HOUSE JOURNAL for Feb. 13, 1986 - South Carolina Legislature Online

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

THURSDAY, FEBRUARY 13, 1986

Thursday, February 13, 1986
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The House assembled at 11:00 A.M.

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

You have given to us here, good Lord, unique opportunities. For this we are grateful. Use us, we pray, in doing Your will. Make us as concerned about adding lives to our years as we are about adding years to our lives. Keep us so occupied with increasing our own effectiveness that we have no time for downgrading our fellowbeings. Inspire us to see each day as a challenge to use what we have learned in the past, always being worthy Legislators in our private lives as well as in our public service.

Thank You, God, for hearing our prayer. 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. NEILSON.

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

RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 12, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives (Doc. No. 560)

Dear Mrs. Shealy:

The South Carolina Commission on Higher Education is hereby withdrawing and simultaneously resubmitting regulations with minor changes pertaining to the Teacher Loan Program, effective February 11, 1986.

These regulations have been referred to the Education and Public Works Committee.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

RULES AND REGULATIONS RECEIVED

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 12, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives (Doc. No. 677)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 12, 1986 regulations concerning State Funded Compensatory Education from the Department of Education.

They are hereby referred to the Committee on Education and Public Works for consideration.

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 12, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives (Doc. No. 679)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 12, 1986 regulations concerning Guidelines for a Principal Apprenticeship Program from the Department of Education.

They are hereby referred to the Committee on Education and Public Works for consideration.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., February 12, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 209:

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

PROCEEDING OR TO SERVE ON A JURY OF ANY COURT AND TO LIMIT THE AMOUNT OF DAMAGES WHICH MAY BE IMPOSED ON THE EMPLOYER.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 15

Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 3318 -- Reps. Helmly, Evatt, P. Harris, Cooper, Ferguson, Carnell, Lockemy, Beasley and Wilkins: A BILL TO AMEND CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDRENS CODE, BY ADDING ARTICLE 21 SO AS TO ESTABLISH THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH; TO PROVIDE FOR THE PURPOSES OF THE ARTICLE AND THE COUNCIL; TO PROVIDE FOR COUNCIL MEMBERSHIP, THE CHAIRMAN, TERMS, VACANCIES, AND COMPENSATION; TO PROVIDE FOR THE FUNCTIONS OF THE COUNCIL; AND TO PROVIDE FOR HOUSING, FUNDING, AND STAFFING OF THE COUNCIL.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 3486 -- Rep. Gregory: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE NEW HIGHWAY DEPARTMENT BUILDING ON SOUTH CAROLINA HIGHWAY 63 IN COLLETON COUNTY FOR HIGHWAY PATROLMAN WILLIE PEEPLES WHO WAS KILLED IN THE LINE OF DUTY JUNE 7, 1979.

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

That the Department of Highways and Public Transportation is requested to name the new Highway Department building on South Carolina Highway 63 in Colleton County for Highway Patrolman Willie Peeples who was killed in the line of duty June 7, 1979.

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

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

HOUSE RESOLUTION

The following was introduced:

H. 3487 -- Reps. Faber, Taylor, Harvin, K. Bailey, Felder, McBride and Snow: A HOUSE RESOLUTION CALLING UPON THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND CLEMSON UNIVERSITY TO SUBMIT TO THE HOUSE OF REPRESENTATIVES A REPORT DETAILING AND ANALYZING ALL EFFORTS AND ACTIVITIES BEING EMPLOYED TO ERADICATE FIRE ANTS IN THIS STATE AND ALLEVIATE THE PROBLEMS CAUSED BY FIRE ANTS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3488 -- Reps. Koon, Sturkie, Felder, Sharpe, Klapman, J.H. Burriss and Derrick: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF JOHN M. "JOHNNY" BOOZER OF LEXINGTON, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3489 -- Reps. Koon, Sturkie, Felder, Sharpe, J.H. Burriss and Derrick: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. R. STUART MILLER OF LEXINGTON, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 724 -- Senators Lourie, K. Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO INVITE MAJOR GENERAL ROBERT B. SOLOMON, COMMANDING GENERAL OF THE UNITED STATES ARMY TRAINING CENTER AT FORT JACKSON, SOUTH CAROLINA, TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH, 5, 1986.

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

INTRODUCTION OF BILLS

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

H. 3490 -- Rep. Gregory: A BILL TO AMEND SECTION 57-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNS PERMITTED ALONG INTERSTATE OR FEDERAL AID PRIMARY HIGHWAYS, SO AS TO DELETE THE REQUIREMENT LIMITING SIGN REGULATION TO INTERSTATE OR FEDERAL AID PRIMARY HIGHWAYS EFFECTIVE FOR SIGNS ERECTED ON OR AFTER JULY 1, 1986.

Referred to Committee on Education and Public Works.

H. 3491 -- Reps. J.C. Johnson, Sheheen, Carnell, Gentry, Huff, Thrailkill, Pearce, Lockemy, Hayes, McAbee, T. Rogers, Neilson and Toal: A BILL TO REPEAL SECTION 61-9-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHICH PROVIDES THAT IF A PERSON IS CHARGED WITH UNLAWFULLY SELLING BEER OR WINE TO A MINOR, THE MINOR MUST ALSO BE CHARGED WITH THE UNLAWFUL PURCHASE OR POSSESSION OF BEER OR WINE.

Referred to Committee on Judiciary.

H. 3492 -- Reps. Hearn, Taylor, L. Martin, Petty and M.D. Burriss: 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.

H. 3493 -- Rep. M.D. Burriss: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 68 TO ENACT THE SOUTH CAROLINA TRAVEL AGENCY REGULATORY ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 3494 -- Rep. Russell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CIVITAN CLUB OF SPARTANBURG, INCORPORATED.

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

H. 3495 -- Reps. Townsend and Kay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 IN CHAPTER 31 OF TITLE 5, SO AS TO PROVIDE FOR STATE FUNDING FOR MUNICIPAL WATER AND SEWER SYSTEMS BUILDING AND RENOVATION PROJECTS ABOVE CERTAIN LIMITS WHEN THE SYSTEMS DO NOT MEET DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL STANDARDS, TO PROVIDE FOR OPERATION AND MAINTENANCE OF THE IMPROVED WATER AND SEWER SYSTEMS FROM LOCAL SOURCE FUNDS, AND TO RESTRICT CHANGES IN APPLICABLE REGULATIONS.

Referred to Committee on Ways and Means.

