Indicates Matter Stricken
Indicates New Matter
The House assembled at 3:00 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 told us, O Lord, to pray for those in authority. Remind us of this as we hear our State's highest officer tonight.
May we give him our prayers, not merely our promises.
He needs our help, not our hassle.
He deserves to know where we stand, and not to wonder.
We cannot always agree with him, but we can always pray for him. And prayer is one of the things we can do and have everything to gain and nothing to lose.
"Lord, teach us how to pray aright." 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. HAYES.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.
The following was received.
January 20, 1986
The Honorable Samuel R. Foster
Member South Carolina House
Of Representatives
Route 8 Box 104A1
Rock Hill, SC 29730
Dear Sam:
I am today appointing you to serve on the House Invitations Committee with the understanding that it is temporary during the suspension of Mr. Woods.
Upon the reinstatement of Mr. Woods, he will of course resume his position as Chairman and a member of the Invitations Committee.
Thank you for your willingness to serve temporarily in this capacity.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
The following were received.
January 21, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 645)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 16, 1986 regulations concerning Drought Planning and Response from the State of S.C. Water Resources Commission.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Ramon Schwartz, Jr.
January 21, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 656)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 16, 1986 regulations concerning Interbasin Transfer of Water from the State of S.C. Water Resources Commission.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Ramon Schwartz, Jr.
January 21, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 658)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on January 20, 1986 regulations concerning Definitions, license requirements, including examination and fees, and standards of professional conduct from the S.C. Board of Occupational Therapy.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
The Senate amendments to the following Bill were taken up for consideration.
H. 2259 -- Reps. Ferguson, Kirsh and Lewis: A BILL TO AMEND ARTICLES 3, 7, 9, AND 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURIES AND CERTAIN JURY PROCEDURES, SO AS TO REVISE THE SELECTION PROCESS FOR JURORS OF THE PETIT AND GRAND JURIES, AND TO REPEAL ARTICLE 5, CHAPTER 7 OF TITLE 14, RELATING TO THE ALTERNATIVE METHOD OF DRAWING AND SUMMONING JURORS IN THE CIRCUIT COURT, AND TO REPEAL ACT 208 OF 1977, RELATING TO JURY POOLS WHEN CONCURRENT TERMS OF CIRCUIT COURT ARE SCHEDULED.
Reps. SHEHEEN and LEWIS proposed the following Amendment No. 1 (Doc. No. 1245R), which was adopted.
Amend the bill, as and if amended, by striking Section 14-7-840 of the 1976 Code which begins on line 4 of page 17 and inserting:
/Section 14-7-850 14-7-840. No person shall be is exempt from service as a juror in any court of this State, except officers of the United States, of this State or of a county or municipal corporation while in the actual discharge of his duties as such, practicing physicians, surgeons, pharmacists, practicing attorneys at law, men and women over sixty-five seventy years of age , registered nurses, licensed practical nurses and practicing dentists. Notaries public shall not be deemed and considered state officers and shall not be exempt under this section upon their request.
Any person exempt under this section may be excused only as directed by the court. The jury commissioners shall not excuse or disqualify any juror under this section. The clerk of court shall maintain a list of persons excused by the court and the reasons the juror was determined to be excused./
Amend title to conform.
Rep. SHEHEEN explained the Amendment.
Rep. THRAILKILL asked unanimous consent that the time of the speaker be extended 10 minutes, which was agreed to.
Rep. SHEHEEN continued speaking.
Rep. FERGUSON explained the Senate Amendment.
The question then recurred to the adoption of Amendment No. 1.
Rep. ALEXANDER demanded the yeas and nays, which were not ordered.
The Amendment was then adopted by a division vote of 57 to 30.
Rep. FERGUSON proposed the following Amendment No. 2 (Doc. No. 1254R), which was adopted.
Amend the bill, as and if amended, page 2, line 34, by deleting /1985/ and inserting /1986/.
Amend title to conform.
Rep. FERGUSON explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate returned to the House with amendments the following:
S. 453 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-305 SO AS TO PROVIDE FOR THE PAYMENT OF TAXES, INTEREST, AND PENALTIES WHEN THE VALUATION OF THE PROPERTY TAXED IS APPEALED.
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. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 2165 -- Rep. Kohn: A BILL TO AMEND SECTION 56-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MINIMUM MEDICAL, HOSPITAL, AND DISABILITY INSURANCE AND ECONOMIC LOSS BENEFITS REQUIRED BY THE AUTOMOBILE REPARATION ACT, SO AS TO DELETE LANGUAGE WHICH PROHIBITS THE ASSIGNMENT OF THESE BENEFITS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 2958 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTIONS 40-15-70, 40-15-110, 40-15-130, 40-15-140, AS AMENDED, 40-15-170, 40-15-190, 40-15-200, AS AMENDED, 40-15-210, 40-15-250, 40-15-300, AND 40-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO TO CHANGE THE REFERENCE TO COUNCIL ON DENTAL EDUCATION OF THE AMERICAN DENTAL ASSOCIATION TO THE COMMISSION ON DENTAL ACCREDITATION, TO ALSO DEFINE THE PRACTICE OF DENTISTRY TO INCLUDE ANYONE WHO OWNS OR LEASES AN ESTABLISHMENT OF ANY KIND IN WHICH DENTAL SERVICES ARE PERFORMED; TO PERMIT DENTAL ASSISTANTS AND HYGIENISTS TO TAKE IMPRESSIONS UNDER SUPERVISION OF A DENTIST; TO PERMIT DENTISTS AND DENTAL SPECIALISTS TO ADVERTISE, REQUIRE DENTISTS PRACTICING UNDER A TRADE NAME OR AS AN EMPLOYEE OF A DENTIST OR OF A PROFESSIONAL ASSOCIATION TO DISPLAY HIS NAME AND PLACE OF PRACTICE AT THE ENTRANCE WHERE PRACTICE IS CONDUCTED AND TO WEAR A NAME TAG; TO REQUIRE APPLICANTS FOR LICENSE TO PRACTICE DENTISTRY TO PRESENT EVIDENCE OF GOOD MORAL CHARACTER AND A NONRESIDENT APPLICANT TO CERTIFY THAT HE HAS NOT VIOLATED THIS ACT AND TO PROVIDE THAT THE APPLICANT'S FEE BE FIXED BY REGULATION; TO PROVIDE THAT THE LICENSE OF A DENTIST OR DENTAL HYGIENIST WHO DOES NOT RESIDE OR PRACTICE IN THIS STATE FOR SIX SUCCESSIVE YEARS IS INACTIVE INSTEAD OF REVOKED; TO PROVIDE GROUNDS FOR REVOCATION, SUSPENSION, PROBATION, REPRIMAND, OR OTHER RESTRICTION OF THE LICENSE OF A DENTIST, DENTAL HYGIENIST, OR TECHNICIAN; TO PROVIDE FOR A PUBLIC OR PRIVATE REPRIMAND FOR VIOLATION OF THIS ACT AND PLACE THE PARTY ON PROBATION OR IMPOSE A FINE OF UP TO ONE THOUSAND DOLLARS; TO PROVIDE A PENALTY; AND TO PROVIDE THAT THE FEE FOR THE EXAMINATION FOR LICENSING SPECIALISTS IS FIXED BY REGULATION AND EXEMPT DIPLOMATES OF A NATIONAL CERTIFYING BOARD; AND TO AMEND THE CODE BY ADDING SECTIONS 40-15-215, 40-15-390, AND 40-15-400 SO AS TO PROVIDE THAT FINAL ORDERS OF THE BOARD THAT THE DENTIST, DENTAL HYGIENIST, OR TECHNICIAN IS GUILTY ARE MADE PUBLIC UNLESS THE ACCUSATION IS DISMISSED, PROVIDE THAT DENTISTS MAY NOT BE DENIED MEMBERSHIP ON THE MEDICAL STAFF OF A STATE LICENSED HOSPITAL, AND PERMIT AN INSURED TO CHOOSE ANY LICENSED DENTIST TO PROVIDE DENTAL SERVICES UNDER ACCIDENT AND HEALTH CARE INSURANCE OR DENTAL PLAN.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a report recommending that the Bill be referred to the Committee on Education and Public Works on:
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.
