Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Keep us ever aware, good Lord, that we represent all kinds of people. Some will not agree with us; others will not try to understand us. Discouragements are bound to come our way, even as we have been so beset in the past. Make us strong enough, our God, to accept every failure as an opportunity to start again, wiser than we were before. May Your presence be sufficient for all our needs. Bind us together in our determination to do our part in making "Your Kingdom come" and that "Your will may be done on earth as it is in heaven".
And to You, our Father, we give all praise and glory. 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. Dangerfield.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. Barfield, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Technical College Commissioners
for reception, January 21, 1986, 6:00 p.m. to 8:00 p.m. at the Town House.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Community Action Agency Executive Directors Association for breakfast, January 22, 1986, 8:00 A.M., Carolina Inn.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. School Boards Association for luncheon, January 22, 1986, 1:30 p.m., Cantey Building, State Fairgrounds.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Governor Riley and Mrs. Riley for a cocktail party, January 22, 1986, following the State Of The State Address, at the Governor's Mansion.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Dental Association for reception, January 28, 1986, 7:00 p.m., Carolina Inn.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of American Medical International, Incorporated for reception, January 29, 1986, 7:00 p.m. to 9:00 p.m., Carolina Inn.
The invitation was accepted.
Rep. Barfield, from the Committee on Invitations, submitted a favorable report, on:
H. 3095 -- Rep. Aydlette: A CONCURRENT RESOLUTION TO INVITE MR. WILLIAM HENDERSON TANNER, JR., OF JAMES ISLAND, WHO DISTINGUISHED HIMSELF IN A JOINT FBI-NAVY COUNTERINTELLIGENCE OPERATION THAT LED TO THE APPREHENSION OF AN EAST GERMAN SPY, TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, JANUARY 22, 1986.
On motion of Rep. Barfield, with unanimous consent, the following Resolution was taken up for immediate consideration.
H. 3095 -- Rep. Aydlette: A CONCURRENT RESOLUTION TO INVITE MR. WILLIAM HENDERSON TANNER, JR., OF JAMES ISLAND, WHO DISTINGUISHED HIMSELF IN A JOINT FBI-NAVY COUNTERINTELLIGENCE OPERATION THAT LED TO THE APPREHENSION OF AN EAST GERMAN SPY, TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, JANUARY 22, 1986.
Be it resolved by the House of Representatives, the Senate concurring:
That Mr. William Henderson Tanner, Jr., of James Island, who distinguished himself in a joint FBI-Navy counterintelligence operation that led to the apprehension of an East German spy, is invited to address a joint session of the General Assembly at 12:00 noon on Wednesday, January 22, 1986.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. Barfield, from the Committee on Invitations, submitted a favorable report, on:
H. 3260 -- Reps. Harvin, Snow and Gordon: A CONCURRENT RESOLUTION INVITING DR. JOSEPH GOLDSTEIN, NOBEL LAUREATE OF DALLAS, TEXAS, AND KINGSTREE, SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, FEBRUARY 5, 1986.
On motion of Rep. Barfield, with unanimous consent, the following Resolution was taken up for immediate consideration.
H. 3260 -- Reps. Harvin, Snow and Gordon: A CONCURRENT RESOLUTION INVITING DR. JOSEPH GOLDSTEIN, NOBEL LAUREATE OF DALLAS, TEXAS, AND KINGSTREE, SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, FEBRUARY 5, 1986.
Whereas, it is with abundant pride and satisfaction that South Carolinians have learned that Dr. Joseph Goldstein, a native son of Kingstree, South Carolina, now residing in Dallas, Texas, has been selected as a recipient of the Nobel prize for his study of the effects of cholesterol in the human body. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That Dr. Joseph Goldstein, Nobel Laureate of Dallas, Texas, and Kingstree, South Carolina, is invited to address the joint assembly in the Hall of the House of Representatives at 12:30 p.m. on Wednesday, February 5, 1986.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 3305 -- Reps. G. Brown, R. Brown, McKay, Gilbert, Washington, Aydlette, Winstead, Foxworth, Gordon, Moss, Koon, Felder, McBride, Derrick, S. Anderson, P. Bradley, Rigdon, K. Bailey, Cork, Faber, G. Bailey, Limehouse, Russell, Rawl, Day, M.D. Burriss, Jones, Sharpe, Freeman, Boan and Mitchell: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT SUITABLE LEGISLATION TO MODIFY THE FIFTY-FIVE MILE-PER-HOUR SPEED LIMIT ON THE INTERSTATE AND MAJOR HIGHWAY SYSTEMS OF THE NATION TO PERMIT A MAXIMUM SPEED OF SEVENTY MILES PER HOUR IN THE DAYTIME AND SIXTY-FIVE MILES PER HOUR IN THE NIGHTTIME.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was taken up for immediate consideration:
H. 3306 -- Reps. Schwartz and Sheheen: A CONCURRENT RESOLUTION INVITING CHIEF JUSTICE JULIUS B. NESS TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12 NOON ON WEDNESDAY, FEBRUARY 26, 1986.
Be it resolved by the House of Representatives, the Senate concurring:
That Chief Justice Julius B. Ness is hereby invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12 noon on Wednesday, February 26, 1986.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3307 -- Reps. Lloyd Hendricks, Derrick, Stoddard, Foxworth, Hawkins, Sturkie, Sharpe, McBride, T.M. Burriss, Foster, Holt, Cork, Lockemy, Huff, Gentry, Waldrop, Klapman, T. Rogers, L. Martin, Kirsh, Harvin, Toal, P. Harris, Barfield, Kay, J. Harris, Russell, Shelton, G. Bailey, L. Phillips, Elliott, Lewis, Griffin, Rice, Woodruff and Jones: A BILL TO AMEND CHAPTER 15 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIL AND RECOGNIZANCES, BY ADDING SECTION 17-15-230 SO AS TO PERMIT A QUALIFIED SURETY COMPANY TO GUARANTEE ARREST BOND CERTIFICATES OFFERED BY AUTOMOBILE CLUBS AND ASSOCIATIONS, TO PROVIDE THE REQUIREMENTS FOR THE SURETY UNDERTAKING, TO REQUIRE THE ACCEPTANCE OF A GUARANTEED ARREST BOND CERTIFICATE FOR NOT MORE THAN FIVE HUNDRED DOLLARS AS A BAIL BOND FOR VIOLATION OF MOTOR VEHICLE LAWS OR ORDINANCES, AND TO PROVIDE FOR THE FORFEITURE AND ENFORCEMENT OF A GUARANTEED ARREST BOND CERTIFICATE.
Referred to Committee on Judiciary.
H. 3308 -- Rep. Rawl: A BILL TO AMEND SECTION 31-3-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE GOVERNING COMMISSION OF THE SOUTH CAROLINA STATE HOUSING AUTHORITY, SO AS TO INCREASE THE NUMBER OF THE GOVERNOR'S APPOINTEES FROM SIX TO SEVEN, AND TO PROVIDE THAT DESIGNATED REPRESENTATIVES OF EX OFFICIO MEMBERS MAY SERVE AS EX OFFICIO COMMISSIONERS RATHER THAN BE DESIGNATED TO REPRESENT EX OFFICIO MEMBERS.
Referred to Committee on Labor, Commerce and Industry.
H. 3309 -- Rep. Rawl: A BILL TO AMEND ACT 76 OF 1977, AS AMENDED, THE "SOUTH CAROLINA STATE HOUSING AUTHORITY ACT OF 1977", SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE "STATE HOUSING AUTHORITY PROGRAM FUND" TO BE ADMINISTERED BY THE STATE HOUSING AUTHORITY, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE USE OF THE MONIES IN THE FUND AND THE INVESTMENT OF CERTAIN PORTIONS OF THESE MONIES.
Referred to Committee on Labor, Commerce and Industry.
H. 3310 -- Reps. Keyserling and White: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EDUCATION OF BEAUFORT COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, AND TO PROVIDE FOR THE MEMBERS' TERMS, VACANCIES, NOTICE OF ELECTION, PETITION, AND PLACEMENT OF NAMES ON THE BALLOT.
Without reference.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gregory Griffin Harris, J. Harris, P. Harvin Hawkins Hearn Helmly Hendricks, B. Hendricks, L. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lake Lewis Limehouse Mangum Marchant Martin, D. Martin, L. Mattos McBride McEachin McKay McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker Waldrop Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on January 16, 1986.
