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:
Eternal Father, from the noise of the world around, from the clamor of daily duties, from the confusion of many voices, we pause in these moments of prayer to seek Your leadership and guidance. Fit us each one for his tasks to make us strong in the Lord and in the power of His might. May we work this day so as to waste none of its hours, soil none of its moments, and fail none of its duties. Bring us to evening unblemished in character, undefeated by temptation, at peace with ourselves, at peace with our fellowbeings, and at peace with our God.
And to You, O Lord, shall flow our praise and thanksgiving. 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. T. ROGERS.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
January 7, 1986
The Honorable Robert R. Woods, Chairman
House of Representatives Invitations Committee
518-B Blatt Building
Columbia, SC 29211
Dear Mr. Woods:
A group of non-partisan Citadel graduates throughout South Carolina has been holding an annual Citadel Alumni Barbeque to honor the General Assembly, Constitutional Officers, Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Circuit Court. The barbeque is representative of our desire to continue our personal involvement in our State's political process. This year's Eleventh Annual Barbeque will be held on Tuesday, May 13, 1986 at 6:30 p.m. in the Cantey Building at the State Fairgrounds. Dress will be casual.
We would like to extend an invitation to you and the members of the House of Representatives to be our honored guests for the evening. We would also like to include your staff personnel, clerks, and attaches. A formal invitation will be sent to you and to the members of the House about 10 days prior to the dinner. I am sending this information to you in order for this date to be placed on the House calendar.
We are looking forward to having you, the members of the House, and your staff members with us on this evening.
Sincerely,
Thomas S. Linton, Jr.
Class of '68
January 29, 1986
The Honorable Liston Barfield, Acting Chairman
House Invitations Committee
Suite 518, Sol Blatt Building
Columbia, SC 29211
Dear Representative Barfield:
The South Carolina Department of Mental Health wishes to invite the honorable members of the House of Representatives to a breakfast. The breakfast will be held Thursday, May 29, 1986, from 7:45 o'clock to 8:45 o'clock in the morning at the University of South Carolina, Capstone.
The breakfast is in conjunction with the Second Annual Community Support Program Conference, sponsored by the Department of Mental Health. Community support programs provide services to people with severe and long term psychiatric disabilities to enable them to live productively in the community. I will be speaking briefly at the breakfast about these services.
Individual invitations will be sent to all of the House Members. I hope very much that all of you will be able to attend. Thank you.
Sincerely,
Joseph J. Bevilacqua, Ph.D.
State Commissioner of Mental Health
February 26, 1986
The Honorable Robert Woods, Chairman
House Invitations Committee
Room 328 Blatt Building
Columbia, SC 29201
Dear Bob:
The South Carolina National Guard Association and its members throughout the state would like to invite all members of the General Assembly and their spouse or guest, clerks, and attaches to a reception at the National Guard Armory on Wednesday, May 14, 1986, from 6-8:00 p.m. This is an annual event and our effort to show the members of the General Assembly our appreciation for their efforts in our behalf.
Sincerely,
Lt. Col. W. Sterling Anderson
Chairman, Legislative Committee
Past President, SCNG Association
February 27, 1986
The Honorable Ramon Schwartz, Jr.
Speaker of the House
509 Blatt Building
Columbia, SC 29211
Dear Speaker Schwartz:
The South Carolina Chamber of Commerce cordially invites the Members of the House, Clerks and Attaches to a Legislative Reception to be held Tuesday evening, May 6, 1986, from 6 to 8 p.m. at the Marriott Hotel, Columbia.
Sincerely,
Francis X. Archibald
Vice President
Business & Government Relations
April 12, 1986
The Honorable Robert R. Woods, Chairman
Invitations Committee, House of Representatives
P.O. Box 11867
Columbia, SC 29211
Dear Representative Woods:
The South Carolina Arts Commission and Governor Richard W. Riley will be presenting the 1985-86 Elizabeth O. Neill Verner Awards for achievement in the arts in South Carolina on Thursday, May 15, 1986.
We are inviting all members of the South Carolina General Assembly to attend the ceremony, beginning at 5:30 P.M. in the House Chambers of the State House, immediately followed by a reception in the State House.
The Arts Commission requests that this information be placed on the House calendar.
Sincerely,
Scott Sanders
Executive Director
The following were received.
April 24, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 699)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on April 24, 1986 regulations concerning Permits for Construction in Navigable Waters from the South Carolina State Budget and Control Board.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Ramon Schwartz, Jr.
April 29, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 716)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on April 25, 1986 regulations concerning the Continuing Education Program for the Board of Examiners for Registered Environmental Sanitarians from the Board of Examiners for Registered Sanitarians.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
The Senate returned to the House with amendments the following:
H. 2762 -- Reps. P. Harris, J. Harris, Woods and Helmly: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION OF POTENTIALLY DANGEROUS PERSONS WHO ARE MENTALLY ILL, SO AS TO CHANGE THE TIME WITHIN WHICH A HEARING ON THE ADMISSION MUST BE HELD FROM TWENTY DAYS TO FROM TEN TO FIFTEEN DAYS.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
On motion of Rep. KLAPMAN the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly:
H. 3703 -- Reps. Klapman, Felder, Sharpe and J.H. Burriss: A BILL TO PROVIDE THAT BEGINNING WITH TAX YEAR 1986, THERE IS NO LIMITATION ON THE NUMBER OF MILLS THAT MAY BE IMPOSED IN LEXINGTON COUNTY FOR THE BENEFIT OF THE FIRE DISTRICTS IN THE COUNTY.
