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:
Give to us, Lord, such a measure of dependence upon You that we are not awed by difficulties or frightened by problems. Cause us to lean heavily upon Your strong right arm that doubts shall cease and our confidence is increased. Compel us to be just and fair in our dealings; make our motives to be beyond suspicion; let our word be our bond. Make us kind and charitable in our criticism of others, slow to judge, knowing that we ourselves must one day be judged. Give us an economy in speech lest we wound and offend others. Enable us to see issues clearly, and help us to choose the best course knowing that with Your blessing upon us, we need not fear decisions or hesitate to act.
We pray to a good and just God. 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.
March 16, 1989
The Honorable James Roland Smith
Member, South Carolina House of Representatives
Blatt Building
Columbia, S.C. 29211
Dear Representative Smith:
It is with pleasure that I am this date appointing you to serve on the House Agriculture and Natural Resources Committee. Representative L.E. Bennett is Chairman of this Committee and I am notifying him of your appointment by copy of this letter. I am sure you will serve well in this capacity.
Sincerely,
Robert J. Sheheen
Received as information.
The following were received.
March 14, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1002)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on March 14, 1989 regulations concerning Property Tax from the South Carolina Tax Commission.
They are hereby referred to the Committee on Ways and Means for consideration.
Sincerely,
Robert J. Sheheen
March 14, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1100)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on March 14, 1989 regulations concerning advertising, credit reports, closing statements, trust accounts and earnest money deposits. Also concerns licensure requirements of nonresident brokers, salesmen and property managers and licensing of nonresidents from the South Carolina Real Estate Commission.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 422 -- Senators Mitchell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION DIRECTING THE DIVISION OF GENERAL SERVICES TO PLACE, WHERE THE DIVISION CONSIDERS APPROPRIATE, ONE OR MORE PUBLIC WATER FOUNTAINS ON THE STATE HOUSE AND CAPITOL COMPLEX GROUNDS.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3120 -- Rep. White: A BILL TO AMEND SECTION 40-43-150, AS AMENDED CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS AND PROVISIONS REGARDING DANGEROUS DRUGS, LICENSED PHARMACISTS, AND DRUG OUTLETS, SO AS TO PROHIBIT THE REFILLING OF CERTAIN PRESCRIPTION MORE THAN ONE YEAR BEYOND THE DATE ON WHICH THEY WERE ORIGINALLY FILLED, AND PROVIDE THAT NOTHING IN THIS SECTION ABRIDGES ANY RIGHT OF A PHARMACIST TO REFUSE TO FILL OR REFILL ANY PRESCRIPTION.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3144 -- Rep. Davenport: A BILL TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING REQUIREMENTS WHEN A CHILD'S PHYSICAL OR MENTAL HEALTH OR WELFARE HAS BEEN OR MAY BE ADVERSELY AFFECTED BY ABUSE OR NEGLECT, SO AS TO REQUIRE THE PERSON TO REPORT RATHER THAN AUTHORIZING HIM TO CAUSE A REPORT TO BE MADE.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3274 -- Reps. Townsend, Kay, L. Martin, Fair, Clyborne, Manly, Waldrop, Baker, P. Harris, T.C. Alexander, J. Rogers, J.W. Johnson, McLellan, Cooper, Rhoad, M.O. Alexander, Chamblee, Simpson and Hendricks: A BILL TO AMEND SECTIONS 44-43-120, 44-43-130, 44-43-140, AND 44-43-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DONATION OF EYES, SO AS TO AUTHORIZE THE SOUTH CAROLINA LIONS EYE BANK TO MAKE DETERMINATIONS RELATING TO THE REMOVAL, PROCESSING, DISTRIBUTION, AND USE OF EYES DONATED FOR SIGHT RESTORATION.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3414 -- Reps. Beasley, Hayes, Fair, P. Harris, J. Harris, Carnell and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 7, TITLE 20, SO AS TO PROVIDE FOR THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN BY SETTING FORTH ITS PURPOSES AND PROVIDING FOR COMMISSION MEMBERS, MEETINGS, AN ADVISORY COUNCIL, THE CHILDREN TO BE SERVED, DUTIES AND FUNCTIONS, DIRECTOR AND STAFF EMPLOYMENT, REPORTS TO THE GOVERNOR AND GENERAL ASSEMBLY, AND ADMINISTRATIVE SUPPORT; TO PROVIDE FOR THE INITIAL TERMS OF THE COMMISSION AND ADVISORY COUNCIL; TO REPEAL CHAPTER 83, TITLE 44, RELATING TO THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3488 -- Rep. J. Rogers: A BILL TO AMEND SECTION 44-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO ADD TO THE BOARD THE CHAIRMAN OF THE HOUSE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE, OR HIS DESIGNEE, AND THE CHAIRMAN OF THE SENATE MEDICAL AFFAIRS COMMITTEE, OR HIS DESIGNEE.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3533 -- Rep. Davenport: A BILL TO AMEND SECTION 40-43-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR PERMITS AND RENEWALS FOR THE OPERATION OF A PHARMACY, SO AS TO PROVIDE THAT THE ANNUAL FEES FOR PERMITS AND RENEWALS MUST BE ESTABLISHED BY THE STATE BOARD OF PHARMACY.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 337 -- Senators Passailaigue, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lourie, Macaulay, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Rose, Russell, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Williams and Wilson: A CONCURRENT RE:SOLUTION TO COMMEND MAJOR GENERAL JAMES A. GRIMSLEY, JR., PRESIDENT OF THE CITADEL, FOR HIS OUTSTANDING LEADERSHIP OF THIS FINE INSTITUTION UPON THE OCCASION OF HIS UPCOMING RETIREMENT, AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
The following Concurrent Resolution was taken up for immediate consideration.