John H. Burriss B.J. Gordon, Jr. James E. Lockemy Warren D. Arthur C.D. Chamblee A.V. Rawl Robert N. McLellan Lenoir Sturkie Tom G. Woodruff
LEAVES OF ABSENCE
The SPEAKER granted Rep. RIGDON a leave of absence for the day to attend a White House Briefing in Washington.
The SPEAKER granted Rep. McABEE a leave of absence for the day due to illness.
Announcement was made that William J. Goudelock from Easley is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3275 -- Reps. Harvin and Griffin: A BILL TO PROVIDE, AMONG OTHER THINGS, THAT PLATS IN CLARENDON COUNTY MUST BE SUBMITTED TO THE TAX ASSESSOR PRIOR TO RECORDING; AND TO REPEAL SECTION 65-1783.2, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT PLATS IN CLARENDON COUNTY BE SUBMITTED TO THE AUDITOR PRIOR TO RECORDING.
On motion of Rep. HARVIN, with unanimous consent, it was ordered that H. 3275 be read the third time tomorrow.
Rep. McTEER moved to adjourn debate upon the following Bill, which was adopted.
H. 3278 -- Rep. McTeer: A BILL TO AMEND SECTION 7-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN HAMPTON COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR CUMMINGS AND BONNETT PRECINCTS.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 2250 -- Rep. McEachin: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF OXYGEN AND THOSE MACHINES USED IN PRODUCING OXYGEN WHEN THE OXYGEN AND MACHINES ARE USED IN THE HOME UPON THE PRESCRIPTION OF A LICENSED PHYSICIAN.
H. 2650 -- Rep. Schwartz: A BILL TO AMEND SECTION 8-11-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF THE PROVISIONS CONCERNING THE STATE PERSONNEL DIVISION OF THE BUDGET AND CONTROL BOARD, SO AS TO INCLUDE IN THE EXEMPTIONS ALL JUDGES WITHIN THE UNIFIED COURT SYSTEM AND ALL OFFICERS AND EMPLOYEES OF THE JUDICIAL DEPARTMENT, INSTEAD OF EXEMPTING ONLY THE SUPREME COURT JUSTICES AND CIRCUIT COURT JUDGES, REFEREES, RECEIVERS, JURORS, AND MASTERS IN EQUITY.
H. 2670 -- Reps. Mangum, Kirsh, Elliott and McTeer: A BILL TO AMEND CHAPTER 3 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TAX COMMISSION, BY ADDING SECTION 12-3-260 SO AS TO AUTHORIZE THE TAX COMMISSION TO CONTRACT FOR COMPUTER AND OTHER ELECTRONIC DATA PROCESSING SERVICES, TO PROHIBIT THE PUBLICATION OR DISCLOSURE OF INFORMATION CONTAINED IN OR PRODUCED FROM ANY TAX RETURN, DOCUMENT, OR TAPE THROUGH THE DATA PROCESSING SERVICES, EXCEPT TO THE COMMISSION OR AS PROVIDED BY LAW OR A COURT ORDER, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.
S. 401 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-975 AND 12-37-980, SO AS TO PERMIT THE FILING OF AMENDED PROPERTY TAX RETURNS AND TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO ACCEPT, FOR GOOD CAUSE, TENTATIVE PROPERTY TAX RETURNS BASED ON ONE HUNDRED PERCENT ESTIMATED VALUE FOR MERCHANTS' INVENTORIES, MACHINES, EQUIPMENT, FURNITURE, FIXTURES, COMMERCIAL BOATS, AND MANUFACTURERS' REAL AND PERSONAL PROPERTY.
S. 402 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO AMEND SECTION 12-3-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR OBTAINING AD VALOREM PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE FOR THE TIME PERIOD OF APPLICATION FOR EXEMPTION FOR OWNERS OF PERSONAL MOTOR VEHICLES OWNED BY RECIPIENTS OF THE MEDAL OF HONOR, PERSONS REQUIRED TO USE WHEELCHAIRS, AND CHURCHES.
The following Bill was taken up.
H. 2733 -- Reps. Foxworth, Blackwell, Simpson, Archibald and D. Martin: A BILL TO AMEND SECTION 57-5-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, REQUIRING A PERMIT FROM THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO OPEN A PRIVATE DRIVEWAY OR SIDE-ROAD ENTRANCE OR EXIT TO A PRIMARY HIGHWAY, SO AS TO REQUIRE A PERMIT TO OPEN AN ENTRANCE OR EXIT TO A SECONDARY HIGHWAY.
Rep. LEWIS proposed the following Amendment No. 2 (Doc. No. 4957C).
Amend the bill, as and if amended, by adding before the quotes at the end of Section 1: /The owner of property which is diminished in value by the department's denial of a permit for a private driveway must be compensated by the department for the diminution in value./
Amend title to conform.
Rep. FOXWORTH explained the amendment.
Rep. FOXWORTH continued speaking.
Reps. GORDON, CLEVELAND, BARFIELD, FABER, LEWIS, WHITE, WASHINGTON and O. PHILLIPS objected to the Bill.
The following Bill was taken up.
H. 2283 -- Reps. Carnell, McAbee, Gulledge, Hughston and Mangum: A BILL TO AMEND SECTION 59-111-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION AT STATE-SUPPORTED COLLEGES, UNIVERSITIES AND TECHNICAL SCHOOLS FOR CHILDREN OF CERTAIN VETERANS WHO HAVE HONORABLY SERVED IN A BRANCH OF THE MILITARY SERVICE OF THE UNITED STATES DURING A WAR PERIOD SO AS TO PROVIDE THAT THIS FREE TUITION MUST ALSO BE GRANTED TO CHILDREN OF THESE VETERANS WHO DIED WHILE IN SERVICE OR FROM A DISEASE OR DISABILITY RESULTING FROM SERVICE REGARDLESS OF WHETHER OR NOT THE VETERAN SERVED DURING A WAR PERIOD.
Rep. LOCKEMY proposed the following Amendment No. 2 which was adopted.
Amended, as and if amended, by adding on line 22 on page 2 the following and removing the period:
"and the disease, disability and/or death is service connected."
Amend to conform.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted.
Rep. CARNELL explained the Bill.
Rep. CARNELL moved to adjourn debate upon the Bill until Tuesday, January 21, which was adopted.
The following Bill was taken up.
H. 2397 -- Reps. Beasley and J. Rogers: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX ASSESSMENT RATIOS FOR PERSONAL PROPERTY, SO AS TO PROVIDE FOR A FIVE PERCENT ASSESSMENT RATIO FOR AIRCRAFT USED EXCLUSIVELY FOR THE APPLICATION OF AGRICULTURAL CHEMICALS.
Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0499R), which was adopted.
Amend the bill, as and if amended, in item (b) of Section 12-43-220 of the 1976 Code, as contained in SECTION 1, by inserting after /aircraft/ on line 10 /licensed by the Federal Aviation Administration as restricted and/.
When amended item (b) shall read:
/(b) All inventories of business establishments shall must be taxed on an assessment equal to six percent of the fair market value of such property and all power driven farm machinery and equipment except motor vehicles registered with the Department of Highways and Public Transportation owned by farmers and used on agricultural lands as defined in this article shall must be taxed on an assessment equal to five percent of the fair market value of such the property; provided, that all other farm machinery and equipment and all livestock and poultry shall be is exempt from ad valorem taxes; provided, that aircraft licensed as restricted by the Federal Aviation Administration and used exclusively for the application of agricultural chemicals must be taxed on an assessment equal to five percent of the fair market value of the aircraft./
Amend title to conform.
Rep. McKAY explained the amendment.
The SPEAKER PRO TEMPORE granted Rep. CHAMBLEE a leave of absence for the remainder of the day.
Rep. McKAY continued speaking.
The amendment was then adopted.
Rep. McKAY explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KEYSERLING moved to adjourn debate upon the following Bill, which was adopted.
H. 2695 -- Reps. Keyserling, Lewis, McLellan, and Lloyd Hendricks: A BILL TO PERMIT TAXPAYERS TO DEFER PAYMENT OF THE STATE INCOME TAX ON TAXABLE INCOME ATTRIBUTABLE TO THE INCREASE IN GROSS INCOME FROM FOREIGN TRADING RECEIPTS, TO DEFINE TERMS RELATING TO THE DEFERRAL, AND TO PROVIDE EXCEPTIONS.