On motion of Rep. T. ROGERS the House nonconcurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly:
H. 2608 -- Reps. T. Rogers, Harvin, Klapman, McBride, K. Bailey, Stoddard, Patterson, Evatt, Alexander, Faber, Blanding, Gulledge, Hayes, Freeman and Taylor: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 SO AS TO PROVIDE FOR AN AGENT ORANGE INFORMATION AND TESTING PROGRAM IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASSIST RESIDENT VETERANS WHO SERVED IN THE ARMED FORCES FROM 1959 THROUGH 1975 WHO HAVE BEEN EXPOSED TO CHEMICAL AGENTS AND TO AMEND CHAPTER 11, TITLE 25, BY ADDING SECTION 25-11-70 SO AS TO REQUIRE THE DEPARTMENT OF VETERANS AFFAIRS TO ASSIST THE SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN CARRYING OUT THE AGENT ORANGE INFORMATION AND TESTING PROGRAM.
On motion of Rep. FAIR the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly:
H. 2314 -- Rep. Fair: A BILL TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BICYCLES AND OTHER PLAY VEHICLES BY ADDING SECTION 56-5-3510 SO AS TO INCREASE THE LAWFUL AGE FOR THE OPERATION OF PEDAL BICYCLES WITH HELPER MOTORS RATED LESS THAN ONE HORSEPOWER (MOPEDS) FROM TWELVE TO FIFTEEN YEARS OF AGE, AND TO INCREASE THE PENALTY FOR VIOLATIONS; TO AMEND ARTICLE 1, CHAPTER 1 OF TITLE 56 RELATING TO DRIVERS' LICENSES BY ADDING SECTION 56-1-570 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF SECTION 56-5-3510 IS PROHIBITED FOR A PERIOD OF SIX MONTHS FROM THE DATE OF LAST CONVICTION FROM APPLYING FOR A DRIVER'S LICENSE; AND TO REPEAL ACT 287 OF 1973 AND ACT 156 OF 1977 WHICH NOW CONTAIN PROVISIONS REGULATING THE OPERATION OF THESE PEDAL BICYCLES.
The Senate returned to the House with amendments the following:
H. 2777 -- Reps. Day, Sharpe, G. Bailey, T. Rogers, Limehouse, Faber, Freeman, Shelton, Holt, O. Phillips, Archibald, J. Harris, Aydlette, Moss, Blackwell, Alexander, Simpson, Klapman, Williams, Davenport, Mattos, Cleveland, G. Brown, Fair, Rice, Rhoad, J. Arthur, Woods, Hawkins, Russell, Gregory, McTeer, Harvin, McBride, J.W. Johnson, Altman, T.M. Burriss, Hayes, Ogburn, Keyserling, Woodruff, Elliott, Toal, Schwartz and Townsend: A BILL TO AMEND ARTICLE 3 OF CHAPTER 13 OF TITLE 7, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-325, AND TO AMEND ARTICLE 5 OF CHAPTER 13 OF TITLE 7, AS AMENDED, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-615 SO AS TO PROVIDE THAT ANY PAPER BALLOT USED IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION MAY BE PRINTED ONLY ON ONE SIDE.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
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.
Rep. HEARN explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was introduced:
H. 3852 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF HALSTEAD TINDAL ANDERSON OF MACON, GEORGIA, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3853 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND GAIL STICKEL OF SUMTER COUNTY FOR HER DEDICATED AND LOYAL SERVICE AS A STAFF MEMBER OF THE SANTEE-LYNCHES COUNCIL FOR GOVERNMENTS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3854 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF STACY L. WHETSELL, CLARENDON COUNTY, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3855 -- Rep. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MR. GASSAWAY SMITH OF FOUNTAIN INN UPON THE OCCASION OF HIS 101st BIRTHDAY AND TO EXTEND TO HIM BEST WISHES FOR MANY MORE BIRTHDAYS TO COME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3857 -- Rep. Edwards: A CONCURRENT RESOLUTION CONGRATULATING MS. JILL BUIE OF SPARTANBURG COUNTY UPON WINNING THE SCRIPPS HOWARD REGIONAL SPELLING BEE AND THEREBY EARNING THE RIGHT TO COMPETE IN THE NATIONAL SPELLING BEE TO BE HELD IN WASHINGTON, D.C., FROM MAY 26-31, 1986, AND WISHING HER GOOD LUCK AND SUCCESS IN HER NEXT LEVEL OF COMPETITION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3856 -- Reps. Schwartz, Blanding, Griffin, G. Bailey, Huff, J. Harris, T. Rogers and Keyserling: A BILL TO PROHIBIT BURIAL OF SOLID WASTE IN PRIVATELY-OWNED LANDFILLS IN THIS STATE AFTER DECEMBER 31, 1986, TO AMEND SECTION 48-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS PURSUANT TO THE POLLUTION CONTROL ACT, SO AS TO PROHIBIT THE DEPARTMENT FROM ISSUING PERMITS FOR PRIVATELY-OWNED SOLID WASTE DISPOSAL LANDFILLS AFTER DECEMBER 31, 1986, AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CANCEL OPERATING PERMITS ISSUED TO OWNERS AND OPERATORS OF PRIVATELY-OWNED LANDFILLS EFFECTIVE JANUARY 1, 1987, AND TO REQUIRE THE ATTORNEY GENERAL TO COMMENCE CONDEMNATION PROCEEDINGS AGAINST PRIVATELY-OWNED LANDFILLS WHOSE PERMITS ARE CANCELLED.
