Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Rev. Dr. Robert Dendy, Pastor of Seneca Presbyterian Church in Seneca, S.C. as follows:
We focus our attention today, O Lord, on those forty days known as the Season of Lent. May this be a time to examine ourselves, repent, and turn to your way. Let this be a pilgrimage for us, bringing us through discipline to a renewed awareness of our responsibility to You and to one another. Let each day be lived as a trust, O Lord, from you. Having accepted offices of responsibility, we know that we are keepers of our brothers and sisters. Help us to act accordingly. 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. CLEVELAND.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 2915 -- Rep. McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO DELETE OBSOLETE LANGUAGE AND LIMIT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY TO FORTY LEGISLATIVE DAYS UNLESS EXTENDED BY A VOTE OF THREE-FOURTHS OF THE MEMBERS ELECTED TO BOTH HOUSES.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 3089 -- Rep. Taylor: A BILL TO AMEND CHAPTER 1 OF TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTARIES PUBLIC, BY ADDING SECTION 26-1-15, SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY IS, DURING HIS TERM OF OFFICE, A NOTARY PUBLIC OF THIS STATE.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 3159 -- Rep. McEachin: A BILL TO AMEND SECTION 44-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR REGISTERING BIRTH BY WAY OF A DELAYED BIRTH CERTIFICATE, SO AS TO PROVIDE THAT THE FAMILY COURT HAS JURISDICTION OF THESE MATTERS RATHER THAN THE COURT OF COMMON PLEAS.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2718 -- Reps. Brett, Marchant, Evatt, Winstead, Cork, Archibald, Hawkins, Moss, Cleveland, Waldrop, Wilkins, Gentry, Foxworth, Cooper, Petty, R. Brown, McKay, McEachin, L. Martin, Fair, Hayes, T.M. Burriss and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-70, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 19 OF TITLE 2 OF THE 1976 CODE, RELATING TO SCREENING OF CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY APPLY TO ANY PERSON WHO IS APPOINTED BY THE GOVERNOR TO FILL A VACANCY IN THE OFFICE OF CIRCUIT SOLICITOR BEFORE THE CONSENT OF THE SENATE IS GRANTED.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 2826 -- Rep. Gulledge: A BILL TO AMEND SECTION 16-23-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS TO THE PROVISIONS OF ARTICLE 3 OF CHAPTER 23 OF TITLE 16 CONCERNING MACHINE GUNS, SAWED-OFF SHOT GUNS, AND RIFLES, SO AS TO EXEMPT DEALERS LICENSED UNDER THE PROVISIONS OF THE FEDERAL GUN CONTROL ACT FROM THE PROVISIONS OF THIS ARTICLE.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3200 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEAL ACTING AS A SUPERSEDEAS FOR SIXTY DAYS FROM THE DATE OF CONVICTION FOR AN OFFENSE MAKING MANDATORY THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO MAKE THE SUPERSEDEAS APPLY DURING THE PENDENCY OF THE APPEAL.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
S. 279 -- Senator Bryan: A BILL TO AMEND CHAPTER 35, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASEHOLD ESTATES BY ADDING SECTION 27-35-155 SO AS TO PROVIDE THAT WHEN A TENANT HAS BEEN DEEMED TO HAVE ABANDONED THE PREMISES PURSUANT TO LAW, THE LANDLORD MAY REMOVE THE ABANDONED PERSONAL PROPERTY OF THE TENANT WITHIN THE PREMISES, TO PROVIDE THAT A LANDLORD TAKING THIS ACTION MAY NOT BE SUBJECTED TO A SUIT FOR CONVERSION OF THE TENANT'S PROPERTY, AND TO IMPOSE CERTAIN DUTIES ON THE LANDLORD WHEN REMOVING THIS PROPERTY.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3345 -- Reps. Kirsh, White, Rawl, Washington, D. Martin, Winstead, Freeman, Foster, J. Rogers, Hawkins and Gordon: A BILL TO AMEND SECTIONS 20-7-1740, 20-7-1780, AS AMENDED, 20-7-1900, 20-7-1930 THROUGH 20-7-1970, 20-7-2000 THROUGH 20-7-2020, 20-7-2060, AND 20-7-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION PROVISIONS IN THE CHILDREN'S CODE, SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO DELETE ALL REFERENCES TO THE CHILDREN'S BUREAU (BUREAU); SECTIONS 20-7-2300 THROUGH 20-7-2310, AND 20-7-2340, AS AMENDED, RELATING TO THE BUREAU, SO AS TO DELETE ALL PROVISIONS PERTAINING TO THE BUREAU, PROVIDE THAT THE CHILD IS THE PRIMARY CLIENT OF STATE ADOPTIVE PROGRAMS, ESTABLISH A SINGLE PUBLIC ADOPTION SYSTEM WITHIN THE DEPARTMENT, PROVIDE FOR THE ADMINISTRATION OF THE PUBLIC ADOPTION AGENCY BY THE DEPARTMENT, AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH FEES FOR ADOPTION AND RELATED SERVICES; TO ADD SECTION 20-7-1945 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES (DEPARTMENT) TO CONDUCT A STUDY OF THE ADEQUACY OF MEDICAL, SHELTER, AND SUPPORT SERVICES FOR BIRTH PARENTS AND DETERMINE WHAT IMPROVEMENTS ARE NEEDED TO ESTABLISH A TRANSITION COMMITTEE TO ASSIST IN THE TRANSFER OF ALL OPERATIONS FROM THE BUREAU TO THE DEPARTMENT, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL MAKE AS PROMPTLY AND PRACTICABLE AS POSSIBLE THE NECESSARY TRANSFERS TO CARRY OUT THE TRANSITION COMMITTEE'S PLAN, AND TO PROVIDE FOR THE COMPOSITION, POWERS, AND DISSOLUTION OF THE COMMITTEE; TO PROVIDE THAT ALL APPLICATIONS ON FILE WITH THE BUREAU AND THE DEPARTMENT ON THE EFFECTIVE DATE OF THIS ACT SHALL RECEIVE PRIORITY CONSIDERATION FOR ADOPTIVE PLACEMENTS WITH THE DEPARTMENT; TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ACT; AND TO REPEAL SECTIONS 20-7-1830 THROUGH 20-7-1890, 20-7-2320, 20-7-2325, 20-7-2330, AND 20-7-2350 THROUGH 20-7-2370 RELATING TO THE VARIOUS RESPONSIBILITIES OF THE BUREAU REGARDING ADOPTION, THE PROVISIONS AUTHORIZING THE BOARD OF DIRECTORS OF THE BUREAU TO PRESCRIBE POLICIES AND ADMINISTRATIVE DUTIES OF THE BUREAU, DISBURSEMENT OF FUNDS APPROPRIATED TO THE BUREAU BY THE GENERAL ASSEMBLY, THE PROVISIONS CONCERNING THE FEES FOR SERVICES PROVIDED BY THE BUREAU, REQUIREMENT THAT THE BOARD OF DIRECTORS MUST HIRE A SUPERVISOR OF THE BUREAU, THE REQUIREMENT OF AN ANNUAL REPORT BY THE BUREAU, AND THE PENALTY PROVISIONS FOR VIOLATION OF SUBARTICLE 3 OF ARTICLE 13 OF CHAPTER 20 OF TITLE 7 (CHILDREN'S BUREAU).