The following Bill was taken up.
H. 3083 -- Reps. Harvin, Blackwell, T. Rogers, White, Pearce, Holt, G. Bailey, McLeod, Gilbert, J. Anderson, L. Phillips, Huff, Elliott, J.W. Johnson, Taylor, Washington, Barfield, Jones, Stoddard, Neilson, McTeer, Mattos, Snow, McBride, J. Harris, Gordon, Woods, Petty, Lake, Ferguson, Altman, Felder, W. Arthur, Cleveland, Bennett, Sheheen, L. Martin, Mitchell, Blanding, Sturkie, Keyserling, Klapman, J. Arthur and O. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-85, SO AS TO PROVIDE THAT IF THE GENERAL APPROPRIATION ACT FOR THE FOLLOWING FISCAL YEAR IS NOT ENACTED BY JUNE 15 OF ANY YEAR, THE APPROPRIATION ACT OF THE THEN CURRENT FISCAL YEAR SHALL CONTINUE IN FORCE UNTIL ANOTHER GENERAL APPROPRIATION ACT IS ENACTED.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill.
The SPEAKER PRO TEMPORE granted Rep. STODDARD a leave of absence to attend a Highway Commission meeting.
Rep. SHEHEEN moved that the House recur to the morning hour, which was agreed to.
The following was taken up for immediate consideration:
H. 3311 -- Reps. Schwartz and S. Anderson: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, RICHARD W. RILEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 22, 1986.
Be it resolved by the House of Representatives, the Senate concurring:
That His Excellency, Richard W. Riley, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 22, 1986, in the Hall of the House of Representatives.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3312 -- Reps. T.M. Burriss, Schwartz, Thrailkill and Beasley: A HOUSE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PURSUE THE PROVISION OF A NONNUCLEAR DEFENSE SYSTEM IN SPACE TO DEFEND THE UNITED STATES AGAINST DELIBERATE OR ACCIDENTAL NUCLEAR ATTACK TO BE DEPLOYED BY THE END OF THIS DECADE.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was taken up for immediate consideration:
H. 3313 -- Rep. G. Bailey: A CONCURRENT RESOLUTION EXPRESSING THE APPROVAL OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE BERKELEY, DORCHESTER, AND CHARLESTON COUNTY FIRE DEPARTMENTS TO SOLICIT FUNDS ALONG THE HIGHWAYS FOR THE MARCH OF DIMES TELERAMA JANUARY 17-19, 1986.
Whereas, the members of the General Assembly have learned that Berkeley, Dorchester, and Charleston County firemen desire to solicit funds along the highways in those counties for the March of Dimes Telerama January 17-19, 1986; and
Whereas, this charitable effort is to be lauded and supported by all the citizens of the Tri-County area; and
Whereas, by law, such solicitations are allowed for other charitable entities on specified days and the members of the General Assembly believe it appropriate that this additional solicitation be permitted; and
Whereas, members of the General Assembly request that law enforcement authorities cooperate with the Tri-County area fire departments in conducting this solicitation. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That members of the General Assembly express approval for the Berkeley, Dorchester, and Charleston County fire departments to solicit funds along the highways for the March of Dimes Telerama January 17-19, 1986.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Walker P. Ragin, Chief Highway Commissioner.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. McTEER moved to adjourn debate upon the following Bill, which was adopted.
H. 3278 -- Rep. McTeer: A BILL TO AMEND SECTION 7-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN HAMPTON COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR CUMMINGS AND BONNETT PRECINCTS.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
H. 2695 -- Reps. Keyserling, Lewis, McLellan and Lloyd Hendricks: A BILL TO PERMIT TAXPAYERS TO DEFER PAYMENT OF THE STATE INCOME TAX ON TAXABLE INCOME ATTRIBUTABLE TO THE INCREASE IN GROSS INCOME FROM FOREIGN TRADING RECEIPTS, TO DEFINE TERMS RELATING TO THE DEFERRAL, AND TO PROVIDE EXCEPTIONS.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 3083 -- Reps. Harvin, Blackwell, T. Rogers, White, Pearce, Holt, G. Bailey, McLeod, Gilbert, J. Anderson, L. Phillips, Huff, Elliott, J.W. Johnson, Taylor, Washington, Barfield, Jones, Stoddard, Neilson, McTeer, Mattos, Snow, McBride, J. Harris, Gordon, Woods, Petty, Lake, Ferguson, Altman, Felder, W. Arthur, Cleveland, Bennett, Sheheen, L. Martin, Mitchell, Blanding, Sturkie, Keyserling, Klapman, J. Arthur and O. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-85, SO AS TO PROVIDE THAT IF THE GENERAL APPROPRIATION ACT FOR THE FOLLOWING FISCAL YEAR IS NOT ENACTED BY JUNE 15 OF ANY YEAR, THE APPROPRIATION ACT OF THE THEN CURRENT FISCAL YEAR SHALL CONTINUE IN FORCE UNTIL ANOTHER GENERAL APPROPRIATION ACT IS ENACTED.
House Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0346R).
Amend the bill, as and if amended, by striking Section 11-9-85 as added in SECTION 1 and inserting:
/"Section 11-9-85. If the General Appropriation Act for the following fiscal year is not enacted by June 15 of any year, the Appropriation Act of the then current fiscal year, not including any supplemental appropriations or any nonrecurring Part I appropriations, shall continue in force until another General Appropriation Act is enacted."/
Amend title to conform.
Rep. KIRSH explained the amendment.
Reps. J. ROGERS and WINSTEAD objected to the Bill.
Rep. HARVIN explained the amendment.
Rep. KIRSH moved to adjourn debate upon the Bill, which was adopted.
Rep. CARNELL moved to adjourn debate upon the following Bill, which was adopted.
S. 277 -- Senator Williams: A BILL TO AMEND SECTION 41-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE PERSONNEL AGENCIES, SO AS TO REQUIRE AN ANNUAL RENEWAL LICENSE FEE OF FIFTY DOLLARS.
The following Bill was taken up.
S. 403 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO AMEND SECTION 12-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE INCOME TAX, SO AS TO DELETE AS AN EXEMPTION FROM NET INCOME THE EXEMPTION FOR A SPECIAL NEEDS CHILD, TO AMEND SECTION 12-7-330, AS AMENDED, RELATING TO EXEMPT ORGANIZATIONS, SO AS TO INCLUDE INSURANCE COMPANIES, TO AMEND SECTION 12-7-560, AS AMENDED, RELATING TO ITEMS OF INCOME NOT INCLUDED IN GROSS INCOME FOR PURPOSES OF STATE INCOME TAX, SO AS TO CLARIFY THE EXCLUSION OF GAIN ON THE SALE OF A TAXPAYER'S PRINCIPAL RESIDENCE; TO AMEND SECTION 12-7-660, AS AMENDED, RELATING TO THE DEFINITIONS OF ADJUSTED GROSS INCOME FOR PURPOSES OF STATE INCOME TAX, SO AS TO EXCLUDE FROM ADJUSTED GROSS INCOME TWO THOUSAND DOLLARS FOR TAXPAYERS ADOPTING A SPECIAL NEEDS CHILD, TO AMEND SECTION 12-7-700, AS AMENDED, RELATING TO DEDUCTIONS IN COMPUTING NET INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE TREATMENT OF RECAPTURE OF DEPRECIATION, TO AMEND SECTION 12-7-710, AS AMENDED, RELATING TO THE OPTIONAL STANDARD DEDUCTION FOR STATE INCOME TAX PURPOSES, SO AS TO CLARIFY THE DEDUCTION; TO AMEND SECTION 12-7-1640, RELATING TO FILING INCOME TAX RETURNS, SO AS TO CLARIFY FILING REQUIREMENTS FOR EXEMPT ORGANIZATIONS, TO AMEND SECTION 12-7-2240, AS AMENDED, RELATING TO TAX REFUNDS, SO AS TO PROVIDE A PROCEDURE FOR A TAXPAYER TO CHALLENGE WITHHOLDING OF A REFUND BECAUSE OF A STUDENT LOAN DEFAULT, TO AMEND SECTION 12-19-20, AS AMENDED, RELATING TO LICENSE FEES OF CORPORATIONS, SO AS TO CLARIFY REPORTING REQUIREMENTS OF EXEMPT ORGANIZATIONS, TO AMEND ARTICLE 19, CHAPTER 21, OF TITLE 12 OF THE 1976 CODE, RELATING TO THE TAX ON X-RATED MOVIES, SO AS TO MOVE TO THE ARTICLE THE PROVISIONS RELATING TO COIN-OPERATED MACHINES AND DEVICES AND OTHER AMUSEMENTS ADMINISTERED BY THE SOUTH CAROLINA TAX COMMISSION, TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1125, SO AS TO EXEMPT INDIVIDUALS RENTING ACCOMMODATIONS TO TRANSIENTS FOR ONE WEEK OR LESS IN A CALENDAR QUARTER FROM OBTAINING RETAIL LICENSES AND TO PRESCRIBE A METHOD FOR THEIR PAYING SALES AND ACCOMMODATIONS TAXES ON RENTALS, AND TO REPEAL CHAPTERS 11 AND 15 OF TITLE 52 OF THE 1976 CODE, RELATING TO POOL, BILLIARDS, AND COIN-OPERATED MACHINES AND DEVICES.
