM, OR CONDITION OF THE MULTIPLE TRIP PERMIT; TO AMEND SECTION 56-5-4200, RELATING TO OPEN-END PERMITS FOR MOVING OVERSIZE MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY BUILDINGS AND TO REPORTS, FEES, AND RECORDS, SO AS TO PROVIDE FOR THE FEE OF TEN DOLLARS A TRIP, RATHER THAN FIVE DOLLARS A TRIP, REQUIRED TO BE PAID PURSUANT TO SECTION 56-3-710; AND TO AMEND SECTION 56-5-4170, RELATING TO MOTOR VEHICLES AND PERMITS FOR EXCESS SIZE AND WEIGHT OR OTHER NONCONFORMING ACTS, SO AS TO PROVIDE FOR A PERMIT FEE OF TEN DOLLARS, RATHER THAN FIVE DOLLARS, IN CONFORMANCE WITH THE CHANGE MADE IN SECTION 56-3-710.
Rep. HOLT proposed the following Amendment No. 1 (Doc. No. 4327J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and SECTION 5 in their entirety.
Renumber sections to conform.
Amend title to conform.
Rep. HOLT explained the amendment.
The amendment was then adopted.
Rep. O. PHILLIPS objected to the Bill.
Rep. CARNELL explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WINSTEAD, with unanimous consent, it was ordered that S. 1220 be read the third time tomorrow.
The following was introduced:
H. 4349 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3882, RELATING TO THE CAPITAL RESERVE FUND, FOR IMMEDIATE CONSIDERATION, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.3882 UNTIL DISPOSED OF.
Be it resolved by the House of Representatives:
That H. 3882 be set by special order for immediate consideration until it is disposed of.
Rep. HUFF explained the House Resolution.
The Resolution was adopted.
The Senate Amendments to the following Joint Resolution were taken up for consideration.
H. 3882 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1987-88.
Reps. McLELLAN, J. ROGERS and BOAN proposed the following Amendment No. 1 (Doc. No. 4404J), which was adopted.
Amend the resolution, as and if amended, by striking priority numbers 8 through 12, as contained in SECTION 1, beginning on page 3, and inserting:
/8. State Budget and Control Board--Division of General Services
Supreme Court Building Renovations
and Parking Lot Acquisition 600,000
9. Election Commission
Voting Systems 1,000,000
The State Election Commission
is authorized to use the
funds authorized in this act
to pay not more than 70% of the
total cost of either electronic
or punch card voting systems as
may be selected by participating
counties.
10. Dept. of Mental Retardation
(a) Day Programs - Replace
Physical Facilities 1,200,000
(b) Day Programs - Capital
Needs 310,000
11. Department of Corrections
Equipment 803,400
12. Department of Youth Services
(a) Horry-Georgetown Marine
Institute 400,000
(b) Piedmont Marine Institute 400,000
(c) Pee Dee Marine Institute 400,000
(d) Recreational Equipment/
Facility 254,000
(e) Vehicles 246,000
13. Forestry Commission
Fire Fighting Equipment -
Ground Units Only 1,000,000/
Amend further, in SECTION 1, page 4, by adding beginning on line 11 /Any additional funds available in the Capital Reserve Fund above the total amount appropriated in this resolution must be used for the school bus lease/purchase agreement buyout or to purchase school buses. If funds available for school buses in Parts I and III of the 1988-89 General Appropriations Act and in this resolution in total are sufficient to buy out the school bus lease/purchase agreement using funds available under the 1988-89 General Appropriations Act first, the agreement must be bought out. If these sources of funds are insufficient for a buyout, then all amounts appropriated or available for school buses in excess of what is appropriated for the lease/purchase payment for Fiscal Year 1988-89 in Part I of the 1988-89 General Appropriations Act must be used to purchase up to five hundred new school buses or to make accelerated payments on the school bus lease/purchase agreement, or both, as may be determined by the State Budget and Control Board. After any buyout, any excess school bus funds appropriated pursuant to this resolution shall lapse as provided in Section 11-11-320 of the 1976 Code.
The provisions of paragraph 16.71 of Part I of Act 170 of 1987, the General Appropriations Act, apply with respect to any determination of funds available in the Capital Reserve Fund./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
Rep. DAVENPORT moved to divide the question.
Rep. McLELLAN moved to table the motion.
Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The motion to divide the question was tabled by a division vote of 47 to 22.
Rep. J. ROGERS spoke in favor of the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4272 -- Reps. Stoddard, D. Martin, McAbee and Foxworth: A CONCURRENT RESOLUTION TO SET 12:00 NOON ON WEDNESDAY, JUNE 1, 1988, AS THE TIME FOR ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, AND LANDER COLLEGE.
Rep. AYDLETTE moved that all unopposed candidates that were found qualified by the Joint Screening Committee be placed in nomination, which was agreed to.
Rep. BEASLEY moved that the House vote by electronic roll call, which was agreed to.
Rep. STODDARD nominated the following candidates:
Gordon B. Stine, D.D.S.* of Charleston SEAT 1
Joe E. Berry, Jr.* of Columbia SEAT 3
Joel H. Smith of Columbia SEAT 4
Thomas W. Weeks* of Barnwell SEAT 5
William J. Day of Greenwood SEAT 6
Robert S. Small of Greenville SEAT 7
Merl F. Code of Greenville SEAT 8
F. Creighton McMaster* of Winnsboro SEAT 9
Marie M. Land of Manning SEAT 12
Alton E. Jones* of Hilton Head, and SEAT 13
Ashriel I. Mose* of Orangeburg SEAT 15
On motion of Rep. WINSTEAD, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon the President announced that Gordon B. Stine, D.D.S.*, SEAT 1; Joe E. Berry, Jr.*, SEAT 3; Joel H. Smith, SEAT 4; Thomas W. Weeks*, SEAT 5; William J. Day, SEAT 6; Robert S. Small, SEAT 7; Merl F. Code, SEAT 8; F. Creighton McMaster*, SEAT 9; Marie M. Land, SEAT 12; Alton E. Jones*, SEAT 13; and Ashriel I. Mose*, SEAT 15; were duly elected for the term prescribed by law.
Rep. STODDARD nominated the following candidates John A. Hamilton of Charleston, Cheryl D. Whipper of North Charleston, Richard W. Seabrook, Jr., of Charleston and Kathryn G. Rentiers of Charleston.
On motion of Rep. WINSTEAD, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Hamilton:
The following named Senators voted for Ms. Whipper:
Branton Bryan Courson Dennis Doar Drummond Fielding Garrison Giese Hayes Hinson Holland Land Leatherman Lee Lindsay Long Macaulay Martin Matthews McConnell Mitchell Moore Patterson Peeler Pope Powell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E. Stilwell Thomas Waddell Williams
The following named Senators voted for Mr. Seabrook:
The following named Senators voted for Ms. Rentiers:
Applegate Martschink Wilson
On motion of Rep. BEASLEY, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Hamilton:
The following named Representatives voted for Ms. Whipper:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Ferguson Foster Gentry Gregory Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Lanford Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Sharpe Sheheen Shelton Short Snow Stoddard Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
The following named Representatives voted for Mr. Seabrook:
The following named Representatives voted for Ms. Rentiers:
Foxworth Klapman Koon Mappus Pettigrew Sturkie
Total Number of Senators voting 41
Total Number of Representatives voting 109
Grand Total 150
Necessary to a choice 76
Of which Mr. Hamilton received 0
Of which Ms. Whipper received 141
Of which Mr. Seabrook received 0
Of which Ms. Rentiers received 9
Whereupon, the President announced that Mrs. Cheryl D. Whipper having received a majority of the votes cast was duly elected for the term prescribed by law.
Rep. STODDARD nominated the following candidates Mr. J. Vincent Price of Gaffney and Mr. Harry E. Lawhon, Jr., of Camden.
On motion of Rep. WINSTEAD nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Price:
Applegate Branton Bryan Courson Dennis Doar Drummond Fielding Garrison Giese Leatherman Lee Leventis Lindsay Long Lourie Martin Martschink Matthews McConnell Mitchell Moore Patterson Peeler Powell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, T.E. Stilwell Thomas Waddell Wilson
The following named Senators voted for Mr. Lawhon:
Hayes Hinson Holland Land Macaulay Pope Williams
On motion of Rep. BEASLEY, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Price:
Alexander, M.O. Altman Arthur Aydlette Bailey, K. Baker Barfield Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Clyborne Cole Cooper Cork Corning Davenport Day Derrick Edwards Faber Fair Ferguson Foster Foxworth Gregory Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lanford Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Sharpe Shelton Short Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
The following named Representatives voted for Mr. Lawhon:
Alexander, T.C. Baxley Blanding Chamblee Elliott Gentry Holt Klapman McEachin McElveen McLellan McLeod, E.B. Sheheen Simpson
Total Number of Senators voting 42
Total Number of Representatives voting 111
Grand Total 153
Necessary to a choice 77
Of which Mr. Price received 132
Of which Mr. Lawhon received 21
Whereupon, the President announced that Mr. J. Vincent Price having received a majority of the votes cast was duly elected for the term prescribed by law.
Rep. STODDARD nominated the following candidates Ms. Henrietta Golding of Myrtle Beach, Mr. J. David Watson of Latta and Mr. Texas T. Smith of Mullins.
Senator Thomas E. Smith, Jr. withdrew Mr. Texas T. Smith as a candidate. On motion of Rep. WINSTEAD nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. Golding:
Applegate Branton Doar Hinson Leatherman Long Macaulay Martschink McConnell Mitchell Shealy Smith, T.E. Williams
The following named Senators voted for Mr. Watson:
Bryan Courson Dennis Drummond Fielding Garrison Giese Hayes Holland Land Lee Leventis Lindsay Lourie Martin Matthews Moore Patterson Peeler Pope Powell Saleeby Setzler Smith, H.C. Smith, J.V. Stilwell Thomas Waddell Wilson
On motion of Rep. BEASLEY, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Golding:
Alexander, M.O. Altman Bailey, K. Barfield Bennett Boan Brown. H. Burriss, M.D. Burriss, T.M. Carnell Cooper Cork Elliott Foster Foxworth Gentry Gregory Hearn Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Koon Mappus Mattos McAbee McCain McEachin McLellan McTeer Nettles Pearce Rice Sheheen Short Snow Stoddard Sturkie Thrailkill Winstead
The following named Representatives voted for Mr. Watson:
Alexander, T.C. Arthur Aydlette Baker Baxley Beasley Blackwell Blanding Brown, G. Brown, H. Brown, J. Brown, R. Burch Chamblee Clyborne Cole Dangerfield Davenport Day Derrick Edwards Faber Fair Ferguson Gilbert Harris, J. Harris, P. Haskins Hayes Helmly Holt Klapman Lanford Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Shelton Simpson Taylor Townsend Waldrop Washington Wells Whipper White Wilder Wilkins Williams
Total Number of Senators voting 42
Total Number of Representatives voting 112
Grand Total 154
Necessary to a choice 78
Of which Ms. Golding received 58 Of which Mr. Watson received 97
Whereupon, the President announced that Mr. J. David Watson having received majority of the votes cast was duly elected for the term prescribed by law.
Rep. STODDARD nominated the following candidates Mr. Timothy N. Dangerfield of Aiken, and Mr. H. Simmons Tate, Jr., of Columbia.
On motion of Rep. WINSTEAD nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Dangerfield:
Applegate Branton Bryan Dennis Doar Drummond Fielding Garrison Hayes Hinson Holland Land Leatherman Lee Lindsay Long Matthews McConnell Mitchell Moore Peeler Powell Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E. Thomas Waddell Williams
The following named Senators voted for Mr. Tate:
Courson Giese Leventis Lourie Macaulay Martin Patterson Pope Stilwell Wilson
The following named Senators voted for Ms. Harvey: (candidate who withdrew)
Martschink
On motion of Rep. BEASLEY, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Dangerfield:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Edwards Elliott Faber Fair Ferguson Foster Gentry Gilbert Gregory Harris, J. Harris, P. Haskins Hayes Helmly Hendricks Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Koon Lanford Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
The following named Representatives voted for Mr. Tate:
Corning Foxworth Hearn Keyserling
The following named Representatives voted for Ms. Harvey:
Total Number of Senators voting 44
Total Number of Representatives voting 113
Grand Total 157
Necessary to a choice 79
Of which Mr. Dangerfield received 142
Of which Mr. Tate received 14
Of which Ms. Harvey received 1
Whereupon, the President announced that Mr. Timothy N. Dangerfield having received a majority of the votes cast was duly elected for the term prescribed by law.
Rep. STODDARD nominated the following candidates:
Earl E. McLeod, Jr.* of Hopkins SEAT 3
Lorraine Harris Knight of Columbia SEAT 4
Gail N. Richardson of Barnwell SEAT 5
William A. Collins of Greenwood SEAT 6
Ellen C. Watson* of Spartanburg SEAT 7
Robert E. Lanford, Jr. of Moore SEAT 8
E.S. Ervin* of Sumter SEAT 9
Tracy L. Eggleston of York SEAT 10
Peter D. Hyman* of Florence SEAT 11
W. Jennings Duncan* of Conway SEAT 13
M. Russell Holliday, Jr. of Galivants Ferry SEAT 14
Allard A. Alston* of Darlington SEAT 15
On motion of Rep. WINSTEAD nominations were closed and, with unanimous consent the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon the President announced that Earl E. McLeod, Jr.*, SEAT 3; Lorraine Harris Knight, SEAT 4; Gail N. Richardson, SEAT 5; William A. Collins, SEAT 6; Ellen C. Watson, SEAT 7; Robert E. Lanford, Jr., SEAT 8; E.S. Ervin*, SEAT 9; Tracy L. Eggleston, SEAT 10; Peter D. Hyman*, SEAT 11; W. Jennings Duncan*, SEAT 13; M. Russell Holliday, Jr., SEAT 14; Allard A. Alston, SEAT 15; were duly elected for the term prescribed by law.
Rep. STODDARD nominated the following candidates Ms. Mary L. McQueen of Charleston and Mr. Howard Cordon Lundy, Jr. of Mt. Pleasant.
Rep. GREGORY moved that when voting for one of two candidates, the one candidate receive the green light, and the other receive the red light, which was agreed to.
On motion of Rep. WINSTEAD nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. McQueen:
Courson Giese
The following named Senators voted for Mr. Lundy:
Applegate Branton Bryan Dennis Doar Drummond Fielding Garrison Hayes Hinson Holland Land Leatherman Lee Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell Mitchell Moore Patterson Peeler Pope Powell Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E. Stilwell Thomas Waddell Williams Wilson
On motion of Rep. BEASLEY, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Ms. McQueen:
Brown, H. Brown, J. Keyserling Rudnick Tucker
The following named Representatives voted for Mr. Lundy:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gregory Harris, J. Harris, P. Haskins Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Koon Lanford Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Sharpe Sheheen Shelton Short Simpson Snow Sturkie Thrailkill Townsend Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
Total Number of Senators voting 43
Total Number of Representatives voting 112
Grand Total 155
Necessary to a choice 78
Of which Ms. McQueen received 7
Of which Mr. Lundy received 148
Whereupon, the President announced that Mr. Howard Gordon Lundy, Jr. having received the majority of the votes cast was duly elected for the term prescribed by law.
Rep. STODDARD nominated the following candidates Ms. Elizabeth Bliss of Goose Creek and Mr. J. Michael Murphree of Summerville.
On motion of Rep. WINSTEAD nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. Bliss:
The following named Senators voted for Mr. Murphree:
Applegate Branton Bryan Courson Dennis Doar Drummond Fielding Garrison Giese Hayes Hinson Holland Land Leatherman Lee Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell Mitchell Moore Patterson Peeler Pope Powell Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E. Stilwell Thomas Waddell Williams Wilson
On motion of Rep. BEASLEY, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Bliss:
Alexander, M.O. Arthur Blackwell Brown, H. Carnell Chamblee Cooper Day Ferguson Helmly Huff Jones Keyserling Lanford McAbee McBride McElveen McLeod, E.B. Rice Rogers, T. Rudnick Sheheen Simpson Stoddard Washington White
The following named Representatives voted for Mr. Murphree:
Alexander, T.C. Altman Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blanding Boan Brown, G. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Clyborne Cole Cork Corning Dangerfield Davenport Derrick Edwards Elliott Faber Fair Felder Foster Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Haskins Hayes Hearn Hendricks Hodges Holt Humphries Johnson, J.C. Johnson, J.W. Kay Kirsh Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McCain McEachin McGinnis McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rogers, J. Sharpe Shelton Snow Sturkie Taylor Thrailkill Townsend Tucker Waldrop Wells Whipper Wilder Wilkins Williams Winstead
Total Number of Senators voting 43
Total Number of Representatives voting 114
Grand Total 157
Necessary to a choice 79
Of which Ms. Bliss received 26
Of which Mr. Murphree received 131
Whereupon, the President announced that Mr. J. Michael Murphree having received a majority of the votes cast was duly elected for the term prescribed by law.
Rep. STODDARD nominated the following candidates Mr. William W. Coleman, Jr. of Lake City, Mr. James A. Franklin, Sr. of Florence and Mr. John M. Whittington of Marion.