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 978 -- Medical Affairs Committee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE MEMBERS OF THE UNITED STATES SENATE AND THE MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES FROM SOUTH CAROLINA TO URGE THE VETERANS ADMINISTRATION IN WASHINGTON AND SOUTH CAROLINA TO IMPLEMENT THE MANDATE PRESCRIBED BY FEDERAL LEGISLATION ESTABLISHING THE AGENT ORANGE EXAMINATION PROGRAM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 980 -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND BEST WISHES TO MRS. TWEEDIE GARDNER DURST OF GREENWOOD, WIDOW OF WILLIAM P. DURST, SR., ON THE OCCASION OF HER ONE HUNDRED FIFTH BIRTHDAY ON FEBRUARY 12, 1986.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 981 -- Senator Peeler: A CONCURRENT RESOLUTION TO CONGRATULATE THE FACULTY AND STAFF OF MARY BRAMLETT ELEMENTARY SCHOOL IN GAFFNEY UPON THE SCHOOL BEING NAMED ONE OF "PALMETTO'S FINEST" BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1007 -- Senator McLeod: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF RAY RUTH, ARMY SPEC. 4 OF WALTERBORO, A MEMBER OF THE PEACEKEEPING FORCES ON DUTY IN THE MIDDLE EAST.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1008 -- Senators Wilson, Courson, Giese, Shealy and Ravenel: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF COL. ROBERT PATTERSON CRAFT, USAF (RET.), AND TO EXTEND SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1010 -- Senators Thomas E. Smith, Jr. and McLeod: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF PRIVATE FIRST CLASS CALVIN MCWHITE OF PAMPLICO, FLORENCE COUNTY, A MEMBER OF THE PEACEKEEPING FORCES ON DUTY IN THE MIDDLE EAST.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1011 -- Senators Saleeby and McLeod: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF CAPTAIN KYLE L. EDMONDS OF HARTSVILLE, DARLINGTON COUNTY, A MEMBER OF THE PEACEKEEPING FORCES ON DUTY IN THE MIDDLE EAST.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1012 -- Senators Lindsay and McLeod: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF PRIVATE FIRST CLASS SAMMY DALE BITTLE OF CHERAW, CHESTERFIELD COUNTY, A MEMBER OF THE PEACEKEEPING FORCES ON DUTY IN THE MIDDLE EAST.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Reps. STODDARD and J.W. JOHNSON, with unanimous consent, the following was taken up for immediate consideration:
H. 3478 -- Reps. J.W. Johnson, Stoddard and Carnell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER LAKE GREENWOOD CONNECTING ROAD S-39 IN GREENWOOD COUNTY AND ROAD S-33 IN LAURENS COUNTY "THE SAM BLACKMON BRIDGE".
Whereas, Samuel Creighton (Sam) Blackmon settled permanently in the Mountville area of Laurens County in 1947; and
Whereas, he began a career in bridge construction in 1929 with the C.Y. Thomason Company of Greenwood and remained in the employment of that company until 1952; and
Whereas, in 1953, he founded a bridge construction corporation which became known as Blackmon Construction Company, Inc.; and
Whereas, Sam Blackmon earned a reputation over the years as an outstanding bridge builder; and
Whereas, between 1953 and 1985, one hundred sixty-seven bridges were built under Sam Blackmon's direction, totaling twenty-five million dollars; and
Whereas, his work is well known and his talent has been admired by many persons; and
Whereas, the General Assembly believes that Sam Blackmon's talent and his dedication should be recognized and remembered in a lasting form. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Highways and Public Transportation to name the bridge over Lake Greenwood connecting Road S-39 in Greenwood County and Road S-33 in Laurens County "The Sam Blackmon Bridge".
Be it further resolved that the Department of Highways and Public Transportation is requested to hold a ceremony officially naming the bridge and to erect appropriate markers with the following inscription: "The Sam Blackmon Bridge".
Be it further resolved that a copy of this resolution be forwarded to the Chief Highway Commissioner.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3479 -- Reps. Schwartz, S. Anderson, Alexander, Altman, J. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Blatt, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BERNICE CAREY MORRIS OF PICKENS COUNTY, MOTHER OF THE HONORABLE EARLE E. MORRIS, JR., UPON HER DEATH.
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. 3471 -- Reps. Carnell, R. Brown, McLeod, Lake, J.W. Johnson, Stoddard and White: A BILL TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE SOUTH CAROLINA BOARD OF CERTIFICATION FOR ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO ADD ONE MEMBER OF THE BOARD TO BE RECOMMENDED BY THE SOUTH CAROLINA RURAL WATER ASSOCIATION, INC.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3472 -- Reps. McLeod, Beasley and Neilson: A BILL TO AMEND SECTION 47-5-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST SELLING WILD CARNIVORES AS PETS SO AS TO REMOVE FERRETS FROM THE LIST OF CARNIVORES.
Referred to Committee on Agriculture and Natural Resources.
H. 3473 -- Labor, Commerce and Industry Committee: A BILL TO CREATE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, AND TO PRESCRIBE ITS POWERS, DUTIES, AND FUNCTIONS.
Without reference.
H. 3474 -- Reps. McEachin, Griffin, Gilbert, Pearce, Russell, J.W. Johnson, J. Rogers, Barfield, McKay, McLeod, Nettles, W. Arthur, R. Brown and Lockemy: A BILL TO AMEND SECTION 59-119-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO PROVIDE THAT OF THE SIX MEMBERS OF THE BOARD ELECTED BY THE GENERAL ASSEMBLY, ONE MUST BE ELECTED FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE ON A PHASE-IN BASIS, AND TO PROVIDE THE PROCEDURES FOR ELECTING THESE MEMBERS AND THEIR TERMS OF OFFICE.
Referred to Committee on Education and Public Works.
H. 3475 -- Reps. Schwartz, Harvin, Griffin and G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 56, SO AS TO PROHIBIT BURIAL OF HAZARDOUS WASTE IN COMMERCIAL LANDFILLS IN THIS STATE AFTER DECEMBER 31, 1988, TO REDUCE THE AMOUNT OF HAZARDOUS WASTE THAT MAY BE BURIED PRIOR TO THE PROHIBITION, TO PROVIDE FOR ADDITIONAL FEES ON HAZARDOUS WASTE BURIAL, AND TO PROVIDE FOR THE DISPOSITION OF THE ADDITIONAL REVENUE, TO PROHIBIT BURIAL OF NEW HAZARDOUS WASTE STREAMS NOT ALREADY BURIED BEFORE JUNE 30, 1986, TO ALLOW AN INCOME TAX CREDIT FOR REDUCTIONS IN HAZARDOUS WASTE BURIAL, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Ways and Means.
H 3476 -- Rep. Sheheen: A BILL TO AMEND ACT 608 OF 1978, AS AMENDED, RELATING TO THE PERIODIC REVIEW OF THE OPERATION OF STATE AGENCIES PRIOR TO THEIR TERMINATION OR REAUTHORIZATION, SO AS TO CHANGE THE TERMINATION DATE FOR CERTAIN AGENCIES, TO REFERENCE "COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON" INSTEAD OF "HARBOR PILOTS", TO DELETE "MASSEURS OR MASSEUSES", AND TO ADD THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS TO THE SCHEDULE OF AGENCIES AND PROGRAMS DUE TO TERMINATE JUNE 30, 1991.
Referred to Committee on Judiciary.