Debate was resumed on Amendment No. 1, which was introduced on Wednesday, January 15, by the Committee on Ways and Means.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill as amended, was read the second time and ordered to third reading.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 403 be read the third time tomorrow.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 404 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO AMEND SECTIONS 12-21-670, 12-21-1710, AS AMENDED, AND 12-21-2440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE LICENSES REQUIRED BY THE SOUTH CAROLINA TAX COMMISSION FROM PERSONS ENGAGED IN PURCHASING, SELLING, OR DISTRIBUTING TOBACCO PRODUCTS FOR PURPOSES OF THE TOBACCO TAX, DISTRIBUTORS AND WHOLESALE DEALERS IN SOFT DRINKS FOR PURPOSES OF THE SOFT DRINK TAX, AND OPERATORS OF PLACES OF AMUSEMENT, FOR PURPOSES OF THE ADMISSIONS TAX, SO AS TO PROVIDE FOR PERMANENT LICENSING AND TO REPEAL SECTION 12-21-1720 RELATING TO ANNUAL PAYMENT OF LICENSES FEES.
Rep. KIRSH explained the Bill.
S. 405 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO REPEAL ARTICLE 15 OF CHAPTER 21 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON MALT AND MALT EXTRACTS.
Rep. KIRSH explained the Bill.
S. 406 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO REPEAL CHAPTER 11 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POOL AND BILLIARDS.
Rep. EVATT explained the Bill.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 404 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 405 be read the third time tomorrow.
On motion of Rep. EVATT, with unanimous consent, it was ordered that S. 406 be read the third time tomorrow.
The following Joint Resolution was taken up.
S. 445 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA TAX COMMISSION, RELATING TO APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 490, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Rep. EVATT explained the Joint Resolution.
Rep. J. BRADLEY moved to adjourn debate upon the Joint Resolution, which was adopted.
Rep. PEARCE moved to adjourn debate upon the following Joint Resolution, which was adopted.
S. 447 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA TAX COMMISSION, RELATING TO GUIDELINES USED TO ARRIVE AT THE INDEX OF TAXPAYING ABILITY FOR SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 489, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
The following Bill was taken up.
S. 452 -- Finance Committee: A BILL TO AMEND SECTION 12-15-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE GROSS ESTATE OF A RESIDENT DECEDENT; TO AMEND SECTION 12-15-60, AS AMENDED, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE TAXABLE ESTATE OF A RESIDENT DECEDENT; TO AMEND SECTION 12-15-250, AS AMENDED, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE TAXABLE ESTATE OF A NONRESIDENT DECEDENT; TO AMEND SECTION 12-15-1540, AS AMENDED, RELATING TO THE LIABILITY OF BENEFICIARIES RECEIVING PROCEEDS OF LIFE INSURANCE POLICIES AND RELATED ITEMS; TO AMEND SECTION 12-15-1550, RELATING TO THE APPLICABILITY OF CERTAIN ESTATE TAX PROVISIONS OF LAW; TO AMEND SECTION 12-17-40, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "TAXABLE GIFTS"; AND TO AMEND SECTION 12-17-44, RELATING TO THE EFFECT THAT CERTAIN DISCLAIMERS OF PROPERTY INTERESTS HAVE UPON THE IMPOSITION OF THE GIFT TAX THEREON, SO AS TO REVISE THESE PROVISIONS FOR THE PURPOSE OF ADOPTING BY REFERENCE FOR STATE OF SOUTH CAROLINA PURPOSES CERTAIN FEDERAL PROVISIONS OF LAW.
Rep. KIRSH proposed the following Amendment No. 1 (Doc. No. 1080R).
Amend the bill, as and if amended, by inserting immediately after line 39, on page 3:
/SECTION 6A. Item (1) contained in the second paragraph of Section 12-15-1560 of the 1976 Code, as added by Section 8 of Act 117 of 1983, is amended to read:
(1) any portion of a checking or savings account up to ten thousand dollars may be transferred upon notification to the Commission of the intent to transfer without its written consent and without regard to the ten-day notice period. Any amount so withdrawn must be included in the gross estate of the decedent if otherwise includable therein as provided by law this chapter;/.
Amend further, by inserting immediately after line 32, on page 4:
/SECTION 7A. Section 12-15-870 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. GENTRY moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
S. 453 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-305 SO AS TO PROVIDE FOR THE PAYMENT OF TAXES, INTEREST, AND PENALTIES WHEN THE VALUATION OF THE PROPERTY TAXED IS APPEALED.
Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0430R), 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 12-43-305. Upon receipt of written notice of appeal of a property valuation and if it is reasonably expected that the appeal may delay the assessment of the property beyond December 31 of the tax year, the assessing officer shall immediately prepare an assessment for the property under appeal based on either the assessed value of the property for the previous year or eighty percent of the assessed value of the property for the current year, whichever is greater. The Auditor shall enter the assessment on the tax duplicate and the tax must be paid as in other cases.
After final administrative review of the appeal, if the valuation is greater than the value of the assessment set by the assessing official in accordance with this section, an assessment must be made and entered based on the difference between the value of the assessment determined by this section and the value settled by the appeal.
If the valuation is less than that set as provided herein, the assessment as entered must be reduced to that determined by the final administrative review. The tax paid on the difference between the assessment as entered and that determined after final administrative review must be refunded.
Interest at the rate of one percent must be added for each month the tax was unpaid because of the appeal and collected in the same manner as the tax.
This section does not apply to personal property registered or licensed with a state agency."
SECTION 2. This act, upon approval by the Governor, is effective for the tax year 1986 and all subsequent tax years./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 453 be read the third time tomorrow.
The following Bill was taken up.
S. 476 -- Senators Dennis, Lindsay and Holland: A BILL TO AMEND SECTIONS 9-1-1010, 9-1-1050, 9-1-1100, 9-1-1110, 9-1-1130, 9-1-1170 AND 9-1-1810, ALL AS AMENDED, AND 9-1-1830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO TRANSFER THE ASSETS OF THE POST-RETIREMENT INCREASE SPECIAL FUND TO THE EMPLOYER ANNUITY ACCUMULATION FUND; AND TO REPEAL SECTION 9-1-1820 RELATING TO THE POST-RETIREMENT INCREASE SPECIAL FUND.
Ways and Means Committee proposed the following Amendment No. 1 (Doc. No.0434R), which was adopted.
Amend the bill, as and if amended, SECTION 7, p. 4, line 30, by striking: / Beginning with the calendar year ending December 31, 1981, all increases in retirement allowances must be granted to those beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. / and inserting: /Beginning with the calendar year ending December 31, 1981, all increases in retirement allowances must be granted to these beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase./
Amend title to conform.
Rep. EVATT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. EVATT, with unanimous consent, it was ordered that S. 476 be read the third time tomorrow.
The following Bill was taken up.
H. 2500 -- Rep. Hearn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 56, SO AS TO REGULATE PRIVATE TRAVEL TRAILER SALES.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0816R), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Item (a) of Section 56-15-10 of the 1976 Code, as last amended by Section 2 of Act 511 of 1984, is further amended to read:
"(a) 'Motor vehicle', any motor driven vehicle or any vehicle or device which may be defined as a camper, travel trailer, recreational vehicle or fifth wheel, suitable for towing behind a passenger car or a pickup truck and intended for recreational use required to be registered under Section 56-3-110. This definition does not include motorcycles."