The following was introduced:
H. 3326 -- Reps. Lloyd I. Hendricks, T. Rogers, Toal, McBride, Taylor, Faber, Hearn, M.D. Burriss, Evatt and T.M. Burriss: A CONCURRENT RESOLUTION TO CONGRATULATE J. WILLIS CANTEY OF COLUMBIA UPON RECEIVING THE FIRST DISTINGUISHED SERVICE AWARD PRESENTED BY THE PALMETTO STATE CHAPTER OF THE ASSOCIATION OF THE U.S. ARMY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3327 -- Reps. Thrailkill, Pearce, Elliott and Barfield: A CONCURRENT RESOLUTION TO COMMEND MRS. ELIZABETH SHAW FOR HER FORTY-THREE YEARS OF DEDICATED AND EFFICIENT SERVICE TO THE CANAL WOOD CORPORATION IN HORRY COUNTY AND TO CONGRATULATE HER FOR BEING APPOINTED TO SERVE ON THE HORRY COUNTY HIGHER EDUCATION COMMISSION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3328 -- Reps. Helmly, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Blatt, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT AND CONCERN OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR BELOVED FRIEND AND ESTEEMED COLLEAGUE, SENATOR REMBERT C. DENNIS, AND HIS FAMILY AS A RESULT OF THIS LATEST TRAGIC MISFORTUNE, THE DESTRUCTION BY FIRE OF THEIR HOME, LEWISFIELD PLANTATION, IN MONCKS CORNER.
Whereas, during the recent past, tragedy has been an unwelcome companion of our friend and colleague, Senator Rembert C. Dennis, and his family; and
Whereas, while on the mend from two automobile accidents, another tragedy has befallen the Senator and his family--a holocaust consumed their home and a part of South Carolina history that can never be recovered; and
Whereas, what survives this tragedy transcends the material loss--what truly survives is the indomitable character of a great spirit, a man, plagued by the harsh and unpredictable whims of misfortune, who can reach into his soul to declare "I'm a man of faith. I can handle it"; and
Whereas, for our good friend life will go on and from the ashes of his treasured Lewisfield a greater storied home will arise that will serve as a monument to a family who from adversity captured renewed faith, determination, and courage, thus putting meaning into the motto of the State he serves so faithfully and well--Dum Spiro Spero (While I breath I hope); and
Whereas, the members of the General Assembly are extremely desirous that Senator Dennis and his wife, Natalie, be made aware that their hopes and prayers are with them in this time of great disruption in their lives. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly express their support and concern to their beloved friend and esteemed colleague, Senator Rembert C. Dennis, and his family as a result of this latest tragic misfortune, the destruction by fire of their home, Lewisfield Plantation, in Moncks Corner.
Be it further resolved that a copy of this resolution be forwarded to Senator Dennis and his family.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3329 -- Reps. T. Rogers, Faber, Toal, Taylor, Lloyd Hendricks and McBride: A CONCURRENT RESOLUTION TO CONGRATULATE RANDY AND MARTHA KISER, AS THE PARENTS, AND GEORGE AND HAZEL KISER AND BILL AND JANE MANSFIELD, AS THE GRANDPARENTS, OF THEIR DAUGHTER AND GRANDDAUGHTER OF EMILY ELIZABETH KISER WHO WAS BORN ON JULY 31, 1985.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 872 -- Senators J. Verne Smith, Theodore, Mitchell and Bryan: A CONCURRENT RESOLUTION TO CONGRATULATE AND TO RECOGNIZE COACH DICK SHERIDAN AND THE 1985 FOOTBALL TEAM OF FURMAN UNIVERSITY OF GREENVILLE FOR A GREAT SEASON AND FOR FINISHING AS NATIONAL RUNNER-UP IN THE NCAA DIVISION I-AA FOOTBALL PLAYOFFS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 873 -- Senators Garrison, Lindsay, Waddell, Doar, Drummond, Williams, Peeler, Saleeby and Land: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO W. L. ABERNATHY, JR., FOR HIS FIFTY YEARS OF DEDICATED AND EFFICIENT PUBLIC SERVICE AS A REPRESENTATIVE OF CLEMSON EXTENSION SERVICE AND THE SOUTH CAROLINA DAIRY ASSOCIATION, AS MANAGER OF THE AGRICULTURAL AND MECHANICAL SOCIETY OF SOUTH CAROLINA (THE STATE FAIR), AND AS A MEMBER OF THE AGRICULTURE COMMISSION OF SOUTH CAROLINA, AND EXTENDING BEST WISHES TO HIM DURING HIS RETIREMENT YEARS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 874 -- Senators Drummond, Moore, Setzler and Shealy: A CONCURRENT RESOLUTION TO INVITE WILLIAM "THE REFRIGERATOR" PERRY, DEFENSIVE TACKLE WITH THE CHICAGO BEARS FOOTBALL TEAM AND FORMER LEGENDARY DEFENSIVE PLAYER WITH THE CLEMSON UNIVERSITY TIGERS, TO VISIT THE SOUTH CAROLINA STATE HOUSE FOR A RECEPTION IN THE MAIN LOBBY BY THE GENERAL ASSEMBLY OF SOUTH CAROLINA IN HIS HONOR ON WEDNESDAY, FEBRUARY 26, 1986, AT 12:00 NOON.
Whereas, the members of the General Assembly have observed the meteoric rise of a native son in the football world; and
Whereas, William "The Refrigerator" Perry, a full-time defensive tackle and part-time running back for the Chicago Bears Football Team, has deep roots in this State; and
Whereas, as a standout at Aiken High School, Mr. Perry, while playing at Clemson University, was nicknamed "The Refrigerator" by one of his teammates; and
Whereas, "Fridge" has established himself as one of the outstanding rookies in the National Football League and earned the reputation as a stalwart in the defensive line of the Bears; and
Whereas, as a rookie, "Fridge" has helped the Bears earn a spot in Super Bowl XX; and
Whereas, his athletic ability extends to the basketball court as well as the diving platform; and
Whereas, the arrival of this now svelte three hundred-five-pound personality will require extensive renovations to the elevator system in the State House; and
Whereas, his cherubic face and kind demeanor have made William Perry a folk hero adored by children and adults alike; and
Whereas, the "Fridge" displayed his humanity and concern for his fellowman by donating one thousand dollars and heading up the fund drive for medical and hospital care for the Jenkins child; and
Whereas, through his warm and friendly personality he has been adopted by our Nation as a symbol of all good things in professional athletics; and
Whereas, the Sergeant-at-Arms will be required to swing wide the doors of the State House to accommodate this giant of a man whose notable girth is only matched by his good naturedness and prowess on the football field. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly wish to invite William "The Refrigerator" Perry, defensive tackle with the Chicago Bears Football Team and former legendary defensive player with the Clemson University Tigers, to visit the South Carolina State House on Wednesday, February 26, 1986, at 12:00 noon for a reception in the main lobby by the General Assembly of South Carolina in his honor.