Rep. R. BROWN withdrew Mr. Whittington as a candidate.
On motion of Rep. WINSTEAD nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Coleman:
Applegate Branton Bryan Courson Dennis Doar Drummond Fielding Garrison Giese Hayes Hinson Holland Land Leatherman Lee Lindsay Long Lourie Macaulay Martin McConnell Moore Patterson Peeler Pope Powell Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E. Stilwell Thomas Waddell Williams Wilson
The following named Senators voted for Mr. Franklin:
Martschink Matthews Mitchell
On motion of Rep. BEASLEY, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Coleman:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gregory Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Holt Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Thrailkill Townsend Tucker Waldrop Wells Whipper Wilder Wilkins Williams Winstead
The following named Representatives voted for Mr. Franklin:
Davenport Gilbert Lewis McAbee Rogers, J. Rogers, T. Washington White
Total Number of Senators voting 43
Total Number of Representatives voting 114
Grand Total 157
Necessary to a choice 79
Of which Mr. Coleman received 146
Of which Mr. Franklin received 11
Whereupon, the President announced that Mr. William W. Coleman, Jr., having received a majority of the votes cast was duly elected for the term prescribed by law.
Rep. STODDARD nominated the following candidates:
Nancy J. Cash of Charleston SEAT 2
D. Don Caughman* of Lexington SEAT 3
Shelvie Burnside Belser of Columbia SEAT 4
Martha W. Barnette* of Greenwood SEAT 5
Jean T. McFerrin of Aiken SEAT 6
Martha S. Whitener* of Union SEAT 7
E.B. Coleman of Spartanburg SEAT 8
Jack H. Boger of Rock Hill SEAT 9
S. Ann Walker of Sumter SEAT 10
Glenn J. Lawhon of Hartsville SEAT 11
Walter D. Smith of Florence SEAT 12
Sara V. Liverance* of Anderson SEAT 13
Fred W. Teeter of Greenwood SEAT 14
John E. Johnston* of Greenville SEAT 15
On motion of Rep. WINSTEAD, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Nancy J. Cash, SEAT 2; D. Don Caughman*, SEAT 3; Shelvie Burnside Belser, SEAT 4; Martha W. Barnette*, SEAT 5; Jean T. McFerrin, SEAT 6; Martha S. Whitener*, SEAT 7; E.B. Coleman, SEAT 8; Jack H. Boger, SEAT 9; S. Ann Walker, SEAT 10; Glenn J. Lawhon, SEAT 11; Walter D. Smith, SEAT 12; Sara V. Liverance*, SEAT 13; Fred W. Teeter, SEAT 14 and John E. Johnston*, SEAT 15 were duly elected for the term prescribed by law.
Rep. STODDARD nominated the following candidates Mr. Thomas L. Hansen of Charleston and Dr. Thomas W. Parkinson of McClellanville.
On motion of Rep. COOPER nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Hansen:
Applegate Branton Courson Dennis Doar Drummond Fielding Garrison Giese Hinson Holland Leatherman Lee Lindsay Long Lourie Macaulay Martin Matthews McConnell Mitchell Moore Patterson Peeler Pope Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, T.E. Thomas Waddell Williams Wilson
The following named Senators voted for Dr. Parkinson:
Bryan Hayes Land Martschink Powell Stilwell
On motion of Rep. BEASLEY, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Hansen:
Alexander, M.O. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Gilbert Gregory Harris, J. Harris, P. Haskins Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lanford Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, O. Rhoad Rice Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Williams Winstead
The following named Representatives voted for Dr. Parkinson:
Hayes McEachin
Total Number of Senators voting 42
Total Number of Representatives voting 106
Grand Total 148
Necessary to a choice 75
Of which Mr. Hansen received 140
Of which Dr. Parkinson received 8
Whereupon, the President announced that Mr. Thomas L. Hansen having received a majority of the votes cast was duly elected for the term prescribed by law.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4314 -- Rep. T. Rogers: a CONCURRENT RESOLUTION TO SET 12:00 NOON, THURSDAY, JUNE 2, 1988, AS THE TIME OF A JOINT ASSEMBLY TO ELECT TWO MEMBERS OF THE CONSUMER AFFAIRS COMMISSION WHOSE TERMS HAVE EXPIRED AND TO FILL TWO VACANCIES CAUSED BY RESIGNATION.
The President announced that nominations were in order for members of the Consumer Affairs Commission.
Senator Hayes nominated Emil W. Wald as follows:
"I rise to nominate Mr. Emil W. Wald of Rock Hill. I think most of ya'll probably know Emil, he's sort of a patron saint of the Consumer Affairs Commission. He chaired a Bar Committee that studied the Uniform Consumer Credit Code and reported to the General Assembly and subsequently, the General Assembly enacted the South Carolina Consumer Protection Code. He was appointed in 1974 by John West to the first Consumer Affairs Commission. He was reappointed by Jim Edwards and by Governor Riley. He served continuously since the inception of the board and is the only original member that has been serving. He has served as chairman since 1981, succeeding our now Secretary of State, John Campbell. His current term expires August 31 of this year. The position he held is a gubernatorial appointment. Governor Campbell has chosen someone else to fill that slot and that person has been confirmed by the Senate. But, Emil has been very active in the Consumer Affairs Movement in this State and I would hate to lose such a strong advocate for consumers from the Consumer Affairs Commission, so I rise to nominate Emil W. Wald of Rock Hill to be elected as one of the legislative members of the Consumer Affairs Commission."
Senator Lindsay seconded the nomination of Mr. Wald.
Rep. WASHINGTON nominated Rev. A. Clark Jenkins as follows:
"Mr. President and members of the General Assembly,...I rise to nominate an energetic young man from Charleston County, of Johns Island, the Rev. A. Clark Jenkins. He is a member of the United Methodist Church and has been actively involved in Charleston County in many endeavors. He is an individual, that I'm sure, will be concerned about the consumers of this State and certainly, I hope, that the General Assembly will join me in electing Rev. A. Clark Jenkins to this most important board."
Senator Fielding and Rep. BLANDING seconded the nomination of Rev. Jenkins.
Rep. BLANDING nominated Dr. Lonnie Randolph as follows:
"I would like to place in nomination the name of Dr. Lonnie Randolph, an incumbent member of the Consumer Affairs Commission. He's a local optometrist, here in Columbia, and he has served on the Consumer Affairs Commission previously, and I am pleased to place his name in nomination at this time."
Rep. McBRIDE seconded the nomination of Dr. Randolph.
Rep. T. ROGERS nominated Mr. Richard C. Moore as follows:
"Mr. President, I am pleased to serve as the House designee on the Consumer Affairs Commission and one of my most pleasant relationships in that capacity has been with Richard C. Moore, an attorney from Greenville, who was previously an appointee of Governor Riley. He has served very ably on the Commission and would like him to be re-elected for another term and I place his name in nomination."
On motion of SPEAKER SHEHEEN, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Mr. Emil Wald, Rev. A. Clark Jenkins, Dr. Lonnie Randolph, and Mr. Richard C. Moore were duly elected for the terms prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 1:10 P.M. the House resumed, the SPEAKER in the Chair.
Rep. PEARCE moved that the House recede until 2:30, which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bill was taken up.
S. 1438 -- Senators Saleeby, Peeler, Lee and Land: A BILL TO AMEND SECTION 56-5-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS AND INVESTIGATIONS OF TRAFFIC ACCIDENTS, SO AS TO INCREASE THE AMOUNT OF PROPERTY DAMAGE WHICH RESULTS IN A REQUIRED REPORT.
Rep. ALTMAN proposed the following Amendment No. 1 (Doc. No. 4147J), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. Section 56-9-350 of the 1976 Code is amended to read:
"Section 56-9-350.The operator or owner of a motor vehicle involved in an accident resulting in property damage of two four hundred dollars or more, or in bodily injury or death, shall must be furnished a written request form at the time of the accident, or as soon thereafter after the accident as possible, by the investigating officer for completion and verification of liability insurance coverage, such the form to be in a manner prescribed by the Department.
The completed and verified form shall must be returned by the operator or owner to the Department within fifteen days from the date the form was delivered by the officer. Failure to return the form, verified in the proper manner, shall be is prima facie evidence that the vehicle was uninsured.
The operator or owner of a motor vehicle involved in an accident resulting in property damage of two four hundred dollars or more, or in bodily injury or death, which was not investigated by a law enforcement officer shall furnish to the Department a written report and verification of liability insurance coverage, such the proof to be in a manner prescribed by the Department."/
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that S. 1438 be read the third time tomorrow.
The following Bill was taken up.
S. 1334 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE TAX COMMISSION, BY ADDING SECTION 12-54-225 SO AS TO AUTHORIZE THE COMMISSION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE MUTUAL EXCHANGE OF TAX RETURNS, INFORMATION THEREON, AND RELATED INFORMATION.
Rep. BEASLEY proposed the following Amendment No. 1 (Doc. No. 4335J).
Amend the bill, as and if amended, by striking SECTION 2, page 1334-3, and inserting:
/SECTION 2. Section 12-54-20 of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:
"Section 12-54-20. (A) Any person who fails to remit the tax due or additional tax as provided by law must be charged interest at the rate established by the commission in the same manner and at the same time as the underpayment rate prescribed by the Internal Revenue Code. Interest must be calculated on the full amount of tax or portion thereof of it, exclusive of penalties from the time the tax or additional tax was due until paid in its entirety. The provisions of this section apply to all taxes levied or assessed by the commission.
(B) Whenever the commission issues a warrant or tax execution under its hand, interest must be calculated on the amount of tax due from the time the tax or additional tax was due until paid in its entirety."
SECTION 3. Section 12-54-30 of the 1976 Code is amended to read:
"Section 12-54-30. If the Commission commission discovers on examination of a return or otherwise that the tax, penalty, or interest paid by any person is in excess of the amount legally due, the Commission commission may order a refund or give credit for the overpayment. Upon the allowance of a credit of or refund of any tax, penalty, or interest paid, interest is allowed and paid on the amount of the credit or refund at the rate provided for in Section 12-54-20 from the date the tax, penalty, or interest was paid to the date the order for refund or credit was issued. No interest may be paid on income tax refunds provided for under Section Sections 12-9-380 and 12-7-1980 during the first seventy-five days following the due date for the filing of the return or the date the return was filed, whichever occurs later."
SECTION 4. Section 12-54-40(b)(1), (2) and (3) of the 1976 Code are amended to read:
"(1) In the case of failure to file a return on or before the date prescribed by law, (determined with regard to any extension of time for filing), there must be added to the amount required to be shown as tax on the return, a penalty of five percent of the amount of the tax if the failure is for not more than one month, with an additional five percent for each additional month or fraction thereof of the month during which the failure continues, not exceeding twenty-five percent in the aggregate. For the purpose of this paragraph, the amount of tax required to be shown on the return must be reduced by the amount of any part of the tax which is paid on or before the date prescribed for payment of the tax and by the amount of any credit against the tax which may be claimed upon the return. In case of a failure to file a return of tax within sixty days of the date prescribed for filing the return (determined with regard to any extension of time for filing), the addition to tax must not be less than the lesser of one hundred dollars or one hundred percent of the amount required to be shown as tax on the return.
(2) (a) In case of failure to pay any tax the amount shown as tax on any return on or before the date prescribed by law (determined with regard to any extension of time for paying), there must be added to the tax due a penalty of one-half of one percent of the amount of the tax if the failure is for not more than one month, with an additional one-half of one percent for each additional month or fraction thereof of the month, during which the failure continues, not exceeding twenty-five percent in the aggregate.
(b) If any part of an underpayment of tax required to be shown on a return is due to fraud, there must be added to the tax an amount of fifty percent of the underpayment. The penalties provided herein are in lieu of all other penalties provided by law and in addition to interest provided by Section 12-54-20. In case of failure to pay any amount in respect of any tax required to be shown on a return which is not so shown (including an assessment) within ten days of the date of the notice and demand for payment, there must be added to the amount of tax stated in the notice and demand one-half of one percent of the amount of the tax if the failure is for not more than one month, with an additional one-half of one percent for each additional month or fraction of a month during which the failure continues, not exceeding twenty-five percent in the aggregate.
(c)(1) If any part of an underpayment is due to negligence or disregard of regulations, there must be added to the tax an amount equal to the sum of five percent of the underpayment and an amount equal to fifty percent of the interest payable under Section 12-54-20.
(2) There must not be taken into account under this subsection any portion of an underpayment attributable to fraud with respect to which a penalty is imposed under subsection (d).
(3) For purposes of this subsection, 'negligence' includes any failure to make a reasonable attempt to comply with the provisions of this title, and 'disregard' includes any careless, reckless, or intentional disregard.
(d)(1) If any part of any underpayment of tax required to be shown on a return is due to fraud, there is added to the tax an amount equal to the sum of seventy-five percent of the portion of the underpayment which is attributable to fraud and an amount equal to fifty percent of the interest payable under Section 12-54-20 with respect to that portion for the period beginning on the last day prescribed by law for payment of the underpayment (determined without regard to any extension) and ending on the date of the assessment of the tax or, if earlier, the date of the payment of the tax.
(2) If the commission establishes that any portion of an underpayment is attributable to fraud, the entire underpayment must be treated as attributable to fraud, except with respect to any portion of the underpayment which the taxpayer established is not attributable to fraud.
(3) In case of a joint return, this subsection does not apply with respect to a spouse unless some part of the underpayment is due to the fraud of the spouse.
(e) If any penalty is assessed under subsection (d) for an underpayment of tax which is required to be shown on a return, no penalty (relating to failure to file such return or Pay tax) must be assessed with respect to the portion of the underpayment which is attributable to fraud.
(3) A person who is liable to obtain a license or purchase stamps for identification purposes, who fails to obtain or display the license properly, or who fails to affix the stamps properly, or fails to comply with statutory provisions, is subject to a penalty of not less than fifty dollars nor more than five hundred dollars for each failure. For failure to obtain or display a license as prescribed in Section Sections 52-15-210 12-21-2720 and Section 52-15-250 12-21-2730, the penalty is fifty dollars for each failure to comply."
SECTION 5. Chapter 54 of Title 12 of the 1976 Code is amended by adding:
"Section 12-54-155. (A) If there is a substantial understatement of tax for any taxable period, there must be added to the tax an amount equal to twenty-five percent of the amount of any underpayment attributable to the understatement.
(B) For purposes of this section. there is a substantial understatement of tax for any taxable period if the amount of the understatement for the taxable period exceeds the greater of ten percent of the tax required to be shown on the return for the taxable period or five thousand dollars.
(C) In the case of a corporation other than an S Corporation or a personal holding company (as defined in IRC Section 542), subsection (B) must be applied by substituting 'ten thousand dollars' for 'five thousand dollars'.
(D) For purposes of subsection (B), 'understatement' means the excess of the amount of the tax required to be shown on the return for the taxable period over the amount of the tax imposed which is shown on the return.
(E) The amount of the understatement under subsection (A) must be reduced by that portion of the understatement which is attributable to:
(1) the tax treatment of any item by the taxpayer if there is or was substantial authority for the treatment; or
(2) any item with respect to which the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return.
(F)(1) In case of any item attributable to a tax shelter:
(a) item (2) of subsection (E) does not apply;
(b) item (1) of subsection (E) does not apply unless, in addition to meeting the requirements of the subsection, the taxpayer reasonably believed that the tax treatment_of the item by the taxpayer was more likely than not the proper treatment.
(2) For purposes of this subsection, 'tax shelter' means:
(a) a partnership or other entity;
(b) an investment plan or arrangement, or
(c) any other plan or arrangement if the principal purpose of the partnership, entity, plan, or arrangement is the avoidance or evasion of income tax."
SECTION 6. Section 12-54-150 of the 1976 Code is repealed.
SECTION 7. Section 1 of this act takes effect upon approval by the Governor, and Sections 2 through 6 of this act, upon approval by the Governor, are effective for all assessments issued after July 1, 1988.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Reps. McCAIN, STURKIE, PETTIGREW, HASKINS and FOXWORTH objected to the Bill.
The following Joint Resolution was taken up.
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 13 of Article VIII of the Constitution of this State be amended to read:
"Section 13. (A) Any county, incorporated municipality, or other political subdivision may agree with the State or with any other political subdivision for the joint administration of any function and exercise of powers and the sharing of the costs thereof.
(B) Nothing in this Constitution shall may be construed to prohibit the State or any of its counties, incorporated municipalities, or other political subdivisions from agreeing to share the lawful cost, responsibility, and administration of functions with any one or more governments, whether within or without this State.
(C) The prohibitions against dual office holding officeholding contained in Article VI of this Constitution shall do not apply to any elected or appointed official or employee who shall serve serves on a regional council of government created under the authority of this section.