SECTION 2. Item (h) of Section 56-15-10 of the 1976 Code, as last amended by Act 118 of 1983, is further amended to read:
"(h) 'Dealer' or 'motor vehicle dealer', any person who sells or attempts to effect the sale of any motor vehicle. These terms do not include:
(1) distributors or wholesalers.
(2) receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the judgment or order of any court.
(3) public officers while performing their official duties.
(4) persons disposing of motor vehicles titled in their own name and acquired for their own use and so used in good faith and not for the purpose of avoiding the provisions of law. Any person who effects or attempts to effect the sale of more than five three motor vehicles in any one calendar year is considered a dealer or wholesaler, as appropriate, for purposes of this chapter.
(5) finance companies or other financial institutions who sell repossessed motor vehicles and insurance companies who sell motor vehicles they own as an incident to payments made under policies of insurance."
SECTION 3. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. HEARN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that H. 2500 be read the third time tomorrow.
Further proceedings were interrupted by expiration of time on the uncontested calendar.
Rep. J. ROGERS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3314 -- Reps. Barfield, Elliott, Pearce and Thrailkill: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE J. EUGENE ALTMAN, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FROM HORRY COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 3315 -- Reps. Beasley, Day, O. Phillips, Barfield, Fair, L. Martin, Hearn, Evatt, Cooper, Townsend, Alexander and M.D. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2935 SO AS TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR A VIOLATION OF SECTION 56-5-2930 (DUI); AND TO AMEND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING THE TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, AND TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED.
Referred to Committee on Education and Public Works.
Rep. KIRSH moved to adjourn debate upon the following bill, which was adopted.
H. 3278 -- Rep. McTeer: A BILL TO AMEND SECTION 7-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN HAMPTON COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR CUMMINGS AND BONNETT PRECINCTS.
Rep. KIRSH moved to adjourn debate upon the following bill, which was adopted.
H. 2695 -- Reps. Keyserling, Lewis, McLellan and Lloyd Hendricks: A BILL TO PERMIT TAXPAYERS TO DEFER PAYMENT OF THE STATE INCOME TAX ON TAXABLE INCOME ATTRIBUTABLE TO THE INCREASE IN GROSS INCOME FROM FOREIGN TRADING RECEIPTS, TO DEFINE TERMS RELATING TO THE DEFERRAL, AND TO PROVIDE EXCEPTIONS.
Rep. SHEHEEN moved to adjourn debate upon the following Bill, which was adopted.
H. 3083 -- Reps. Harvin, Blackwell, T. Rogers, White, Pearce, Holt, G. Bailey, McLeod, Gilbert, J. Anderson, L. Phillips, Huff, Elliott, J.W. Johnson, Taylor, Washington, Barfield, Jones, Stoddard, Neilson, McTeer, Mattos, Snow, McBride, J. Harris, Gordon, Woods, Petty, Lake, Ferguson, Altman, Felder, W. Arthur, Cleveland, Bennett, Sheheen, L. Martin, Mitchell, Blanding, Sturkie, Keyserling, Klapman, J. Arthur and O. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-85, SO AS TO PROVIDE THAT IF THE GENERAL APPROPRIATION ACT FOR THE FOLLOWING FISCAL YEAR IS NOT ENACTED BY JUNE 15 OF ANY YEAR, THE APPROPRIATION ACT OF THE THEN CURRENT FISCAL YEAR SHALL CONTINUE IN FORCE UNTIL ANOTHER GENERAL APPROPRIATION ACT IS ENACTED.
Rep. CARNELL moved to adjourn debate upon the following bill, which was adopted.
S. 277 -- Senator Williams: A BILL TO AMEND SECTION 41-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE PERSONNEL AGENCIES, SO AS TO REQUIRE AN ANNUAL RENEWAL LICENSE FEE OF FIFTY DOLLARS.
Rep. EVATT moved to adjourn debate upon the following Joint Resolution, which was adopted.
S. 445 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA TAX COMMISSION, RELATING TO APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 490, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Rep. PEARCE moved to adjourn debate upon the following Joint Resolution, which was adopted.
S. 447 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA TAX COMMISSION, RELATING TO GUIDELINES USED TO ARRIVE AT THE INDEX OF TAXPAYING ABILITY FOR SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 489, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Rep. PEARCE moved to adjourn debate upon the following Bill, which was adopted.
S. 452 -- Finance Committee: A BILL TO AMEND SECTION 12-15-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE GROSS ESTATE OF A RESIDENT DECEDENT; TO AMEND SECTION 12-15-60, AS AMENDED, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE TAXABLE ESTATE OF A RESIDENT DECEDENT; TO AMEND SECTION 12-15-250, AS AMENDED, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE TAXABLE ESTATE OF A NONRESIDENT DECEDENT; TO AMEND SECTION 12-15-1540, AS AMENDED, RELATING TO THE LIABILITY OF BENEFICIARIES RECEIVING PROCEEDS OF LIFE INSURANCE POLICIES AND RELATED ITEMS; TO AMEND SECTION 12-15-1550, RELATING TO THE APPLICABILITY OF CERTAIN ESTATE TAX PROVISIONS OF LAW; TO AMEND SECTION 12-17-40, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "TAXABLE GIFTS"; AND TO AMEND SECTION 12-17-44, RELATING TO THE EFFECT THAT CERTAIN DISCLAIMERS OF PROPERTY INTERESTS HAVE UPON THE IMPOSITION OF THE GIFT TAX THEREON, SO AS TO REVISE THESE PROVISIONS FOR THE PURPOSE OF ADOPTING BY REFERENCE FOR STATE OF SOUTH CAROLINA PURPOSES CERTAIN FEDERAL PROVISIONS OF LAW.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3091 -- Rep. Woodruff: A BILL TO AMEND SECTION 51-3-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF STATE PARK FACILITIES WITHOUT CHARGE BY DISABLED PERSONS SO AS TO PROVIDE THAT AN IDENTIFICATION CARD ISSUED BY THE COUNTY VETERANS AFFAIRS OFFICER STATING THE VETERAN TO WHOM IT IS ISSUED IS PERMANENTLY AND TOTALLY DISABLED MAY BE USED TO TAKE ADVANTAGE OF THE BENEFITS AT THE PARK FACILITIES INSTEAD OF A CERTIFICATE FROM THE VETERANS ADMINISTRATION.
H. 3092 -- Rep. McLellan: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SYNTRIC, INC.
H. 2661 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-13-1189, CODE OF LAWS OF SOUTH CAROLINA, 1976, PROHIBITING POSSESSION OF GAME FISH AND GAME FISH TACKLE WHEN FISHING WITH NONGAME TACKLE, SO AS TO PROVIDE THAT THE PROHIBITION DOES NOT APPLY WHEN THE NONGAME FISH TACKLE IS BOWS AND ARROWS OR CAST NETS.
H. 2860 -- Rep. Snow: A BILL TO AMEND SECTIONS 46-1-10 AND 46-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE DEFINITIONS, SO AS TO DEFINE "AQUACULTURE" AND "DOMESTICATED AQUATIC ORGANISM" AND ADD AQUACULTURE TO THE DEFINITION OF "AGRICULTURAL COMMODITY".
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 3091 be read the third time tomorrow.
On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 3092 be read the third time tomorrow.
Rep. PEARCE asked unanimous consent that H. 2661 be read a third time tomorrow.
Rep. KLAPMAN objected.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 2860 be read the third time tomorrow.
The following Bill was taken up.
H. 2813 -- Reps. Stoddard, Williams, Dangerfield, Harvin, Rhoad, Cork, Altman, Shelton, Pearce, B.L. Hendricks and Bennett: A BILL TO AMEND SECTIONS 12-27-230, 12-27-240, 12-27-380, 12-27-400, 12-27-510, 12-27-520, 12-29-150, 12-29-310, 12-31-410, AND 12-31-450, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GASOLINE AND OTHER MOTOR FUEL TAXES, SO AS TO INCREASE THE TAXES, MAKE TAX CREDIT ADJUSTMENTS, AND TO CHANGE THE DISTRIBUTION OF THE TAX REVENUE.
Reps. TOAL, T. ROGERS, BEASLEY, HOLT, CLEVELAND, KIRSH, MOSS, WILKINS, DAVENPORT, G. BROWN, P. BRADLEY and FAIR objected to the Bill.
