South Carolina General Assembly
106th Session, 1985-1986
Journal of the House of Representatives

WEDNESDAY, JANUARY 15, 1986

Wednesday, January 15, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

You have given to us, Heavenly Father, unique opportunities of service: opportunities to serve our God and to serve our fellowbeings. Make us diligent and steadfast in our offices that we may serve aright. Help us to know that one can never lead a person to a higher plateau than the one on which he is on, and that a leader cannot lead effectively unless he has learned to follow. Keep us constant learners, knowing always that to get along well with others is not a gift but rather that it is an achievement.

Inspire us by Your Word, and may we walk in the paths hewn in the rocks of Your unchanging truths. 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 Rep. D. MARTIN.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

REPORT RECEIVED

The following was received.

SOUTH CAROLINA
Public Service Merit Selection Panel

January 13, 1986
Honorable Ramon Schwartz, Jr.
Speaker of the House of Representatives
509A Blatt Building
Columbia, South Carolina 29211

Re:     Public Service Commission Nominations for Districts 1, 2, 3, 4, 5, 6 and At-Large for four year terms commencing July 1, 1986 from S.C. Public Service Merit Selection Panel
Dear Ramon:

Since early September of 1985, the South Carolina Public Service Merit Selection Panel, which consists of eleven members who were chosen by the Governor of the State of South Carolina and the General Assembly, has been at work on its mandated task of choosing persons from the State of South Carolina to be selected for nomination to the Public Service Commission from Districts 1 thru 6 and At-Large for a four year term which begins July 1, 1986.

As set forth in Section 5 of the Joint Acts and Resolutions passed by the General Assembly in 1979, the Panel was given the following guidelines:

"In selecting such persons for nomination to the Public Service Commission the panel shall seek to establish a commission which shall be broadly representative of the people of the State, men and women of ability and dedication with compassion and common sense. In selecting persons for nomination to the Public Service Commission, the Merit Selection Panel shall consider the knowledge and experience of the potential appointees in such varied fields as business, government, accounting, law,engineering, statistics, consumer affairs and finance. In making its recommendation the Merit Selection Panel shall seek to find the best qualified people giving due consideration to their ability and integrity."

Our Panel now wishes to report to the Senate of the State of South Carolina and the House of Representatives of the State of South Carolina as provided by law that the Panel has now completed its work of nominating candidates for election to Districts 1 thru 6 and At-Large by the General Assembly as set forth above. The following-named individuals have been nominated by the Panel for submission to the General Assembly. For your information and the information of the Senate and House, I am enclosing their names, their addresses, telephone numbers and occupations.

DISTRICT 1

Mrs. Marjorie Amos-Frazier     Mr. Thomas F. Fressilli
Public Service Commissioner     Electrical Engineer
Congressional District #1     886 Evans Road
361 Ashley Avenue     Charleston, S.C. 29412
Charleston, S.C. 29403     Telephone #795-1167
Telephone #723-0054

DISTRICT 2

Mr. Thomas C. Church     Mr. Henry G. Yonce
Sales     Member, S.C. Public
501 Mill Creek     Service Commissioner
Lexington, S.C. 29072     2401 Pinetops Road
Telephone #359-4785     Columbia, S.C. 29210

Telephone #798-4112

DISTRICT 3

Mr. Guy Butler     Mr. William H. Carr
S.C. Public Service     Consulting Engineer
Commissioner     1071 Donna Street
210 East Northside Drive     Williston, S.C. 29853
Greenwood, S.C. 29646     Telephone #266-7776
Telephone #229-5400

DISTRICT 4

Mr. Fred A. Fuller, Jr.     Mr. John E. Bartus
Member, S.C. Public     Corporate Energy
Service Commission     Manager
1729 N. Main Street     310 Vesper Circle
Greenville, S.C. 29609     Mauldin, S.C. 29662
Telephone #233-2240     Telephone #288-3046

Mrs. Linda C. Garner
Controller
4 Old Mill Road
Taylors, S.C. 29687
Telephone #244-4205

DISTRICT 5

Mr. Cecil A. Bowers     Mr. Donald W. Stewart
Commissioner, S.C. Public     President, Duro
Service Commission     Products, Inc.
807 Kirkwood Circle     P.O. Box 147
Camden, S.C. 29020     Cross Hill, S.C. 29332
Telephone #432-2798     Telephone #998-3821

DISTRICT 6

Mrs. Caroline H. Maass     Mr. E. Flynn Menius, Jr.
Commissioner, S.C. Public     Electrical Engineer
Service Commission     423 Richardson Circle W.
P.O. Box 837     Hartsville, S.C. 29550
Pawleys Island, S.C. 29585     Telephone #332-8502
Telephone #237-4513

AT-LARGE

Mr. Aaron A. Brown     Mr. John M. Lawson
President, Brown Insurance     Energy Analyst
Marketing Corporation     611 Waccamaw Ave. #33
115 Sweetbriar Road     P.O. Box 5414
Summerville, S.C. 29483     Columbia, S.C. 29250
Telephone #871-0191     Telephone #254-9110

Mr. Rudolph Mitchell
Member, S.C. Public
Service Commission
Route 1, Box 152
Saluda, S.C. 29138
Telephone #445-8798

In sending these nominations to the General Assembly, the Panel would also like to inform you that each of the nominees received at least eight votes from the Committee as required by law, and further, the Panel unanimously as required by law agreed to send a maximum number of three nominations from the At-Large District and District 4.

These nominations are being made to you after much screening, character checks on each of the nominees by the South Carolina Law Enforcement Division and personal interviews and public testimony by each of the nominees. In also carrying out our assignment, the Panel gave the public opportunity to be heard with reference to the candidates who were seeking nomination, and input into the type of Commissioners they would like to see from Districts 1 thru 6 and At-Large.

A total of seventy-nine candidates applied for nomination to the Public Service Commission from Districts 1 thru 6 and At-Large, and after a great deal of time devoted to the screening process, we have reduced the number to those hereinabove referred to. All of the nominees have been informed that under the present law as it now stands the term they are being nominated for as a new Commissioner will run from July 1, 1986 until June 30, 1990.

On behalf of the South Carolina Public Service Merit Selection Panel, it is my pleasure to report our work is now completed at this time. If you need any further information or we can be of additional help to you, please let us know.

With kindest personal regards, I am

Yours very truly,
SOUTH CAROLINA PUBLIC SERVICE MERIT SELECTION PANEL
B.O. Thomason, Jr., Chairman.

Received as information.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3258 -- Rep. Schwartz: A CONCURRENT RESOLUTION TO CONGRATULATE THE FAMILY OF JIM ED AND EVELINA FARMER OF SUMTER COUNTY ON BEING NAMED REGIONAL FAMILY OF THE YEAR BY THE FAMILY OF THE YEAR SELECTION COMMITTEE AND TO EXTEND BEST WISHES FOR FUTURE SUCCESS.

H. 3262 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE HAROLD M. "HAL" KENNEDY, JR., AGENT-IN-CHARGE OF THE CLARENDON COUNTY OFFICE OF THE STATE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS, UPON BEING NAMED AGENT OF THE YEAR FOR 1985 AND THE RECIPIENT OF THE MARK HART PROBATION AND PAROLE AGENT OF THE YEAR AWARD FROM THE ALSTON WILKES SOCIETY.

H. 3263 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MARIE ELIZABETH COUSAR GIBBONS OF CLARENDON COUNTY UPON BEING CHOSEN TEACHER OF THE YEAR FOR CLARENDON COUNTY SCHOOL DISTRICT TWO AND COMMENDING HER FOR HER DEDICATION TO PUBLIC EDUCATION AND FOR HER OUTSTANDING TEACHING ABILITY.

H. 3264 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. PAULINE LEMON OF MANNING, CLARENDON COUNTY, UPON HER DEATH.

