Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty and eternal God, Who reveals Yourself in the true, the pure and the beautiful, we thank You for this daily altar of prayer lest we be tempted by the fatal folly of relying on our own feeble strength. We are sure of no light save the light of Your Word, certain of no refuge except in Him Who is the eternal Rock of Ages. Give us such a measure of Your constant presence that no crushing care, no demanding duties or no tormenting tasks may ever be able to make opaque our vision of Your way or shatter our faith in You.
Accept our praise and gratitude now and always. 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. COOPER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The following was received.
February 21, 1986
Honorable Robert R. Woods
Chairman, House Invitations Committee
P.O. Box 11867
Columbia, S.C. 29211
Dear Mr. Woods:
The South Carolina Association of Auditors, Treasurers and Tax Collectors would like to invite the Members of the House of Representatives, Clerks and Attaches to a reception on Wednesday, March 12, 1986 from 6:00 P.M. to 8:00 P.M. at the Carolina Inn, Columbia, South Carolina.
We hope this is convenient with your schedule and look forward to seeing you at that time.
Sincerely,
Clyburn Nichols
SCAAT President
On motion of Rep. BARFIELD, with unanimous consent, the invitation was taken up for immediate consideration and accepted.
On motion of Rep. COOPER, with unanimous consent, the House stood in silent prayer in memory of former Representative W.W. "Bill" Tripp.
The following was received.
The Committee of Conference, to whom was referred:
H. 2259 -- Reps. Ferguson, Kirsh and Lewis: A BILL TO AMEND ARTICLES 3, 7, 9, AND 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURIES AND CERTAIN JURY PROCEDURES, SO AS TO REVISE THE SELECTION PROCESS FOR JURORS OF THE PETIT AND GRAND JURIES, AND TO REPEAL ARTICLE 5, CHAPTER 7 OF TITLE 14, RELATING TO THE ALTERNATIVE METHOD OF DRAWING AND SUMMONING JURORS IN THE CIRCUIT COURT, AND TO REPEAL ACT 208 OF 1977, RELATING TO JURY POOLS WHEN CONCURRENT TERMS OF CIRCUIT COURT ARE SCHEDULED.
begs leave to report that they have duly and carefully considered the same and recommend:
Reference is to S. Printed 1/21/86 - S.
On Page 17, strike in its entirety Article 7, Section 14-7-840, and insert in lieu thereof the following:
/Section 14-7-840. No person is exempt from service as a juror in any court of this state except men and women over sixty-five years of age. Notaries public are not considered state officers and are not exempt under this section.
Any person exempt under this section may be excused only as directed by the court. The jury commissioners shall not excuse or disqualify any juror under this section. The clerk of court shall maintain a list of persons excused by the court and the reasons the juror was determined to be excused./
Amend title to conform.
Nikki Setzler, Chairman Robert J. Sheheen Peden McLeod Tee Ferguson John Hayes Benjamin E. Thrailkill, Jr. On Part of the Senate On Part of the House
Rep. SHEHEEN explained the Report.
The report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
February 21, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 543)
Dear Mrs. Shealy:
The South Carolina Board of Veterinary Medical Examiners is hereby resubmitting regulations relating to the Practice of Veterinary Medicine, Document No. 543, effective today.
These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
The following were received.
February 21, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 684)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 21, 1986 regulations concerning Boll Weevil Eradication Program from the College of Agricultural Sciences, Clemson University.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Ramon Schwartz, Jr.
February 20, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 688)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on February 19, 1986 regulations concerning Hearing Procedure for Appeals of a Decision of the Department to the South Carolina Mining Council; Public Hearing Upon Request Following Advertisement of Intent to Mine or Substantial Modification of a Permit; and petition for Promulgation, Amendment, or Repeal of Regulations from the South Carolina Mining Council.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 459 -- Senators Horace C. Smith, Mitchell, Theodore, J. Verne Smith, Drummond, Newman, Doar, Waddell, Land, Nell Smith and Long: A BILL TO ENACT "THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT OF 1985" WHICH INCLUDES PROVISIONS TO AMEND CHAPTER 25 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION, BY ADDING ARTICLE 2 SO AS TO CREATE A COMMUNITY PENALTIES PROGRAM AND PROVIDE FOR GRANT FUNDING THROUGH THE OFFICE OF THE GOVERNOR; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 17, RELATING TO CRIMINAL JUDGMENT AND EXECUTION, BY ADDING SECTION 17-25-115 SO AS TO EMPOWER JUDGES SITTING IN GENERAL SESSIONS TO ORDER RESTITUTION AS A CONDITION OF PAROLE; TO AMEND TITLE 2, RELATING TO STATE GOVERNMENT BY ADDING CHAPTER 48 SO AS TO AUTHORIZE CERTAIN COST OF COURT FEES TO BE ASSESSED IN CRIMINAL CASES AND PROVIDE FOR THE USE OF THESE ASSESSMENTS FOR PRISONER INCARCERATION PURPOSES; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-31 TO AUTHORIZE THE PAYMENT OF GENERAL REVENUE FUNDS TO LOCAL GOVERNMENTS AS A SUBSIDY FOR INCREASES IN LOCAL INMATE POPULATIONS AND TO PROVIDE FOR SUBSIDY PAYMENTS BY THE DEPARTMENT OF CORRECTIONS TO LOCAL GOVERNMENTS TO MAINTAIN A DESIGNATED FACILITIES PROGRAM; TO AMEND CHAPTER 13 OF TITLE 24, RELATING TO PRISONERS, BY ADDING ARTICLE 11 SO AS TO ESTABLISH VOLUNTARY PROGRAMS FOR WORK/PUNISHMENT OF INMATES CONFINED TO LOCAL CORRECTIONAL FACILITIES; TO AMEND ARTICLE 3, CHAPTER 1 OF TITLE 42, RELATING TO WORKERS' COMPENSATION, BY ADDING SECTION 42-1-505 SO AS TO PROVIDE THAT PERSONS CONVICTED OF CRIME PARTICIPATING IN PUBLIC SERVICE AND COMMUNITY WORK PROGRAMS MAY BE COVERED UNDER WORKERS' COMPENSATION UNDER CERTAIN CONDITIONS; TO AMEND ARTICLE 7, CHAPTER 5 OF TITLE 22, RELATING TO MAGISTRATES' POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING SECTION 22-5-580 SO AS TO ESTABLISH A PRETRIAL CLASSIFICATION PROGRAM TO ASSIST MAGISTRATES WITH THE BAIL SETTING DECISIONS; TO AMEND CHAPTER 1 OF TITLE 23, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-225 SO AS TO AUTHORIZE CERTAIN