S. 694 -- Senator Applegate: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-23-43 SO AS TO PROVIDE FOR SUBDIVISION REGULATIONS FOR RESERVATION AND DEDICATION OF LAND FOR PUBLIC RECREATIONAL PURPOSES OR THE PAYMENT OF CASH CONTRIBUTIONS EARMARKED IN LIEU OF THOSE PURPOSES; SECTION 5-23-45 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL COUNCIL AMENDMENTS TO THE ZONING ORDINANCE WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATION OF LAND EARMARKED FOR PUBLIC PARKING SPACES; SECTION 5-23-47 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANNED RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-685 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANT, RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-687 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE CITY COUNCIL AMENDMENTS TO THE ZONING ORDINANCES WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATIONS OF LAND EARMARKED FOR PUBLIC PARKING SPACES; TO AMEND SECTION 5-23-20, RELATING TO THE DIVISION OF A MUNICIPALITY INTO ZONING DISTRICTS, SO AS TO ADD TO THE POWERS CONFERRED UPON MUNICIPALITIES THE AUTHORITY TO REQUIRE OFF-STREET PARKING AND LOADING AND TO PROVIDE THAT THE REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION MAY PROVIDE THAT LAND, BUILDINGS, AND STRUCTURES AND THE USES THEREOF, WHICH ARE LAWFUL AT THE TIME OF ENACTMENT OR AMENDMENT OF ZONING REGULATIONS, MAY BE CONTINUED; TO AMEND SECTION 5-23-60, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE ZONING COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY APPROVAL OF CONDITIONAL PERMITS AUTHORIZED BY THE ZONING ORDINANCE; TO AMEND SECTION 5-23-620, RELATING TO THE CONTENTS OF REGULATIONS GOVERNING LAND SUBDIVISIONS, SO AS TO MAKE A TECHNICAL AMENDMENT; AND TO AMEND SECTION 5-23-680, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE PLANNING COMMISSION TO THE MUNICIPAL GOVERNING BODY, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND THE APPROVAL OF CONDITIONAL PERMITS.

Referred to Committee on Labor, Commerce and Industry.

H. 3494--ORDERED TO BE READ
THE NEXT TWO SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. RUSSELL, with unanimous consent, it was ordered that H. 3494 be read the second and third times the next two successive legislative days.

ROLL CALL

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

Schwartz               Alexander              Altman
Anderson, J.           Aydlette               Bailey, G.
Bailey, K.             Barfield               Beasley
Bennett                Blackwell              Blanding
Boan                   Bradley, J.            Bradley, P.
Brett                  Brown, G.              Burriss, J.H.
Carnell                Chamblee               Cooper
Dangerfield            Davenport              Day
Derrick                Elliott                Faber
Fair                   Felder                 Foster
Foxworth               Freeman                Gentry
Gilbert                Gordon                 Harris, P.
Harvin                 Hawkins                Hayes
Hearn                  Helmly                 Hendricks, B.
Hendricks, L.          Holt                   Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Kohn                   Koon                   Lake
Lockemy                Mangum                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McKay
McLellan               McTeer                 Mitchell
Moss                   Neilson                Nettles
Ogburn                 Pearce                 Petty
Phillips, L.           Rawl                   Rice
Rogers, J.             Rogers, T.             Russell
Sheheen                Shelton                Simpson
Snow                   Taylor                 Thrailkill
Toal                   Townsend               Tucker
Waldrop                Washington             White
Wilkins                Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 13, 1986.

Lenoir Sturkie                    Crosby Lewis
M. Duke Cleveland                 Jack Gregory
Mickey Burriss                    Eugene C. Stoddard
Charles L. Griffin III            Tom Limehouse
W. Sterling Anderson              Olin R. Phillips
T.M. Burriss                      Tom G. Woodruff, Jr.
John W. McLeod                    Charles Sharpe
Rick Rigdon                       Paul Short
James Arthur                      Warren Arthur

Total--111

LEAVES OF ABSENCE

The SPEAKER granted Reps. H. BROWN, EVATT, RHOAD and J. HARRIS a leave of absence for the day due to illness.

The SPEAKER granted Rep. CORK a leave of absence for the day.

The SPEAKER granted Rep. L. PHILLIPS a leave of absence for the remainder of the day.

STATEMENT FOR JOURNAL

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. MARCHANT a leave of absence for the day.

STATEMENT OF ATTENDANCE

Reps. W.D. ARTHUR and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, February 12, 1986.

DOCTOR OF THE DAY

Announcement was made that Fletcher C. Derrick, Jr. of Charleston, S.C. is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

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.

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

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

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

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

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

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

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

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

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

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

H. 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.

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.

ORDERED ENROLLED FOR RATIFICATION

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

S. 967 -- Senator Long: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SURF-WINDS, INC. OF HORRY COUNTY.

H. 3150--AMENDED AND ORDERED TO THIRD READING

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.

Reps. J. HARRIS and SHARPE proposed the following Amendment No. 1 (Doc. No. 1960R), which was adopted.

Amend the bill, as and if amended, by striking beginning on line 7 of Section 44-51-120 as contained in SECTION 1:

/Any order ~~shall~~ must be conditioned upon the receipt by the court of consent by ~~such~~ the treatment facility./ and inserting /~~Any order shall be conditioned upon the receipt by the court of consent by such treatment facility.~~/

Amend title to conform.

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

OBJECTION TO MOTION

Rep. WHITE asked unanimous consent that H. 3150 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 3227--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill until Wednesday, February 19, 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.

H. 3229--AMENDED AND ORDERED TO THIRD READING

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.

Reps. P. HARRIS and SHARPE proposed the following Amendment No. 1 (Doc. No. 1964R), which was adopted.

Amend the bill, as and if amended, page 1, Section 44-51-130 as contained in SECTION 1, line 44, by striking /judicial/ and inserting /nonemergency/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. WHITE explained the amendment.

The amendment was then adopted.

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

H. 3229--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WHITE, with unanimous consent, it was ordered that H. 3229 be read the third time tomorrow.

H. 2818--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was introduced on Wednesday, February 5, by the Committee on Medical, Military, Public and Municipal Affairs.

Rep. WILKINS explained the amendment.

Rep. GILBERT asked unanimous consent that the time of the speaker be extended 5 minutes, which was agreed to.

Rep. WILKINS continued speaking.

Rep. WINSTEAD asked unanimous consent that the time of the speaker be extended 3 minutes, which was agreed to.

Rep. WILKINS continued speaking.

The amendment was then adopted.

Rep. WILKINS proposed the following Amendment No. 2 (Doc. No. 1729R), which was adopted.

Amend the report, as and if amended, Section 20-7-1820, Section 2, page [A-26], by striking lines 29 through 31 and inserting:

/Section 20-7-1820. Any person may adopt his spouse's child, and any person may adopt a child to whom he is related by blood. In the adoption of these children:/

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

H. 2818--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 2818 be read the third time tomorrow.

S. 885--DEBATE ADJOURNED

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.

H. 3310--REFERRED TO THE BEAUFORT DELEGATION

On motion of Rep. KEYSERLING, with unanimous consent, the following Bill was referred to the Beaufort Delegation.

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.

ORDERED TO THIRD READING

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

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.

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.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

Rep. RAWL moved that the House recur to the morning hour.