H. 3265 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE D. KIRK OGLESBY, JR., PRESIDENT OF ANDERSON MEMORIAL HOSPITAL, ANDERSON COUNTY, ON BEING ELECTED CHAIRMAN-ELECT OF THE AMERICAN COLLEGE OF HEALTHCARE EXECUTIVES BOARD OF GOVERNORS.

H. 3266 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND COACH MICKEY MOSS AND THE EAST CLARENDON HIGH SCHOOL WOLVERINES OF CLARENDON COUNTY ON WINNING THE CLASS 1A STATE FOOTBALL CHAMPIONSHIP.

H. 3267 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND HARRY R. BRYAN, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA COMMISSION ON AGING, FOR HIS MANY YEARS OF LOYAL, DEDICATED, AND UNSELFISH SERVICE IN BEHALF OF THE SENIOR CITIZENS OF THIS STATE AND TO EXTEND OUR SINCERE THANKS FOR AN EXEMPLARY AND PRODUCTIVE PERFORMANCE IN THAT POSITION AND TO WISH FOR HIM ALL THE GOOD THINGS IN HIS RETIREMENT YEARS.

H. 3268 -- Reps. P. Harris, Blackwell and Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE MR. JAMES A. ROGERS OF FLORENCE, EDITOR EMERITUS OF THE FLORENCE MORNING NEWS, FOR WINNING THE 1985 OUTSTANDING OLDER SOUTH CAROLINIAN AWARD FROM THE SOUTH CAROLINA COMMISSION ON AGING.

H. 3270 -- Reps. Harvin, Blanding, W. Arthur, G. Brown, Schwartz and Griffin: A CONCURRENT RESOLUTION CONGRATULATING SUMTER AREA TECHNICAL COLLEGE UPON BEING SELECTED ONE OF THE TOP TEN COMMUNITY COLLEGES IN THE COUNTRY AND COMMENDING THE PRESIDENT, THE ADMINISTRATIVE STAFF, THE FACULTY, AND THE STUDENTS OF SUMTER AREA TECHNICAL COLLEGE FOR PURSUING AND ACHIEVING EXCELLENCE IN EDUCATION.

REPORTS OF STANDING COMMITTEES

Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

H. 2661 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-13-1189, CODE OF LAWS OF SOUTH CAROLINA, 1976, PROHIBITING POSSESSION OF GAME FISH AND GAME FISH TACKLE WHEN FISHING WITH NONGAME TACKLE, SO AS TO PROVIDE THAT THE PROHIBITION DOES NOT APPLY WHEN THE NONGAME FISH TACKLE IS BOWS AND ARROWS OR CAST NETS.

Ordered for consideration tomorrow.

Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

H. 2860 -- Rep. Snow: A BILL TO AMEND SECTIONS 46-1-10 AND 46-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE DEFINITIONS, SO AS TO DEFINE "AQUACULTURE" AND "DOMESTICATED AQUATIC ORGANISM" AND ADD AQUACULTURE TO THE DEFINITION OF "AGRICULTURAL COMMODITY".

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:

H. 2813 -- Reps. Stoddard, Williams, Dangerfield, Harvin, Rhoad, Cork, Altman, Shelton, Pearce, B.L. Hendricks and Bennett: A BILL TO AMEND SECTIONS 12-27-230, 12-27-240, 12-27-380, 12-27-400, 12-27-510, 12-27-520, 12-29-150, 12-29-310, 12-31-410, AND 12-31-450, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GASOLINE AND OTHER MOTOR FUEL TAXES, SO AS TO INCREASE THE TAXES, MAKE TAX CREDIT ADJUSTMENTS, AND TO CHANGE THE DISTRIBUTION OF THE TAX REVENUE.

Ordered for consideration tomorrow.

Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3106 -- Rep. Shelton: A BILL TO AMEND SECTION 56-3-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR, AMONG OTHER THINGS, REPLACEMENT VEHICLE LICENSE PLATES AND REPLACEMENT REVALIDATION STICKERS, SO AS TO PROVIDE THAT THE FEE FOR EVERY REPLACEMENT LICENSE PLATE OR REVALIDATION STICKER MUST BE IN AN AMOUNT EQUAL TO THE ORIGINAL FEE LESS AN AMOUNT WHICH IS PROPORTIONATE AND EQUIVALENT TO THE LENGTH OF TIME WHICH HAS ALREADY EXPIRED IN THE LICENSING AND REGISTRATION PERIOD, PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY NOT REQUIRE PROOF OF THE PAYMENT OF TAXES IN THIS INSTANCE, AND DELETE CERTAIN PROVISIONS.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3186 -- Reps. Evatt, Beasley and Wilkins: A BILL TO AMEND SECTION 20-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CHILDREN'S CODE, SO AS TO ADD THE DEFINITIONS OF "CHILD CARING FACILITY", "FOSTER HOME", AND "RESIDENTIAL GROUP CARE HOME", AND BY ADDING SUBARTICLE 4 TO ARTICLE 13 OF CHAPTER 7 OF TITLE 20 SO AS TO ESTABLISH A FOSTER CARE REVIEW BOARD SYSTEM FOR CHILDREN.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3271 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE TROOPER FIRST CLASS RICKY LEE PRUITT OF CLARENDON COUNTY ON BEING NAMED DISTRICT SEVEN HIGHWAY TROOPER OF THE YEAR FOR 1985.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3272 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE LAURENCE MANNING ACADEMY OF CLARENDON COUNTY ON WINNING ITS SECOND CONSECUTIVE SCISAA AA STATE FOOTBALL CHAMPIONSHIP AND TO COMMEND COACH TOMMY TIMMERMAN AND THE TEAM ON AN OUTSTANDING SEASON.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3273 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING WILLIAM J. MCCORD, DIRECTOR OF THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE, UPON BEING RECOGNIZED BY THE ALCOHOL AND DRUG PROBLEMS ASSOCIATION OF NORTH AMERICA FOR HIS CONTRIBUTIONS TO ALCOHOL AND DRUG ABUSE PREVENTION.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 800 -- Senators Waddell, Lindsay and Saleeby: A CONCURRENT RESOLUTION REQUESTING AN EXTENSION OF TIME FROM THE SECOND TUESDAY IN JANUARY, 1986, TO THE SECOND THURSDAY IN FEBRUARY, 1986, FOR THE COMMITTEE CREATED TO MAKE A COMPREHENSIVE STUDY OF THE LAWS RELATIVE TO THE TAXATION OF INSURANCE COMPANIES IN THIS STATE TO FILE ITS REPORT WITH THE GENERAL ASSEMBLY.