S. 337 -- Senators Passailaigue, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lourie, Macaulay, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Rose, Russell, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO COMMEND MAJOR GENERAL JAMES A. GRIMSLEY, JR., PRESIDENT OF THE CITADEL, FOR HIS OUTSTANDING LEADERSHIP OF THIS FINE INSTITUTION UPON THE OCCASION OF HIS UPCOMING RETIREMENT, AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
Whereas, with deep regret, the members of the General Assembly learned of the announcement earlier this week of the upcoming retirement on June 30, 1989, of Major General James A. Grimsley, Jr., President of The Citadel; and
Whereas, General Grimsley is a native of Florence, South Carolina, graduated from The Citadel with the distinguished class of 1942, and holds a master of arts degree in international affairs from George Washington University; and
Whereas, his active duty record as an officer in the United States Army is impressive. He served in World War II and the Viet Nam War, received wounds and was decorated in both wars, and served the Army well in many other capacities until his retirement from active duty on September 1, 1975; and
Whereas, he joined the staff of The Citadel on October 1, 1975, assumed the position of interim president on October 25, 1980, and became the sixteenth president of the military college of South Carolina on December 6, 1980; and
Whereas, under his leadership, The Citadel has grown into one of the leading educational institutions in South Carolina and in the nation; and
Whereas, the following accomplishments are indicative of the growth, development, and improvement of The Citadel during General Grimsley's tenure:
(1) the steady upgrade in the Corps of Cadets, the centerpiece of The Citadel, in performance, appearance, leadership, and caliber;
(2) the increased application rate during the past five years by quality young men, nationwide, seeking admission;
(3) recognition of The Citadel by the State Commission on Higher Education as first among all state institutions in overall student retention, in the graduation rate of student athletes, and in the retention rate of black students;
(4) national recognition in 1986 and 1988 by the U.S. News and World Report for its overall academic programs and educational philosophy;
(5) after six years of detailed analysis and review, adoption of a strengthened academic core curriculum affecting every student, regardless of course of study;
(6) upgrade of the physical plant with over twelve million dollars in construction and renovation projects completed and over forty-five million dollars in projects underway plus those planned for which funding has been approved;
(7) successful completion, two years ahead of schedule, of the twenty-seven million dollar Mark Clark Campaign, the first in the college's history;
(8) development of sound financial management procedures, based on quarterly program and budget reviews, which have assured prudent yet flexible stewardship of available resources; and
(9) steady upgrade of the intercollegiate athletics program, one competitive across the board in eleven varsity sports, while ensuring that the program operates within the context of The Citadel as a liberal arts, military college; and
Whereas, in addition to his commitments as President of The Citadel, Alex Grimsley has served his community in numerous capacities including service as president of the Coastal Carolina Council, Boy Scouts of America; chairman of the Board of Directors, the Hundred Club of Charleston; chairman, Advisory Council, Youth Service Charleston; member, Board of Directors, Youth Service America; member, Board of Trustees of the Charleston Museum; and Board of Directors of the Palmetto Safety Council. He is past president of the Charleston Rotary Club, past president and campaign chairman of the Trident United Way, and a past member of the Board of Directors of the Trident Chamber of Commerce, and the Charleston Development Board; and
Whereas, in 1978, he was selected "Man of the Year" by the Association of Citadel Men, and in 1980, he was made an Honorary Life Member in the Association, a designation limited to five living individuals. In June, 1984, he received the Distinguished Public Service Award from the South Carolina Department of the American Legion, and in March, 1987, he was awarded the Good Citizenship Medal from the National Department, Sons of the American Revolution, one of only three South Carolinians to receive this recognition; and
Whereas, The Citadel and the State of South Carolina have been fortunate to have had the services of this brave soldier, exceptional leader, and fine human being; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank Alex Grimsley for his service to the State of South Carolina as President of The Citadel upon the occasion of his upcoming retirement. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly commend Major General James A. Grimsley, Jr., President of The Citadel, for his outstanding leadership of this fine institution upon the occasion of his upcoming retirement, and wish him the very best in all his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Major General Grimsley.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 489 -- Senators J. Verne Smith, Bryan, Stilwell, Thomas and Mitchell: A CONCURRENT RESOLUTION CONGRATULATING THE FURMAN UNIVERSITY FOOTBALL TEAM ON A 13-2 SEASON AND WINNING THE NCAA I-AA NATIONAL CHAMPIONSHIP AFTER DEFEATING GEORGIA SOUTHERN 17-12 IN THE TITLE GAME: CONGRATULATING COACH JIMMY SATTERFIELD ON BEING NAMED KODAK AND FOOTBALL NEWS NATIONAL COACH OF THE YEAR; AND REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT ALONG ALL ROADS WHICH PRESENTLY HAVE SIGNS WELCOMING TRAVELERS INTO THIS STATE SIGNS WHICH RECOGNIZE SOUTH CAROLINA AS THE HOME OF THE NCAA I-AA NATIONAL FOOTBALL CHAMPION, FURMAN UNIVERSITY.
The following Concurrent Resolution was taken up for immediate consideration.
S. 489 -- Senators J. Verne Smith, Bryan, Stilwell, Thomas and Mitchell: A CONCURRENT RESOLUTION CONGRATULATING THE FURMAN UNIVERSITY FOOTBALL TEAM ON A 13-2 SEASON AND WINNING THE NCAA I-AA NATIONAL CHAMPIONSHIP AFTER DEFEATING GEORGIA SOUTHERN 17-12 IN THE TITLE GAME; CONGRATULATING COACH JIMMY SATTERFIELD ON BEING NAMED KODAK AND FOOTBALL NEWS NATIONAL COACH OF THE YEAR; AND REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT ALONG ALL ROADS WHICH PRESENTLY HAVE SIGNS WELCOMING TRAVELERS INTO THIS STATE SIGNS WHICH RECOGNIZE SOUTH CAROLINA AS THE HOME OF THE NCAA I-AA NATIONAL FOOTBALL CHAMPION, FURMAN UNIVERSITY.
Whereas, on December 17, 1988, the Furman University football team completed the greatest season in school history by defeating Georgia Southern 17-12 in the NCAA I-AA title game; and
Whereas, this accomplishment earned the team the national championship for the 1988 season; and
Whereas, this success was achieved through much hard work and overcoming many obstacles on the road to the national championship; and
Whereas, Coach Jimmy Satterfield was recognized for his outstanding coaching abilities by being named Kodak and Football News National Coach of the Year; and
Whereas, this team has accomplished many notable feats this year, including winning more games than any team in the country, leading the nation in scoring defense, and ranking second in rushing defense and fourth in total defense; and
Whereas, Furman shut out four opponents and scored three hundred sixty points while allowing the opposition one hundred forty-two points; and
Whereas, from this championship team there were two All-Americans, including the school's first consensus All-American, and one Academic All-American; and
Whereas, nine players were named All-Southern Conference; and
Whereas, this team won its seventh Southern Conference championship: and
Whereas, this team proved to be one of the greatest surprises and most-improved teams in the country, surpassing its predicted fourth place finish in the Southern Conference to win the national championship and improve from a 7-4 finish in 1988 to 13-2 this year. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, congratulates the Furman University football team on a unprecedented 13-2 season and winning the NCAA I-AA national championship after defeating Georgia Southern 17-12 in the title game; congratulates Coach Jimmy Satterfield on being named Kodak and Football News National Coach of the Year; and requests the Department of Highways and Public Transportation to erect along all roads which presently have signs welcoming travelers into this State signs which recognize South Carolina as the home of the NCAA I-AA National Football Champion, Furman University.