Be it further resolved that a copy of this resolution be forwarded to William Perry.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 875 -- Senator Long: A CONCURRENT RESOLUTION COMMENDING RANK DEVELOPMENT, INC., THE DEVELOPER OF KINGSTON PLANTATION IN HORRY COUNTY, FOR ITS OUTSTANDING AND HIGHLY SUCCESSFUL EFFORTS TO PRESERVE AND PROTECT THE ENVIRONMENT IN CARRYING OUT THIS DEVELOPMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 876 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF J. I. "MR. JIM" McCULLOCH 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.
The Senate sent to the House the following:
S. 877 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF SERGEANT MICHAEL BARRY BRIDGES, JR., 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.
The Senate sent to the House the following:
S. 878 -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE RANDY AND MARTHA KISER, AS THE PARENTS, AND GEORGE AND HAZEL KISER AND BILL AND JANE MANSFIELD, AS THE GRANDPARENTS, OF THEIR DAUGHTER AND GRANDDAUGHTER OF EMILY ELIZABETH KISER WHO WAS BORN ON JULY 31, 1985.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3330 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 1986 ONLY, ALL COUNTIES WITH A POPULATION OF TWENTY-FIVE THOUSAND OR LESS AS DETERMINED BY THE MOST RECENT OFFICIAL UNITED STATES CENSUS, WHICH ARE NOT OTHERWISE DESIGNATED AS A LESS DEVELOPED AREA OF THE STATE PURSUANT TO SECTION 12-7-616 OF THE 1976 CODE FOR PURPOSES OF THE TAX CREDIT FOR NEW JOBS, ARE ALSO CONSIDERED A LESS DEVELOPED AREA FOR PURPOSES OF THIS TAX CREDIT FOR NEW JOBS.
Without reference.
H. 3331 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1981, 1982, 1983, 1984, 1985, AND 1986 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1986.
Without reference.
H. 3332 -- Rep. McAbee: A BILL TO VEST IN CLEMSON UNIVERSITY THE TITLE TO LANDS CONSTITUTING PORTIONS OF THE OLD PEE DEE EXPERIMENT STATION IN FLORENCE COUNTY PREVIOUSLY ACQUIRED BY THE STATE OF SOUTH CAROLINA FOR THE USE OF CLEMSON UNIVERSITY IN ITS AGRICULTURAL RESEARCH PROGRAM.
On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3333 -- Reps. Keyserling and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 IN CHAPTER 37 OF TITLE 12 SO AS TO PROVIDE AT THE OPTION OF THE GOVERNING BODY OF A COUNTY A FREEZE ON THE AD VALOREM TAXES ON REAL ESTATE OF DISABLED PERSONS OR LOW INCOME HOUSEHOLDS, TO DEFINE TERMS, TO PROVIDE A PROCEDURE FOR CLAIMING THE FREEZE AND DETERMINING ELIGIBILITY, AND TO PROVIDE A PROCEDURE FOR APPEALS.
Referred to Committee on Ways and Means.
H. 3334 -- Reps. McAbee and Toal: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE JOINT MUNICIPAL WATER SYSTEMS ACT, SO AS TO INCLUDE WITHIN THE DEFINITION OF "PROJECT" THE COLLECTION, TREATMENT, AND DISPOSAL OF WASTEWATER; TO AMEND THE CODE BY ADDING SECTIONS 6-25-25 AND 6-25-35 SO AS TO AUTHORIZE A JOINT SYSTEM FORMED UNDER THE PROVISIONS OF THE JOINT MUNICIPAL WATER SYSTEMS ACT TO PURCHASE, CONSTRUCT, ACQUIRE, AND TO DO OTHER ACTS NECESSARY TO ACCOMPLISH THE PURPOSES AUTHORIZED UNDER THE ACT AND TO INCLUDE THE NEW PURPOSES AS ADDED BY THE PROVISIONS OF THIS ACT WHEN REFERRING TO PROJECT PURPOSES PERTAINING SPECIFICALLY TO WATER.
On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3335 -- Reps. Mitchell, McBride, Faber, Taylor, K. Bailey, G. Bailey and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-185, SO AS TO REQUIRE SCHOOL DISTRICTS TO ESTABLISH A PROGRAM TO RECRUIT ADULT VOLUNTEERS TO RIDE ON SCHOOL BUSES TO ASSIST THE DRIVER IN MAINTAINING ORDER.
Referred to Committee on Education and Public Works.
H. 3336 -- Rep. Davenport: A BILL TO PROVIDE LIMITATIONS ON THE INCREASE IN THE TAX MILLAGE WHICH MAY BE LEVIED FOR SCHOOL PURPOSES IN SPARTANBURG COUNTY BEGINNING JUNE 30, 1986, TO LIMIT THE TOTAL AMOUNT OF AD VALOREM TAXES FOR SCHOOL PURPOSES WHICH MAY BE COLLECTED IN ANY YEAR DUE TO REASSESSMENT OF PROPERTY, TO AUTHORIZE THE CREATION OF A COMMITTEE TO ADVISE THE SPARTANBURG COUNTY LEGISLATIVE DELEGATION ON BUDGET AND MANAGEMENT MATTERS RELATING TO THE SCHOOL DISTRICTS, TO REQUIRE THE SCHOOL DISTRICTS TO JUSTIFY THE TOTAL AMOUNT OF THEIR ANNUAL BUDGETARY REQUESTS, TO REQUIRE THE COUNTY BOARD OF EDUCATION TO FURNISH THE COMMITTEE ABOVE ESTABLISHED AND THE LEGISLATIVE DELEGATION WITH THE APPROVED BUDGET OF EACH DISTRICT, AND TO REQUIRE EACH SCHOOL DISTRICT TO PROVIDE THE LEGISLATIVE DELEGATION WITH A MONTHLY EXPENDITURE REPORT.
Referred to Spartanburg Delegation.
H. 3337 -- Agriculture and Natural Resources Committee: A BILL TO REPEAL SECTIONS 39-19-240, 39-19-250, 39-19-260, 39-19-270, AND 39-19-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF TOBACCO WAREHOUSEMEN.
Without reference.
H. 3338 -- Agriculture and Natural Resources Committee: A BILL TO REPEAL SECTION 46-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT RECORDS OF THE COMMISSIONER OF AGRICULTURE MUST BE KEPT AND PRESERVED FOR FIVE YEARS.
Without reference.
H. 3339 -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 7 SO AS TO PROVIDE STANDARDS GOVERNING CANCELLATION, NONRENEWAL, AND RENEWAL OF PROPERTY INSURANCE AND CASUALTY INSURANCE COVERAGES, INCLUDING, AMONG OTHER THINGS, THE ESTABLISHMENT OF UNLAWFUL ACTS.
Without reference.
H. 3340 -- Reps. Townsend, Kirsh, P. Harris, Chamblee, Kay and Cooper: A BILL TO EXEMPT VOLUNTEER FIRE BRIGADES FROM OCCUPATIONAL HEALTH AND SAFETY REGULATIONS ENFORCED BY THE SOUTH CAROLINA DEPARTMENT OF LABOR.
Referred to Committee on Labor, Commerce and Industry.
H. 3341 -- Reps. Beasley, Elliott, J. Rogers and Neilson: A BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO REQUIRE MOTOR VEHICLES WITH A CAPACITY OF SIXTEEN OR MORE PASSENGERS TO ALSO HAVE THE LIABILITY INSURANCE THAT WOULD BE REQUIRED BY FEDERAL LAW FOR THESE VEHICLES AND TO PROVIDE THAT THE SOUTH CAROLINA INSURANCE COMMISSION SHALL HAVE JURISDICTION OVER THE RATES AND PREMIUMS THAT MAY BE CHARGED BY INSURERS FOR THIS INSURANCE.
Referred to Committee on Labor, Commerce and Industry.
