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

WEDNESDAY, FEBRUARY 5, 1986

Wednesday, February 5, 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:

Almighty God Who has given us this good land as our heritage, make us always to remember Your generosity and constantly seek to do Your will. Continue Your blessings upon us in such an abundant manner that we enjoy the fruits of Your love. Save us from pride and arrogance, from discord and distrust. Even though we have come from many backgrounds, keep us a united people. Give us here in this Legislative body the spirit of wisdom and understanding of Your way that justice and harmony may prevail in our beloved State and beyond.

When times are prosperous, give us thankful hearts. In troubled times, do not let our trust in You to fail. And to You, O Lord, we give all glory and praise. 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. NETTLES.

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

COMMUNICATION

The following was received.

February 4, 1986
The Honorable Ramon Schwartz, Jr., Speaker
House of Representatives
State House
Columbia, South Carolina 29211

Dear Mr. Speaker:

I want to express to you and the other Members of the House my profound gratitude for adopting the Concurrent Resolution so eloquently expressing your regret and concern over the loss of our home.

While the many pains resulting from injuries sustained in the vehicle accidents, and now the indescribable loss of our home, have been indeed difficult to bear at times, I want to assure each of you that the bitter disappointment of not being able to rejoin you as you strive to serve our great State has been hard to handle.

The members of my family join me in saying to you that we shall be eternally grateful for the enactment of your kind expressions. Be assured that I am fighting as hard as I can to overcome the complications of the two near fatal experiences so as to rejoin those whom I love and respect so much.

Please ask the Members of the House to consider this letter as a personal one to each of them.

With my very best wishes and warmest personal regards to each of you, I am

Sincerely,
Rembert C. Dennis

Received as information.

RULES AND REGULATIONS RECEIVED
OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

The following were received.

February 4, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 548)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 4, 1986 regulations concerning Standards of performance for asbestos removal operations from the South Carolina Department of Health and Environmental Control.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 4, l986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 624)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 4, 1986 regulations concerning Ambulance services from the South Carolina Department of Health and Environmental Control.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 4, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 627)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 4, 1986 regulations concerning Pasteurized milk and milk products from the South Carolina Department of Health and Environmental Control.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 4, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 685)
Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 4, 1986 regulations concerning Application for licensure and fees from the South Carolina State Board of Physical Therapy Examiners.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 4, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 706)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 4, 1986 regulations concerning Evaluation of school employees for tuberculosis from the South Carolina Department of Health and Environmental Control.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 2931 -- Rep. Schwartz: A BILL TO AMEND SECTION 57-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNMENT OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO CHANGE THE NAME OF THE CHIEF COMMISSIONER OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Ordered for consideration tomorrow.

Rep. STODDARD, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Committee on Judiciary, on:

H. 3028 -- Reps. Fair, L. Phillips, Blackwell, Woodruff, Kirsh, Holt, Sharpe, M.D. Burriss, Lewis, Toal, Hawkins, Patterson, Woods, Thrailkill, Alexander, Ferguson, Rigdon, J. Bradley, Winstead, Elliott, D. Martin, McEachin, T.M. Burriss, McLellan, J.H. Burriss, G. Bailey, Russell, Simpson, Townsend, J. Rogers, Chamblee, Rice, Barfield, Schwartz, J. Arthur, Lake, Beasley, Gentry, Harvin, J. Harris, Davenport, Mattos, Brett, Cleveland, L. Martin and Dangerfield: A JOINT RESOLUTION TO REQUIRE EACH STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION TO DEVELOP A POLICY TO PROHIBIT ANY ADVERTISING OF BEVERAGES CONTAINING ALCOHOL BY THE INSTITUTION OR ANY OF ITS DEPARTMENTS.

H. 3028 -- COMMITTED

The SPEAKER Pro Tempore ordered the Bill committed to the Committee on Judiciary.

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

H. 3363 -- Reps. S. Anderson, Day, Davenport, Snow, McBride, Williams and Shelton: A BILL TO AMEND SECTION 59-69-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CERTAIN PUBLIC OFFICIALS CONTRACTING WITH SCHOOL DISTRICTS OR ACQUIRING A PECUNIARY INTEREST IN SCHOOL DISTRICT MATTERS, SO AS TO DELETE PROVISIONS PROHIBITING A SCHOOL TRUSTEE FROM CONTRACTING WITH OR BEING PECUNIARILY INTERESTED IN ANY CONTRACT WITH THE SCHOOL DISTRICT OF WHICH HE IS TRUSTEE AND TO AUTHORIZE A COUNTY BOARD OF EDUCATION MEMBER, A SCHOOL TRUSTEE, OR A BUSINESS WITH WHICH HE IS ASSOCIATED TO PROVIDE SERVICES OR SELL PRODUCTS TO THE DISTRICT OF WHICH HE IS A BOARD MEMBER OR TRUSTEE SO LONG AS THESE TRANSACTIONS ARE IN ACCORDANCE WITH STATE ETHICAL PROVISIONS OF LAW.

Ordered for consideration tomorrow.

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

H. 2607 -- Rep. Davenport: A BILL TO AMEND SECTION 59-63-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINGERPRINTING OF SCHOOL PUPILS SO AS TO PROVIDE THAT FINGERPRINTS MAY BE MADE PART OF THE PUPILS PERMANENT SCHOOL RECORD ONLY IF REQUESTED IN WRITING BY HIS PARENTS OR GUARDIANS, TO PROVIDE FOR THEIR TRANSFER TO THE PARENTS OR GUARDIANS IF NOT SO REQUESTED.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3417 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE HENRY ELMORE OF LEE COUNTY ON BEING THE RECIPIENT OF THE FARMER OF THE YEAR AWARD.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3418 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE EUGENE DAVIS OF LEE COUNTY ON WINNING THE HORACE HAYEDEN MEMORIAL TROPHY AS SOUTH CAROLINA GINNER OF THE YEAR FOR 1985.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3419 -- Reps. Klapman and J.H. Burriss: A CONCURRENT RESOLUTION TO CONGRATULATE BEVERLY D. BRANDES OF LEXINGTON COUNTY UPON HER RECEIPT OF A SPECIAL CITATION FOR DISTINGUISHED SERVICE IN THE RECREATIONAL FIELD FROM THE SOUTH CAROLINA RECREATION AND PARK SOCIETY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3420 -- Reps. Klapman, Derrick and J.H. Burriss: A CONCURRENT RESOLUTION TO CONGRATULATE CARL M. HUST OF LEXINGTON COUNTY UPON RECEIVING A SPECIAL CITATION FROM THE SOUTH CAROLINA RECREATION AND PARK SOCIETY FOR THE OUTSTANDING CONTRIBUTIONS HE HAS MADE TO THE RECREATION PROFESSION OVER THE PAST THIRTY YEARS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3421 -- Reps. Klapman, Derrick and J.H. Burriss: A CONCURRENT RESOLUTION TO CONGRATULATE STEVEN GANTT OF LEXINGTON COUNTY UPON BEING NAMED RECREATOR OF THE YEAR BY THE SOUTH CAROLINA RECREATION AND PARK SOCIETY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3422 -- Rep. Harvin: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY 11, 1986, AS "HENRY TIMROD AND ANNE CUSTIS BURGESS DAY" IN SOUTH CAROLINA IN RECOGNITION OF THE SEVENTY-FIFTH ANNIVERSARY OF THE ADOPTION OF "CAROLINA" AS THE STATE SONG OF SOUTH CAROLINA.

Whereas, on February 11, 1911, the General Assembly, by resolution, declared "Carolina" to be the state song of South Carolina; and

Whereas, "Carolina" was written by Henry Timrod, South Carolina's most beloved poet and was set to music by Miss Anne Custis Burgess, a distinguished South Carolina composer; and

Whereas, the members of the General Assembly, by this resolution, are desirous of commemorating the seventy-fifth anniversary of the adoption of this beautiful, patriotic melody as South Carolina's state song. Now, therefore,

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

That February 11, 1986, is declared to be "Henry Timrod and Anne Custis Burgess Day" in South Carolina in commemoration of the seventy-fifth anniversary of the adoption of "Carolina" as the state song of South Carolina.

Be it further resolved that the State Superintendent of Education and the head of each state-supported college and university are requested to make the students of South Carolina more aware of the patriotic words and beautiful music contained in this outstanding piece of music.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3423 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE CITADEL, THE MILITARY COLLEGE OF SOUTH CAROLINA, UPON BEING RECOGNIZED IN U.S. NEWS & WORLD REPORT AS ONE OF AMERICA'S BEST COLLEGES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3424 -- Rep. Aydlette: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF ASSESSING LAND DEVELOPERS FOR A PORTION OF THE COST OF WIDENING AND EXTENDING STREETS AND HIGHWAYS AS A RESULT OF INCREASED TRAFFIC ON THE ABUTTING ARTERIES.

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

That a committee of six members be appointed, three of whom are members of the House of Representatives to be appointed by the Speaker of the House and three of whom are members of the Senate to be appointed by the President of the Senate, for the purpose of making a study of the feasibility of assessing land developers for a portion of the cost to widen, extend, and do whatever is necessary to abutting streets and highways in order to accommodate the increased traffic on those arteries which necessarily follow land development.

The committee shall meet as soon after its appointment as may be practicable and shall organize by electing one of its members as chairman, one as secretary, and such other officers as it considers advisable. The committee shall meet thereafter upon the call of the chairman or a majority of its members. It shall make a report with suitable recommendations to the General Assembly on the first Tuesday in May, 1986.

The Legislative Council shall provide such professional service as the committee may require in the performance of its duties.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3425 -- Rep. J. Anderson: A CONCURRENT RESOLUTION CONGRATULATING THE EDGEFIELD ADVERTISER OF EDGEFIELD COUNTY UPON ITS ONE HUNDRED FIFTY YEARS OF CONTINUED EXISTENCE AS A NEWSPAPER IN SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 932 -- Senators Theodore, Thomas E. Smith, Jr., Drummond, Doar and McConnell: A CONCURRENT RESOLUTION TO COMMEND MR. FRED H. RAMAGE OF RICHLAND COUNTY FOR HIS MANY YEARS OF SERVICE WITH THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AS ASSISTANT DIRECTOR OF THE ADMINISTRATIVE SERVICES DIVISION.

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. 933 -- Senators Theodore, Thomas E. Smith, Jr., Drummond, Doar and McConnell: A CONCURRENT RESOLUTION TO COMMEND SERGEANT LOCKWOOD M. FREEMAN OF MOUNT PLEASANT, CHARLESTON COUNTY, FOR HIS MANY YEARS OF SERVICE WITH THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AS A WILDLIFE CONSERVATION OFFICER IN CHARLESTON AND BERKELEY COUNTIES.

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. 934 -- Senators Theodore, Thomas E. Smith, Jr., Drummond, Doar and McConnell: A CONCURRENT RESOLUTION TO COMMEND DR. DOUGLAS W. BRADBURY OF CLEMSON FOR HIS MANY YEARS OF EXCEPTIONAL AND DEDICATED SERVICE TO THE STATE AND CLEMSON UNIVERSITY AND TO EXTEND BEST WISHES OF THE GENERAL ASSEMBLY FOR A PLEASANT RETIREMENT.

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. 935 -- Senators Theodore, Thomas E. Smith, Jr., Drummond, Doar and McConnell: A CONCURRENT RESOLUTION TO COMMEND MRS. DORIS P. WRIGHT OF WALTERBORO FOR HER MANY YEARS OF SERVICE WITH THE COLLETON COUNTY DEPARTMENT OF SOCIAL SERVICES.

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. 936 -- Senator Pope: A CONCURRENT RESOLUTION TO COMMEND SHERIFF GEORGE BOOTH OF SALUDA COUNTY ON BEING SELECTED THE 1985 SOUTH CAROLINA SHERIFF OF THE YEAR BY THE SOUTH CAROLINA SHERIFF'S ASSOCIATION.

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. 937 -- Senator Pope: A CONCURRENT RESOLUTION TO COMMEND MRS. LINDA T. HAWKINS, A TEACHER OF GIFTED STUDENTS AT RIVERSIDE MIDDLE SCHOOL IN SALUDA, ON BEING NAMED THE 1985 CONSERVATION TEACHER OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF CONSERVATION DISTRICTS.

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. 938 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF W. T. "BILL" BROGDON, SR., RETIRED MEMBER OF THE SUMTER COUNTY COUNCIL, UPON HIS DEATH.

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. 958 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. MARY JANE SYLVESTER JAMES OF CLARENDON COUNTY, UPON HER DEATH.

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. 959 -- Senators Thomas E. Smith, Jr., Mitchell, Leatherman, McGill, Matthews, K. Patterson and Fielding: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE ENTIRE LENGTH OF U.S. HIGHWAY 52 ACROSS FLORENCE AND WILLIAMSBURG COUNTIES THE "RONALD E. MCNAIR HIGHWAY".

Whereas, astronaut Dr. Ronald McNair of Lake City tragically lost his life along with his fellow space shuttle crew members on January 28, 1986; and

Whereas, as a native South Carolinian and a resident of Lake City, South Carolina, Ron McNair was a hero of the entire State and was particularly admired for his accomplishments in so many fields; and

Whereas, he will always be remembered as a courageous man who was willing to take great risks to span new horizons for mankind; and

Whereas, the members of the General Assembly believe that the heroism and achievements of this great man should be recognized in the form of a lasting memorial. Now, therefore,

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

That the Department of Highways and Public Transportation is requested to name the entire length of U. S. Highway 52 across Florence and Williamsburg Counties the "Ronald E. McNair Highway".

Be it further resolved that the Department of Highways and Public Transportation is requested to hold a ceremony officially dedicating the highway and to erect appropriate markers with the following inscribed on the markers: "Ronald E. McNair Highway".

Be it further resolved that a copy of this resolution be forwarded to the Commissioner of the Department of Highways and Public Transportation.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3426 -- Rep. Blackwell: A CONCURRENT RESOLUTION MEMORIALIZING UNITED STATES DISTRICT COURT JUDGE THOMAS FLANNERY THAT, IN ALLOCATING THE SHARE TO WHICH THE STATE OF SOUTH CAROLINA IS ENTITLED OF THE APPROXIMATELY TWO BILLION DOLLAR JUDGMENT AGAINST EXXON CORPORATION, THE FINAL ORDER PROVIDE THAT SUCH SHARE BE PLACED WITH THE SOUTH CAROLINA STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE OF SOUTH CAROLINA TO BE APPROPRIATED AS PROVIDED IN THE 1986-87 ANNUAL GENERAL APPROPRIATIONS ACT OF THE STATE.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3438 -- Reps. Mangum and Boan: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. J. REECE FUNDERBURK, SR., OF LANCASTER IN LANCASTER COUNTY.