Be it further resolved that copies of this resolution be sent to the Furman University football team in care of Head Coach Jimmy Satterfield, to President John E. Johns of Furman University, and to the Executive Director of the Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following was introduced:
H. 3696 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. LEROY WILSON OF ANDERSON COUNTY WHO DIED MARCH 3, 1989.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3697 -- Reps. Corning and T.M. Burriss: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. BEN NESBIT, PRINCIPAL OF SPRING VALLEY HIGH SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT NO. 2 ON RECEIVING THE 1989 SCHOOL ADMINISTRATOR AWARD FROM THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS IN WASHINGTON, D.C.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 532 -- Senators Mitchell, Gilbert, Patterson, Matthews, Fielding and Nell W. Smith: A CONCURRENT RESOLUTION TO REQUEST THE STATE DEPARTMENT OF EDUCATION TO STUDY AND DEVELOP CRITERIA TO PROVIDE APPROPRIATE RECOGNITION FOR SCHOOL TEACHERS, ADMINISTRATORS, AND EMPLOYEES WHO HAVE ACHIEVED OUTSTANDING ACCOMPLISHMENTS DURING THEIR CAREERS, INCLUDING EXEMPLARY ATTENDANCE RECORDS.
The Concurrent Resolution was ordered referred to Committee on Education and Public Works.
The Senate sent to the House the following:
S. 158 -- Senator McConnell: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF MAY 7-13, 1989, AS SOUTHERN HISTORY WEEK CELEBRATING THE TRUE SPIRIT OF THE SOUTH WHICH HAS LEAD OUR STATE FORWARD IN HONOR, DIGNITY, AND PEACE.
The Concurrent Resolution was ordered referred to Committee on Education and Public Works.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3698 -- Rep. Cork: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF AMERICAN RESEARCH CORPORATION IN BEAUFORT COUNTY.
Without reference.
H. 3699 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-852 SO AS TO CREATE A REBUTTABLE PRESUMPTION IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THAT THE AMOUNT OF THE AWARD WHICH WOULD RESULT FROM THE APPLICATION OF GUIDELINES REQUIRED UNDER SECTION 43-5-580(b) IS THE CORRECT AMOUNT OF CHILD SUPPORT TO BE AWARDED AND PROVIDE UNDER WHICH CONDITIONS THIS PRESUMPTION MAY BE REBUTTED; TO AMEND SECTION 20-7-954, RELATING TO GENETIC TESTS REQUIRED OF THE PARENTS USED FOR APPROVING OR DISAPPROVING PARENTAGE, SO AS TO REQUIRE THAT IN ALL CHILD SUPPORT CASES BROUGHT BY THE CHILD SUPPORT ENFORCEMENT PROGRAM THE CHILD AND ALL PARTIES IN A CONTESTED PATERNITY CASE MUST BE, UPON THE REQUEST OF ANY PARTY, ORDERED BY THE COURT TO SUBMIT TO GENETIC TESTING; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO DEFINITIONS AND PROCEDURES REGARDING THE WITHHOLDING OF INCOME TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, SO AS TO PROVIDE WHEN INCOME WITHHOLDING BEGINS IN TITLE IV-D CASES AND FOR IMMEDIATE WITHHOLDING WAGES IN CERTAIN CASES; TO AMEND SECTION 43-5-540, RELATING TO THE EXEMPTION OF INDIVIDUALS FROM THE REGISTRATION REQUIREMENT IN THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, SO AS TO REDUCE FROM SIX TO THREE THE AGE OF A CHILD WHOSE MOTHER OR OTHER RELATIVE CARING FOR THE CHILD IS EXEMPT; TO AMEND SECTION 43-5-580, RELATING TO THE ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS UNDER THE EMPLOYABLES PROGRAM ACT, SO AS TO REQUIRE THE DEPARTMENT TO ESTABLISH A SCALE OF MINIMUM GUIDELINES WHICH MUST BE APPLIED BY THE COURTS IN DETERMINING THE AMOUNT THAT AN ABSENT PARENT IS EXPECTED TO PAY TOWARD THE SUPPORT OF A DEPENDENT CHILD UNDER THE PROVISIONS OF THE EMPLOYABLES PROGRAM ACT; AND TO AMEND SECTION 43-5-590, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO DELETE THE REQUIREMENT THAT THE FEDERAL GOVERNMENT PROVIDE TITLE IV-D SERVICES FOR A PERIOD OF THREE MONTHS FROM THE MONTH THE FAMILY CEASES TO RECEIVE PUBLIC ASSISTANCE.
Without reference.
H. 3700 -- Reps. Felder, R. Brown, G. Bailey, Nettles, Altman and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-270 SO AS TO DECLARE THAT ALL PSYCHOLOGICAL IMPACTS OR STIGMAS WHICH ARE ASSOCIATED WITH REAL PROPERTY ARE NOT MATERIAL FACTS AND NEED NOT BE DISCLOSED TO A POTENTIAL PURCHASER OR LESSEE.
Referred to Committee on Judiciary.
H. 3701 -- Rep. Felder: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING TEACHER TRAINING PROGRAMS, SO AS TO INCREASE FROM THREE TO FOUR THE NUMBER OF TIMES AN UNDERGRADUATE MAJORING IN EDUCATION MAY TAKE THE BASIC SKILLS EXAMINATION AND PROVIDE CONDITIONS UPON WHICH THE EXAMINATION MAY BE TAKEN FOR THE FOURTH TIME AND TO REQUIRE THAT THE TEST BE ADMINISTERED AT LEAST TWICE YEARLY.
Referred to Committee on Education and Public Works.
H. 3702 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-260 SO AS TO PROVIDE THAT A REAL ESTATE LICENSEE IS AN INDEPENDENT CONTRACTOR FOR WORKERS' COMPENSATION PURPOSES.
Referred to Committee on Labor, Commerce and Industry.
H. 3703 -- Rep. Ferguson: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF SPARTANBURG SCHOOL DISTRICT 7, TO ESTABLISH DEFINED SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THESE MEMBERS MUST BE ELECTED BEGINNING WITH THE 1990 ELECTION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.
Referred to Spartanburg Delegation.