H. 3477 -- Reps. Sheheen, Mangum, Gordon, Kirsh, Wilkins, White and Gregory: A BILL TO AMEND SECTIONS 38-5-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR INSURANCE COMPANIES AND THE COLLECTION AND DISPOSITION OF THE FEES, SO AS TO PROVIDE FOR FIXED LICENSE FEES AS SET BY REGULATION RATHER THAN ANNUAL FIXED LICENSE FEES OF SPECIFIED AMOUNTS; 38-5-400, RELATING TO A TWO HUNDRED DOLLAR LICENSE FEE FOR FOREIGN INSURANCE COMPANIES, SO AS TO PROVIDE FOR A LICENSE FEE AS SET BY REGULATION RATHER THAN AN ANNUAL LICENSE FEE IN THE SPECIFIED AMOUNT; 38-5-440, RELATING TO RETURNS AND PAYMENT OF GRADED LICENSE FEES ON DOMESTIC INSURANCE COMPANIES, SO AS TO PROVIDE THAT THE TAX IMPOSED IN SECTIONS 38-5-410 OR 38-5-420 MUST BE PAID QUARTERLY TO THE TAX COMMISSION RATHER THAN BE PAID IN FULL TO THE TAX COMMISSION AT THE TIME THE RETURN IS FILED; 38-5-770, RELATING TO UNEARNED PREMIUM RESERVES AND INSURANCE COMPANIES, SO AS TO DELETE REFERENCES TO CERTAIN FEES OF TWO HUNDRED DOLLARS AND PROVIDE INSTEAD FOR FEES AS SET BY REGULATION; 38-5-1250, RELATING TO THE REQUIREMENT THAT EXPENSES OF INVESTIGATIONS MUST BE PAID BY FIRE INSURANCE COMPANIES AND A TAX LEVY, SO AS TO PROVIDE THAT THE TAX IS TO BE COLLECTED QUARTERLY BY THE CHIEF INSURANCE COMMISSIONER; 38-21-710, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS, ANNUAL RENEWAL OF LICENSES, AND FEE, SO AS TO PROVIDE FOR BIENNIAL RENEWAL AND TO PROVIDE FOR CERTAIN FEES AS SET BY REGULATION RATHER THAN IN SPECIFIED AMOUNTS; 38-27-30, AS AMENDED, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES AND LICENSE, FEE, AND INTERROGATORIES, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A BIENNIAL, RATHER THAN AN ANNUAL, LICENSE FEE SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; 38-43-930, RELATING TO FIRE, MARINE AND INLAND MARINE AND CASUALTY AND SURETY RATES, RATING ORGANIZATIONS, AND ISSUANCE OR DENIAL OF LICENSE, DURATION, AND FEE, SO AS TO PROVIDE THAT THE FEE FOR THE LICENSE MUST BE SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; 38-45-160, RELATING TO RECIPROCAL INSURANCE AND FEES, TAXES, AND BOND OF ATTORNEY, SO AS TO PROVIDE FOR A LICENSE FEE AS SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT AND TO PROVIDE FOR BIENNIAL, RATHER THAN ANNUAL, RENEWAL; 38-47-30, RELATING TO THE ISSUANCE OF LICENSES TO INSURANCE BROKERS, SO AS TO PROVIDE FOR THE PAYMENT OF A BIENNIAL, RATHER THAN AN ANNUAL, LICENSE FEE AS SET BY REGULATION, RATHER THAN IN A SPECIFIED AMOUNT; 38-47-90, RELATING TO THE PROVISION THAT INSURANCE BROKERS' LICENSES ARE FOR AN INDEFINITE TERM UNLESS REVOKED OR SUSPENDED AND TO AN ANNUAL FEE PAYABLE AS PROVIDED BY REGULATION, SO AS TO PROVIDE FOR A BIENNIAL LICENSE FEE; 38-49-30, RELATING TO FEES FOR INSURANCE ADJUSTERS' LICENSES, SO AS TO PROVIDE THAT THE FEE FOR THIS LICENSE IS AS SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; 38-49-40, RELATING TO THE PROVISION THAT INSURANCE ADJUSTERS' LICENSES ARE FOR AN INDEFINITE TERM UNLESS REVOKED OR SUSPENDED AND TO AN ANNUAL FEE PAYABLE AS PROVIDED BY REGULATION, SO AS TO PROVIDE FOR A BIENNIAL LICENSE FEE; 38-51-90, RELATING TO FEES FOR LICENSES OF INSURANCE AGENTS AND SEMIANNUAL LICENSES, SO AS TO PROVIDE THAT BIENNIAL, RATHER THAN ANNUAL, FEES APPLICABLE TO AGENTS' LICENSES MUST BE SET BY REGULATION, RATHER THAN BE IN SPECIFIED AMOUNTS; 38-57-120, RELATING TO FIREMEN'S INSURANCE AND INSPECTION FUNDS AND THE PAYMENT OF A PORTION OF THE PREMIUMS REPORTED TO THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE FOR PAYMENT AND DELIVERY ON A QUARTERLY BASIS, RATHER THAN WITHIN SIXTY DAYS AFTER THE THIRTY-FIRST DAY OF DECEMBER OF EACH YEAR; 42-5-150, RELATING TO WORKERS' COMPENSATION, INSURANCE AND SELF-INSURANCE, AND RETURNS AND PAYMENT OF TAX, SO AS TO REQUIRE INSURANCE CARRIERS TO MAKE A REPORT, RATHER THAN A RETURN, ON A QUARTERLY BASIS, RATHER THAN ANNUALLY; AND 56-13-20, AS AMENDED, RELATING TO MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS AND, AMONG OTHER THINGS, THE REQUIRED LICENSE AND FEE, SO AS TO PROVIDE FOR A LICENSE FEE AS SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; TO PROVIDE THAT LICENSE FEES IN TITLE 38 MUST BE SET BY THE CHIEF INSURANCE COMMISSIONER BY REGULATION; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA INSURANCE COMMISSION.
Referred to Committee on Labor, Commerce and Industry.
H. 3480 -- Reps. Hearn, McBride, Koon, Klapman, T.M. Burriss, Barfield and G. Brown: A BILL TO AMEND SECTION 16-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR THE CRIME OF PROSTITUTION SO AS TO INCREASE THESE PENALTIES AND PROVIDE THAT NO PART OF ANY SENTENCE IMPOSED MAY BE SUSPENDED AND PROBATION FOR ANY PORTION OF A TERM OF IMPRISONMENT MAY NOT BE GRANTED.
Referred to Committee on Judiciary.
S. 580 -- Senator Wilson: A BILL TO AMEND SECTION 29-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, SO AS TO PROVIDE THAT THE PREVAILING PARTY IN AN ACTION TO ENFORCE THE LIEN MAY RECOVER COSTS AND ATTORNEYS' FEES AND TO AMEND SECTION 29-5-20, RELATING TO MECHANICS' AND OTHER MATERIALMEN'S LIENS, SO AS TO PROVIDE THAT THE PREVAILING PARTY IN AN ACTION TO ENFORCE THE LIEN MAY RECOVER COSTS AND ATTORNEYS' FEES.
Referred to Committee on Judiciary.
S. 748 -- Senator Setzler: A BILL TO AUTHORIZE A COUNTY TREASURER OR TAX COLLECTOR TO DELEGATE TO A DEPUTY TREASURER, TO A DEPUTY TAX COLLECTOR, OR TO THE COUNTY SHERIFF THE POWER TO SEIZE AND LEVY UPON PROPERTY OF A DEFAULTING TAXPAYER FOR NONPAYMENT OF PROPERTY TAXES.
Referred to Committee on Ways and Means.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 3471 be read the second and third times the next two successive legislative days.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Aydlette Bailey, G. Bailey, K. Barfield Beasley Blackwell Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Freeman Gentry Gilbert Gordon Gregory Griffin Harris, P. Hawkins Hayes Hearn Hendricks, B. Hendricks, L. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lake Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rice Rigdon Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker Washington White Wilkins Williams Winstead Woodruff
I came in after the roll call and was present for the Session on February 12, 1986.
Crosby Lewis Larry Blanding Donna A. Moss Dave C. Waldrop Paul Short L. Edward Bennett R. L. Helmly Lenoir Sturkie T. M. Burriss
LEAVES OF ABSENCE
The SPEAKER Pro Tempore granted Reps. H. BROWN, EVATT and J. HARRIS a leave of absence for the day due to illness.
The SPEAKER Pro Tempore granted Rep. RHOAD a leave of absence for the week due to illness.
I respectfully request a leave of absence in order to join the United States Negotiating Team in Geneva for talks on the Multifibre Arrangement (MFA).
These talks are critical to the United States and South Carolina as the final decision will affect countless thousands of jobs in the Textile-apparel industry.
Thomas M. Marchant III
The SPEAKER Pro Tempore granted Rep. MARCHANT a leave of absence for the day.
Reps. KLAPMAN and HARVIN signed a statement with the Clerk that they came in after the roll call and were present for the Session on Thursday, February 6, 1986.
I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, February 11, 1986.
A. Victor Rawl
Announcement was made that Everette Dargan of Columbia, is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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.
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.
Reps. McABEE, MANGUM, CARNELL and KLAPMAN objected to the Bill.
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.
Reps. MANGUM, McABEE, CARNELL and KLAPMAN objected to the Bill.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, February 18, 1986, which was adopted.
H. 2582 -- Rep. Davenport: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO SELL ANY SUBSTANCE OR MATERIAL FOR USE UPON THE WINDSHIELD OR WINDOW GLASS OF A MOTOR VEHICLE THAT WOULD RENDER THE WINDSHIELD OR WINDOW GLASS TO BE IN NONCOMPLIANCE WITH FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 205, TO MAKE IT UNLAWFUL FOR ANY PERSON TO INSTALL A WINDSHIELD OR WINDOW GLASS IN A MOTOR VEHICLE OR PLACE ANY SUBSTANCE OR MATERIAL UPON ANY WINDSHIELD OR WINDOW GLASS THAT WOULD REDUCE LIGHT TRANSMITTANCE MORE THAN THIRTY PERCENT OR THAT PRODUCES A MIRROR OR METALLIC APPEARANCE WHEN VIEWED BY A PERSON OUTSIDE THE VEHICLE, TO MAKE IT UNLAWFUL FOR A VEHICLE SO EQUIPPED TO BE OPERATED, AND TO PROVIDE PENALTIES.
Rep. TUCKER moved to adjourn debate upon the following Bill until Tuesday, February 18, 1986, which was adopted.
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.
The following Bills were taken up, read the second time, and ordered to a third reading:
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. 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.
Rep. SHARPE explained the Bill.
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.
Rep. P. HARRIS explained the Bill.
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.
Rep. SHARPE explained the Bill.