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

Yeas 29; Nays 55

Those who voted in the affirmative are:

Alexander              Anderson, S.           Blackwell
Boan                   Bradley, J.            Bradley, P.
Burriss, T.M.          Carnell                Davenport
Day                    Derrick                Foxworth
Hearn                  Holt                   Kohn
Koon                   Limehouse              Mattos
McAbee                 McEachin               McTeer
Rawl                   Rice                   Stoddard
Sturkie                Thrailkill             Waldrop
Washington             Winstead

Total--29

Those who voted in the negative are:

Schwartz               Altman                 Bailey, G.
Bailey, K.             Barfield               Blanding
Brett                  Brown, R.              Burriss, J.H.
Chamblee               Cleveland              Cooper
Elliott                Faber                  Fair
Felder                 Foster                 Freeman
Gentry                 Gregory                Harvin
Hayes                  Hendricks, B.          Hendricks, L.
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Lake                   Lewis
Mangum                 Martin, D.             Martin, L.
McBride                McLellan               McLeod
Mitchell               Moss                   Neilson
Pearce                 Petty                  Rogers, J.
Sheheen                Shelton                Simpson
Taylor                 Toal                   Townsend
Tucker                 White                  Wilkins
Williams

Total--55

So, the House refused to recur to the morning hour.

S. 126--OBJECTIONS WITHDRAWN AND OBJECTION

Upon the withdrawal of objections by Reps. WASHINGTON and WINSTEAD the following Bill was taken up.

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

Rep. BLACKWELL raised the Point of Order that time had expired on the uncontested calendar, therefore it was out of order to take up S. 126 at this time.

Rep. WINSTEAD stated that a similar point had been raised earlier and, according to Rule 5.17, the Bill was up for immediate consideration.

The SPEAKER cited a precedent from January 30, 1986, overruled the Point of Order and stated the pending question was the consideration of S. 126.

Rep. GREGORY objected to the Bill.

H. 2287--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 30, the Reading Clerk reading the amendment.

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.

AMENDMENT NO. 26--DEBATE ADJOURNED ON MOTION
TO RECONSIDER

Rep. P. BRADLEY moved to reconsider the vote whereby Amendment No. 26 was adopted.

Rep. TOAL moved to adjourn debate upon the motion to reconsider, which was adopted.

AMENDMENT NO. 27--DEBATE ADJOURNED ON MOTION
TO RECONSIDER

Rep. FOXWORTH moved to reconsider the vote whereby Amendment No. 27 was adopted.

Rep. TOAL moved to adjourn debate upon the motion to reconsider, which was adopted.

AMENDMENT NO. 30--TABLED

Debate was resumed on Amendment No. 30, which was introduced on Wednesday, February 12, by Rep. BARFIELD.

Rep. CARNELL moved that the House do now adjourn.

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

Yeas 20; Nays 71

Those who voted in the affirmative are:

Aydlette               Boan                   Bradley, J.
Bradley, P.            Carnell                Davenport
Foxworth               Harris, P.             Holt
Kay                    Kohn                   Mangum
McAbee                 Rawl                   Simpson
Townsend               Tucker                 Waldrop
Washington             Winstead

Total--20

Those who voted in the negative are:

Schwartz               Alexander              Arthur, W.
Bailey, G.             Bailey, K.             Barfield
Blackwell              Blanding               Brown, G.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Chamblee               Cleveland              Cooper
Dangerfield            Day                    Derrick
Elliott                Faber                  Felder
Foster                 Freeman                Gentry
Gilbert                Gregory                Harvin
Hawkins                Hayes                  Hearn
Hendricks, B.          Hendricks, L.          Johnson, J.C.
Johnson, J.W.          Jones                  Keyserling
Kirsh                  Klapman                Koon
Lake                   Lewis                  Limehouse
Lockemy                Martin, D.             Martin, L.
McBride                McKay                  McLellan
McLeod                 McTeer                 Mitchell
Moss                   Neilson                Ogburn
Pearce                 Petty                  Phillips, O.
Rice                   Rogers, J.             Rogers, T.
Russell                Sheheen                Shelton
Snow                   Stoddard               Sturkie
Taylor                 Thrailkill             Toal
White                  Williams

Total--71

So the House refused to adjourn.

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

Yeas 25; Nays 63

Those who voted in the affirmative are:

Aydlette               Blackwell              Bradley, J.
Bradley, P.            Brett                  Burriss, M.D.
Carnell                Chamblee               Davenport
Day                    Foxworth               Hearn
Jones                  Kohn                   Mattos
McAbee                 McEachin               McKay
McTeer                 Rice                   Rogers, T.
Snow                   Stoddard               Thrailkill
Winstead

Total--25

Those who voted in the negative are:

Schwartz               Anderson, S.           Arthur, W.
Bailey, G.             Bailey, K.             Barfield
Bennett                Blanding               Brown, G.
Brown, R.              Burriss, J.H.          Cleveland
Cooper                 Dangerfield            Derrick
Elliott                Faber                  Felder
Foster                 Freeman                Gentry
Gilbert                Gordon                 Gregory
Griffin                Harris, P.             Harvin
Hayes                  Helmly                 Hendricks, B.
Hendricks, L.          Holt                   Johnson, J.C.
Johnson, J.W.          Kay                    Keyserling
Kirsh                  Lake                   Lewis
Lockemy                Martin, D.             Martin, L.
McBride                McLellan               McLeod
Mitchell               Moss                   Nettles
Ogburn                 Pearce                 Petty
Phillips, O.           Sheheen                Shelton
Simpson                Taylor                 Toal
Townsend               Tucker                 Waldrop
White                  Williams               Woodruff

Total--63

So the House refused to continue the Bill.

The question then recurred to the adoption of the amendment.

Rep. TOAL moved to table the amendment.

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

Yeas 60; Nays 17

Those who voted in the affirmative are:

Anderson, S.           Arthur, W.             Bailey, G.
Bailey, K.             Blackwell              Blanding
Brown, R.              Burriss, J.H.          Cleveland
Derrick                Elliott                Faber
Felder                 Foster                 Foxworth
Freeman                Gentry                 Gilbert
Harvin                 Hawkins                Hayes
Hendricks, B.          Hendricks, L.          Holt
Johnson, J.C.          Johnson, J.W.          Keyserling
Kirsh                  Klapman                Koon
Lake                   Lewis                  Limehouse
Lockemy                Martin, L.             McBride
McLellan               McLeod                 McTeer
Mitchell               Moss                   Neilson
Nettles                Ogburn                 Pearce
Petty                  Phillips, O.           Rogers, J.
Sheheen                Shelton                Simpson
Sturkie                Taylor                 Toal
Tucker                 Waldrop                White
Williams               Winstead               Woodruff

Total--60

Those who voted in the negative are:

Brett                  Burriss, M.D.          Carnell
Chamblee               Cooper                 Davenport
Day                    Hearn                  Jones
Kay                    McAbee                 McKay
Rawl                   Rice                   Stoddard
Thrailkill             Townsend

Total--17

So the amendment was tabled.

Rep. BARFIELD proposed the following Amendment No. 31 (Doc. No. 1745R), which was tabled.

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 straight-line 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.

(j) For purposes of this section 'district' means any special purpose or public service district which provides water or sewer service, or both."

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.

POINT OF ORDER

Rep. AYDLETTE raised the Point of Order that Amendment No. 31 was identical to the previous amendment.

Rep. TOAL stated the first amendment applied to all public service districts, while the second applied only to water and sewer districts.