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

INTRODUCTION OF BILLS

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

H. 3427 -- Reps. Sheheen, Mangum, Gordon, Kirsh, Wilkins, White and Gregory: A BILL TO AMEND SECTIONS 40-1-190, 40-1-200, 40-1-240, AND 40-1-560, ALL AS AMENDED, AND 40-1-50, 40-1-150, 40-1-180, 40-1-250, 40-1-360, 40-1-510, 40-1-520, 40-1-530, AND 40-1-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS, PUBLIC ACCOUNTANTS, AND ACCOUNTING PRACTITIONERS, SO AS TO CHANGE REFERENCES FROM CORPORATION TO PROFESSIONAL ASSOCIATION; PROVIDE THAT THE BOARD OF ACCOUNTANCY COLLECT FEES AND DEPOSIT THE FEES IN THE GENERAL FUND OF THE STATE; PROVIDE THAT AN APPLICANT FOR EXAMINATION MUST DEMONSTRATE THAT HE DOES NOT HAVE A HISTORY OF DISHONEST OR FELONIOUS ACTS AND THAT HE HAS A BACCALAUREATE DEGREE AND A MINIMUM OF TWENTY-FOUR HOURS OR THE EQUIVALENT IN ACCOUNTING AND PROVIDE FOR A WAIVER OF EDUCATIONAL REQUIREMENTS FOR A PUBLIC ACCOUNTANT WHO IS PRACTICING ON JULY 1, 1965; PROVIDE THAT THE DATES SET IN A NEWSPAPER FOR THE EXAMINATION TO PRACTICE AS A CERTIFIED PUBLIC ACCOUNTANT MUST APPEAR IN THE NEWSPAPER BY SEPTEMBER FIRST FOR THE NOVEMBER EXAMINATION AND BY MARCH FIRST FOR THE MAY EXAMINATION AND THE APPLICATION MUST BE SUBMITTED ON THESE DATES AND TO INCREASE THE INITIAL EXAMINATION FEE FOR A CERTIFIED PUBLIC ACCOUNTANT FROM ONE HUNDRED DOLLARS TO TWO HUNDRED DOLLARS AND THE FEE FOR REEXAMINATION FROM FORTY DOLLARS TO EIGHTY DOLLARS; PROVIDE THAT THE FEE FOR A CERTIFICATE OF REGISTRATION AS A CERTIFIED PUBLIC ACCOUNTANT IS FIXED BY THE BOARD INSTEAD OF TWENTY-FIVE DOLLARS; PROVIDE THAT THE WAIVER OF EXAMINATION FOR A CERTIFIED PUBLIC ACCOUNTANT DOES NOT APPLY TO A PERSON WHO HOLDS A CERTIFICATE OR DEGREE OF A FOREIGN COUNTRY; PROVIDE THAT THE FEE FOR NONRESIDENT CERTIFIED PUBLIC ACCOUNTANT IS FIXED BY THE BOARD INSTEAD OF THIRTY-EIGHT DOLLARS; TO MAKE A TECHNICAL CORRECTION BY STRIKING COURT AND INSERTING COURSE; REMOVE THE GRANDFATHER PROVISIONS FOR ACCOUNTING PRACTITIONERS WHO ARE LICENSED TO PRACTICE AS OF JUNE 11, 1969, OR JULY 1, 1970, RESPECTIVELY, AND TO STRIKE A SIMILAR PROVISION FOR MEMBERS OF THE ARMED FORCES; PROVIDE THAT DEFAULT IN PAYMENT OF THE LICENSE FEE BY AN ACCOUNTING PRACTITIONER SHALL RESULT IN REVOCATION OF THE CERTIFICATE OF REGISTRATION OR LICENSE; REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY; AND TO REPEAL SECTION 40-1-260 RELATING TO PERSONS ENTITLED TO REGISTRATION AS A PUBLIC ACCOUNTANT UNTIL JANUARY 1, 1972.

Referred to Committee on Labor, Commerce and Industry.

H. 3428 -- Rep. Limehouse: A BILL TO ABOLISH THE OFFICE OF DORCHESTER COUNTY SUPERINTENDENT OF EDUCATION AND DEVOLVE THE DUTIES OF THIS OFFICE UPON THE DORCHESTER COUNTY BOARD OF EDUCATION.

Referred to Dorchester Delegation.

H. 3429 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND CHAPTER 11, TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPETENCY OF WITNESSES BY ADDING SECTION 19-11-110 SO AS TO PERMIT THE TESTIMONY OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF AN UNLAWFUL SEXUAL OFFENSE BY CLOSED CIRCUIT TELEVISION UNDER CERTAIN CONDITIONS.

Referred to Committee on Judiciary.

H. 3430 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 20-7-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS AND TO THE NONDISCLOSURE OF IDENTIFIABLE INFORMATION PERTAINING TO JUVENILES SO AS TO PERMIT THE DEPARTMENT OF YOUTH SERVICES TO PHOTOGRAPH JUVENILES IN ADDITION TO ITS AUTHORITY TO FINGERPRINT JUVENILES, TO ALLOW THE DEPARTMENT TO FURNISH THESE PHOTOGRAPHS AND FINGERPRINTS TO LAW ENFORCEMENT AGENCIES AND THE MISSING PERSONS INFORMATION CENTER FOR CERTAIN PURPOSES, AND TO DELETE OUTDATED REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3431 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND ARTICLE 8, CHAPTER 3 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL SEXUAL PERFORMANCE BY CHILDREN BY ADDING SECTION 16-3-850 SO AS TO REQUIRE FILM PROCESSORS AND PHOTO FINISHERS WHO ARE REQUESTED TO DEVELOP FILM OF CHILDREN ENGAGING IN SEXUALLY EXPLICIT CONDUCT TO REPORT THE NAME AND ADDRESS OF THE INDIVIDUAL REQUESTING THE DEVELOPMENT TO THE LAW ENFORCEMENT OFFICIALS IN THE LOCALITY FROM WHICH THE FILM WAS ORIGINALLY FORWARDED.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3432 -- Rep. Aydlette: A BILL TO REQUIRE ANY PERSON WHO DEVELOPS LAND FOR RESIDENTIAL USE CONSISTING OF FOUR OR MORE ACRES TO DESIGNATE NO LESS THAN ONE-TENTH OF THE AREA AS A PARK AND TO PROVIDE PENALTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3433 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF REAL PROPERTY FOR TAX PURPOSES SO AS TO PROVIDE THAT AGRICULTURAL LAND WHICH IS LEASED TO BE USED FOR HUNTING PURPOSES MUST BE ASSESSED AT SIX PERCENT OF ITS FAIR MARKET VALUE UNLESS IT IS LEASED TO THE STATE IN WHICH CASE IT MUST BE ASSESSED AT FOUR PERCENT OF ITS FAIR MARKET VALUE.

Referred to Committee on Ways and Means.

H. 3434 -- Reps. Evatt, Winstead, Elliott and Hawkins: A BILL TO REGULATE DIETITIANS AND NUTRITIONISTS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3435 -- Reps. Blackwell, T.M. Burriss, Rigdon, Fair, Alexander, Brett, Kay, Mattos, Rice and Waldrop: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 4 TO ARTICLE XVI SO AS TO PERMIT THE ENACTMENT OF CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.

Referred to Committee on Judiciary.

H. 3436 -- Reps. McLeod, McEachin and Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-160 SO AS TO REGULATE THE CHOOSING OF PARTICIPANTS IN PUBLIC HUNTS ON STATE OWNED OR CONTROLLED PROPERTY.

Referred to Committee on Agriculture and Natural Resources.

H. 3437 -- Reps. J. Bradley, J. Arthur, Evatt, Ferguson, Foxworth, Freeman, Gordon, Gregory, Griffin, P. Harris, Hawkins, Hayes, Hearn, B.L. Hendricks, Huff, J.W. Johnson, Keyserling, Limehouse, D. Martin, Rawl, Rhoad, Taylor, Washington, Wilkins, Winstead and Woodruff: A BILL TO AMEND ARTICLE 9, CHAPTER 5, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS OF INSURANCE COMPANIES BY ADDING SECTION 38-5-1305 SO AS TO REQUIRE EACH INSURER LICENSED TO WRITE PROPERTY AND CASUALTY INSURANCE IN THIS STATE TO FILE A SUPPLEMENTAL STATEMENT TO ITS ANNUAL STATEMENT OF FINANCIAL CONDITION, WHICH SUPPLEMENTAL STATEMENT MUST SHOW CERTAIN INFORMATION RELATING TO ITS WRITINGS IN THIS STATE.

Referred to Committee on Labor, Commerce and Industry.

H. 3439 -- Rep. Limehouse: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCREASED PENALTIES FOR COMMITTING CERTAIN CRIMES WHILE IN POSSESSION OF A FIREARM, SO AS TO UPDATE THE LIST OF OFFENSES, INCLUDE POSSESSION OF A KNIFE UNDER THE PENALTIES, AND TO PROVIDE FOR AN ADDITIONAL SENTENCE OF IMPRISONMENT OF NOT LESS THAN FIVE NOR MORE THAN TEN YEARS WHICH MAY NOT BE SUSPENDED, REDUCED BY PAROLE, OR WORK OR EDUCATION CREDITS; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO PRISON SENTENCE REDUCTION FOR A PRODUCTIVE DUTY ASSIGNMENT, SO AS TO PERMIT A SIMILAR REDUCTION FOR PRISONERS ENROLLED IN ACADEMIC OR VOCATIONAL EDUCATION PROGRAMS, TO MAKE INELIGIBLE FOR THE REDUCTION PRISONERS CONVICTED OF CERTAIN OFFENSES, AND TO EXTEND THE REDUCTION POLICY FOR PRODUCTIVE DUTY TO PRISONERS CONFINED IN LOCAL CORRECTIONAL FACILITIES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-640 SO AS TO RESTRICT ELIGIBILITY TO WORK RELEASE PROGRAMS TO PRISONERS UNTIL SIX MONTHS PRIOR TO THEIR PAROLE ELIGIBILITY DATE AND TO MAKE INELIGIBLE FOR WORK RELEASE AT ANY TIME PRISONERS CONVICTED OF CERTAIN OFFENSES.

Referred to Committee on Judiciary.

S. 911 -- Banking and Insurance 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.

Referred to Committee on Labor, Commerce and Industry.

S. 786 -- Senators E. Patterson, Theodore and N.W. Smith: A BILL TO AMEND SECTION 20-7-690, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF REPORTS AND RECORDS OF CHILD WELFARE AGENCIES, SO AS TO PROVIDE THAT INFORMATION COLLECTED IN PROTECTING ABUSED AND NEGLECTED CHILDREN IS CONFIDENTIAL AND TO PROVIDE FOR THE REPORTS AND THE INFORMATION COLLECTED TO BE MADE AVAILABLE TO THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 787 -- Senators E. Patterson, Theodore and N.W. Smith: A BILL TO AMEND SECTION 20-7-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL ABUSE AND NEGLECT INVESTIGATIONS BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO PROHIBIT THE DEPARTMENT FROM INVESTIGATING ANY ALLEGATION OF ABUSE OR NEGLECT WHERE THE PERSON RESPONSIBLE FOR THE CHILD'S WELFARE IS AN EMPLOYEE OF A PUBLIC OR PRIVATE HEALTH FACILITY, INSTITUTION, OR AGENCY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH AND TO PROVIDE FOR THESE ALLEGATIONS TO BE INVESTIGATED BY THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 31 -- Senator McConnell: A BILL TO AMEND SECTIONS 47-1-30 AND 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR ABUSING HORSES AND OTHER ANIMALS, SO AS TO INCREASE THESE PENALTIES.

Referred to Committee on Agriculture and Natural Resources.

ROLL CALL

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

Schwartz               Alexander              Anderson, J.
Anderson, S.           Arthur, J.             Aydlette
Bailey, G.             Bailey, K.             Barfield
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, J.
Brett                  Brown, G.              Brown, H.
Brown, R.              Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cleveland
Cooper                 Cork                   Dangerfield
Derrick                Elliott                Evatt
Faber                  Fair                   Felder
Foster                 Foxworth               Gentry
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                  Kohn                   Koon
Lake                   Lewis                  Limehouse
Lockemy                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                   Rigdon
Rogers, J.             Rogers, T.             Russell
Sharpe                 Sheheen                Shelton
Short                  Simpson                Snow
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Waldrop
Washington             White                  Wilkins
Winstead               Woodruff

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 5, 1986.

Palmer Freeman, Jr.               Jarvis R. Klapman
B. J. Gordon                      Frank Gilbert
Tom Mangum                        Eugene C. Stoddard
Fred L. Day                       C. Lenoir Sturkie
T. W. Edwards                     Warren D. Arthur, IV
Total Present--114

LEAVES OF ABSENCE

The SPEAKER Pro Tempore granted Rep. ALTMAN a leave of absence for today and tomorrow to attend a Coastal Council meeting.

The SPEAKER Pro Tempore granted Rep. DAVENPORT a leave of absence for the week due to illness.

The SPEAKER Pro Tempore granted Rep. J. H. BURRISS a leave of absence for the day due to illness.

The SPEAKER Pro Tempore granted Rep. MARCHANT a leave of absence for the day to testify before a Presidential Commission in Washington on Welfare Reform.

STATEMENTS OF ATTENDANCE

Reps. HARVIN and LEWIS signed a statement with the Clerk that they came in after the roll call and were present for the Session on Thursday, January 30, 1986.

Reps. R. BROWN and KEYSERLING signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, January 29, 1986.

Reps. HARVIN and RAWL signed a statement with the Clerk that they came in after the roll call and were present for the Session on Tuesday, February 4, 1986.

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, February 4, 1986.

T. W. Edwards

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for Ratification.

S. 871 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY SO AS TO REVISE AND FURTHER PROVIDE FOR THESE PRECINCTS.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

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.

H. 3279--DEBATE ADJOURNED

Rep. T. ROGERS moved to adjourn debate upon the following Bill until Tuesday, February 11, 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.

H. 3339--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

Rep. BLACKWELL asked unanimous consent to pass over Amendments 1 through 4.

Rep. J. BRADLEY objected.

Reps. DANGERFIELD and McLEOD explained the Bill.

Rep. KLAPMAN moved to adjourn debate upon the Bill.

Rep. WALDROP moved to table the motion which was agreed to.

Rep. KLAPMAN objected to the Bill.

Rep. BLACKWELL proposed the following Amendment No. 1.

Amended as and if amended.

Amend Section 38-9-810 as follows:

"Section 38-9-810. This article applies to all property insurance and casualty insurance, policies of commercial property insurance; commercial liability insurance other than automobile, aviation and worker's compensation insurance; and commercial multi-peril insurance, except to the extent that other statutory provisions of law govern cancellation, nonrenewal or renewal of specific types of property insurance and casualty insurance coverages such insurance. This article does not apply to reinsurance, excess and surplus lines insurance, residual market risks, worker's compensation insurance, multi-state location risks, policies subject to retrospective rating plans, excess or umbrella insurance and such other policies of insurance as may be expressly exempted by the Commissioner. This article further applies to policies issued by licensed insurers and to policies issued by insurers which are unlicensed but approved under Section 38-47-100.

Rep. BLACKWELL moved to adjourn debate upon the Amendments 1, 2 and 3.

POINT OF ORDER

Rep. KLAPMAN raised the Point of Order that it was improper to adjourn debate on more than one question in one motion.

The SPEAKER Pro Tempore sustained the Point of Order.

The question then recurred to the motion to adjourn debate on Amendment No. 1, which was agreed to.

Rep. BLACKWELL proposed the following Amendment No. 2.

Amend as and if amended.

Amend Section 38-9-(a) (5) as follows:

"(5) Loss of the insurer's reinsurance covering all or a significant portion of the particular policy insured, or if the Commissioner determines that the continuation of the policy would imperil the insurer's solvency or would place that insurer in violation of the insurance laws of this State. Prior to such cancellation for this these reasons, the insurer must notify the Commissioner in writing, at least sixty days prior to such cancellation, and the Commissioner shall, within thirty days of such notification, approve or disapprove such action."

Rep. BLACKWELL explained the amendment and moved to adjourn debate upon the amendment, which was adopted.

Rep. BLACKWELL proposed the following Amendment No. 3.

Amend as and if amended.