H. 3342 -- Reps. Beasley, McLeod and J. Rogers: A BILL TO AMEND SECTION 50-9-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT HUNTING LICENSES SO AS TO ELIMINATE TEN-DAY AND THREE-DAY TEMPORARY LICENSES.
Referred to Committee on Agriculture and Natural Resources.
H. 3343 -- Reps. Barfield, Day, Beasley, Lockemy, Rigdon, G. Bailey, Elliott, Koon, Thrailkill, Gilbert, H. Brown, Helmly, Williams, Sharpe, Harvin, Davenport, Chamblee, J. Rogers, Waldrop, Shelton, Moss and Neilson: A BILL TO AMEND ACT 167 OF 1985 RELATING TO ORGANIZED RESCUE SQUADS AND VOLUNTEER FIRE DEPARTMENTS SOLICITING FUNDS FROM MOTORISTS WITHIN A MUNICIPALITY ON DESIGNATED DAYS UNDER CERTAIN CONDITIONS SO AS TO PERMIT A CHARITABLE OR ELEEMOSYNARY ORGANIZATION TO ALSO SOLICIT FUNDS FROM MOTORISTS WITHIN A MUNICIPALITY ON THE FIRST FRIDAY AND SATURDAY IN MAY UNDER CERTAIN CONDITIONS.
Referred to Committee on Education and Public Works.
H. 3344 -- Reps. Williams and Day: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-665 SO AS TO ESTABLISH AN ANNUAL REGISTRATION AND LICENSE FEE OF TEN DOLLARS FOR PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER FOR ONE PERSONAL TRUCK UNDER EIGHT THOUSAND POUNDS GROSS WEIGHT AND AN EMPTY WEIGHT OF FIVE THOUSAND POUNDS OR LESS.
Referred to Committee on Ways and Means.
H. 3345 -- Reps. Kirsh, White, Rawl, Washington, D. Martin, Winstead, Freeman, Foster, J. Rogers, Hawkins and Gordon: A BILL TO AMEND SECTIONS 20-7-1740, 20-7-1780, AS AMENDED, 20-7-1900, 20-7-1930 THROUGH 20-7-1970, 20-7-2000 THROUGH 20-7-2020, 20-7-2060, AND 20-7-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION PROVISIONS IN THE CHILDREN'S CODE, SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO DELETE ALL REFERENCES TO THE CHILDREN'S BUREAU (BUREAU); SECTIONS 20-7-2300 THROUGH 20-7-2310, AND 20-7-2340, AS AMENDED, RELATING TO THE BUREAU, SO AS TO DELETE ALL PROVISIONS PERTAINING TO THE BUREAU, PROVIDE THAT THE CHILD IS THE PRIMARY CLIENT OF STATE ADOPTIVE PROGRAMS, ESTABLISH A SINGLE PUBLIC ADOPTION SYSTEM WITHIN THE DEPARTMENT, PROVIDE FOR THE ADMINISTRATION OF THE PUBLIC ADOPTION AGENCY BY THE DEPARTMENT, AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH FEES FOR ADOPTION AND RELATED SERVICES; TO ADD SECTION 20-7-1945 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES (DEPARTMENT) TO CONDUCT A STUDY OF THE ADEQUACY OF MEDICAL, SHELTER, AND SUPPORT SERVICES FOR BIRTH PARENTS AND DETERMINE WHAT IMPROVEMENTS ARE NEEDED TO ESTABLISH A TRANSITION COMMITTEE TO ASSIST IN THE TRANSFER OF ALL OPERATIONS FROM THE BUREAU TO THE DEPARTMENT, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL MAKE AS PROMPTLY AND PRACTICABLE AS POSSIBLE THE NECESSARY TRANSFERS TO CARRY OUT THE TRANSITION COMMITTEE'S PLAN, AND TO PROVIDE FOR THE COMPOSITION, POWERS, AND DISSOLUTION OF THE COMMITTEE; TO PROVIDE THAT ALL APPLICATIONS ON FILE WITH THE BUREAU AND THE DEPARTMENT ON THE EFFECTIVE DATE OF THIS ACT SHALL RECEIVE PRIORITY CONSIDERATION FOR ADOPTIVE PLACEMENTS WITH THE DEPARTMENT; TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ACT; AND TO REPEAL SECTIONS 20-7-1830 THROUGH 20-7-1890, 20-7-2320, 20-7-2325, 20-7-2330, AND 20-7-2350 THROUGH 20-7-2370 RELATING TO THE VARIOUS RESPONSIBILITIES OF THE BUREAU REGARDING ADOPTION, THE PROVISIONS AUTHORIZING THE BOARD OF DIRECTORS OF THE BUREAU TO PRESCRIBE POLICIES AND ADMINISTRATIVE DUTIES OF THE BUREAU, DISBURSEMENT OF FUNDS APPROPRIATED TO THE BUREAU BY THE GENERAL ASSEMBLY, THE PROVISIONS CONCERNING THE FEES FOR SERVICES PROVIDED BY THE BUREAU, REQUIREMENT THAT THE BOARD OF DIRECTORS MUST HIRE A SUPERVISOR OF THE BUREAU, THE REQUIREMENT OF AN ANNUAL REPORT BY THE BUREAU, AND THE PENALTY PROVISIONS FOR VIOLATION OF SUBARTICLE 3 OF ARTICLE 13 OF CHAPTER 20 OF TITLE 7 (CHILDREN'S BUREAU).
Referred to Committee on Medical, Military, Public and Municipal Affairs.
On motion of Rep. LEWIS, with unanimous consent, it was ordered that H. 3330 be read the second and third times the next two successive legislative days.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. 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 Hayes 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 Marchant Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington White Wilkins Williams Winstead Woodruff
I came in after the roll call and was present for the Session on January 22, 1986.
Paul E. Short, Jr.
STATEMENT OF ATTENDANCE
Rep. EDWARDS signed a statement with the Clerk that he came in after the roll call of the House and was present for the session on Tuesday, January 21, 1986.
The SPEAKER PRO TEMPORE granted Rep. SHORT a leave of absence until 5:00 P.M.
Announcement was made that C. Tucker Weston is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 826 -- Senator Leventis: A BILL TO AMEND SECTION 7-7-502, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PLACES OF THE VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE CERTAIN VOTING PLACES.
S. 827 -- Senators Garrison and Powell: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDEFINE PRECINCT LINES WITHIN THE CITY OF ANDERSON.
H. 3316 -- Rep. J. Anderson: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SLAUGHTER BROTHERS POST HOLDING CO., INC.
S. 825 -- Senator Bryan: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-288 IN LAURENS COUNTY, WHICH WILL THEN BE PLACED IN THE LAURENS COUNTY ROAD SYSTEM.
On motion of Rep. HUFF, with unanimous consent, it was ordered that H. 3316 be read the third time tomorrow.
On motion of Rep. J. W. JOHNSON, with unanimous consent, it was ordered that S. 825 be read the third time tomorrow.
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.
Rep. BEASLEY objected to the Bill.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 452 -- Finance Committee: A BILL TO AMEND SECTION 12-15-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE GROSS ESTATE OF A RESIDENT DECEDENT; TO AMEND SECTION 12-15-60, AS AMENDED, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE TAXABLE ESTATE OF A RESIDENT DECEDENT; TO AMEND SECTION 12-15-250, AS AMENDED, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE TAXABLE ESTATE OF A NONRESIDENT DECEDENT; TO AMEND SECTION 12-15-1540, AS AMENDED, RELATING TO THE LIABILITY OF BENEFICIARIES RECEIVING PROCEEDS OF LIFE INSURANCE POLICIES AND RELATED ITEMS; TO AMEND SECTION 12-15-1550, RELATING TO THE APPLICABILITY OF CERTAIN ESTATE TAX PROVISIONS OF LAW; TO AMEND SECTION 12-17-40, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "TAXABLE GIFTS"; AND TO AMEND SECTION 12-17-44, RELATING TO THE EFFECT THAT CERTAIN DISCLAIMERS OF PROPERTY INTERESTS HAVE UPON THE IMPOSITION OF THE GIFT TAX THEREON, SO AS TO REVISE THESE PROVISIONS FOR THE PURPOSE OF ADOPTING BY REFERENCE FOR STATE OF SOUTH CAROLINA PURPOSES CERTAIN FEDERAL PROVISIONS OF LAW.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, January 28, which was adopted.