The SPEAKER stated a substantial change had been achieved and he overruled the Point of Order.

Rep. TOAL explained the amendment.

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

Rep. BARFIELD proposed the following Amendment No. 32 (Doc. No. 1849R), which was tabled.

(h) For purposes of this section 'district' means any special purpose or public service district except those districts which provide water or sewer service, or both.
Section 5-3-305. (A) Notwithstanding any other provision of law, nothing in this chapter shall affect the service area of any special purpose district or public service district (district). Any resident of a municipality residing in the district may apply to a court of competent jurisdiction for a hearing to order any district to cease and desist from furnishing any service inside a municipality if it is shown that the service provided by the district is inadequate or undependable, and cannot or will not be made adequate or dependable within a reasonable time, or that the rates, conditions of service, or service regulations, applied to the consumers, are unreasonably discriminatory. No action, pursuant to this section, involving the same issue may be brought for a period of two years following conclusion of any suit brought under the provisions of this section. In determining the adequacy and dependability of service or whether rates, conditions of service, or service regulations are unreasonably discriminatory, the court may not consider rate differentials between the affected district and the municipality. Upon a finding by the court of inadequacy, undependable, or unreasonably discriminatory service, the court shall order necessary improvements or corrections or the sale of the facilities of the district to the municipality for the replacement cost 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 the replacement cost. The district shall make its pertinent books and records available to the representative of the municipality. If the representatives are unable to agree on the replacement cost 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 the replacement cost, including reasonable expenses, engineers' and attorneys' fees justifiably incurred by the district as allowed by the arbiter, is final and binding on the parties.

For the purposes of this section, 'replacement cost' 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.

(d) For purposes of this section, 'district' means any special purpose or public service district which provides water or sewer service, or both."
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.

Amend title to conform.

POINT OF ORDER

Rep. AYDLETTE raised the Point of Order that the amendment was identical to previous amendments.

The SPEAKER stated substantial changes had been made and he overruled the Point of Order.

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

PARLIAMENTARY INQUIRY

Rep. P. BRADLEY made inquiry as to the reason Rep. BARFIELD was not allowed to withdraw his amendment.

The SPEAKER stated that once immediate cloture was invoked and no further amendments could be placed at the desk, a member who withdrew an amendment might be taking away a vehicle for another member who had not placed an amendment at the desk, thinking that he was covered by the one being considered for withdrawal. He then stated that it would be necessary to table the amendment.

Rep. BARFIELD proposed the following Amendment No. 33 (Doc. No. 1950R), which was tabled.

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 compensation as 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.

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 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.

(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 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 majority against the annexation~~ then the council shall publish the result of ~~such~~ the election and declare the annexed territory a part of the ~~city or town~~ municipality."
SECTION 7. This act shall take effect upon approval by the Governor.

Amend title to conform.

Rep. BLACKWELL spoke in favor of the amendment.

PARLIAMENTARY INQUIRY

Rep. P. BRADLEY inquired whether it was proper to ask unanimous consent to extend the member's speaking time while under cloture.

The SPEAKER stated that there was no provision for extension of time in the House Rules, but that if there was no objection to the unanimous consent request, there would not be a Point of Order raised.

Rep. P. BRADLEY asked unanimous consent that the time of the speaker be extended three minutes.

Rep. J. BRADLEY objected.

Rep. WASHINGTON requested that the amendment be read.

The Reading Clerk read the amendment.

Rep. FOXWORTH moved that the House do now adjourn.

POINT OF ORDER

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

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

Yeas 16; Nays 73

Those who voted in the affirmative are:

Arthur, W.             Aydlette               Bennett
Boan                   Bradley, J.            Bradley, P.
Brett                  Carnell                Davenport
Foxworth               Griffin                Helmly
Kay                    Mangum                 McAbee
Simpson

Total--16

Those who voted in the negative are:

Schwartz               Alexander              Anderson, S.
Bailey, G.             Barfield               Blackwell
Blanding               Burriss, J.H.          Burriss, M.D.
Chamblee               Cleveland              Cooper
Dangerfield            Day                    Derrick
Elliott                Faber                  Felder
Foster                 Freeman                Gentry
Gilbert                Harris, P.             Harvin
Hawkins                Hayes                  Hearn
Hendricks, B.          Hendricks, L.          Holt
Johnson, J.C.          Johnson, J.W.          Jones
Keyserling             Kirsh                  Klapman
Koon                   Lake                   Lewis
Limehouse              Lockemy                Martin, D.
Martin, L.             Mattos                 McBride
McEachin               McKay                  McLellan
Moss                   Neilson                Nettles
Ogburn                 Pearce                 Phillips, O.
Rice                   Rogers, T.             Sharpe
Sheheen                Shelton                Short
Stoddard               Sturkie                Taylor
Thrailkill             Toal                   Townsend
Tucker                 Waldrop                White
Wilkins                Williams               Winstead
Woodruff

Total--73

So the House refused to adjourn.

LEAVE OF ABSENCE

The SPEAKER granted Rep. THRAILKILL a leave of absence for the remainder of the day.

The Reading Clerk continued reading the amendment.

Rep. BARFIELD explained the amendment.

Reps. SIMPSON and TOAL spoke against the amendment.

Rep. TOAL moved to table the amendment.

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

Yeas 56; Nays 36

Those who voted in the affirmative are:

Anderson, S.           Aydlette               Bailey, G.
Bailey, K.             Blanding               Boan
Brown, R.              Faber                  Foster
Freeman                Gentry                 Gilbert
Gordon                 Gregory                Harris, P.
Harvin                 Hawkins                Hayes
Helmly                 Hendricks, B.          Hendricks, L.
Holt                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Koon
Limehouse              Lockemy                Martin, D.
McBride                McEachin               McLeod
Mitchell               Moss                   Nettles
Pearce                 Phillips, O.           Rogers, J.
Sheheen                Shelton                Short
Simpson                Sturkie                Taylor
Toal                   Tucker                 Waldrop
Washington             White                  Williams
Winstead               Woodruff

Total--56

Those who voted in the negative are:

Schwartz               Alexander              Arthur, W.
Barfield               Blackwell              Bradley, J.
Bradley, P.            Brett                  Brown, G.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cooper
Davenport              Day                    Derrick
Fair                   Felder                 Foxworth
Hearn                  Lake                   Martin, L.
Mattos                 McAbee                 McTeer
Petty                  Rawl                   Rice
Rigdon                 Rogers, T.             Sharpe
Snow                   Stoddard               Townsend

Total--36

So the amendment was tabled.

Rep. BARFIELD proposed the following Amendment No. 34 (Doc. No. 1947R), which was tabled.

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.

(h) For purposes of this section 'district' means any special purpose or public service district except those districts which provide water or sewer service, or both.

Section 5-3-305. (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 the replacement cost provided in subsection (B) of this section.

For the purposes of this section, 'replacement cost' consists of the total of the following:

(a) Reproduction cost, new, of the facilities being acquired, less depreciation on a straightline basis;

(b) Cost of reintegrating the system of the district after detaching the portion to be sold.