(D) Counties may jointly develop an industrial or business park with other counties within the geographical boundaries of one or more of the member counties. The area comprising the parks and all property having a situs therein is exempt from all ad valorem taxation. The owners or lessees of any property situated in the park shall pay an amount equivalent to the property taxes or other in-lieu-of payments that would have been due and payable except for the exemption herein provided. The participating counties shall reduce the agreement to develop and share expenses and revenues of the park to a written instrument which is binding on all participating counties. Included within expenses are the costs to provide public services such as sewage, water, fire, and police protection. Notwithstanding the above provisions of this subsection, before a group of member counties may establish an industrial or business park as authorized herein, the General Assembly must first provide by law for the manner in which the value of the property in the park will be considered for purposes of bonded indebtedness of political subdivisions and school districts, and for purposes of computing the index of taxpaying ability pursuant to any provision of law which measures the relative fiscal capacity of a school district to support its schools based on the assessed valuation of taxable property in the district as compared to the assessed valuation of the taxable property in all school districts of this State."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 13 of Article VIII of the Constitution of this State be amended so as to provide that counties, subject to the General Assembly first providing by law for bonded indebtedness and school fiscal ability considerations, 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?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. SHEHEEN proposed the following Amendment No. 1 (Doc. No. 4424J), which was adopted.
Amend the joint resolution, as and if amended, in Section 13 of Article VIII of the Constitution of this State, as contained in Section 1, by adding the following at the end of subsection (D) to read:
/Notwithstanding the above provisions of this subsection, before a group of member counties may establish an industrial or business park as authorized herein, the General Assembly must first provide by law for the manner in which the value of the property in the Park will be considered for purposes of bonded indebtedness of political subdivisions and school districts, and for purposes of computing the index of taxpaying ability pursuant to any provision of law which measures the relative fiscal capacity of a school district to support its schools based on the assessed valuation of taxable property in the district as compared to the assessed valuation of the taxable property in all school districts of this State./
Amend the resolution further, as and if amended, in Section 2 by inserting immediately after /counties/ on line 41 of page 2 the following: /, subject to the General Assembly first providing by law for bonded indebtedness and school fiscal ability considerations,/. Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Joint Resolution on second reading.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Faber Fair Ferguson Foster Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lanford Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Neilson Nesbitt Nettles Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
So, the Joint Resolution having received the necessary two-thirds vote, was passed and ordered to third reading.
On motion of Rep. McTEER, with unanimous consent, it was ordered that S. 1534 be read the third time tomorrow.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill until Thursday, June 2, which was adopted.
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.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
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.
The following Bill was taken up.
S. 1513 -- Senators Shealy, Wilson and Setzler: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE COMMISSION, TO DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, TO PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION OF MIDLANDS TECHNICAL COLLEGE, AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59 OF THE 1976 CODE, RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION.
Rep. KLAPMAN explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill, Rep. KLAPMAN having the floor.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1194 -- Senators Thomas E. Smith, Jr., Bryan, Hayes and Fielding: A BILL TO AMEND SECTION 62-1-108, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS BY A HOLDER OF A GENERAL POWER OF APPOINTMENT, SO AS TO DEFINE THE TERM "PRESENTLY EXERCISABLE GENERAL POWER OF APPOINTMENT"; TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE SUBJECT MATTER OF JURISDICTION OF THE PROBATE COURTS, SO AS TO REVISE CERTAIN ASPECTS OF THIS JURISDICTION; TO AMEND SECTION 62-1-306, RELATING TO JURY TRIALS IN THE PROBATE COURT, SO AS TO FURTHER PROVIDE FOR THE SITUATIONS WHEN JURY TRIALS MAY BE DEMANDED AND THE MANNER IN WHICH THESE TRIALS MAY BE WAIVED; TO AMEND SECTION 62-3-1201, AS AMENDED, RELATING TO THE COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT, SO AS TO PERMIT CERTAIN ESTATES UNDER TEN THOUSAND DOLLARS NOT TO BE ADMINISTERED; TO AMEND SECTION 62-5-102, RELATING TO JURISDICTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY, SO AS TO CLARIFY THAT THE PROBATE COURT HAS JURISDICTION OF CERTAIN PROTECTIVE PROCEEDINGS AND GUARDIANSHIP PROCEEDINGS; TO AMEND SECTION 62-5-402, RELATING TO PROTECTIVE PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR THE JURISDICTION OF THE PROBATE COURT AND OTHER COURTS WITH REGARD TO CERTAIN CLAIMS AND ISSUES IN THESE PROCEEDINGS; TO AMEND SECTION 62-5-411, RELATING TO BONDS IN PROTECTIVE PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR THESE BONDING REQUIREMENTS; TO AMEND SECTION 62-5-424, RELATING TO POWERS OF A CONSERVATOR, SO AS TO REVISE HIS AUTHORITY TO PAY, CONTEST, OR SETTLE CERTAIN CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-5-433 SO AS TO PROVIDE THAT THE CIRCUIT COURT HAS EXCLUSIVE JURISDICTION TO APPROVE THE SETTLEMENT OF CLAIMS IN EXCESS OF TEN THOUSAND DOLLARS FOR OR AGAINST ANY MINOR OR INCAPACITATED PERSON FOR THE PAYMENT OF MONEY OR THE POSSESSION OF PERSONAL PROPERTY, TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT WHERE THESE CLAIMS DO NOT EXCEED TEN THOUSAND DOLLARS, AND TO PROVIDE THE PROCEDURES TO BE FOLLOWED IN SETTLING THESE CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-211 SO AS TO ALLOW THE COURT TO CONSOLIDATE OR DIVIDE TRUSTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 62-7-302, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THIS STANDARD OF CARE; TO AMEND SECTION 62-7-418, RELATING TO CHARGES WHICH MUST BE MADE AGAINST PRINCIPAL, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND THE 1976 CODE BY ADDING SECTION 15-72-10 SO AS TO CONFORM THE JURISDICTION OF THE CIRCUIT COURT TO THE PROVISIONS OF SECTION 62-5-433; AND TO REPEAL SECTION 62-3-1202, RELATING TO THE EFFECT OF AFFIDAVITS WITH RESPECT TO PERSONAL PROPERTY.
The following Bill was taken up.
S. 1519 -- Judiciary Committee: A BILL TO AMEND SECTIONS 33-14-200, 33-14-210, 33-14-220, AND 33-14-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE DISSOLUTION OF CORPORATIONS UNDER THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988, SO AS TO FURTHER PROVIDE FOR THIS ADMINISTRATIVE DISSOLUTION; TO AMEND SECTIONS 33-15-300, 33-15-310, AND 33-15-320, RELATING TO REVOCATION OF A FOREIGN CORPORATION'S CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS, SO AS TO FURTHER PROVIDE FOR THIS REVOCATION; TO AMEND SECTION 33-1-280, RELATING TO THE SECRETARY OF STATE FURNISHING CERTIFICATES OF EXISTENCE FOR CORPORATIONS, SO AS TO REVISE THE CONTENTS OF THE CERTIFICATE OF EXISTENCE AS IT RELATES TO A CORPORATION'S DISSOLUTION OR REVOCATION OF AUTHORITY TO DO BUSINESS; TO AMEND SECTION 12-7-1675, RELATING TO ADMINISTRATIVE DISSOLUTION OF A DOMESTIC CORPORATION OR REVOCATION OF THE CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO TRANSACT BUSINESS FOR FAILURE TO FILE CERTAIN TAX RETURNS, SO AS TO FURTHER PROVIDE FOR THIS DISSOLUTION OR REVOCATION; AND TO REPEAL CHAPTER 29 OF TITLE 33, RELATING TO FEES AND TAXES PAYABLE BY CORPORATIONS.
The motion of Rep. CORNING to reconsider the vote whereby the Bill received a second reading was taken up.
Rep. LEWIS demanded the yeas and nays, which were not ordered.
The motion to reconsider was agreed to by a division vote of 62 to 18.
Rep. T.M. BURRISS moved to table the Bill.
Rep. LEWIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Burriss, T.M. Corning Gilbert Humphries Klapman
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, R. Burch Chamblee Clyborne Cole Cooper Dangerfield Davenport Day Derrick Edwards Faber Felder Foster Gentry Gregory Harris, J. Harris, P. Haskins Hayes Helmly Hendricks Hodges Huff Johnson, J.C. Jones Kay Keyserling Kirsh Koon Lanford Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McEachin McElveen McGinnis McKay McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Short Simpson Snow Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams
So, the House refused to table the Bill.
Rep. LEWIS proposed the following Amendment No. 331 (Doc. No. 4496J), which was ruled out of order.
Amend the bill, as and if amended, by adding before Section 10 an appropriately numbered section to read:
/SECTION ____. Chapter 14, Title 33 of the 1976 Code is amended by adding:
Section 33-14-510. A cooperative which has not commenced business may dissolve voluntarily by delivering to the Secretary of State articles of dissolution, executed and acknowledged on behalf of the cooperative by a majority of the incorporators, which shall state:
(1) The name of the cooperative;
(2) The address of its principal office;
(3) The date of its incorporation;
(4) That the cooperative has not commenced business;
(5) That the amount, if any, actually paid in on account of membership fees, less any part thereof disbursed for necessary expenses, has been returned to those entitled thereto and that all easements have been released to the grantors;
(6) That no debt of the cooperative remains unpaid; and
(7) That a majority of the incorporators elect that the cooperative be dissolved.
Such articles of dissolution shall be submitted to the Secretary of State for filing as provided in Chapter 49 of this title.
Section 33-14-520. A cooperative which has commenced business may dissolve voluntarily and wind up its affairs in the manner provided in this article.
Section 33-14-530. The majority of the members of the board of trustees shall recommend first that the cooperative be dissolved voluntarily and the proposition that the cooperative be dissolved must be submitted to the members of the cooperative at any annual or special meeting, the notice of which must set forth the proposition. At the meeting the proposed voluntary dissolution is approved upon the affirmative vote of a majority of the members of the cooperative.
Upon the question of the voluntary dissolution of an electric cooperative each member of an electric cooperative is entitled to vote. Voting must be in person but if the bylaws so provide also may be by proxy. No voting by mail is allowed on the question of dissolution or on any matter related thereto, except a member whose principal residence is outside a county in which the cooperative does business may vote by mail on the proposal for voluntary dissolution. If the bylaws provide for voting by proxy on the proposition of the voluntary dissolution they also must prescribe the conditions under which the proxy voting may be exercised. No person may vote as proxy for more than three members on the question of dissolution or on any question related thereto.
Section 33-14-540. Upon such approval a certificate of election to dissolve, in this article designated the "certificate," shall be executed and acknowledged on behalf of the cooperative by its president or vice-president and its corporate seal shall be affixed thereto and attested by its secretary. The certificate shall state: (1) the name of the cooperative; (2) the address of its principal office; (3) the names and addresses of its trustees; and (4) the total number of members of the cooperative and the number of members who voted for and against the voluntary dissolution of the cooperative.
The president or vice-president executing the certificate also shall make and annex thereto an affidavit stating that the provisions of Section 33-14-530 have been duly complied with.
Section 33-14-550. Such certificate and affidavit shall be submitted to the Secretary of State for filing as provided in Chapter 49 of this title and thereupon the cooperative shall cease to carry on its business except in so far as may be necessary for the winding up thereof, but its corporate existence shall continue until articles of dissolution have been filed by the Secretary of State.
Section 33-14-560. After the filing of the certificate and affidavit by the Secretary of State the board of trustees shall immediately cause notice of the winding up proceedings to be mailed to each known creditor and claimant and to be published once a week for two successive weeks in a newspaper of general circulation in the county in which the principal office of the cooperative is located.
Section 33-14-570. The board of trustees shall have full power to wind up and settle the affairs of the cooperative and shall proceed to collect the debts owing to the cooperative, convey and dispose of its property and assets, pay, satisfy and discharge its debts, obligations and liabilities and do all other things required to liquidate its business and affairs and, after paying or adequately providing for the payment of all its debts, obligations and liabilities, shall distribute the remainder of its property and assets among its members in proportion to the aggregate patronage of each such member during the seven years next preceding the date of such filing of the certificate or, if the cooperative shall not have been in existence for such period, during the period of its existence.
Section 33-14-580. When all debts, liabilities and obligations of the cooperative have been paid and discharged or adequate provision shall have been made therefor and all the remaining property and assets of the cooperative shall have been distributed to the members pursuant to the provisions of Section 33-14-570, the board of trustees shall authorize the execution of articles of dissolution, which shall thereupon be executed and acknowledged on behalf of the cooperative by its president or vice-president and its corporate seal shall be affixed thereto and attested by its secretary. Such articles of dissolution shall recite in the caption that they are executed pursuant to Chapter 49 of this title and shall state:
(1) The name of the cooperative;
(2) The address of the principal office of the cooperative;
(3) That the cooperative has theretofore delivered to the Secretary of State a certificate of election to dissolve and the date on which the certificate was filed by the Secretary of State in the records of his office;
(4) That all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made therefor;
(5) That all the remaining property and assets of the cooperative have been distributed among the members in accordance with the provisions of Section 33-14-570; and
(6) That there are no actions or suits pending against the cooperative.
The president or vice-president executing the articles of dissolution shall also make and annex thereto an affidavit stating that the provisions of this article have been duly complied with. Such articles of dissolution and affidavit accompanied by proof of the publication required in Section 33-14-560 shall be submitted to the Secretary of State for filing as provided in Chapter 49 of this title.
Section 33-14-590. As used in this article, cooperative means rural electric cooperative as organized under Chapter 49 of this title."/
Amend further by striking Section 10 and inserting:
/SECTION 10. Chapter 29 of Title 33 and Article 11, Chapter 49, of Title 33 of the 1976 Code are repealed./
Renumber sections to conform.
Amend title to conform.
Rep. LEWIS explained the amendment.
Rep. T.M. BURRISS raised the Point of Order that Amendment No. 331 was out of order as it was not germane to the Bill on the basis of a previous Point of Order and Speaker's ruling the day before. He further stated that by not amending the proper and germane sections of the Code, it would create unnecessary inconsistency in the Code.
Rep. LEWIS argued that the Bill, in all of the sections, had provisions that apply to electric cooperatives, so the fact that a provision is taken out of the front part of the Bill and moved to a special section, was not unusual.
The SPEAKER stated that the germaneness of the amendment to S.1519 was the question, not the Business Corporations Act.
Rep. LEWIS stated that S. 1519 addressed a provision in the Business Corporations Act, about administrative dissolution. He further stated that the amendment addressed dissolutions within that same section.
The SPEAKER questioned the member as to whether or not the amendment addressed administrative dissolutions or did it still only address voluntary dissolutions.
Rep. LEWIS stated that the amendment before the House at this time only addressed voluntary dissolution.
The SPEAKER stated that the amendment did not contain any of the provisions contained in S.1519. He further stated that the amendment did not amend or change one of the sections, or add a new subsection, but it repealed Chapter 49 of Title 33 of the Code dealing with electric cooperatives, then transposed that chapter into Title 33, Chapter 14. He also said that the items and the subject matter dealt with in the amendment did not address any of the subject matter found in S. 1519.
Rep. L. MARTIN stated that the amendment before the House did not contain any discussion about proxy or trustee removal, but dealt only with dissolution.
The SPEAKER proceeded to read his comments from the Point of Order and ruling of May 31. He further stated that if he accepted the amendment before the House, then he would be, in effect, reversing the ruling from May 31 because Parts I and II had been eliminated. He also stated that if the amendment before the House today was any more germane that it was yesterday, then it would have to be germane in relating to dissolution of corporations. He said that the amendment yesterday dealt with voluntary dissolution of corporations and still didn't meet the germaneness test.
Rep. LEWIS further stated his amendment related to dissolution.
The SPEAKER then referred back to the comments from the May 31 Point of Order stating that the amendment had to be in Section 3, which dealt with voluntary dissolution, to be germane, and as he was unable yesterday to rule that Section 3 was germane.
Rep. LEWIS stated that the title which deals with corporations is adequate to provide germaneness. He further stated that the chapter even further defined the concept of germaneness and that any bill would have to have any number of different items under a chapter that relates to dissolution, specifically.
Rep. T.M. BURRISS further stated that dissolution was not germane yesterday and it was not germane today.
The SPEAKER stated that the amendment was not germane, therefore, he sustained the Point of Order and ruled the amendment out of order.
Rep. T.M. BURRISS asked unanimous consent to pass over all amendments until Amendment No. 616 is reached.
Rep. LEWIS objected.
Rep. WASHINGTON moved that the House recede for 3 minutes, which was adopted.
At 3:34 P.M. the House resumed, the SPEAKER in the Chair.
Rep. T.M. BURRISS asked unanimous consent to pass over all amendments until consideration of Amendment No. 616, which was agreed to.
Rep. LEWIS proposed the following amendment No. 616 (Doc. No. 4513J), which was adopted.
Amend the bill, as and if amended, by striking Section 33-14-200, as contained in SECTION 2, and inserting:
/Section 33-14-200. Grounds for administrative dissolution.
(a) The Secretary of State may shall commence a proceeding under Section 33-14-210(a) to dissolve a profit or nonprofit corporation administratively if:
(1) the corporation does not pay when they are due any franchise taxes, taxes, or license fees payable under Chapter Chapters 7 and 19 of Title 12, or penalties imposed by law;
(2) the corporation does not deliver its annual report to the Tax Commission when it is due;
(3) the corporation is without a registered agent or registered office in this State;
(4) the corporation does not notify the Secretary of State that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued; or
(5) the corporation's period of duration stated in its articles of incorporation expires.