Amend Section 38-9-850 in such a way that each time the term "Statement of the amount of premium due" appears, it is changed to "statement of the amount of premium or estimated premium due". An example of this change in Subsection (a) is set forth below. Corresponding changes should be made in Subsections (b), (c), (d), and (e).

"Section 38-9-850. (a) If an insurer intends to renew a policy, the insurer shall furnish renewal terms and a statement of the amount of premium or estimated premium due for the renewal policy period in the manner required by this section."

Rep. BLACKWELL explained the amendment and moved to adjourn debate upon the amendment which was adopted.

Rep. McLEOD proposed the following Amendment No. 4 (Doc. No. 1678R), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Chapter 9 of Title 38 of the 1976 Code is amended by adding:

"Article 7
Cancellation, Nonrenewal, and Renewal
of Property Insurance and Casualty
Insurance

Section 38-9-810.     This article applies to all property insurance and casualty insurance, as defined in items (c) and (d) of Section 38-5-20, except for automobile insurance and any other type of property or casualty insurance as to which there are specific statutory provisions of law governing cancellation, nonrenewal, or renewal of policies. This article further applies to policies issued by licensed insurers and to policies issued by insurers which are unlicensed but approved under Section 38-47-100.

Section 38-9-820.     For the purposes of this article:

(1) 'Renewal' or 'to renew' means the issuance of or the offer to issue by an insurer a policy succeeding a policy previously issued and delivered by the same insurer or an insurer within the same group of insurers, or the issuance of a certificate or notice extending the term of an existing policy for a specified period beyond its expiration date.

(2) 'Nonpayment of premium' means the failure or inability of the named insured to discharge when due any obligation in connection with the payment of premiums on a policy of insurance subject to this article, whether such payment is payable directly to the insurer or its agent or indirectly payable under a premium finance plan or extension of credit.

(3) 'Cancellation' means termination of a policy at a date other than its expiration date.

(4) 'Expiration date' means the date upon which coverage under a policy ends. It also means, for a policy written for a term longer than one year or with no fixed expiration date, each annual anniversary date of such policy.

(5) 'Nonrenewal' means termination of a policy at its expiration date.

Section 38-9-830.     (a)     No insurance policy or renewal thereof may be cancelled by the insurer prior to the expiration of the term stated in the policy, except for one of the following reasons:

(1)     nonpayment of premium;

(2)     material misrepresentation of fact which, if known to the company, would have caused the company not to issue the policy;

(3)     substantial change in the risk assumed, except to the extent that the insurer should reasonably have foreseen the change or contemplated the risk in writing the policy;

(4)     substantial breaches of contractual duties, conditions, or warranties; or

(5)     loss of the insurer's reinsurance covering all or a significant portion of the particular policy insured, or where continuation of the policy would imperil the insurer's solvency or place that insurer in violation of the insurance laws of this State. Prior to cancellation for reasons permitted in this item (5), the insurer must notify the Commissioner, in writing, at least sixty days prior to such cancellation and the Commissioner shall, within thirty days of such notification, approve or disapprove such action.

(b)     Cancellation under item (1) of subsection (a) of this section is not effective unless written notice of cancellation has been delivered or mailed to the insured and the agent of record, if any, not less than ten days prior to the proposed effective date of cancellation. Cancellation under items (2) through (5) of subsection (a) of this section is not effective unless written notice of cancellation has been delivered or mailed to the insured and the agent of record, if any, not less than thirty days prior to the proposed effective date of cancellation. The notice must be given or mailed to the insured and the agent at their addresses shown in the policy or, if not reflected therein, at their last known addresses. Any notice of cancellation shall state the precise reason for cancellation. Proof of mailing is sufficient proof of notice.

(c)     Subsections (a) and (b) of this section do not apply to any insurance policy which has been in effect for less than ninety days and is not a renewal of a previously existing policy. The policy may be cancelled for any reason by furnishing to the insured at least thirty days' written notice of cancellation, except where the reason for cancellation is nonpayment of premium, in which case not less than ten days' written notice must be furnished.

Section 38-9-840.     (a)     No insurance policy may be nonrenewed by an insurer except in accordance with the provisions of this section, and any nonrenewal attempted which is not in compliance with this section is ineffective.

(b)     A policy written for a term of one year or less may be nonrenewed by the insurer at its expiration date by giving or mailing written notice of nonrenewal to the insured and the agent of record, if any, not less than thirty days prior to the expiration date of the policy.

(c)     Subject to subsection (c) of Section 38-9-860, a policy written for a term of more than one year or for an indefinite term may be nonrenewed by the insurer at its anniversary date by giving or mailing written notice of nonrenewal to the insured and the agent of record, if any, not less than thirty days prior to the anniversary date of the policy.

(d)     The notice required by this section must be given or mailed to the insured and the agent at their addresses shown in the policy or, if not reflected therein, at their last known addresses. Proof of mailing is sufficient proof of notice.

(e)     Any notice of nonrenewal shall state the precise reason for nonrenewal.

Section 38-9-850.     (a)     If an insurer intends to renew a policy, the insurer shall furnish renewal terms and a statement of the amount of premium or estimated premium due for the renewal policy period in the manner required by this section.

(b)     If the policy being renewed (hereinafter 'original policy') is written for a term of one year or less, the renewal terms and statement of premium or estimated premium due must be furnished to the insured not less than thirty days prior to the expiration date of the original policy.

(c)     If the original policy is written for a term of more than one year or for an indefinite term, the renewal terms and statement of premium or estimated premium due must be furnished to the insured not less than thirty days prior to the anniversary date of the original policy.

(d)     The insurer may satisfy its obligation to furnish renewal terms and statement of premium or estimated premium due by either of the following methods:

(1)     mailing or delivering renewal terms and statement to the insured at his address shown in the policy or, if not reflected therein, at his last known address, not less than thirty days prior to expiration or anniversary; or

(2)     mailing or delivering renewal terms and statement to the agent of record, if any, not less than forty-five days prior to expiration or anniversary, along with instructions that the agent furnish the renewal terms and statement to the insured not less than thirty days prior to expiration or anniversary.

(e)     If the insurer fails to furnish the renewal terms and statement of premium or estimated premium due in the manner required by this section, the insured may elect to cancel the renewal policy within the thirty-day period following receipt of the renewal terms and statement of premium or estimated premium due. Earned premium for any period of coverage must be calculated pro rata based upon the premium applicable to the original policy and not the premium applicable to the renewal policy.

Section 38-9-860.     (a)     It is unlawful for any insurer to cancel, nonrenew, or renew a policy of insurance except in compliance with the requirements of this article.

(b)     Midterm cancellation of an entire block, line, or class of business is presumed to be unfair, inequitable, and contrary to the public interest and is unlawful.

(c)     If a policy has been issued for a term longer than one year and for additional premium consideration renewal of the policy or an annual premium has been guaranteed, it is unlawful for the insurer to refuse to renew the policy or to increase the annual premium during the term of that policy.

Section 38-9-870.     For insurers which are unlicensed but approved under Section 38-47-100, the timely giving of all notices required by this article to the licensed broker who placed the insurance and represents the insured is considered notice to the insured.

Section 38-9-880.     There is no liability on the part of and no cause of action of any nature may arise against the Commissioner, any insurer, or the authorized representatives, agents, and employees of either or any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation or refusal to write or renew, for any statement made by any of them in complying with this article, or for the providing of information pertaining thereto, unless the person asserting the cause of action establishes that the person against whom the cause of action is asserted was motivated by express malice or gross negligence."

SECTION     2.     This act shall take effect upon approval by the Governor./

Amend title to conform.

Rep. McLEOD explained the amendment.

The amendment was then adopted.

Rep. BLACKWELL moved to table Amendment No. 1 which was agreed to.

Rep. BLACKWELL moved to table Amendment No. 2 which was agreed to.

Rep. BLACKWELL moved to table Amendment No. 3 which was agreed to.

The question then recurred to the passage of the Bill, as amended, which was agreed to.

The Bill, as amended, was read the second time and ordered to third reading.

OBJECTION TO MOTION

Rep. McLEOD asked unanimous consent that H. 3339 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 2446--DEBATE ADJOURNED

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

H. 2446 -- Reps. Foxworth, Winstead, Davenport, D. Martin and Kohn: A BILL TO PERMIT SELF-SERVICE GAS FILLING STATIONS TO BE EQUIPPED WITH AN APPROVED AUTOMATIC-CLOSING TYPE PUMP OR DISPENSER NOZZLE WITH A HOLD-OPEN LATCH.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 2751 -- Reps. Evatt, Beasley and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1645, SO AS TO ALLOW A STATE AGENCY TO COMPENSATE A FOSTER FAMILY FOR THE UNINSURED LOSS NOT TO EXCEED FIVE HUNDRED DOLLARS THAT THEY INCUR WHEN THEIR PROPERTY IS DAMAGED OR DESTROYED BY THE FOSTER CHILD PLACED IN THEIR HOME.

H. 2751--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WHITE, with unanimous consent, it was ordered that H. 2751 be read the third time tomorrow.

H. 2754--DEBATE ADJOURNED

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

H. 2754 -- Reps. Evatt, Beasley and Wilkins: A BILL TO AMEND SECTION 20-7-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTAKE SERVICES PROVIDED TO JUVENILES BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO PROVIDE THAT JUVENILES MAY NOT BE COMMITTED TO A RECEPTION AND EVALUATION CENTER OR YOUTH CORRECTIONAL INSTITUTION OF THE DEPARTMENT WITHOUT FIRST BEING REFERRED TO THE INTAKE SECTION OF THE DEPARTMENT AND PROVIDED WITH THE INTAKE SERVICES THE DEPARTMENT IS MANDATED TO PROVIDE.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 3040 -- Reps. Sheheen, Kirsh and Shelton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-32 SO AS TO AUTHORIZE COUNTY COUNCILS TO ISSUE SUBPOENAS AND TO CONDUCT INVESTIGATIONS OF THE DEPARTMENTS OF COUNTY GOVERNMENT AND PUNISH FOR CONTEMPT.

OBJECTION TO MOTION

Rep. SHEHEEN asked unanimous consent that H. 3040 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 2284--OBJECTIONS

The following Bill was taken up.

H. 2284 -- Reps. Woodruff, Huff and Limehouse: TO AMEND SECTION 20-7-1370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND TERMS OF JUDGES, SO AS TO INCREASE THE TERMS OF FAMILY COURT JUDGES FROM FOUR TO SIX YEARS AND TO PROVIDE FOR THE EXPIRATION DATE OF THOSE TERMS.

Reps. TAYLOR, BLACKWELL, FOXWORTH, HUFF, TOWNSEND, RAWL, KAY, CHAMBLEE, TUCKER and G. BAILEY objected to the Bill.

PARLIAMENTARY INQUIRY

Rep. FOXWORTH inquired whether it was proper at this time to move to recommit H. 2446.

The SPEAKER Pro Tempore replied that it was not.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 3440 -- Reps. Hayes, Hearn and Evatt: A BILL TO AMEND SECTIONS 20-7-370 AND 20-7-380, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF BEER, WINE, OR LIQUOR, SO AS TO MAKE THE SECTIONS INAPPLICABLE TO MINORS ACTING AS AGENTS OF A LAW ENFORCEMENT AGENCY.

Referred to Committee on Judiciary.

H. 3441 -- Reps. Huff, J. Bradley, J.W. Johnson, Gentry, J. Anderson, Wilkins, Griffin and Woodruff: A BILL TO AMEND SECTION 56-9-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING COVERAGE LIMITATIONS, UNINSURED MOTORIST PROVISIONS, AND THE LIKE, SO AS TO PROVIDE A DEFINITION OF "UNDERINSURED MOTOR VEHICLE"; AND TO AMEND SECTION 56-9-831, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE, SO AS TO PROVIDE THAT BENEFITS PAID PURSUANT TO THAT SECTION ARE NOT SUBJECT TO SUBROGATION AND ASSIGNMENT.

Referred to Committee on Labor, Commerce and Industry.

H. 3259--NON-CONCURRENCE IN SENATE AMENDMENTS

On motion of Rep. STURKIE, with unanimous consent, the Senate amendments to the following Concurrent Resolution were taken up for consideration.

H. 3259 -- Rep. Schwartz: A CONCURRENT RESOLUTION TO AUTHORIZE MIDLANDS AREA ACADEMIC COMPETITION STEERING COMMITTEE TO USE THE SENATE AND HOUSE CHAMBERS ON SATURDAY, FEBRUARY 8, 1986, FROM 9:00 A.M. TO 5:00 P.M..

POINT OF ORDER

Rep. FELDER raised the Point of Order that the Senate Amendments to H. 3259 were not constitutional and therefore were out of order.

The SPEAKER Pro Tempore stated that the matter was a Concurrent Resolution, and the Senate had the right to amend the Resolution.

Rep. SCHWARTZ moved to commit the Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.

Rep. SCHWARTZ moved to reconsider the vote whereby the Resolution was committed to the Committee on Invitations and Memorial Resolutions which was agreed to.

The question then recurred to the motion to concur in the Senate amendments, which was rejected, and a message was ordered sent to the Senate accordingly.

MOTION NOTED

Rep. TOWNSEND moved to reconsider the vote whereby H. 3040 was given a second reading and the motion was noted.

H. 2446--RECOMMITTED

Rep. FOXWORTH moved to recommit the following Bill to the Committee on Labor, Commerce and Industry, which was agreed to.

H. 2446 -- Reps. Foxworth, Winstead, Davenport, D. Martin and Kohn: A BILL TO PERMIT SELF-SERVICE GAS FILLING STATIONS TO BE EQUIPPED WITH AN APPROVED AUTOMATIC-CLOSING TYPE PUMP OR DISPENSER NOZZLE WITH A HOLD-OPEN LATCH.

H. 2754--DEBATE ADJOURNED

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

H. 2754 -- Reps. Evatt, Beasley and Wilkins: A BILL TO AMEND SECTION 20-7-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTAKE SERVICES PROVIDED TO JUVENILES BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO PROVIDE THAT JUVENILES MAY NOT BE COMMITTED TO A RECEPTION AND EVALUATION CENTER OR YOUTH CORRECTIONAL INSTITUTION OF THE DEPARTMENT WITHOUT FIRST BEING REFERRED TO THE INTAKE SECTION OF THE DEPARTMENT AND PROVIDED WITH THE INTAKE SERVICES THE DEPARTMENT IS MANDATED TO PROVIDE.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 2777 -- Reps. Day, Sharpe, G. Bailey, T. Rogers, Limehouse, Faber, Freeman, Shelton, Holt, O. Phillips, Archibald, J. Harris, Aydlette, Moss, Blackwell, Alexander, Simpson, Klapman, Williams, Davenport, Mattos, Cleveland, G. Brown, Fair, Rice, Rhoad, J. Arthur, Woods, Hawkins, Russell, Gregory, McTeer, Harvin, McBride, J.W. Johnson, Altman, T.M. Burriss, Hayes, Ogburn, Keyserling, Woodruff, Elliott, Toal, Schwartz and Townsend: A BILL TO AMEND ARTICLE 3 OF CHAPTER 13 OF TITLE 7, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-325, AND TO AMEND ARTICLE 5 OF CHAPTER 13 OF TITLE 7, AS AMENDED, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-615 SO AS TO PROVIDE THAT ANY PAPER BALLOT USED IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION MAY BE PRINTED ONLY ON ONE SIDE.

H. 2777--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. DAY, with unanimous consent, it was ordered that H. 2777 be read the third time tomorrow.

S. 126--OBJECTIONS

The following Bill was taken up.