~~(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.

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.

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. G. BROWN moved that the House do now adjourn.

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

Yeas 26; Nays 66

Those who voted in the affirmative are:

Anderson, S.           Boan                   Bradley, J.
Bradley, P.            Brett                  Brown, G.
Burriss, T.M.          Carnell                Cooper
Davenport              Fair                   Foxworth
Harris, P.             Hendricks, B.          Holt
Kay                    Lake                   Limehouse
Mangum                 Mattos                 McAbee
Rawl                   Rice                   Rigdon
Simpson                Washington

Total--26

Those who voted in the negative are:

Schwartz               Alexander              Arthur, J.
Bailey, G.             Bailey, K.             Barfield
Blackwell              Blanding               Brown, R.
Burriss, M.D.          Dangerfield            Day
Derrick                Elliott                Faber
Felder                 Foster                 Freeman
Gentry                 Gilbert                Gordon
Gregory                Harvin                 Hayes
Hearn                  Helmly                 Hendricks, L.
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Keyserling             Kirsh
Klapman                Lewis                  Lockemy
Martin, D.             Martin, L.             McBride
McEachin               McKay                  McTeer
Mitchell               Moss                   Neilson
Nettles                Pearce                 Petty
Phillips, O.           Rogers, J.             Sharpe
Sheheen                Shelton                Short
Stoddard               Sturkie                Taylor
Toal                   Townsend               Tucker
Waldrop                White                  Wilkins
Williams               Winstead               Woodruff

Total--66

So the House refused to adjourn.

RULE 3.9 INVOKED

Rep. WINSTEAD moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

Rep. FREEMAN asked unanimous consent to have the amendment explained instead of being read.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that, under the House rules, there is no provision that gives a member the right to have an amendment read, and cited a precedent in 1976 to that effect.

Rep. J. BRADLEY stated that the purpose of requesting that the amendments be read was to assist the members in understanding the content and any changes in the amendments. He further stated that the three minutes allowed for the author to explain the amendment was inadequate for a lengthy amendment.

The SPEAKER cited Section 112, subparagraph 3 of Mason's Manual to the effect that a member does not have the right to have amendments read, independent of the will of the body, but that if it is for informational purposes, the Speaker should direct the amendment to be read. The SPEAKER further stated that, in the case of the several amendments in question, he understood that they were simply rewrites of an amendment previously adopted, and that he would ask either the author or an interested member to explain the substantial changes during the three minutes allotted for that purpose.

Rep. AYDLETTE then cited Section 112, subparagraph 1 of Mason's Manual to the effect that members do have the right to have read papers which have not printed and which are up for a vote.

The SPEAKER stated that the House is guided by the House Rules, and when they are silent, by precedent, and only in the case of no relevant precedent, do they refer to Mason's Manual for guidance. He further stated that in this case, there is ample precedence and he sustained Rep. SHEHEEN's Point of Order. He further clarified his ruling by stating that he was not, in any way, precluding a member's right to have an amendment read if it is deemed necessary in order for the member to understand prior to a vote.

LEAVE OF ABSENCE

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

Rep. TOAL explained the amendment.

Rep. TOAL moved to table the amendment.

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

Yeas 67; Nays 20

Those who voted in the affirmative are:

Arthur, J.             Aydlette               Bailey, G.
Bailey, K.             Blackwell              Blanding
Boan                   Bradley, J.            Bradley, P.
Brown, R.              Burriss, J.H.          Cleveland
Dangerfield            Davenport              Elliott
Faber                  Fair                   Felder
Foster                 Foxworth               Freeman
Gentry                 Gordon                 Gregory
Harris, P.             Harvin                 Hawkins
Hayes                  Helmly                 Hendricks, L.
Holt                   Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Lewis                  Lockemy
Martin, D.             Martin, L.             McBride
McEachin               McLellan               McLeod
McTeer                 Mitchell               Moss
Nettles                Ogburn                 Pearce
Phillips, O.           Rawl                   Rigdon
Sharpe                 Sheheen                Shelton
Short                  Simpson                Toal
Tucker                 Waldrop                Washington
White                  Williams               Winstead
Woodruff

Total--67

Those who voted in the negative are:

Schwartz               Anderson, S.           Barfield
Burriss, M.D.          Carnell                Chamblee
Cooper                 Day                    Derrick
Griffin                Hearn                  Huff
Jones                  Koon                   Lake
McAbee                 Petty                  Rice
Stoddard               Townsend

Total--20

So the amendment was tabled.

Rep. GREGORY moved that the House recede until 2:30.

Rep. SIMPSON moved that the House do now adjourn.

POINT OF ORDER

Rep. GORDON 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:

Yeas 27; Nays 63

Those who voted in the affirmative are:

Arthur, W.             Boan                   Bradley, J.
Bradley, P.            Brett                  Brown, G.
Carnell                Cooper                 Davenport
Fair                   Foxworth               Griffin
Harris, P.             Hawkins                Holt
Lake                   Limehouse              Mangum
Mattos                 McAbee                 Petty
Rawl                   Rice                   Rigdon
Simpson                Sturkie                Washington

Total--27

Those who voted in the negative are:

Schwartz               Alexander              Anderson, S.
Arthur, J.             Bailey, G.             Bailey, K.
Barfield               Blackwell              Blanding
Burriss, J.H.          Chamblee               Dangerfield
Day                    Derrick                Elliott
Faber                  Felder                 Foster
Freeman                Gentry                 Gilbert
Gordon                 Gregory                Harvin
Hayes                  Helmly                 Hendricks, L.
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Keyserling             Kirsh
Klapman                Koon                   Lewis
Lockemy                Martin, D.             Martin, L.
McBride                McEachin               McLellan
McTeer                 Mitchell               Moss
Nettles                Ogburn                 Pearce
Phillips, O.           Rogers, T.             Sharpe
Sheheen                Shelton                Short
Taylor                 Toal                   Townsend
Tucker                 Waldrop                White
Williams               Winstead               Woodruff

Total--63

So the House refused to adjourn.

PARLIAMENTARY INQUIRY

Rep. BLACKWELL inquired as to the posture of the House in regard to length of time allowed a member to speak upon the Bill once cloture has been invoked.

The SPEAKER replied that each member, if they had not spoken twice on the Bill previously, would be allowed to speak for up to ten minutes, with the provision that there is one hour allowed for the opponents and one hour allowed for the proponents.

The question then recurred to the motion to recede until 2:30.