(b) The Secretary of State shall dissolve a corporation under Section 33-14-210(c) if he is notified by the Tax Commission that the corporation has failed to file a required tax return within sixty days of the notice required by Section 12-7-1675./
Amend further, as and if amended, by adding before Section 10 an appropriately numbered section to read:
/SECTION _____. Chapter 14, Title 33 of the 1976 Code is amended by adding:
Section 33-14-510. A cooperative which has not commenced business may dissolve voluntarily by delivering to the Secretary of State articles of dissolution, executed and acknowledged on behalf of the cooperative by a majority of the incorporators, which shall state:
(1) The name of the cooperative;
(2) The address of its principal office;
(3) The date of its incorporation;
(4) That the cooperative has not commenced business;
(5) That the amount, if any, actually paid in on account of membership fees, less any part thereof disbursed for necessary expenses, has been returned to those entitled thereto and that all easements have been released to the grantors;
(6) That no debt of the cooperative remains unpaid; and
(7) That a majority of the incorporators elect that the cooperative be dissolved.
Such articles of dissolution shall be submitted to the Secretary of State for filing as provided in Chapter 49 of this title.
Section 33-14-520. A cooperative which has commenced business may dissolve voluntarily and wind up its affairs in the manner provided in this article.
Section 33-14-530. The majority of the members of the board of trustees shall recommend first that the cooperative be dissolved voluntarily and the proposition that the cooperative be dissolved must be submitted to the members of the cooperative at any annual or special meeting, the notice of which must set forth the proposition. At the meeting the proposed voluntary dissolution is approved upon the affirmative vote of a majority of the members of the cooperative.
Upon the question of the voluntary dissolution of an electric cooperative each member of an electric cooperative is entitled to vote. Voting must be in person but if the bylaws so provide also may be by proxy. No voting by mail is allowed on the question of dissolution or on any matter related thereto, except a member whose principal residence is outside a county in which the cooperative does business may vote by mail on the proposal for voluntary dissolution. If the bylaws provide for voting by proxy on the proposition of the voluntary dissolution they also must prescribe the conditions under which the proxy voting may be exercised. No person may vote as proxy for more than three members on the question of dissolution or on any question related thereto.
Section 33-14-540. Upon such approval a certificate of election to dissolve, in this article designated the "certificate," shall be executed and acknowledged on behalf of the cooperative by its president or vice-president and its corporate seal shall be affixed thereto and attested by its secretary. The certificate shall state: (1) the name of the cooperative; (2) the address of its principal office; (3) the names and addresses of its trustees; and (4) the total number of members of the cooperative and the number of members who voted for and against the voluntary dissolution of the cooperative.
The president or vice-president executing the certificate also shall make and annex thereto an affidavit stating that the provisions of Section 33-14-530 have been duly complied with.
Section 33-14-550. Such certificate and affidavit shall be submitted to the Secretary of State for filing as provided in Chapter 49 of this title and thereupon the cooperative shall cease to carry on its business except in so far as may be necessary for the winding up thereof, but its corporate existence shall continue until articles of dissolution have been filed by the Secretary of State.
Section 33-14-560. After the filing of the certificate and affidavit by the Secretary of State the board of trustees shall immediately cause notice of the winding up proceedings to be mailed to each known creditor and claimant and to be published once a week for two successive weeks in a newspaper of general circulation in the county in which the principal office of the cooperative is located.
Section 33-14-570. The board of trustees shall have full power to wind up and settle the affairs of the cooperative and shall proceed to collect the debts owing to the cooperative, convey and dispose of its property and assets, pay, satisfy and discharge its debts, obligations and liabilities and do all other things required to liquidate its business and affairs and, after paying or adequately providing for the payment of all its debts, obligations and liabilities, shall distribute the remainder of its property and assets among its members in proportion to the aggregate patronage of each such member during the seven years next preceding the date of such filing of the certificate or, if the cooperative shall not have been in existence for such period, during the period of its existence.
Section 33-14-580. When all debts, liabilities and obligations of the cooperative have been paid and discharged or adequate provision shall have been made therefor and all the remaining property and assets of the cooperative shall have been distributed to the members pursuant to the provisions of Section 33-14-570, the board of trustees shall authorize the execution of articles of dissolution, which shall thereupon be executed and acknowledged on behalf of the cooperative by its president or vice-president and its corporate seal shall be affixed thereto and attested by its secretary. Such articles of dissolution shall recite in the caption that they are executed pursuant to Chapter 49 of this title and shall state:
(1) The name of the cooperative;
(2) The address of the principal office of the cooperative;
(3) That the cooperative has theretofore delivered to the Secretary of State a certificate of election to dissolve and the date on which the certificate was filed by the Secretary of State in the records of his office;
(4) That all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made therefor;
(5) That all the remaining property and assets of the cooperative have been distributed among the members in accordance with the provisions of Section 33-14-570; and
(6) That there are no actions or suits pending against the cooperative.
The president or vice-president executing the articles of dissolution shall also make and annex thereto an affidavit stating that the provisions of this article have been duly complied with. Such articles of dissolution and affidavit accompanied by proof of the publication required in Section 33-14-560 shall be submitted to the Secretary of State for filing as provided in Chapter 49 of this title.
Section 33-14-590. As used in this article, cooperative means rural electric cooperative as organized under Chapter 49 of this title."/
Amend further by striking Section 10 and inserting:
/SECTION 10. Chapter 29 of Title 33 and Article 11, Chapter 49, of Title 33 of the 1976 Code are repealed./
Renumber sections to conform.
Amend title to conform.
Rep. LEWIS explained the amendment.
Rep. T.M. BURRISS raised the Point of Order that Amendment No. 616 was out of order as it was not germane to the Bill on the basis of the previous point dealing with germaneness.
The SPEAKER stated as Rep. Lewis had amended a section, and then rewritten it, and offered an amendment to the Bill, which is germane, then he was free to add anything in the amendment under the ruling. He further stated that the member had amended a portion of the Bill and made it germane. He then overruled the Point of Order.
Rep. T.M. BURRISS moved to divide the question.
Rep. L. MARTIN moved to table the motion.
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. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, R. Burch Burriss, M.D. Chamblee Clyborne Cole Cooper Cork Corning Davenport Day Derrick Edwards Elliott Faber Felder Ferguson Gentry Gregory Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lanford Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Shelton Short Simpson Snow Stoddard Sturkie Thrailkill Townsend Tucker Waldrop Washington Wells White Wilder Williams Winstead
Those who voted in the negative are:
Aydlette Burriss, T.M. Foxworth Gilbert Haskins Hearn Klapman McCain McElveenTaylor
So, the motion to divide the question was tabled.
Rep. WASHINGTON moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. CORNING raised the Point of Order that it was not proper to invoke Rule 3.9 as a quorum of the House was present.
The SPEAKER overruled the Point of Order.
Rep. AYDLETTE moved to rescind Rule 3.9, which was rejected by a division vote of 46 to 57.
Rep. T.M. BURRISS moved that the House do now adjourn, which was rejected by a division vote of 12 to 86.
The question then recurred to the adoption of Amendment No. 616.
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, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Boan Brown, G. Brown, H. Brown, R. Burch Burriss, M.D. Chamblee Clyborne Cole Cooper Cork Davenport Day Derrick Edwards Elliott Felder Ferguson Foster Gentry Gregory Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Sturkie Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Williams Winstead
Those who voted in the negative are:
Aydlette Burriss, T.M. Corning Dangerfield Foxworth Haskins Hearn Klapman McCain Taylor
So, the amendment was adopted.
Reps. HEARN and T.M. BURRISS proposed the following Amendment No. 617 (Doc. No. 4515J).
Amend the amendment of Representative Lewis dated June 1, 1988, (Document No. 4496J) which is designated as Amendment No. 331 by striking the second, third, and fourth sentences of the second paragraph of Section 33-14-530 and inserting:
/Voting must be in person, by proxy, or by mail, and nothing in the bylaws may restrict voting by proxy or by mail./
Amend title to conform.
Rep. LEWIS raised the Point of Order that Amendment No. 617 was out of order as it referenced to a previous amendment that was ruled out of order.
The SPEAKER stated that the amendment amended a specific Code section and he overruled the Point of Order.
Rep. HEARN explained the amendment.
Rep. J. ROGERS raised the Point of Order that Amendment No. 617 was out of order as it violated Rule 5.2.
The SPEAKER stated that Rule 5.2 deals with bills and resolutions, not amendments, and he overruled the Point of Order.
Rep. HEARN continued speaking.
Rep. T.M. BURRISS spoke in favor of the amendment.
Further proceedings were interrupted by a Conference Report, the pending question being consideration of Amendment No. 617, Rep. T.M. BURRISS having the floor.
Rep. STURKIE moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3713 -- Reps. Pearce, Sheheen, J. Rogers, White, McLellan, L. Phillips, Foxworth, Wells, Sharpe, Bennett, Sturkie, K. Bailey, Mappus and Gilbert: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A PERMIT.
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, G. Bailey, K. Baker Barfield Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Day Derrick Edwards Faber Felder Ferguson Foster Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Hayes Hearn Helmly Hendricks Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lanford Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, O. Rhoad Rice Rogers, J. Rudnick Sharpe Sheheen Short Simpson Snow Stoddard Sturkie Thrailkill Townsend Tucker Waldrop Washington Wells White Wilder Wilkins Williams
Those who voted in the negative are:
Aydlette Baxley Davenport Haskins Kohn Pettigrew Winstead
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. PEARCE, STURKIE and McEACHIN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., June 1, 1988
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3713 -- Reps. Pearce, Sheheen, J. Rogers, White, McLellan, L. Phillips, Foxworth, Wells, Sharpe, Bennett, Sturkie, K. Bailey, Mappus and Gilbert: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A PERMIT.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill pass with the following amendments:
Amend the bill, as and if amended, Section 48-39-280(E), as contained in SECTION 3, by striking subsection (E) beginning on line 43 of page 8 and inserting:
/(E) Any coastal riparian landowner adversely affected who feels that the setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three. Any of the requests must be forwarded to the appropriate committee of the Council and thereafter handled in accordance with the Council's regulations on appeals./
Amend further, Section 48-39-290(B) by inserting after /owner/ on line 32 of page 9 /after notification of the Council/.
Amend further, Section 48-39-290(B)(8), by striking beginning on line 23, page 10 /unless the size and configuration of the lot prohibits the reconstruction of the structure without rebuilding in this area/ and inserting:
/A person having a recorded interest or interest by operation of law in or registered claim to land within the area from the baseline to twenty feet landward of the baseline affected by this prohibition may petition the circuit court to determine whether the petitioner is the owner of the land in question, or has an interest in it, and in case he is adjudged the owner of the subject land, or has an interest in it, the court shall determine whether the rebuilding prohibition so restricts the use of his property as to deprive him of the practical uses of it, being not otherwise authorized by law, and is therefore an unreasonable exercise of the police power because the prohibition constitutes the equivalent of taking without compensation. The burden of proof is on the petitioner as to ownership and the burden of proof is on the State to prove that the prohibition is not an unreasonable exercise of the police power. The method provided in this subsection for the determination of the issue of whether the prohibition constitutes a taking without compensation is exclusive and the issue may not be determined in any other proceeding. The court shall enter a judgment in accordance with the issues. If the judgment is in favor of petitioner, the order shall require the State to either issue the necessary permits for reconstruction of the structure or, in the alternative, to provide reasonable compensation for the loss of use of the land. From a decision of the court either party may appeal as a matter of right./
Amend further, Section 48-39-290(C)(1), by striking on line 9 of page 11 /seawalls/ and inserting /erosion control devices/.
Amend further, Section 48-39-290(C)(2), by striking on lines 17 and 19 of page 11 /seawall/ and inserting /erosion control device/.
Amend further, Section 48-39-290(C) by adding on line 10 of page 12 after /unless/ /a registered structural engineer certifies to the Council that/.
Amend further, Section 48-39-290(C), by striking the sentence which begins on line 17 of page 12 and inserting:
/A local governing body may, if it notifies the Council before July 1, 1988, exempt from the provisions of this subsection the shoreline fronting the Atlantic Ocean under its jurisdiction where coastal erosion has been shown to be attributed to a federally authorized navigation proJect as documented by the findings of a Section 111 Study conducted under the authority of the Rivers and Harbors Act of 1968, as amended by the Water Resources Development Act of 1986, and approved by the United States Army Corps of Engineers. Should the local governing body exempt its shoreline pursuant to this section, the area of shoreline so exempted shall not be eligible for any state funds provided for the purposes of beach renourishment./
Amend further, Section 48-39-300(2), by adding on line 3 of page 14 before /by/ /in writing/.
Amend further, page 13, Section 48-39-300, by striking beginning on line 17 after /upon/ the rest of line 17 and all of the sentence beginning on line 18 and inserting /certification being given to the council that the habitable structure shall be no larger than five thousand square feet inclusive of porches, decks, patios, and garages and shall be located as far landward on the property as practicable./
Amend further, Section 48-39-300, page 14, by adding on line 23:
/Nothing herein prohibits the construction of fishing piers or structures, which enhance beach access, seaward of the baseline if permitted by the Council./
Amend further, Section 48-39-130(D), by striking beginning on line 34, page 18, item (6) in its entirety and inserting:
/(6) Emergency repairs to any existing bank, dike, or fishing pier which has been erected in accordance with federal and state laws or provided for by general law or acts passed by the General Assembly of South Carolina, if notice is given in writing to the Council within seventy-two hours from the onset of the needed repairs./
Amend totals and title to conform.
Renumber/reletter to conform.
Make all necessary technical corrections.
/s/William W. Doar, Jr. /s/H.E. Pearce, Jr. /s/John C. Hayes, III /s/C. Lenoir Sturkie /s/J.M. Long, Jr. /s/D. Malloy McEachin, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. GREGORY moved to rescind Rule 3.9, which was agreed to.
Rep. BEASLEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3983 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 104 TO TITLE 59 SO AS TO PROVIDE INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE BY DETAILING THE GOALS OF THE COMMISSION ON HIGHER EDUCATION RELATING TO EXCELLENCE FOR STUDENTS, INSTRUCTION AND EDUCATIONAL SERVICES, RESEARCH FOR ECONOMIC DEVELOPMENT, AND IMPROVING ACCOUNTABILITY THROUGH PLANNING AND ASSESSMENT AND BY ADDING SECTION 59-112-65 SO AS TO PROVIDE FOR THE PAYMENT BY OUT-OF-STATE UNDERGRADUATE STUDENTS AT STATE SUPPORTED COLLEGES AND UNIVERSITIES OF THE EDUCATIONAL AND GENERAL OPERATIONS OF THE INSTITUTION IN WHICH THEY ARE ENROLLED; TO AMEND SECTION 59-103-10, RELATING TO THE MEMBERSHIP OF THE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE BASED UPON THE RECOMMENDATION OF THE MAJORITY OF THE LEGISLATIVE DELEGATION MEMBERS FROM THE DISTRICT, PROVIDE THAT SIX MEMBERS MUST BE APPOINTED FROM THE STATE AT LARGE WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE FOR THE DETERMINATION OF WHEN A MEMBER HAS SERVED THE MAXIMUM NUMBER OF TERMS, REQUIRE MEMBERS RECOMMENDED BY THE GENERAL ASSEMBLY TO BE RESIDENTS OF THE APPROPRIATE CONGRESSIONAL DISTRICT, AND DELETE PROVISIONS RELATING TO REPRESENTATION ON THE COMMISSION AND NOTIFICATION OF MEETINGS; SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGETS TO THE COMMISSION BY PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REQUIRE THE BUDGETS TO INCLUDE FUNDS DERIVED FROM APPROVED PRIVATE PRACTICE PLANS, PROVIDE FOR PROGRAMS AT A TECHNICAL AND COMPREHENSIVE EDUCATION INSTITUTION NOT TO BE TERMINATED PURSUANT TO THE COMMISSION'S RECOMMENDATION WHICH IS THE SUBJECT OF AN APPEAL, AND DELETE THE PROVISIONS DETAILING TIME LIMITS ON FEDERAL GRANT REVIEW AND BUDGET REVIEW FORMAT REQUIREMENTS AND THE PROVISIONS REQUIRING GENERAL ASSEMBLY APPROVAL OF A NEW PROGRAM, LIMITING THE APPLICATION OF THE CHAPTER, AND LIMITING THE TERMINATION OF EXISTING PROGRAMS; AND SECTION 59-113-10, RELATING TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE, SO AS TO CHANGE THE REFERENCE TO COMMITTEE TO COMMISSION, PROVIDE FOR THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION ON HIGHER EDUCATION OR HIS DESIGNEE TO SERVE ON THIS COMMISSION, PROVIDE FOR THIS COMMISSION TO BE RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND REPORT AT LEAST ANNUALLY TO THAT BODY, AND DELETE THE PROVISIONS FOR THE INITIAL COMMITTEE MEMBERS; TO REPEAL SECTION 59-112-70, RELATING TO ABATEMENT OF RATES FOR NONRESIDENTS ON SCHOLARSHIP; TO PROVIDE FOR THE CONTINUED SERVICE OF THE PRESENT COMMISSION MEMBERS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE IN THE CODE TO THE HIGHER EDUCATION TUITION GRANT COMMISSION.