SUBSIDY PAYMENTS TO LOCAL LAW ENFORCEMENT AGENCIES FOR CRIME PREVENTION PROGRAMS; TO AMEND SECTION 24-21-80, RELATING TO PROBATIONERS AND PAROLEES SO AS TO REQUIRE A WEEKLY SUPERVISORY FEE TO BE PAID BY OFFENDERS UNDER CERTAIN SUPERVISION OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; TO AMEND SECTION 2-7-72, RELATING TO FISCAL IMPACT STATEMENTS, SO AS TO REQUIRE CERTAIN BILLS OR RESOLUTIONS AFFECTING CRIMES, OFFENSES, OR THE CRIMINAL JUSTICE SYSTEM TO HAVE A FISCAL IMPACT STATEMENT CONTAINING SPECIFIED INFORMATION; TO AMEND ACT 418 OF 1984, RELATING TO VICTIMS AND WITNESSES SO AS TO AUTHORIZE GARNISHMENT OF WAGES OR THE PLACING OF CIVIL LIENS ON PROPERTY TO ENFORCE ORDERS OF RESTITUTION; TO AMEND SECTION 24-3-40, RELATING TO PRISONERS SO AS TO PROVIDE FOR CERTAIN WITHHOLDING FROM THE WAGES OF PRISONERS WORKING AT PAID EMPLOYMENT IN THE COMMUNITY FOR THE PURPOSE OF SUPPORTING VICTIM ASSISTANCE PROGRAMS; TO AMEND SECTION 24-3-30, RELATING TO THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS SO AS TO REVISE THE SENTENCES OF IMPRISONMENT WHICH MUST BE SERVED AT THE LOCAL LEVEL, AND PROVIDE THAT EACH COUNTY MUST MAINTAIN A FACILITY SUITABLE FOR CONFINEMENT; TO AMEND SECTION 24-21-13, RELATING TO PROBATION, PAROLE AND PARDON SO AS TO AUTHORIZE THE PAROLE AND COMMUNITY CORRECTIONS BOARD TO DEVELOP POLICIES FOR PUBLIC SERVICE WORK PROGRAMS FOR CERTAIN OFFENDERS; TO AMEND ARTICLE 2, CHAPTER 23 OF TITLE 24, RELATING TO SENTENCING AND PROBATION PROCEDURES BY ADDING SECTION 24-23-115; TO AMEND SECTION 20-7-1350, RELATING TO FAMILY COURTS SO AS TO PROVIDE THAT FAMILY COURT JUDGES ARE EMPOWERED TO UTILIZE CERTAIN UNPAID PUBLIC SERVICE WORK AS A PUNISHMENT FOR CONTEMPT OF COURT; TO AMEND SECTION 24-13-210, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR SO AS TO PROVIDE FOR GOOD BEHAVIOR CREDIT TO BE GIVEN TO PRISONERS INCARCERATED AT THE LOCAL LEVEL; TO AMEND SECTION 24-13-230, RELATING TO PRISONERS SO AS TO PROVIDE THAT INMATES SERVING SENTENCES IN LOCAL DETENTION FACILITIES SHALL EARN CREDITS AGAINST SENTENCE FOR PRODUCTIVE DUTY ASSIGNMENTS; TO AMEND SECTION 24-13-270, RELATING TO PRISONERS SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND LOCAL OFFICIALS MAY PERMIT THE RELEASE OF PRISONERS ON THE FIRST AND FIFTEENTH DAYS OF THE MONTH IN WHICH THEIR SENTENCES EXPIRE; AND TO REPEAL SECTION 17-25-90 RELATING TO THE REQUIRED PLACE TO SERVE CERTAIN SENTENCES; TO PROVIDE FOR A REVIEW OF THE EFFECTIVENESS OF THIS ACT BY THE BUDGET AND CONTROL BOARD PRIOR TO STATE FISCAL YEAR 1990-91.
Ordered for consideration tomorrow.
The following was introduced:
H. 3538 -- Rep. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARILYNN C. WILLIAMS, PRINCIPAL OF PLAIN ELEMENTARY SCHOOL IN SIMPSONVILLE, UPON HER SELECTION AS ONE OF THE FIFTY-FIVE OUTSTANDING ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS IN THE NATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3539 -- Reps. Lockemy, McEachin, R. Brown, McLeod, Blackwell and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-35 SO AS TO PROVIDE THAT ANY LAW ENFORCEMENT OFFICER OF A STATE CONTIGUOUS TO THIS STATE WHO ENTERS THIS STATE IN HOT PURSUIT HAS THE SAME AUTHORITY TO ARREST AND HOLD IN CUSTODY THE PERSON HE IS PURSUING AS A LAW ENFORCEMENT OFFICER OF THIS STATE HAS TO ARREST AND HOLD IN CUSTODY, TO PROVIDE FOR A PROCEDURE BY WHICH AN ARREST MADE IN THIS STATE BY A LAW ENFORCEMENT OFFICER OF ANOTHER STATE MUST BE PROCESSED, AND PROVIDE THAT THE PROVISIONS OF THIS SECTION ONLY APPLY TO LAW ENFORCEMENT OFFICERS OF A STATE WHICH HAS ADOPTED SIMILAR PROVISIONS.
Referred to Committee on Judiciary.
H. 3540 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 40-21-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO CHANGE THE DEFINITION OF "PRACTICE OF LAND SURVEYING" SO AS TO EXPAND THE DEFINITION, INCLUDE THE WORK A TIER B LAND SURVEYOR MAY PERFORM AND DEFINE THE TERM "ABET" AS MEANING THE ACCREDITATION BOARD FOR ENGINEERING AND TECHNOLOGY; TO AMEND THE 1976 CODE BY ADDING SECTION 40-21-195 SO AS TO ESTABLISH THE QUALIFICATION FOR A TIER B LAND SURVEYOR; TO AMEND SECTION 40-21-200, AS AMENDED, RELATING TO THE QUALIFICATIONS OF A LAND SURVEYOR, SO AS TO ESTABLISH THE QUALIFICATIONS OF A TIER A LAND SURVEYOR; TO AMEND SECTION 40-21-206, RELATING TO THE QUALIFICATIONS FOR A SURVEYOR-IN-TRAINING, SO AS TO REQUIRE THAT APPLICANTS MUST MEET THE STANDARDS OF THE ACCREDITATION BOARD FOR ENGINEERS AND TECHNOLOGY AND TO DELETE THE REQUIREMENT THAT AN APPLICANT MUST BE A GRADUATE OF A HIGH SCHOOL OR POSSESS A STATE EQUIVALENCY CERTIFICATE; TO PROVIDE THAT ANY PERSON REGISTERED AS A SURVEYOR-IN-TRAINING UNDER THE PROVISIONS OF CHAPTER 21 OF TITLE 40 AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS ACT OR WHO MAY BE REGISTERED OR WHO CAN PROVIDE EVIDENCE SATISFACTORY TO THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS MAY BE REGISTERED AS A TIER A LAND SURVEYOR BY PASSING THE WRITTEN OR WRITTEN AND ORAL EXAMINATIONS IN THE PRINCIPLES AND PRACTICES IN TIER A OF LAND SURVEYING AS MAY BE PROVIDED BY THE BOARD; AND TO PROVIDE THAT THE BOARD SHALL PROMULGATE REGULATIONS EFFECTUATING THE PROVISIONS OF THIS ACT.
Without reference.
S. 3 -- Senator McCONNELL: A BILL TO AMEND SECTION 7-13-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTING BALLOTS AND DECLARING RESULTS IN ELECTIONS, SO AS TO PROVIDE THAT AT THE COMPLETION OF THE VOTE COUNTING A DUPLICATE OF THE RESULTS MUST BE POSTED IN A CONSPICUOUS SITE AT THE POLLING PLACE EXCEPT IN COUNTIES USING VOTE RECORDERS.
Referred to Committee on Judiciary.
S. 6 -- Senator McConnell: A BILL TO AMEND SECTION 7-13-1880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANVASS AND RETURN OF VOTES WHEN A VOTING MACHINE IS USED, SO AS TO PROVIDE FOR PUBLIC INSPECTION OF THE STATEMENT OF CANVASS OR PRINTOUT FROM THE VOTING MACHINE.
Referred to Committee on Judiciary.
S. 777 -- Senator Wilson: A BILL TO AMEND SECTION 7-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES TO BE FOLLOWED WHEN THE QUALIFICATIONS OF AN ELECTOR ARE CHALLENGED, SO AS TO CLARIFY THE PROCEDURE FOR COUNTING BALLOTS UNSUCCESSFULLY CHALLENGED.
Referred to Committee on Judiciary.
S. 998 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, CREATING A NO WAKE ZONE WITHIN THE WATERS OF LAKE MARION, SUMTER COUNTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 579, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Agriculture and Natural Resources.