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

Yeas 18; Nays 72

Those who voted in the affirmative are:

Aydlette               Blackwell              Bradley, J.
Bradley, P.            Brett                  Brown, G.
Burriss, J.H.          Carnell                Davenport
Derrick                Felder                 Foxworth
Gregory                Hendricks, L.          Kay
McAbee                 Rawl                   Rigdon

Total--18

Those who voted in the negative are:

Schwartz               Alexander              Anderson, S.
Arthur, J.             Arthur, W.             Bailey, G.
Bailey, K.             Barfield               Blanding
Boan                   Brown, R.              Burriss, M.D.
Chamblee               Cooper                 Dangerfield
Day                    Elliott                Faber
Fair                   Foster                 Freeman
Gentry                 Gilbert                Gordon
Griffin                Harris, P.             Harvin
Hayes                  Hearn                  Helmly
Holt                   Johnson, J.C.          Johnson, J.W.
Jones                  Kirsh                  Klapman
Koon                   Lake                   Lockemy
Mangum                 Martin, D.             Martin, L.
Mattos                 McBride                McEachin
McLellan               McLeod                 McTeer
Mitchell               Moss                   Nettles
Ogburn                 Pearce                 Petty
Phillips, O.           Rice                   Rogers, J.
Rogers, T.             Sharpe                 Sheheen
Shelton                Simpson                Sturkie
Taylor                 Toal                   Townsend
Tucker                 Waldrop                Washington
White                  Winstead               Woodruff

Total--72

So the House refused to recede until 2:30.

Rep. P. BRADLEY proposed the following Amendment No. 35 (Doc. No. 1379R), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___. The 1976 Code is amended by adding:

"Section 5-3-285. (A) Any freeholder of property which is in a municipality and is contiguous to an unincorporated area or to another municipality may take action as provided in this section to sever his property from the municipality in which it is located and become unincorporated or become part of the municipality to which his property is contiguous.

(B) The freeholder owning the property described in subsection (A) of this section must notify in writing, by registered mail, all governing bodies affected of his intentions. The action he chooses shall take effect thirty days from the receipt of the notice by the governing body of the municipality from which the freeholder's property is to be severed.

(C) Any taxes due by the freeholder must be paid to the municipality from which his property is severed and must be paid when all other ad valorem taxes are paid."/

Renumber sections to conform.

Amend title to conform.

Rep. P. BRADLEY explained the amendment.

Rep. TOAL spoke against the amendment and moved to table the amendment.

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

Yeas 72; Nays 18

Those who voted in the affirmative are:

Schwartz               Alexander              Anderson, S.
Arthur, J.             Arthur, W.             Bailey, G.
Bailey, K.             Barfield               Bennett
Blanding               Brett                  Brown, R.
Burriss, J.H.          Cooper                 Dangerfield
Day                    Derrick                Elliott
Faber                  Felder                 Foster
Freeman                Gentry                 Gilbert
Gordon                 Gregory                Griffin
Harris, P.             Harvin                 Hayes
Helmly                 Hendricks, L.          Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Koon                   Lewis
Lockemy                Martin, D.             Martin, L.
McBride                McLellan               McLeod
McTeer                 Mitchell               Moss
Nettles                Ogburn                 Pearce
Petty                  Phillips, O.           Rogers, J.
Sharpe                 Sheheen                Shelton
Short                  Simpson                Sturkie
Taylor                 Toal                   Townsend
Tucker                 Waldrop                Wilkins
Williams               Winstead               Woodruff

Total--72

Those who voted in the negative are:

Aydlette               Blackwell              Bradley, J.
Bradley, P.            Burriss, M.D.          Carnell
Davenport              Fair                   Foxworth
Hearn                  Lake                   Mattos
McAbee                 McEachin               Rice
Rigdon                 Snow                   Stoddard

Total--18

So the amendment was tabled.

Rep. P. BRADLEY proposed the following Amendment No. 36 (Doc. No. 1382R), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___. In conducting an election pursuant to the provisions of Chapter 3 of Title 5 of the 1976 Code, the municipality may incur only those expenses associated directly with the conduct of the election. In no instance may municipal funds be used to advertise an election held under the provisions of Chapter 3 of Title 5 of the 1976 Code./

Renumber sections to conform.

Amend totals to conform.

Rep. P. BRADLEY explained the amendment.

LEAVE OF ABSENCE

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

Rep. TOAL spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 59 to 21.

Rep. P. BRADLEY proposed the following Amendment No. 37, which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered Section to read:

SECTION ___. In the event of fraud at any stage of the annexation process as provided for herein above, said annexation shall be null and void and without effect. This shall not effect any other remedies of law.

Amend to conform.

Rep. P. BRADLEY explained the amendment.

Rep. TOAL moved to table the amendment.

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

Yeas 55; Nays 24

Those who voted in the affirmative are:

Schwartz               Anderson, S.           Arthur, J.
Arthur, W.             Bailey, G.             Bailey, K.
Barfield               Blanding               Burriss, J.H.
Burriss, M.D.          Dangerfield            Day
Elliott                Faber                  Felder
Foster                 Freeman                Gentry
Gilbert                Gregory                Harris, P.
Hawkins                Hayes                  Hearn
Helmly                 Hendricks, B.          Holt
Johnson, J.C.          Johnson, J.W.          Keyserling
Kirsh                  Lake                   Limehouse
Martin, D.             Martin, L.             McBride
McEachin               McKay                  McLellan
McTeer                 Mitchell               Nettles
Ogburn                 Pearce                 Phillips, O.
Rogers, J.             Sharpe                 Sheheen
Shelton                Short                  Simpson
Taylor                 Tucker                 Williams
Woodruff

Total--55

Those who voted in the negative are:

Blackwell              Boan                   Bradley, J.
Bradley, P.            Brett                  Carnell
Cooper                 Davenport              Derrick
Fair                   Gordon                 Kay
Koon                   Lockemy                Mattos
McAbee                 Moss                   Petty
Rice                   Snow                   Stoddard
Sturkie                Townsend               Winstead

Total--24

So the amendment was tabled.

Reps. LEWIS and TOAL proposed the following Amendment No. 38 (Doc. No. 1272R), which was tabled.

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

Amend title to conform.

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

Rep. KOON proposed the following Amendment No. 39 which was tabled.

Amend, as and if amended, any area annexed to an incorporated area shall be regulated by the sub-division regulations of the County with respect on roads, water and sewer including bonding requirements for a period of three years in the event a plan is submitted for an approved sub-division unless the municipal regulations are more restrictive.

Amend title to conform.

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

Reps. P. BRADLEY and FOXWORTH proposed the following amendment No. 40, which was tabled.

Amend, and as if amended, by adding an appropriately numbered section to read:

Section ___. No area may be annexed into a city or municipality without an affirmative vote of both the area to be annexed and the municipality.

Amend to conform.

Rep. P. BRADLEY explained the amendment.

Rep. TOAL spoke against the amendment and moved to table the amendment.