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, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cole Cooper Cork Corning Dangerfield Day Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Huff Humphries Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Lanford Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Sheheen Short Simpson Snow Thrailkill Townsend Tucker Waldrop Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Aydlette
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. BEASLEY, L. PHILLIPS and McGINNIS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., May 31, 1988
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3983 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 104 TO TITLE 59 SO AS TO PROVIDE INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE BY DETAILING THE GOALS OF THE COMMISSION ON HIGHER EDUCATION RELATING TO EXCELLENCE FOR STUDENTS, INSTRUCTION AND EDUCATIONAL SERVICES, RESEARCH FOR ECONOMIC DEVELOPMENT, AND IMPROVING ACCOUNTABILITY THROUGH PLANNING AND ASSESSMENT AND BY ADDING SECTION 59-112-65 SO AS TO PROVIDE FOR THE PAYMENT BY OUT-OF-STATE UNDERGRADUATE STUDENTS AT STATE SUPPORTED COLLEGES AND UNIVERSITIES OF THE EDUCATIONAL AND GENERAL OPERATIONS OF THE INSTITUTION IN WHICH THEY ARE ENROLLED; TO AMEND SECTION 59-103-10, RELATING TO THE MEMBERSHIP OF THE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE BASED UPON THE RECOMMENDATION OF THE MAJORITY OF THE LEGISLATIVE DELEGATION MEMBERS FROM THE DISTRICT, PROVIDE THAT SIX MEMBERS MUST BE APPOINTED FROM THE STATE AT LARGE WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE FOR THE DETERMINATION OF WHEN A MEMBER HAS SERVED THE MAXIMUM NUMBER OF TERMS, REQUIRE MEMBERS RECOMMENDED BY THE GENERAL ASSEMBLY TO BE RESIDENTS OF THE APPROPRIATE CONGRESSIONAL DISTRICT, AND DELETE PROVISIONS RELATING TO REPRESENTATION ON THE COMMISSION AND NOTIFICATION OF MEETINGS; SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGETS TO THE COMMISSION BY PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REQUIRE THE BUDGETS TO INCLUDE FUNDS DERIVED FROM APPROVED PRIVATE PRACTICE PLANS, PROVIDE FOR PROGRAMS AT A TECHNICAL AND COMPREHENSIVE EDUCATION INSTITUTION NOT TO BE TERMINATED PURSUANT TO THE COMMISSION'S RECOMMENDATION WHICH IS THE SUBJECT OF AN APPEAL, AND DELETE THE PROVISIONS DETAILING TIME LIMITS ON FEDERAL GRANT REVIEW AND BUDGET REVIEW FORMAT REQUIREMENTS AND THE PROVISIONS REQUIRING GENERAL ASSEMBLY APPROVAL OF A NEW PROGRAM, LIMITING THE APPLICATION OF THE CHAPTER, AND LIMITING THE TERMINATION OF EXISTING PROGRAMS; AND SECTION 59-113-10, RELATING TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE, SO AS TO CHANGE THE REFERENCE TO COMMITTEE TO COMMISSION, PROVIDE FOR THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION ON HIGHER EDUCATION OR HIS DESIGNEE TO SERVE ON THIS COMMISSION, PROVIDE FOR THIS COMMISSION TO BE RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND REPORT AT LEAST ANNUALLY TO THAT BODY, AND DELETE THE PROVISIONS FOR THE INITIAL COMMITTEE MEMBERS; TO REPEAL SECTION 59-112-70, RELATING TO ABATEMENT OF RATES FOR NONRESIDENTS ON SCHOLARSHIP; TO PROVIDE FOR THE CONTINUED SERVICE OF THE PRESENT COMMISSION MEMBERS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE IN THE CODE TO THE HIGHER EDUCATION TUITION GRANT COMMISSION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill pass amended as follows:
by striking after all the enacting words and inserting:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-104-10. (A) In consultation and coordination with the public institutions of higher learning in this State, the State Commission on Higher Education shall ensure that minimal admissions standards are maintained by the institutions.
The commission, with the institutions, shall monitor the effect of compliance with admissions prerequisites that are effective in fall, 1988.
(B) The boards of trustees of each public institution of higher learning, excluding the State Board for Technical and Comprehensive Education, shall adopt admission policies reflecting the desired mix of in-state and out-of-state enrollment appropriate for each institution. Changes in the policies affecting the mix of in-state and out-of-state enrollment must be approved by the board of trustees of the affected institution. The boards shall submit the policies to the commission by July 1, 1989, and any subsequent changes to the policies must be submitted to the commission. For purposes of this section enrollment. must be calculated on a full-time equivalency basis with the equivalent of one full-time student being a student enrolled for thirty credit hours in an academic year. Out-of-state students means students who are not eligible for in-state rates for tuition and fees under Chapter 112 of Title 59.
Section 59-104-20. The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's postsecondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount designated by the Commission on Higher Education, half to be provided by the postsecondary institution at which he is enrolled. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program.
Section 59-104-30. Each public institution of higher learning in this State shall develop a plan for developmental education in accord with provisions, procedures, and requirements developed by the Commission on Higher Education. The commission shall conduct a study as well as evaluations and reviews of developmental education in this State. The commission shall develop appropriate methods of funding developmental education programs and courses.
Section 59-104-40. (A) The technical education system in this State shall convert from the quarter calendar to the semester calendar, if funds are appropriated for this purpose. The Commission on Higher Education shall request state appropriations for the conversion to be funded and completed over a two-year period.
(B) The State Board for Technical and Comprehensive Education, in consultation with the commission, shall limit the offering of courses designed for college transfer in those technical colleges that do not have approved college transfer programs. The offering of 'college parallel' general education courses in institutions not authorized to award the associate in arts or associate in science degree is limited to those necessary to support approved nontransfer programs. The commission, after consultation with the State Board for Technical and Comprehensive Education and with public senior colleges and universities, shall establish rules and procedures by which this limitation must be regulated. The commission shall continue to work with all of the institutions to improve articulation concerning courses acceptable for transfer.
Section 59-104-210. A competitive grants program is established to improve undergraduate education in South Carolina. The State Commission on Higher Education shall administer the program, promulgate appropriate regulations, and request annual state appropriations for this purpose. All public and private nonproprietary postsecondary institutions accredited by the Commission on Colleges of the Southern Association of Colleges and Schools are eligible to participate in this program.
Section 59-104-220. The Governor's Professor of the Year Award is established as follows:
(1) Each public or private institution of higher learning in this State is eligible to nominate one faculty member for this award who has demonstrated exceptional teaching performance.
(2) The Governor's office in conjunction with the Commission on Higher Education shall establish a committee to choose the Professor of the Year. The committee must consist of representatives of the Governor's office, the commission, and appropriate civic, business, government, and academic organizations.
(3) The award must include a citation and a payment of five thousand dollars. The Governor's office shall host an appropriate ceremony at which the award must be presented.
(4) The commission shall request annual state appropriations for the award.
Section 59-104-230. The Commission on Higher Education shall request state funds and establish procedures to implement a program of endowed professorships at senior public institutions of higher learning to enable the institutions to attract or retain productive faculty scholars who are making or show promise of making substantial contributions to the intellectual life of the State.
Each professorship must be supported by the income from an endowment fund created especially for that purpose. Half of the corpus of each fund must be provided by the commission through this program, and half must be provided by the institution from private funds specifically donated for this purpose.
The State Treasurer shall establish a separate fund consisting of any funds appropriated for all endowed professorships plus accrued interest received. Any amount remaining in the established fund at the end of any fiscal year must be carried forward to the next fiscal year to be used for endowed professorships. Funds in the specified amounts to support each endowment may be transferred by the commission to each eligible institution.
Section 59-104-240. (A) The Commission on Higher Education shall request state funds by 1990 to implement a program to endow salary enhancements for outstanding faculty in technical colleges and two-year campuses of the University of South Carolina. The purpose of the program is to enable the state's two-year college systems to retain and reward outstanding instructional personnel.
(B) The commission, in collaboration with the State Board for Technical and Comprehensive Education and the University of South Carolina, shall establish procedures to implement the program. Each salary enhancement must be supported by an endowment fund created especially for that purpose. Half of the corpus of each fund must be provided by the commission through this program, and half must be provided by the institutions from private sources specifically donated for this purpose.
(C) The State Treasurer shall establish a separate fund consisting of any funds appropriated for all salary enhancements plus accrued interest received. Any amount remaining in the established fund at the end of any fiscal year must be carried forward to the next fiscal year to be used for salary enhancements. Funds in the specified amounts to support each salary enhancement may be transferred by the commission to each eligible institution.
Section 59-104-250. All libraries in the technical colleges in this State shall convert to a computer-based automated system that is compatible with existing state library systems and allows for appropriate networking with public colleges and universities if funds are appropriated for this purpose. The Commission on Higher Education shall request special appropriations to accomplish the conversion.
Section 59-104-260. The Commission on Higher Education shall encourage the development of joint programs that take advantage of the strengths of the public colleges and universities and discourage the development of independent competitive programs. The programs must be developed through planning and cooperation among the institutions in both academic and nonacademic areas.
Section 59-104-410. A Research Investment Fund is created to establish or expand research programs in public institutions of higher learning in this State which are related to the continued economic development of South Carolina. The fund must consist of appropriations to the State Commission on Higher Education which it allocates to the institutions for research. The funds must be apportioned among the three senior universities and the four-year colleges in a manner that takes into account the previous year's expenditures of externally generated funds for research by the institutions as reported to the commission. However, the commission may make exceptions to accommodate economic development opportunities in any area of the state.
Section 59-104-420. (A) The fund must be used for research which:
(1) has a direct, positive impact on economic development, education, health, or welfare in this State;
(2) has an existing base in faculty expertise, resources, and facilities;
(3) serves to improve the quality of undergraduate and graduate education for South Carolina citizens in accordance with the institutions' stated missions as given in the commission's master plan.
(B) The fund must not be used for capital construction projects.
Section 59-104-430. At the end of each fiscal year, comprehensive reports must be made to the Commission on Higher Education on the expenditures of funds and the results realized from the research programs. At the end of two fiscal years and each fiscal year after that, the commission shall reexamine the process of appropriating funds for research and the results obtained from the expenditures and recommend changes and alterations in the funding of research by the State if the changes are considered advisable by the commission.
Section 59-104-440. (A) With the exception of the University of South Carolina, Clemson University, and the Medical University of South Carolina, institutions seeking financial support from the fund for research projects shall submit proposals to the commission for its review and approval.
(B) The portion of the fund allocated to the three senior universities excepted in subsection (A) must be distributed in a manner that takes into account the previous year's expenditures of externally generated funds for research which each university reported to the commission.
(C) No funds allocated under the provisions of this chapter nor matching funds received pursuant to terms of this chapter may be used to increase an institution's future years formula funding as computed by the Commission on Higher Education.
Section 59-104-610. The State Commission on Higher Education shall maintain a statewide planning system to address strategic issues in public and private higher education. The system must focus upon the following goals to:
(1) identify future directions for higher education in South Carolina and recommend appropriate methods for meeting the resultant challenges;
(2) review major goals identified by the public and private institutions of higher learning in this State and ascertain their relationship to higher education in South Carolina;
(3) assure the maintenance and continued development of the quality of higher education in South Carolina;
(4) assure the maintenance and continued provision of access to and equality of educational opportunity in higher education in South Carolina.
Section 59-104-620. (A) The Commission on Higher Education shall establish an Advisory Council on Planning to assist the commission and the institutions of higher learning in maintaining planning as a high priority.
(B) The advisory council shall report to the executive committee of the commission, which shall serve as the standing committee on planning for the commission.
(C) The advisory council shall submit to the executive committee of the commission its advice, reports, and draft plans.
Section 59-104-630. The Commission on Higher Education shall ensure that each public institution of higher learning in this State maintains its individual planning process.
Section 59-104-640. (A) The chief executive officer of the Commission on Higher Education shall develop a prospectus for planning each year.
(B) In the initial year, the Advisory Council on Planning is responsible for developing a statewide planning document for submission to the commission.
(C) After the initial year and annually, the advisory council shall prepare revisions of the planning document for consideration by the commission. The revisions must conform to, but need not be limited to, the prospectus provided by the commission.
Section 59-104-650. (A) The goals for maintaining an effective system of quality assessment by institutions of higher learning in South Carolina are to:
(1) assure that a system for measuring institutional effectiveness is in effect on every public college and university campus in this State;
(2) provide a vehicle for disseminating the results of outcome measurements to the constituents within the State;
(3) provide data relative to the effectiveness of each institution that can be used to initiate curriculum, programmatic, or policy changes within the institution.
(B) The process by which these goals must be attained is as follows:
(1) Each institution of higher learning is responsible for maintaining a system to measure institutional effectiveness in accord with provisions, procedures, and requirements developed by the Commission on Higher Education. The system for measuring institutional effectiveness must include, but is not limited to, a description of criteria by which institutional effectiveness is being assessed.
(2) As a part of South Carolina's statewide planning process, each institution shall provide the commission with an annual report on the results of its institutional effectiveness program.
(3) The commission shall prepare a report that must include results of institutional effectiveness, including student assessment programs. Information from private colleges and universities must be included for those institutions that voluntarily provide the information to the commission.
Section 59-104-660. (A) All state-supported institutions of higher learning shall establish their own procedures and programs to measure student achievement. The procedures and programs must be submitted to the Commission on Higher Education as part of the plan for measuring institutional effectiveness and must:
(1) derive from institutional initiatives, recognizing the diversity of South Carolina public colleges and universities, the tradition of institutional autonomy, and the capacity of faculty and administrators to identify their own problems and solve them creatively;
(2) be consistent with each institution's mission and educational objectives;
(3) involve faculty in setting the standards of achievement, selecting the measurement instruments, and analyzing the results;
(4) follow student progress through the curriculum, as appropriate;
(5) include follow-up of graduates.
(B) As part of their annual report on institutional effectiveness, all state-supported colleges and universities shall describe their progress in developing assessment programs and submit information on student achievement to the commission."
SECTION 2. Section 59-103-10 of the 1976 Code is amended to read:
"Section 59-103-10. There is hereby created the State Commission on Higher Education to be composed of eighteen members, twelve to. Two members must be appointed by the Governor with the advice and consent of from each congressional district upon the recommendation of the majority of the legislative delegation members from the congressional district. Six members must be appointed by the Governor from the State at large with the advice and consent of the Senate. Members must be appointed for terms of four years and until their successors are appointed and qualify; of the twelve, two members shall be appointed from each congressional district. Six members shall be appointed by the Governor one from each congressional district, upon the recommendation of a majority of the legislative delegation members from the congressional district and such district members shall be appointed in a manner to assure that minority groups, especially women and black persons, are fairly represented among such appointees. Such appointments shall be for four years and until their successors are appointed and qualify. No one shall be appointed or nominated from a county which is represented by a member whose term has expired until and unless all other counties have been represented by a resident of each such county on the commission for a full term. In the event of a vacancy within any term, a member may be appointed from that county for the unexpired portion of such term only. Subsequent to such initial appointments, the terms of office on the Higher Education Commission shall be for four years.. No one shall be is eligible to serve on the Higher Education Commission commission for more than two consecutive terms. A term served by a member which is less than a full four-year term must not be counted in determining when a member has served the maximum number of terms. No member shall may be an employee or member of a governing body of a public or private institution of higher learning in this State. The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women and black persons blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private college or technical education center shall be college are dominant on the commission. Vacancies shall must be filled in the manner of the original appointment for the unexpired portion of the term. The chairman of the commission shall must be elected annually by the members of the commission and may not serve as chairman for more than four consecutive years. Approval of appointees and selection of members by the General Assembly shall be by resident members of each congressional delegation within the General Assembly. Members recommended by the General Assembly must be residents of the appropriate congressional district. If the boundaries of congressional districts are changed, members serving on the commission shall continue to serve until the expiration of their terms, but successors to members whose terms expire shall must be appointed or elected from the newly defined congressional district. If a congressional district is added, the commission shall must be enlarged to include representation from that district.
The commission shall notify each state-supported institution of higher learning and the State Board of Technical and Comprehensive Education of all meetings of the commission."
SECTION 3. The Section 59-103-35 of the 1976 Code is amended to read:
"Section 59-103-35. All public institutions of higher learning shall submit line-item budgets to the commission in the manner set forth in this section. The State Board for Technical and Comprehensive Education shall submit a single line-item budget to the commission representing the total request of all area-wide technical and comprehensive educational institutions. The budget submitted by each institution and the State Board for Technical and Comprehensive Education shall must include all state funds, federal grants, tuition, and fees other than funds derived wholly from athletic or other student contests, from the activities of student organizations, from approved private practice plans, and from the operation of canteens and bookstores which may be retained by the institutions and be used as determined by the respective governing boards, subject to annual audit by the State. Fees established by the respective governing boards for programs, activities, and projects not covered by appropriations or other revenues may be retained and used by each institution as previously determined by the respective governing boards, subject to annual audit by the State. Provided, however, that the commission shall have forty-five days in which to make a decision concerning federal grants. If the commission fails to act at the end of forty-five days, the institution may then proceed with the federally funded program. The commission shall in turn adopt or modify such budgets and submit them to the State Budget and Control Board and General Assembly or any committee thereof on behalf of all the institutions. The budgets shall be divided into three categories:
(1) Funds for the continuing operation of each public institution of high learning;
(2) Funds for salary increases for employees of such institutions exempt from the State Personnel Act;
(3) Funds requested itemized as to priority and covering such areas as new programs and activities, expansions of programs and activities, increases in enrollment, increases to accommodate internal shifts and categories of persons served, capital improvements, improvements in levels of operation and increases to decrease deficiencies and such other areas as the commission deems desirable.