S. 1000 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, CREATING A NO WAKE ZONE WITHIN THE WATERS OF LAKE MURRAY, NEWBERRY COUNTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 506, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Agriculture and Natural Resources.
S. 1001 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, CREATING A NO WAKE ZONE IN A CERTAIN PORTION OF THE SANTEE COOPER RESORT COVE AREA OF LAKE MARION, ORANGEBURG COUNTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 581, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Agriculture and Natural Resources.
S. 1002 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, CREATING A NO WAKE ZONE WITHIN THE WATERS OF LAKE KEOWEE, PICKENS COUNTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 580, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Agriculture and Natural Resources.
S. 1003 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, CREATING A NO WAKE ZONE WITHIN THE WATERS OF KIAWAH ISLAND DOCKING FACILITY, KIAWAH RIVER, CHARLESTON COUNTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 504, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Agriculture and Natural Resources.
S. 1004 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, RELATING TO NONGAME THREATENED WILDLIFE, DESIGNATED AS REGULATION DOCUMENT NUMBER 557, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Agriculture and Natural Resources.
S. 1005 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, RELATING TO THE STATE ENDANGERED SPECIES LIST, DESIGNATED AS REGULATION DOCUMENT NUMBER 558, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Agriculture and Natural Resources.
S. 1049 -- Senator McGill: A BILL TO AMEND SECTION 50-17-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD FISHING WITH GILL NETS IN A PORTION OF THE SANTEE RIVER IN WILLIAMSBURG COUNTY, SO AS TO PROVIDE GILL NETS MAY BE USED ON TUESDAY AND THURSDAY OF ONE WEEK BEGINNING AT 7:00 P.M. UNTIL 6:00 A.M. THE FOLLOWING DAY AND ON WEDNESDAY AND FRIDAY OF THE FOLLOWING WEEK BEGINNING AT 7:00 P.M. UNTIL 6:00 A.M. OF THE FOLLOWING DAY INSTEAD OF THE ENTIRE TWENTY-FOUR HOUR PERIOD OF THE NAMED DAYS.
On motion of Rep. SNOW, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Schwartz Alexander Altman Anderson, J. Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brett Brown, H. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Felder Ferguson Foxworth Gentry Gilbert Gordon Gregory Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Hendricks, L. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Lake Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Ogburn Pearce Petty Phillips, O. Rawl Rhoad Rice Rigdon Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Snow Taylor Thrailkill Toal Townsend Tucker Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on February 25, 1986.
Dave C. Waldrop E. LeRoy Nettles Mickey Burriss Larry L. Koon Grady Brown Tom G. Woodruff, Jr. Charles L. Griffin III Jean L. Harris Samuel R. Foster Lewis Phillips Lenoir Sturkie Eugene Stoddard Crosby Lewis Palmer Freeman, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Reps. BENNETT, S. ANDERSON and EDWARDS a leave of absence for the day.
The SPEAKER granted Rep. MARCHANT a temporary leave of absence.
The SPEAKER granted Rep. SHORT a leave of absence for the week due to illness.
The following Bill was taken up.
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.
Reps. CORK, BRETT and FAIR objected to the Bill.
The following Bill was taken up.
S. 322 -- Senators Courson, Newman, Giese and Lourie: A BILL TO PROVIDE THAT THE TRUSTEES OF RICHLAND COUNTY SCHOOL DISTRICTS NO. 1 AND NO. 2 MUST BE ELECTED IN NONPARTISAN ELECTIONS.
Rep. TOAL explained the Bill.
Reps. HEARN, M.D. BURRISS, T.M. BURRISS and EVATT proposed the following Amendment No. 2 (Doc. No. 2163R), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, the members of the Boards of Trustees of Richland County School Districts Nos. 1 and 2 must be elected in nonpartisan elections to be held and conducted in the manner hereinafter provided by this act.
SECTION 2. (A) In Richland School District No. 1, one trustee must be elected from each of the four defined single-member election districts established in this section and three trustees must be elected from the district at large. In 1986 and every four years thereafter, successors to two members of the board whose terms expire in 1986 must be elected at large and one member whose term expires in 1986 must be elected from election district 1. In 1988 and every four years thereafter, successors to the four members of the board whose terms expire in 1988 must be elected from election districts 2, 3, and 4, respectively, and one member must be elected at large.
(B) For purposes of the provisions of subsection (A) of this section, the four defined single-member election districts from which one member of the board of trustees of Richland School District No. 1 must be elected are as follows:
DISTRICT 1 POPULATION
Portion of School District 1
across Broad River 19,461
Ward 3 2,088
Ward 4 (except SCSH) 2,320
Tract 10 5,455
Providence Hospital (Pt. 11) 341
Tract 19 3,600
Tract 20.01 3,602
Tract 12 1,607
Tract 22 Pt. 1,656
Less Portion in District 4 (904)
Tract 27 2,816
Tract 21 Pt. 3,079
Less Pt. in District 4 (1,085)
Tract 25 3,890
Tract 23 2,287
Portion of School District 1
near Elmwood Strip 56
50,269
DISTRICT 2 POPULATION
Portion of School District 1
North of I-20 16,081
Tract 1 2,845
Tract 2 1,785
Tract 3 3,949
Tract 4 2,054
Tract 5 3,194
Tract 6 2,420
Tract 7 2,034
Less Ward 3 (2,088)
Less Ward 4 (except SCSH) (2,320)
Tract 105.02 1,161
Tract 106 7,623
Tract 107.03 5,427
Tract 109 2,953
Tract 8 1,629
48,747
DISTRICT 3 POPULATION
Tract 116.03 3,159
Tract 116.04 3,687
Tract 116.05 Pt. 3,775
Tract 24 3,529
Tract 112.01 2,109
Tract 112.02 3,634
Tract 113.01 1,717
Tract 111.01 3,385
Tract 111.02 2,917
Tract 11 Pt. 4,983
Less Providence Hospital (341)
Tract 110 2,003
Tract 108.04 1,870
Tract 9 3,342
Tract 26 Pt. 10,473
Less Ward 11 (2,826)
47,416
DISTRICT 4 POPULATION
Total from District 4 of
the Delegation Plan 48,040
Tract 28 Pt.
Less Olympia Strip (184)
Tract 13 4,259
Tract 14 1,113
Tract 15 1,188
Tract 16 1,154
Tract 17 1,593
Tract 20.02 371
Tract 21 Pt. 1,085
Tract 22 Pt. 904
Tract 28 1,875
Tract 18 1,665
Tract 116.05 Pt.
Blocks 222-231 474
Block 205 4
Deleting from District 4
of Delegation Plan
Gills Creek Strip (1,588)
Tract 116.03 (3,159)
Tract 116.04 (3,687)
BG 4 (1,908)
BG 2 (2,345)
50,854
SECTION 3. In Richland School District No. 2, all trustees must be elected from the school district at large. In 1986 and every four years thereafter, successors to the members of the board of School District No. 2 whose terms expire in 1986 must be elected. In 1988 and every four years thereafter, successors to the members of the board of School District No. 2 whose terms expire in 1988 must be elected.
SECTION 4. Trustees from both school districts must be elected for terms of office of four years each and shall serve until their successors are elected and qualify. Trustees from both school districts must also be elected in nonpartisan elections to be conducted at the same time as the general election of the applicable year in the manner provided in this act.
Vacancies on both school boards must be filled in the same manner that vacancies on the county council are filled.
SECTION 5. The at-large members of the boards must be residents of the school district of which they are a member and must be elected from the district at large by the qualified electors of the district. The members of the board of Richland School District No. 1 elected from defined single member election districts must be residents of those election districts and must be elected by the qualified electors of those election districts. All persons desiring to qualify as a candidate and be elected to the boards shall file written notice of candidacy with the county election commission at least sixty days before the date set for the election but not earlier than ninety days prior to the election. This notice of candidacy must be a sworn statement and shall include the candidate's name, age, voting precinct, period of residence in the district, single member election district of residence if applicable, and other information as the county election commission shall require.