H. 3704 -- Reps. Wilkins, Keesley, J. Rogers, McLellan, Huff, R. Brown, Moss, Bennett, Beasley, Gentry, Hayes, Clyborne, Hodges, Tucker, Wilder, Hendricks, Corning, Barber, Haskins, Rudnick, T.M. Burriss, Rama, Harvin, Jaskwhich, Davenport, Corbett, Vaughn, Hearn, Keegan, Wells, H. Brown, Wofford, Fair, J.W. Johnson, Littlejohn, P. Harris, M.O. Alexander, T. Rogers, Winstead, Mappus, Kay, Manly, Kohn, McAbee, Fant and L. Martin: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 SO AS TO ESTABLISH THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES INCLUDING THE AUTHORITY TO PROMULGATE ADVISORY SENTENCING GUIDELINES FOR THE CIRCUIT COURTS OF THIS STATE.
Referred to Committee on Judiciary.
H. 3705 -- Rep. Farr: A BILL TO PROVIDE FOR NINE MEMBERS OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES, PROVIDE FOR ELECTION OF MEMBERS IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, PROVIDE FOR DEFINED SINGLE-MEMBER ELECTION DISTRICTS WITH ONE TRUSTEE EACH, PROVIDE FOR THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES ON THE BOARD, PROVIDE FOR THE EXPIRATION OF THE TERMS OF CURRENT MEMBERS, AND PROVIDE THAT IF A MEMBER OF THE BOARD MOVES HIS RESIDENCE FROM THE SINGLE-MEMBER ELECTION DISTRICT FROM WHICH HE WAS ELECTED, HIS OFFICE BECOMES VACANT AUTOMATICALLY; AND TO REPEAL ACTS 615 AND 616 OF 1984, RELATING TO THE UNION COUNTY BOARD OF SCHOOL TRUSTEES AND NONPARTISAN ELECTIONS, TERMS OF OFFICE OF THE MEMBERS SO ELECTED, THE MANNER IN WHICH THE NONPARTISAN ELECTIONS MUST BE CONDUCTED, AND THE MANNER IN WHICH VACANCIES MUST BE FILLED.
Referred to Union Delegation.
H. 3706 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-260 SO AS TO PROVIDE THAT PETROLEUM PRODUCTS MAY BE STORED ABOVE GROUND, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE STATE FIRE MARSHAL.
Referred to Committee on Agriculture and Natural Resources.
H. 3707 -- Rep. Nettles: A BILL TO AMEND SECTION 38-77-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND DESIGNATED PRODUCERS, SO AS TO PROVIDE THAT AN APPLICANT MAINTAINING MULTIPLE OFFICES ON JUNE 4, 1987, IS ENTITLED TO MAINTAIN MULTIPLE LOCATIONS AS A DESIGNATED AGENT FOR EACH LOCATION HE OWNED AND OPERATED AT THAT TIME AND THROUGH WHICH PREMIUMS OF A CERTAIN AMOUNT WERE WRITTEN.
Rep. NETTLES asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Labor, Commerce and Industry.
S. 4 -- Senator Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 31 SO AS TO ENACT THE SOUTH CAROLINA FAIR HOUSING LAW AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. G. BAILEY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Labor, Commerce and Industry.
S. 49 -- Senators Martschink, Drummond, Patterson, Bryan, Giese, Helmly, Passailaigue, Wilson and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-15 SO AS TO PROVIDE SPECIAL TESTING ARRANGEMENTS FOR STUDENTS WITH DISABILITIES WHO TAKE THE HIGH SCHOOL EXIT EXAM.
Referred to Committee on Education and Public Works.
S. 326 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF POINTS FOR HUNTING AND FISHING VIOLATIONS, SO AS TO PROVIDE FOR THE ASSESSMENT OF POINTS FOR HUNTING WATERFOWL OUT OF POSTED SEASON AND FOR TAKING MORE THAN ONE WATERFOWL OVER THE LEGAL LIMIT.
Referred to Committee on Agriculture and Natural Resources.
S. 504 -- Fish, Game and Forestry Committee: A BILL TO AMEND CHAPTER 16, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPORTATION OF WILDLIFE, SO AS TO SPECIFY THE SPECIES OR GROUPS OF SPECIES OF NONDOMESTIC ANIMALS WHOSE IMPORTATION IS REGULATED AND WHICH ANIMALS ARE EXEMPT FROM REGULATION.
Referred to Committee on Agriculture and Natural Resources.
Rep. McABEE asked unanimous consent to take the following Concurrent Resolution up for immediate consideration.
Rep. WASHINGTON objected.
H. 3708 -- Rep. McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE STATE ROAD S. 341 IN MCCORMICK COUNTY AS "MCCARTY DRIVE."
The Concurrent Resolution was ordered referred to Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Faber Fair Fant Farr Felder Ferguson Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harwell Hayes Hearn Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Smith Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on March 16, 1989.
Ed Simpson D. Elliott R.L. Altman Joseph T. McElveen C. Lenoir Sturkie J.E. Lockemy J.J. Snow L.L. Koon C.A. Harvin Robert A. Kohn
STATEMENT OF ATTENDANCE
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 Wednesday, March 15, 1989.
The SPEAKER granted Rep. HASKINS a leave of absence for the day to appear in court.