Supplemental appropriations requests from any public institution of higher education must be submitted first to the commission. If the commission does not concur in such the requests the affected institution may request a hearing on such the requests before the appropriate committee of the General Assembly. The commission shall have the right to may appear at any such the hearing and present its own recommendations and findings to the same committee.
No new program shall may be undertaken by any public institution of higher education without the approval of the commission or the General Assembly. The provisions of this chapter shall apply to all college parallel, transferable, and associate degree programs of Technical technical and Comprehensive Education comprehensive education institutions and all. All other programs and offerings of such technical and comprehensive education institutions are excluded from this chapter.
Only the budgets for the college parallel, transferable and associate degree programs of Technical and Comprehensive Education institutions shall be included under the provisions of this chapter. The commission shall have has the authority to recommend the termination of an existing program at any institution within the purview of this chapter. An appeal from this recommendation must be made by the governing board of an affected institution within sixty days to the Senate Education Committee and the House Education and Public Works Committee which will shall hear the parties to the appeal. If the both committees refuse to concur in the recommendation for termination, the program will must not be terminated at a time to be determined by the commission pursuant to the recommendation of the commission which is the subject of this appeal. A decision shall must be reached by the committees within one hundred twenty days from the date of the filing of the appeal. No existing program may be terminated by the Higher Education Commission until the Master Plan has been approved by the General Assembly."
SECTION 4. Section 59-113-10 of the 1976 Code is amended to read:
"Section 59-113-10. There is hereby created a Higher Education Tuition Grant Committee Commission consisting of eight representatives of the independent institutions of higher learning in the State who choose to come under the provisions of this chapter. In addition, the membership of the Committee shall include commission includes one ex officio member to be named by the House Committee on Education and Public Works, and one ex officio member to be named by the Senate Committee on Education, and one ex officio member who must be the chief executive officer of the State Commission on Higher Education or his designee. The terms of the representatives of the institutions shall be are for three years and until their successors are selected and qualify., except of these first selected, three shall serve for one year, three shall serve for two years and three shall serve for three. It shall be determined by lot which members shall serve for one year, which shall serve for two years and which shall serve for three years. The membership of the Committee shall commission must be rotated among the participating institutions and it shall be determined by lot which institutions the initial members shall represent. The Commission commission shall administer the provisions of this chapter and shall make such rules and those regulations as may be necessary in order to carry out the intent of this chapter. The commission is responsible solely to the General Assembly and shall report to that body at least annually."
SECTION 5. (A) Members of the State Commission on Higher Education on the effective date of this act continue to serve until the expiration of their terms.
(B) Of the nine terms which expire in 1988:
(1) Four members must be appointed, one from the third, fourth, fifth, and sixth congressional districts, upon the recommendation of the majority of the legislative delegation members from the district, for terms of four years;
(2) Two members must be appointed, one from the first and second districts, upon the recommendation as provided in item (1), for terms of one year initially;
(3) Three members must be appointed from the State at large with the advice and consent of the Senate, for terms of one year initially.
(C) Of the five terms which expire in 1989;
(1) Two members must be appointed, one from the first and second districts, upon the recommendation as provided in item (1) of subsection (B), for terms of four years.
(2) Three members must be appointed from the State at large, with the advice and consent of the Senate, for terms of four years.
(D) Of the nine terms which expire in 1990;
(1) Four members must be appointed, one from the first, second, third, and fourth districts, upon the recommendation as provided in item (1) of subsection (B), for terms of four years.
(2) Two members must be appointed, one from the fifth and sixth districts, upon the recommendation as provided in item (1) of subsection (B), for terms of one year initially.
(3) Three members must be appointed from the State at large, with the advice and consent of the Senate, for terms of one year initially.
(E) Of the five terms which expire in 1991;
(1) Two members must be appointed, one from the fifth and sixth districts, upon the recommendation as provided in item (1) of subsection (B), for terms of four years.
(2) Three members must be appointed from the State at large, with the advice and consent of the Senate, for terms of four years.
(F) After the initial appointments provided for in this section, the terms of the members are four years, and their successors must be appointed as provided in this act.
SECTION 6. The South Carolina Code Commissioner is directed to change the references in the 1976 Code to the Higher Education Tuition Grant Committee to the Higher Education Tuition Grant Commission.
SECTION 7. The State Commission on Higher Education, in consultation with the public institutions of higher learning in this State, shall conduct a study of out-of-state and in-state student enrollments in South Carolina and neighboring states. The study must examine the appropriate level of charges for out-of-state undergraduate students in South Carolina's public colleges and universities and the impact of charges on student enrollment. The commission shall report the findings of the study to the General Assembly not later than January 1, 1989.
SECTION 8. This act takes effect upon approval by the Governor./
/s/T. Ed Garrison /s/Lewis Phillips /s/Nikki Setzler /s/David M. Beasley /s/John Courson /s/Alfred C. McGinnis, Sr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 1, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Doar, Long and Hayes of the Committee of Free Conference on the part of the Senate on H. 3713:
H. 3713 -- Reps. Pearce, Sheheen, J. Rogers, White, McLellan, L. Phillips, Foxworth, Wells, Sharpe, Bennett, Sturkie, K. Bailey, Mappus and Gilbert: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A PERMIT.
Very respectfully,
President
No. 27
Received as information.
The following was received.
Columbia, S.C., June 1, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3713:
H. 3713 -- Reps. Pearce, Sheheen, J. Rogers, White, McLellan, L. Phillips, Foxworth, Wells, Sharpe, Bennett, Sturkie, K. Bailey, Mappus and Gilbert: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A PERMIT.
Very respectfully,
President
No. 50
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
Columbia, S.C., June 1, 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 Free Conference on the part of the Senate on H. 3983:
H. 3983 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 104 TO TITLE 59 SO AS TO PROVIDE INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE BY DETAILING THE GOALS OF THE COMMISSION ON HIGHER EDUCATION RELATING TO EXCELLENCE FOR STUDENTS, INSTRUCTION AND EDUCATIONAL SERVICES, RESEARCH FOR ECONOMIC DEVELOPMENT, AND IMPROVING ACCOUNTABILITY THROUGH PLANNING AND ASSESSMENT AND BY ADDING SECTION 59-112-65 SO AS TO PROVIDE FOR THE PAYMENT BY OUT-OF-STATE UNDERGRADUATE STUDENTS AT STATE SUPPORTED COLLEGES AND UNIVERSITIES OF THE EDUCATIONAL AND GENERAL OPERATIONS OF THE INSTITUTION IN WHICH THEY ARE ENROLLED; TO AMEND SECTION 59-103-10, RELATING TO THE MEMBERSHIP OF THE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE BASED UPON THE RECOMMENDATION OF THE MAJORITY OF THE LEGISLATIVE DELEGATION MEMBERS FROM THE DISTRICT, PROVIDE THAT SIX MEMBERS MUST BE APPOINTED FROM THE STATE AT LARGE WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE FOR THE DETERMINATION OF WHEN A MEMBER HAS SERVED THE MAXIMUM NUMBER OF TERMS, REQUIRE MEMBERS RECOMMENDED BY THE GENERAL ASSEMBLY TO BE RESIDENTS OF THE APPROPRIATE CONGRESSIONAL DISTRICT, AND DELETE PROVISIONS RELATING TO REPRESENTATION ON THE COMMISSION AND NOTIFICATION OF MEETINGS; SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGETS TO THE COMMISSION BY PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REQUIRE THE BUDGETS TO INCLUDE FUNDS DERIVED FROM APPROVED PRIVATE PRACTICE PLANS, PROVIDE FOR PROGRAMS AT A TECHNICAL AND COMPREHENSIVE EDUCATION INSTITUTION NOT TO BE TERMINATED PURSUANT TO THE COMMISSION'S RECOMMENDATION WHICH IS THE SUBJECT OF AN APPEAL, AND DELETE THE PROVISIONS DETAILING TIME LIMITS ON FEDERAL GRANT REVIEW AND BUDGET REVIEW FORMAT REQUIREMENTS AND THE PROVISIONS REQUIRING GENERAL ASSEMBLY APPROVAL OF A NEW PROGRAM, LIMITING THE APPLICATION OF THE CHAPTER, AND LIMITING THE TERMINATION OF EXISTING PROGRAMS; AND SECTION 59-113-10, RELATING TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE, SO AS TO CHANGE THE REFERENCE TO COMMITTEE TO COMMISSION, PROVIDE FOR THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION ON HIGHER EDUCATION OR HIS DESIGNEE TO SERVE ON THIS COMMISSION, PROVIDE FOR THIS COMMISSION TO BE RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND REPORT AT LEAST ANNUALLY TO THAT BODY, AND DELETE THE PROVISIONS FOR THE INITIAL COMMITTEE MEMBERS; TO REPEAL SECTION 59-112-70, RELATING TO ABATEMENT OF RATES FOR NONRESIDENTS ON SCHOLARSHIP; TO PROVIDE FOR THE CONTINUED SERVICE OF THE PRESENT COMMISSION MEMBERS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE IN THE CODE TO THE HIGHER EDUCATION TUITION GRANT COMMISSION.
Very respectfully,
President
No. 26
Received as information.
The following was received.
The General Assembly, Columbia, S.C., June 1, 1988
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill do pass amended as follows: by striking all after the enacting words and inserting:
/SECTION 1. Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, is further amended by adding:
"1. State Law Enforcement Division
(a) Main Building Renovation &
HVAC Replacement $ 710,000
(b) Serology Lab Renovation &
HVAC Replacement 37,000
(c) Main Building Roof
Replacement 50,000
Total, State Law Enforcement
Division 797,000
2. Adjutant General's Office
Armory Construction: 251st Evac.
Hospital 625,000
Total, Adjutant General's Office 625,000 3. Election Commission
Voting Systems 2,000,000
Total, Election Commission 2,000,000
The State Election Commission is authorized to use the bond funds authorized in this act to pay not more than 70% of the total cost of either electronic or punch card voting systems as may be selected by participating counties.
4. Budget and Control Board
(a) Fire Academy Relocation,
A&E 350,000
(b) Asbestos Emergency
Abatement, Phase 2 5,000,000
(c) Contingency Revolving Fund 500,000
Total, Budget and Control Board 5,850,000
The asbestos abatement projects funded in this item must be funded on a schedule as dictated by the survey results indicating immediacy for removal.
5. The Citadel
(a) Bond Hall Renovation 6,186,000
(b) Central Energy Facility
Renovate/Expand 1,500,000
Total, The Citadel 7,686,000
6. Clemson University (E&G)
(a) Engineering Innovation
Center, A&E 750,000
(b) Brackett Hall Renovation 5,125,000
Total, Clemson University (E&G) 5,875,000
7. College of Charleston
(a) Central Energy Facility
Expansion 1,500,000
(b) Sottile Theatre Renovations 1,000,000
(c) Central Computer Equipment 1,500,000
Total, College of Charleston 4,000,000
8. Francis Marion College
(a) Stokes Administration
Building Expansion 1,920,000
(b) McNair Science Building
Expansion, A&E 550,000
Total, Francis Marion College 2,470,000
9. Lander College
(a) Old Main Renovation, A&E 436,000
(b) Henrietta Apartments Acquisition 600,000
Total, Lander College 1,036,000
10. South Carolina State College
(a) Machine Shop Renovation 100,000
(b) Counseling & Self-Development
Center 250,000
(c) Arts and Science Building, A&E 292,500
Total, South Carolina State College 642,500
11. University of South Carolina
(a) Columbia: Renovations 5,200,000
(b) Columbia: Music Building, A&E 916,500
(c) Coastal: Business
Administration Building 9,600,000
(d) Spartanburg: Campus Life
Center, A&E 370,500
(e) Beaufort: Renovations 500,000
(f) Lancaster: Maintenance
Building 191,000
(g) Lancaster: Starr Hall
Renovation 605,000
(h) Union: Main Building
Renovations 2,100,000
(i) Salkehatchie: Library/Computer
Science Bldg. 2,144,000
(j) Salkehatchie: Renovations 700,000
(k) Aiken: Education/Business
Building, A&E 675,000
(l) Sumter: Library Addition, A&E 300,000
Total, University of South Carolina 23,302,000
12. Winthrop College
(a) Johnson Hall
Renovation/Addition 3,200,000
(b) Conservatory of Music
Renovation/Addition 1,900,000
Total, Winthrop College 5,100,000
13. Medical University of South Carolina
Biomedical Research Facility, A&E 585,000
Total, Medical University of South
Carolina 585,000 14. State Board for Technical
Comprehensive Education
(a) State Board: Statewide System Equipment 5,000,000
(b) Denmark: Physical Plant Building 643,760
(c) Denmark: Student Service Ctr.
Renovate/Addition 1,000,000
(d) Beaufort: Coleman Hall Renovation 67,000
(e) Beaufort: Owen Hall Renovation 275,460
(f) Beaufort: Anderson Hall Renovation 297,000
(g) Beaufort: Hilton Head Island
Facility, A&E 300,000
(h) Greenville: Technical Resource Center 3,000,000
(i) Chesterfield/Marlboro: 7 Bldgs. Roof Repairs 120,000
(j) Horry-Georgetown: Electronics/Technology Bldg. 2,032,000
(k) Horry-Georgetown: Entranceway/Parking 928,000
(l) Midlands, Airport Campus:
Admin. Bldg. Renovate 760,000
(m) Piedmont: Library/Learning Resource Center 2,194,500
(n) Piedmont: Health Sciences Classroom Building 1,200,000
(o) Tri-County: Learning Resource
Center/Admin. Bldg. 500,000
(p) Trident: Learning Resource
Center, A&E 350,000
(q) York: Classroom Building 1,100,000
(r) Aiken: Continuing Education Center Renovation 750,000
(s) Florence/Darlington:
Student Activity Center, A&E 175,000
(t) Florence/Darlington:
5 Buildings Renovate 360,000
(u) Florence/Darlington:
4 Buildings Repair 200,000
Total, State Board for Technical &
Comprehensive Education 21,252,720
15. Educational Television Commission
(a) State-Record Facilities Purchase 4,020,000
(b) State-Record Facilities
Construction/Renovation 4,765,000
(c) Equipment: Satellite
Receiving Terminals and Westar Units 1,150,000
(d) Instruc. Television Fixed Service:
Channel Groups E&F 4,000,000
Total, Educational Television Commission 13,935,000
16. Wil Lou Gray Opportunity School Improvements 195,000
Total, Wil Lou Gray Opportunity School 195,000
17. School for the Deaf & the Blind
(a) Robertson Hall Improvements 85,000
(b) Thackston Hall Improvements 275,000
(c) Spring Gym/Vocational Classroom Renovations 145,000
Total, School for the Deaf & the Blind 505,000
18. Archives and History Microfilm Vault 160,000
Total, Archives and History 160,000
19. State Library Expansion/Renovation, A&E 403,900
Total, State Library 403,900
20. Department of Mental Health
(a) Berkeley County Mental Health Center 780,000
(b) Byrnes Medical Center Renovations 3,000,000
(c) Gibbes Building Renovation 900,000
Total, Department of Mental Health 4,680,000
21. Department of Mental Retardation
$2,100,000 of capital improvement bonds for seven 8-bed community residences, are authorized as departmental bonds under the authority and limitations of Act 1087 of 1970.
22. John de la Howe School
(a) Cottage Renovation: Part 2 500,000
(b) Old Dairy Renovation 700,000
Total, John de la Howe School 1,200,000
23. Department of Corrections
(a) 808-Bed Medium Security Institution 28,000,000
(b) Kirkland: 50-bed Maximum Security Unit 1,800,000
(c) Appalachian Region:
384-bed Female Institution 12,000,000
(d) Lower Savannah: 96-bed
Addition (Work Release) 250,000
(e) Campbell: 96-bed Addition (Work Release) 250,000
(f) Palmer: 96-bed Addition (Work Release) 250,000
(g) Givens Youth: 192-bed Addition 1,200,000
(h) Goodman: 96-bed Addition 250,000
(i) General Renovations 1,550,000
Total, Department of Corrections 45,550,000
After review by the Joint Bond Review Committee and approval by the Budget and Control Board, the Department may use funds authorized under the provisions of this subitem to construct prison facilities that, in the opinion of the Department, would be an alternative to the utilization of funds to house inmates as authorized in this subitem.