The county commissioners of election shall conduct and supervise the elections for members of the boards in the manner governed by the election laws of this State mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results thereof. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the district.
The results of the election must be determined in accordance with the nonpartisan plurality method prescribed by Section 1 of Act 81 of 1977 and designated as Section 5-15-61 of the 1976 Code in the 1985 Cumulative Supplement.
The members of the boards elected in such nonpartisan elections shall take office at the first official meeting of the boards in the month of January following their election. The current members of the boards shall continue to serve in office until their present terms expire at which time the members elected in the manner specified in this act shall take office.
SECTION 6. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. TOAL moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Faber Hendricks, L Rogers, T. Taylor Toal
Those who voted in the negative are:
Burriss, M.D. Burriss, T.M. Evatt Hearn
So, the amendment was tabled.
Rep. TOAL proposed the following Amendment No. 1 (Doc. No. 1905R), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, the members of the Boards of Trustees of Richland County School Districts Nos. 1 and 2 must be elected in nonpartisan elections to be held and conducted in the manner hereinafter provided by this act.
SECTION 2. (A) In Richland School District No. 1, one trustee must be elected from each of the four defined single-member election districts established in this section and three trustees must be elected from the district at large. In 1986 and every four years thereafter, successors to the three members of the board whose terms expire in 1986 must be elected from election districts 1 and 3 respectively and one member must be elected at large. In 1988 and every four years thereafter, successors to the four members of the board whose terms expire in 1988 must be elected from election districts 2 and 4 respectively and two members must be elected at large.
(B) For purposes of the provisions of subsection (A) of this section, the four defined single-member election districts from which one member of the board of trustees of Richland School District No. 1 must be elected are as follows:
DISTRICT 1 POPULATION
Tract 103.01 (SD1 Pt.) 1,339
104.05 4,768
104.06 7,392
104.03 3,316
104.04 2,646
101 (SD1 Pt.) 1,002
102 (SD1 Pt.) 2,798
114.01 (SD1 Pt.) 813
107.01 4,236
107.02 4,743
105.01 2,489
107.03 Pt.
BG 1 1,906
BG 2 910
B. 310-314, 307
301-303, 77
317-322 323
Tract 106 Pt.
Rest of Division 5,481
Tract 3 Pt.
Rest of Division 1,776
Tract 105.02 Pt. 1,161
Less B. 121 (71)
Less B. 115, 120, 123 (219)
TOTAL 47,193
Variation = - 4.29%
DISTRICT 2 POPULATION
Tract 106 Pt. 7,623
Less Rest of Division (5,481)
Tract 3 Pt. 3,949
Less Rest of Division (1,776)
Tract 1 2,845
2 1,785
4 2,054
6 Pt. 2,420
Less (Rest of Division) Pt.:
B. 222, 228, 229,
201-203, 224-226 (91)
Tract 5 Pt. 3,194
Less B. 238 (592)
Tract 109 2,953
110 2,003
8 1,629
9 3,342
10 5,455
11 Pt. 4,983
Less B. 214, 219-225, 301, 323 (230)
Tract 111.01 3,385
111.02 (SD1 Pt.) 2,917
112.02 3,634
113,01 (SD1 Pt.) 1,717
108.04 (SD1 Pt.) 1,870
112.01 Pt.
B. 101 67
Tract 7 Pt. 2,034
Less BG 1, (471)
B. 201-207, 209, (209)
B. 208, 210-218, (488)
BG 3 (866)
Tract 107.03 (SD1 Pt.) 5,427
Less BG 1, (1,906)
BG 2, (910)
B. 310-314, (307)
301-303, (77)
317-322 (323)
Tract 16 Pt.
B. 101-105 56
TOTAL 51,615
Variation = + 4.68%
DISTRICT 3 POPULATION
Tract 112.01 Pt. 2,109
Less B. 101 (67)
Tract 24 3,529
25 3,890
23 2,287
21 3,079
22 1,656
27 2,816
19 3,600
20.01 3,602
20.02 371
14 1,113
13 4,259
15 Pt. 1,188
Less B. 104, 105, 112, (53)
120-121, 203-206, (36)
211-212 (546)
Tract 18 Pt.
B. 105, 205 1,603
Tract 28 Pt.
B. 104-106, 108, 109 94
B. 114, 116, 117 1,145
Tract 26 Pt. 10,473
Less B. 616-622 (1,315)
Tract 116.04 Pt.
Columbia Pt.
B. 304, 310 361
Rest of Division Pt.:
B. 310-311 345
Tract 116.03 Pt. 3,159
Less B. 111-123 (440)
Tract 7 Pt.
BG 1 471
B. 201-207, 209 209
Tract 5 Pt.
B. 238 592
Tract 12 1,607
Tract 11 Pt.
B. 214, 219-225, 301, 323 230
TOTAL 51,331
Variation = + 4.10%
DISTRICT 4 POPULATION
Tract 116.03 Pt.
B. 111-123 440
Tract 116.04 Pt. 3,687
Less Columbia Pt.:
B. 304, 310 (361)
Less Rest of Division Pt.:
B. 310-311 (345)
Tract 26 Pt.
B. 616-622 1,315
Tract 28 Pt. 1,875
Less B. 104-106, 108, 109 (94)
Less B. 114, 116, 117 (1,145)
Tract 18 Pt. 1,665
Less B. 105, 205 (1,603)
Tract 15 Pt.
B. 104, 105, 112, 53
B. 120, 121, 203-206, 36
B. 211-212 546
Tract 16 Pt. 1,154
Less B. 101-105 (56)
Tract 17 1,593
Tract 7 Pt.
B. 208 72
210-218 416
B. 63 866
Tract 6 Pt. -0-
Rest of Division Pt.
B. 222, 228, 229, 201-203,
224-226 91
Tract 105.02 Pt.
Rest of Division Pt.:
B. 121 71
Columbia Pt.:
B. 115, 120, 123 219
Tract 117.01 3,109
117.02 4,411
118 6,035
120 4,724
119.01 4,783
119.02 2,963
116.05 7,429
116.06 3,142
TOTAL 47,091
Variation = - 4.50%
SECTION 3. In Richland School District No. 2, all trustees must be elected from the school district at large. In 1986 and every four years thereafter, successors to the members of the board of School District No. 2 whose terms expire in 1986 must be elected. In 1988 and every four years thereafter, successors to the members of the board of School District No. 2 whose terms expire in 1988 must be elected.
SECTION 4. Trustees from both school districts must be elected for terms of office of four years each and shall serve until their successors are selected and qualify. Trustees from both school districts must also be elected in nonpartisan elections to be conducted at the same time as the general election of the applicable year in the manner provided in this act.
Vacancies on both school boards must be filled in the same manner that vacancies on the county council are filled.
SECTION 5. The at-large members of the boards must be residents of the school district of which they are a member and must be elected from the district at large by the qualified electors of the district. The members of the board of Richland School District No. 1 elected from defined single member election districts must be residents of those election districts and must be elected by the qualified electors of those election districts. All persons desiring to qualify as a candidate and be elected to the boards shall file written notice of candidacy with the county election commission at least sixty days before the date set for the election but not earlier than ninety days prior to the election. This notice of candidacy must be a sworn statement and shall include the candidate's name, age, voting precinct, period of residence in the district, single member election district of residence if applicable, and other information as the county election commission shall require.
The county commissioners of election shall conduct and supervise the elections for members of the boards in the manner governed by the election laws of this State mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results thereof. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the district.