Whereas, the report of the committee created to make a comprehensive study of the laws relative to the taxation of insurance companies in this State is due the second Tuesday in January, 1986; and

Whereas, the committee is in the process of finalizing its report and is unable to file its report to the General Assembly on the date fixed in the resolution (S. 591 of 1985). Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the committee created to make a comprehensive study of the laws relative to the taxation of insurance companies in this State requests that the time for filing its report with the General Assembly be extended from the second Tuesday in January, 1986, to the second Thursday in February, 1986.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 801 -- Senator Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE CHRIS NEELEY OF LEXINGTON COUNTY UPON BEING SELECTED BOY SCOUT OF THE YEAR FOR THE STATE OF SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 802 -- Senators McGill, Leventis and Wilson: A CONCURRENT RESOLUTION CONGRATULATING SOUTH CAROLINA NATIVE, DR. JOSEPH LEONARD GOLDSTEIN, UPON WINNING THE PRESTIGIOUS 1985 NOBEL PRIZE FOR MEDICAL RESEARCH.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 803 -- Senators Wilson, Shealy and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THOSE SOUTH CAROLINIANS WHO ASSISTED THE FAMILY OF CRYSTAL BRADSHAW OF CHAPIN IN LEXINGTON COUNTY IN OBTAINING NECESSARY MEDICAL TREATMENT.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 804 -- Senators Leatherman and Thomas E. Smith, Jr.: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE DAVID H. McLEOD, FORMER MAYOR OF THE CITY OF FLORENCE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 805 -- Senators Branton, Thomas E. Smith, Jr. and Long: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. IRVIN L. ANDERSON, SR., OF HORRY COUNTY ON THEIR FIFTIETH WEDDING ANNIVERSARY AND EXTENDING THEM SINCERE BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 806 -- Senators Horace C. Smith, E. Patterson and Lee: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE GRADY C. BALLARD, FORMER SENATOR AND MEMBER OF THE HOUSE OF REPRESENTATIVES FROM SPARTANBURG COUNTY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 829 -- Senator Pope: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER SHERIFF RAYMOND HARVEY ROTON OF NEWBERRY COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 830 -- Senator Pope: A CONCURRENT RESOLUTION TO CONGRATULATE COACH LON ARMSTRONG AND THE FOOTBALL TEAM OF MID-CAROLINA HIGH SCHOOL OF PROSPERITY IN WINNING THE CLASS AA STATE FOOTBALL TITLE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 831 -- Senator Peeler: A CONCURRENT RESOLUTION CONGRATULATING THE GAFFNEY LITTLE LEAGUE ALL STARS FOOTBALL TEAM OF CHEROKEE COUNTY UPON WINNING THE LITTLE LEAGUE STATE CHAMPIONSHIP.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 832 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. FRANCIS EUGENE PATTERSON OF CHEROKEE COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 833 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MACK JOLLEY OF CHEROKEE COUNTY, CHIEF OF THE GAFFNEY POLICE DEPARTMENT, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 834 -- Senator Land: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER CLARENDON COUNTY SHERIFF THOMAS JEHU "T. J." JACKSON, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 845 -- Senators Wilson, Shealy, Pope and Setzler: A CONCURRENT RESOLUTION TO COMMEND HIGHWAY PATROL TROOPER FIRST CLASS RICHARD E. PADGET OF LEXINGTON UPON HIS SELECTION AS TROOPER OF THE YEAR FOR 1985 BY THE SOUTH CAROLINA PETROLEUM COUNCIL.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 847 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. WILLIAM K. BRUMBACH OF CHEROKEE COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 848 -- Senator Peeler: A CONCURRENT RESOLUTION CONGRATULATING JUDGE JACK ALLISON, MAGISTRATE OF CHEROKEE COUNTY, UPON BEING ELECTED PRESIDENT OF THE SOUTH CAROLINA MAGISTRATES ASSOCIATION FOR 1986.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 849 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. "WINNIE" HAMMETT BONNER OF CHEROKEE COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 850 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. MARVIN DAVIS OF CHEROKEE COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 851 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. MARY ROBBS PHILLIPS OF CHEROKEE COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 852 -- Senator Peeler: A CONCURRENT RESOLUTION COMMENDING THOMAS B. DAVIS OF BLACKSBURG, CHEROKEE COUNTY, FOR HIS SUGGESTION WHICH HAS SAVED AN ESTIMATED EIGHT THOUSAND DOLLARS FOR THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 853 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF E.C. "PUNK" BLACK, SR., OF YORK COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 854 -- Senator Peeler: A CONCURRENT RESOLUTION CONGRATULATING THE GAFFNEY HIGH SCHOOL FOOTBALL TEAM OF CHEROKEE COUNTY UPON WINNING THE 1985 AAAA STATE CHAMPIONSHIP.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 3274 -- Rep. Mitchell: A HOUSE RESOLUTION TO AUTHORIZE THE MASSED CHOIRS PARTICIPATING IN STATE HOUSE CEREMONIES IN HONOR OF DR. MARTIN LUTHER KING TO USE THE HOUSE CHAMBER FOR REHEARSAL ON MONDAY, JANUARY 20, 1986.

Be it resolved by the House of Representatives:

That the massed choirs participating in State House ceremonies honoring Dr. Martin Luther King are authorized to use the chamber of the House of Representatives on Monday, January 20, 1986, to rehearse their part in the program. If the House of Representatives is in statewide session, the chamber may not be used.

Be it further resolved that the State House security forces shall provide assistance and access as necessary for this rehearsal in accordance with applicable procedures.

The Resolution was adopted.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3275 -- Reps. Harvin and Griffin: A BILL TO PROVIDE, AMONG OTHER THINGS, THAT PLATS IN CLARENDON COUNTY MUST BE SUBMITTED TO THE TAX ASSESSOR PRIOR TO RECORDING; AND TO REPEAL SECTION 65-1783.2, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT PLATS IN CLARENDON COUNTY BE SUBMITTED TO THE AUDITOR PRIOR TO RECORDING.

Without reference.

H. 3276 -- Rep. P. Bradley: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LIBBY'S IMPRESSIONS OF GREENVILLE, LTD.

Without reference.

H. 3277 -- Rep. D. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHARLESTON BEARS ATHLETIC CLUB.

Without reference.

H. 3278 -- Rep. McTeer: A BILL TO AMEND SECTION 7-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN HAMPTON COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR CUMMINGS AND BONNETT PRECINCTS.

Without reference.

H. 3279 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE FUNDS FOR PRISON CONSTRUCTION AND RENOVATIONS REQUIRED BY THE NELSON SETTLEMENT, TO PROVIDE THAT A COMBINATION OF CAPITAL FUND MONIES AND GENERAL OBLIGATION BONDS MUST BE USED FOR THE FUNDS, AND TO REQUIRE THE FUNDS TO BE RELEASED PURSUANT TO THE NELSON SETTLEMENT DEADLINES; TO AMEND SECTION 11-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE BONDS AND THE LIMITATION OF GENERAL REVENUES WHICH CAN BE USED FOR DEBT SERVICE, SO AS TO DELETE THE PROVISION REQUIRING THE LIMITATION TO DECREASE EACH FISCAL YEAR AND TO REQUIRE THE DEBT SERVICE EXPENDITURES FOR GENERAL OBLIGATION BONDS TO BE NO MORE THAN TWO AND ONE-HALF PERCENT OF THE GENERAL FUND OF THE PRIOR FISCAL YEAR BY FISCAL YEAR 1992-93; TO AMEND SECTION 11-11-310, AS AMENDED, RELATING TO LIMITATIONS ON ANNUAL APPROPRIATIONS, SO AS TO DELETE THE PROVISION AUTHORIZING REVENUES IN THE CAPITAL EXPENDITURE FUND TO BE APPROPRIATED FOR RETIRING BONDED INDEBTEDNESS OR FOR AVOIDING THE ISSUANCE OF BONDS AND TO REQUIRE THE REVENUE GENERATED FROM THE TWO AND ONE-HALF PERCENT CAPITAL EXPENDITURE FUND TO BE APPLIED TOWARD PRISON CONSTRUCTION WITH ANY EXCESS REVENUE TO BE USED TO FINANCE PROJECTS AUTHORIZED BY THE GENERAL ASSEMBLY; AND TO REQUIRE CAPITAL IMPROVEMENT PROJECTS TO BE SCHEDULED FOR FINANCING ACCORDING TO PRIORITY AS DETERMINED BY THE JOINT BOND REVIEW COMMITTEE.

Without reference.

H. 3280 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX (INFORMATION ASSESSORS SHALL FURNISH TO COMMISSION), DESIGNATED AS REGULATION DOCUMENT NUMBER 509, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Without reference.

H. 3281 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO INCOME TAX CREDITS FOR THE INSTALLATION AND COSTS OF QUALIFYING ENERGY SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 510, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Without reference.