24. Department of Youth Services
(a) Social Services/Activity Bldg. (New Campus) 545,662
(b) Ball Field with Fencing (R&E Relocation) 45,739
(c) Activity Building (R&E Relocation) 555,529
(d) Santee Dorm. Renovation 56,370
(e) School Building Renovation (R&E Relocation) 282,131
(f) Laundry Renovation 45,096
(g) Infirmary Renovation 229,178
(h) Group Homes Relocation (3) 125,000
(i) Floor Repair 151,533
(j) Facility Roofing 521,484
(k) Utilities Repair 62,400
(l) Painting 150,000
(m) HVAC Repair/Replace 1,378,650
(n) Birchwood Fence 400,000
Total, Department of Youth Services 4,548,772
25. Department of Agriculture
Columbia Market Site Preparation 960,000
Total, Department of Agriculture 960,000
26. Clemson University (PSA)
(a) Animal Research Compliance
Facility, A&E and Site Work 700,000
(b) Fruit Research Station Replacement 1,500,000
(c) Swine Farrowing Facility 350,000
(d) Vegetable Research Support Facility 500,000
(e) Newman Hall Renovation 800,000
(f) Edisto Center Lab, A&E 240,000
Total, Clemson University (PSA) 4,090,000
27. Wildlife and Marine Resources Department
(a) Charleston: Cooperative Research Facility Renovation 177,000
(b) Hatchery Construction and Renovation 500,000
Total, Wildlife and Marine Resources Department 677,000
28. Coastal Council Beach Restoration Fund 10,000,000
Total, Coastal Council 10,000,000
The funds authorized in this subitem for the Beach Restoration Fund are to be used only to finance not more than 60% of the cost of any local beach restoration project which is part of a beach restoration plan approved by the Coastal Council with the remaining 40% of the costs of any project to be paid from matching funds provided by local project sponsors.
No funds authorized in this act for beach restoration may be used for any restoration project unless there is reasonable public access, as determined by the South Carolina Coastal Council, to that project.
29. Department of Parks, Recreation and Tourism
(a) State Parks Utility, Roads and Parking Repairs 800,000
(b) General Park Improvements 1,780,000
(c) Cheraw State Park Development 6,400,000
(d) Santee Canal State Park: Phase 2 1,500,000
(e) Utility Replacements 900,000
(f) Dreher Island State Park Improvements 900,000
Total, Department of Parks, Recreation & Tourism 12,280,000
30. Aeronautics Commission Airport Improvements 3 500,000
Total, Aeronautics Commission 3,500,000
31. Ports Authority
Charleston Harbor Deepening 40,338,700
Total, Ports Authority 40,338,700
It is the State's intention to make the funds authorized in this subitem available to the State Ports Authority over a period of not less than eight years as its share of this project which presently is estimated to cost $115 million and to restrict the availability of these funds so that the Budget and Control Board (Board) and the Joint Bond Review Committee (Committee) may make available to the Ports Authority not more than $7,200,000 in 1988-89; plus an additional amount of not more than $6,000,000 in 1989-90, for a cumulative total of not more than $13,200,000 in 1988-89 and 1989-90; plus an additional amount of not more than $5,400,000 in 1990-91, for a cumulative total of not more than $18,600,000 in 1988-89, 1989-90 and 1990-91; plus an additional amount of not more than $5,400,000 in 1991-92, for a cumulative total of not more than $24,000,000 in 1988-89, 1989-90, 1990-91, and 1991-92; and the Board and the Committee, prior to June 30, 1992, may schedule the availability of the balance of the new funds authorized for the project in this subitem.
32. Greenville Performing Arts Center 6,000,000
Total, Greenville Performing Arts Center 6,000,000
The funds authorized in this subitem for the Greenville Performing Arts Center must be matched on a three-to-one value basis by contributions provided by the governing bodies of Greenville County and/or the City of Greenville, donations in-kind, and any other source of funds which may be obligated for the center.
33. South Carolina Aquarium 9,500,000
Total, South Carolina Aquarium 9,500,000
The funds authorized in this subitem for the South Carolina Aquarium must be matched on a three-to-one dollar basis by funds provided by the City of Charleston, county and federal sources, and other public and private sources. Matching funds shall include land values, donations-in-kind, funds expended for planning, feasibility, design, and construction, and funds expended by the public or private sector for improvements to the site, its environs or the infrastructure thereof, which enhance the public accessibility, use or enjoyment of the Aquarium, including but not limited to, a tour boat facility, restaurant facility, or such other improvements to the area designed to benefit the public.
34. Horry County-Multipurpose Arena 5,000,000
Total, Horry County-Multipurpose Arena 5,000,000
The funds authorized in this subitem for the Horry County Multipurpose Arena must be matched on a three-to-one dollar basis and documentation must be provided to the State Treasurer certifying the match has been raised and is on deposit prior to the release of any capital improvement bond funds.
35. Florence County-Civic Center 5,000,000
Total, Florence County-Civic Center 5,000,000
The funds authorized in this subitem for the Florence County-Civic Center must be matched on a three-to-one value basis as provided by the governing body of Florence County and any governing body of any municipality in Florence County, donations in-kind, and any other source of funds which may be obligated for the center.
TOTAL, ALL AGENCIES $249,744,592."
SECTION 2. Sub-subitem 1 of subitem 10 (Medical University) of item (f) of Section 3 of Act 1377 of 1968, as added by Part I of Act 518 of 1980 is amended to read:
"1. Hospital - East Wing Addition $30,850,000
$28,850,000."
SECTION 3. Sub-subitem 5 of subitem 23 (Clemson PSA) of item (f) of Section 3 of Act 1377 of 1968, as added by Part I of Act 538 of 1986 is deleted.
SECTION 4. Section 4 of Act 1377 of 1968, as last amended by Act 538 of 1986, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act shall may not exceed $1,152,776,976.10 $1,445,782,506.29. The limitation imposed by the provisions of this section shall do not apply to bonds issued on behalf of the Mental Health Commission as provided in Act 1276 of 1970 and Act 1272 of 1970, or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by acts amendatory of it the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."
SECTION 5. The State Budget and Control Board (Board) staff shall devise a special procedure, reviewed by the Joint Bond Review Committee (Committee) and the Board, under which staff of the Board will monitor efforts undertaken for project authorizations in this act which are for architectural and engineering (A&E) work only. This procedure must provide opportunities for the Committee and the Board to gain a full understanding of the particular components of each project. These components will include, at a minimum, the operational expenses associated with each project, assuming completion, and the total amount of additional funding that would be necessary to complete the project as designed. The procedure must provide for not less than two reviews, by the Committee and the Board, on the design work on each project. The first review must occur after completion of the architectural program and immediately following the completion of the schematic drawings. The second review must occur following the completion of project plans and specifications. The results of these reviews will be summarized by Board staff and forwarded to the Committee and the Board for consideration by them in connection with the formulation of any additional proJect funding recommendations.
SECTION 6. The General Assembly directs the Joint Bond Review Committee and the State Budget and Control Board to arrange the schedule of draws of the capital improvement bond funds authorized in this act so that a reasonable amount of reserve is in the draw schedule for emergency projects and other purposes which may be authorized by the General Assembly in bond acts enacted during 1989 or 1990.
SECTION 7. (A) As an incident to the enactment of this section the General Assembly makes the following findings:
(1) By Section 59-53-153 of the 1976 Code, the General Assembly has authorized the State Board for Technical and Comprehensive Education to issue special obligation bonds payable from a special student fee authorized therein and to utilize the proceeds for the acquisition and construction of certain plant improvements.
(2) These bonds may only be issued following approval of the State Budget & Control Board.
(3) There must not be outstanding at any time bonds issued pursuant to Section 59-53-153 in excess of two million dollars.
(4) Additional facilities and improvements benefiting those in attendance at the technical education colleges and centers are needed and are properly payable from the special student fee.
(B) Section 59-53-153(2) of the 1976 Code is amended to read:
"(2) Notwithstanding any other provisions of this article, there must not be outstanding at any time bonds issued pursuant to this section for any college in excess of four million dollars."
SECTION 8. The State Budget and Control Board and the Joint Bond Review Committee or their designees shall devise procedures for authorizations of leases or lease purchases, or both, and make recommendations to the General Assembly on the procedures by February 1, 1989.
SECTION 9. It is the intent of the General Assembly to enact legislation in the 1989 session providing for consideration of capital improvement bond bills in odd-numbered years with the first such bill considered in 1991. Prior to enacting the legislation, the General Assembly shall insure that the legislation does not adversely impact on authorizations for project architecture and engineering expenses provided in this act.
SECTION 10. Section 59-53-57 of the 1976 Code is amended by adding the following paragraph after the first paragraph:
"The board and institutions are eligible to receive state funds for capital facilities. Prior to the withdrawal of authorized funds from the State Treasurer, the State Board for Technical and Comprehensive Education shall obtain and transmit to the State Treasurer a certificate from the appropriate official at the technical institution stating that a minimum of twenty percent of each project cost has been provided by the local support area. The provisions of this paragraph do not apply to Denmark and Beaufort Technical Colleges."
SECTION 11. Sub-subitems b and f of Subitem 15 (Department of Mental Retardation) of Item (f) of Section 3 of Act 1377 of 1968, as added by Act 646 of 1978, is amended to read:
b. Coastal Center Multiple
Handicapped Nursing Facility
Construction and Equipment 650,000
f. Coastal Center-Dormitory for
Deaf/Blind, Construction and Equipment 470,000
74,339.92
SECTION 12. Subitem 15 (Department of Mental Retardation) of Item (f) of Section 3 of Act 1377 of 1968, as added by Section 2 of Act 179 of 1981, is deleted.
SECTION 13. Article 1, Chapter 9, of Title 11 of the 1976 Code is amended by adding:
"Section 11-9-130. Funds authorized by the General Assembly for capital improvement projects not located on state-owned property may be expended only if the projects are owned or operated by a governmental entity including, but not limited to, municipalities or counties or a combination of governmental entities or by a separate authority whose membership is controlled by a governmental entity."
SECTION 14. This act takes effect upon approval by the Governor./
Renumber subitems to conform.
Renumber sections to conform.
Amend totals and title to conform.
/s/James M. Waddell, Jr. /s/Robert N. McLellan /s/John C. Lindsay /s/John I. Rogers, III /s/Thomas L. Moore /s/William D. Boan On Part of the Senate. On Part of the House.
Rep. McLELLAN explained the Conference Report.
Rep. PETTIGREW raised the Point of Order that the Conference Report was out of order as it had not been printed in the Journal in accordance with Rule 5.15.
The SPEAKER sustained the Point of Order.
Rep. McLELLAN moved to waive Rule 5.14.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, J. Burch Burriss, M.D. Carnell Clyborne Cole Cooper Cork Dangerfield Day Edwards Faber Felder Ferguson Foster Gentry Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Kohn Lanford Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Shelton Short Snow Taylor Waldrop Washington Whipper Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Baxley Brown, R. Burriss, T.M. Chamblee Corning Klapman McCain McEachin Pettigrew Sheheen Simpson Thrailkill Townsend Tucker
So, Rule 5.14 was waived.
The question then recurred to the adoption of the Report, which was agreed to by a division vote of 62 to 46 and a message was ordered sent to the Senate accordingly.
Rep. McCAIN 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:
Bennett Burriss, M.D. Burriss, T.M. Corning Faber Ferguson Gilbert Haskins Klapman Kohn Mappus McBride McCain McKay Pettigrew Simpson Stoddard Taylor Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Baker Barfield Baxley Beasley Blackwell Boan Brown, H. Brown, J. Brown, R. Burch Carnell Chamblee Clyborne Cole Cooper Cork Davenport Day Edwards Fair Felder Foxworth Gentry Harris, J. Harris, P. Harvin Hayes Hearn Helmly Hendricks Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Koon Lanford Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McAbee McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Snow Sturkie Thrailkill Townsend Tucker Waldrop Washington White Wilder Wilkins Williams
So, the House refused to adjourn.
The following was received.
Columbia, S.C., June 1, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 5:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. BLACKWELL the invitation was accepted.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 617, Rep. T.M. BURRISS having the floor.
S. 1519 -- Judiciary Committee: A BILL TO AMEND SECTIONS 33-14-200, 33-14-210, 33-14-220, AND 33-14-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE DISSOLUTION OF CORPORATIONS UNDER THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988, SO AS TO FURTHER PROVIDE FOR THIS ADMINISTRATIVE DISSOLUTION; TO AMEND SECTIONS 33-15-300, 33-15-310, AND 33-15-320, RELATING TO REVOCATION OF A FOREIGN CORPORATION'S CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS, SO AS TO FURTHER PROVIDE FOR THIS REVOCATION; TO AMEND SECTION 33-1-280, RELATING TO THE SECRETARY OF STATE FURNISHING CERTIFICATES OF EXISTENCE FOR CORPORATIONS, SO AS TO REVISE THE CONTENTS OF THE CERTIFICATE OF EXISTENCE AS IT RELATES TO A CORPORATION'S DISSOLUTION OR REVOCATION OF AUTHORITY TO DO BUSINESS; TO AMEND SECTION 12-7-1675, RELATING TO ADMINISTRATIVE DISSOLUTION OF A DOMESTIC CORPORATION OR REVOCATION OF THE CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO TRANSACT BUSINESS FOR FAILURE TO FILE CERTAIN TAX RETURNS, SO AS TO FURTHER PROVIDE FOR THIS DISSOLUTION OR REVOCATION; AND TO REPEAL CHAPTER 29 OF TITLE 33, RELATING TO FEES AND TAXES PAYABLE BY CORPORATIONS.
Rep. HEARN moved to continue the Bill, which was not agreed to by a division vote of 7 to 72.
Debate was resumed on Amendment No. 617, proposed by Reps. HEARN and T.M. BURRISS.
Rep. T.M. BURRISS continued speaking.
Rep. WALDROP spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. McCAIN moved that the House do now adjourn.
Rep. LEWIS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. LEWIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Aydlette Bailey, K. Burriss, M.D. Burriss, T.M. Clyborne Corning Foxworth Haskins Hearn Klapman Limehouse Mappus Mattos McBride McCain McEachin Pettigrew Simpson Stoddard Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barfield Beasley Blackwell Boan Brown, H. Brown, J. Brown, R. Burch Carnell Chamblee Cole Cooper Cork Davenport Faber Foster Gentry Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Huff Humphries Johnson, J.C. Kay Keyserling Kirsh Lanford Lewis Lockemy Martin, D. Martin, L. McAbee McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Snow Thrailkill Townsend Tucker Waldrop Wells Whipper White Wilder Williams
So, the House refused to adjourn.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 617.
At 5:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R718) S. 711 -- Judiciary Committee: AN ACT 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 THE FEE FOR FILING FIRST COMPLAINT OR PETITION, INCLUDING APPLICATION FOR A REMEDIAL AND PREROGATIVE WRIT AND BOND FOR ATTACHMENT IN CIVIL ACTIONS OR PROCEEDINGS FROM TWENTY-FIVE TO THIRTY-FIVE DOLLARS.
(R719) S. 867 -- Senators Lee, Russell and Horace C. Smith: AN ACT TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR SPARTANBURG COUNTY, PROVIDE FOR THE TERMS OF OFFICE, STAGGERING OF TERMS, METHOD BY WHICH CANDIDATES' NAMES MAY BE PLACED ON THE BALLOT, AND FOR FILLING OF VACANCIES; TO AMEND ACT 612 OF 1984, AS AMENDED, RELATING TO THE METHOD OF CONDUCTING AN ELECTION FOR TRUSTEES OF THE SCHOOL DISTRICT OF SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE COUNTY BOARD OF EDUCATION TO FILL VACANCIES IN THE BOARDS AND TO AUTHORIZE THE BOARD TO CONTRACT TO PURCHASE AND HOLD REAL AND PERSONAL PROPERTY.
(R720) S. 1526 -- Senators Nell W. Smith and Stilwell: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF C & J TEXTILE MACHINERY AND SUPPLIES, INC., IN GREENVILLE COUNTY.
(R721) S. 1507 -- Senator Williams: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTH CAROLINA MAGISTRATES' ASSOCIATION, INC., IN LEXINGTON COUNTY.
(R722) S. 1535 -- Senator Dennis: AN ACT TO REPEAL ACT 579 OF 1980 RELATING TO THE MAGISTRATE FOR HILTON'S CROSS ROADS IN BERKELEY COUNTY.
(R723) H. 4012 -- Reps. J.W. McLeod, Gilbert, McEachin, Nettles and McKay: AN ACT TO AMEND ACT 1817 OF 1972, RELATING TO THE FLORENCE COUNTY FIRE DISTRICT, SO AS TO PROVIDE THAT AMONG THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL TWO MEMBERS FROM EACH REPRESENTED FIRE DEPARTMENT MUST BE APPOINTED INSTEAD OF FROM EACH SUBDISTRICT.
(R724) H. 4141 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (NORTH INLET ESTUARY), DESIGNATED AS REGULATION DOCUMENT NUMBER 855, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R725) H. 3903 -- Reps. J. Bradley, Holt and Mappus: AN ACT TO AMEND SECTION 38-77-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM MEDICAL, HOSPITAL, AND DISABILITY BENEFITS REQUIRED IN AUTOMOBILE LIABILITY INSURANCE POLICIES, AND THE SUBROGATION AND ASSIGNMENT OF BENEFITS, SO AS TO PERMIT ASSIGNMENT OF BENEFITS TO FUNERAL HOMES, AND TO MAKE CERTAIN REFERENCE CORRECTIONS IN THE SECTION; AND 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.