Referred to Committee on Agriculture and Natural Resources.
S. 778 -- Senators Doar, Lourie and McLeod: A BILL TO ALLOW A NONREFUNDABLE STATE INCOME TAX CREDIT OF TWENTY PERCENT, NOT TO EXCEED THREE HUNDRED DOLLARS, FOR EXPENSES PAID BY THE TAXPAYER FOR INSTITUTIONAL INTERMEDIATE OR LICENSED BOARDING HOME CARE OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER WHOSE EXPENSES ARE NOT PAID FROM PUBLIC SOURCE FUNDS.
Referred to Committee on Ways and Means
S. 789 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 43-38-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS BY THE OMBUDSMAN OF THE GOVERNOR'S OFFICE, SO AS TO AUTHORIZE A GENERAL HOSPITAL IN WHICH A CLIENT, PATIENT, OR RESIDENT OF A HEALTH FACILITY HAS BEEN TREATED DURING THE PERIOD UNDER INVESTIGATION TO RELEASE MEDICAL RECORDS TO THE OMBUDSMAN UPON HIS WRITTEN REQUEST.
Referred to Committee on Judiciary.
S. 906 -- Senator Waddell: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 SO AS TO CREATE THE STATE BOARD OF GEOLOGIC EXAMINERS, TO DEFINE ITS POWERS AND DUTIES, TO REGULATE THE PRACTICE OF GEOLOGY, AND TO PROVIDE PENALITIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 920 -- Senator Applegate: A BILL TO AMEND SECTION 15-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS WHEN A CAUSE OF ACTION ACCRUES WHEN A PERSON IS OUT OF THE STATE, SO AS TO PROVIDE THAT THIS SECTION IS NOT APPLICABLE IF THE PERSON IS SUBJECT TO SERVICE OF PROCESS UNDER ANOTHER SECTION OF THIS CODE.
Referred to Committee on Judiciary.
S. 944 -- Senators Waddell, Leatherman, Lourie and Theodore: A BILL TO AMEND SECTIONS 12-7-20, AS AMENDED, 12-7-430, 12-7-435, 12-7-450, 12-7-455, 12-7-618, 12-7-2410, AND 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 101 OF 1985, ALL RELATING TO THE STATE INCOME TAX, SO AS TO MAKE TECHNICAL CORRECTIONS AND CORRECT REFERENCES FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX FEDERAL CONFORMING AMENDMENTS OF 1985, AND TO REDESIGNATE SECTION 12-35-1125 AS SECTION 12-35-1127 OF THE 1976 CODE, SO AS TO CORRECT THE DUPLICATION OF A DESIGNATION.
On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1099 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 OF TITLE 49 SO AS TO PROVIDE FOR AN OFFICE OF STATE CLIMATOLOGY.
Referred to Committee on Ways and Means.
S. 1166 -- Senators Moore, Drummond and Setzler: A JOINT RESOLUTION TO PROVIDE FOR THE HANDLING OF CERTAIN OIL OVERCHARGE REFUND MONIES, INCLUDING THE IMPOSITION OF DUTIES AND RESPONSIBILITIES UPON THE JOINT LEGISLATIVE COMMITTEE ON ENERGY; TO REQUIRE THAT ANY STATE AGENCY, BOARD, COMMISSION, INSTITUTION, OR OTHER ENTITY FUNDED FROM THE GENERAL FUND OF THE STATE WHICH RECEIVES A FINANCIAL GAIN AS A RESULT OF ENERGY EFFICIENCY IMPROVEMENTS UNDERTAKEN AS A RESULT OF THE STATE'S ENERGY PROGRAMS MUST BE EVALUATED AS TO THE ACTUAL ANNUAL DOLLAR SAVINGS ATTAINED; TO PROVIDE FOR THE REPORTING OF THE COST SAVINGS; TO PROVIDE FOR THE DEPOSIT OF OIL OVERCHARGE FUNDS IN INTEREST-BEARING ACCOUNTS AND FOR THE EARMARKING OF INTEREST EARNED; AND TO PROVIDE, AMONG OTHER THINGS, THAT THE STATE AUDITOR SHALL CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT AND BUDGET ADEQUATE FUNDS TO COVER ITS COST.