The following Bill was taken up.
H. 3106 -- Rep. Shelton: A BILL TO AMEND SECTION 56-3-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR, AMONG OTHER THINGS, REPLACEMENT VEHICLE LICENSE PLATES AND REPLACEMENT REVALIDATION STICKERS, SO AS TO PROVIDE THAT THE FEE FOR EVERY REPLACEMENT LICENSE PLATE OR REVALIDATION STICKER MUST BE IN AN AMOUNT EQUAL TO THE ORIGINAL FEE LESS AN AMOUNT WHICH IS PROPORTIONATE AND EQUIVALENT TO THE LENGTH OF TIME WHICH HAS ALREADY EXPIRED IN THE LICENSING AND REGISTRATION PERIOD, PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY NOT REQUIRE PROOF OF THE PAYMENT OF TAXES IN THIS INSTANCE, AND DELETE CERTAIN PROVISIONS.
Rep. AYDLETTE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 3186 -- Reps. Evatt, Beasley and Wilkins: A BILL TO AMEND SECTION 20-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CHILDREN'S CODE, SO AS TO ADD THE DEFINITIONS OF "CHILD CARING FACILITY", "FOSTER HOME", AND "RESIDENTIAL GROUP CARE HOME", AND BY ADDING SUBARTICLE 4 TO ARTICLE 13 OF CHAPTER 7 OF TITLE 20 SO AS TO ESTABLISH A FOSTER CARE REVIEW BOARD SYSTEM FOR CHILDREN.
Rep. T. ROGERS explained the Bill.
The Bill was read the second time and ordered to third reading.
On motion of Rep. EVATT, with unanimous consent, it was ordered that H. 3186 be read the third time tomorrow.
The SPEAKER PRO TEMPORE granted Rep. McLELLAN a leave of absence for the remainder of the day.
On motion of Rep. T. ROGERS, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3286 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CHILDREN'S FOSTER CARE REVIEW BOARD, RELATING TO CASE REVIEWS, DESIGNATED AS REGULATION DOCUMENT NUMBER 643, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
The Bill was read the second time and ordered to third reading.
On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that H. 3286 be read the third time tomorrow.
Rep. BARFIELD asked unanimous consent to withdraw his objection to S. 153.
Rep. J. BRADLEY objected.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3276 -- Rep. P. Bradley: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LIBBY'S IMPRESSIONS OF GREENVILLE, LTD.
H. 3277 -- Rep. D. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHARLESTON BEARS ATHLETIC CLUB.
Rep. TOAL inquired what changes could be made in the procedures of handling Bills which reference regulations of State agencies without having to change the Rules of the House. Rep. TOAL requested that the Legislative Council print the full text of the regulations in the Bill proposing approval of the Regulations, as opposed to the current practice of referencing a document number in the State Register. Rep. TOAL further inquired whether the current method of drafting the Bills proposing approval of Regulations was proper.
Rep. KIRSH inquired whether a printed summary of the Regulations would be sufficient for the use of the Members.
The SPEAKER PRO TEMPORE stated that he and the SPEAKER would meet with the Legislative Council and ask that they print the Regulations and place them on the members' desks.
H. 3280 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX (INFORMATION ASSESSORS SHALL FURNISH TO COMMISSION), DESIGNATED AS REGULATION DOCUMENT NUMBER 509, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Rep. KIRSH explained the Joint Resolution.
H. 3281 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO INCOME TAX CREDITS FOR THE INSTALLATION AND COSTS OF QUALIFYING ENERGY SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 510, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Rep. KEYSERLING explained the Joint Resolution.
H. 3298 -- Reps. Toal and Sheheen: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-45 SO AS TO PROVIDE THAT THE DIVISION IS AUTHORIZED TO ACCEPT FINGERPRINTS OF APPLICANTS FOR ADMISSION TO THE SOUTH CAROLINA BAR AND, TO THE EXTENT PROVIDED FOR BY FEDERAL LAW, TO EXCHANGE STATE, MULTISTATE, AND FEDERAL CRIMINAL HISTORY RECORDS WITH THE SOUTH CAROLINA BOARD OF LAW EXAMINERS FOR LICENSING PURPOSES.
H. 3303 -- Reps. Holt, Kirsh, Lloyd Hendricks and Klapman: A BILL TO AMEND SECTION 51-13-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO ADD TWO MEMBERS TO THE AUTHORITY, ONE FROM THE WAYS AND MEANS COMMITTEE, TO BE APPOINTED BY ITS CHAIRMAN AND ONE FROM THE SENATE FINANCE COMMITTEE, TO BE APPOINTED BY ITS CHAIRMAN, BOTH TO SERVE FOR TERMS OF TWO YEARS.
On motion of Rep. P. BRADLEY, with unanimous consent, it was ordered that H. 3276 be read the third time tomorrow.
On motion of Rep. D. MARTIN, with unanimous consent, it was ordered that H. 3277 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3280 be read the third time tomorrow.
On motion of Rep. KEYSERLING, with unanimous consent, it was ordered that H. 3281 be read the third time tomorrow.
The following Bill was taken up.
H. 3279 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE FUNDS FOR PRISON CONSTRUCTION AND RENOVATIONS REQUIRED BY THE NELSON SETTLEMENT, TO PROVIDE THAT A COMBINATION OF CAPITAL FUND MONIES AND GENERAL OBLIGATION BONDS MUST BE USED FOR THE FUNDS, AND TO REQUIRE THE FUNDS TO BE RELEASED PURSUANT TO THE NELSON SETTLEMENT DEADLINES; TO AMEND SECTION 11-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE BONDS AND THE LIMITATION OF GENERAL REVENUES WHICH CAN BE USED FOR DEBT SERVICE, SO AS TO DELETE THE PROVISION REQUIRING THE LIMITATION TO DECREASE EACH FISCAL YEAR AND TO REQUIRE THE DEBT SERVICE EXPENDITURES FOR GENERAL OBLIGATION BONDS TO BE NO MORE THAN TWO AND ONE-HALF PERCENT OF THE GENERAL FUND OF THE PRIOR FISCAL YEAR BY FISCAL YEAR 1992-93; TO AMEND SECTION 11-11-310, AS AMENDED, RELATING TO LIMITATIONS ON ANNUAL APPROPRIATIONS, SO AS TO DELETE THE PROVISION AUTHORIZING REVENUES IN THE CAPITAL EXPENDITURE FUND TO BE APPROPRIATED FOR RETIRING BONDED INDEBTEDNESS OR FOR AVOIDING THE ISSUANCE OF BONDS AND TO REQUIRE THE REVENUE GENERATED FROM THE TWO AND ONE-HALF PERCENT CAPITAL EXPENDITURE FUND TO BE APPLIED TOWARD PRISON CONSTRUCTION WITH ANY EXCESS REVENUE TO BE USED TO FINANCE PROJECTS AUTHORIZED BY THE GENERAL ASSEMBLY; AND TO REQUIRE CAPITAL IMPROVEMENT PROJECTS TO BE SCHEDULED FOR FINANCING ACCORDING TO PRIORITY AS DETERMINED BY THE JOINT BOND REVIEW COMMITTEE.
Rep. TOAL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER PRO TEMPORE sustained the Point of Order.
The following Bill was taken up.
H. 3282 -- Ways and Means Committee: A BILL TO PERMIT TAXPAYERS TO DEFER PAYMENT OF THE STATE INCOME TAX ON TAXABLE INCOME ATTRIBUTABLE TO THE INCREASE IN GROSS INCOME FROM FOREIGN TRADING RECEIPTS, TO PROVIDE TERMS FOR REPAYMENT OF THE DEFERRED TAXES, TO DEFINE TERMS RELATING TO THE DEFERRAL, AND TO PROVIDE EXCEPTIONS.
Rep. KEYSERLING explained the Bill.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER PRO TEMPORE sustained the Point of Order.
The following Bill was taken up.