H. 3282 -- Ways and Means Committee: A BILL TO PERMIT TAXPAYERS TO DEFER PAYMENT OF THE STATE INCOME TAX ON TAXABLE INCOME ATTRIBUTABLE TO THE INCREASE IN GROSS INCOME FROM FOREIGN TRADING RECEIPTS, TO PROVIDE TERMS FOR REPAYMENT OF THE DEFERRED TAXES, TO DEFINE TERMS RELATING TO THE DEFERRAL, AND TO PROVIDE EXCEPTIONS.

Without reference.

H. 3283 -- Ways and Means Committee: 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, TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE; TO REQUIRE MONIES PREVIOUSLY AUTHORIZED FOR PARKS, RECREATION AND TOURISM BE EXPENDED ON IMPROVEMENTS AT MYRTLE BEACH INSTEAD OF ON A SWIMMING POOL; TO REALLOCATE MONIES PREVIOUSLY AUTHORIZED FOR THE MUSEUM COMMISSION TO THE BUDGET AND CONTROL BOARD FOR THE MOUNT VERNON MILL SITE DEVELOPMENT; TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF MENTAL HEALTH TO FINANCE VARIOUS PROJECTS FROM SURPLUS PAYING PATIENT FEE DEBT SERVICE FUNDS; TO REQUIRE THE JOINT BOND REVIEW COMMITTEE TO SCHEDULE THE AUTHORIZATIONS, AS PROVIDED IN THIS ACT, INTO THE STATEWIDE CAPITAL IMPROVEMENTS PRIORITY SCHEDULE; AND TO AMEND ACT 194 OF 1979, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF WINTHROP COLLEGE TO DEFINE PAID ADMISSIONS BY WRITTEN POLICY WITH AN EXCEPTION, AND TO DELETE THE AUTHORITY OF THE COLLEGE TO LEVY AN ADMISSIONS FEE.

Without reference.

H. 3284 -- Ways and Means Committee: A BILL TO AMEND SECTION 44-6-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE FUND, SO AS TO REPLACE PER CAPITA INCOME WITH PERSONAL INCOME AS ONE OF THE FACTORS WHICH MUST BE USED IN COMPUTING EACH COUNTY'S ASSESSMENT TO THE FUND, TO SPECIFY, FOR FISCAL YEAR 1985-86 ONLY, THE AMOUNT OF EACH COUNTY'S CONTRIBUTION TO THE FUND, AND TO MAKE THE PROVISIONS OF THIS ACT RETROACTIVE TO THE EFFECTIVE DATE OF SECTION 19 OF PART II OF ACT 201 OF 1985.

Without reference.

H. 3285 -- Reps. Keyserling, Sheheen and Huff: A BILL TO AMEND SECTION 13-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE STATE DEVELOPMENT BOARD AS THE AGENCY RESPONSIBLE FOR THE PROMOTION AND DEVELOPMENT OF ATOMIC ENERGY RESOURCES IN THIS STATE, SO AS TO PROVIDE FOR ITS POWERS AND RESPONSIBILITIES IN CARRYING OUT THE PROMOTION AND DEVELOPMENT OF ENERGY RESOURCES RELATED INDUSTRIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3286 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CHILDREN'S FOSTER CARE REVIEW BOARD, RELATING TO CASE REVIEWS, DESIGNATED AS REGULATION DOCUMENT NUMBER 643, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Without reference.

H. 3287 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE OF A PARTY TO A LEGAL PROCEEDING TO TESTIFY OR GIVE EVIDENCE, SO AS TO REQUIRE A HUSBAND OR WIFE TO DISCLOSE INFORMATION GIVEN TO THEM BY THE OTHER DURING THEIR MARRIAGE WHERE THE PROCEEDING CONCERNS OR IS BASED ON CRIMINAL SEXUAL CONDUCT INVOLVING A MINOR OR ATTEMPTING TO COMMIT A LEWD ACT UPON A MINOR.

Referred to Committee on Judiciary.

H. 3288 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND CHAPTER 11 OF TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPETENCY OF WITNESSES, BY ADDING SECTION 19-11-35 SO AS TO PROVIDE THAT A CHILD IS CONSIDERED A COMPETENT WITNESS AND MUST BE ALLOWED TO TESTIFY WITHOUT PRIOR QUALIFICATION IN ANY JUDICIAL PROCEEDING, AND TO PROVIDE THAT THE TRIER OF FACT IS PERMITTED TO DETERMINE THE WEIGHT AND CREDIBILITY TO BE GIVEN TO THE TESTIMONY.

Referred to Committee on Judiciary.

H. 3289 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 20-7-1315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR WITHHOLDING VARIOUS TYPES OF INCOME TO SECURE THE PAYMENT OF CHILD SUPPORT OR SPOUSAL SUPPORT OBLIGATIONS, SO AS TO DELETE A PROVISION THAT ALLOWS AN EMPLOYER WHO HAS LESS THAN TWENTY-FIVE EMPLOYEES TO ELECT NOT TO PERFORM THESE REQUIRED WITHHOLDINGS.

Referred to Committee on Judiciary.

H. 3290 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO GIVE THE COURT JURISDICTION TO REQUIRE PERSONS OBLIGATED TO PAY CHILD SUPPORT TO REPAY THE DEPARTMENT OF SOCIAL SERVICES FOR CERTAIN SUMS EXPENDED OR TO BE EXPENDED BY THE DEPARTMENT FOR THE SUPPORT AND CARE OF THE CHILD.

Referred to Committee on Judiciary.

H. 3291 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND CHAPTER 1 OF 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.

Referred to Committee on Judiciary.

H. 3292 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 20-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S POLICY OF THE STATE OF SOUTH CAROLINA, SO AS TO REVISE REPORTING REQUIREMENTS OF AGENCIES, DEPARTMENTS, AND INSTITUTIONS WHICH ARE REQUIRED TO SUBMIT ANNUAL STATEMENTS OF HOW THEIR PROGRAMS CONTRIBUTE TO THE IMPLEMENTATION OF THIS CHILDREN'S POLICY, AND TO MAKE THE ABOVE REPORTING REQUIREMENTS APPLICABLE TO ALL AGENCIES AND NOT JUST STATE AGENCIES WHICH ARE CONCERNED WITH OR ARE RESPONSIBLE FOR CHILDREN.

Referred to Committee on Judiciary.

H. 3293 -- Rep Aydlette: A BILL TO PROHIBIT PLACING OUTDOOR ADVERTISING SIGNS AFTER JUNE 30, 1986, ALONG ROADS IN THE UNINCORPORATED AREA OF A COUNTY WHICH HAS NO OUTDOOR ADVERTISING ORDINANCE UNLESS THE GOVERNING BODY OF THE COUNTY HAS HELD A PUBLIC HEARING ON AND APPROVED IN WRITING THE PLACEMENT OF THE SIGN.

Referred to Committee on Labor, Commerce and Industry.

H. 3294 -- Rep. Koon: A BILL TO PROVIDE PROCEDURES AND INCENTIVES FOR THE PURCHASE OF SOUTH CAROLINA AGRICULTURAL OR MANUFACTURED PRODUCTS BY THIS STATE AND THE POLITICAL SUBDIVISIONS THEREOF.

Referred to Committee on Agriculture and Natural Resources.

H. 3295 -- Reps. Snow and Waldrop: A BILL TO AMEND SECTION 46-17-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSIT AND DISBURSEMENT OF COMMODITY BOARD FUNDS, SO AS TO PROVIDE THAT INTEREST EARNED MUST BE RETAINED IN THE BOARD ACCOUNT AND USED FOR AUTHORIZED PURPOSES.

Referred to Committee on Agriculture and Natural Resources.