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

Yeas 66; Nays 27

Those who voted in the affirmative are:

Schwartz               Alexander              Anderson, S.
Arthur, J.             Arthur, W.             Bailey, G.
Bailey, K.             Barfield               Blanding
Brown, G.              Brown, R.              Burriss, J.H.
Cleveland              Cooper                 Dangerfield
Elliott                Faber                  Felder
Foster                 Freeman                Gentry
Gilbert                Gregory                Griffin
Harris, P.             Hayes                  Helmly
Hendricks, B.          Hendricks, L.          Holt
Johnson, J.W.          Kay                    Keyserling
Kirsh                  Klapman                Koon
Lake                   Limehouse              Martin, D.
Martin, L.             McBride                McLellan
McLeod                 McTeer                 Mitchell
Moss                   Nettles                Ogburn
Pearce                 Petty                  Phillips, O.
Rogers, J.             Rogers, T.             Sharpe
Sheheen                Shelton                Short
Simpson                Stoddard               Sturkie
Taylor                 Toal                   Tucker
Waldrop                Williams               Woodruff

Total--66

Those who voted in the negative are:

Aydlette               Blackwell              Boan
Bradley, J.            Bradley, P.            Brett
Burriss, M.D.          Carnell                Chamblee
Davenport              Derrick                Fair
Foxworth               Gordon                 Hearn
Huff                   Johnson, J.C.          Jones
Lockemy                Mattos                 McAbee
McEachin               McKay                  Rice
Snow                   Townsend               Winstead

Total--27

So the amendment was tabled.

AMENDMENT NO. 7--TABLED

Debate was resumed on Amendment No. 7, which was introduced on Wednesday, February 5, l986, by Rep. KOON.

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

AMENDMENT NO. 26--MOTION TO RECONSIDER TABLED

The motion of Rep. P. BRADLEY to reconsider the vote whereby Amendment No. 26 was adopted was taken up.

Rep. P. BRADLEY moved to table the motion to reconsider which was agreed to.

AMENDMENT NO. 27--MOTION TO RECONSIDER TABLED

The motion of Rep. FOXWORTH to reconsider the vote whereby Amendment No. 27 was adopted was taken up.

Rep. FOXWORTH moved to table the motion to reconsider which was agreed to.

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

POINT OF ORDER

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

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

Yeas 19; Nays 67

Those who voted in the affirmative are:

Aydlette               Boan                   Bradley, J.
Bradley, P.            Brett                  Burriss, M.D.
Burriss, T.M.          Carnell                Cooper
Davenport              Fair                   Foxworth
Gordon                 Harris, P.             Hearn
Martin, D.             McAbee                 Rice
Simpson

Total--19

Those who voted in the negative are:

Schwartz               Alexander              Anderson, S.
Arthur, J.             Arthur, W.             Bailey, G.
Bailey, K.             Barfield               Blackwell
Blanding               Brown, R.              Burriss, J.H.
Chamblee               Cleveland              Dangerfield
Day                    Derrick                Elliott
Faber                  Felder                 Foster
Freeman                Gentry                 Gregory
Hayes                  Hendricks, B.          Holt
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Koon                   Lake
Limehouse              Lockemy                Martin, L.
McBride                McEachin               McKay
McLellan               McTeer                 Mitchell
Moss                   Ogburn                 Pearce
Petty                  Phillips, O.           Rogers, J.
Rogers, T.             Sharpe                 Sheheen
Shelton                Short                  Stoddard
Sturkie                Taylor                 Toal
Townsend               Tucker                 Waldrop
White                  Williams               Winstead
Woodruff

Total--67

So the House refused to adjourn.

Rep. HOLT moved to rescind Rule 3.9.

POINT OF ORDER

Rep. TOAL raised the Point of Order that once Rule 3.9 is invoked the House may not rescind the Rule.

The SPEAKER, citing precedent, stated that the House, by motion, may rescind the invocation of Rule 3.9, and he overruled the Point of Order.

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

Yeas 62; Nays 20

Those who voted in the affirmative are:

Schwartz               Alexander              Anderson, S.
Arthur, J.             Arthur, W.             Aydlette
Bailey, G.             Bailey, K.             Blackwell
Blanding               Boan                   Brett
Brown, G.              Brown, R.              Burriss, M.D.
Cooper                 Dangerfield            Day
Derrick                Elliott                Fair
Felder                 Gentry                 Gilbert
Gordon                 Gregory                Griffin
Harris, P.             Hearn                  Helmly
Hendricks, B.          Hendricks, L.          Holt
Huff                   Johnson, J.C.          Kay
Koon                   Lake                   Martin, D.
Martin, L.             Mattos                 McEachin
McKay                  McTeer                 Mitchell
Moss                   Nettles                Petty
Phillips, O.           Rice                   Rigdon
Short                  Simpson                Snow
Sturkie                Townsend               Tucker
Waldrop                White                  Williams
Winstead               Woodruff

Total--62

Those who voted in the negative are:

Barfield               Bradley, J.            Bradley, P.
Burriss, J.H.          Cleveland              Davenport
Faber                  Foster                 Freeman
Hayes                  Johnson, J.W.          Keyserling
Kirsh                  Lockemy                McBride
McLellan               Rogers, T.             Sheheen
Taylor                 Toal

Total--20

So, Rule 3.9 was rescinded.

Rep. BLACKWELL spoke against the Bill.

Rep. J. BRADLEY moved to continue the Bill.

POINT OF ORDER

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:

Yeas 26; Nays 65

Those who voted in the affirmative are:

Aydlette               Blackwell              Boan
Bradley, J.            Bradley, P.            Brett
Burriss, M.D.          Carnell                Chamblee
Cooper                 Davenport              Day
Fair                   Foxworth               Gordon
Hearn                  Jones                  Lake
Mattos                 McAbee                 McEachin
McKay                  McTeer                 Rice
Rigdon                 Rogers, T.

Total--26

Those who voted in the negative are:

Schwartz               Alexander              Anderson, S.
Arthur, J.             Arthur, W.             Bailey, G.
Bailey, K.             Barfield               Blanding
Brown, G.              Brown, R.              Burriss, J.H.
Burriss, T.M.          Cleveland              Dangerfield
Derrick                Elliott                Faber
Felder                 Foster                 Freeman
Gentry                 Gilbert                Harris, P.
Hayes                  Helmly                 Hendricks, B.
Hendricks, L.          Holt                   Johnson, J.C.
Johnson, J.W.          Kay                    Keyserling
Kirsh                  Klapman                Limehouse
Lockemy                Martin, D.             Martin, L.
McBride                McLellan               McLeod
Mitchell               Moss                   Nettles
Ogburn                 Pearce                 Petty
Phillips, O.           Rogers, J.             Sharpe
Sheheen                Shelton                Short
Simpson                Stoddard               Sturkie
Taylor                 Toal                   Townsend
Tucker                 Waldrop                White
Williams               Woodruff

Total--65

So the House refused to continue the Bill.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BENNETT a leave of absence for the remainder of the day.

Reps. P. BRADLEY, FOXWORTH, J. BRADLEY AND MATTOS spoke against the Bill.