S. 126 -- Senator Thomas E. Smith, Jr.: A BILL TO AUTHORIZE EVERY STANDING COMMITTEE OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, EVERY JOINT STUDY COMMITTEE OF THE GENERAL ASSEMBLY, AND EVERY JOINT SUBCOMMITTEE OF STANDING COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES TO ISSUE SUBPOENAS, ADMINISTER OATHS, TAKE DEPOSITIONS, AND RECEIVE TESTIMONY AND EVIDENCE AS NECESSARY TO CARRY OUT ITS DUTIES, INCLUDING SUBPOENAS FOR OTHERWISE CONFIDENTIAL RECORDS; TO PROVIDE A METHOD FOR LIMITING, REVOKING, OR MODIFYING SUBPOENAS ISSUED; TO PERMIT THE RECEIPT OF TESTIMONY AND EVIDENCE IN EXECUTIVE SESSION FOR GOOD CAUSE SHOWN; TO PROVIDE FOR THE ENFORCEMENT OF SUBPOENAS; AND TO GRANT IMMUNITY FROM CIVIL OR CRIMINAL ACTIONS TO PERSONS PRODUCING MATERIALS PURSUANT TO SUBPOENA.

Reps. RAWL, WINSTEAD, WASHINGTON and GORDON objected to the Bill.

S. 209--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 209 -- Senators Bryan, Long, Mitchell, McConnell, Lourie and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-70, SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO COMPLIES WITH A VALID SUBPOENA TO TESTIFY IN A COURT OR ADMINISTRATIVE PROCEEDING OR TO SERVE ON A JURY OF ANY COURT AND TO LIMIT THE AMOUNT OF DAMAGES WHICH MAY BE IMPOSED ON THE EMPLOYER.

Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1152R), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. This act shall take effect upon approval by the Governor and is retroactive to January 1, 1984./

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 209--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. TOAL, with unanimous consent, it was ordered that S. 209 be read the third time tomorrow.

H. 3384--OBJECTIONS

The following Bill was taken up.

H. 3384 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 4 SO AS TO PROVIDE PROCEDURES FOR THE CONSOLIDATION OF POLITICAL SUBDIVISIONS; AND TO ADD SECTION 4-9-41 SO AS TO PROVIDE FOR THE JOINT ADMINISTRATION OF FUNCTIONS OF POLITICAL SUBDIVISIONS.

Rep. TOAL explained the Bill.

Reps. BLACKWELL, FOXWORTH, McABEE, MITCHELL and J. BRADLEY objected to the Bill.

H. 3147-3156, 3225, 3227-3229, 3232
--DEBATE ADJOURNED

Rep. TOAL, with unanimous consent, moved to adjourn debate until Tuesday, February, 11, 1986 upon the following Bills which was adopted.

H. 3147 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN STATUTES RELATING TO ALCOHOLICS AND DRUG ADDICTS, SO AS TO CHANGE A DEFINITION OF "ADDICT SUBJECT TO JUDICIAL HOSPITALIZATION" TO "ADDICT SUBJECT TO NONEMERGENCY HOSPITALIZATION", CHANGE THE DEFINITION OF "TREATMENT FACILITY" SO THAT THE FACILITIES MUST BE LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSTEAD OF APPROVED BY THE STATE DEPARTMENT OF MENTAL HEALTH, AND CHANGE THE DEFINITION OF "COURT".

H. 3148 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGE OF ALCOHOLIC AND DRUG ADDICTS BY THE HEAD OF A TREATMENT FACILITY, SO AS TO PROVIDE THE PROCEDURE FOR TRANSFER OF A PATIENT INCLUDING TRANSFERS BY THE COMMISSIONER OF THE STATE DEPARTMENT OF MENTAL HEALTH, AND TO REPEAL SECTION 44-51-140, RELATING TO TRANSFER OF PATIENTS BY THE COMMISSIONER OF THE STATE DEPARTMENT OF MENTAL HEALTH.

H. 3149 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIALLY HOSPITALIZED PATIENTS LEAVING ALCOHOLIC AND DRUG ADDICT TREATMENT CENTERS WITHOUT PERMISSION OR VIOLATING CONDITIONS OF RELEASE, SO AS TO CHANGE REFERENCES TO JUDICIALLY HOSPITALIZED PATIENTS TO NONEMERGENCY HOSPITALIZED PATIENTS, AND TO PROVIDE THAT ANY PATIENT WHO VIOLATES THE CONDITIONS OF HIS RELEASE MAY BE TAKEN INTO CUSTODY ON WRITTEN ORDER OF THE COURT, INSTEAD OF ON WRITTEN ORDER OF THE HEAD OF THE TREATMENT FACILITY.

H. 3150 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURT ORDERED TREATMENT OF AN ADDICT, SO AS TO PROVIDE FOR NONEMERGENCY HOSPITALIZATION INSTEAD OF JUDICIAL HOSPITALIZATION AND TO PROVIDE THAT THE COURT MAY ORDER INPATIENT OR OUTPATIENT TREATMENT.

H. 3151 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF PATIENTS FROM ALCOHOL AND DRUG ADDICT TREATMENT FACILITIES, SO AS TO CHANGE REFERENCES TO TRIAL VISITS TO TEMPORARY LEAVES OF ABSENCE AND TO ALLOW HEADS OF TREATMENT UNITS TO PERMIT LEAVES OF ABSENCE.

H. 3152 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTIONS 44-51-90, 44-51-100, AND 44-51-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT OF ALCOHOLICS AND DRUG ADDICTS, SO AS TO CHANGE REFERENCES TO JUDICIAL HOSPITALIZATION TO NONEMERGENCY HOSPITALIZATION.

H. 3153 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMENCEMENT OF JUDICIAL HOSPITALIZATION PROCEEDINGS FOR DRUG ADDICTS, SO AS TO PROVIDE FOR NONEMERGENCY HOSPITALIZATION PROCEEDINGS AND TO REDUCE FROM TWO TO ONE THE NUMBER OF PHYSICIANS THAT MUST EXAMINE AND CERTIFY THAT AN INDIVIDUAL IS AN ADDICT AND TO PROVIDE HIM COUNSEL IF ONE IS NOT RETAINED.

H. 3154 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OR RETENTION OF INVOLUNTARY PATIENTS BEING TREATED FOR ALCOHOLISM OR DRUG ADDICTION AND COMMENCEMENT OF PROCEEDINGS FOR JUDICIAL HOSPITALIZATION, SO AS TO PROVIDE FOR NONEMERGENCY HOSPITALIZATION INSTEAD OF JUDICIAL HOSPITALIZATION; TO REQUIRE PATIENTS TO REMAIN IN TREATMENT FACILITIES FOR AT LEAST TWENTY DAYS INSTEAD OF FIVE DAYS UNLESS DISCHARGED; AND TO PROVIDE FOR RELEASE TO BE POSTPONED FOR COMMENCEMENT OF PROCEEDINGS FOR TWENTY DAYS INSTEAD OF FIVE DAYS.

H. 3155 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVOLUNTARY ADMISSION OF AN ALCOHOLIC OR DRUG ADDICT TO TREATMENT FACILITY FOR NONEMERGENCY HOSPITALIZATION, SO AS TO REDUCE FROM TWO TO ONE THE NUMBER OF PHYSICIANS REQUIRED TO CERTIFY THAT THE PERSON TO BE ADMITTED HAS BEEN EXAMINED AND IS AN ALCOHOLIC OR DRUG ADDICT.

H. 3156 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY ADMISSION TO A FACILITY FOR TREATMENT OF ALCOHOLISM OR DRUG ADDICTION, SO AS TO REDUCE FROM EIGHTEEN YEARS TO SIXTEEN YEARS THE AGE AT WHICH A PERSON MAY APPLY FOR VOLUNTARY ADMISSION AND TO PROVIDE THAT A PARENT OR LEGAL GUARDIAN OF A PERSON UNDER SIXTEEN INSTEAD OF EIGHTEEN YEARS OF AGE MAY APPLY IN THE PERSON'S BEHALF.

H. 3225 -- Reps. Sharpe, Helmly, Woods, J. Harris and P. Harris: A BILL TO AMEND SECTION 44-51-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN STATUTES RELATING TO ALCOHOLICS AND DRUG ADDICTS, SO AS TO DEFINE "CHRONICITY".

H. 3227 -- Reps. Sharpe, Helmly, Woods, J. Harris and P. Harris: A BILL TO AMEND SECTION 44-51-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO AUTHORIZE IT TO PROVIDE CARE AND TREATMENT FOR INVOLUNTARY ADMISSIONS OF ALCOHOL AND DRUG ABUSE PATIENTS.

H. 3228 -- Reps. Sharpe, Helmly, Woods, J. Harris and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-51-135 SO AS TO PROVIDE FOR A PETITION FOR TERMINATION OF HOSPITALIZATION FOR ALCOHOL AND DRUG ADDICTION AND TO PROVIDE FOR NOTIFICATION OF THE RIGHT TO PETITION.

H. 3229 -- Reps. Sharpe, Helmly, Woods, J. Harris and P. Harris: A BILL TO AMEND SECTION 44-51-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM PERIODS OF TREATMENT AT ALCOHOLIC TREATMENT FACILITIES, SO AS TO INCREASE THE MAXIMUM TREATMENT PERIOD FOR OUTPATIENT CARE FROM ONE YEAR TO EIGHTEEN TO TWENTY-FOUR MONTHS; TO PROVIDE THAT OUTPATIENT CARE MAY BE A CONDITION OF RELEASE FROM INPATIENT CARE; TO PROVIDE THAT THE COURT, IN CONJUNCTION WITH MENTAL HEALTH SPECIALISTS INSTEAD OF THE HEAD OF THE FACILITY, MAY PROVIDE TEMPORARY LEAVES OF ABSENCE INSTEAD OF TRIAL VISITS; TO INCREASE THE MAXIMUM PERIOD OF JUDICIAL HOSPITALIZATION IN ANY EVENT FROM ONE YEAR AND NINETY DAYS TO TWO YEARS AND FIVE MONTHS; TO DELETE THE SPECIAL PROVISIONS FOR DRUG ADDICTS; TO PROVIDE THAT THE PROVISIONS OF THE SECTION SHALL APPLY TO ALCOHOLICS, DRUG ADDICTS, AND PERSONS ADDICTED TO A COMBINATION OF ALCOHOL AND DRUGS; TO PROVIDE THAT A REPORT BASED ON CASE REVIEW BE MADE TO THE COURT WITHIN TWENTY DAYS FROM RELEASE FROM INPATIENT TREATMENT; TO PROVIDE FOR RETURN WITHIN TWENTY DAYS TO A TREATMENT FACILITY WITHOUT A HEARING IF THE REPORT INDICATES FURTHER TREATMENT IS NEEDED THERE; AND TO PROVIDE THAT A PATIENT MUST BE GRANTED A COURT HEARING AFTER THE TWENTY-DAY PERIOD BEFORE HE IS RETURNED TO INPATIENT TREATMENT DURING THE OUTPATIENT TREATMENT PERIOD.

H. 3232 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF VOLUNTARY PATIENTS BEING TREATED FOR ALCOHOLISM OR DRUG ADDICTION AND COMMENCEMENT OF PROCEEDINGS FOR JUDICIAL HOSPITALIZATION, SO AS TO PROVIDE FOR NONEMERGENCY HOSPITALIZATION INSTEAD OF JUDICIAL HOSPITALIZATION; TO PROVIDE FOR RELEASE TO BE POSTPONED FOR COMMENCEMENT OF PROCEEDINGS FOR NOT MORE THAN TWENTY DAYS INSTEAD OF TEN DAYS; TO PROVIDE THAT THE PATIENT MUST BE IMMEDIATELY RELEASED IF NONEMERGENCY HOSPITALIZATION IS NOT ORDERED OR IS DETERMINED TO BE UNWARRANTED; AND TO REQUIRE A DETERMINATION OF CHRONICITY FOR NONEMERGENCY HOSPITALIZATION TO BE ORDERED.

H. 3040--DEBATE ADJOURNED ON
MOTION TO RECONSIDER

The motion of Rep. TOWNSEND to reconsider the vote whereby the following Bill was given a second reading was taken up.

H. 3040 -- Reps. Sheheen, Kirsh and Shelton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-32 SO AS TO AUTHORIZE COUNTY COUNCILS TO ISSUE SUBPOENAS AND TO CONDUCT INVESTIGATIONS OF THE DEPARTMENTS OF COUNTY GOVERNMENT AND PUNISH FOR CONTEMPT.

Rep. SHEHEEN moved to table the motion.

Rep. BEASLEY demanded the yeas and nays, which were not ordered.

The motion to table was rejected by a division vote of 26 to 31.

The question then recurred to the motion to reconsider the vote whereby the Bill was given a second reading.

Rep. SHEHEEN moved to adjourn debate upon the Bill until Tuesday, February 11.

POINT OF ORDER

Rep. BLACKWELL raised the Point of Order that the Bill was not before the House for consideration, so the motion to adjourn debate on the Bill was out of order.

The SPEAKER Pro Tempore sustained the Point of Order.

Rep. SHEHEEN moved to adjourn debate upon the motion to reconsider until Tuesday, February 11, which was adopted.

H. 2818--INTERRUPTED DEBATE

The following Bill was taken up.