Announcement was made that Dr. Harmon Patrick, M.D. of Winnsboro is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3600 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1989 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A SALARY AND FRINGE BENEFIT SURVEY FOR AGENCY HEADS BE CONDUCTED EVERY THREE YEARS; TO PROVIDE NO EMPLOYEE OF AGENCIES REVIEWED BY THE AGENCY HEAD SALARY COMMISSION SHALL RECEIVE IN EXCESS OF 95% OF THE MIDPOINT OF THE AGENCY HEAD SALARY RANGE OR THE AGENCY HEAD ACTUAL SALARY, WHICHEVER IS GREATER; TO PROVIDE THAT AGENCY HEAD SALARIES MAY BE ADJUSTED TO THE MINIMUM OF THEIR SALARY RANGES; TO PROVIDE THAT AGENCY HEAD SALARIES BE ADJUSTED UP TO THE MIDPOINTS OF THEIR RESPECTIVE SALARY RANGES BASED ON CRITERIA DEVELOPED AND APPROVED BY THE AGENCY HEAD SALARY COMMISSION; AND TO PROVIDE THAT ALL NEW MEMBERS OF GOVERNING BOARDS WHERE THE PERFORMANCE OF THE AGENCY HEAD IS REVIEWED BY THE AGENCY HEAD SALARY COMMISSION SHALL ATTEND PERFORMANCE APPRAISAL TRAINING WITHIN THE FIRST YEAR OF THEIR APPOINTMENT; TO AMEND TITLE 44, CHAPTER 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION BY ADDING SECTION 44-6-230 THROUGH 44-6-250 SO AS TO CREATE A HUMAN SERVICES COORDINATING COUNCIL; TO AMEND SECTION 7-13-1810 OF THE 1976 CODE, RELATING TO THE MECHANICAL MODEL OF A PORTION OF THE FACE OF A VOTING MACHINE REQUIRED AT THE POLLS ON ELECTION DAY FOR THE INSTRUCTION OF VOTERS, SO AS TO ALLOW A PAPER FACSIMILE OF THE FACE OF THE VOTING MACHINE TO BE SUBSTITUTED FOR THE MODEL; TO AMEND THE 1976 CODE BY ADDING SECTION 12-27-1285 SO AS TO PROVIDE THAT ONLY THE STATUTORILY ENUMERATED FACTORS MAY BE USED IN DETERMINING PROJECT PRIORITIES UNDER THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY, TO REQUIRE THE STATUTORILY ENUMERATED FACTORS TO BE GIVEN EQUAL WEIGHT IN ESTABLISHING PRIORITIES, TO PROHIBIT THE MERGING OF THE SOCIOECONOMIC AND TRANSPORTATION FACTOR PRIORITY LISTS, AND TO REQUIRE THE SELECT OVERSIGHT COMMITTEE TO INCLUDE IN ITS ANNUAL REPORT TO THE GENERAL ASSEMBLY THE SEPARATELY UPDATED SOCIOECONOMIC AND TRANSPORTATION FACTOR PRIORITY LISTS; TO AMEND SECTION 59-3-90 OF THE 1976 CODE, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO REQUIRE THAT THESE PROGRAMS INCLUDE OR INCORPORATE A PROGRAM FOR TRAINING TEACHERS AND STAFF IN TEACHING HIGHER ORDER THINKING AND PROBLEM-SOLVING; TO AMEND THE 1976 CODE BY ADDING SECTION 59-18-22 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION, IN CONSULTATION WITH THE STATE BOARD OF EDUCATION TO ESTABLISH A CENTER FOR THE ADVANCEMENT OF TEACHING AND SCHOOL LEADERSHIP, TO PROVIDE FOR THE CENTER'S PURPOSE AND RESPONSIBILITIES; TO AMEND SECTION 1-1-1210 OF THE 1976 CODE, RELATING TO THE SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND OTHER STATEWIDE ELECTED CONSTITUTIONAL OFFICERS, SO AS TO INCREASE THEIR SALARIES EFFECTIVE WHEN THEY ASSUME OFFICE IN 1991 AND TO PROHIBIT STATEWIDE ELECTED CONSTITUTIONAL OFFICERS FROM RECEIVING COMPENSATION FOR EX OFFICIO SERVICE ON STATE BOARDS, COMMITTEES, AND COMMISSIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-455 SO AS TO PROVIDE FOR A PROGRAM TO BE SELECTED OR ADAPTED WHICH IS EFFECTIVE IN SUPPORTING A PARENT OR GUARDIAN IN HIS ROLE AS THE PRINCIPAL TEACHER OF HIS PRESCHOOL CHILDREN AND FOR ITS IMPLEMENTATION; TO AMEND THE 1976 CODE BY ADDING SECTION 59-65-100 SO AS TO REQUIRE THE STATE BOARD OF EDUCATION, WITH THE CONSULTATION AND ASSISTANCE OF THE EIA SELECT COMMITTEE, TO PROVIDE FOR THE DESIGN OF AND TESTING OF PROGRAMS TO REDUCE AND RECOVER SCHOOL DROPOUTS, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL FUND THE PROGRAM, TO PROVIDE FOR A FIVE-YEAR PHASE-IN OF THE PROGRAM BEGINNING WITH THE 1989-90 SCHOOL YEAR AND ENDING WITH STATEWIDE FUNDING IN THE 1993-94 FISCAL YEAR, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS BEGINNING WITH THE 1991-92 SCHOOL YEAR REQUIRING SCHOOL DISTRICTS TO DEVELOP AND IMPLEMENT DROPOUT PREVENTION AND RECOVERY PLANS FOUND EFFECTIVE DURING THE TESTING PROCESS, TO ALLOW THE BOARD TO WAIVE THE REGULATIONS UPON REQUEST OF A DISTRICT WHEN A WAIVER RATIONALLY RELATES TO PROGRAM SUCCESS, AND TO PROVIDE FOR THE DISTRIBUTION FORMULA FOR PROGRAM FUNDS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-29-220 SO AS TO PROVIDE A DISCIPLINE-BASED ARTS EDUCATION CURRICULUM FOR SCHOOLS OF THE STATE; TO AMEND SECTION 59-18-20 OF THE 1976 CODE, RELATING TO COMPETITIVE GRANT PROGRAMS FOR SCHOOLS, SO AS TO ESTABLISH A COMPETITIVE STATEWIDE INNOVATION GRANTS PROGRAM AND A COMMITTEE TO EVALUATE, REVIEW, AND RECOMMEND GRANTS, A LIMITATION ON GRANT AMOUNTS, AND TO PROVIDE FOR IMPLEMENTATION OF THE PROGRAM; TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-185, SO AS TO PROVIDE FOR ANNUAL INCREASES IN THE COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY BEGINNING WITH THE 1991 SESSION OF THE GENERAL ASSEMBLY AND TO PROVIDE THAT THE INCREASE MUST BE THE SAME PERCENTAGE OF THE COST OF LIVING ADJUSTMENT FOR STATE EMPLOYEES' SALARIES IN THE LAST COMPLETED FISCAL YEAR BEFORE THE APPLICABLE SESSION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-452 SO AS TO ESTABLISH THE PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM; TO AMEND SECTION 50-1-150 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF HUNTING AND FISHING LICENSE FEES AND FINES AND FORFEITURES FOR HUNTING AND FISHING VIOLATIONS, SO AS TO PROVIDE THAT FUNDS CREDITED TO THE GAME PROTECTION FUND MAY BE EXPENDED FOR CAPITAL EXPENDITURES FOR RECREATIONAL PURPOSES AND TO PROVIDE THAT UPON APPROVAL BY A MAJORITY OF THE COUNTY LEGISLATIVE DELEGATION DISBURSEMENTS FOR CAPITAL EXPENDITURES FOR RECREATIONAL PURPOSES MUST BE MADE AS REQUESTED AND SUBJECT TO NO OTHER REVIEW OR APPROVAL BY THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES;
H. 3015 -- Reps. Sturkie and Corning: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 93 SO AS TO PROVIDE FOR THE DISPOSAL AND TREATMENT OF HAZARDOUS INFECTIOUS WASTE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
H. 3209 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCREASE IN WORKERS' COMPENSATION WHICH IS NOT PAID WHEN DUE, SO AS TO SHORTEN THE PERIOD BEFORE WHICH FURTHER MONIES MUST BE ADDED TO AN UNPAID INSTALLMENT OR PAYMENT OF COMPENSATION, AND CHANGE THE PENALTY FROM TEN PERCENT OF THE UNPAID AMOUNT TO TWENTY-FIVE PERCENT THEREOF OR A MINIMUM OF TWENTY-FIVE DOLLARS, AND TO AMEND SECTION 42-9-230, RELATING TO THE DATE ON WHICH WORKERS' COMPENSATION PAYABLE UNDER THE TERMS OF AN AGREEMENT BECOMES DUE, SO AS TO PROVIDE THAT INSTALLMENTS PAID WEEKLY MUST BE PAID ON THE SAME DAY OF THE WEEK, INSTALLMENTS PAID MONTHLY MUST BE PAID ON THE SAME DAY OF THE MONTH, AND INSTALLMENTS PAID ON SOME PERIOD OTHER THAN WEEKLY OR MONTHLY MUST BE PAID ON THE SAME DAY OF EACH PERIOD.