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

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 69; Nays 33

Those who voted in the affirmative are:

Schwartz               Anderson, S.           Arthur, J.
Arthur, W.             Bailey, G.             Bailey, K.
Barfield               Blanding               Brown, G.
Brown, R.              Burriss, J.H.          Burriss, T.M.
Cleveland              Dangerfield            Elliott
Faber                  Felder                 Foster
Freeman                Gilbert                Harris, P.
Harvin                 Hawkins                Hayes
Helmly                 Hendricks, B.          Hendricks, L.
Holt                   Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Koon                   Limehouse
Lockemy                Mangum                 Martin, D.
Martin, L.             McBride                McLellan
McLeod                 Mitchell               Moss
Neilson                Nettles                Ogburn
Pearce                 Petty                  Phillips, O.
Rogers, J.             Sharpe                 Sheheen
Shelton                Short                  Simpson
Stoddard               Sturkie                Taylor
Toal                   Townsend               Tucker
Waldrop                White                  Wilkins
Williams               Winstead               Woodruff

Total--69

Those who voted in the negative are:

Alexander              Aydlette               Blackwell
Boan                   Bradley, J.            Bradley, P.
Brett                  Burriss, M.D.          Carnell
Chamblee               Cooper                 Davenport
Day                    Derrick                Fair
Foxworth               Gentry                 Gordon
Hearn                  Huff                   Jones
Kohn                   Lake                   Mattos
McAbee                 McEachin               McKay
McTeer                 Rawl                   Rice
Rigdon                 Rogers, T.             Washington

Total--33

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

H. 2287--MOTION TO RECONSIDER NOTED

Rep. TOAL moved to reconsider the vote whereby the Bill was given a second reading.

Rep. FREEMAN moved to table the motion.

STATEMENT FOR JOURNAL

I wish to be recorded as voting against 2287.
Rep. THOMAS N. RHOAD

Rep. WINSTEAD moved that the House do now adjourn.

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

Yeas 48; Nays 39

Those who voted in the affirmative are:

Alexander              Arthur, J.             Aydlette
Bailey, K.             Blanding               Boan
Bradley, J.            Bradley, P.            Brett
Brown, G.              Burriss, M.D.          Carnell
Chamblee               Cooper                 Davenport
Day                    Derrick                Fair
Felder                 Foxworth               Gentry
Hearn                  Holt                   Huff
Jones                  Kay                    Lake
Limehouse              Mangum                 Martin, L.
Mattos                 McAbee                 McEachin
McKay                  McLeod                 Moss
Petty                  Phillips, O.           Rawl
Rice                   Rogers, T.             Sharpe
Shelton                Simpson                Stoddard
Townsend               Washington             Winstead

Total--48

Those who voted in the negative are:

Schwartz               Anderson, S.           Arthur, W.
Bailey, G.             Barfield               Brown, R.
Burriss, J.H.          Burriss, T.M.          Dangerfield
Elliott                Faber                  Foster
Freeman                Gilbert                Gordon
Harvin                 Hendricks, L.          Johnson, J.C.
Johnson, J.W.          Keyserling             Kirsh
Klapman                Lockemy                Martin, D.
McBride                McLellan               McTeer
Nettles                Ogburn                 Pearce
Rogers, J.             Sheheen                Short
Taylor                 Toal                   Tucker
White                  Wilkins                Woodruff

Total--39

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being Rep. FREEMAN's motion to table the motion to reconsider the vote whereby the Bill was given a second reading.

INTRODUCTION OF BILL

On motion of Rep. STODDARD, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3496 -- Reps. Faber, J. Rogers, McBride, K. Bailey, Taylor, Toal, Altman, T. Rogers, White, Mitchell, Harvin and Hearn: A BILL TO ENACT THE SOUTH CAROLINA EMPLOYMENT REVITALIZATION ACT OF 1986 BY ADDING SECTION 59-5-61 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR THE RESPONSIBILITY OF THE STATE BOARD OF EDUCATION IN REGARD TO SECONDARY OCCUPATIONAL VOCATIONAL EDUCATION; TO AMEND SECTION 59-43-20 RELATING TO THE POWERS OF THE STATE BOARD OF EDUCATION IN REGARD TO ADULT EDUCATION SO AS TO FURTHER PROVIDE FOR THESE POWERS; TO AMEND SECTION 59-53-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO ADD TWO AT-LARGE MEMBERS TO THE BOARD, TO PROVIDE THAT THE STATE COUNCIL ON VOCATIONAL AND TECHNICAL EDUCATION SHALL ALSO SERVE AS THE STATE OCCUPATIONAL TRAINING ADVISORY COMMITTEE WITH SPECIFIED RESPONSIBILITIES; TO AMEND SECTION 59-53-20, AS AMENDED, RELATING TO THE AUTHORITY OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION OVER STATE-SUPPORTED TECHNICAL INSTITUTIONS AND PROGRAMS, SO AS TO FURTHER PROVIDE FOR THIS AUTHORITY WITH REGARD TO OCCUPATIONAL AND TECHNICAL TRAINING FOR ADULTS; TO AMEND SECTION 59-53-40, AS AMENDED, RELATING TO COORDINATION BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION WITH THE COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE BOARD AND THE LOCAL AREA COMMISSIONS SHALL INSURE COORDINATION AMONG PUBLIC AND PRIVATE ENTITIES TO MEET LOCAL TECHNICAL EDUCATION AND TRAINING NEEDS AND TO DELETE CERTAIN LANGUAGE OF THE SECTION; TO AMEND SECTION 59-53-50, AS AMENDED, RELATING TO OTHER POWERS AND DUTIES OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO GRANT TO THE BOARD CERTAIN ADDITIONAL POWERS AND DUTIES; TO AMEND SECTION 59-53-57, AS AMENDED, RELATING TO STATE FUNDING FOR THE TECHNICAL EDUCATION SYSTEM, SO AS TO STIPULATE HOW CERTAIN MONIES APPROPRIATED FOR SHORT-TERM AND INNOVATIVE TRAINING MUST BE USED AND TO CREATE A PRIVATE JOB TRAINING REVIEW COMMITTEE AND PROVIDE FOR ITS FUNCTIONS; TO ESTABLISH AN AREA OCCUPATIONAL TRAINING ADVISORY COMMITTEE FOR EACH AREA OF THIS STATE SERVED BY AN AREA COMMISSION FOR TECHNICAL EDUCATION AND TO PROVIDE FOR THE MEMBERSHIP AND FUNCTIONS OF THESE AREA ADVISORY COMMITTEES AND FOR A TWO-YEAR DURATION OF EACH; TO PROVIDE THAT EACH LOCAL TECHNICAL COLLEGE COMMISSION AND LOCAL SCHOOL BOARDS WITHIN THE SERVICE AREA SHALL ENTER INTO CERTAIN AGREEMENTS FOR COOPERATION AND COORDINATION AND TO PROHIBIT ANY TECHNICAL COLLEGE COMMISSION OR LOCAL SCHOOL BOARD WHICH HAS NOT ENTERED INTO AN AGREEMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE FROM RECEIVING CERTAIN STATE FUNDS UNTIL SUCH TIME AS AN AGREEMENT HAS BEEN ENTERED INTO, AND TO PROVIDE THAT EACH STATE AGENCY OFFERING VOCATIONAL, TECHNICAL, OCCUPATIONAL, OR ADULT BASIC AND SECONDARY EDUCATION MUST INCLUDE IN ITS ANNUAL REPORT CERTAIN INFORMATION.

Referred to Committee on Education and Public Works.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

ADJOURNMENT

At 2:10 P.M. the House in accordance with the motion of Rep. WINSTEAD adjourned to meet at 10:00 A.M. tomorrow.

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