H. 2818 -- Reps. Wilkins, Evatt, Beasley and Alexander: A BILL TO AMEND SUBARTICLE 3 OF ARTICLE 13 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S BUREAU, BY ADDING SECTION 20-7-2327 SO AS TO PROVIDE FOR THE PLACEMENT OF CHILDREN BY THE CHILDREN'S BUREAU; BY ADDING SECTION 20-7-2335 SO AS TO PROVIDE FOR THE REQUIREMENTS OF PLACEMENT; BY ADDING SECTION 20-7-2337 SO AS TO PROVIDE FOR THE CONTENTS OF RECORDS OF PLACEMENT; BY ADDING SECTION 20-7-2345 SO AS TO PROVIDE FOR THE CHILDREN'S BUREAU TO BE THE GUARDIAN OF CHILDREN COMMITTED TO ITS CARE AND TO REQUIRE THE CHILDREN'S BUREAU'S CONSENT TO ADOPTION OF THE CHILDREN; BY ADDING SECTION 20-7-2355 SO AS TO PROVIDE FOR THE REQUIREMENTS RELATING TO REMOVAL OF CHILDREN FROM THE BIOLOGICAL MOTHER; AND BY ADDING SECTION 20-7-2365 SO AS TO REQUIRE NOTIFICATION TO THE CHILDREN'S BUREAU OF CHILDREN BROUGHT INTO THIS STATE AND REPORTS ON THE LOCATION AND WELL-BEING OF THE CHILDREN; TO AMEND SUBARTICLE 7 OF ARTICLE 11 OF CHAPTER 7 OF TITLE 20, RELATING TO ADOPTION, SO AS TO PROVIDE FOR THE SUBARTICLE TO BE CITED AS THE SOUTH CAROLINA ADOPTION ACT; TO ESTABLISH THE PURPOSE OF THE SUBARTICLE; TO DEFINE TERMS; TO SET FORTH NEW PROVISIONS AS TO WHO MAY ADOPT A CHILD; TO DELETE THE PROVISIONS DETAILING CERTAIN REQUIREMENTS OF ADOPTION PROCEEDINGS; TO PROVIDE FOR THE FAMILY COURT TO HAVE EXCLUSIVE JURISDICTION OVER ADOPTION PROCEEDINGS AND WHERE THE PROCEEDINGS MAY BE BROUGHT; TO PROVIDE WHO SHALL GIVE CONSENT OR RELINQUISHMENT FOR THE PURPOSE OF ADOPTION; TO PROVIDE WHO MUST BE GIVEN NOTICE OF ADOPTION PROCEEDINGS AND FOR THE REQUIREMENTS OF THE NOTICE; TO PROVIDE FOR NOTICE OF INTENT TO CONTEST, INTERVENE, OR OTHERWISE RESPOND; TO PROVIDE FOR THE ASSESSMENT OF ALL COSTS, NOT ONLY INCIDENTAL COSTS, FOR THE RELEASE OF A CHILD; TO PROVIDE WHO IS NOT REQUIRED TO GIVE CONSENT OR RELINQUISHMENT; TO REQUIRE CONSENTS OR RELINQUISHMENTS TO BE MADE BY A SWORN DOCUMENT TO BE FILED IN COURT, FOR THE SPECIFICATIONS OF THE DOCUMENT, AND FOR WITNESSING OF THE DOCUMENT; TO PROVIDE WHEN CONSENTS OR RELINQUISHMENTS MAY BE GIVEN; TO ALLOW WITHDRAWAL OF CONSENTS OR RELINQUISHMENTS AND TO REQUIRE FILING IN COURT OF REASONS FOR WITHDRAWAL; TO DELETE THE REFERENCES TO INTERLOCUTORY ADOPTION DECREE; TO DELETE THE REQUIREMENT THAT ADOPTION PETITIONS MUST BE FILED IN DUPLICATE; TO PROVIDE FOR THE CONTENTS OF AN ADOPTION PETITION AND THE INFORMATION WHICH MUST BE FILED WITH THE PETITION; TO PROVIDE FOR APPOINTMENT OF A GUARDIAN AD LITEM; TO PROVIDE WHO IS NOT ENTITLED TO NOTICE OF ADOPTION PROCEEDINGS; TO PROVIDE FOR THE ESTABLISHMENT OF THE PUTATIVE FATHER REGISTRY BY THE CHILDREN'S BUREAU, WHO IS INCLUDED IN THE REGISTRY, FOR REQUIREMENTS OF THE REGISTRY, AND FOR THE PROMULGATION OF REGULATIONS RELATING TO THE REGISTRY; TO PROVIDE FOR TEMPORARY CUSTODY OF THE ADOPTEE; TO PROVIDE NEW REQUIREMENTS FOR THE CONTENTS OF REPORTS ON PREPLACEMENT, BACKGROUND, AND POSTPLACEMENT INVESTIGATIONS, WHICH MUST BE COMPLETED PRIOR TO THE FINAL HEARING FOR ADOPTION OF A CHILD; TO DELETE THE PROVISIONS SETTING FORTH ADOPTION REQUIREMENTS WHEN THE CHILD IS RELATED BY BLOOD OR MARRIAGE TO THE PETITIONER OR IS THE STEPCHILD OF THE PETITIONER; TO REQUIRE CERTIFICATION OF ANY PERSON INVESTIGATING THE ADOPTION OF A CHILD OR OBTAINING A CONSENT OR RELINQUISHMENT, PROVIDE FOR PROMULGATION OF REGULATIONS RELATING TO CERTIFICATION, ALLOW CERTIFIED PERSONS TO CHARGE FEES, AND PROVIDE FOR A DIRECTORY OF CERTIFIED PERSONS; TO PROVIDE NEW REQUIREMENTS FOR FINAL HEARINGS ON ADOPTION PETITIONS; TO PROVIDE FOR THE CONDITIONS UNDER WHICH ADOPTIONS MAY BE GRANTED; TO PROVIDE FOR THE REQUIREMENTS OF THE CONTENTS OF AN ADOPTION DECREE; TO PROVIDE FOR THE EFFECTS OF AN ADOPTION DECREE ON THE ADOPTEE, THE ADOPTIVE PARENT, AND THE BIOLOGICAL PARENTS OF THE ADOPTEE; TO REQUIRE AN ACCOUNTING OF DISBURSEMENTS MADE IN CONNECTION WITH THE ADOPTION, WHICH MUST BE VERIFIED BY THE PETITIONER, AND PROVIDE FOR ITS CONTENTS; TO REQUIRE THE CONFIDENTIALITY OF PAPERS AND RECORDS PERTAINING TO THE ADOPTION; TO PROVIDE FOR ADDITIONAL NONIDENTIFYING INFORMATION WHICH MAY BE DISCLOSED; TO PROVIDE FOR APPEALS AS IN OTHER FAMILY COURT MATTERS INSTEAD OF CIVIL MATTERS; AND TO PROVIDE FOR THE REQUIREMENTS RELATING TO THE ADOPTION OF A SPOUSE'S CHILD AND ADULTS; AND TO REPEAL SECTIONS 20-7-1830 THROUGH 20-7-1890, RELATING TO THE CHILDREN'S BUREAU.

Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1544R):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Subarticle 3 of Article 13 of Chapter 7 of Title 20 of the 1976 Code is amended by adding:
"Section 20-7-2327. The Children's Bureau may place in private homes for adoption any destitute, delinquent, neglected, and dependent child committed to the care of the Children's Bureau. Defective and otherwise handicapped children committed to the care of the Children's Bureau must be placed in institutions provided by the State for the care of these children, as may appear advisable for the best interests of the child.
Section 20-7-2335. The Children's Bureau in placing destitute, neglected, dependent, and delinquent children in private homes shall safeguard the welfare of each child by a thorough investigation of each applicant, the home, and the home's environment and shall personally and adequately supervise each child until the child receives legal adoption or attains legal age.
Section 20-7-2337. The Children's Bureau shall keep a record, as current as possible, containing the names, ages, addresses, and occupations of the parents of children coming under the supervision of the Children's Bureau; the dates of reception, placing, and adoption of children; the name, occupation, and residence of the person with whom the child is placed; the date and cause of any removal to another home; and a brief history of each child until the child has reached the age of eighteen years or has been legally adopted or discharged according to law.
Section 20-7-2345. The Children's Bureau is the guardian of any destitute, dependent, neglected, or delinquent child committed to the care of the Children's Bureau and shall, as soon as practicable, place the child in a private home, either temporarily or as a member of the family, and, when this action is considered proper and desirable and does not conflict with any retained legal rights of the biological parents of the child, the Children's Bureau may consent in loco parentis to the legal adoption of the child.
Section 20-7-2355. Any person, including but not limited to midwives, physicians, and nurses, or any hospital, private institution, agency, or organization who removes a child within six months after the child's birth from the child's biological mother shall report to the Children's Bureau the names and addresses of the parents of the child and the names and addresses of the persons with whom the child is left, unless the person removing the child from the child's biological mother knows of his own knowledge that the child was born when the child's mother was married and was not removed from the mother because of immoral surroundings.
Section 20-7-2365. No person may bring or send into this State from any territory or country any child and, leaving it, place the child in a foster home or procure its adoption unless the person so bringing or sending the child first has notified the Children's Bureau of his intention to do so, and unless the person has provided the appropriate information as required by the Children's Bureau. In cases where the State Department of Social Services is contacted by a sending agency of another territory or country in regard to providing foster care placement in this State, the department shall notify the Children's Bureau of its intentions as to bringing and placing the child. The department is also charged with informing the Children's Bureau as to the location and well-being of the child on a yearly basis and providing information on the disposition of the case.

The person bringing or sending the child into this State shall report at least once each year, and at other times as the Children's Bureau directs, as to the location and well-being of the child so long as the child remains in this State, and until it has reached the age of eighteen years or has been legally adopted."
SECTION 2. Subarticle 7 of Article 11 of Chapter 7 of Title 20 of the 1976 Code is amended to read:
"Section 20-7-1645. This subarticle may be cited as the South Carolina Adoption Act.
Section 20-7-1647. The purpose of this subarticle is to establish fair and reasonable procedures for the adoption of children and to provide for the well-being of the child, with full recognition of the interdependent needs and interests of the biological parents and the adoptive parents. However, when the interests of a child and an adult are in conflict, the conflict must be resolved in favor of the child. Children may be adopted by or placed for adoption with residents of South Carolina only, except in unusual or exceptional circumstances.
Section 20-7-1650. As used in this subarticle Subarticles 7 and subarticle 9 of Article 11 of this chapter Chapter 7 of Title 20, unless the context otherwise requires, "child" means any minor person, and "agency" means any person, authority or agency legally empowered to place children for adoption.:

(a) 'Adoptee' means a person who is proposed to be or who has been legally adopted;

(b) 'Adoption' means the judicial act of creating the relationship of parent and child where it did not exist previously;

(c) 'Adoptive parent' means an adult who has become a parent of a child through the legal process of adoption;

(d) 'Child' means any person under eighteen years of age;

(e) 'Child placing agency' or 'agency' means the Children's Bureau of South Carolina, State Department of Social Services, and any person or entity which is licensed pursuant to Sections 20-7-2230 through 20-7-2290 which receives children for placement for adoption;

(f) 'Consent' means the informed and voluntary release in writing of all parental rights with respect to a child by a parent for the purpose of adoption;

(g) 'Legal age' means eighteen years of age or older;

(h) 'Relinquishment' means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to a child placing agency for the purpose of adoption;

(i) 'South Carolina resident' means a person who has established a true, fixed principal residence and place of habitation in this State, and who intends to remain or expects to return upon leaving without establishing residence in another state. Temporary absences for short periods of time do not affect the establishment of residency; and

(j) 'Special needs child' means children who fall into one or more of the following categories:

(1) children who are members of a sibling group;

(2) children of mixed racial heritage;

(3) children aged six or older; or

(4) children with physical, mental, or emotional disabilities.
Section 20-7-1660. Any child present within this State at the time the petition for adoption is filed, irrespective of place of birth or place of residence, may be adopted.
Section 20-7-1670. The following persons are eligible to adopt a child:

(a) A husband and wife jointly, or either the husband or wife if the other spouse is a parent of the child.

(b) An unmarried person who is at least of legal age.

(c) A married person at least of legal age who is legally separated from the other spouse.

(d) The unmarried father or mother, regardless of his or her age, of his or her illegitimate child. Any South Carolina resident may petition the court to adopt a child. Placement of children for adoption pursuant to this Subarticle 7 of Article 11 of Chapter 7 of Title 20 is limited to South Carolina residents with exceptions being made in the following circumstances only:

(a) The child is a special needs child, as defined by Section 20-7-1650;

(b) There has been public notoriety concerning the child or child's family, and the best interests of the child would be served by placement outside this State;

(c) The child is to be placed for adoption with a relative related biologically or by marriage;

(d) At least one of the adoptive parents is in the military service stationed in South Carolina; or

(e) There are specific findings of fact of unusual or exceptional circumstances that the best interest of the child would be served by placement with or adoption by nonresidents of this State.

Before a child is placed within or outside the boundaries of this State for adoption with nonresidents of this State, compliance with Subarticle 11 of Article 11 of Chapter 7 of Title 20 (Interstate Compact on the Placement of Children) is required.
Section 20-7-1680. The family court has exclusive jurisdiction over all proceedings held pursuant to this Subarticle 7 of Article 11 of Chapter 7 of Title 20. Proceedings for adoption by bona fide residents of the this State may be brought in the family court of the county in which the petitioner resides or is in military service, or in the county in which the child resides. For nonresidents of this State proceedings for adoption must be brought in the county in which the child resides or in which the agency having custody of the child is located. The family court may order a change of venue as in other civil proceedings in this State.

Under unusual or exceptional circumstances the family court, in its discretion, may permit nonresidents to adopt a child, in which case the proceeding shall be brought in the county where the child resides or where the agency having custody of the child is located.

Section 20-7-1690. Before any hearing shall be had on such a petition the child so sought to be adopted and whose name is sought to be changed shall be served with a copy of the petition, and a guardian ad litem for such child shall be appointed as in other civil actions.

Section 20-7-1700. The summons and petition in adoption proceedings shall be served in the manner prescribed by law for personal service of summons in civil actions, or, if service cannot be had in this manner, such service may be made by publication and mailing as provided by law for civil actions affecting real property or decree of divorce.

Section 20-7-1710. An adoption of a child may be decreed when there have been filed written consents to adoption executed by:

(a) Both parents, if living, or the surviving parent, 'regardless of age' of a legitimate child; provided, that consent shall not be required from one whose parental rights have been judicially terminated, or from one who has been made a party to the adoption proceedings and duly served; or

(b) if the child is illegitimate, the mother, regardless of age, and the child's natural father, if he has consistently on a continuing basis exercised rights and performed duties as a parent; provided, that consent shall not be required if such father has been made a party of the adoption proceeding and duly served or when parental rights have been judicially terminated; or

(c) The legal guardian of the person of the child if both parents are dead or if the rights of the parents have been terminated by judicial proceedings and such guardian has authority by order of the court appointing him to consent to the adoption; or

(d) The executive head of an agency if both parents are dead or if the child has been relinquished for adoption to such agency or if the rights of the parents have been judicially terminated and custody of the child had been legally vested in such agency with authority to consent to adoption of the child; or

(e) Any person having legal custody of a child by court order if the parental rights of the parents have been judicially terminated, but in such case the court having jurisdiction of the custody of the child must consent to adoption, and a certified copy of its order shall be attached to the petition.

Section 20-7-1690. (A) Consent or relinquishment for the purpose of adoption is required of the following persons:

(1) the adoptee, if over fourteen years of age, except where the court finds that the adoptee does not have the mental capacity to give consent, or that the best interests of the adoptee are served by not requiring consent; and either

(2) the parents or surviving parent of a child conceived or born during the marriage of the parents; or

(3) the mother of a child born when the mother was not married; and either

(4) the father of a child born when the father was not married to the child's mother, if the child was placed with the prospective adoptive parents more than six months after the child's birth, but only if the father has maintained substantial and continuous or repeated contact with the child as demonstrated by:

(a) payment by the father toward the support of the child of a fair and reasonable sum, based on the father's financial ability; and either

(b) visits by the father to the child at least monthly when the father is physically and financially able to do so, and when the father is not prevented from doing so by the person or agency having lawful custody of the child; or

(c) regular communication by the father with the child or with the person or agency having lawful custody of the child, when the father is physically and financially unable to visit the child, or when the father is prevented from doing so by the person or agency having lawful custody of the child.

The subjective intent of the father, if unsupported by evidence of the acts specified in subitems (a), (b), and (c) of this item (4) of subsection (A) of this section, does not preclude a determination that the father failed to maintain substantial and continuous or repeated contact with the child. In making this determination, the court may not require a showing of diligent efforts by any person or agency having lawful custody of the child to encourage the father to perform the acts. A father of a child born when the father was not married to the child's mother, who openly lived with the child for a period of six months within the one year period immediately preceding the placement of the child for adoption, and who during the six months period openly held himself out to be the father of the child is considered to have maintained substantial and continuous or repeated contact with the child for the purpose of this item (4) of subsection (A) of this section; or

(5) the father of a child born when the father was not married to the child's mother, if the child was placed with the prospective adoptive parents six months or less after the child's birth, but only if:

(a) the father openly lived with the child or the child's mother for a continuous period of six months immediately preceding the placement of the child for adoption and the father openly held himself out to be the father of the child during the six months period; or

(b) the father paid a fair and reasonable sum, based on the father's financial ability, for the support of the child or for expenses incurred in connection with the mother's pregnancy or with the birth of the child, including but not limited to medical, hospital, and nursing expenses.