H. 3454 -- Reps. Mattos, P. Bradley, L. Phillips, Cooper, Petty, Blackwell, Moss, Brett, Rice, Fair, Shelton, Wilkins, G. Bailey, Hawkins and Griffin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXES, SO AS TO EXTEND THE EXEMPTION ALLOWED ON A MOTOR VEHICLE OWNED BY A DISABLED VETERAN TO A LEASED MOTOR VEHICLE.
H. 3461 -- Reps. Thrailkill and Pearce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF KERSHAW TRADING COMPANY, INC.
S. 967 -- Senator Long: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SURF-WINDS, INC. OF HORRY COUNTY.
Rep. KLAPMAN moved to adjourn debate upon the following Bill, which was adopted.
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.
Rep. P. HARRIS moved to reconsider the vote whereby debate was adjourned on the Bill which was agreed to.
Reps. P. HARRIS and SHARPE explained the Bill.
Rep. KLAPMAN moved to adjourn debate upon the Bill.
Rep. P. HARRIS moved to table the motion which was agreed to.
The Bill was then read the second time and ordered to third reading.
The following Bill was taken up.
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.
Rep. P. HARRIS explained the Bill.
The SPEAKER Pro Tempore granted Rep. J. ANDERSON a temporary leave of absence.
Reps. J. BRADLEY, SIMPSON, LIMEHOUSE and G. BROWN objected to the Bill.
The following Bill was taken up.
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.
Rep. SHARPE explained the Bill.
Rep. J. BRADLEY moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
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.
Rep. SHARPE explained the Bill.
Reps. BLACKWELL, WILLIAMS and WASHINGTON objected to the Bill.
Rep. TOAL moved that the House recur to the morning hour, which was agreed to by a division vote of 41 to 32.
Rep. HOLT, from the Committee on Charleston Delegation, submitted a favorable report, on:
H. 3470 -- Rep. Aydlette: A JOINT RESOLUTION TO PROVIDE FOR THE CLOSING OF A CERTAIN ROUTE IN CHARLESTON COUNTY TO VEHICULAR TRAFFIC ON OCTOBER 26, 1986, TO ENABLE THE ELKS BRIDG-ATHON ROAD RACE TO BE CONDUCTED.
On motion of Rep. HOLT, with unanimous consent, the following Joint Resolution was taken up for immediate consideration.
H. 3470 -- Rep. Aydlette: A JOINT RESOLUTION TO PROVIDE FOR THE CLOSING OF A CERTAIN ROUTE IN CHARLESTON COUNTY TO VEHICULAR TRAFFIC ON OCTOBER 26, 1986, TO ENABLE THE ELKS BRIDG-ATHON ROAD RACE TO BE CONDUCTED.
The Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. HOLT, with unanimous consent, it was ordered that H. 3470 be read the third time tomorrow.
The following was introduced:
H. 3481 -- Reps. Harvin, Gordon and Snow: A CONCURRENT RESOLUTION TO RECOGNIZE CHARLIE WALKER OF WILLIAMSBURG COUNTY, A LEADER IN THE BROADCASTING INDUSTRY AND AN OUTSTANDING CITIZEN, AND WISH FOR HIM MANY YEARS OF CONTINUED SUCCESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3482 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE REVEREND CASTON N. GAMBLE OF LEE COUNTY UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3483 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION TO CONGRATULATE THE FACULTY AND STAFF OF MARY BRAMLETT ELEMENTARY SCHOOL IN GAFFNEY UPON THE SCHOOL BEING NAMED ONE OF "PALMETTO'S FINEST" BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
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. 3484 -- Reps. Foxworth, P. Bradley, Davenport, Petty, Simpson, G. Brown and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-615 SO AS TO PROHIBIT A CANDIDATE FOR PUBLIC OFFICE FROM ADDRESSING, INSTRUCTING, OR INTERRUPTING A PRIMARY OR SECONDARY PUBLIC SCHOOL CLASS WITHIN ONE HUNDRED TWENTY DAYS PRIOR TO THE DATE OF ANY ELECTION UNLESS THAT CLASS IS A PLANNED CLASS IN SOCIAL STUDIES AND THE CANDIDATE IS INVITED BY THE GOVERNING SCHOOL BOARD.
Referred to Committee on Education and Public Works.
H. 3485 -- Rep. G. Brown: A BILL TO AMEND SECTION 7-7-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEE COUNTY, SO AS TO DESIGNATE RURAL FIRE STATION NO. 1 AS THE VOTING PLACE FOR BISHOPVILLE NO. 1 VOTING PRECINCT.
On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. G. BROWN, with unanimous consent, it was ordered that H. 3485 be read the second and third times the next two successive legislative days.
Rep. J. ROGERS insisted upon the Special Orders of the day.
Rep. AYDLETTE raised the Point of Order that insistence on the Special Orders was improper as the Special Order was to be taken up after the Withdrawal of Objections period, not after time had expired for the Uncontested Calendar.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. J. BRADLEY moved to adjourn debate upon the following Bill, which was adopted.
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.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
Rep. P. HARRIS explained the Bill.
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".
Rep. P. HARRIS explained the Bill.
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.
Rep. P. HARRIS explained the Bill.
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.
Rep. P. HARRIS moved to adjourn debate upon the following Bill, which was adopted.
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.
The following Bill was taken up.
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.
Rep. P. HARRIS explained the Bill.
Rep. J. BRADLEY moved to adjourn debate upon the Bill, which was adopted.
Rep. SHEHEEN moved to adjourn debate upon the following Bill, which was adopted.
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.
Rep. FERGUSON moved to adjourn debate upon the following Bill until Tuesday, February 18, 1986, which was adopted.
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.
The following Bill was taken up.
H. 3245 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 19 SO AS TO CREATE THE CHILDREN'S CASE RESOLUTION SYSTEM, TO DEFINE THE PURPOSES AND FUNCTIONS OF THE SYSTEM, AND TO OUTLINE THE REQUIREMENTS OF DECISIONS BY THE SYSTEM.
Reps. P. BRADLEY, FOXWORTH and KLAPMAN objected to the Bill.
Rep. LEWIS moved to adjourn debate upon the following Joint Resolution, which was adopted.
S. 885 -- Finance Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 1986 ONLY, ALL COUNTIES WITH A POPULATION OF TWENTY-FIVE THOUSAND OR LESS AS DETERMINED BY THE MOST RECENT OFFICIAL UNITED STATES CENSUS, WHICH ARE NOT OTHERWISE DESIGNATED AS A LESS DEVELOPED AREA OF THE STATE PURSUANT TO SECTION 12-7-616 OF THE 1976 CODE FOR PURPOSES OF THE TAX CREDIT FOR NEW JOBS, ARE ALSO CONSIDERED A LESS DEVELOPED AREA FOR PURPOSES OF THIS TAX CREDIT FOR NEW JOBS.
The following Bill was taken up.
S. 344 -- Senators Lee, Land and Courson: A BILL TO AMEND SECTIONS 56-5-4030, 56-5-4070, AND 56-5-4140, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTHS AND WIDTHS OF VEHICLES AND COMBINATIONS OF VEHICLES, SO AS TO ALLOW VEHICLE WIDTHS OF 102 INCHES ON INTERSTATE HIGHWAYS AND OTHER ROADS TO BE DESIGNATED, TO PERMIT AND REGULATE THE USE OF TWO AND THREE UNIT COMBINATIONS OF VEHICLES ON THE INTERSTATE HIGHWAY SYSTEM AND OTHER ROADS TO BE DESIGNATED, AND TO INCLUDE THE FEDERAL BRIDGE FORMULA FOR ALLOWABLE VEHICLE WEIGHTS ON THE INTERSTATE HIGHWAY SYSTEM; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-4075 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ESTABLISH REGULATIONS FOR IMPLEMENTATION.
Rep. L. MARTIN moved to adjourn debate upon the Bill.
Rep. J. BRADLEY moved to table the motion which was not agreed to.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following Bill was taken up.
H. 3181 -- Rep. Blackwell: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION, SO AS TO PROVIDE THAT THE DATE FOR FILING APPLICATION FOR THE EXEMPTION BE MADE BY JULY FIFTEENTH INSTEAD OF BY MAY FIRST, BEGINNING WITH THE 1987 TAX YEAR.
Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 1826R) which was adopted
Amend the bill, as and if amended, in the first paragraph of Section 12-37-250 of the 1976 Code, as contained in SECTION 1, on page 2, by striking /and shall also pay all real property taxes due by such persons on or before March fifteenth/ on lines 15, 16, and 17 and inserting /and shall also pay all real property taxes due by such persons on or before March fifteenth/. When amended the first paragraph of Section 12-37-250 shall read:
/The first twenty thousand dollars of the fair market value of the dwelling place of persons is exempt from county, municipal, school, and special assessment real estate property taxes when such the persons have been residents of this State for at least one year, have each reached the age of sixty-five years on or before December thirty-first, or any person who has been classified as totally and permanently disabled by a state or federal agency having the function of so classifying persons, or any person who is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. Any person claiming to be totally and permanently disabled, but who has not been so classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of such person using its own standards. The exemption shall include the dwelling place when jointly owned in complete fee simple or life estate by husband and wife and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, on or before December thirty-first preceding the tax year in which the exemption is claimed and either has been a resident of the State for one year. The exemption may not be granted unless such persons or their agents make written application therefor on or before May first July fifteenth of the tax year in which the exemption is claimed and shall also pay all real property taxes due by such persons on or before March fifteenth. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor shall, as directed by the Comptroller General, notify the municipality of all exemption applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. The term "dwelling Dwelling place" as used herein means the permanent home and legal residence of the applicant./
Amend further in SECTION 2, page 2, by striking /1986/ on line 4 and inserting /1985/ so that when amended SECTION 2 shall read:
/The provisions of the first paragraph of Section 12-37-250, as amended by Section 1 of this act, are effective for tax years beginning after December 31, 1985./
Amend title to conform.
Rep. BLACKWELL 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. BLACKWELL, with unanimous consent, it was ordered that H. 3181 be read the third time tomorrow.
Reps. WINSTEAD and FOXWORTH withdrew their objection to the following Bill whereupon objections were raised by Reps. P. BRADLEY and TUCKER.
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.
Rep. B. L. HENDRICKS withdrew his objection to H. 2762 however, other objections remained upon the Bill.
Rep. J. BRADLEY moved that the House recur to the morning hour.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Arthur, W. Aydlette Boan Bradley, J. Bradley, P. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Davenport Fair Foxworth Hearn Holt Huff Jones Kohn Mattos McAbee Moss Rice Sharpe Thrailkill Washington Winstead
Those who voted in the negative are:
Alexander Arthur, J. Bailey, G. Bailey, K. Barfield Blackwell Blanding Brown, R. Cleveland Cooper Cork Derrick Faber Felder Ferguson Foster Freeman Gentry Gregory Griffin Harvin Hayes Helmly Hendricks, B. Hendricks, L. Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McEachin McKay McLellan Mitchell Ogburn Pearce Petty Phillips, L. Phillips, O. Rogers, T. Sheheen Shelton Short Simpson Stoddard Sturkie Taylor Toal Townsend Tucker Williams Woodruff
So the House refused to recur to the morning hour.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 24, Rep. SHEHEEN having the floor.
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. CARNELL moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Boan Bradley, J. Bradley, P. Carnell Foxworth Kohn McAbee Rice Stoddard
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Arthur, W. Bailey, G. Bailey, K. Barfield Bennett Blackwell Blanding Brett Brown, R. Burriss, J.H. Burriss, M.D. Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Elliott Faber Fair Felder Ferguson Foster Freeman Gentry Gilbert Gregory Griffin Harris, P. Harvin Hayes Hearn Helmly Hendricks, B. Hendricks, L. Holt Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lake Lewis Lockemy Mangum Martin, D. Martin, L. Mattos McBride McEachin McKay McLellan McLeod Mitchell Ogburn Pearce Petty Phillips, L. Phillips, O. Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Sturkie Taylor Thrailkill Toal Townsend Tucker White Williams Woodruff
So the House refused to adjourn.
Rep. J. BRADLEY moved to continue the Bill.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Blackwell Boan Bradley, J. Bradley, P. Brett Burriss, M.D. Burriss, T.M. Carnell Chamblee Day Elliott Fair Hearn Holt Huff Jones Kay Kohn Mattos McAbee Phillips, L. Rice Rigdon Rogers, T.
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Arthur, J. Arthur, W. Bailey, G. Bailey, K. Brown, G. Brown, R. Burriss, J.H. Cleveland Cooper Cork Dangerfield Davenport Derrick Faber Felder Ferguson Foster Freeman Gentry Gregory Griffin Harris, P. Harvin Hawkins Hayes Helmly Hendricks, B. Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Koon Lake Lewis Limehouse Lockemy Mangum Martin, D. Martin, L. McBride McEachin McLellan McLeod Mitchell Pearce Petty Phillips, O. Rogers, J. Russell Sharpe Sheheen Shelton Short Simpson Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Williams Woodruff
So, the House refused to continue the Bill.
Debate was resumed on Amendment No. 24, which was introduced on Thursday, February 6, by Rep. J. BRADLEY.
Rep. SHEHEEN continued speaking and moved to table the amendment.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Anderson, S. Arthur, J. Bailey, G. Bailey, K. Bennett Blanding Brown, R. Burriss, J.H. Cork Dangerfield Derrick Faber Felder Ferguson Foster Freeman Gentry Gilbert Gregory Griffin Harris, P. Harvin Hawkins Hayes Helmly Hendricks, B. Hendricks, L. Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Koon Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McLeod Mitchell Moss Nettles Ogburn Pearce Petty Rice Rogers, J. Russell Sheheen Shelton Short Simpson Sturkie Taylor Toal Tucker Williams Woodruff
Those who voted in the negative are:
Arthur, W. Aydlette Barfield Blackwell Bradley, J. Bradley, P. Brett Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Davenport Day Elliott Fair Foxworth Hearn Holt Huff Jones Kay Kohn Lake Mattos McAbee McEachin McKay McLellan Phillips, L. Rigdon Rogers, T. Sharpe Thrailkill Townsend Waldrop Washington Winstead
So the amendment was tabled.
Rep. J. BRADLEY moved to strike the enacting words of the Bill.
Rep. SHEHEEN moved to table the motion.
Rep. J. BRADLEY raised the Point of Order that the motion to strike the enacting words was not subject to the motion to table.
Rep. SHEHEEN stated that Rule 8.8 gave the motion to strike the enacting words the same precedence as an amendment, therefore it was subject to the motion to table.
The SPEAKER Pro Tempore overruled the Point of Order.
The question then recurred to the motion to table the motion to strike the enacting words of the Bill.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, S. Arthur, J. Arthur, W. Bailey, G. Bailey, K. Bennett Blanding Brown, R. Burriss, J.H. Carnell Cleveland Cooper Cork Dangerfield Derrick Faber Felder Ferguson Foster Freeman Gentry Gilbert Gregory Griffin Harris, P. Harvin Hawkins Hayes Helmly Hendricks, B. Hendricks, L. Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lewis Limehouse Lockemy Martin, D. Martin, L. McAbee McBride McLellan McLeod Mitchell Nettles Ogburn Pearce Petty Rogers, J. Russell Sharpe Sheheen Shelton Short Simpson Sturkie Taylor Toal Townsend Tucker White Williams Woodruff
Those who voted in the negative are:
Aydlette Barfield Bradley, J. Bradley, P. Brett Burriss, M.D. Chamblee Davenport Day Elliott Fair Foxworth Hearn Holt Huff Jones Kohn Lake Mattos McEachin McKay Moss Phillips, L. Rice Rigdon Rogers, T. Thrailkill Winstead
So, the motion to table the motion to strike the enacting words was agreed to.
Rep. SHEHEEN moved to reconsider the vote whereby the motion to strike the enacting words of the Bill was tabled.
Rep. TOAL moved to table the motion to reconsider.
Rep. J. BRADLEY raised the Point of Order that the motions to clinch the motion to strike the enacting words were improper as procedural motions cannot be clinched, and that the effect of the motion to strike the enacting words was the same as rejection, and rejection cannot be clinched.
Rep. SHEHEEN argued that the motions to table or continue the Bill may be clinched, and the effect of the motion to strike the enacting words was the same, also that motions which are timed may not be clinched, but those that are not may be clinched.
The SPEAKER Pro Tempore stated he would research the precedents and render a ruling later.
Rep. FOXWORTH moved that the House do now adjourn.
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. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Boan Bradley, J. Bradley, P. Brett Carnell Davenport Fair Foxworth Holt Kohn Mattos McAbee Rice Rigdon Thrailkill Washington Winstead
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Arthur, J. Arthur, W. Bailey, G. Bailey, K. Barfield Blackwell Brown, G. Brown, R. Burriss, J.H. Burriss, M.D. Chamblee Cleveland Cooper Cork Dangerfield Derrick Elliott Faber Felder Ferguson Foster Freeman Gentry Gilbert Gregory Griffin Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Hendricks, L. Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lake Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McEachin McKay McLellan McLeod Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Snow Sturkie Taylor Toal Townsend Tucker Waldrop White Williams Woodruff
So the House refused to adjourn.