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.
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.
Rep. Keyserling moved to table the Bill which was agreed to.
Rep. McABEE moved to adjourn debate upon the following Bill, which was adopted.
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.
Rep. McABEE moved to adjourn debate upon the following Bill, which was adopted.
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.
The following Joint Resolution was taken up.
H. 2702 -- Reps. Hawkins, Gregory and J. Rogers: A JOINT RESOLUTION TO DIRECT THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO ERECT AN EXTENSION OF THE RAILING ON THE SIDES OF THE FRONT AND BACK PORCHES OF THE STATE HOUSE, SO AS TO ENCLOSE THE UPPER PLATFORMS WHICH EXTEND FROM THE PORCHES.
Rep. J. ROGERS explained the Joint Resolution.
Rep. KLAPMAN objected to the Resolution.
The Joint Resolution was read the second time and ordered to third reading.
Upon the withdrawal of objections by Reps. TOWNSEND, O. PHILLIPS and KIRSH, the following Bill was taken up.
H. 2209 -- Reps. Cork, Aydlette, W. Arthur, Lloyd Hendricks, Cooper, Evatt, Woodruff, Huff, M.D. Burriss, Harvin, Marchant, Blanding, Koon, Carnell, Hawkins and Schwartz: A BILL TO AMEND ACT 190 OF 1979, RELATING TO FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE FIRE COMMISSION IS THE SINGLE SOURCE OF AUTHORITY TO PROMULGATE FIRE PREVENTION AND PROTECTION REGULATIONS AND TO PROVIDE THAT THE FIRE COMMISSION MAY NOT PROMULGATE REGULATIONS CONCERNING THE UNIFORM STANDARD FOR MANUFACTURED HOUSING; TO AMEND SECTION 23-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT FIRE MARSHALS, SO AS TO AUTHORIZE PERSONS CERTIFIED BY THE STATE FIRE MARSHAL TO EXERCISE THE POWERS AND DUTIES OF THE STATE FIRE MARSHAL AND TO AMEND SECTION 23-9-60, AS AMENDED, RELATING TO FIRE PREVENTION AND PROTECTION STANDARDS, SO AS TO DELETE THE REFERENCE TO MINIMUM STANDARDS.
Rep. J. BRADLEY moved to adjourn debate upon the Bill, which was adopted.
Rep. WILKINS withdrew his objection to H. 2813 however, other objections remained upon the Bill.
The following Bill was taken up.
H. 2287 -- Reps. Toal, J. Rogers, Hughston, J.W. Johnson, Klapman, Archibald, Sheheen, Kirsh, Wilkins, Taylor, McBride, Mangum, Woodruff, Faber, Schwartz, Keyserling, Pearce, Freeman, McLellan, Cleveland, Shelton, Harvin, P. Harris, Hayes, S. Anderson, Foxworth, B.L. Hendricks, Lloyd Hendricks, White, Gulledge, Russell, and Limehouse: A BILL TO AMEND SECTION 5-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF A PETITION SIGNED BY A MAJORITY OF FREEHOLDERS IN AN AREA DESIRING TO BE ANNEXED TO A MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT AN ELECTION BE HELD WITHIN THE ANNEXING MUNICIPALITY; SECTION 5-3-60, RELATING TO NOTICE OF THE ANNEXATION ELECTION HELD UNDER THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE BE POSTED IN THREE CONSPICUOUS PLACES WITHIN THE ANNEXING MUNICIPALITY; AND SECTIONS 5-3-70 AND 5-3-80, RELATING TO THE CONDUCT AND RESULTS OF THE ELECTION INITIATED PURSUANT TO THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE REFERENCES TO THE ELECTION BEING CONDUCTED AND VOTES BEING COUNTED WITHIN THE ANNEXING MUNICIPALITY.
Rep. TOAL explained the Bill.
On motion of Rep. TOAL, with unanimous consent, the following amendment was taken up for immediate consideration.
Reps. TOAL, FREEMAN, BLACKWELL, ALEXANDER, FAIR, PEARCE, MATTOS, L. PHILLIPS, ELLIOTT, J. ROGERS, RICE, SHEHEEN, KEYSERLING, FELDER, WILKINS, KLAPMAN, SHELTON, BARFIELD, KIRSH and P. BRADLEY proposed the following Amendment No. 5 (Doc. No. 1249R):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 5-3-300. (A) Notwithstanding any other provision of law, nothing in this chapter shall affect the service area of any special purpose district or public service district (district). Any resident of a municipality residing in the district may apply to a court of competent jurisdiction for a hearing to order any district to cease and desist from furnishing any service inside a municipality if it is shown that the service provided by the district is inadequate or undependable, and cannot or will not be made adequate or dependable within a reasonable time, or that the rates, conditions of service, or service regulations, applied to the consumers, are unreasonably discriminatory. No action, pursuant to this section, involving the same issue may be brought for a period of two years following conclusion of any suit brought under the provisions of this section. In determining the adequacy and dependability of service or whether rates, conditions of service, or service regulations are unreasonably discriminatory, the court may not consider rate differentials between the affected district and the municipality. Upon a finding by the court of inadequacy, undependable, or unreasonably discriminatory service, the court shall order necessary improvements or corrections or the sale of the facilities of the district to the municipality for just compensations provided in subsection (B) of this section.
(B) Within ten days after notice is given by the municipality of its intent to purchase the facilities and properties of the district, the parties shall each select a representative in order to reach an agreement on just compensation. The district shall make its pertinent books and records available to the representative of the municipality. If the representatives are unable to agree on just compensation within a period of sixty days, they shall jointly request the resident judge of the judicial circuit in which the facilities and properties to be purchased are situate to submit a list of five disinterested persons from which the selection of an arbiter must be made. The resident judge shall submit the list within five days after receipt of a request. Within five days after receipt of the list from the resident judge, the representatives of the parties shall meet, and each party has alternate strikes, the first strike to be chosen by lot, until one person remains on the list, and this person is the arbiter, whose expenses and fee for service rendered, as assessed by him against either or both parties, are subject to review by the resident judge. The arbiter shall give each representative an opportunity to be heard, and his decision on just compensation, including reasonable expenses, engineers' and attorneys' fees justifiably incurred by the district as allowed by the arbiter, is final and binding on the parties.
If either party fails to act during the time limitation set forth above for the accomplishment of a particular step within this procedure without the consent of the other party, then the party failing to act forfeits his rights in the selection of an arbiter and his rights to be heard by the arbiter.
For the purposes of this section, 'just compensation' consists of the total of the following:
(a) Reproduction cost, new, of the facilities being acquired, less depreciation on a straightline basis;
(b) Cost of reintegrating the system of the district after detaching the portion to be sold.
(c) An additional amount, in recognition of the loss of revenue of greater than average value, equivalent to two and one-half times the gross revenue derived by the district from the consumers on the lines being acquired during the twelve months next preceding the first of the month in which notice of purchase was given the district.
The total sum paid by a municipality under the provisions of this section for acquisition of facilities is the original cost of the facilities to be entered on its books and records for all accounting purposes."