Referred to Committee on Labor, Commerce and Industry.
S. 1207 -- Senator Pope: A BILL TO AMEND SECTION 7-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN UNION COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR PRECINCT NUMBERS THIRTEEN AND TWENTY-SIX.
Without reference.
S. 1253 -- Judiciary Committee: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PEREMPTORY CHALLENGES IN CRIMINAL CASES IN CIRCUIT COURTS, SO AS TO CHANGE THE REFERENCE TO "RAPE" TO "CRIMINAL SEXUAL CONDUCT".
Referred to Committee on Judiciary.
S. 1262 -- Senators Mitchell, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Moore, E. Patterson, K. Patterson, Peeler, Pope, Powell, Ravenel, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Theodore, Thomas, Waddell, Williams and Wilson: A BILL TO ENACT "THE ANIMAL FIGHTING AND BAITING ACT", TO PROVIDE FOR THE SEIZURE, CARE, AND DISPOSITION OF ANIMALS AND TO PROVIDE PENALTIES, TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF OWNING AN ANIMAL FOR THE PURPOSE OF FIGHTING OR BAITING, BEING A PARTY TO OR CAUSING ANY FIGHTING OR BAITING OF ANY ANIMAL, PURCHASING, RENTING, LEASING, OR OTHERWISE ACQUIRING OR OBTAINING THE USE OF ANY STRUCTURE, FACILITY, OR LOCATION FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL, OR KNOWINGLY ALLOWING OR PERMITTING OR MAKING AVAILABLE ANY STRUCTURE, FACILITY, OR LOCATION TO BE USED FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL.
Referred to Committee on Judiciary.
S. 1263 -- Senators Ravenel, Fielding and McConnell: A BILL TO AMEND SECTIONS 6-25-20 AND 6-25-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "COST", OR "COST OF A PROJECT", CHANGE THE DEFINITION OF "MUNICIPALITY" AND "MEMBER OF A JOINT SYSTEM", TO PROVIDE ADDITIONAL POWERS FOR JOINT MUNICIPAL WATER SYSTEMS, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 6-25-111, 6-25-112, 6-25-113, 6-25-114, 6-25-125, 6-25-126, 6-25-127, 6-25-128, 6-25-145, AND 6-25-155, SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR JOINT MUNICIPAL WATER SYSTEMS.
Referred to Committee on Judiciary.
S. 1266 -- Senator Macaulay: A BILL TO PROVIDE THAT ANY PERSON DESIRING TO BE ELECTED TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF OCONEE COUNTY IN ANY ELECTION SHALL FILE NOTICE OF HIS CANDIDACY WITH THE COUNTY SUPERINTENDENT OF EDUCATION NOT LATER THAN THE DATE BY WHICH NOMINEES MUST BE CERTIFIED FOR PLACEMENT UPON THE BALLOT FOR THAT ELECTION AS PROVIDED BY LAW.
Without reference.
S. 1268 -- Senator Long: A BILL TO AMEND SECTION 12-35-1120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE SALES TAX TO FURNISHING OF RENTAL ACCOMMODATIONS, SO AS TO EXEMPT FROM SALES AND ACCOMMODATIONS TAXES THE PORTIONS OF THE GROSS PROCEEDS OF FURNISHING RENTAL ACCOMMODATIONS ATTRIBUTABLE TO GREENS FEES WHEN THE FEES ARE PAID TO A GOLF COURSE.
Referred to Committee on Ways and Means.
Rep. McABEE moved to waive Rule 6.1, which was agreed to.
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 Bennett Blackwell Blanding Blatt Boan Bradley, J. Brett Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Day Derrick Edwards Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth 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 Kohn Koon Lake Lewis Lockemy Mangum Marchant Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Petty Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker Waldrop Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on April, 29, 1986.
John H. Burriss A. Victor Rawl Charles L. Griffin III Lewis Phillips Jean Harris Larry E. Gentry Philip T. Bradley Lenoir Sturkie Jarvis R. Klapman G. Ralph Davenport Sterling Anderson Palmer Freeman
LEAVE OF ABSENCE
The SPEAKER granted Rep. MARCHANT a leave of absence for the remainder of the day to preside as Chairman of the NCSL Health and Human Resources Committee.
Announcement was made that Dr. Daniel W. Davis of Columbia is the Doctor of the Day for the General Assembly.
Rep. HUFF arose to a Point of Personal Privilege.
On motion of Rep. J. BRADLEY, with unanimous consent, Rep. HUFF's remarks were ordered printed in the Journal as follows:
"Ladies and gentlemen of the House, I have served in this body for eight years, and I have never taken the podium on a Point of Personal Privilege, and I have received plenty of criticism in those eight years. But never have I been as disappointed as I was when I picked up the newspaper after I was called by a number of people around the state and read the comments that were attributed to the South Carolina Medical Association as it relates to a Bill we are dealing with in the Judiciary Committee on what is commonly called "medical malpractice tort reform". I have likewise never seen as arrogant an attitude expressed by any particular professional group as I did on the pages of that newspaper. I had hoped, and I had expected, that a group of that caliber, and supposedly, of that intellect, would not stoop to classify the issue and to demean the issue in the terms that they did.