The SPEAKER Pro Tempore overruled Rep. J. BRADLEY's Point of Order that the motion to strike the enacting words may not be clinched.
The question then recurred to the motion to table the motion to reconsider the vote whereby the motion to strike the enacting words of the Bill was tabled.
Rep. J. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, S. Arthur, J. Arthur, W. Bailey, G. Bailey, K. Blackwell Blanding Brown, G. Brown, R. Burriss, J.H. Cleveland Cooper Dangerfield Ferguson Foster Freeman Gentry Gilbert Gregory Griffin Harris, P. Harvin Hawkins Hayes Helmly Hendricks, B. Hendricks, L. Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lake Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McLellan McLeod Mitchell Neilson Nettles Pearce Petty Rogers, J. Russell Sharpe Sheheen Shelton Short Simpson Sturkie Taylor Toal Townsend Tucker Waldrop White Williams Woodruff
Those who voted in the negative are:
Aydlette Barfield Boan Bradley, J. Bradley, P. Brett Chamblee Cork Davenport Elliott Fair Foxworth Holt Jones Kohn Mattos McEachin McKay Moss Phillips, L. Rawl Rice Rigdon Rogers, T. Thrailkill Washington Winstead
So, the motion to table the motion to reconsider was agreed to.
Rep. J. BRADLEY moved to discharge the Bill.
Rep. TOAL moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, S. Arthur, J. Arthur, W. Bailey, G. Bailey, K. Bennett Blackwell Brown, R. Burriss, J.H. Cleveland Cooper Cork Dangerfield Derrick Faber Ferguson Freeman Gentry Gilbert Gregory Griffin Harris, P. Harvin Hawkins Hayes Hendricks, B. Hendricks, L. Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lake Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McLellan McLeod Mitchell Neilson Nettles Ogburn Pearce Petty Phillips, O. Rogers, J. Russell Sharpe Sheheen Shelton Short Simpson Sturkie Taylor Toal Townsend Tucker Waldrop White Williams Woodruff
Those who voted in the negative are:
Aydlette Barfield Boan Bradley, J. Bradley, P. Burriss, M.D. Chamblee Davenport Day Elliott Felder Foxworth Hearn Holt Huff Kohn Mattos McEachin Phillips, L. Rawl Rice Rigdon Thrailkill Washington Winstead
So, the motion to table the motion to discharge was agreed to.
Rep. WINSTEAD moved to recommit the Bill.
Rep. TOAL moved to table the motion.
Rep. L. MARTIN raised the Point of Order that a Bill which has been set for Special Order may not be recommitted.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. J. BRADLEY requested that the SPEAKER Pro Tempore research the precedents in regard to his ruling that a Special Order Bill may not be recommitted.
The SPEAKER Pro Tempore stated he would research the precedents and reply later.
Rep. TOAL moved to reconsider the vote whereby the motion to discharge was tabled.
Rep. J. BRADLEY raised the Point of Order that the motion to discharge was not subject to the motions to clinch.
The SPEAKER Pro Tempore sustained the Point of Order, citing Rule 8.11.
Rep. J. BRADLEY moved that the House do now adjourn.
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. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, W. Aydlette Boan Bradley, J. Bradley, P. Brett Carnell Davenport Foxworth Holt Kohn Mattos McAbee McKay Rawl Washington Winstead
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Arthur, J. Bailey, K. Barfield Bennett Blackwell Brown, G. Brown, R. Burriss, J.H. Chamblee Cleveland Cooper Cork Dangerfield Day Derrick Faber Fair Felder Ferguson Foster Freeman Gentry Gregory Griffin Harris, P. Harvin Hawkins Hayes Helmly Hendricks, B. Hendricks, L. Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Koon Lake Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McEachin McLellan McLeod Mitchell Neilson Nettles Ogburn Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Sturkie Taylor Toal Townsend Tucker Waldrop White Williams Woodruff
So the House refused to adjourn.
Rep. MANGUM moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.
The SPEAKER Pro Tempore reversed his previous ruling that a Special Order Bill may not be recommitted, and he overruled Rep. L. MARTIN'S original Point of Order.
Rep. P. BRADLEY raised the Point of Order that, as the SPEAKER Pro Tempore had reversed his decision on the motion to recommit the Bill, the motion to recommit should now be before the House.
The SPEAKER Pro Tempore sustained the Point of Order, and stated the pending question was Rep. WINSTEAD's motion to recommit the Bill to the Committee on Judiciary.
The question then recurred to Rep. WINSTEAD'S motion to recommit the Bill.
Rep. TOAL moved to table the motion.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Arthur, J. Bailey, G. Bailey, K. Bennett Blanding Brown, G. Brown, R. Burriss, J.H. Cleveland Cooper Cork Dangerfield Derrick Faber Felder Ferguson Foster Freeman Gentry Gilbert Gregory Griffin Harris, P. Harvin Hawkins Hayes Hendricks, B. Hendricks, L. Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Koon Lake Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McEachin McLellan McLeod Mitchell Neilson Nettles Ogburn Pearce Petty Phillips, L. Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Snow Sturkie Taylor Toal Townsend Tucker Waldrop Williams Woodruff
Those who voted in the negative are:
Aydlette Barfield Blackwell Boan Bradley, J. Bradley, P. Brett Carnell Chamblee Davenport Foxworth Holt Huff Jones Kohn Mattos McAbee Rawl Rice Rigdon Thrailkill Winstead
So, the motion to table the motion to recommit the Bill was agreed to.
Rep. SIMPSON moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Reps. BARFIELD and ELLIOTT proposed the following Amendment No. 25 (Doc. No. 1736R), which was later ruled out of order.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 5-3-300. (A) Notwithstanding any other provision of law, nothing in this chapter shall affect the service area or assets of any special purpose district or public service district (district). Any resident of a municipality residing in the district may apply to a court of competent jurisdiction for a hearing to order any district to cease and desist from furnishing any service inside a municipality if it is shown that the service provided by the district is inadequate or undependable, and cannot or will not be made adequate or dependable within a reasonable time, or that the rates, conditions of service, or service regulations, applied to the consumers, are unreasonably discriminatory. No action, pursuant to this section, involving the same issue may be brought for a period of two years following conclusion of any suit brought under the provisions of this section. In determining the adequacy and dependability of service or whether rates, conditions of service, or service regulations are unreasonably discriminatory, the court may not consider rate differentials between the affected district and the municipality. Upon a finding by the court of inadequacy, undependable, or unreasonably discriminatory service, the court shall order necessary improvements or corrections or the sale of the facilities of the district to the municipality for just compensations provided in subsection (B) of this section.
(B) Within ten days after notice is given by the municipality of its intent to purchase the facilities and properties of the district, the parties shall each select a representative in order to reach an agreement on just compensation. The district shall make its pertinent books and records available to the representative of the municipality. If the representatives are unable to agree on just compensation within a period of sixty days, they shall jointly request the resident judge of the judicial circuit in which the facilities and properties to be purchased are situate to submit a list of five disinterested persons from which the selection of an arbiter must be made. The resident judge shall submit the list within five days after receipt of a request. Within five days after receipt of the list from the resident judge, the representatives of the parties shall meet, and each party has alternate strikes, the first strike to be chosen by lot, until one person remains on the list, and this person is the arbiter, whose expenses and fee for service rendered, as assessed by him against either or both parties, are subject to review by the resident judge. The arbiter shall give each representative an opportunity to be heard, and his decision on just compensation, including reasonable expenses, engineers' and attorneys' fees justifiably incurred by the district as allowed by the arbiter, is final and binding on the parties.
If either party fails to act during the time limitation set forth above for the accomplishment of a particular step within this procedure without the consent of the other party, then the party failing to act forfeits his rights in the selection of an arbiter and his rights to be heard by the arbiter.
For the purposes of this section, 'just compensation' consists of the total of the following:
(a) Reproduction cost, new, of the facilities being acquired, less depreciation on a straight-line basis;
(b) Cost of reintegrating the system of the district after detaching the portion to be sold.
(c) An additional amount, in recognition of the loss of revenue of greater than average value, equivalent to two and one-half times the gross revenue derived by the district from the consumers on the lines being acquired during the twelve months next preceding the first of the month in which notice of purchase was given the district.
The total sum paid by a municipality under the provisions of this section for acquisition of facilities is the original cost of the facilities to be entered on its books and records for all accounting purposes."