H. 3014 -- Rep. J. Rogers: A BILL TO AMEND SECTION 42-9-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION BENEFITS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS OR PARTIAL DEPENDENTS, SO AS TO PROVIDE THAT IF THE DECEASED EMPLOYEE LEAVES NO DEPENDENTS, THE EMPLOYER SHALL PAY THE COMMUTED AMOUNTS PROVIDED FOR IN SECTION 42-9-290 FOR WHOLE DEPENDENTS, LESS BURIAL EXPENSES WHICH MUST BE DEDUCTED FROM THOSE COMMUTED AMOUNTS, TO HIS SURVIVING NONDEPENDENT CHILDREN AND TO PROVIDE FOR PAYMENT WHEN THERE ARE NO SURVIVING NONDEPENDENT CHILDREN; TO AMEND SECTION 42-9-280, RELATING TO THE PAYMENT OF THE UNPAID BALANCE OF WORKERS' COMPENSATION WHEN THE EMPLOYEE DIES, SO AS TO PROVIDE THAT THE PAYMENT OF THE UNPAID BALANCE MUST BE MADE IN ACCORDANCE WITH SECTION 42-9-140, RATHER THAN BEING MADE TO THE DECEASED EMPLOYEE'S "NEXT OF KIN DEPENDENT UPON HIM FOR SUPPORT"; AND TO AMEND SECTION 42-9-290, AS AMENDED, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE THAT IF A STUDENT'S FULL-TIME ENROLLMENT IN AN ACCREDITED EDUCATIONAL INSTITUTION ENDS, THE CHILD NO LONGER IS CONSIDERED A DEPENDENT, RATHER THAN PROVIDE THAT BENEFITS TERMINATE PERMANENTLY, AND PROVIDE THAT WHEN ALL THE DECEASED EMPLOYEE'S CHILDREN ARE NO LONGER DEPENDENT, THE REMAINDER OF THE BENEFITS MUST BE DIVIDED EQUALLY AMONG ALL THE CHILDREN.
H. 3359 -- Rep. Corning: A BILL TO AMEND SECTION 56-5-6140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MAIL MOVING TRAFFIC CHARGES AGAINST AN UNEMANCIPATED MINOR TO HIS PARENT OR GUARDIAN, SO AS TO DELETE THE REFERENCE TO AN UNEMANCIPATED MINOR, TO PROVIDE FOR THE SECTION TO APPLY TO A PERSON UNDER EIGHTEEN YEARS OF AGE, TO REQUIRE THE NOTICE TO BE MAILED TO THE OWNER OF THE VEHICLE, AND TO DELETE NOTICE TO THE PARENT OR GUARDIAN.
H. 3643 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO INSURANCE HOLDING COMPANY SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1075, PURSUANT TO THE PROVISIONS OF ARTICLE I, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3644 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE MINIMUM STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1063, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 298 - Judiciary Committee: A BILL TO AMEND SECTION 38-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR JUDICIAL REVIEW OF ORDERS OR DECISIONS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT APPEALS FROM THESE ORDERS OR DECISIONS MUST BE HEARD IN THE COURT OF COMMON PLEAS OF RICHLAND COUNTY BUT MAY BE BROUGHT IN ANY COUNTY.
The SPEAKER granted Rep. ALTMAN a leave of absence for the remainder of the day to attend a Highway Commission meeting.
The following Joint Resolution was taken up.
S. 246 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND JURIES, PETIT JURIES, AND THE STATE GRAND JURY, AND TO SECTION 11, ARTICLE I OF THE CONSTITUTION, RELATING TO INDICTMENTS BY COUNTY GRAND JURIES AND THE STATE GRAND JURY SO AS TO RESTRICT THE JURISDICTION OF THE STATE GRAND JURY TO CRIMES INVOLVING NARCOTICS, DANGEROUS DRUGS, OR CONTROLLED SUBSTANCES AND CRIMES INVOLVING OBSCENITY OR ANY ATTEMPT, SOLICITATION, OR CONSPIRACY TO COMMIT ANY OF THESE CRIMES IF THE CRIMES ARE OF A MULTI-COUNTY NATURE OR HAVE TRANSPIRED, ARE TRANSPIRING, OR HAVE SIGNIFICANCE IN MORE THAN ONE COUNTY OF THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 22 of Article V of the Constitution of this State be amended to read:
"Section 22. The petit jury of the Circuit Court shall consist of twelve members and the number of jurors of other courts must be determined by law. All jurors in any trial court must agree to a verdict in order to render the same. The grand jury of each county, and the state grand jury, as the General Assembly may establish by general law, shall consist of eighteen members, twelve of whom must agree in a matter before it can be submitted to the Court. The jurisdiction of the state grand jury is restricted to crimes involving narcotics, dangerous drugs, or controlled substances and crimes involving obscenity or any attempt, solicitation, or conspiracy to commit any of these crimes if the crimes are of a multi-county nature or have transpired, are transpiring, or have significance in more than one county of this State. Each juror must be a resident of this State and have such other qualifications as the General Assembly may prescribe."