At first, considering this is the week of the football draft, when they told me they were out to get me, or were going to get me, I thought I was in that draft. And then when I heard comments that we don't get mad, we get even, I started to see the true tone of that article. Well, all that I can do in response is to say this, 'I hope that the South Carolina Medical Association, through its membership, through its political action committee, and by whatever other means, they contribute every blooming dime they can find to my opponent. I am elected by approximately 25,000 individuals in House District 83, to represent their interests and the interests of the people of the state of South Carolina, not any single special interest group, such as the South Carolina Medical Association. And I have considered that to be my platform, that I have served in here for the last eight years.
Now if they were misled by their lobbyist, or by anyone else, to expect an all-encompassing change in the tort system of this state in one year, in the waning days of the session, then that's not my fault, that's the people they pay to lobby here. But I am not going to sell the interests of the people of this state, and to limit and to curtail their abilities to go into the courtroom, based on someone saying that there is a crisis, and I have not seen those figures to prove that there is a crisis. Now if I wanted to do anything deliberately, and that is the reason, I understand, that they have targeted me, is that I deliberately stalled the tort bill, and tried to kill it. Well, that bill is still alive and well in my subcommittee. And each and every member of this House has a crack at getting it back onto the floor. At first, when I read the article, I thought about calling my committee together, and just going ahead and tabling it. But then, I thought that I would just be stooping to the plane that they have stooped to, and reducing it to individual personalities. But there are approximately three million people in this state, and I consider it an honor to look after their interests, and I think you do, too.
But to reduce the issue to one of campaign politics, as to who's going to get the most money, and who's going to vote the way I want them to, based on that contribution, as far as I'm concerned is a smack in the face of this General Assembly. I don't think any member in this House is going to accept money and sell their souls when they are going to have to look their constituency in the eyes of their district, when they're campaigning for reelection, and I don't intend to. So, I ask each and every member of this House to read that article, if you haven't read it. Basically, what they're saying, is that they're going to keep a tally sheet on all of us. And they're going to know who's voting which way, and they're going to know who's going to walk out of this chamber. Well, I've never taken a walk before, and I don't intend to take a walk on this issue. And I asked my committee chairman to have this Bill referred to my committee, because I thought we could give it due and proper consideration and deliberation. And my subcommittee met when the Senate had their public hearing and listened to the debate there. And then we had a public hearing and we listened to additional comments after that public hearing. I vote on issues based on merit, not on personalities. And as far as I'm concerned, there's a lot more facts and figures that need to come in on this issue, before we pass encompassing tort reforms.
More than doctors have things at stake here, there's a lot of professional groups in this state that have a lot at stake. I'm one of them. But the people that have the most at stake are the people that we represent. You explain to them when they go into a courtroom that their rights there have now been limited. And you tell them that insurance is not available, and it's your fault. I don't accept blame for that, not as a lawyer, and not as an individual. And there's a lot more people that have interests in this besides insurance companies and legislators. I hope and I pray that I don't see additional comments in the papers after I leave this podium today. But this is a major issue, and it's going to be one of the biggest issues that we're going to deal with next year. And I'm not going to be caught up in the emotionalism and the political pressures in the waning days of this session to pass half-loaf legislation as the President of the South Carolina Medical Association said it was. I'm not in that business, and I'm not going to put legislation on this floor that really doesn't deal with the issue, merely to satisfy one special interest group. That's not my duty, and that's not what I was elected to do, and that's not what you were elected to do. And I'm proud I'm a lawyer, and I'm proud I'm a member of this House. And if they want to target me, I'll put a bulls-eye on my back anyday. And if they want to work with Voter Registration, they can do that, too. But I'll tell you whose money I want, and whose concern I want, and that is the people that live in the homes of my district. That's all I'm concerned about, and that's the wishes that I'm going to pay attention to, is their wishes.
I'll extend -- as I did in my subcommittee meeting, which wasn't mentioned in the comments from the South Carolina Medical Association, and I'll repeat it again here today, because that was totally missed in this article -- to them an opportunity to meet with me and my subcommittee, along with the trial lawyers and any other interested group during the interim, to see if there is not a common ground that we can meet on to resolve this problem. And that's the invitation that I extended to them in that subcommittee. And I'll extend it here again today. To Dr. Roberts, to Dr. Rowland, and to any other doctor in that group that wants to sit down and to see if there's a way we can resolve this "crisis". Now I want to let this body know one other thing, when I had that public hearing a few weeks ago, I was approached by both sides as to what we wanted to hear. And the one law that I laid down with any group that wanted to come and make a presentation that morning was this, I don't want to hear from victims, I don't want to hear the tragic stories, I don't want to hear about large medical malpractice premiums that individuals are having to pay. I want to see facts. I want to see the number of lawsuits that have been filed, the verdicts that have been rendered, the frivolous lawsuits that have been filed. I want to see facts on the increases of premiums. I want to see the numbers of doctors who have shut their doors, who have closed their practices, and limited their field of practice. That's what I wanted to see, and that's what I wanted to hear. So our presentation was naturally very short and sweet. But I'll tell you this, if I want to do anything deliberately to any particular group, I'm going to do it up front, to their face, not in the back room, in a subcommittee meeting, not below these chambers, and not out in that foyer. It's not my business to pass legislation to justify the rehiring of any lobbyist.