SECTION 2. Section 5-3-150 of the 1976 Code is amended to read:
"Section 5-3-150. (1) (A) Any area or property which is contiguous to a city or town municipality may be annexed to the city or town municipality by filing with the municipal governing body a petition signed by seventy-five fifty-five percent or more of the freeholders, as defined in Section 5-3-240 owning at least seventy-five fifty-five percent of the assessed valuation of the real property in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the city or town municipality, the annexation shall be is complete and the election provided for in Sections 5-3-50 through 5-3-270 shall is not be required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed shall be is eligible to vote on such the ordinance. This method of annexation shall be is in addition to any other methods authorized by law ; provided, that and no such property shall may be annexed unless the following has have been complied with: (1) The petition must be dated before the first signature is affixed thereto to it and all necessary signatures must be obtained within six months from the date of the petition; (2) The petition and all signatures thereto to it shall must be open for public inspection at any time on demand of any resident of the municipality or area affected by the proposed annexation or by anyone owning property in the area to be annexed; (3) The petition shall must state the act or code section pursuant to which the proposed annexation is to be accomplished; (4) The petition shall must contain a description of the area to be annexed and there shall must be attached to the petition a plat of the area to be annexed; and (5) Any municipality or any person resident residing therein in the municipality and any person residing in the area to be annexed or owning real property therein in the area is empowered and authorized to institute and maintain a suit in the court of common pleas, or in a county court in those counties where the county courts have concurrent jurisdiction with the court of common pleas in such these matters, and in such the suit such a person may challenge and have adjudicated any issue raised in connection with the proposed or completed annexation.
(2) (B) The conditions relating to petitions set forth in this section shall apply only to the alternate method of annexation as defined in subsection (1) (A) of this section.
(3) (C) Notwithstanding the provisions of subsections (1) (A) and (2) (B) of this section, any area or property which is contiguous to a city or town municipality may be annexed to the city or town municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the city or town municipality, the annexation shall be is complete and the election provided for in Sections 5-3-50 through 5-3-80 shall is not be required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed shall be is eligible to vote on such the ordinance. This method of annexation shall be is in addition to any other methods authorized by law.
(D) When the procedure for annexation provided for in this section is followed, the assessed value of all real and personal property of any single freeholder to be annexed, as defined in Section 5-3-240, shall not at the time of a proposed annexation exceed twenty-five percent of the assessed value of real property of the area proposed to be annexed unless the freeholder has filed with the municipal clerk a written election to have the property considered as part of the area proposed to be annexed for the purposes of the current annexation election."
SECTION 3. Section 5-3-50 of the 1976 Code is amended to read:
"Section 5-3-50. If the city or town municipal council shall find finds that the petition filed pursuant to Section 5-3-20 has been signed by a majority twenty-five percent or more of the freeholders within the territory proposed to be annexed, it may certify that fact to the county commissioners of elections of the county in which the territory is situated. Such The territory shall may not be annexed until such certification is made by the city or town municipal council and an election is held pursuant to Sections 5-3-10 5-3-20 through 5-3-270. If so certified, the county commissioners of elections shall order an election to be held within the corporate limits of the municipality and within the territory proposed to be annexed to such the municipality , on the same date, on the question of extension of the corporate limits of the municipality by annexation of the territory proposed to be annexed."
SECTION 4. Section 5-3-60 of the 1976 Code is amended to read:
"Section 5-3-60. The county commissioners of elections shall give at least ten days' notice prior to the date set for such election by notice signed by the county commissioners of elections and posted in three conspicuous places within the corporate limits of the municipality and also three conspicuous places within the territory proposed to be annexed to the municipality or by similar notice published ten days prior to the time set for such election in a newspaper of general circulation within the corporate limits of the municipality and within the territory proposed to be annexed thereto to the municipality."
SECTION 5. Section 5-3-70 of the 1976 Code is amended to read:
"Section 5-3-70. The election so ordered pursuant to the provisions of Section 5-3-50 shall be is a special election and not a municipal election and shall must be held, regulated, and conducted in accordance with the rules, regulations and provisions prescribed by Chapters 13 and 17 of Title 7, except as is in this chapter otherwise provided. Registered qualified electors residing within the corporate limits of the municipality and registered qualified electors residing within the territory proposed to be annexed to the municipality shall have the same qualifications to vote in such this election as are required of registered qualified electors to vote in State state and county general elections. At such the election the registered qualified electors residing within the corporate limits of the municipality shall vote at the usual voting precincts thereof in boxes provided for that purpose, and the registered qualified electors residing within the territory proposed to be annexed to the named municipality shall vote in a separate box or boxes to be provided for such the purpose within the territory proposed to be annexed and in a precinct or precincts to be designated therein by the county commissioners of elections."
SECTION 6. Section 5-3-80 of the 1976 Code is amended to read:
"Section 5-3-80. The votes cast in such election within the corporate limits of the municipality and the votes cast within the territory proposed to be annexed to the named municipality shall be counted separately and the results thereof declared separately. The county commissioners of elections shall certify the result of such the election to the governing body of the municipality. If a majority of the votes cast by the qualified electors of the municipality and of the territory proposed to be annexed, each aggregated separately, shall each be are in favor of the annexation or if neither gives a majority against the annexation then the council shall publish the result of such the election and declare the annexed territory a part of the city or town municipality."
SECTION 7. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. TOAL explained the amendment.
Rep. J. ARTHUR asked unanimous consent that the time of the speaker be extended 5 minutes, which was agreed to.
Rep. TOAL continued speaking.
Rep. J. BRADLEY spoke upon the Bill and moved to adjourn debate upon the Bill.
Rep. TOAL raised the Point of Order that the motion to adjourn debate was improper on a Bill with Special Order status.
Rep. HOLT moved that the House recede until 6:45 P.M.
Rep. BEASLEY demanded the yeas and nays, which were not ordered.
The motion was then agreed to by a division vote of 70 to 28.
Further proceedings were interrupted by the House receding, the pending question being Rep. TOAL's Point of Order.
At 6:45 P.M. the House resumed, the SPEAKER in the Chair.
In reference to the Point of Order raised by Rep. TOAL on H. 2287, that debate cannot be adjourned on a Bill which is in Special Order status, the SPEAKER sustained the Point of Order.
On motion of the SPEAKER the House stood at ease subject to the call of Chair.
At 6:55 P.M. the House resumed, the SPEAKER in the Chair.
At 6:56 P.M. the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
H. 3311 -- Reps. Schwartz and S. Anderson: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, RICHARD W. RILEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P. M. ON WEDNESDAY, JANUARY 22, 1986.
Governor Riley was escorted to the rostrum by Senators Waddell, Mitchell and Theodore and Representatives L. MARTIN, MITCHELL and FAIR.
The PRESIDENT introduced Governor Riley who then addressed the Joint Assembly as follows:
Mr. President, Mr. Speaker, Members of this Joint Assembly, My Fellow South Carolinians:
First of all, let me thank each of you for your expressions of sympathy on the death of my mother last week. We all appreciate it very much.
Tonight marks the eighth occasion for us to come together to review the state of our state, and to look ahead at the unfinished challenges.
Together, we have carved a new spirit of hope and confidence, carved it on the minds and hearts of South Carolinians. We have closed the door on a South Carolina that tolerated mediocrity and we have entered a new South Carolina of firsts -- first in progress, first in commitment, and first in excellence.
This task has not been accomplished without much hard work and some frustration. But we have come to base our decision making, less on political expediency, and more on the best long term interests of our state. The spirit of partnership we have shown throughout this journey has served to produce a new image of South Carolina -- an image that is changing minds and turning heads across America and around the world.