H. 3283 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS, TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE; TO REQUIRE MONIES PREVIOUSLY AUTHORIZED FOR PARKS, RECREATION AND TOURISM BE EXPENDED ON IMPROVEMENTS AT MYRTLE BEACH INSTEAD OF ON A SWIMMING POOL; TO REALLOCATE MONIES PREVIOUSLY AUTHORIZED FOR THE MUSEUM COMMISSION TO THE BUDGET AND CONTROL BOARD FOR THE MOUNT VERNON MILL SITE DEVELOPMENT; TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF MENTAL HEALTH TO FINANCE VARIOUS PROJECTS FROM SURPLUS PAYING PATIENT FEE DEBT SERVICE FUNDS; TO REQUIRE THE JOINT BOND REVIEW COMMITTEE TO SCHEDULE THE AUTHORIZATIONS, AS PROVIDED IN THIS ACT, INTO THE STATEWIDE CAPITAL IMPROVEMENTS PRIORITY SCHEDULE; AND TO AMEND ACT 194 OF 1979, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF WINTHROP COLLEGE TO DEFINE PAID ADMISSIONS BY WRITTEN POLICY WITH AN EXCEPTION, AND TO DELETE THE AUTHORITY OF THE COLLEGE TO LEVY AN ADMISSIONS FEE.
Rep. L. MARTIN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER PRO TEMPORE sustained the Point of Order.
The following Bill was taken up.
H. 3284 -- Ways and Means Committee: A BILL TO AMEND SECTION 44-6-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE FUND, SO AS TO REPLACE PER CAPITA INCOME WITH PERSONAL INCOME AS ONE OF THE FACTORS WHICH MUST BE USED IN COMPUTING EACH COUNTY'S ASSESSMENT TO THE FUND, TO SPECIFY, FOR FISCAL YEAR 1985-86 ONLY, THE AMOUNT OF EACH COUNTY'S CONTRIBUTION TO THE FUND, AND TO MAKE THE PROVISIONS OF THIS ACT RETROACTIVE TO THE EFFECTIVE DATE OF SECTION 19 OF PART II OF ACT 201 OF 1985.
Rep. GENTRY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER PRO TEMPORE sustained the Point of Order.
Reps. AYDLETTE, J. BRADLEY and MOSS withdrew their objections to the following Bill.
H. 2582 -- Rep. Davenport: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO SELL ANY SUBSTANCE OR MATERIAL FOR USE UPON THE WINDSHIELD OR WINDOW GLASS OF A MOTOR VEHICLE THAT WOULD RENDER THE WINDSHIELD OR WINDOW GLASS TO BE IN NONCOMPLIANCE WITH FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 205, TO MAKE IT UNLAWFUL FOR ANY PERSON TO INSTALL A WINDSHIELD OR WINDOW GLASS IN A MOTOR VEHICLE OR PLACE ANY SUBSTANCE OR MATERIAL UPON ANY WINDSHIELD OR WINDOW GLASS THAT WOULD REDUCE LIGHT TRANSMITTANCE MORE THAN THIRTY PERCENT OR THAT PRODUCES A MIRROR OR METALLIC APPEARANCE WHEN VIEWED BY A PERSON OUTSIDE THE VEHICLE, TO MAKE IT UNLAWFUL FOR A VEHICLE SO EQUIPPED TO BE OPERATED, AND TO PROVIDE PENALTIES.
Rep. BLACKWELL raised the Point of Order that the withdrawal of objections from H. 2582 should bring about consideration of the Bill if there was time remaining on the Uncontested Calendar.
Rep. TOAL argued that it would if the House was still in the Second Reading Uncontested portion of the Calendar, but as the House had moved on to the Withdrawal of Objections period it was not proper to bring the Bill up for consideration. Rep. TOAL further stated that each portion of the Calendar was a separate and distinct entity, therefore the House was not obligated to consider Bills which have become uncontested by withdrawal of objections.
Rep. T. ROGERS stated that the custom of the House had been to take up Bills which had become uncontested by virtue of the withdrawal of objections, if and only if there was time remaining on the Uncontested Calendar period.
The SPEAKER PRO TEMPORE called Rule 5.17 to Rep. TOAL's attention and stated that the rule called for, upon the withdrawal of objections from the Bill, "such bill or resolution shall then receive immediate consideration", and sustained Rep. BLACKWELL's Point of Order, with the provision that there is time remaining in the Uncontested Period."
Rep. WINSTEAD stated that Rule 5.17 makes no distinction about time remaining for the Uncontested Calendar, but provides that the Bill shall be taken up for immediate consideration.
The SPEAKER PRO TEMPORE stated that in reference to the Rules changes made in 1982, providing for a time limit for the Uncontested Calendar, his ruling would stand.
Rep. EVATT moved to adjourn debate upon the Bill, which was adopted.
Reps. BARFIELD and WALDROP withdrew their objections to the following Bill whereupon an objection was raised by Rep. T. ROGERS.
S. 153 -- Senators Leatherman, McConnell, Ravenel, McGill, Moore, Garrison, Peeler, Thomas, Courson and Drummond: A BILL TO AMEND SECTIONS 15-3-640, 15-3-660, 15-3-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS AGAINST ARCHITECTS, CONSTRUCTION MANAGERS, PROFESSIONAL ENGINEERS, OR CONTRACTORS FOR IMPROPER OR NEGLIGENT IMPROVEMENTS TO REAL PROPERTY, SO AS TO SPECIFICALLY DESCRIBE ACTIONS BASED UPON OR ARISING OUT OF THE DEFECTIVE OR UNSAFE CONDITIONS OF AN IMPROVEMENT TO REAL PROPERTY WHICH MUST BE BROUGHT NO LATER THAN TEN YEARS AFTER COMPLETION; TO CREATE AN OUTSIDE LIMITATION OF TEN YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT WITHIN WHICH NORMAL STATUTES OF LIMITATIONS CONTINUE TO RUN; TO CORRECT AN INACCURATE CITATION; TO PROVIDE THAT A DEFENSE OF STATUTES OF LIMITATIONS SHALL NOT BE AVAILABLE TO OWNERS OF REAL PROPERTY OR TO PERSONS IN POSSESSION OR CONTROL THEREOF WHO HAVE KNOWLEDGE OR SHOULD HAVE HAD KNOWLEDGE OF THE DEFICIENCY IN SUCH PROPERTY OR TO PERSONS GUILTY OF FRAUD; TO PROVIDE THAT NO CAUSE OF ACTION NOT HERETOFORE EXISTING IS CREATED BY THIS ACT NOR DOES IT BAR ANY EXISTING CAUSE OF ACTION; AND TO REPEAL SECTION 15-3-650 RELATING TO ACTIONS AGAINST ARCHITECTS, PROFESSIONAL ENGINEERS, OR CONTRACTORS THAT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE OF INJURY.
Upon the withdrawal of objections by Reps. WINSTEAD and J. BRADLEY the following Bill was taken up.
H. 2209 -- Reps. Cork, Aydlette, W. Arthur, Lloyd Hendricks, Cooper, Evatt, Woodruff, Huff, M.D. Burriss, Harvin, Marchant, Blanding, Koon, Carnell, Hawkins and Schwartz : A BILL TO AMEND ACT 190 OF 1979, RELATING TO FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE FIRE COMMISSION IS THE SINGLE SOURCE OF AUTHORITY TO PROMULGATE FIRE PREVENTION AND PROTECTION REGULATIONS AND TO PROVIDE THAT THE FIRE COMMISSION MAY NOT PROMULGATE REGULATIONS CONCERNING THE UNIFORM STANDARD FOR MANUFACTURED HOUSING; TO AMEND SECTION 23-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT FIRE MARSHALS, SO AS TO AUTHORIZE PERSONS CERTIFIED BY THE STATE FIRE MARSHAL TO EXERCISE THE POWERS AND DUTIES OF THE STATE FIRE MARSHAL AND TO AMEND SECTION 23-9-60, AS AMENDED, RELATING TO FIRE PREVENTION AND PROTECTION STANDARDS, SO AS TO DELETE THE REFERENCE TO MINIMUM STANDARDS.
Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4034C), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Item (G) of Section 3 of Act 190 of 1979 is amended to read:
"(G) To promulgate, as the single source of authority in this State, pursuant to provisions of Act 176 of 1977, minimum fire prevention and protection regulations based upon nationally recognized standards for the protection of life and property of the residents of the State from fire. Provided, that the The State Fire Commission shall may not promulgate a building code as part of the regulations. Provided further, that no No provision of the regulations shall apply to the extent that it is in conflict with any statute of this State or any provision of any nationally recognized building or fire prevention code duly adopted by ordinance of a municipality. In the event of such a conflict, such the statute or other provision shall apply in all respects. Provided, further, that the The regulations promulgated by the State Fire Commission shall must first be approved by the Budget and Control Board prior to being submitted to the General Assembly."