So if they want a bill out this year, each and every one of you has the opportunity to recall a bill during the session. And if they haven't learned the tactics, and how they work, the best tactic I've learned since I've been up here is to be honest and forthright. That's how you get my attention. Thank you.
Rep. J. ROGERS 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 stated that Rule 6.1 had been waived, and he overruled the Point of Order.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3537 -- Reps. Felder and Lloyd Hendricks: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 1987, TELEPHONE CARRIER ACCESS CHARGES AND CUSTOMER ACCESS LINE CHARGES ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION OR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION ARE ALSO EXEMPT FROM THE SALES TAX.
S. 799 -- Senators Land and Theodore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-230 SO AS TO PERMIT QUALIFIED SURETY COMPANIES TO GUARANTEE ARREST BOND CERTIFICATES OFFERED BY AUTOMOBILE CLUBS AND ASSOCIATIONS; REQUIRING THE ACCEPTANCE OF THOSE GUARANTEED ARREST BOND CERTIFICATES IN THE EVENT OF VIOLATION OF CERTAIN MOTOR VEHICLE LAWS; AND TO PROVIDE FOR THE FORFEITURE OF THE GUARANTEED ARREST BOND CERTIFICATES.
S. 910 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF KNOWINGLY PRESENTING FALSE CLAIMS TO AN INSURANCE COMPANY FOR PAYMENT, SO AS TO MAKE IT UNLAWFUL TO KNOWINGLY ASSIST OR CONSPIRE WITH ANOTHER TO PRESENT A FALSE CLAIM TO AN INSURANCE COMPANY FOR PAYMENT AND TO CHANGE THE PENALTY FROM A FINE OR IMPRISONMENT IN THE DISCRETION OF THE COURT TO IMPRISONMENT FOR NOT MORE THAN FIVE YEARS OR A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS, OR BOTH.
Rep. McLEOD explained the Bill.
On motion of Rep. FELDER, with unanimous consent, it was ordered that H. 3537 be read the third time tomorrow.
On motion of Rep. McLEOD, with unanimous consent, it was ordered that S. 799 be read the third time tomorrow.
On motion of Rep. McLEOD, with unanimous consent, it was ordered that S. 910 be read the third time tomorrow.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill which was adopted.
H. 3477 -- Reps. Sheheen, Mangum, Gordon, Kirsh, Wilkins, White and Gregory: A BILL TO AMEND SECTIONS 38-5-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR INSURANCE COMPANIES AND THE COLLECTION AND DISPOSITION OF THE FEES, SO AS TO PROVIDE FOR FIXED LICENSE FEES AS SET BY REGULATION RATHER THAN ANNUAL FIXED LICENSE FEES OF SPECIFIED AMOUNTS; 38-5-400, RELATING TO A TWO HUNDRED DOLLAR LICENSE FEE FOR FOREIGN INSURANCE COMPANIES, SO AS TO PROVIDE FOR A LICENSE FEE AS SET BY REGULATION RATHER THAN AN ANNUAL LICENSE FEE IN THE SPECIFIED AMOUNT; 38-5-440, RELATING TO RETURNS AND PAYMENT OF GRADED LICENSE FEES ON DOMESTIC INSURANCE COMPANIES, SO AS TO PROVIDE THAT THE TAX IMPOSED IN SECTIONS 38-5-410 OR 38-5-420 MUST BE PAID QUARTERLY TO THE TAX COMMISSION RATHER THAN BE PAID IN FULL TO THE TAX COMMISSION AT THE TIME THE RETURN IS FILED; 38-5-770, RELATING TO UNEARNED PREMIUM RESERVES AND INSURANCE COMPANIES, SO AS TO DELETE REFERENCES TO CERTAIN FEES OF TWO HUNDRED DOLLARS AND PROVIDE INSTEAD FOR FEES AS SET BY REGULATION; 38-5-1250, RELATING TO THE REQUIREMENT THAT EXPENSES OF INVESTIGATIONS MUST BE PAID BY FIRE INSURANCE COMPANIES AND A TAX LEVY, SO AS TO PROVIDE THAT THE TAX IS TO BE COLLECTED QUARTERLY BY THE CHIEF INSURANCE COMMISSIONER; 38-21-710, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS, ANNUAL RENEWAL OF LICENSES, AND FEE, SO AS TO PROVIDE FOR BIENNIAL RENEWAL AND TO PROVIDE FOR CERTAIN FEES AS SET BY REGULATION RATHER THAN IN SPECIFIED AMOUNTS; 38-27-30, AS AMENDED, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES AND LICENSE, FEE, AND INTERROGATORIES, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A BIENNIAL, RATHER THAN AN ANNUAL, LICENSE FEE SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; 38-43-930, RELATING TO FIRE, MARINE AND INLAND MARINE AND CASUALTY AND SURETY RATES, RATING ORGANIZATIONS, AND ISSUANCE OR DENIAL OF LICENSE, DURATION, AND FEE, SO AS TO PROVIDE THAT THE FEE FOR THE LICENSE MUST BE SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; 38-45-160, RELATING TO RECIPROCAL INSURANCE AND FEES, TAXES, AND BOND OF ATTORNEY, SO AS TO PROVIDE FOR A LICENSE FEE AS SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT AND TO PROVIDE FOR BIENNIAL, RATHER THAN ANNUAL, RENEWAL; 38-47-30, RELATING TO THE ISSUANCE OF LICENSES TO INSURANCE BROKERS, SO AS TO PROVIDE FOR THE PAYMENT OF A BIENNIAL, RATHER THAN AN ANNUAL, LICENSE FEE AS SET BY REGULATION, RATHER THAN IN A SPECIFIED AMOUNT; 38-47-90, RELATING TO THE PROVISION THAT INSURANCE BROKERS' LICENSES ARE FOR AN INDEFINITE TERM UNLESS REVOKED OR SUSPENDED AND TO AN ANNUAL FEE PAYABLE AS PROVIDED BY REGULATION, SO AS TO PROVIDE FOR A BIENNIAL LICENSE FEE; 38-49-30, RELATING TO FEES FOR INSURANCE ADJUSTERS' LICENSES, SO AS TO PROVIDE THAT THE FEE FOR THIS LICENSE IS AS SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; 38-49-40, RELATING TO THE PROVISION THAT INSURANCE ADJUSTERS' LICENSES ARE FOR AN INDEFINITE TERM UNLESS REVOKED OR SUSPENDED AND TO AN ANNUAL FEE PAYABLE AS PROVIDED BY REGULATION, SO AS TO PROVIDE FOR A BIENNIAL LICENSE FEE; 38-51-90, RELATING TO FEES FOR LICENSES OF INSURANCE AGENTS AND SEMIANNUAL LICENSES, SO AS TO PROVIDE THAT BIENNIAL, RATHER THAN ANNUAL, FEES APPLICABLE TO AGENTS' LICENSES MUST BE SET BY REGULATION, RATHER THAN BE IN SPECIFIED AMOUNTS; 38-57-120, RELATING TO FIREMEN'S INSURANCE AND INSPECTION FUNDS AND THE PAYMENT OF A PORTION OF THE PREMIUMS REPORTED TO THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE FOR PAYMENT AND DELIVERY ON A QUARTERLY BASIS, RATHER THAN WITHIN SIXTY DAYS AFTER THE THIRTY-FIRST DAY OF DECEMBER OF EACH YEAR; 42-5-150, RELATING TO WORKERS' COMPENSATION, INSURANCE AND SELF-INSURANCE, AND RETURNS AND PAYMENT OF TAX, SO AS TO REQUIRE INSURANCE CARRIERS TO MAKE A REPORT, RATHER THAN A RETURN, ON A QUARTERLY BASIS, RATHER THAN ANNUALLY; AND 56-13-20, AS AMENDED, RELATING TO MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS AND, AMONG OTHER THINGS, THE REQUIRED LICENSE AND FEE, SO AS TO PROVIDE FOR A LICENSE FEE AS SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; TO PROVIDE THAT LICENSE FEES IN TITLE 38 MUST BE SET BY THE CHIEF INSURANCE COMMISSIONER BY REGULATION; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA INSURANCE COMMISSION.
Rep. L. MARTIN moved to adjourn debate upon the following Bill, which was adopted.
S. 210 -- Senators Bryan, Long, Mitchell and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-80, SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO FILES A WORKERS' COMPENSATION CLAIM OR EXERCISES ANY RIGHT, PRIVILEGE, OR DUTY UNDER THE WORKERS' COMPENSATION LAW AND TO LIMIT THE AMOUNT OF DAMAGES WHICH MAY BE IMPOSED ON THE EMPLOYER.
Rep. McLELLAN moved to adjourn debate upon the following Bill, until Tuesday, May 6, which was adopted.
H. 3840 -- Reps. McLellan and Cleveland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-250 SO AS TO MAKE IT ILLEGAL FOR ANYONE TO UTILIZE A WATER VESSEL AS A DWELLING PLACE FOR SEVEN CONSECUTIVE DAYS WITHOUT HAVING THE METHOD OF SEWERAGE DISPOSAL OF THE WATER VESSEL APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE A PENALTY FOR VIOLATION, TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
The following Bill was taken up.