Let us now take a few minutes to examine the state of our State -- to turn back the pages of recent years, to reconstruct the record of our victories in education, in economic development, in human achievement and in the care of our environment. It is a South Carolina moving ahead with confidence, striving to be its very best, proud of its many firsts.
Proud that South Carolinians were honored as the National Teacher of the Year, the National Science Teacher of the Year, and the National Junior College Teacher of the Year.
Proud that the Education Improvement Act was judged the most comprehensive educational reform in the nation by the prestigious Rand Corporation.
Proud that South Carolinians were chosen the National Mother of the Year, the nation's most honored volunteer and the Handicapped American of the Year.
Proud that a national magazine ranked Charleston as the number one city for business in the country.
Proud that the national ACIR ranked us first in the nation for fairness in balancing the impact of the three primary taxes on business.
Proud of our top-ranked international business school at USC and our nationally recognized Integrated Circuit Computer Project at Clemson.
Proud of our internationally recognized arts festival -- Spoleto USA.
Proud of our top-ranked National Guard and Air National Guard, which reflect that we in South Carolina have always been first in patriotism.
Proud of our five South Carolina astronauts, our two Nobel Laureates for the great examples that they have set for our school children.
Yesterday, I'm proud that Mack Truck, second largest truck manufacturing company in the world, a great company, seized the economic promise in South Carolina and made its decision today to locate their $80 million manufacturing plant in Fairfield County, which will bring over 1200 jobs to this state. And we, all of us, proudly welcome our new corporate citizen to South Carolina. I'm told they will be breaking ground in February, some three weeks from now. Mack Trucks makes me think of another thing to be proud of, the "Refrigerator". Our triple threat of the Chicago Bears, South Carolinian, and folk hero of this country, William Perry.
These recent firsts honor the strong character of our people and their realization of the truth of Robert Browning's wisdom that "A man's reach must exceed his grasp." To our state these have become, not mere words, but the embodiment of our determination that we can be the very best.
Tonight, we enjoy the triumphant conclusion of a seven year struggle to enact our country's first low level nuclear waste policy. In 1979, our beautiful state was the nuclear dumping ground for this nation. Today, we take less than half of the waste we received in 1979. On December 31, 1992, we will receive no more.
Until then, states outside our region, which desire to use our low level waste site, must pay more for burying less here in this state. I recommend that any funds we receive from the new surcharges be divided to fund a water and sewer program for our local areas that face health hazards and one-half to preserve special natural places that we can visit and enjoy forever through the Heritage Land Trust Fund.
I am proud that we have the strength of conviction to stand together and boldly lead the nation to a historic first in nuclear waste policy. Let us use the fruits of this victory to help preserve the most precious legacy that endures -- the good earth of South Carolina for generations to come.
The new image we have achieved for this state also is embodied in our commitment to be first where it counts -- in the classroom. In a state too long shackled with a prescription for educational mediocrity, we now are recognized throughout the country for our daring remedies to achieve excellence. And our firsts are so many we have even surprised ourselves.
For the first time, the average scores of all of our public school students are at or above the national average in basic skills tests -- producing the highest two-year gains by the children of any state, at any time. We have led this nation in our gains on the SAT. And our students have a new positive attitude toward learning reflected in our attendance levels -- the highest in the nation.
This is just the first light on South Carolina's new educational horizon. But this light will shine only as long as we continue our personal and financial commitment to excellence. Education in South Carolina is truly a partnership to which all must contribute -- a partnership not just of our primary and secondary schools, but of our technical and higher education systems as well.
Seven years ago, we pledged that South Carolina would be first in the first grade. We have more than honored that pledge by being first in our investment of time, money and people to educational excellence from preschool to graduate school. It is now our challenge to sustain this progress and resist both direct and indirect attempts to break our covenant with the people.
Our determination to improve has been balanced with an earnest effort to keep faith with our historic principles of prudent management and controlled growth of government. That tradition has been reinforced by cementing these principles into the bedrock of our Constitution. Here are some of the simple and straight forward facts.
In 1979, there were no limits set on the growth of State Government. Today, we have a constitutional spending limit which ties the growth of government spending directly to the growth of our economy.
In 1979, our state debt limit was set in the Constitution at 7 percent. Today, the Constitutional mandate is 5 percent, and last year we approved a statute to further reduce that limit to 2 1/2 percent by 1989.
In 1979, there was no constitutional mandate for a balanced state budget. Today, we have a constitutionally required balanced budget and an $89 million reserve fund, assuring that State Government -- unlike our federal counterpart -- will never experience budget deficits.
In 1980, the first year for which we have statistics, there were 39,000 state paid employees. Today, we have 2000 less during a period when demand for state services has clearly increased. In short, we became more productive. And now, the number of new state employees is constitutionally governed by the growth of the state's population.
In 1979, South Carolina consumers paid 4 percent sales tax on their utility bills. Today, they pay nothing.
In 1979, senior citizens and the totally disabled enjoyed a $12,000 homestead exemption on their property taxes. Today, that exemption is $20,000.
In 1979, the personal exemption for all taxpayers was $800 per dependent. Today, that exemption has been raised to $1040.
In 1979, merchants paid $28 million a year in inventory taxes. Today, that tax is being phased out.
All of this is proof that we can provide sensible incentives to help sustain economic prosperity, control the growth of government, provide services to people in need, and still have a tax system that is fair to everyone.
But like other areas of progress, we cannot rest on our laurels. We must move boldly ahead with new initiatives which challenge state employees and managers to be as productive as possible. I urge this General Assembly to adopt the pay-for-performance plan recommended by the Budget and Control Board. This concept is already common practice in many of South Carolina's major corporations -- companies like Daniel Construction, Colonial Life, Spartan Mills, and Blue Cross/Blue Shield. Our call for better management of government must be more than just hollow words. We must have the foresight to implement those business procedures which have been shown to work and to succeed.
Coupled with our great efforts to improve education, we have also made investments that clearly show healthy children come first in this state. We are the first state to finance an equitable program to provide indigent health care. And for the first time, we have begun to reverse those grim statistics that have plagued our state for generations. We are now the vanguard in a national movement to defeat the crippling problems of infant mortality and infant disability, and improve the health of all our children.
As Chairman of the Southern Task Force on Infant Mortality, I have asked every other Southern governor to focus their energies on this uniquely Southern dilemma. Tonight, I ask this General Assembly to accelerate our defense of the defenseless. To assist in our crusade, I ask you to create a Maternal, Infant and Child Health Council to help coordinate our goal of healthy children. I also ask your full attention to recommendations which will be issued later this year by a blue ribbon committee on teenage pregnancy. We must not allow the children of tomorrow to suffer for our lack of action today.
Our concern for children also must be mirrored in our state's public adoption policy. There must be safeguards in our adoption laws that will make the protection of the child our primary focus, not the protection of state agencies. I urge your approval of legislation to establish a single public adoption agency to eliminate the waste of duplication and bring about accountability on behalf of these children.
There are few states that can match our commitment to the dignity and care of our elderly citizens. We are the first state in the nation to implement a statewide community long term care system -- a system that allows many older South Carolinians to remain in their homes and receive services.
With our growing elderly population, we must be leaders in our commitment to geriatrics research and treatment. I am personally familiar with the fact that M.U.S.C. is building a strong foundation in this specialty. This year, we also can add greatly to the elderly's sense of worth, security and comfort by simplifying and modernizing our probate code. If we pull together and pass this measure, we will have benefited all families in this state.
Every South Carolinian knows that being first and staying first depends on the successful marriage of education and jobs. In our efforts to be first, we have reached beyond the traditional avenues of economic growth to build a new guard of small businesses, service industries, our strong tourist industry, export trade, food processing, and technology-based industries to blend with our older economic sectors. This effort has been rich in its rewards.