The results of the election must be determined in accordance with the nonpartisan plurality method prescribed by Section 1 of Act 81 of 1977 and designated as Section 5-15-61 of the 1976 Code in the 1985 Cumulative Supplement.
The members of the boards elected in such nonpartisan elections shall take office at the first official meeting of the boards in the month of January following their election. The current members of the boards shall continue to serve in office until their present terms expire at which time the members elected in the manner specified in this act shall take office.
SECTION 6. This act shall take effect upon approval by the Governor./
Amend title to conform.
The question recurred to the adoption of the amendment.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Faber Hendricks, L. Rogers, T Taylor Toal
Those who voted in the negative are:
Burris, M.D. Burriss, T.M. Evatt Hearn
So, the amendment was adopted.
The question then recurred to the passage of the Bill, as amended.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Burriss, M.D. Burriss, T.M. Evatt Faber Hearn Hendricks, L. Rogers, T. Taylor Toal
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TOAL, with unanimous consent, it was ordered that S. 322 be read the third time tomorrow.
The following Bill was taken up.
H. 3302 -- Rep. Kohn: A BILL TO AMEND SECTION 38-37-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY SO AS TO REQUIRE THE FACILITY TO REINSURE A RISK COVERED UNDER ANY POLICY OF LIABILITY INSURANCE WRITTEN OR OFFERED FOR ANY VEHICLE LICENSED OR OTHERWISE THAT IS LEGALLY AUTHORIZED TO TRAVEL ON THE PUBLIC STREETS AND HIGHWAYS OF THIS STATE.
Reps. BLACKWELL, BRETT, MATTOS and FAIR objected to the Bill.
The following Bill was taken up.
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.
Rep. EVATT proposed the following Amendment No. 2 (Doc. No. 2152R), which was adopted.
Amend the bill, as and if amended, item (f) of Section 20-7-5440, as contained in SECTION 2, page [A-6], line 38, by striking /Prenatal/ and inserting /Perinatal/.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WHITE asked unanimous consent that H. 3318 be read a third time tomorrow.
Rep. DAVENPORT objected.
The following Bill was taken up.
H. 3502 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD FISHING WITH GILL NETS IN A PORTION OF THE SANTEE RIVER IN WILLIAMSBURG COUNTY, SO AS TO PROVIDE GILL NETS MAY BE USED ON TUESDAY AND THURSDAY OF ONE WEEK BEGINNING AT 7:00 P.M. UNTIL 6:00 A.M. THE FOLLOWING DAY AND ON WEDNESDAY AND FRIDAY OF THE FOLLOWING WEEK BEGINNING AT 7:00 P.M. UNTIL 6:00 A.M. OF THE FOLLOWING DAY INSTEAD OF THE ENTIRE TWENTY-FOUR HOUR PERIOD OF THE NAMED DAYS.
Rep. SNOW moved to table the Bill which was agreed to.
Rep. WASHINGTON moved to adjourn debate upon the following Joint Resolution, which was adopted.
H. 3514 -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE FISCAL YEAR 1986-87 ONLY MORE THAN TWENTY-FIVE PERCENT OF A COUNTY'S "C" FUNDS MAY BE USED FOR ROCKING OR IMPROVING COUNTY ROADS AND STREET AND TRAFFIC SIGNS.
The following Bill was taken up.
H. 3530 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1537, SO AS TO ESTABLISH A MANDATORY RETIREMENT AGE OF SIXTY-TWO YEARS FOR MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.
Rep. SIMPSON explained the Bill.
Reps. KLAPMAN, DANGERFIELD and COOPER objected to the Bill.
The following Bill was taken up.
H. 3245 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 19 SO AS TO CREATE THE CHILDREN'S CASE RESOLUTION SYSTEM, TO DEFINE THE PURPOSES AND FUNCTIONS OF THE SYSTEM, AND TO OUTLINE THE REQUIREMENTS OF DECISIONS BY THE SYSTEM.
Reps. BEASLEY and P. BRADLEY proposed the following Amendment No. 2 (Doc. No. 2184R), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2, page 3, and inserting:
/SECTION 2. No additional staff nor state funds may be provided to carry out the provisions of this act.
SECTION 3. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. BEASLEY explained the amendment.
The amendment was then adopted.
Reps. BEASLEY, EVATT and WILKINS proposed the following Amendment No. 3 (Doc. No. 2197R), which was adopted.
Amend the bill, as and if amended, Section 20-7-5230, as contained in SECTION 1, page 2, beginning on line 3 of the Section, by striking /Section 20-7-20/ and inserting /Public Law 94-142/.
Amend the bill further, item (e) of Section 20-7-5240, as contained in SECTION 1, page 3, by striking the last paragraph of the item and inserting:
/The chairman must be appointed by the Governor from members appointed as provided in subitem (3) of this item. A binding decision is made by a majority of the members present and voting at a meeting of the panel. Agencies designated by the panel shall carry out the decisions of the panel, but the decisions may not substantially affect the funds appropriated for the designated agency. When the panel identifies similar cases that may illustrate a break in the delivery of service to children, either because of restrictions by law or substantial lack of funding, the panel shall report the situation to the General Assembly and subsequently may not accept any similar cases for decision until the General Assembly takes appropriate action, however, the system may continue to perform the functions provided in items (c) and (d) of this section. Each member of the panel is entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions. The respective agency is responsible for the compensation of the members appointed in subitems (1) and (2) of this item, and the System is responsible for the compensation of the members appointed in subitem (3) of this item;/
Amend title to conform.
Rep. BEASLEY explained the amendment.
Rep. KIRSH moved to waive Rule 6.1, which was not agreed to.
Rep. BEASLEY continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BEASLEY, with unanimous consent, it was ordered that H. 3245 be read the third time tomorrow.
Upon the withdrawal of objections by Reps. L. MARTIN, B.L. HENDRICKS and SIMPSON the following Bill was taken up.
H. 2514 -- Reps. Tucker and Cooper: A BILL TO PROVIDE THAT NO WATER OR SEWAGE SYSTEM OWNED OR OPERATED BY A COUNTY, MUNICIPALITY, SPECIAL PURPOSE DISTRICT, OR POLITICAL SUBDIVISION OF THIS STATE MAY BE EXTENDED, LEASED, OR OPERATED IN THE UNINCORPORATED AREA OF ANY COUNTY OTHER THAN THE COUNTY OR COUNTIES WHERE IT IS ALREADY OWNED OR OPERATED EXCEPT UNDER A CERTAIN CONDITION.
Rep. SHEHEEN raised the Point of Order that it was now 12:30 p.m., and in accordance with Rule 6.1, the House was now in recess.
The SPEAKER sustained the Point of Order and stated the House was now in recess until 2:00 p.m.
Further proceedings were interrupted by the House receding, the pending question being consideration of the Bill.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. OGBURN a leave of absence for the remainder of the day.
Rep. McLELLAN moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.
The following was received.
Columbia, S.C., Feb. 25, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 2259:
H. 2259 -- Reps. Ferguson, Kirsh and Lewis: A BILL TO AMEND ARTICLES 3, 7, 9, AND 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURIES AND CERTAIN JURY PROCEDURES, SO AS TO REVISE THE SELECTION PROCESS FOR JURORS OF THE PETIT AND GRAND JURIES, AND TO REPEAL ARTICLE 5, CHAPTER 7 OF TITLE 14, RELATING TO THE ALTERNATIVE METHOD OF DRAWING AND SUMMONING JURORS IN THE CIRCUIT COURT, AND TO REPEAL ACT 208 OF 1977, RELATING TO JURY POOLS WHEN CONCURRENT TERMS OF CIRCUIT COURT ARE SCHEDULED.
and the report having been adopted by both Houses, has ordered the Bill enrolled for Ratification.