H. 3296 -- Reps. Hearn, T. Rogers, Taylor, Harvin, G. Brown, S. Anderson, Cork, Sharpe, J. Anderson, McBride, M.D. Burriss, Winstead, Washington, Felder, P. Harris and Woodruff: A BILL TO AMEND CHAPTER 31 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MONEY AND INTEREST, BY ADDING SECTION 34-31-35 SO AS TO PROVIDE THAT ANY PERSON MAKING A FIRST MORTGAGE REAL ESTATE LOAN WHO REQUIRES THE BORROWER TO HAVE AN ESCROW ACCOUNT AS A CONDITION OF THE LOAN MUST PAY INTEREST ON THE ESCROW ACCOUNT AT THE SAME RATE AS CHARGED ON THE PRINCIPAL OF THE MORTGAGE AND TO PROVIDE PENALTIES FOR VIOLATION.

Referred to Committee on Labor, Commerce and Industry.

H. 3297 -- Reps. Freeman, Edwards, Brett, D. Martin and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN DEFEATED IN A PRIMARY ELECTION FOR AN OFFICE MAY NOT BE ELECTED TO THE SAME OFFICE IN THE NEXT ENSUING SPECIAL OR GENERAL ELECTION.

Referred to Committee on Judiciary.

H. 3298 -- Reps. Toal and Sheheen: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-45 SO AS TO PROVIDE THAT THE DIVISION IS AUTHORIZED TO ACCEPT FINGERPRINTS OF APPLICANTS FOR ADMISSION TO THE SOUTH CAROLINA BAR AND, TO THE EXTENT PROVIDED FOR BY FEDERAL LAW, TO EXCHANGE STATE, MULTISTATE, AND FEDERAL CRIMINAL HISTORY RECORDS WITH THE SOUTH CAROLINA BOARD OF LAW EXAMINERS FOR LICENSING PURPOSES.

On motion of Rep. TOAL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3299 -- Rep. Harvin: A BILL TO AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION TO ISSUE A PERMIT TO CARRY A CONCEALED FIREARM TO ANY RETIRED LAW ENFORCEMENT OFFICER HAVING THIRTY YEARS' SATISFACTORY SERVICE WITH A LAW ENFORCEMENT AGENCY.

Referred to Committee on Judiciary.

H. 3300 -- Reps. J. Rogers, J. Bradley, Huff, Lewis, McBride, Mitchell, Neilson, Russell, Sharpe, Shelton, Winstead, B.L. Hendricks, R. Brown, Evatt, Harvin, Snow, Hayes, Keyserling, J. Harris, Davenport, Hawkins, J. Anderson, Jones, Waldrop, Tucker, Chamblee, Barfield, J.H. Burriss, Sturkie, Ogburn, Gentry, McKay, Wilkins, J.C. Johnson, Lockemy, Gilbert, Limehouse, Carnell, Day, Griffin, Nettles, Woodruff, McTeer, Brett and T. Rogers: A BILL TO AMEND SECTIONS 12-21-2590 AND 12-21-2600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO LICENSE FEES AND ADMISSIONS TAXES SO AS TO DOUBLE THE APPLICABLE LICENSE FEES AND TAXES, AND TO AMEND SECTION 12-21-2620, RELATING TO THE DISPOSITION OF BINGO REVENUES, SO AS TO PROVIDE THAT ONE-HALF OF THE REVENUES MUST BE DEPOSITED IN A SEPARATE FUND FOR THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND CREDITED TO THE ACCOUNT OF EACH COUNTY FOR DISTRIBUTION BY THE DEPARTMENT IN GRANTS FOR PARKS AND RECREATION DEVELOPMENT.

Referred to Committee on Ways and Means.

H. 3301 -- Rep. R. Brown: A BILL TO AMEND SECTION 23-35-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE OR PERMIT REQUIRED OF WHOLESALE DISTRIBUTORS, JOBBERS, AND RETAILERS SELLING FIREWORKS, SO AS TO PROVIDE THAT THE STATE BOARD OF PYROTECHNIC SAFETY INSTEAD OF THE STATE FIRE MARSHAL SHALL REGULATE THESE LICENSES, TO INCREASE THE RETAILERS ANNUAL LICENSE FEE FROM FIFTY TO ONE HUNDRED TWENTY-FIVE DOLLARS, TO DELETE THE REQUIREMENT THAT A RETAILER'S LICENSE OR PERMIT MUST BE OBTAINED FROM THE MUNICIPAL CLERK OR FROM THE COUNTY CLERK OF COURT, DEPENDING ON THE LOCATION OF THE SALE, AND REQUIRE THE STATE BOARD OF PYROTECHNIC SAFETY TO APPROVE ALL RETAIL LICENSES, AND TO DELETE THE PROVISIONS AUTHORIZING A COUNTY OR MUNICIPALITY TO RETAIN FUNDS DERIVED FROM THE SALE OF PERMITS.

Referred to Committee on Labor, Commerce and Industry.

H. 3302 -- Rep. Kohn: A BILL TO AMEND SECTION 38-37-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY SO AS TO REQUIRE THE FACILITY TO REINSURE A RISK COVERED UNDER ANY POLICY OF LIABILITY INSURANCE WRITTEN OR OFFERED FOR ANY VEHICLE LICENSED OR OTHERWISE THAT IS LEGALLY AUTHORIZED TO TRAVEL ON THE PUBLIC STREETS AND HIGHWAYS OF THIS STATE.

Referred to Committee on Labor, Commerce and Industry.

H. 3303 -- Reps. Holt, Kirsh, Lloyd Hendricks and Klapman: A BILL TO AMEND SECTION 51-13-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO ADD TWO MEMBERS TO THE AUTHORITY, ONE FROM THE WAYS AND MEANS COMMITTEE, TO BE APPOINTED BY ITS CHAIRMAN AND ONE FROM THE SENATE FINANCE COMMITTEE, TO BE APPOINTED BY ITS CHAIRMAN, BOTH TO SERVE FOR TERMS OF TWO YEARS.

On motion of Rep. HOLT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3304 -- Reps. McLeod, McEachin, McKay, R. Brown, Ogburn, Limehouse, Kohn and Russell: A BILL TO PROHIBIT AN INSURANCE COMPANY FROM DISCRIMINATING ON THE BASIS OF SEX WHEN ESTABLISHING RISK CLASSIFICATION PLANS OR FIXING RATES FOR MOTOR VEHICLE LIABILITY INSURANCE.

Referred to Committee on Labor, Commerce and Industry.

H. 3298--ORDERED TO BE READ
THE NEXT TWO SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. TOAL, with unanimous consent, it was ordered that H. 3298 be read the second and third times the next two successive legislative days.

H. 3303--ORDERED TO BE READ
THE NEXT TWO SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. HOLT, with unanimous consent, it was ordered that H. 3303 be read the second and third times the next two successive legislative days.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Schwartz               Alexander              Altman
Anderson, J.           Arthur, J.             Arthur, W.
Aydlette               Bailey, G.             Bailey, K.
Barfield               Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Bradley, P.            Brett
Brown, G.              Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cleveland
Cooper                 Cork                   Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Evatt
Faber                  Fair                   Felder
Ferguson               Foster                 Foxworth
Freeman                Gentry                 Gilbert
Gordon                 Gregory                Griffin
Harris, J.             Harris, P.             Harvin
Hawkins                Hearn                  Helmly
Hendricks, B.          Hendricks, L.          Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Kohn
Koon                   Lake                   Lewis
Limehouse              Lockemy                Mangum
Martin, D.             Martin, L.             Mattos
McBride                McEachin               McKay
McLellan               McLeod                 McTeer
Mitchell               Moss                   Neilson
Nettles                Ogburn                 Pearce
Petty                  Phillips, L.           Rawl
Rhoad                  Rice                   Rigdon
Rogers, J.             Rogers, T.             Russell
Sharpe                 Sheheen                Shelton
Short                  Simpson                Stoddard
Taylor                 Thrailkill             Toal
Tucker                 Waldrop                White
Wilkins                Williams               Winstead
Woodruff

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on January 15, 1986.