SECTION 2. Item (I) of Section 3 of Act 190 of 1979 is amended to read:
"(I) To promulgate regulations in accordance with the provisions of Section 23-35-140 of the 1976 Code. Provided that no No provision of the regulations shall apply to the extent that it is in conflict with any statute of this State. In the event of such conflict, such the statute shall apply in all respects. Provided, further, that the The regulations promulgated by the State Fire Commission shall must first be approved by the Budget and Control Board prior to being submitted to the General Assembly.
Provided, further, that the fire commission shall The Fire Commission may not promulgate regulations concerning the sale and storage of pyrotechnics which shall must be promulgated by the State Board of Pyrotechnic Safety.
The Fire Commission shall not promulgate regulations concerning the Uniform Standard for Manufactured Housing as set forth in Chapter 17 of Title 31 of the 1976 Code or regulations pertaining to the forest fire control authority of the State Forestry Commission as set forth in Chapters 23 and 33 of Title 48 of the 1976 Code or regulations of the South Carolina Building Code Council as prescribed in Chapter 43 of Title 23."
SECTION 3. Section 23-9-30 of the 1976 Code is amended to read:
"Section 23-9-30. (a) The chief of any organized fire department or county fire marshal shall be is ex officio resident fire marshal; however, this chapter shall does not repeal, amend, or otherwise affect Chapter 25 of Title 5 nor Chapter 57 of Title 38.
(b) All powers and duties vested in the State Fire Marshal may be exercised or discharged by any deputy State state fire marshal, county fire marshal, or resident fire marshal within the area of his service, or anyone certified by the State Fire Marshal, acting under the authority of the State Fire Marshal."
SECTION 4. Section 23-9-60 of the 1976 Code, as last amended by Act 190 of 1979, is further amended to read:
"Section 23-9-60. The State Fire Marshal shall require conformance with minimum the fire prevention and protection standards based upon nationally recognized standards as may be prescribed by regulations promulgated by authority of items (G) and (I) of Section 3 of this act Act 190 of 1979 for the prevention of fires and the protection of life and property."
SECTION 5. Section 10 of Act 190 of 1979 is amended to read:
"Section 10. Notwithstanding any other provision of law, upon the effective date of this act the State Board for Technical and Comprehensive Education The State Fire Commission shall have sole responsibility for the operation of the South Carolina Fire Academy (Academy). The academy shall be Academy is operated under legislative provisions for occupational training and for the express purpose of upgrading the state's fire service personnel , : paid, volunteer, and industrial. All buildings, facilities, equipment, property, and programs instructional materials which are now or become a part of the State Firefighter Training Program Academy shall be remain assigned to and be the responsibility of the South Carolina Fire Academy and shall may not be integrated with any other local or state agency, association, department, or technical education center, without the consent of the State Board for Technical and Comprehensive Education Fire Commission.
There is hereby created the South Carolina Fire Academy Advisory Committee which shall advise and assist the state board State Fire Commission in developing a comprehensive training program based upon the needs of the fire service in this State. Membership on the committee shall include:
(A) The chairman and appointed members of the Fire School Committee of the South Carolina State Firemen's Association. The chairman of the Fire School Committee shall also serve as the chairman of the South Carolina Fire Academy Advisory Committee.
(B) One member from the South Carolina Fire Chief's Association appointed by the president.
(C) One member from the South Carolina Fire Inspectors Association appointed by the president.
(D) One member from the South Carolina Firefighter Training Society of Fire Service Instructors Association appointed by the president.
(E) One member from the Professional Firefighters Association appointed by the president.
(F) One member from the South Carolina Chapter of International Association of Arson Investigators appointed by the president.
(G) The director of the South Carolina Fire Academy who shall serve as secretary without voting privileges. Membership from the South Carolina Fire Academy shall be is limited to the director only.
(H) One industrial fire protection representative appointed by the State Board for Technical and Comprehensive Education president of the South Carolina Chapter of the American Society of Safety Engineers.
(I) The executive director of the South Carolina State Firemen's Association who shall serve as a member ex officio without voting privileges.
(J) The State Fire Marshal.
(K) One member from higher education having experience and training in curriculum development appointed by the State Fire Commission."
SECTION 6. Section 6-9-110 of the 1976 Code, as last amended by Act 481 of 1984, is further amended to read:
"Section 6-9-110. No county, municipal, or other local ordinance or regulation which prescribes building standards may be construed to apply to any state department, institution, or agency permanent improvement project, construction project, renovation project, or property except as permitted by Section 6-7-830. In no event may any county, municipal, or other local ordinance or regulation which requires the purchase or acquisition of a permit, license, or other device utilized to enforce any building standard be construed to apply to any state department, institution, or agency permanent improvement project, construction project, renovation project, or property. Nothing in this section prohibits local building officials from making inspections on state-owned buildings when the inspections are mutually agreed to by the local building official and the state agency responsible for the building."
SECTION 7. Upon the effective date of this act, the Budget and Control Board is directed to transfer from the State Board for Technical and Comprehensive Education to the State Fire Commission such funds and positions authorized and appropriated in the 1985-86 General Appropriations Act for the operation of the South Carolina Fire Academy and any other equipment, materials, or other assets as may be appropriate. The Budget and Control Board shall also transfer the merit increment allocations for the transferred Fire Academy personnel.
All records, property, and positions related to the operation of the South Carolina Fire Academy must be transferred from the State Board for Technical and Comprehensive Education to the State Fire Commission on the effective date of this section.
In order to provide for an orderly transition, the organizations named in this section shall coordinate the transfer of personnel, resources, and functions in a manner to effect the formal transfer of administrative duties for the operation of the South Carolina Fire Academy as soon as practical from the date this act is approved by the Governor.
SECTION 8. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. BLANDING explained the amendment.
Reps. O. PHILLIPS and KLAPMAN objected to the Bill.
Rep. FOXWORTH withdrew his objection to the Bill.
The amendment was then adopted.
Reps. KIRSH and TOWNSEND objected to the Bill.
Rep. KIRSH moved that the House do now adjourn which was adopted.
The Senate returned to the House with concurrence the following:
H. 3271 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE TROOPER FIRST CLASS RICKY LEE PRUITT OF CLARENDON COUNTY ON BEING NAMED DISTRICT SEVEN HIGHWAY TROOPER OF THE YEAR FOR 1985.
H. 3272 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE LAURENCE MANNING ACADEMY OF CLARENDON COUNTY ON WINNING ITS SECOND CONSECUTIVE SCISAA AA STATE FOOTBALL CHAMPIONSHIP AND TO COMMEND COACH TOMMY TIMMERMAN AND THE TEAM ON AN OUTSTANDING SEASON.
H. 3273 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING WILLIAM J. MCCORD, DIRECTOR OF THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE, UPON BEING RECOGNIZED BY THE ALCOHOL AND DRUG PROBLEMS ASSOCIATION OF NORTH AMERICA FOR HIS CONTRIBUTIONS TO ALCOHOL AND DRUG ABUSE PREVENTION.
H. 3306 -- Reps. Schwartz and Sheheen: A CONCURRENT RESOLUTION INVITING CHIEF JUSTICE JULIUS B. NESS TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12 NOON ON WEDNESDAY, FEBRUARY 26, 1986.
H. 3311 -- Reps. Schwartz and S. Anderson: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, RICHARD W. RILEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P. M. ON WEDNESDAY, JANUARY 22, 1986.
H. 3313 -- Rep. G. Bailey: A CONCURRENT RESOLUTION EXPRESSING THE APPROVAL OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE BERKELEY, DORCHESTER, AND CHARLESTON COUNTY FIRE DEPARTMENTS TO SOLICIT FUNDS ALONG THE HIGHWAYS FOR THE MARCH OF DIMES TELERAMA JANUARY 17-19, 1986.
H. 3314 -- Reps. Barfield, Elliott, Pearce and Thrailkill: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE J. EUGENE ALTMAN, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FROM HORRY COUNTY.
January 16, 1986
Please enter into the Journal that I will not support H. 2319.
Respectfully,
E.D. FOXWORTH
At 12:05 P.M. the House in accordance with the motion of Rep. KIRSH adjourned to meet at 10:00 A.M. tomorrow.
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