(B) Consent or relinquishment for the purpose of adoption is required of the legal guardian, child placing agency, or legal custodian of the child if:

(1) Both the parents of the child are deceased;

(2) The parental rights of both the parents have been judicially terminated; or

(3) The child has been relinquished for adoption to the legal guardian, child placing agency, or legal custodian.

(C) Consent or relinquishment for the purpose of adoption given by a parent who is a minor is not subject to revocation by reason of the parent's minority.

(D) Under no circumstances may a parent, legal guardian, child placing agency, or legal custodian of a child receive a fee, compensation, or any other thing of value as consideration for the consent or relinquishment of a child for the purpose of adoption. However, incidental costs may be assessed if they are reimbursements for expenses incurred or fees for services rendered.
Section 20-7-1695. (A) Notwithstanding the provisions of Section 20-7-1690, consent or relinquishment for the purpose of adoption is not required of the following persons:

(1) a parent whose rights with reference to the adoptee have been terminated pursuant to Subarticle 3 of Article 11 of Chapter 7 of Title 20; or

(2) a parent who has been adjudged incompetent or a parent whom the court finds to be mentally incapable of giving consent or relinquishment for the purpose of adoption and whose competence or capacity is unlikely to be restored for a lengthy period of time, and, in the court's judgment, it would be detrimental to the adoptee to delay adoption until restoration. The court shall appoint a guardian ad litem and may appoint independent counsel for a parent for whom there has been no prior appointment.

(B) A parent who has executed a relinquishment pursuant to Section 20-7-1700 to a child placing agency for the purpose of adoption of his child is not required to also execute a separate consent document.
Section 20-7-1700. (A) Consent or relinquishment for the purpose of adoption, pursuant to Section 20-7-1690, must be made by a sworn document, signed by the person or the head of the agency giving consent or relinquishment, and shall specify the following:

(1) the permanent address of the person or agency making the sworn written statement;

(2) the date, time, and place of the signing of the statement;

(3) the date of birth, race, and sex of the adoptee and any names by which the adoptee has been known;

(4) the relationship of the adoptee to the person or agency giving consent or relinquishment;

(5) the names and addresses of the adoptee's mother and father;

(6) that the consent or relinquishment by the person or agency forfeits all rights and obligations of the person or agency with respect to the named adoptee;

(7) that consent or relinquishment once given must not be withdrawn except by order of the court upon a finding that it is in the best interests of the child, and that the consent or relinquishment was not given voluntarily or was obtained under duress or through coercion; and that the entry of the final decree of adoption renders any consent or relinquishment irrevocable;

(8) that the person or agency giving the consent or relinquishment understands that consent or relinquishment must not be given if psychological or legal advice, guidance, or counseling is needed or desired;

(9) that the person or agency giving the consent or relinquishment waives further notice of the adoption proceedings, unless the proceedings are contested by another person or agency;

(10) that the person or agency giving the consent or relinquishment has not been subjected to any pressure and is voluntarily and freely giving the consent or relinquishment; and

(11) that the person or agency giving the consent or relinquishment has received a copy of the document.
(B) When a child placing agency accepts a relinquishment for the purpose of adoption, which gives the agency the right to consent to an adoption of the child, and which contains the information required in subsection (A) of this section, the consent of the agency for the purpose of adoption is not required to meet the requirements of subsection (A). However, the sworn document relinquishing the child must be filed with the court pursuant to subsection (C) of section 20-7-1730.
Section 20-7-1705. (A) The sworn document provided for in Section 20-7-1700, which gives consent or relinquishment for the purpose of adoption must be signed in the presence of two witnesses one of whom must be one of the following:

(1) a judge of any family court in this State;

(2) a public officer or employee appointed on a case by case basis by a family court judge for the purpose of obtaining consents or relinquishments;

(3) a person certified by the Children's Bureau of South Carolina, pursuant to Section 20-7-1750, to obtain consents or relinquishments; or

(4) when the consent or relinquishment is obtained outside of this State, by a person appointed by an agency of that state or by a person or agency authorized by that state's law to obtain consents or relinquishments or to conduct investigations for adoptions.
(B) The persons who witness the signing of the sworn document, as provided for in subsection (A) of this section shall attach to the document written certification that prior to the signing of the document, the provisions of the document were discussed with the person giving consent or relinquishment, and that based on this discussion, it is each witness' opinion that consent or relinquishment is given knowingly, intentionally, voluntarily, and freely.
(C) A copy of the document must be delivered to the person giving the consent or relinquishment at the time of the signing of the document.
Section 20-7-1710. Consent or relinquishment for the purpose of adoption must not be given until thirty-six hours after the birth of the child.
Section 20-7-1720. Withdrawal of any consent or relinquishment, filed in connection with a petition for adoption hereunder, shall is not be permitted except by order of the court after notice and opportunity to be heard is given to all parties persons concerned, and except when the court finds that the withdrawal is in the best interests of the child and that the consent or relinquishment was not given voluntarily or was obtained under duress or through coercion. If it finds that the best interest of the child will be furthered thereby, the court may issue a written order permitting the withdrawal of such consent. Any person attempting to withdraw consent or relinquishment shall file the reasons for withdrawal with the family court. The entry of the interlocutory or final decree of adoption renders any consent or relinquishment irrevocable.
Section 20-7-1730. (a) (A) A petition for adoption shall must be captioned 'In the Matter of the Adoption of ..........' and must be filed in duplicate, verified by the petitioners, petitioner and shall specify:

(1) The the full names, ages name, age, address, and place of residence of the petitioners each petitioner, and, if married, the place and date of the marriage.;

(2) When when the petitioners petitioner acquired, or intend intends to acquire, custody or placement of the child and from what person or agency.;

(3) The the date and place of birth of the child, if known.;

(4) The the name used for the child in the proceeding, and if a change in name is desired, the new name.;

(5) That that it is the desire of the petitioners that petitioner to establish the relationship of parent and child be established between them the petitioner and the child., and that the petitioner is a fit and proper person and able to care for the child and to provide for the child's welfare;

(6) A a full description and statement of value of all real property and of any personal property of value owned or possessed by the child.;

(7) Facts facts, if any, which excuse consent on the part of a parent to the adoption. or which excuse notice of the adoption proceedings to a parent;

(8) facts, if any, which may permit placement with or adoption by nonresidents of this State, pursuant to Section 20-7-1670;

(b) One copy of the petition shall be retained by the court. The other shall be sent to any agency or person participating in the adoption proceeding.

(9) the existence and nature of any prior court orders known to the petitioner which affect the custody, support, or visitation of the child;

(10) the relationship, if any, of each petitioner to the child; and

(11) the name and address of the child placing agency or the person facilitating placement of the child for adoption, if any.
(B) The petition must be filed within thirty days of the date the adoptee is placed for the purpose of adoption in the home of the petitioner.
(c) (C) Any written consent or relinquishment for the purpose of adoption required by this subarticle and subarticle 9 of Article 11 of this chapter may be attached to the petition, or may be filed, after the filing of the petition, Section 20-7-1690 must be filed at the time the adoption petition is filed or with the consent of the court.
(D) Copies of the preplacement and the background investigation reports must be attached to the petition when it is filed with the court. The postplacement investigation report must be completed and filed with the court prior to or at the time of the final hearing on the adoption of the child.
(E) A statement of all payments of money or anything of value made within the past five years or agreed to be made in the future by or on behalf of the petitioner to any person, agency, or organization connected with the adoption must be attached to the petition.
Section 20-7-1732. After the filing of an adoption petition and before any hearing is held, a guardian ad litem must be appointed for the child as in other family court actions.
Section 20-7-1734. (A) Notice of any proceeding initiated pursuant to this Subarticle 7 of Article 11 of Chapter 7 of Title 20 must be given to the persons or agencies specified in subsection (B) of this section, unless the person has given consent or relinquishment or parental rights have been terminated.

(B) The following persons or agencies are entitled to notice as provided in subsection (A) of this section:

(1) any person adjudicated by a court in this State to be the father of the child;

(2) any person or agency required to give consent or relinquishment pursuant to subsections (A) or (B) of Section 20-7-1690 from whom consent or relinquishment cannot be obtained;

(3) the father of the child whose consent or relinquishment is not required pursuant to items (4) or (5) of subsection (A) of Section 20-7-1690;

(4) any person who is recorded on the child's birth certificate as the child's father;

(5) any person who is openly living with the child or the child's mother, or both, at the time the adoption proceeding is initiated, and who is holding himself out to be the child's father;

(6) any person who has been identified as the child's father by the mother in a sworn, written statement; and

(7) any person from whom consent or relinquishment is not required pursuant to item (2) of subsection (A) of Section 20-7-1695.

(C) Persons specified in subsection (B) of this section are not entitled to notice if the child who is the subject of the adoption proceeding was conceived as a result of criminal sexual conduct or incest.

(D) Any person or agency entitled to notice pursuant to this section must be given notice that adoption proceedings have been initiated. Notice must be given in the manner prescribed by law for personal service of summons in civil actions. If notice cannot be effected by personal service, notice may be given by publication or by the manner the court decides will provide notice.

(E) Notice given pursuant to this section must include notice of the following:

(1) Within thirty days of receiving notice the person or agency shall respond in writing by filing with the court in which the adoption is pending notice of intent to contest, intervene, or otherwise respond;

(2) The court must be informed of the person's or agency's current address and of any changes in address during the adoption proceedings; and

(3) Failure to file a response within the required time period constitutes consent to adoption of the child, or in the case of a parent whose consent or relinquishment is not required, failure to timely respond constitutes a forfeiture of all rights to be heard on the matter.

When notice of intent to contest, intervene, or otherwise respond is filed with the court within the required time period, the person or agency must be given an opportunity to appear and to be heard prior to the final hearing.

Petitioners must be notified by the court of notice of intent to contest, intervene, or otherwise respond, and petitioners must also be given the opportunity to be represented or to appear and to be heard at any hearing held relating to the adoption.
Section 20-7-1740. (a) Upon the filing of a petition for adoption the court shall order an investigation to be made by the Children's Bureau of the State of South Carolina, or by a private or public welfare organization having as one of its main purposes the care and placement of children, or by a representative designated by the court and shall further order that a report of such investigation shall be filed with the court by the designated investigator within sixty days from the issuance of the order for investigation, unless time therefor is extended by the court. Such investigation may be dispensed with upon good cause therefor being presented to the court. Such investigation shall include the conditions and antecedents of the child for the purpose of determining whether he is a proper subject for adoption; appropriate inquiry to determine whether the proposed home is a suitable one for the child; and any other circumstances and conditions which may have a bearing on the adoption and of which the court should have knowledge.

(b) The court may order agencies or persons named in subsection (a) of this section, located in one or more counties, to make separate investigations on separate parts of the inquiry as may be appropriate.

(c) The report of such investigation shall become a part of the files in the case and shall contain a definite recommendation for or against the proposed adoption and state reasons therefor.

Provided, that signer of such report and all persons participating in, conducting, or associated with the compiling, separation and filing of such report shall be available for examination and cross-examination by any party to an adoption proceeding concerning the contents and recommendation contained in such report, in complete detail. Prior to the final hearing for adoption of a child, investigations and reports must be completed in accordance with the following:

(a) Prior to the placement of any child by any agency or by any person with a prospective adoptive parent, a preplacement investigation, a background investigation, and reports of these investigations must be completed.

(1) Preplacement investigations shall answer all of the following:

a. whether the home of the prospective adoptive parent is a suitable one for the placement of the child to be adopted;

b. how the emotional maturity, finances, health, relationships, and any other relevant characteristics of the prospective adoptive parent affect the parent's ability to accept, care, and provide the adoptee with an adequate environment as the adoptee matures;

c. whether the prospective adoptive parent has ever been involved in any proceeding concerning allegedly neglected, abandoned, abused, or delinquent children;

d. the race, sex, and age of the adoptee, and whether the child is a suitable child for adoption by the prospective adoptive parent;

e. the reason for the adoptee's placement away from the biological parents of the adoptee;

f. whether the adoptee, if of appropriate age and mental capacity, desires to be adopted;

g. whether placement with the prospective adoptive parent is in the best interests of the adoptee;

h. whether the prospective adoptive parent has completed a course or counseling in preparation for adoption;

i. whether placement of the adoptee with the prospective adoptive parent is approved, and if not approved, a statement of the reasons for not approving the placement; and

j. any other information that is disclosed by the investigation that would be of value to or would assist the court in deciding the case.

(2) If the waiting period for an adoptive placement exceeds one year from the date the preplacement investigation report is completed, the report must be updated at that time and every six months after that time to determine any change in circumstances.

(3) A background information investigation and a report of this investigation may not disclose the identity of the biological parents of the adoptee and shall provide the following:

a. a medical history of the biological family of the adoptee, including parents, siblings, and other family members related to the adoptee including ages, sex, race, and any known genetic, psychological, metabolic, or familiar disorders; and

b. a medical and developmental history of the adoptee.

(b) A postplacement investigation and report of this investigation must be completed after the filing of the adoption petition. Copies of this report must be provided to the adoption petitioner and must be filed with the court at the final hearing on the adoption provided for in Section 20-7-1760. A postplacement investigation and report of this investigation shall:

(1) verify the allegations of the adoption petition and its attachments and of the accounting of disbursements required under Section 20-7-1775;

(2) evaluate the progress of the placement of the adoptee; and

(3) determine whether adoption by the petitioner continues to be in the best interests of the adoptee.

(c) The investigators and all persons participating in, conducting, or associated with the preparation of reports required under this section must be available for examination and cross-examination by any party to an adoption proceeding concerning the contents of and recommendations contained in the reports.
Section 20-7-1750. If the child is related by blood or marriage to one of the petitioners, or is a stepchild of the petitioner, or there has been a trial placement with the adoptive parents deemed satisfactory by the placing agency, or the court finds that the best interests of the child will be furthered thereby, the court, after examination of the report required in Section 20-7-1740, in its discretion, may waive the entry of an interlocutory decree and the waiting period of six months provided in Section 20-7-1760 and grant a final decree of adoption if satisfied that the adoption is for the best interest of the child. Any person conducting an investigation for the adoption of a child, or any person obtaining a consent or relinquishment for the purpose of adoption pursuant to item (3) of subsection (A) of Section 20-7-1705 and Section 20-7-1740 must be certified by the Children's Bureau of the State of South Carolina. The Children's Bureau shall promulgate regulations to provide for the following: certification of investigators; issuance, monitoring, and revocation of certificates; and sanctioning of noncompliance with regulations. Any person certified by the Children's Bureau may charge a fee which may not exceed the reasonable costs of the services rendered. The fee must be approved by the Children's Bureau during the certification process.

The Children's Bureau shall develop, revise, and publish quarterly a directory of persons certified pursuant to this section. A reasonable fee may be charged by the Children's Bureau for copies of this directory.
Section 20-7-1760. Upon examination of the report required in Section 20-7-1740 and after hearing, the court may issue an interlocutory decree giving the care and custody of the child to the petitioners pending the further order of the court. Thereafter, the investigator, agency or its designee shall observe the child in his adoptive home and report in writing to the court within six months on any circumstances or conditions which may have a bearing on the adoption. After six months from the date of the interlocutory decree, the petitioners may apply to the court for a final decree of adoption. The court shall thereupon set a time and place for final hearing. Notice of the time and date of the hearing shall be served on the department, agency or individual making the investigation required in Section 20-7-1740. The investigator shall file with the court a written report of its findings and recommendations and certify that the required investigation has been made since the granting of the interlocutory decree. After hearing on the application, the court may enter a final decree of adoption if satisfied that the adoption is for the best interests of the child. The petitioners and the child need not appear at the final hearing if they were present at the interlocutory hearing unless the court shall otherwise order. (A) The final hearing on the adoption petition must not be held prior to ninety days and no later than six months after the filing of the adoption petition. In the case of a special needs child, the hearing must not be held prior to ninety days and no later than twelve months after the filing of the adoption petition. In its discretion, upon good cause shown, the court may extend the time within which the final hearing on the adoption petition may be held.