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 22 of Article V of the Constitution of this State be amended so as to restrict the jurisdiction of the state grand jury to crimes involving narcotics, dangerous drugs, or controlled substances and crimes involving obscenity or any attempt, solicitation, or conspiracy to commit any of these crimes if the crimes are of a multi-county nature or have transpired, are transpiring, or have significance in more than one county of this State?
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'."
SECTION 3. It is proposed that Section 11 of Article I of the Constitution of this State be amended to read:
"Section 11. No person may be held to answer for any crime the jurisdiction over which is not within the magistrate's court, unless on a presentment or indictment of a grand jury of the county where the crime has been committed, except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger. The General Assembly may provide for the waiver of an indictment by the accused. Nothing contained in this Constitution is deemed to limit or prohibit the establishment by the General Assembly of a state grand jury with that jurisdiction as provided in Section 22 of Article V with the authority to return indictments irrespective of the county where the crime has been committed and that other authority, including procedure, as the General Assembly may provides."
SECTION 4. 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 11 of Article I of the Constitution of this State be amended so as to provide that the jurisdiction of the state grand jury must be as provided in Section 22 of Article V of the Constitution of this State?
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'."
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 Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Boan Brown, H. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Gentry Gordon Gregory Hallman Harris, J. Harris, P. Hayes Hearn Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Kirsh Klapman Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McLellan Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Winstead Wofford Wright
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.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 222 -- Judiciary Committee: A BILL TO AMEND SECTION 36-9-103, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFECTION OF SECURITY INTEREST IN MULTIPLE-STATE TRANSACTIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS PERFECTION AND THE EFFECT OF PERFECTION OR NONPERFECTION OF A SECURITY INTEREST IN COLLATERAL ARE GOVERNED BY THE LAW OF THE JURISDICTION WHERE THE COLLATERAL IS WHEN THE LAST EVENT OCCURS ON WHICH IS BASED THE ASSERTION THAT THE SECURITY INTEREST IS PERFECTED OR NONPERFECTED.
S. 33 -- Senator Waddell: A BILL TO AMEND SECTION 1-11-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY TRANSACTIONS OF GOVERNMENTAL BODIES OF THE STATE, SO AS TO PROVIDE FOR THE FILING OF A CERTIFICATE OF APPROVAL WITH THE DEED AND TO REQUIRE GIFTS OF PERSONAL PROPERTY TO BE ACCOMPANIED BY AN ACKNOWLEDGMENT OF ACCEPTANCE.
Rep. WILKINS explained the Bill.
The following Bill was taken up.
H. 3301 -- Reps. Rudnick, Kirsh, Whipper, Harvin and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.
Reps. KLAPMAN, McCAIN, COLE, LITTLEJOHN and VAUGHN objected to the Bill.
The following Bill was taken up.
H. 3314 -- Reps. Rama, G. Bailey, Littlejohn, Hearn, Mappus, J. Bailey and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF SPECIAL PURPOSE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1938U), which was adopted.
Amend the bill, as and if amended, by striking Section 6-11-295, as contained in SECTION 1, and inserting:
/Section 6-11-295. Violations of ordinances or regulations of special purpose districts or public service districts relating to garbage or trash collection are unlawful, and a person convicted of a violation is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than fifty dollars or imprisoned for not more than ten days./
Amend title to conform.
Rep. SHORT explained the amendment.
Reps. CORNING and SIMPSON objected to the Bill.
The amendment was then adopted.
Rep. T.M. BURRISS objected to the Bill.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 21, which was adopted.
S. 245 -- Judiciary Committee: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE REGISTER, SO AS TO REQUIRE A STATE AGENCY TO GIVE NOTICE OF THE OPPORTUNITY FOR AN ORAL HEARING AND TO REQUIRE A HEARING NO SOONER THAN THIRTY DAYS FROM PUBLICATION OF THE NOTICE IN THE STATE REGISTER IF REQUESTED BY TWENTY-FIVE PERSONS AND TO PROVIDE THAT A REGULATION BECOMES EFFECTIVE ONE HUNDRED TWENTY DAYS AFTER SUBMISSION TO THE GENERAL ASSEMBLY IF A RESOLUTION TO APPROVE OR DISAPPROVE IT IS NOT ENACTED WITHIN THAT TIME PERIOD.
Rep. R. BROWN moved to adjourn debate upon the following Bill until Tuesday, April 4, which was adopted.
H. 3695 -- Labor, Commerce and Industry: A BILL TO AMEND SECTIONS 38-77-30, AS AMENDED, 38-77-150, 38-77-160, AS AMENDED, 38-77-110, 38-77-140, 38-73-735, 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-910, 38-77-950, AS AMENDED, 38-77-280, AS AMENDED, 38-77-112, AS AMENDED, 38-77-580, AS AMENDED, 38-77-620,38-77-920, 38-57-130, 38-55-170, 38-73-1210, 38-73-455, AS AMENDED, 38-77-590, AS AMENDED, 38-73-457, AS AMENDED, AND 38-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S INSURANCE LAWS, 56-9-330, 56-10-240, AS AMENDED,56-10-40, 56-10-280, 56-1-80, AND 56-3-1350, RELATING TO THE MOTOR VEHICLE LAWS, 37-6-604 AND 37-6-605, RELATING TO THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, 16-11-125, RELATING TO THE CRIME OF MAKING FALSE CLAIM OR STATEMENT IN SUPPORT OF A CLAIM TO OBTAIN INSURANCE BENEFITS FOR FIRE OR EXPLOSION LOSS, 16-11-130, RELATING TO THE CRIME OF BURNING PERSONAL PROPERTY TO DEFRAUD AN INSURER, 23-41-30, RELATING TO THE ARSON REPORTING-IMMUNITY ACT AND THE RELEASE OF INFORMATION BY AN INSURANCE COMPANY, AND ACT 683 OF 1988, RELATING TO THE WAITING PERIOD REQUIRED BY SECTION 38-73-960 AND ITS EXTENSION BY THE CHIEF INSURANCE COMMISSIONER, AND BY ADDING SECTIONS 38-77-341, 34-3-110, 38-77-114, 38-73-467, 38-77-25, 38-73-545, 38-73-550, 38-73-555, 38-77-111, 38-77-113, 38-73-1370, 98-73-1380, 38-73-1400, 38-73-1410, AND 38-73-1420 AND ARTICLE 48 TO CHAPTER 5, TITLE 56 (SAFETY BELTS AND PENALTY), SO AS TO ENACT THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989"; TO DELETE SUBSECTION (E) OF SECTION 38-77-280, RELATING TO AUTHORIZATION FOR INSURERS OF AUTOMOBILE INSURANCE TO CHARGE A RATE FOR PHYSICAL DAMAGE INSURANCE COVERAGES DIFFERENT FROM THOSE PROVIDED FOR ELSEWHERE IN THE INSURANCE CODE AND TO THE PROVISION THAT NO POLICY OF AUTOMOBILE INSURANCE WHICH INCLUDES PHYSICAL DAMAGE INSURANCE COVERAGES OFFERED TO AN APPLICANT OR EXISTING POLICYHOLDER PURSUANT TO THIS SUBSECTION MAY BE CEDED TO THE REINSURANCE FACILITY: TO REPEAL SECTIONS 38-77-240, 38-77-250, 38-77-260, 38-77-270, 38-77-290, 38-77-300, AND 38-77-310, RELATING TO AUTOMOBILE INSURANCE: TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME IN SECTION 16-11-125 (IF THE CLAIM IS FIVE HUNDRED DOLLARS OR MORE), THE CRIMES IN SECTION 16-11-130, AND THE CRIMES RELATING TO WILFULLY INCLUDING IN A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILING ANY EXPENSE OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES (EXCEPT UNDER CERTAIN CIRCUMSTANCES), OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES OF INSURANCE (EXCEPT UNDER CERTAIN CONDITIONS), OR RELATING TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARE NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN THE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO CAUSE TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLEMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE AND AT LEAST ANNUALLY AFTER THE SALE, AND REQUIRING THE CHIEF INSURANCE COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.