SECTION 2. Section 5-3-150 of the 1976 Code is amended to read:
"Section 5-3-150. (1) (A) Any area or property which is contiguous to a city or town municipality may be annexed to the city or town municipality by filing with the municipal governing body a petition signed by seventy-five fifty-five percent or more of the freeholders, as defined in Section 5-3-240 owning at least seventy-five fifty-five percent of the assessed valuation of the real property in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the city or town municipality, the annexation shall be is complete and the election provided for in Sections 5-3-50 through 5-3-270 shall is not be required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed shall be is eligible to vote on such the ordinance. This method of annexation shall be is in addition to any other methods authorized by law ; provided, that and no such property shall may be annexed unless the following has have been complied with: (1) The petition must be dated before the first signature is affixed thereto to it and all necessary signatures must be obtained within six months from the date of the petition; (2) The petition and all signatures thereto to it shall must be open for public inspection at any time on demand of any resident of the municipality or area affected by the proposed annexation or by anyone owning property in the area to be annexed; (3) The petition shall must state the act or code section pursuant to which the proposed annexation is to be accomplished; (4) The petition shall must contain a description of the area to be annexed and there shall must be attached to the petition a plat of the area to be annexed; and (5) Any municipality or any person resident residing therein in the municipality and any person residing in the area to be annexed or owning real property therein in the area is empowered and authorized to institute and maintain a suit in the court of common pleas, or in a county court in those counties where the county courts have concurrent jurisdiction with the court of common pleas in such these matters, and in such the suit such a person may challenge and have adjudicated any issue raised in connection with the proposed or completed annexation.
(2) (B) The conditions relating to petitions set forth in this section shall apply only to the alternate method of annexation as defined in subsection (1) (A) of this section.
(3) (C) Notwithstanding the provisions of subsections (1) (A) and (2) (B) of this section, any area or property which is contiguous to a city or town municipality may be annexed to the city or town municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the city or town municipality, the annexation shall be is complete and the election provided for in Sections 5-3-50 through 5-3-80 shall is not be required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed shall be is eligible to vote on such the ordinance. This method of annexation shall be is in addition to any other methods authorized by law.
(D) When the procedure for annexation provided for in this section is followed, the assessed value of all real and personal property of any single freeholder to be annexed, as defined in Section 5-3-240, shall not at the time of a proposed annexation exceed twenty-five percent of the assessed value of real property of the area proposed to be annexed unless the freeholder has filed with the municipal clerk a written election to have the property considered as part of the area proposed to be annexed for the purposes of the current annexation election."
SECTION 3. Section 5-3-50 of the 1976 Code is amended to read:
"Section 5-3-50. If the city or town municipal council shall find finds that the petition filed pursuant to Section 5-3-20 has been signed by a majority twenty-five percent or more of the freeholders within the territory proposed to be annexed, it may certify that fact to the county commissioners of elections of the county in which the territory is situated. Such The territory shall may not be annexed until such certification is made by the city or town municipal council and an election is held pursuant to Sections 5-3-10 5-3-20 through 5-3-270. If so certified, the county commissioners of elections shall order an election to be held within the corporate limits of the municipality and within the territory proposed to be annexed to such the municipality , on the same date, on the question of extension of the corporate limits of the municipality by annexation of the territory proposed to be annexed."
SECTION 4. Section 5-3-60 of the 1976 Code is amended to read:
"Section 5-3-60. The county commissioners of elections shall give at least ten days' notice prior to the date set for such election by notice signed by the county commissioners of elections and posted in three conspicuous places within the corporate limits of the municipality and also three conspicuous places within the territory proposed to be annexed to the municipality or by similar notice published ten days prior to the time set for such election in a newspaper of general circulation within the corporate limits of the municipality and within the territory proposed to be annexed thereto to the municipality."
SECTION 5. Section 5-3-70 of the 1976 Code is amended to read:
"Section 5-3-70. The election so ordered pursuant to the provisions of Section 5-3-50 shall be is a special election and not a municipal election and shall must be held, regulated, and conducted in accordance with the rules, regulations and provisions prescribed by Chapters 13 and 17 of Title 7, except as is in this chapter otherwise provided. Registered qualified electors residing within the corporate limits of the municipality and registered qualified electors residing within the territory proposed to be annexed to the municipality shall have the same qualifications to vote in such this election as are required of registered qualified electors to vote in State state and county general elections. At such the election the registered qualified electors residing within the corporate limits of the municipality shall vote at the usual voting precincts thereof in boxes provided for that purpose, and the registered qualified electors residing within the territory proposed to be annexed to the named municipality shall vote in a separate box or boxes to be provided for such the purpose within the territory proposed to be annexed and in a precinct or precincts to be designated therein by the county commissioners of elections."
SECTION 6. Section 5-3-80 of the 1976 Code is amended to read:
"Section 5-3-80. The votes cast in such election within the corporate limits of the municipality and the votes cast within the territory proposed to be annexed to the named municipality shall be counted separately and the results thereof declared separately. The county commissioners of elections shall certify the result of such the election to the governing body of the municipality. If a majority of the votes cast by the qualified electors of the municipality and of the territory proposed to be annexed, each aggregated separately, shall each be are in favor of the annexation or if neither gives a majority against the annexation then the council shall publish the result of such the election and declare the annexed territory a part of the city or town municipality."
SECTION 7. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. BARFIELD explained the amendment.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Boan Bradley, J. Bradley, P. Brett Carnell Davenport Elliott Foxworth Holt Kohn Koon McAbee Rigdon Simpson Sturkie Thrailkill Washington Winstead
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Arthur, J. Arthur, W. Bailey, K. Barfield Bennett Blackwell Blanding Brown, G. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Dangerfield Derrick Faber Fair Felder Foster Freeman Gentry Gilbert Gregory Griffin Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Hendricks, L. Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lake Lewis Lockemy Martin, D. Martin, L. Mattos McBride McEachin McKay McLellan McLeod Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Taylor Toal Townsend Tucker Waldrop White Williams Woodruff
So the House refused to adjourn.
Rep. J. BRADLEY raised the Point of Order that the amendment was identical to one which had been adopted and clinched, except for a change of two words, which did not constitute a substantive change. He stated the change which was made was a nullity, as the change was already contained in Section B of the original amendment. He then referenced Mason's Manual, Section 457, subparagraph 2, and stated that in order for a question to be considered a second time, it must be a substantial change, which was not the case in this amendment.
The SPEAKER Pro Tempore sustained the Point of Order and ruled the amendment out of order.
Rep. BLACKWELL moved to table the Bill.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Barfield Blackwell Boan Bradley, J. Bradley, P. Brett Carnell Chamblee Davenport Day Elliott Fair Foxworth Huff Jones Lake Mattos McAbee Phillips, L. Rice Rigdon Rogers, T. Thrailkill Washington Winstead
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Arthur, J. Arthur, W. Bailey, K. Bennett Blanding Brown, G. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cleveland Cooper Cork Dangerfield Derrick Faber Ferguson Foster Freeman Gentry Gilbert Gregory Griffin Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Hendricks, L. Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lewis Lockemy Martin, D. Martin, L. McBride McEachin McKay McLellan McLeod Mitchell Moss Neilson Pearce Petty Rogers, J. Russell Sharpe Sheheen Shelton Short Simpson Taylor Toal Townsend Tucker Waldrop White Williams Woodruff
So the House refused to table the Bill.
Rep. SHORT moved immediate cloture on the entire matter.
Rep. WASHINGTON moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
The question then recurred to the motion to invoke immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Arthur, W. Bailey, K. Brown, G. Brown, R. Burriss, J.H. Cleveland Cooper Dangerfield Faber Ferguson Foster Freeman Gentry Gilbert Gregory Griffin Harris, P. Harvin Hawkins Hayes Helmly Hendricks, B. Hendricks, L. Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Lockemy Martin, L. McBride McLellan Mitchell Neilson Nettles Ogburn Pearce Petty Russell Sharpe Sheheen Short Taylor Toal Townsend Tucker Williams Woodruff
Those who voted in the negative are:
Alexander Arthur, J. Aydlette Barfield Bennett Blackwell Blanding Boan Bradley, J. Brett Burriss, M.D. Burriss, T.M. Carnell Chamblee Cork Davenport Day Derrick Elliott Fair Felder Foxworth Hearn Holt Huff Jones Kay Koon Lake Mangum Martin, D. Mattos McAbee McKay Moss Phillips, L. Phillips, O. Rawl Rice Rigdon Shelton Simpson Sturkie Thrailkill Waldrop Washington White Winstead
So immediate cloture was ordered.