(B) Upon satisfactory examination by the court of the record, including the reports required in Section 20-7-1740, and following the final hearing on the adoption petition the court shall issue an order granting the adoption if it finds that:

(1) The adoptee has been in the actual custody of the petitioner for a period of ninety days;

(2) All necessary consents or relinquishments for the purpose of adoption have been obtained;

(3) Notice of the adoption proceeding has been given to all persons entitled to receive notice under Sections 20-7-1690 and 20-7-1734, and any hearing resulting from the notice has been held and handled according to the satisfaction of the court;

(4) The disbursements made and accounted for pursuant to Section 20-7-1775 are reasonable costs for expenses incurred or for fees for services rendered;

(5) The petitioner is a fit and proper person and able to care for the child and to provide for the child's welfare, and the petitioner desires to establish the relationship of parent and child with the adoptee;

(6) The best interests of the adoptee are served by the adoption; and

(7) If the petitioner is a nonresident of this State, the findings pursuant to Section 20-7-1660 are included in the order, and there has been compliance with Subarticle 11 of Article 11 of Chapter 7 of Title 20 (Interstate Compact on the Placement of Children).

(C) The court shall enter its findings in a written decree which shall also include the new name of the adoptee, if appropriate, and may not include any other name by which the adoptee has been known or the names of the biological or presumed parents of the adoptee. The final adoption decree shall order what effect, if any, the adoption has on the legal rights and responsibilities of the adoptee's biological parents, that the adoptee is the child of the petitioner, and that the adoptee must be accorded the status provided for in Section 20-7-1770.
Section 20-7-1770. (a) (A) After the final decree of adoption is entered, the relation relationship of parent and child and all the rights, duties, and other legal consequences of the natural relation relationship of child parent and parent shall thereafter child exist between such adopted child and the adoptee, the person adopting such child adoptive parent, and the kindred of the adoptive parents parent. From the date the final decree of adoption is entered, the adopted child shall be considered a natural child of the adopting parents for all inheritance purposes, both by and from such child, to the exclusion of the natural or blood parents or kin of such child. These rules of inheritance shall also apply to all the parties where one of the natural parents is united in bonds of matrimony to the other adopting parent.

(b) (B) After a final decree of adoption is entered, the natural biological parents of the adopted child, unless they are the adoptive parents, shall be adoptee are relieved of all parental responsibilities for the child and have no rights over such adopted child the adoptee.

(C) From the date the final decree of adoption is entered, the adoptee is considered a natural child of the adoptive parent for all inheritance purposes, both by and from the child, to the exclusion of the biological parents or the family members of the biological parents.

(D) Notwithstanding any other provision to the contrary in this section, the adoption of a child by an adoptive parent does not in any way change the legal relationship between the child and either biological parent of the child whose parental responsibilities and rights are not expressly affected by the final decree.
Section 20-7-1775. (A) At the final hearing on the adoption the petitioner shall file a full, itemized accounting of all disbursements of anything of value made, agreed to be made, or anticipated being made by or on behalf of the petitioner in connection with the adoption. The accounting must be verified by the petitioner under penalty of perjury.

(B) The accounting by the petitioner shall include the following:

(1) dates and amounts of all disbursements made, agreed to be made, or anticipated being made and by whom the disbursements were or are to be made;

(2) the names and addresses of all persons to whom the disbursements were made or are to be made; and

(3) the services received for the disbursements and by whom the services were received.
Section 20-7-1780. (a) (A) Unless the court shall otherwise order orders, all hearings held in proceedings under this subarticle Subarticles 7 and subarticle 9 of Article 11 of this chapter shall be Chapter 7 of Title 20 are confidential and shall must be held in closed court without admittance of any person other than interested parties those persons involved in the proceedings and their counsel.

(b) (B) All papers and records pertaining to the adoption shall and filed with the clerk of court are confidential from the the time of filing and upon entry of the final adoption decree must be sealed and kept as a permanent record of the court and withheld from inspection and filed in the office of the clerk of court of common pleas. No person shall may have access to such the records except on for good cause shown by order of the judge of the court in which the decree of adoption was entered for good cause shown.

(c) (C) All files and records pertaining to the adoption proceedings in the Children's Bureau in of the State of South Carolina, or in the State Department of Social Services of the State of South Carolina, or in any authorized agency, shall be or maintained by any person certified by the Children's Bureau under the provisions of Section 20-7-1750 are confidential and must be withheld from inspection except upon order of court for good cause shown.

(d) (D) The provisions of this section shall must not be construed to prevent any adoption agency from furnishing to adoptive parents, biological parents, or adoptees nonidentifying information when in the sole discretion of the chief executive officer of the agency such the information would serve the best interests of the persons concerned either during the period of placement or at a subsequent time nor shall must the provisions of this subarticle Subarticles 7 and subarticle 9 of Article 11 of this chapter Chapter 7 of Title 20 be construed to prevent giving nonidentifying information to any other person, party, or agency who in the discretion of the chief executive officer of the agency has established a sufficient reason justifying the release of that nonidentifying information. As used in this subsection 'nonidentifying information' may include includes but is not limited to the following:

(1.) the health and medical histories of the biological parents;

(2.) the health and medical history of the child adoptee;

(3.) the child's adoptee's general family background without name references or geographical designations; and

(4.) the length of time the child adoptee has been in the care and custody of the adoptive parents parent.

The release of other nonidentifying information shall be made at the discretion of the chief executive officer of the adoption agency.
Section 20-7-1790. (A.) For each adoption handled through an a child placing agency as defined in Section 20-7-1650, the attorney for the plaintiffs petitioner shall, within fifteen days of the filing of the final decree, transmit to the appropriate agency, a certified copy of the adoption decree and a Certificate of Adoption with Part II completed and verified by the adopting parents, adoptive parent and Part III certified by the clerk of court. The agency shall complete Part I of the Certificate of Adoption and transmit the form to the State Registrar of Vital Statistics within thirty days of the filing of the final decree.

(B.) For other adoptions, the attorney for the plaintiffs petitioner shall complete Parts I and II of the Certificate of Adoption form provided by the State Registrar of Vital Statistics and file with the clerk of court at the time of filing of the final decree. The clerk of court shall certify Part III of the Certificate of Adoption and transmit the form to the State Registrar within thirty days of the filing of the final decree.

(C.) The State Registrar, upon receipt of a certified Certificate of Adoption, shall prepare a supplementary certificate of birth in the new name of the adopted person adoptee, free of any reference to or indication of the fact that the child was adopted, and showing the adoptive parents parent as the real natural parents parent, except that amended certificates for an adoption of an adult shall display the words 'By Adoption' on the face of the amended certificate. The State Registrar shall transmit certified Certificates of Adoption for persons born outside of the this State of South Carolina to the State Registrar in the state of birth.

(D.) The Certificate of Adoption form provided by the State Registrar of Vital Statistics shall must not be used in conjunction with any legal procedure affecting a birth certificate other than adoption.

(E.) The State Registrar shall require the county registrar to return the copy of the original certificate recorded at the county office to the state office to be placed in the special sealed file. Periodically, the State Registrar shall transmit copies of amendatory certificates to the county registrars in the county of birth.
Section 20-7-1800. An appeal shall be is allowed from any final order, judgment, or decree rendered hereunder to the court under this Subarticle 7 of Article 11 of Chapter 7 of Title 20 by any person against whom any such the order, judgment, or decree may be made or who may be affected thereby by the order, judgment, or decree in the manner provided for appeals from such the court in other civil family court matters, and no. No final decree of adoption shall be is subject to collateral attack for any reason after a period of one year following its issuance.
Section 20-7-1810. When the relationship of parent and child has been created by a decree of adoption of a court of any other state or nation, the rights and obligations of the parties as to matters within the jurisdiction of this State shall must be determined by Section 20-7-1770.
Section 20-7-1820. Any person may adopt his spouse's child, and in the adoption of a spouse's child:

(a) No investigation or report required under the provisions of Section 20-7-1740 is required unless otherwise directed by the court;

(b) No accounting by the petitioner of all disbursements required under the provisions of Section 20-7-1775 is required unless the accounting is ordered by the court; and

(c) Upon good cause shown, the court may waive the requirement, pursuant to Section 20-7-1760, that the final hearing must not be held prior to ninety days after the filing of the adoption petition.
Section 20-7-1825. An adult person may be adopted by any other adult person with the consent of the person to be adopted or his guardian, and with the consent of the spouse, if any, of a sole adoptive parent, filed in writing with the court. Although consent of the adoptee's biological parents is not required, it is necessary to provide notice to the biological parents that adoption proceedings have been initiated and to provide the biological parents an opportunity to be heard on the adoption. Notice must be given in the manner prescribed by law for personal service of summons in civil actions. If notice cannot be effected by personal service, notice may be given by publication or by the manner the court decides will provide notice.

The provisions of Sections 20-7-1650 20-7-1647 through 20-7-1770 shall 20-7-1760 do not apply to the adoption of an adult person. A petition therefor shall for the adoption of an adult person must be filed with the court of common pleas, or a family court having concurrent jurisdiction, in the county where the adoptive parents reside parent resides. After a hearing on the petition, and after such investigations as the court deems considers advisable, if the court finds that it is to in the best interests of the persons involved, a decree of adoption may be entered which shall have has the legal consequences stated in Section 20-7-1770."
SECTION 3. Sections 20-7-1830 through 20-7-1890 of the 1976 Code are repealed.
SECTION 4. This act shall take effect six months after approval by the Governor, except adoption proceedings in progress and not completed before the effective date of this act must be carried to conclusion pursuant to the provisions of Subarticle 7 of Article 11 of Chapter 7 of Title 20 of the 1976 Code, as the provisions existed prior to amendment by this act, unless the proceedings are otherwise revised by the family court to conform to the provisions of this act./

Amend title to conform.

Rep. WILKINS explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1.

SPECIAL ORDERS INSISTED UPON

Rep. TOAL insisted upon the Special Orders of the day.

POINT OF ORDER

Rep. AYDLETTE raised the Point of Order that Rep. TOAL's insistence on the Special Order was out of order as the Resolution setting the Bill for Special Order specified the time for consideration after the conclusion of the Withdrawal of Objections period on the Calendar.

The SPEAKER Pro Tempore sustained the Point of Order and announced the time had arrived for the Withdrawal of Objections period.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 5, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3259:

H. 3259 -- Rep. Schwartz: A CONCURRENT RESOLUTION TO AUTHORIZE MIDLANDS AREA ACADEMIC COMPETITION STEERING COMMITTEE TO USE THE SENATE AND HOUSE CHAMBERS ON SATURDAY, FEBRUARY 8, 1986, FROM 9:00 A.M. TO 5:00 P.M..
and asks for a committee of Conference and has appointed Senators Thomas E. Smith, Jr., Setzler and Courson of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 11

Received as information.

H. 3259--RECONSIDERED AND CONCURRENCE
IN SENATE AMENDMENTS

Rep. SCHWARTZ moved to reconsider the vote whereby the House rejected the motion to concur in the Senate amendments to the following Bill which was agreed to.

H. 3259 -- Rep. Schwartz: A CONCURRENT RESOLUTION TO AUTHORIZE MIDLANDS AREA ACADEMIC COMPETITION STEERING COMMITTEE TO USE THE SENATE AND HOUSE CHAMBERS ON SATURDAY, FEBRUARY 8, 1986, FROM 9:00 A.M. TO 5:00 P.M..

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

H. 3428--ORDERED TO BE READ
THE NEXT TWO SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. LIMEHOUSE, with unanimous consent, it was ordered that the following Bill be amended, and read the second and third times the next two successive legislative days.

H. 3428 -- Rep. Limehouse: A BILL TO ABOLISH THE OFFICE OF DORCHESTER COUNTY SUPERINTENDENT OF EDUCATION AND DEVOLVE THE DUTIES OF THIS OFFICE UPON THE DORCHESTER COUNTY BOARD OF EDUCATION.

H. 2287--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the passage of the Bill.

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. P. BRADLEY proposed the following Amendment No. 17 (Doc. No. 1381R), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Any election held under the provisions of Chapter 3 of Title 5 of the 1976 Code to annex a specific area may not be held more frequently than once annually./
Renumber sections to conform
Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. SHEHEEN, TOAL and FREEMAN proposed the following Amendment No. 18 (Doc. No. 1685R), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/Section ____. Any freeholder whose property is annexed under the provisions of this act is only liable for those municipal taxes, calculated on a prorata basis, for the number of days for which his property is part of the annexing municipality./
Renumber sections to conform.
Amend title to conform.

Rep. SHEHEEN explained the amendment.

Rep. J. BRADLEY moved to table the amendment which was not agreed to.

Rep. J. BRADLEY spoke against the amendment.

Rep. TOAL asked unanimous consent to amend the amendment by striking the word "freeholder" and inserting the word "taxpayer", and by inserting after "is located within the annexed area.", which was agreed to.

The amendment was then adopted.

Reps. FREEMAN, HOLT, TOAL, SHARPE, RUSSELL, HAYES, KLAPMAN and J. HARRIS proposed the following Amendment No. 20 (Doc. No. 1536R), which was adopted.

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) In the event of an annexation of a portion or all of the district by any municipality, the boundary of the district must be redefined so as to exclude that portion of the district annexed to the municipality, and all portions of the district annexed to any municipality must be excluded from the area of the district.

(b) The annexing municipality shall assume and pay annually, on or before December thirty-first of each year, that portion of the bonded indebtedness of the district, determined as of the day of annexation, equal to the percentage of the assessed value of the taxable real estate of the district so annexed to the municipality,

(c) All real property and fixtures, facilities, easements, real holdings, rights-of-way, and improvements to the same, and all public improvements held by the district within the annexed area shall become the property of the annexing municipality.

(d) In the event the cost, including the amount of federal grants, to the district of the property and facilities thus transferred to an annexing municipality exceeds the amount of that portion of the district's indebtedness assumed by the municipality, the municipality shall pay the excess amount to the district within one hundred eighty days.

(e) Services existing at the time of annexation in the area annexed must be provided by the annexing municipality either directly or by contract. The municipality shall pay to the district the full amount of any service charge collected by the municipality from each customer in the area annexed for services provided, and the district shall pay a service charge computed on the same basis to the municipality for each customer in the district for services provided by the municipality.

(f) In the event that any annexing municipality assumes to pay the proportion of the bonded indebtedness provided for in subsection (b) of this section, the auditor and treasurer of the affected county are directed to take such action as may be necessary to remove the levy of district taxes for any purpose on the property annexed to the municipality.

(g) The obligation between the district and its bondholders shall remain undisturbed and if adequate provision is not made for the payment of the principal or interest of the bonded indebtedness of the district, if and when the obligation becomes due and payable, it is the duty of the auditor of the county affected to levy and the treasurer of that county to collect an ad valorem tax without limit as to rate or amount upon all taxable property within the district as it was constituted on the occasion of the issuance of the bonds, sufficient to meet the payment of the principal and interest on them, as such obligations mature. Any holder of any bond of the district may proceed at law or in equity to enforce the provisions hereof."
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."
SECTION 3. Section 5-3-50 of the 1976 Code is amended to read:
"Section 5-3-50. (A) 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."