Rep. KLAPMAN withdrew his objection to H. 3461 however, other objections remained upon the Bill.
Rep. McEACHIN asked unanimous consent to recall H. 3707 from the Committee on Labor, Commerce and Industry.
Rep. KLAPMAN objected.
On motion of Rep. McABEE, with unanimous consent, the following Resolution was ordered recalled from the Committee on Invitations and Memorial Resolutions.
H. 3708 -- Rep. McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE STATE ROAD S. 341 IN MCCORMICK COUNTY AS "MCCARTY DRIVE."
On motion of Rep. McABEE, with unanimous consent, the following was taken up for immediate consideration:
H. 3708 -- Rep. McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE STATE ROAD S. 341 IN MCCORMICK COUNTY AS "MCCARTY DRIVE."
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is requested to designate State Road S. 341 in McCormick County as "McCarty Drive".
Be it further resolved that appropriate markers be erected to indicate this designation.
Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Highways and Public Transportation.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. FARR, with unanimous consent, the following was taken up for immediate consideration:
H. 3709 -- Rep. Farr: A CONCURRENT RESOLUTION COMMENDING DR. MARIE K. GRIFFIN OF UNION COUNTY FOR HER OUTSTANDING DEDICATION AND SERVICE TO PUBLIC EDUCATION WHICH CAUSED HER TO BE RECOGNIZED AT THE SOUTH CAROLINA ASSOCIATION OF ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS WINTER CONFERENCE AT HILTON HEAD, MARCH 9-12, 1989.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3388 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-135 SO AS TO PROVIDE THAT THE SEPARATELY MAINTAINED HEALTH INSURANCE AND DENTAL INSURANCE ACCOUNTS IN THE STATE TREASURY MAY BE COMMINGLED FOR THE PURPOSES OF PAYING CLAIMS.
Rep. McLELLAN moved to adjourn debate upon the Senate Amendments until Tuesday, March 21, which was adopted.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3102 -- Reps. Wilkins and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-11-85 SO AS TO PROVIDE THAT APPEALS FROM FINAL JUDGMENTS BY A MASTER ARE TO THE CIRCUIT COURT UNLESS THE CIRCUIT COURT'S ORDER OF REFERENCE PROVIDES FOR A DIRECT APPEAL TO THE SUPREME COURT OR THE PARTIES CONSENT IN WRITING TO A DIRECT APPEAL TO THE SUPREME COURT AT THE TIME THE ORDER OF REFERENCE WAS ENTERED OR THE PARTIES CONSENT TO A DIRECT APPEAL TO THE SUPREME COURT ON THE RECORD AT THE HEARING BEFORE THE MASTER.
Rep. WILKINS explained the amendment.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. LIMEHOUSE moved that the House do now adjourn, which was rejected by a division vote of 51 to 62.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. STURKIE having the floor.
H. 3053 -- Reps. Kirsh and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3885 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE IN THIS STATE WHICH HAS AFFIXED TO IT AN OBSCENE BUMPER STICKER AND TO PROVIDE PENALTIES FOR VIOLATION.
Rep. STURKIE continued speaking and moved to adjourn debate upon the Bill until Wednesday, March 22, which was adopted.
Rep. McEACHIN moved to dispense with the Motion Period.
As a first substitute Rep. NETTLES moved to recall H. 3316 from the Ways and Means Committee.
As a second substitute Rep. WINSTEAD moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. HUFF moved that when the House adjourns it adjourn in memory of Daniel Cowart, which was agreed to.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of Amendment No. 2, Rep. BAKER having the floor.
H. 3383 -- Reps. Keyserling, Sheheen, Wilkins, McEachin, J.W. Johnson, Huff and McLellan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Debate was resumed on Amendment No. 2, which was proposed on Wednesday, March 8, by Rep. BAKER.
Rep. BAKER continued speaking.
Rep. CORNING moved that the House do now adjourn.
Rep. McGINNIS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. BAKER continued speaking.
Rep. CARNELL moved that the House do now adjourn.
Rep. SHARPE 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.
The question then recurred to the motion that the House do now adjourn.
Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 75 to 16.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 2, Rep. BAKER having the floor.
The Senate returned to the House with concurrence the following:
H. 3423 -- Reps. Keyserling, J. Harris, T. Rogers and H. Brown: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1989 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1989 SOUTH CAROLINA FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 5, 1989, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1989 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
H. 3696 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. LEROY WILSON OF ANDERSON COUNTY WHO DIED MARCH 3, 1989.
H. 3697 -- Reps. Corning and T.M. Burriss: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. BEN NESBIT, PRINCIPAL OF SPRING VALLEY HIGH SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT NO. 2 ON RECEIVING THE 1989 SCHOOL ADMINISTRATOR AWARD FROM THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS IN WASHINGTON, D.C.
At 10:55 A.M. the House in accordance with the motion of Rep. HUFF adjourned in memory of Daniel Cowart, to meet at 10:00 A.M. tomorrow.
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