Olin R. Phillips                  Ronald P. Townsend
Thomas M. Marchant III            John J. Snow, Jr.
Lenoir Sturkie                    McKinley Washington, Jr.
Sterling Anderson
Total Present--119

LEAVES OF ABSENCE

The SPEAKER granted Rep. MARCHANT a temporary leave of absence.

The SPEAKER granted Rep. McABEE a leave of absence for the day due to illness.

DOCTOR OF THE DAY

Announcement was made that Charles R. Duncan, Jr. of Greenville is the Doctor of the Day for the General Assembly.

H. 3255 -- RECONSIDERED AND AMENDED

The motion of Rep. SCHWARTZ to reconsider the vote whereby the following Resolution was adopted was taken up and agreed to:

H. 3255 -- Rep. Schwartz: A HOUSE RESOLUTION TO FIX THE TIME FOR ELECTING TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES TO SERVE ON THE NOMINATING COMMITTEE FOR MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL AT 11:30 A.M., WEDNESDAY, JANUARY 15, 1986.

Rep. SCHWARTZ proposed the following Amendment No. 1 (Doc. No. 1001R), which was adopted.

Amend the resolution, as and if amended, by striking /11:30 a.m./ on the next to the last line and inserting /3:00 p.m./.

Amend title to conform.

The Resolution, as amended, was adopted.

H. 2582--OBJECTIONS

The following Bill was taken up.

H. 2582 -- Rep. Davenport: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO SELL ANY SUBSTANCE OR MATERIAL FOR USE UPON THE WINDSHIELD OR WINDOW GLASS OF A MOTOR VEHICLE THAT WOULD RENDER THE WINDSHIELD OR WINDOW GLASS TO BE IN NONCOMPLIANCE WITH FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 205, TO MAKE IT UNLAWFUL FOR ANY PERSON TO INSTALL A WINDSHIELD OR WINDOW GLASS IN A MOTOR VEHICLE OR PLACE ANY SUBSTANCE OR MATERIAL UPON ANY WINDSHIELD OR WINDOW GLASS THAT WOULD REDUCE LIGHT TRANSMITTANCE MORE THAN THIRTY PERCENT OR THAT PRODUCES A MIRROR OR METALLIC APPEARANCE WHEN VIEWED BY A PERSON OUTSIDE THE VEHICLE, TO MAKE IT UNLAWFUL FOR A VEHICLE SO EQUIPPED TO BE OPERATED, AND TO PROVIDE PENALTIES.

Rep. DAVENPORT proposed the following Amendment No. 1 (Doc. No. 1020R).

Amend the bill, as and if amended, by adding after SECTION 1:

/SECTION 2. The provisions of Section 56-5-5015 of the 1976 Code as contained in Section 1 do not apply to a motor vehicle equipped with windshields or window glass which do not comply with Section 56-5-5015 when the windshield or window glass was installed prior to January 1, 1987, at the factory where the vehicle was manufactured./

Renumber remaining sections to conform.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

Reps. AYDLETTE, LIMEHOUSE, EVATT, J. BRADLEY, and MOSS objected to the Bill.

H. 2733--DEBATE ADJOURNED

Rep. LEWIS moved to adjourn debate upon the following Bill, which was adopted.

H. 2733 -- Reps. Foxworth, Blackwell, Simpson, Archibald and D. Martin: A BILL TO AMEND SECTION 57-5-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, REQUIRING A PERMIT FROM THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO OPEN A PRIVATE DRIVEWAY OR SIDE-ROAD ENTRANCE OR EXIT TO A PRIMARY HIGHWAY, SO AS TO REQUIRE A PERMIT TO OPEN AN ENTRANCE OR EXIT TO A SECONDARY HIGHWAY.

S. 153--OBJECTIONS

The following Bill was taken up.

S. 153 -- Senators Leatherman, McConnell, Ravenel, McGill, Moore, Garrison, Peeler, Thomas, Courson and Drummond: A BILL TO AMEND SECTIONS 15-3-640, 15-3-660, 15-3-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS AGAINST ARCHITECTS, CONSTRUCTION MANAGERS, PROFESSIONAL ENGINEERS, OR CONTRACTORS FOR IMPROPER OR NEGLIGENT IMPROVEMENTS TO REAL PROPERTY, SO AS TO SPECIFICALLY DESCRIBE ACTIONS BASED UPON OR ARISING OUT OF THE DEFECTIVE OR UNSAFE CONDITIONS OF AN IMPROVEMENT TO REAL PROPERTY WHICH MUST BE BROUGHT NO LATER THAN TEN YEARS AFTER COMPLETION; TO CREATE AN OUTSIDE LIMITATION OF TEN YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT WITHIN WHICH NORMAL STATUTES OF LIMITATIONS CONTINUE TO RUN; TO CORRECT AN INACCURATE CITATION; TO PROVIDE THAT A DEFENSE OF STATUTES OF LIMITATIONS SHALL NOT BE AVAILABLE TO OWNERS OF REAL PROPERTY OR TO PERSONS IN POSSESSION OR CONTROL THEREOF WHO HAVE KNOWLEDGE OR SHOULD HAVE HAD KNOWLEDGE OF THE DEFICIENCY IN SUCH PROPERTY OR TO PERSONS GUILTY OF FRAUD; TO PROVIDE THAT NO CAUSE OF ACTION NOT HERETOFORE EXISTING IS CREATED BY THIS ACT NOR DOES IT BAR ANY EXISTING CAUSE OF ACTION; AND TO REPEAL SECTION 15-3-650 RELATING TO ACTIONS AGAINST ARCHITECTS, PROFESSIONAL ENGINEERS, OR CONTRACTORS THAT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE OF INJURY.

Reps. J. BRADLEY, GENTRY, FREEMAN, J.W. JOHNSON, GRIFFIN, FERGUSON, GREGORY, BARFIELD and WALDROP objected to the Bill.

ORDERED TO THIRD READING

The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 2250 -- Rep. McEachin: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF OXYGEN AND THOSE MACHINES USED IN PRODUCING OXYGEN WHEN THE OXYGEN AND MACHINES ARE USED IN THE HOME UPON THE PRESCRIPTION OF A LICENSED PHYSICIAN.

H. 2650 -- Rep. Schwartz: A BILL TO AMEND SECTION 8-11-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF THE PROVISIONS CONCERNING THE STATE PERSONNEL DIVISION OF THE BUDGET AND CONTROL BOARD, SO AS TO INCLUDE IN THE EXEMPTIONS ALL JUDGES WITHIN THE UNIFIED COURT SYSTEM AND ALL OFFICERS AND EMPLOYEES OF THE JUDICIAL DEPARTMENT, INSTEAD OF EXEMPTING ONLY THE SUPREME COURT JUSTICES AND CIRCUIT COURT JUDGES, REFEREES, RECEIVERS, JURORS, AND MASTERS IN EQUITY.

H. 2670 -- Reps. Mangum, Kirsh, Elliott and McTeer: A BILL TO AMEND CHAPTER 3 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TAX COMMISSION, BY ADDING SECTION 12-3-260 SO AS TO AUTHORIZE THE TAX COMMISSION TO CONTRACT FOR COMPUTER AND OTHER ELECTRONIC DATA PROCESSING SERVICES, TO PROHIBIT THE PUBLICATION OR DISCLOSURE OF INFORMATION CONTAINED IN OR PRODUCED FROM ANY TAX RETURN, DOCUMENT, OR TAPE THROUGH THE DATA PROCESSING SERVICES, EXCEPT TO THE COMMISSION OR AS PROVIDED BY LAW OR A COURT ORDER, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. KIRSH explained the Bill.