Very respectfully,
President
No. 19
Received as information.
The following was received from the Senate.
Columbia, S.C., Feb. 25, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2814:
H. 2814 -- Reps. Winstead and S. Anderson: A BILL TO AMEND SECTION 44-55-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FURNISHING OF CERTAIN HEALTH DEPARTMENT PERMITS TO SELLERS OF MOBILE HOMES SO AS TO REVISE THE PROVISIONS OF THIS SECTION.
and asks for a Committee of Conference and has appointed Senators Bryan, Giese and Applegate of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 18
Whereupon, the Chair appointed Reps. S. ANDERSON, WINSTEAD and HAYES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., Feb. 25, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2279:
H. 2279 -- Reps. Wilkins, P. Bradley, Brett, Fair, Marchant, Hawkins, Russell and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-15 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PROVIDE BY ORDINANCE FOR THE ELECTION OF AN ADDITIONAL MEMBER OF THE GOVERNING BODY TO BE ELECTED FROM THE COUNTY AT LARGE AND BE ITS CHAIRMAN; AND TO AMEND SECTION 4-9-90, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO THOSE COUNCILS EXERCISING THE AUTHORITY UNDER THE PROVISIONS OF SECTION 4-9-15.
and asks for a Committee of Conference and has appointed Senators J. Verne Smith, McConnell and Applegate of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 17
Whereupon, the Chair appointed Reps. WILKINS, TOAL and J. BRADLEY to the Committee of Conference on the part of the House and a message was ordered to the Senate accordingly.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
H. 2514 -- Reps. Tucker and Cooper: A BILL TO PROVIDE THAT NO WATER OR SEWAGE SYSTEM OWNED OR OPERATED BY A COUNTY, MUNICIPALITY, SPECIAL PURPOSE DISTRICT, OR POLITICAL SUBDIVISION OF THIS STATE MAY BE EXTENDED, LEASED, OR OPERATED IN THE UNINCORPORATED AREA OF ANY COUNTY OTHER THAN THE COUNTY OR COUNTIES WHERE IT IS ALREADY OWNED OR OPERATED EXCEPT UNDER A CERTAIN CONDITION.
Rep. TUCKER proposed the following Amendment No. 1 (Doc. No.2285C)
Reference is to Printer's Date 3-6-85-H.
Amend the bill, as and if amended, p. 2, by striking line 3 and inserting:
/lease, or operation. However, the provisions of this section do not apply to the operation or expansion of systems which are already providing services in more than one county or political subdivision./
Amend title to conform.
Rep. COOPER moved to adjourn debate upon the amendment, which was adopted.
Rep. B.L. HENDRICKS proposed the following Amendment No. 2 (Doc. No. 1096R).
Reference is to Printer's Date 12/2/85 -- H.
Amend the bill, as and if amended, p. 2, by adding immediately after /operation./ on line 3 the following: /The provisions of this section do not apply to any project that has been approved by the Department of Health and Environmental Control or to any project under construction on the date this act takes effect./
Amend title to conform.
Rep. B.L. HENDRICKS explained the amendment.
Rep. TUCKER spoke upon the amendment.
Reps. BLACKWELL and KIRSH objected to the Bill.
Rep. TUCKER continued speaking.
Rep. ELLIOTT moved to adjourn debate upon the Bill, which was adopted.
Rep. BLACKWELL moved that the House recur to the morning hour, which was not agreed to.
The motion of Rep. LIMEHOUSE to reconsider the vote whereby Amendment No. 1A to the following Bill was adopted, was taken up and agreed to.
H. 2041 -- Reps. Keyserling, P. Harris, Waldrop, Blackwell, Snow, Altman, Sheheen, Klapman, Moffatt Burriss, Lloyd Hendricks, Kirsh, Huff, Hughston, J. Anderson, T. Rogers, Blanding, Jones, Pearce, Simpson, Lewis, Freeman, Short and Moss: A BILL TO AUTHORIZE AN ADULT TO MAKE A WRITTEN DIRECTIVE INSTRUCTING HIS PHYSICIAN TO WITHHOLD OR WITHDRAW LIFE-SUSTAINING PROCEDURES IN THE EVENT OF A TERMINAL CONDITION.
Rep. SHEHEEN moved to table the amendment which was agreed to.
Rep. SHEHEEN proposed the following Amendment No. 1D (Doc. No. 2221R), which was adopted.
Amend the bill, as and if amended, by striking Section 5 and inserting:
/SECTION 5. The declaration must be substantially in the following form:
STATE OF SOUTH CAROLINA DECLARATION OF A DESIRE FOR A NATURAL DEATH
COUNTY OF ______________
I,____________________________, a resident of and domiciled in the City of , County of _________________________, State of South Carolina, make this Declaration this _________day of _______________________, 19________.
I wilfully and voluntarily make known my desire that no life-sustaining procedures be used to prolong my dying if my condition is terminal, and I do hereby declare:
If at any time I have an incurable injury, disease, or illness certified to be a terminal condition by two physicians who have personally examined me, one of whom is my attending physician, and the physicians have determined that my death will occur without the use of life-sustaining procedures and where the application of life-sustaining procedures would serve only to prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure necessary to provide me with comfort care.
In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this Declaration be honored by my family and physicians as the final expression of my legal right to refuse medical or surgical treatment and I accept the consequences from such refusal.
I am aware that this Declaration authorizes a physician to withhold or withdraw life-sustaining procedures. I am emotionally and mentally competent to make this Declaration.
THIS DECLARATION MAY BE REVOKED BY THE DECLARANT, WITH REGARD TO HIS PHYSICAL OR MENTAL CONDITION.
(1) BY BEING DEFACED, TORN, OBLITERATED, OR OTHERWISE DESTROYED BY THE DECLARANT OR BY SOME PERSON IN THE PRESENCE OF AND BY THE DIRECTION OF THE DECLARANT.
(2) BY A WRITTEN REVOCATION SIGNED AND DATED BY THE DECLARANT EXPRESSING HIS OR HER INTENT TO REVOKE. THE REVOCATION SHALL BECOME EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY THE DECLARANT OR BY A PERSON ACTING ON BEHALF OF THE DECLARANT. THE ATTENDING PHYSICIAN SHALL RECORD IN THE PATIENT'S MEDICAL RECORD THE TIME AND DATE WHEN HE RECEIVED NOTIFICATION OF THE WRITTEN REVOCATION.
(3) BY A VERBAL EXPRESSION BY THE DECLARANT OF HIS INTENT TO REVOKE THE DECLARATION. THE REVOCATION SHALL BECOME EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY THE DECLARANT. THE ATTENDING PHYSICIAN SHALL RECORD IN THE PATIENT'S MEDICAL RECORD THE TIME, DATE, AND PLACE OF THE REVOCATION AND THE TIME, DATE, AND PLACE, IF DIFFERENT, OF WHEN HE RECEIVED NOTIFICATION OF THE REVOCATION.
_______________________________________
Declarant
STATE OF ________________COUNTY OF _______________
We, _____________________, _____________________, and __________________, the witnesses whose names are signed to the foregoing Declaration, dated the _______________________ day of ______________________, 19____, being first duly sworn, do hereby declare to the undersigned authority that the Declaration was on that date signed by the said declarant as and for his DECLARATION OF A DESIRE FOR A NATURAL DEATH in our presence and we, at his request and in his presence, and in the presence of each other, did thereunto subscribe our names as witnesses on that date. The declarant is personally known to us and we believe him to be of sound mind. None of us is disqualified as a witness to this Declaration by any provision of he South Carolina Death With Dignity Act. None of us is related to the declarant by blood or marriage; nor directly financially responsible for the declarant's medical care; nor entitled to any portion of the declarant's estate upon his decease, whether under any will or as an heir by intestate succession; nor the beneficiary of a life insurance policy of the declarant; nor the declarant's attending physician; nor an employee of such attending physician; nor a person who has a claim against the declarant's decedent's estate as of this time. No more than one of us is an employee of a health facility in which the declarant is a patient. If the declarant is a patient in a hospital or skilled or intermediate care nursing facility at the date of execution of this Declaration at least one of us is an ombudsman designated by the State Ombudsman, Office of the Governor.