Rep. AYDLETTE requested clarification of the vote necessary to invoke immediate cloture.
The SPEAKER Pro Tempore stated it was simply a majority vote unless a member has the floor at the time of the vote.
Rep. CARNELL moved to continue the Bill.
Rep. TOAL raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Barfield Blackwell Boan Bradley, J. Bradley, P. Brett Burriss, M.D. Carnell Chamblee Cooper Davenport Day Elliott Fair Foxworth Hearn Holt Huff Jones Kay Lake Mattos McAbee Phillips, L. Rigdon Thrailkill Washington Winstead
Those who voted in the negative are:
Schwartz Alexander Altman Arthur, J. Arthur, W. Bailey, K. Bennett Blanding Brown, G. Brown, R. Burriss, J.H. Burriss, T.M. Cleveland Cork Dangerfield Derrick Faber Felder Ferguson Foster Freeman Gentry Gilbert Gregory Griffin Harris, P. Harvin Hawkins Hayes Helmly Hendricks, B. Hendricks, L. Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Koon Lewis Lockemy Martin, D. Martin, L. McBride McLellan McLeod Mitchell Moss Neilson Nettles Pearce Petty Phillips, O. Rice Rogers, J. Russell Sharpe Sheheen Shelton Short Simpson Taylor Toal Townsend Tucker Waldrop White Woodruff
So the House to continue the Bill.
Rep. P. BRADLEY proposed the following Amendment No. 26 (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 in a two-year period./
Renumber sections to conform
Amend title to conform.
Rep. P. BRADLEY explained the amendment.
Rep. TOAL spoke in favor of the amendment.
The amendment was then adopted.
Rep. FOXWORTH proposed the following Amendment No. 27, which was adopted.
Amend as and if amended. Prior to the annexation of a public service district, or a portion thereof by an incorporated area, the incorporated area must publish in local periodicals 45 days prior to the election a comparison of present taxes and assessments as well as the intended tax and assessments for both the public service district and the incorporated area. This projection must be projected for at least one year and publication shall be the responsibility of the municipality.
Rep. FOXWORTH explained the amendment.
Rep. G. BROWN moved that the House do now adjourn.
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. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, W. Aydlette Bailey, K. Barfield Blackwell Boan Bradley, J. Bradley, P. Brett Brown, G. Burriss, M.D. Burriss, T.M. Carnell Cork Davenport Day Elliott Fair Foxworth Gilbert Griffin Hawkins Hearn Kay Koon Lake Mangum Mattos McAbee McKay Mitchell Rawl Rice Russell Simpson Sturkie Washington Winstead
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Arthur, J. Bennett Blanding Brown, R. Burriss, J.H. Chamblee Cleveland Cooper Dangerfield Derrick Faber Felder Ferguson Foster Freeman Gentry Gregory Harris, P. Harvin Hayes Helmly Hendricks, B. Hendricks, L. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kirsh Lewis Lockemy Martin, D. Martin, L. McBride McLellan McLeod Moss Neilson Nettles Ogburn Pearce Petty Phillips, O. Rogers, J. Rogers, T. Sharpe Sheheen Shelton Short Taylor Toal Townsend Tucker Waldrop White Woodruff
So the House refused to adjourn.
The question then recurred to the adoption of Amendment No. 27, which was agreed to.
Rep. TOAL asked unanimous consent to withdraw Amendment No. 29.
Rep. J. BRADLEY raised the Point of Order that an amendment may not be withdrawn once immediate cloture is invoked.
The SPEAKER Pro Tempore stated the principal author of an amendment may withdraw his amendment any time prior to the publication of the amendment, and he overruled the Point of Order.
So the amendment was withdrawn.
Rep. BARFIELD proposed the following Amendment No. 30 (Doc. No. 1738R).
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 replacement 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.
(h) Within ten days after notice is given by the municipality of its intent to purchase the facilities and properties of the district, the parties shall each select a representative in order to reach an agreement on just compensation. The district shall make its pertinent books and records available to the representative of the municipality. If the representatives are unable to agree on just compensation within a period of sixty days, they shall jointly request the resident judge of the judicial circuit in which the facilities and properties to be purchased are situate to submit a list of five disinterested persons from which the selection of an arbiter must be made. The resident judge shall submit the list within five days after receipt of a request. Within five days after receipt of the list from the resident judge, the representatives of the parties shall meet, and each party has alternate strikes, the first strike to be chosen by lot, until one person remains on the list, and this person is the arbiter, whose expenses and fee for service rendered, as assessed by him against either or both parties, are subject to review by the resident judge. The arbiter shall give each representative an opportunity to be heard, and his decision on just compensation, including reasonable expenses, engineers' and attorneys' fees justifiably incurred by the district as allowed by the arbiter, is final and binding on the parties.
If either party fails to act during the time limitation set forth above for the accomplishment of a particular step within this procedure without the consent of the other party, then the party failing to act forfeits his rights in the selection of an arbiter and his rights to be heard by the arbiter.
(i) For the purposes of this section, 'replacement cost' consists of the total of the following:
(1) Reproduction cost, new, of the facilities being acquired, less depreciation on a straightline basis;
(2) Cost of reintegrating the system of the district after detaching the portion to be sold.
(3) An additional amount, in recognition of the loss of revenue of greater than average value, equivalent to two and one-half times the gross revenue derived by the district from the consumers on the facilities being acquired during the twelve months next preceding the first of the month in which notice of purchase was given the district.
The total sum paid by a municipality under the provisions of this section for acquisition of facilities is the original cost of the facilities to be entered on its books and records for all accounting purposes.
(j) As used in this section 'district' means any special purpose district or public service district."
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. BARFIELD asked unanimous consent to withdraw the amendment.
Rep. J. BRADLEY raised the Point of Order that the amendment had been published and therefore could not be withdrawn.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. HOLT moved that the House do now adjourn.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Arthur, J. Arthur, W. Aydlette Barfield Bennett Blackwell Boan Bradley, J. Bradley, P. Brett Brown, G. Burriss, M.D. Carnell Cooper Cork Dangerfield Davenport Day Elliott Felder Ferguson Foxworth Gilbert Gregory Harris, P. Hawkins Hearn Helmly Hendricks, B. Hendricks, L. Holt Johnson, J.C. Kay Koon Mangum Martin, D. Mattos McKay Phillips, L. Phillips, O. Rice Russell Shelton Simpson Thrailkill Townsend Tucker Waldrop Washington Williams Winstead
Those who voted in the negative are:
Schwartz Altman Anderson, S. Blanding Brown, R. Burriss, J.H. Chamblee Derrick Faber Fair Foster Freeman Gentry Griffin Harvin Hayes Huff Johnson, J.W. Jones Keyserling Kirsh Klapman Lewis Martin, L. McAbee McBride McLellan McLeod Moss Neilson Nettles Ogburn Pearce Petty Rogers, J. Rogers, T. Sharpe Sheheen Short Sturkie Taylor Toal White Woodruff
So the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 30, the Reading Clerk reading the amendment.
The Senate returned to the House with concurrence the following:
H. 3370 -- Reps. Schwartz, W. Arthur, Blanding, G. Brown and Griffin: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME WESMARK BOULEVARD AND CARTER ROAD IN SUMTER COUNTY THE ROBERT E. GRAHAM BOULEVARD.
H. 3479 -- Reps. Schwartz, S. Anderson, Alexander, Altman, J. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Blatt, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BERNICE CAREY MORRIS OF PICKENS COUNTY, MOTHER OF THE HONORABLE EARLE E. MORRIS, JR., UPON HER DEATH.
H. 3481 -- Reps. Harvin, Gordon and Snow: A CONCURRENT RESOLUTION TO RECOGNIZE CHARLIE WALKER OF WILLIAMSBURG COUNTY, A LEADER IN THE BROADCASTING INDUSTRY AND AN OUTSTANDING CITIZEN, AND WISH FOR HIM MANY YEARS OF CONTINUED SUCCESS.
H. 3482 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE REVEREND CASTON N. GAMBLE OF LEE COUNTY UPON HIS DEATH.
H. 3483 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION TO CONGRATULATE THE FACULTY AND STAFF OF MARY BRAMLETT ELEMENTARY SCHOOL IN GAFFNEY UPON THE SCHOOL BEING NAMED ONE OF "PALMETTO'S FINEST" BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
At 5:20 P.M. the House in accordance with the motion of Rep. HOLT adjourned to meet at 11:00 A.M. tomorrow.
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