Last year, we had the highest percentage increase of new business starts in the nation -- helping to create 68,000 new jobs. An interesting statistic to go with that is the fact that we also had the lowest number of business failures in the nation. Despite the shocks suffered by our textile industry, new investment in manufacturing alone has averaged almost $2 billion a year since 1980 -- clear evidence of the confidence that business has in the future of this state.
These facts clearly indicate the vigor and potential of our economy. But the competitiveness of a global economy demands that we keep moving forward. We must be prepared to marshal all our economic resources to give South Carolinians the best training, the best jobs and the best chance at success.
We must enact the Coordinating Council for Economic Development to provide us with a clear vision of the future and a strategic economic plan to ensure more jobs and greater growth. I urge your approval of the export tax deferral bill, to help us create jobs from exports to replace those jobs lost to imports. We must update our constitution so that State Government will have the necessary tools to build the foundation for economic growth in this decade and into the 1990's. Further, we must establish a water and sewer infrastructure program to help our local governments deal with this very difficult problem.
And of critical importance, we must prepare our people with the training, flexibility and education to be a workforce that can keep us on the cutting edge in a competitive economy. The Employment Revitalization Act -- called the new Era -- brings together the strengths of our educational and training systems in a coordinated thrust to insure that training is available for jobs with a future. This legislation proposes:
--$1 million of new funds to support special training for unemployed textile workers, our beleaguered farmers and others who are out of work or seek a different kind of work.
--$1.3 million to fight adult illiteracy among the 840,000 South Carolinians without a high school diploma who must have a good basic skill in order to compete for a job.
--That we focus attention on at-risk youth which will pay great dividends in our future.
The New Era, the job-training bill, also creates a partnership among our training agencies, our business recruitment teams and local communities. Together, these partners, with the demands of our changing economy, will be linked to training and retraining and working together. Just as we have given our children the tools to seek excellence in education, let us give our adults the opportunity to seek both a good job and a good life.
In a South Carolina of firsts, I can see but one major storm on an otherwise bright horizon -- crime, which threatens the safety of our citizens, and prison growth, which threatens each and every taxpayer of this state.
My position on crime and punishment is clear. Those who willfully violate the laws of our state will be punished. And those who choose to inflict violence upon their neighbors will be severely punished. For those who commit violent crimes, I propose:
--Stiffer penalties for repeat violent offenders;
--Additional, non-paroleable sentences for criminals who use firearms, an important priority for Citizens Against Violent Crime;
--Parole hearings for violent offenders on a two-year, instead of an annual, basis;
--A requirement that those imprisoned share in paying for their imprisonment;
--Safe and adequate prison space to secure those who prey on society, and;
--That our prisons be made places of productive work and not warehouses for idle mischief.
However, we are fooling ourselves -- and misleading the taxpayers of this state -- if we think we can build our way out of the crime problem. It can't be done. Tax dollars spent on prisons are tax dollars that otherwise could be spent on such things as a state-of-the-art crime lab at SLED, a violent crime strike force, tax credits for crime prevention improvements in our homes, and other tools which will help law enforcement fight and prevent crime.
We must not let unrestrained rhetoric override our good judgment. Just as we must be firm in our treatment of violent criminals, we must be smart in our handling of non-violent offenders. We must recognize that punishment in the future must consist of such things as hard work, of requiring criminals to pay restitution to their victims, and requiring them to pay the cost of their supervision.
The Omnibus Crime Bill is a responsible state funded solution to much of our crime and prison problem. It will not impose additional financial burdens on our counties. With it, we can have justice for the victim and justice for the taxpayer without saddling our children and our grandchildren with a prison debt that would threaten every positive thing that we have tried to accomplish for our beloved state.
All around us -- in Tennessee, in West Virginia, in Iowa -- are dark warnings of the dire consequences of inaction. As responsible lawmakers and stewards of the public trust, we must have the courage to resolve this crisis and not make prison costs South Carolina's equivalent of the national debt. To do otherwise would be mortgaging our future to prisons, instead of investing in better weapons to help law enforcement fight and prevent crime; mortgaging our future to prisons, instead of investing in healthy minds and healthy bodies; mortgaging our future to prisons, instead of investing in excellence in our classrooms and in more and better jobs for our people.
I also urge your action on governmental tort liability which must be resolved by July 1 of this year; election law reform in this important election year; and the local government finance act to help cities and counties.
Tonight, I want to share one other success story with you. It is a story of people in South Carolina who are building strong futures, people who now have the opportunity to improve their own lives.
Let me present to you in this chamber, Mrs. Margaret Young and her daughter Ashley Faith of Florence, both of whom are healthy and thriving because of the benefits they enjoyed from child health programs that you initiated. Meet Jeremiah Dillard, a second grader at Aiken Elementary, who tested not ready for the first grade. After attending EIA remedial programs last year, Jeremiah is now back in the regular program and making an A in math. And Sally Barton of Simpsonville and Donte Lazarus of Charleston. These talented students are both participating in the academically and artistically gifted programs offered through the EIA.
Jim Morton is here representing Michelin which recognized our productive business climate and has brought over 7,000-jobs through their grand industry to this state. Let me also introduce James Horton and Randy Campbell, both former textile workers from Great Falls. James and Randy now work in high tech jobs at MCM Industries in Great Falls because of retraining they received from TEC. Meet Mr. and Mrs. W.L. McIntosh who used the Victims Bill of Rights to participate in the sentencing of a burglar who broke into their home. And finally, Mrs. Mary Jane Lovett, age 80, who lives at home among family and friends and yet still receives the care and service that she deserves at home, because of your leadership in providing community-based health care programs.
These are not faceless programs or numbers in a budget. These are real people -- our neighbors -- who have worked hard and who now have new opportunities to make their lives, and ours, and their businesses even better. They are faces of the new South Carolina -- a South Carolina of improvement, of commitment, of progress, of excellence. Tonight, they are here not to lobby you for any special interest nor to seek any special favors. They are here simply to say thank you.
It has been my honor to serve as your governor longer than any other person. I tell you, as the song says, "I have South Carolinians on my mind." During these past seven years, I have developed a deep feeling of trust and confidence in the people of South Carolina. Confidence in teachers and children. Confidence in workers and business people. Confidence in doctors, lawyers and professional people. Confidence in mothers and fathers to be good parents. Confidence in this General Assembly and all other state and local elected officials to lead this state as we continue to grow and to improve.
I am confident that the people of this state stand united and committed to pursue a standard of excellence in everything they do. Your challenge as leaders must be to have the courage to tackle the tough issues and meet these same high standards. I am confident you stand ready to do what is right for this great state.
Over the next few months, we will witness the journey through time of Halley's Comet -- a celestial visitor we welcome every 76 years. Tonight, it passes over a state filled with the optimism only the promise of a bright future can bring. Our fervent hope and dream must be that on its next visit it will find a South Carolina where infant mortality is but a fleeting statistic in our memory and all our children are healthy; where our streets are safe from crime and we are building classrooms instead of prisons; where adult illiteracy is extinct, and educational excellence is a principle we no longer seek, but enjoy; where full employment is a fact of life for every single family in this state.
I know the comet will visit a South Carolina proud of its past but one which is more committed to its future. A South Carolina that knows it must always keep moving, keep working, keep praying, keep improving, to be the very best.
That should be our lasting charge for the future -- to look at ourselves as builders shaping, for one brief moment, our future, working together with dreams and hopes that we will leave South Carolina better than we found it.
Thank you and God bless you all.
Upon the conclusion of his address, Governor Riley and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 7:38 P.M. the House resumed, the SPEAKER in the Chair.
Rep. TOAL moved that the House do now adjourn which was adopted.
At 7:40 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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