(R726) H. 3769 -- Rep. Edwards: AN ACT TO AMEND CHAPTER 23, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REDEFINE "OPERATOR", "CERTIFICATE OF REGISTRATION", AND "BOARD", TO DEFINE "PERCOLATION TEST TECHNICIAN" AND "LICENSEE", TO CHANGE THE NAME OF THE SOUTH CAROLINA BOARD OF CERTIFICATION FOR ENVIRONMENTAL SYSTEMS OPERATORS TO THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD, TO INCREASE AND REVISE THE MEMBERSHIP OF THE BOARD, TO DELETE A PROVISION RELATING TO VACANCIES, TO ELIMINATE LANGUAGE NO LONGER APPLICABLE AND PROVISIONS RELATIVE TO PAYMENT OF EXPENSES AND TRANSFER OF FUNDS, TO DELETE REQUIREMENTS FOR SPECIFIC EDUCATIONAL PROGRAMS, TO PROVIDE FOR REGISTRATION OF PERCOLATION TEST TECHNICIANS AND WELL DRILLERS, TO CHANGE REFERENCES TO OPERATORS TO LICENSEES, AND TO ELIMINATE DUTIES OF THE SECRETARY OF THE BOARD.
(R727) H. 4011 -- Rep. J.W. McLeod: AN ACT TO AMEND SECTIONS 38-33-20, 38-33-130, AND 38-39-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, 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 THREE DOLLARS, TO DEFINE "COPAYMENT" OR "DEDUCTIBLE" IN REGARD TO HEALTH CARE SERVICES, AND TO EMPOWER THE CHIEF INSURANCE COMMISSIONER TO APPROVE PROVIDER'S AGREEMENTS WITH HEALTH MAINTENANCE ORGANIZATIONS.
(R728) H. 3739 -- Rep. Beasley: AN ACT TO AMEND SECTIONS 56-1-740 AND 56-1-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF LICENSES BECAUSE OF ACCUMULATION OF POINTS UNDER THE POINT SYSTEM, SO AS TO ESTABLISH PERIODS OF SUSPENSION BASED ON POINT ACCUMULATION AND TO PROVIDE FOR REVIEW OF SUSPENSIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT.
(R729) H. 3598 -- Reps. O. Phillips, C. Bailey, Kirsh, Holt, Klapman, Washington, Whipper, Arthur, Rudnick and Pearce: AN ACT TO AMEND CHAPTER 5 OF TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AERONAUTICAL REGULATORY ACT, BY ADDING SECTION 55-5-75, SO AS TO PROVIDE THAT FROM INFORMATION OBTAINED FROM THE FEDERAL AVIATION ADMINISTRATION, THE STATE AERONAUTICS COMMISSION QUARTERLY SHALL FURNISH THE RESPECTIVE COUNTY AUDITORS OF THIS STATE WITH A LIST OF ALL AIRCRAFT REGISTERED IN THEIR COUNTY ACCORDING TO THE RECORDS OF THE FEDERAL AVIATION ADMINISTRATION; TO REPEAL CHAPTER 7 OF TITLE 55 RELATING TO THE REGISTRATION OF AIRCRAFT; TO AMEND SECTIONS 55-8-10, 55-8-40, AND 55-8-140, RELATING TO THE AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO DELETE REFERENCES TO THE REGISTRATION OF AIRCRAFT AND TO PROVIDE CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATION OF THE AIRCRAFT FINANCIAL RESPONSIBILITY ACT; TO REPEAL SECTIONS 55-8-60, 55-8-80, 55-8-120, AND 55-8-130 RELATING TO THE AIRCRAFT FINANCIAL RESPONSIBILITY ACT; AND TO AMEND SECTION 38-1-20, RELATING TO THE KINDS OF INSURANCE FOR WHICH AN INSURANCE COMPANY MAY BE LICENSED, SO AS TO PROVIDE THAT LOSSES, DESTRUCTION, OR DAMAGES TO AIRCRAFT ARE WITHIN THE MEANING OF THE TERM "MARINE INSURANCE".
(R730) H. 4288 -- Rep. J. Bradley: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-89 FOR CHARLESTON COUNTY PARKS AND RECREATION COMMISSION, AND TO PROVIDE FOR THE OPERATING BUDGET OF CHARLESTON COUNTY PARKS AND RECREATION COMMISSION FOR FISCAL YEAR 1988-89.
At 5:07 P.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 617.
S. 1519 -- Judiciary Committee: A BILL TO AMEND SECTIONS 33-14-200, 33-14-210, 33-14-220, AND 33-14-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE DISSOLUTION OF CORPORATIONS UNDER THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988, SO AS TO FURTHER PROVIDE FOR THIS ADMINISTRATIVE DISSOLUTION; TO AMEND SECTIONS 33-15-300, 33-15-310, AND 33-15-320, RELATING TO REVOCATION OF A FOREIGN CORPORATION'S CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS, SO AS TO FURTHER PROVIDE FOR THIS REVOCATION; TO AMEND SECTION 33-1-280, RELATING TO THE SECRETARY OF STATE FURNISHING CERTIFICATES OF EXISTENCE FOR CORPORATIONS, SO AS TO REVISE THE CONTENTS OF THE CERTIFICATE OF EXISTENCE AS IT RELATES TO A CORPORATION'S DISSOLUTION OR REVOCATION OF AUTHORITY TO DO BUSINESS; TO AMEND SECTION 12-7-1675, RELATING TO ADMINISTRATIVE DISSOLUTION OF A DOMESTIC CORPORATION OR REVOCATION OF THE CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO TRANSACT BUSINESS FOR FAILURE TO FILE CERTAIN TAX RETURNS, SO AS TO FURTHER PROVIDE FOR THIS DISSOLUTION OR REVOCATION; AND TO REPEAL CHAPTER 29 OF TITLE 33, RELATING TO FEES AND TAXES PAYABLE BY CORPORATIONS.
Debate was resumed on Amendment No. 617 by Reps. HEARN and T.M. BURRISS.
Reps. CORNING and HASKINS spoke in favor of the amendment.
Rep. WALDROP spoke against the amendment.
Rep. T.M. BURRISS spoke in favor of the amendment.
Rep. L. MARTIN 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 Aydlette Baker Barfield Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, R. Burch Burriss, M.D. Carnell Chamblee Cork Davenport Elliott Faber Ferguson Foster Gentry Gilbert Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Hodges Huff Humphries Johnson, J.W. Jones Kay Keyserling Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Shelton Snow Thrailkill Townsend Tucker Waldrop Washington Whipper White Williams
Those who voted in the negative are:
Arthur Brown, H. Burriss, T.M. Clyborne Cole Cooper Corning Dangerfield Fair Foxworth Haskins Hearn Johnson, J.C. Klapman Limehouse Mappus McCain McElveen Pearce Phillips, O. Sheheen Short Simpson Stoddard Wells Wilder Wilkins
So, the amendment was tabled.
Rep. LEWIS moved immediate cloture on the entire matter.
Rep. KLAPMAN raised the Point of Order that the motion was out of order as the member was not in his seat.
The SPEAKER sustained the Point of Order.
Rep. LEWIS moved immediate cloture on the entire matter.
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 Barfield Beasley Blackwell Blanding Brown, G. Burch Carnell Chamblee Elliott Faber Foster Gilbert Harris, J. Harris, P. Hayes Hodges Huff Johnson, J.C. Kay Keyserling Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McKay McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Short Snow Townsend Tucker Waldrop Washington Whipper White Williams
Those who voted in the negative are:
Arthur Bailey, G. Baker Baxley Boan Brown, H. Brown, J. Burriss, T.M. Clyborne Cole Cooper Corning Dangerfield Davenport Fair Ferguson Foxworth Gentry Haskins Hearn Helmly Hendricks Johnson, J.W. Klapman Lanford Limehouse Mappus McBride McCain McElveen McGinnis Moss Pearce Pettigrew Petty Phillips, O. Sheheen Simpson Stoddard Thrailkill Wells Wilder Wilkins
So, immediate cloture was ordered.
Rep. LIMEHOUSE moved to waive the printing of all further amendments that are not adopted, which was agreed to.
Rep. HASKINS inquired if under the previous question, the amendments could be withdrawn or were they the property of the House.
The SPEAKER stated that the amendments were the property of the House and must be read.
Rep. HASKINS moved that the House do now adjourn.
Rep. RUDNICK raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. LEWIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Aydlette Bailey, K. Baker Blackwell Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Corning Dangerfield Davenport Faber Fair Ferguson Foxworth Gilbert Haskins Hearn Hendricks Kay Klapman Lanford Limehouse Mappus Martin, D. Mattos McBride McCain McGinnis McKay Nesbitt Pearce Pettigrew Phillips, O. Rhoad Sheheen Shelton Simpson Stoddard Taylor Thrailkill Townsend Wells Wilder Wilkins
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baxley Beasley Boan Brown, G. Brown, H. Brown, J. Burch Carnell Cooper Cork Elliott Foster Gentry Harris, J. Harris, P. Harvin Hayes Helmly Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Keyserling Koon Lewis Lockemy Martin, L. McAbee McElveen McLellan McLeod, E.B. McTeer Nettles Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Short Snow Tucker Waldrop Washington Whipper White Williams
So, the House refused to adjourn.
Rep. T.M. BURRISS moved that the House recede subject to the call of the Chair, which was rejected.
Rep. HASKINS moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. O. PHILLIPS moved to rescind Rule 3.9.
Rep. FERGUSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Baker Barfield Baxley Brown, J. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Fair Foster Gregory Harvin Hayes Hodges Humphries Klapman Lanford Limehouse Mattos McCain McGinnis McTeer Moss Neilson Nesbitt Nettles Pearce Phillips, L. Phillips, O. Rhoad Rudnick Short Simpson Snow Stoddard Thrailkill Townsend Waldrop Wells Wilkins
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Aydlette Bailey, G. Bailey, K. Beasley Blackwell Boan Brown, G. Brown, H. Brown, R. Burch Carnell Chamblee Cole Cooper Dangerfield Davenport Edwards Elliott Faber Ferguson Foxworth Gentry Harris, J. Harris, P. Haskins Hearn Helmly Hendricks Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Koon Lewis Lockemy Mappus Martin, D. Martin, L. McAbee McBride McElveen McKay McLellan Pettigrew Petty Rice Rogers, J. Rogers, T. Sharpe Sheheen Shelton Taylor Tucker Washington Whipper White Wilder Williams
So, the House refused to rescind Rule 3.9.
The SPEAKER granted Rep. BLANDING a leave of absence for the remainder of the day.
Rep. T.M. BURRISS moved to continue the Bill.
Rep. RUDNICK raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. T.M. BURRISS demanded the yeas and nays, which were not ordered.
The House refused to continue the Bill, by a division vote of 9 to 81.
Rep. T.M. BURRISS moved to table the Bill and demanded the yeas and nays, which were not ordered.
The House refused to table the Bill by a division vote of 8 to 81.
Reps. CORNING and T.M. BURRISS proposed the following amendment No. 618.
Amend as and if amended, to amend No. 616 as and if adopted as follows:
To amend Section 33-14-530 to read as follows:
Section 33-14-520. A cooperative which has commenced business may dissolve voluntarily and wind up its affairs in the manner provided in this article.
Section 33-14-530. The majority of the members of the board of trustees shall recommend first that the cooperative be dissolved voluntarily and the proposition that the cooperative be dissolved must be submitted to the members of the cooperative at any annual or special meeting, the notice of which must set forth the proposition. At the meeting the proposed voluntary dissolution is approved upon the affirmative vote of two-thirds of the members of the cooperative.
Upon the question of the voluntary dissolution of an electric cooperative each member of an electric cooperative is entitled to vote. Voting may be in person or by proxy. No voting by mail is allowed on the question of dissolution or on any matter related thereto.
Voting by proxy shall comply with the requirements of Chapter 11 of Title 33.
Section 33-14-540. Upon such approval a certificate of election to dissolve, in this article designated the "certificate," shall be executed and acknowledged on behalf of the cooperative by its president or vice-president and its corporate seal shall be affixed thereto and attested by its secretary. The certificate shall state: (1) the name of the cooperative; (2) the address of its principal office; (3) the names and addresses of its trustees; and (4) the total number of members of the cooperative and the number of members who voted for and against the voluntary dissolution of the cooperative.
The president or vice-president executing the certificate also shall make and annex thereto an affidavit stating that the provisions of Section 33-14-530 have been duly complied with.
Rep. T.M. BURRISS insisted that the amendment be displayed on the screen.
The SPEAKER stated that there was no requirement in the rules for the amendments to be displayed.
Rep. T.M. BURRISS then requested that the amendment be read.
Rep. L. MARTIN raised the Point of Order that there was no provision in the rules for the amendment to be read, if it was explained by the author. He further cited precedent of February 13, 1986, to the effect that a member did not have the right to have an amendment read.
The SPEAKER stated that there was no provision in the rules for a member to have an amendment read; there was a Constitutional provision for a member to have a Bill read, however. He then sustained the Point of Order and ruled the request out of order.
Rep. CORNING explained the amendment.
Rep. WILKINS moved that the House do now adjourn.
Rep. RUDNICK raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. LEWIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Baxley Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Clyborne Cole Cooper Cork Corning Dangerfield Davenport Edwards Fair Ferguson Foster Foxworth Gilbert Harris, P. Harvin Haskins Hearn Hendricks Humphries Klapman Lanford Mappus McBride McCain McEachin McGinnis McKay Nesbitt Nettles Pearce Pettigrew Petty Phillips, O. Rhoad Sheheen Short Simpson Snow Stoddard Taylor Thrailkill Wells Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Barfield Beasley Blackwell Boan Brown, G. Burch Carnell Chamblee Elliott Faber Gentry Gregory Harris, J. Hayes Helmly Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McElveen McLellan McLeod, E.B. McTeer Moss Neilson Rice Rogers, J. Rogers, T. Rudnick Sharpe Shelton Townsend Tucker Waldrop Washington White Williams
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 618, immediate cloture having been invoked.
The Senate returned to the House with concurrence the following:
H. 4285 -- Rep. O. Phillips: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME ROAD S-44-440 IN UNION COUNTY AS "VANDERFORD ROAD".
H. 4340 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION CONGRATULATING MR. FRANCIS (FRANK) R. SARRATT, PRINCIPAL OF MARY BRAMLETT ELEMENTARY SCHOOL, CHEROKEE COUNTY, FOR BEING SELECTED AS THE "NATIONAL DISTINGUISHED PRINCIPAL OF THE YEAR".
H. 4341 -- Rep. Wilder: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF F. HAMILTON DICKS OF BARNWELL COUNTY WHO DIED THURSDAY, MAY 19, 1988.
H. 4342 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING DR. CARL B. RAMSEY OF CLARENDON COUNTY, SUPERINTENDENT OF CLARENDON SCHOOL DISTRICT TWO, FOR THE OUTSTANDING SERVICE HE HAS RENDERED PUBLIC EDUCATION IN THIS POSITION AND THROUGHOUT HIS DISTINGUISHED CAREER, AND WISHING HIM SUCCESS AND HAPPINESS IN HIS RETIREMENT.
H. 4343 -- Reps. Gilbert, McEachin, McKay, Nettles, R. Brown and Lockemy: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JOHN WILLIAM MCLEOD, OF FLORENCE COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM MUCH SUCCESS AS HE LEAVES THE GENERAL ASSEMBLY TO SERVE ON THE EMPLOYMENT SECURITY COMMISSION.
H. 4344 -- Reps. Blackwell, M. Alexander, Baker, P. Bradley, Clyborne, Fair, Haskins, Mattos, Rice, Shelton and Wilkins: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE LEWIS PHILLIPS OF GREER FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AS HIS SERVICE IN THE HOUSE COMES TO A CLOSE.
H. 4345 -- Reps. Blackwell, M. Alexander, Baker, L. Phillips, Clyborne, Fair, Haskins, Mattos, Rice, Shelton and Wilkins: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE PHILIP T. BRADLEY OF GREENVILLE FOR HIS MANY YEARS OF DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AS HE RETIRES FROM PUBLIC OFFICE.
H. 4346 -- Reps. Edwards, Cole, Davenport, Ferguson, Lanford, McGinnis and Wells: A CONCURRENT RESOLUTION COMMENDING REPRESENTATIVE JOSEPH T. PETTY OF SPARTANBURG COUNTY FOR HIS DEDICATION, DILIGENCE, AND CONTRIBUTIONS AS A MEMBER OF THE GENERAL ASSEMBLY, AND WISHING HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
H. 4347 -- Reps. H. Brown, Day and Williams: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROBERT LINWOOD HELMLY, OF MONCKS CORNER IN BERKELEY COUNTY, FOR HIS LEGISLATIVE SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM WELL AS HE SEEKS TO CONTINUE HIS PUBLIC SERVICE IN THE UPPER CHAMBER.
At 5:55 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.
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