________________________________________
Witness
________________________________________
Witness
________________________________________
Witness
Subscribed, sworn to, and acknowledged before me by __________________________________, the declarant, and subscribed and sworn to before me by ___________________________, ______________________________, and ______________________________, the witnesses, this ____________ day of _______________, 19_______.
__________________________________
Notary Public for
My commission expires:____________/
SEAL
The declaration must be signed by the declarant in the presence of three witnesses and shall be attested and subscribed in the presence of the declarant and of each other by the three witnesses and an officer authorized to administer oaths under the laws of the State where acknowledgement occurs or else the declaration shall be utterly void and of no effect. Each will prepared in accordance with the provisions of this section shall set forth the procedure and requirements for revocation of the declaration. Requirements for revocation shall be set forth in bold-face print./
Amend further, as and if amended, in SECTION 5A, page 5, beginning on line 2, by striking /Commission on Aging for this purpose/ and inserting /, Ombudsman, Office of the Governor/.
Amend title to conform.
Renumber sections to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
On motion of Rep. J.W. JOHNSON, with unanimous consent, the following was taken up for immediate consideration:
H. 3541 -- Reps. J.W. Johnson and Stoddard: A CONCURRENT RESOLUTION TO CONGRATULATE THE JOHN SIMMONS FAMILY OF LAURENS COUNTY ON BEING SELECTED AS FARM FAMILY OF THE YEAR BY THE CLEMSON EXTENSION SERVICE AND TO EXTEND HEARTIEST BEST WISHES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. AYDLETTE having the floor.
H. 2287 -- Reps. Toal, J. Rogers, Hughston, J.W. Johnson, Klapman, Archibald, Sheheen, Kirsh, Wilkins, Taylor, McBride, Mangum, Woodruff, Faber, Schwartz, Keyserling, Pearce, Freeman, McLellan, Cleveland, Shelton, Harvin, P. Harris, Hayes, S. Anderson, Foxworth, B.L. Hendricks, Lloyd Hendricks, White, Gulledge, Russell, and Limehouse: A BILL TO AMEND SECTION 5-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF A PETITION SIGNED BY A MAJORITY OF FREEHOLDERS IN AN AREA DESIRING TO BE ANNEXED TO A MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT AN ELECTION BE HELD WITHIN THE ANNEXING MUNICIPALITY; SECTION 5-3-60, RELATING TO NOTICE OF THE ANNEXATION ELECTION HELD UNDER THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE BE POSTED IN THREE CONSPICUOUS PLACES WITHIN THE ANNEXING MUNICIPALITY; AND SECTIONS 5-3-70 AND 5-3-80, RELATING TO THE CONDUCT AND RESULTS OF THE ELECTION INITIATED PURSUANT TO THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE REFERENCES TO THE ELECTION BEING CONDUCTED AND VOTES BEING COUNTED WITHIN THE ANNEXING MUNICIPALITY.
Rep. AYDLETTE continued speaking.
Reps. MATTOS and FOXWORTH spoke against the Bill.
The question then recurred to the passage of the Bill.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Arthur, J. Arthur, W. Bailey, G. Bailey, K. Barfield Beasley Blanding Brown, H. Burriss, J.H. Burriss, T.M. Cleveland Dangerfield Evatt Faber Felder Ferguson Foster Gilbert Gordon Griffin Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Huff Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Lewis Lockemy Martin, D. Martin, L. McBride McLellan McLeod Mitchell Neilson Nettles Pearce Petty Phillips, O. Rogers, J. Russell Sharpe Sheheen Shelton Simpson Taylor Toal Townsend Tucker Waldrop White Wilkins Williams Woodruff
Those who voted in the negative are:
Aydlette Blackwell Boan Bradley, P. Burriss, M.D. Carnell Chamblee Cooper Cork Davenport Day Derrick Fair Foxworth Gentry Jones Kay Koon Lake Mattos McAbee McEachin McKay McTeer Rawl Rice Rogers, T. Stoddard Sturkie Thrailkill Winstead
So, the Bill was read the third time, and ordered sent to the Senate.
Rep. McEACHIN moved to adjourn debate upon the following Joint Resolution until Tuesday, March 4, which was adopted.
H. 2915 -- Rep. McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO DELETE OBSOLETE LANGUAGE AND LIMIT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY TO FORTY LEGISLATIVE DAYS UNLESS EXTENDED BY A VOTE OF THREE-FOURTHS OF THE MEMBERS ELECTED TO BOTH HOUSES.
The following was taken up for immediate consideration:
H. 3448 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3310, RELATING TO ELECTION OF THE MEMBERS OF THE BOARD OF EDUCATION FOR BEAUFORT COUNTY, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER CONSIDERATION OF H. 2287 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3310 UNTIL SECOND READING OR IT IS OTHERWISE DISPOSED OF.
Be it resolved by the House of Representatives:
That H. 3310 be set by special order for second reading or other consideration immediately following the second reading or other consideration of H. 2287 and this special order consideration shall continue each legislative day thereafter immediately following the call of the uncontested calendar until H. 3310 is given second reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
Rep. TOAL asked unanimous consent to allow Reps. KEYSERLING and CORK to make a short statement on the Resolution, which was agreed to.
Rep. McTEER inquired whether a member may be heard on a Resolution setting a matter for Special Order.
Rep. SHEHEEN stated that Rule 6.2 proscribes that such matters be considered without debate.
The SPEAKER, citing Rule 6.2, stated that the Resolution must be considered without debate.
Rep. McTEER argued that there was a conflicting Rule which lists items which are non-debatable, and that the setting of a matter for Special Order was not on the list, creating a conflict between rules.
The SPEAKER stated that the specific language of Rule 6.2 was clear and unambiguous, and would take precedence.
Rep. CORK spoke against the Resolution.
Rep. KEYSERLING spoke in favor of the Resolution.
Rep. CORK inquired if there was precedent for setting a local Bill for Special Order.
The SPEAKER stated that it was not prohibited by the Rules, and although he did not recall it being done before, it was not improper to set the Bill for Special Order.
Rep. WHITE inquired if there had been interference by members outside the county affected by local legislation prior to this.
The SPEAKER stated that it had happened before, but was the rarity rather than the rule.
Rules Committee proposed the following Amendment No. 1 (Doc. No. 2225R), which was adopted.
Amend the resolution, as and if amended, by striking on line three /second/ and inserting /third/.
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted by a division vote of 25 to 18.
Rep. FELDER inquired whether S. 459 was on the Calendar.
Rep. TOAL stated that, if the Resolution was adopted, it would set the Bill for Special Order for a time after which it was to appear on the Calendar, which would be tomorrow. She further stated that it had been done in the past.
Rep. FELDER then raised the Point of Order that the Bill had not been on the Calendar, and therefore it was out of order to set it for Special Order.
The SPEAKER stated that any single member had the right to raise the 24-hour point, and that he had concern about the House, by majority vote setting a matter for Special Order, precluding that right of a member under the Rules. He then stated he would research the Point and rule after such research had been completed.
Rep. BLACKWELL then inquired if the 24-hour Point could be raised at this point.
The SPEAKER stated that he had not ruled on that Point, and would not be required to rule until the next day, when it would come up.
Rep. BLACKWELL then inquired, if the Bill had already been set for Special Order, whether it would be too late to raise the 24-hour point.