S. 401 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-975 AND 12-37-980, SO AS TO PERMIT THE FILING OF AMENDED PROPERTY TAX RETURNS AND TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO ACCEPT, FOR GOOD CAUSE, TENTATIVE PROPERTY TAX RETURNS BASED ON ONE HUNDRED PERCENT ESTIMATED VALUE FOR MERCHANTS' INVENTORIES, MACHINES, EQUIPMENT, FURNITURE, FIXTURES, COMMERCIAL BOATS, AND MANUFACTURERS' REAL AND PERSONAL PROPERTY.

Rep. KIRSH explained the Bill.

S. 402 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO AMEND SECTION 12-3-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR OBTAINING AD VALOREM PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE FOR THE TIME PERIOD OF APPLICATION FOR EXEMPTION FOR OWNERS OF PERSONAL MOTOR VEHICLES OWNED BY RECIPIENTS OF THE MEDAL OF HONOR, PERSONS REQUIRED TO USE WHEELCHAIRS, AND CHURCHES.

Rep. EVATT explained the Bill.

OBJECTION TO MOTION

Rep. EVATT asked unanimous consent that S. 402 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 2650--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. MANGUM, with unanimous consent, it was ordered that H. 2650 be read the third time tomorrow.

H. 2670--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 2670 be read the third time tomorrow.

S. 401--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 401 be read the third time tomorrow.

H. 2283 DEBATE ADJOURNED

The following Bill was taken up.

H. 2283 -- Reps. Carnell, McAbee, Gulledge, Hughston and Mangum: A BILL TO AMEND SECTION 59-111-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION AT STATE-SUPPORTED COLLEGES, UNIVERSITIES AND TECHNICAL SCHOOLS FOR CHILDREN OF CERTAIN VETERANS WHO HAVE HONORABLY SERVED IN A BRANCH OF THE MILITARY SERVICE OF THE UNITED STATES DURING A WAR PERIOD SO AS TO PROVIDE THAT THIS FREE TUITION MUST ALSO BE GRANTED TO CHILDREN OF THESE VETERANS WHO DIED WHILE IN SERVICE OR FROM A DISEASE OR DISABILITY RESULTING FROM SERVICE REGARDLESS OF WHETHER OR NOT THE VETERAN SERVED DURING A WAR PERIOD.

Ways and Means Committee proposes the following Amendment No.1 (Doc. No. 0618R).

Amend the bill, as and if amended, by striking item (2) of Section 59-111-20 as contained in Section 1, and inserting:

/(2) who died from other causes not as a result of his own misconduct on active duty arising out of and in the course of his military duty while in the service ;/

Amend title to conform.

Rep. CARNELL explained the Bill.

Rep. LOCKEMY moved to adjourn debate upon the Bill, which was adopted.

H. 2397--POINT OF ORDER

The following Bill was taken up.

H. 2397 -- Reps. Beasley and J. Rogers: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX ASSESSMENT RATIOS FOR PERSONAL PROPERTY, SO AS TO PROVIDE FOR A FIVE PERCENT ASSESSMENT RATIO FOR AIRCRAFT USED EXCLUSIVELY FOR THE APPLICATION OF AGRICULTURAL CHEMICALS.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 2695--POINT OF ORDER

The following Bill was taken up.

H. 2695 -- Reps. Keyserling, Lewis, McLellan and Lloyd Hendricks: A BILL TO PERMIT TAXPAYERS TO DEFER PAYMENT OF THE STATE INCOME TAX ON TAXABLE INCOME ATTRIBUTABLE TO THE INCREASE IN GROSS INCOME FROM FOREIGN TRADING RECEIPTS, TO DEFINE TERMS RELATING TO THE DEFERRAL, AND TO PROVIDE EXCEPTIONS.

POINT OF ORDER

Rep. KEYSERLING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 2716--REFERRED TO COMMITTEE ON JUDICIARY

On motion of Rep. SHEHEEN the following Bill was referred to the Committee on Judiciary.

H. 2716 -- Rep. Rawl: A BILL TO AMEND SECTIONS 12, 12A, AND 13 OF ARTICLE I OF ACT 176 OF 1977, AS AMENDED, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, THE DISAPPROVAL AND MODIFICATION OF REGULATIONS, AND PROMULGATION OF EMERGENCY REGULATIONS, SO AS TO CHANGE THESE PROCEDURES, INCLUDING PROVIDING FOR THE APPROVAL OF EMERGENCY REGULATIONS BY THE BUDGET AND CONTROL BOARD UNDER CERTAIN CONDITIONS.

H. 3083--POINT OF ORDER

The following Bill was taken up.

H. 3083 -- Reps. Harvin, Blackwell, T. Rogers, White, Pearce, Holt, G. Bailey, McLeod, Gilbert, J. Anderson, L. Phillips, Huff, Elliott, J.W. Johnson, Taylor, Washington, Barfield, Jones, Stoddard, Neilson, McTeer, Mattos, Snow, McBride, J. Harris, Gordon, Woods, Petty, Lake, Ferguson, Altman, Felder, W. Arthur, Cleveland, Bennett, Sheheen, L. Martin, Mitchell, Blanding, Sturkie, Keyserling, Klapman, J. Arthur and O. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-85, SO AS TO PROVIDE THAT IF THE GENERAL APPROPRIATION ACT FOR THE FOLLOWING FISCAL YEAR IS NOT ENACTED BY JUNE 15 OF ANY YEAR, THE APPROPRIATION ACT OF THE THEN CURRENT FISCAL YEAR SHALL CONTINUE IN FORCE UNTIL ANOTHER GENERAL APPROPRIATION ACT IS ENACTED.

POINT OF ORDER

Rep. J. ROGERS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 277--POINT OF ORDER

The following Bill was taken up.

S. 277 -- Senator Williams: A BILL TO AMEND SECTION 41-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE PERSONNEL AGENCIES, SO AS TO REQUIRE AN ANNUAL RENEWAL LICENSE FEE OF FIFTY DOLLARS.

POINT OF ORDER

Rep. L. MARTIN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 403--POINT OF ORDER

The following Bill was taken up.