(B) 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 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. BLACKWELL moved to reconsider the vote whereby amendment No. 20 was adopted.

Rep. TOAL moved to table the motion which was agreed to.

Rep. T.M. BURRISS proposed the following Amendment No. 3 (Doc. No. 3001C), which was tabled.

Amend the bill, as and if amended, line 19 of page 2, Section 5-3-50, as contained in SECTION 1, by adding before /within/ /owning at least fifty percent of the market value of the property/.
Amend further, page 2, by adding after Section 1:
/SECTION 2. The 1976 Code is amended by adding:
"Section 5-3-55. When the procedure for annexation provided in Sections 5-3-150 to 5-3-160 is followed, the market value of all real and personal property of any single freeholder to be annexed, as defined by Section 5-3-240, shall not, at the time of the proposed annexation, exceed twenty-five percent of the market value of the 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 a part of the area proposed to be annexed for the purposes of current annexation elections."/
Amend further, page 4, by adding at the end of Section 5-3-80, as contained in SECTION 7:
/All costs and expenses connected with the annexation election must be borne by the municipality to which the annexation is proposed./
Renumber sections to conform.
Amend title to conform.

Rep. TOAL explained the amendment.

Rep. TOAL moved to table the amendment which was agreed to.

Rep. McTEER proposed the following Amendment No. 4, which was tabled.
Amend as and if amended.

By adding a new section.
Section___:

No election may be held to annex property into a county or municipality unless there is an average density of at least one person per 5 acres of land in the area proposed for annexation.
Amend title to conform.

Rep. TOAL explained the amendment and moved to table the amendment which was agreed to.

Rep. KOON proposed the following Amendment No. 7.
Amend as and if amended.

Any area annexed to an incorporated area shall be under the Sub-Division Regulations of the County for a period of three years in the event a plan is submitted for an approved Sub-Division.
Amend title to conform.

Rep. KOON explained the amendment.

Rep. KOON moved to adjourn debate upon the amendment, which was adopted.

Rep. J. BRADLEY moved that the House do now adjourn.

Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:

Yeas 13; Nays 75

Those who voted in the affirmative are:

Anderson, J.           Aydlette               Blackwell
Blanding               Bradley, J.            Carnell
Fair                   Foxworth               Mattos
McAbee                 Rice                   Simpson
Winstead

Total--13

Those who voted in the negative are:

Schwartz               Anderson, S.           Arthur, J.
Bailey, G.             Bailey, K.             Barfield
Beasley                Boan                   Brown, H.
Brown, R.              Burriss, M.D.          Burriss, T.M.
Chamblee               Cleveland              Cooper
Cork                   Dangerfield            Day
Derrick                Edwards                Faber
Ferguson               Foster                 Gentry
Gilbert                Harris, P.             Harvin
Hayes                  Hearn                  Hendricks, B.
Hendricks, L.          Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Koon                   Lake
Limehouse              Lockemy                Mangum
Martin, D.             Martin, L.             McBride
McEachin               McKay                  McLellan
McLeod                 Mitchell               Moss
Neilson                Nettles                Ogburn
Pearce                 Petty                  Phillips, O.
Rhoad                  Rogers, T.             Sharpe
Sheheen                Shelton                Short
Sturkie                Taylor                 Thrailkill
Toal                   Townsend               Tucker
Washington             White                  Woodruff

Total--75

So the House refused to adjourn.

Rep. CARNELL proposed the following Amendment No. 21 (Doc. No. 1708R), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Any freeholder's property annexed under the provisions of this act may not be taxed for any municipal service which is not being provided to the property after the effective date of the annexation. A municipality may tax the freeholder's property after the effective date of the annexation after the service is provided to the freeholder's property./
Renumber sections to conform.
Amend title to conform.

Rep. CARNELL explained the amendment.

Rep. TOAL moved to table the amendment.

Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:

Yeas 42; Nays 34

Those who voted in the affirmative are:

Schwartz               Anderson, J.           Bailey, G.
Bailey, K.             Barfield               Brown, R.
Cleveland              Cork                   Faber
Ferguson               Foster                 Gilbert
Gregory                Griffin                Harvin
Hayes                  Holt                   Huff
Jones                  Keyserling             Kirsh
Lewis                  Mangum                 Martin, D.
McBride                McKay                  McLellan
Mitchell               Nettles                Pearce
Rawl                   Rhoad                  Rogers, T.
Sharpe                 Sheheen                Shelton
Short                  Taylor                 Toal
Townsend               Washington             Woodruff

Total--42

Those who voted in the negative are:

Alexander              Aydlette               Blackwell
Bradley, J.            Brown, H.              Burriss, M.D.
Carnell                Chamblee               Cooper
Day                    Derrick                Elliott
Fair                   Foxworth               Harris, P.
Hearn                  Hendricks, B.          Johnson, J.C.
Kay                    Kohn                   Koon
Lake                   Limehouse              Lockemy
Martin, L.             Mattos                 McAbee
McLeod                 Moss                   Phillips, L.
Phillips, O.           Rice                   Tucker
Winstead

Total--34

So the amendment was tabled.

Reps. LEWIS and TOAL proposed the following Amendment No. 22 (Doc. No. 1272R), which was adopted.

Amend the bill, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION ___. No provision of this act shall repeal, modify, or abridge any provision of Act 431 of 1984./
Renumber sections to conform.
Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Rep. FELDER proposed the following Amendment No. 2 (Doc. No. 3262C), which was tabled.

Amend the bill, as and if amended, by adding after SECTION 4:
/SECTION 5. The 1976 Code is amended by adding:
"Section 5-3-400. A. For the purpose of this section, (1) 'special purpose district' means any district created by act of the General Assembly prior to March 7, 1973, to which has been committed prior to March 7, 1973, any local governmental power or function; and (2) 'designated service area' means any area in which the particular service is being provided or is budgeted or funds have been applied for as certified by the governing body of the special purpose district.

B. No property located within the designated service area of a special purpose district, including water and sewer authorities, may be annexed without the concurrence of the governing body of the special purpose district; but if the proposed annexation does not result in the duplication by the annexing municipality of services provided by the special purpose district within the designated service area, the concurrence is not required. If, as a result of the proposed annexation, the annexing municipality proposes to assume the functions and obligations of the special purpose district within the designated service area, the governing body of the special purpose district whose functions and obligations are purposed to be assumed shall concur before the assumption occurs and, if the assumption occurs, the annexing municipality shall acquire all powers, properties, contract rights, and functions of the special purpose district and shall assume the liabilities of the special purpose district within the designated service area."/
Renumber remaining sections to conform.
Amend title to conform.

Rep. SHEHEEN moved to table the amendment which was agreed to by a division vote of 52 to 24.

Rep. KOON proposed the following Amendment No. 23, which was adopted.
Amend as and if amended. Any area annexed to an incorporated area shall be regulated by Sub-Division Regulations of the County with respect to roads, water and sewer including boundary requirements for a period of three years in the event a plan is submitted for an approved Sub-Division unless the municipal regulations are more restrictive.

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Rep. BLACKWELL spoke against the Bill.

Rep. HUFF moved that the House do now adjourn.

Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:

Yeas 30; Nays 55

Those who voted in the affirmative are:

Alexander              Anderson, J.           Aydlette
Blackwell              Bradley, J.            Burriss, M.D.
Carnell                Cooper                 Cork
Day                    Fair                   Foxworth
Harris, P.             Hearn                  Huff
Johnson, J.C.          Kay                    Kohn
Koon                   Mattos                 McAbee
Phillips, L.           Phillips, O.           Rice
Simpson                Stoddard               Thrailkill
Townsend               Tucker                 Winstead

Total--30

Those who voted in the negative are:

Schwartz               Anderson, S.           Arthur, J.
Bailey, G.             Bailey, K.             Barfield
Blanding               Boan                   Brown, G.
Brown, H.              Brown, R.              Chamblee
Cleveland              Dangerfield            Derrick
Edwards                Elliott                Faber
Ferguson               Foster                 Gentry
Gilbert                Gordon                 Gregory
Harvin                 Hayes                  Hendricks, B.
Holt                   Johnson, J.W.          Jones
Keyserling             Kirsh                  Klapman
Lake                   Limehouse              Lockemy
Martin, D.             Martin, L.             McBride
McKay                  McLellan               Mitchell
Nettles                Ogburn                 Pearce
Rogers, T.             Sharpe                 Sheheen
Shelton                Short                  Taylor
Toal                   Washington             White
Woodruff

Total--55

So the House refused to adjourn.

Rep. BLACKWELL continued speaking.

Rep. J. BRADLEY moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:

Yeas 27; Nays 53

Those who voted in the affirmative are:

Alexander              Anderson, J.           Aydlette
Barfield               Blackwell              Boan
Bradley, J.            Carnell                Chamblee
Day                    Elliott                Fair
Foxworth               Huff                   Jones
Kay                    Kohn                   Mattos
McAbee                 McKay                  McLeod
Phillips, L.           Rice                   Sharpe
Thrailkill             Townsend               Winstead

Total--27

Those who voted in the negative are:

Schwartz               Anderson, S.           Arthur, J.
Bailey, G.             Bailey, K.             Blanding
Brown, G.              Brown, H.              Brown, R.
Cleveland              Derrick                Edwards
Faber                  Ferguson               Foster
Gentry                 Gordon                 Gregory
Griffin                Harris, P.             Harvin
Hayes                  Hendricks, B.          Holt
Johnson, J.C.          Johnson, J.W.          Keyserling
Kirsh                  Klapman                Koon
Lake                   Lewis                  Limehouse
Lockemy                Martin, L.             McBride
McLellan               Moss                   Neilson
Nettles                Ogburn                 Pearce
Rhoad                  Rogers, T.             Sheheen
Short                  Simpson                Stoddard
Taylor                 Toal                   Tucker
Wilkins                Woodruff

Total--53

So the House refused to continue the Bill.

Rep. BLACKWELL continued speaking.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. JONES a leave of absence for the remainder of the day.

Rep. J. BRADLEY moved that the House do now adjourn.

POINT OF ORDER

Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.

Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:

Yeas 54; Nays 37

Those who voted in the affirmative are:

Alexander              Anderson, J.           Aydlette
Bailey, K.             Blackwell              Blanding
Boan                   Bradley, J.            Brown, H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Cork
Day                    Derrick                Elliott
Fair                   Felder                 Foxworth
Gentry                 Gilbert                Harris, P.
Hawkins                Hearn                  Hendricks, B.
Hendricks, L.          Huff                   Johnson, J.C.
Kay                    Kohn                   Koon
Lake                   Mangum                 Martin, D.
Martin, L.             Mattos                 McAbee
McEachin               McKay                  McLeod
Phillips, L.           Phillips, O.           Rawl
Rhoad                  Rice                   Shelton
Simpson                Thrailkill             Townsend
Tucker                 Washington             Winstead

Total--54

Those who voted in the negative are:

Schwartz               Anderson, S.           Arthur, J.
Bailey, G.             Barfield               Brown, G.
Brown, R.              Dangerfield            Faber
Ferguson               Foster                 Gordon
Gregory                Griffin                Harvin
Hayes                  Holt                   Johnson, J.W.
Keyserling             Kirsh                  Lewis
Limehouse              Lockemy                McBride
McLellan               Moss                   Nettles
Ogburn                 Pearce                 Petty
Rogers, T.             Sharpe                 Sheheen
Short                  Taylor                 Toal
Woodruff

Total--37

So the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. BLACKWELL having the floor.

H. 2674--SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

On motion of Rep. R. BROWN, with unanimous consent, the Senate amendments to the following Bill were taken up for consideration.

H. 2674 -- Reps. R. Brown and McLeod: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EDUCATION OF MARION COUNTY MUST BE ELECTED RATHER THAN APPOINTED AND TO PROVIDE FOR THE MANNER IN WHICH THE MEMBERS ARE ELECTED; TO PROVIDE THAT THE MEMBERS OF THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS OF MARION COUNTY MUST BE ELECTED RATHER THAN APPOINTED AND TO PROVIDE FOR THE MANNER IN WHICH THE TRUSTEES ARE ELECTED; AND TO REPEAL ACT 154 OF 1971 (SECTION 21-3451 OF THE 1962 CODE), RELATING TO THE MARION COUNTY BOARD OF EDUCATION, AND ACT 120 OF 1971 (SECTION 21-3462 OF THE 1962 CODE), RELATING TO THE SCHOOL TRUSTEES IN MARION COUNTY.

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.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3377 -- Rep. Harvin: A CONCURRENT RESOLUTION DESIGNATING NOVEMBER 20, 1986, AS HISTORY DAY IN SOUTH CAROLINA, AND AUTHORIZING THE CONFEDERATION OF SOUTH CAROLINA LOCAL HISTORICAL SOCIETIES TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES ON THAT DAY FOR THE CELEBRATION OF THIS EVENT.

H. 3417 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE HENRY ELMORE OF LEE COUNTY ON BEING THE RECIPIENT OF THE FARMER OF THE YEAR AWARD.

H. 3418 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE EUGENE DAVIS OF LEE COUNTY ON WINNING THE HORACE HAYEDEN MEMORIAL TROPHY AS SOUTH CAROLINA GINNER OF THE YEAR FOR 1985.

H. 3419 -- Reps. Klapman and J.H. Burriss: A CONCURRENT RESOLUTION TO CONGRATULATE BEVERLY D. BRANDES OF LEXINGTON COUNTY UPON HER RECEIPT OF A SPECIAL CITATION FOR DISTINGUISHED SERVICE IN THE RECREATIONAL FIELD FROM THE SOUTH CAROLINA RECREATION AND PARK SOCIETY.

H. 3420 -- Reps. Klapman, Derrick and J.H. Burriss: A CONCURRENT RESOLUTION TO CONGRATULATE CARL M. HUST OF LEXINGTON COUNTY UPON RECEIVING A SPECIAL CITATION FROM THE SOUTH CAROLINA RECREATION AND PARK SOCIETY FOR THE OUTSTANDING CONTRIBUTIONS HE HAS MADE TO THE RECREATION PROFESSION OVER THE PAST THIRTY YEARS.

H. 3421 -- Reps. Klapman, Derrick and J.H. Burriss: A CONCURRENT RESOLUTION TO CONGRATULATE STEVEN GANTT OF LEXINGTON COUNTY UPON BEING NAMED RECREATOR OF THE YEAR BY THE SOUTH CAROLINA RECREATION AND PARK SOCIETY.

H. 3423 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE CITADEL, THE MILITARY COLLEGE OF SOUTH CAROLINA, UPON BEING RECOGNIZED IN U.S. NEWS & WORLD REPORT AS ONE OF AMERICA'S BEST COLLEGES.

H. 3425 -- Rep. J. Anderson: A CONCURRENT RESOLUTION CONGRATULATING THE EDGEFIELD ADVERTISER OF EDGEFIELD COUNTY UPON ITS ONE HUNDRED FIFTY YEARS OF CONTINUED EXISTENCE AS A NEWSPAPER IN SOUTH CAROLINA.

H. 3438 -- Reps. Mangum and Boan: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. J. REECE FUNDERBURK, SR., OF LANCASTER IN LANCASTER COUNTY.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 5, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor by a vote of: Nays 46, Ayes 0

S. 406 -- Senators Waddell, Lourie, Leatherman and Theodore: AN ACT TO REPEAL CHAPTER 11 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POOL AND BILLIARDS.
Very respectfully,
President

Received as information.

ADJOURNMENT

At 5:00 P.M. the House in accordance with the motion of Rep. J. BRADLEY adjourned to meet at 10:00 A.M. tomorrow.

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