The SPEAKER stated that if he ruled that the 24-hour point had not been satisfied, that would take precedence over the Special Order, even though the House had voted upon it.
The question then recurred to the adoption of the Resolution, as amended.
Rep. CORK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Beasley Elliott Faber Gentry Gilbert Gordon Harvin Hendricks, B. Huff Keyserling Lewis Lockemy Martin, D. McTeer Neilson Rawl Rogers, T. Sheheen Toal Washington White Williams
Those who voted in the negative are:
Bradley, P. Burriss, M.D. Burriss, T.M. Chamblee Cork Davenport Evatt Fair Foxworth Harris, P. Hawkins Hearn Koon Phillips, O. Sharpe Sturkie Thrailkill Tucker Woodruff
So, the Resolution, as amended, was adopted.
The following was taken up for immediate consideration:
H. 3542 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 459, THE OMNIBUS CRIME BILL, FOR SECOND READING OR OTHER CONSIDERATION AT 10:30 P.M. ON FEBRUARY 27, 1986, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER OF S. 459 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 459 be set by special order for second reading or other consideration at 10:30 A.M. on February 27, 1986, and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 459 is given second reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
Rep. TOAL asked unanimous consent to amend the Resolution at the desk.
Rep. FELDER requested a clarification of the SPEAKER'S previous statement about the procedure of the House setting a matter for Special Order even though it had not appeared on the Calendar, and inquired whether any Bill in any Committee could then be set for Special Order, stating that the House does not have jurisdiction over the Bill until it has been placed upon the Calendar.
Rep. SHEHEEN stated that the Bill had been read across the desk earlier as a Committee Report, and was therefore in the jurisdiction of the House.
The SPEAKER replied that no Bill may ever be set for Special Order unless in the possession of the House, which means it has been read across the desk and either referred to Committtee and sent back to the desk by the Committee, or somehow escaped being sent to a Committee.
The question then recurred to the motion to amend the Resolution, which was agreed to.
The question then recurred to the adoption of the Resolution, as amended, which was agreed to.
The following was taken up for immediate consideration:
H. 3543 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2813, THE GASOLINE TAX BILL, FOR SECOND READING OR OTHER CONSIDERATION, IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF S. 459, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER OF H. 2813 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2813 be set by special order for second reading or other consideration, immediately following second reading or other disposition of S. 459 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 2813 is given second reading or it is otherwise disposed of.
Reps. McABEE, CARNELL and MANGUM proposed the following Amendment No. 1, which was adopted.
Amend as and if amended by striking the third line of the resolving words and the first 4 words in line four and inserting therefor "on April 15, 1986".
Rep. McABEE explained the amendment.
Rep. LIMEHOUSE moved to table the amendment which was not agreed to by a division vote of 20 to 52.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. McTEER proposed the following Amendment No. 2, which was adopted.
Amend as and if amended by striking the third line of the resolving words and the first 4 words in line four and inserting "on July 15, 1986".
Amend title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted by a division vote of 49 to 33.
Rep. AYDLETTE inquired if it was proper to set another Bill for Special Order during the time period that the House would be considering the Appropriations Bill.
Rep. TOAL stated that the motion of the Chairman of the Ways and Means Committee setting matters for Special Orders would interrupt all debate, even above Special Orders previously set.
Rep. McABEE moved to table the Resolution which was not agreed to by a division vote of 23 to 43.
Reps. McABEE, CARNELL and MANGUM proposed the following Amendment No. 3, which was tabled.
Amend as and if amended by striking the third line of the resolving words and the first 4 words in line four and inserting therefor "on April 16, 1986".
Rep. CARNELL explained the amendment.
Rep. McTEER moved to table the amendment.
Rep. T.M. BURRISS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, W. Bailey, K. Beasley Blanding Boan Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Chamblee Cleveland Cooper Davenport Day Derrick Faber Foster Gilbert Hearn Johnson, J.C. Jones Kirsh Klapman Koon Limehouse Lockemy McBride McEachin McKay McTeer Mitchell Moss Neilson Nettles Petty Phillips, O. Rawl Rogers, T. Russell Sharpe Sheheen Simpson Sturkie Townsend Tucker Waldrop Washington White Winstead Woodruff
Those who voted in the negative are:
Schwartz Alexander Altman Arthur, J. Aydlette Bailey, G. Barfield Blackwell Burriss, T.M. Carnell Cork Dangerfield Elliott Evatt Fair Felder Ferguson Foxworth Freeman Gentry Harris, P. Harvin Hawkins Helmly Hendricks, B. Johnson, J.W. Kay Keyserling Lake Lewis Mangum Martin, D. Martin, L. Mattos McAbee McLellan McLeod Pearce Rhoad Rice Rogers, J. Shelton Snow Stoddard Thrailkill Toal
So the amendment was tabled.
Reps. McABEE, CARNELL and MANGUM proposed the following Amendment No. 4, which was tabled.
Amend as and if amended by striking the third line of the resolving words and the first 4 words in line four and inserting therefor May 1, 1986".
Rep. McABEE explained the amendment.
Rep. SIMPSON raised the Point of Order that the amendment was dilatory.
The SPEAKER overruled the Point of Order.
Rep. McTEER moved to table the amendment which was agreed to by a division vote of 54 to 37.
Rep. McABEE moved to table the Resolution.
Rep. SHEHEEN raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. McABEE moved to continue the Resolution which was not agreed to by a division vote of 24 to 58.
Rep. LOCKEMY inquired whether the setting of a matter for Special Order on a date beyond the mandatory Sine Die adjournment date would bind the House to staying beyond the Sine Die date.
The SPEAKER replied in the negative.
The question then recurred to the adoption of the Resolution, as amended, which was agreed to by a division vote of 51 to 38.
The following was taken up for immediate consideration:
H. 3544 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2737, THE SOUTH CAROLINA INFRASTRUCTURE AUTHORITY BILL, FOR SECOND READING OR OTHER CONSIDERATION, IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF S. 459, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER OF H. 2737 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 2737 be set by special order for second reading or other consideration, immediately following second reading or other disposition of S. 459 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 2737 is given second reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
Rep. TOAL asked unanimous consent to amend the Resolution, which was agreed to.
Rep. McABEE proposed the following Amendment No. 1, which was rejected.
Amend as and if amended by striking after consideration on line 2 thru 2813 on line 4 and inserting April 15.
Rep. McABEE explained the amendment.
The question then recurred to the adoption of the amendment, which was not agreed to by a division vote of 14 to 58.
The question then recurred to the adoption of the Resolution, as amended, which was agreed to.
Rep. CARNELL moved that the House do now adjourn.
Rep. FELDER moved to reconsider the vote whereby H. 3542 was adopted.
Rep. SHEHEEN raised the Point of Order that the motion to reconsider would be up for immediate consideration, as motions could only be noted on local days, but that the motion could be made tomorrow.
Rep. FELDER argued that the motion that the House adjourn would take precedence over the motion to reconsider, and the motion would therefore be noted.
The SPEAKER sustained the Point of Order, stated the motion to adjourn would take priority, and that the motion to reconsider would be in order at any time the next day.
The question then recurred to the motion that the House do now adjourn, which was agreed to by a division vote of 48 to 45.
The Senate returned to the House with concurrence the following:
H. 3538 -- Rep. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARILYNN C. WILLIAMS, PRINCIPAL OF PLAIN ELEMENTARY SCHOOL IN SIMPSONVILLE, UPON HER SELECTION AS ONE OF THE FIFTY-FIVE OUTSTANDING ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS IN THE NATION.
At 3:45 P.M. the House in accordance with the motion of Rep. CARNELL adjourned to meet at 11:00 A.M. tomorrow.
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