S. 403 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO AMEND SECTION 12-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE INCOME TAX, SO AS TO DELETE AS AN EXEMPTION FROM NET INCOME THE EXEMPTION FOR A SPECIAL NEEDS CHILD, TO AMEND SECTION 12-7-330, AS AMENDED, RELATING TO EXEMPT ORGANIZATIONS, SO AS TO INCLUDE INSURANCE COMPANIES, TO AMEND SECTION 12-7-560, AS AMENDED, RELATING TO ITEMS OF INCOME NOT INCLUDED IN GROSS INCOME FOR PURPOSES OF STATE INCOME TAX, SO AS TO CLARIFY THE EXCLUSION OF GAIN ON THE SALE OF A TAXPAYER'S PRINCIPAL RESIDENCE; TO AMEND SECTION 12-7-660, AS MENDED, RELATING TO THE DEFINITIONS OF ADJUSTED GROSS INCOME FOR PURPOSES OF STATE INCOME TAX, SO AS TO EXCLUDE FROM ADJUSTED GROSS INCOME TWO THOUSAND DOLLARS FOR TAXPAYERS ADOPTING A SPECIAL NEEDS CHILD, TO AMEND SECTION 12-7-700, AS AMENDED, RELATING TO DEDUCTIONS IN COMPUTING NET INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE TREATMENT OF RECAPTURE OF DEPRECIATION, TO AMEND SECTION 12-7-710, AS AMENDED, RELATING TO THE OPTIONAL STANDARD DEDUCTION FOR STATE INCOME TAX PURPOSES, SO AS TO CLARIFY THE DEDUCTION; TO AMEND SECTION 12-7-1640, RELATING TO FILING INCOME TAX RETURNS, SO AS TO CLARIFY FILING REQUIREMENTS FOR EXEMPT ORGANIZATIONS, TO AMEND SECTION 12-7-2240, AS AMENDED, RELATING TO TAX REFUNDS, SO AS TO PROVIDE A PROCEDURE FOR A TAXPAYER TO CHALLENGE WITHHOLDING OF A REFUND BECAUSE OF A STUDENT LOAN DEFAULT, TO AMEND SECTION 12-19-20, AS AMENDED, RELATING TO LICENSE FEES OF CORPORATIONS, SO AS TO CLARIFY REPORTING REQUIREMENTS OF EXEMPT ORGANIZATIONS, TO AMEND ARTICLE 19, CHAPTER 21, OF TITLE 12 OF THE 1976 CODE, RELATING TO THE TAX ON X-RATED MOVIES, SO AS TO MOVE TO THE ARTICLE THE PROVISIONS RELATING TO COIN-OPERATED MACHINES AND DEVICES AND OTHER AMUSEMENTS ADMINISTERED BY THE SOUTH CAROLINA TAX COMMISSION, TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1125, SO AS TO EXEMPT INDIVIDUALS RENTING ACCOMMODATIONS TO TRANSIENTS FOR ONE WEEK OR LESS IN A CALENDAR QUARTER FROM OBTAINING RETAIL LICENSES AND TO PRESCRIBE A METHOD FOR THEIR PAYING SALES AND ACCOMMODATIONS TAXES ON RENTALS, AND TO REPEAL CHAPTERS 11 AND 15 OF TITLE 52 OF THE 1976 CODE, RELATING TO POOL, BILLIARDS, AND COIN-OPERATED MACHINES AND DEVICES.

House Ways and Means Committee proposes the following Amendment No. 1 (Doc. No. 0358R).

Amend the bill, as and if amended, by striking SECTIONS 1, 2, 3, 4, 5, and 6.

Amend further, as and if amended, by striking Section 12-7-1640 of the 1976 Code as contained in SECTION 7, page 4, and inserting:

"Section 12-7-1640. Returns shall must be in such the form as the Commission may from time to time prescribe and shall must be filed with the Commission on or before the fifteenth day of the fourth month next after the preceding income year, except returns of corporations, which shall file returns on or before the fifteenth day of the third month next after the preceding income year. Returns of information provided for by Section 12-7-1590 shall must be filed on or before March fifteenth of each year and shall set forth the information required by Section 12-7-1590 for the calendar year next preceding. Returns required to be filed by organizations exempt under Internal Revenue Code Section 501 must be filed in accordance with Internal Revenue Code Section 6033.

In the case of sickness, absence, or other disability, or good cause, the Commission may , in its discretion, allow further time for the filing of the returns required by this section. The Commission may require the filing of tentative return showing the amount of tax estimated to be due, in which case at least one fourth of the amount of tax estimated due by a corporation, and the entire amount of tax estimated by an individual or a fiduciary, shall must be paid. The completed return must be filed within the time allowed by the Commission and the balance of the tax or installment of the tax due must be paid in full."/

Amend further, as and if amended, by striking Section 12-19-20 of the 1976 Code as contained in SECTION 9, page 5, and inserting:

/"Section 12-19-20. Every corporation organized under the laws of this State and every corporation organized to do business under the laws of any other state, territory, or country and qualified to do business in South Carolina and any other corporation required by Section 12-7-230 to file income tax returns shall, in addition to any and all other requirements of law, make a report annually to the Tax Commission on or before the fifteenth day of the third month next after the preceding income year in such a form as may be prescribed by the Tax Commission containing such information and facts as the Commission may require for the administration of the provisions of this chapter. Organizations exempt from taxation under Internal Revenue Code Section 501, in addition to other requirements of law, shall make a report to the Commission on or before the fifteenth day of the fifth month following the close of the taxable year."/

Amend title to conform.

Renumber remaining sections to conform.

Rep. KIRSH explained the amendment.

POINT OF ORDER

Rep. J. ARTHUR made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 404 -- POINT OF ORDER

The following Bill was taken up.

S. 404 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO AMEND SECTIONS 12-21-670, 12-21-1710, AS AMENDED, AND 12-21-2440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE LICENSES REQUIRED BY THE SOUTH CAROLINA TAX COMMISSION FROM PERSONS ENGAGED IN PURCHASING, SELLING, OR DISTRIBUTING TOBACCO PRODUCTS FOR PURPOSES OF THE TOBACCO TAX, DISTRIBUTORS AND WHOLESALE DEALERS IN SOFT DRINKS FOR PURPOSES OF THE SOFT DRINK TAX, AND OPERATORS OF PLACES OF AMUSEMENT, FOR PURPOSES OF THE ADMISSIONS TAX, SO AS TO PROVIDE FOR PERMANENT LICENSING AND TO REPEAL SECTION 12-21-1720 RELATING TO ANNUAL PAYMENT OF LICENSES FEES.

Rep. KIRSH explained the Bill.

POINT OF ORDER

Rep. BEASLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

RECURRENCE TO THE MORNING HOUR

Rep. SHEHEEN moved that the House recur to the morning hour, which was agreed to.

H. 2733 -- DEBATE ADJOURNED

Rep. FELDER moved to adjourn debate upon the following Bill, which was adopted.

H. 2733 -- Reps. Foxworth, Blackwell, Simpson, Archibald and D. Martin: A BILL TO AMEND SECTION 57-5-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, REQUIRING A PERMIT FROM THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO OPEN A PRIVATE DRIVEWAY OR SIDE-ROAD ENTRANCE OR EXIT TO A PRIMARY HIGHWAY, SO AS TO REQUIRE A PERMIT TO OPEN AN ENTRANCE OR EXIT TO A SECONDARY HIGHWAY.

H. 2283 -- DEBATE ADJOURNED

Rep. DAY moved to adjourn debate upon the following Bill, which was adopted.

H. 2283 -- Reps. Carnell, McAbee, Gulledge, Hughston and Mangum: A BILL TO AMEND SECTION 59-111-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION AT STATE-SUPPORTED COLLEGES, UNIVERSITIES AND TECHNICAL SCHOOLS FOR CHILDREN OF CERTAIN VETERANS WHO HAVE HONORABLY SERVED IN A BRANCH OF THE MILITARY SERVICE OF THE UNITED STATES DURING A WAR PERIOD SO AS TO PROVIDE THAT THIS FREE TUITION MUST ALSO BE GRANTED TO CHILDREN OF THESE VETERANS WHO DIED WHILE IN SERVICE OR FROM A DISEASE OR DISABILITY RESULTING FROM SERVICE REGARDLESS OF WHETHER OR NOT THE VETERAN SERVED DURING A WAR PERIOD.

Election of the Legislative Audit
Council Nominating Committee

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3255 -- Rep. Schwartz: A HOUSE RESOLUTION TO FIX THE TIME FOR ELECTING TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES TO SERVE ON THE NOMINATING COMMITTEE FOR MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL AT 3:00 P.M., WEDNESDAY, JANUARY 15, 1986.

The SPEAKER announced that nominations were in order for two members of the Legislative Audit Council Nominating Committee.

Rep. L. MARTIN nominated Rep. CLEVELAND.

Rep. TOAL nominated Rep. EVATT.

On motion of Rep. BLANDING nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon the SPEAKER announced that Reps. CLEVELAND and EVATT were duly elected for the term prescribed by law.

Rep. TOAL moved that the House do now adjourn which was adopted.

ADJOURNMENT

At 3:05 P.M. the House in accordance with the motion of Rep. TOAL adjourned to meet at 10:00 A.M. tomorrow.

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