H. 3792 -- Rep. McLeod: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS UNDER WHICH INSURANCE MAY BE SOLD TO AND REQUIRED OF A BORROWER FOR INSURING PERSONAL PROPERTY SECURING A LOAN, SO AS TO ADD UNEMPLOYMENT INSURANCE TO THAT INSURANCE AUTHORIZED TO PROVIDE PERIODIC BENEFITS WHICH MAY NOT EXCEED AN AMOUNT WHICH EQUALS THE AMOUNT OF EACH PERIODIC INSTALLMENT PAYMENT MADE UNDER THE LOAN CONTRACT, AND TO AMEND SECTION 37-3-202 RELATING TO THE ADDITIONAL CHARGES THAT A LENDER MAY CONTRACT FOR AND RECEIVE IN CONNECTION WITH A CONSUMER LOAN, SO AS TO AUTHORIZE UNEMPLOYMENT INSURANCE TO BE PROVIDED A DEBTOR.
Reps. T. ROGERS, Day, and McBRIDE objected to the Bill.
The following Bill was taken up.
S. 892 -- Senator Garrison: A BILL TO AMEND ACT 188 OF 1985, RELATING TO THE FIRE PROTECTION SPRINKLER SYSTEM ACT, SO AS TO PROVIDE CERTAIN EXCEPTIONS.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5790k).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 15 of Act 188 of 1985 is amended to read:
"Section 15. Whenever the State Fire Marshal has reason to believe that any person is or has been violating any provision of this act he or his deputy or assistant may issue and deliver to the person an order to cease and desist such violation. Any person who fails to comply with any order under this section is guilty of a misdemeanor and may be punished as provided by law. In addition, the State Fire Marshal may impose a penalty, not to exceed two hundred fifty dollars, for each day the violation exists. Violation of any provision of this act or failure to comply with a cease and desist order is cause for revocation of the State Fire Marshal's certificate license. Decisions may be appealed in the same manner as provided for in Section 23-9-70 of the 1976 Code."
SECTION 2. Act 188 of 1985 is amended by adding:
"Section 15A. The requirement that an applicant have a NICET Level III certificate holder who is at present a full-time owner, partner, officer, or in a management position is waived until January 31, 1987, if the application is accompanied by a sworn affidavit that at least one person that is now a full-time owner, partner, officer, or in a management position with the applicant is currently in the process of taking the test required to obtain NICET Level III certification."
SECTION 3. Act 188 of 1985 is amended by adding a new Section 13A to read:
"Section 13A. The provisions of this act do not apply to licensed mechanical contractors performing emergency repair work on existing fire protection sprinkler systems or existing water spray systems or existing water foam systems where the labor cost of the work does not exceed one thousand dollars or to persons engaged in the planning, installation, repair, alteration, addition, maintenance or inspection of a fire protection sprinkler system or water spray system or water foam system on their own property or that of their normal employer.
SECTION 4. This act shall take effect upon approval by the Governor.
Amend title to conform
Rep. T.M. BURRISS explained the amendment.
Reps. J. ARTHUR, O. PHILLIPS and GORDON objected to the Bill.
The following Bill was taken up.
S. 970 -- Senator Martin: A BILL TO AMEND SECTION 39-57-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "BUSINESS OPPORTUNITY", SO AS TO PROVIDE THAT IT DOES NOT INCLUDE SALES OR LEASES WHERE THE SELLER HAS A NET WORTH ON A CONSOLIDATED BASIS OF NOT LESS THAN TWENTY MILLION DOLLARS.
Debate was resumed on Amendment No. 1, which was introduced on Thursday, April 24, by the Committee on Labor, Commerce and Industry.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 970 be read the third time tomorrow.
Rep. McLEOD moved to adjourn debate upon the following Bill, which was adopted.
S. 979 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-5-680, 38-5-700, AND 38-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITS REQUIRED OF INSURANCE COMPANIES, TO CIRCUMSTANCES UNDER WHICH FOREIGN INSURERS ARE NOT REQUIRED TO MAKE DEPOSITS IN THIS STATE, AND TO THE FILING OF SURETY BONDS OR DEPOSITS OF SECURITIES BY SURETY COMPANIES, SO AS TO DELETE SURETY BONDS AS ACCEPTABLE SECURITY, TO INCREASE THE AMOUNT WHICH MUST BE DEPOSITED IN ANOTHER STATE FROM THREE HUNDRED THOUSAND DOLLARS TO ONE MILLION DOLLARS AND TO DEFINE AN "INSURANCE COMPANY" AS A LICENSED STOCK INSURER POSSESSED OF AT LEAST TEN MILLION DOLLARS INSTEAD OF THREE MILLION DOLLARS OF CAPITAL OR SURPLUS, TO INCREASE THE AMOUNT OF THE DEPOSIT REQUIRED OF SURETY COMPANIES FROM FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS, AND TO DELETE THE REQUIREMENT THAT THE SURETY BOND BE APPROVED BY THE ATTORNEY GENERAL.
Rep. T. ROGERS moved to adjourn debate upon the following Bill until Thursday, May 1, which was adopted.
S. 1017 -- Senators Shealy, Theodore and Mitchell: A BILL TO AMEND CHAPTER 7 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIZE FIGHTING AND BOXING, SO AS TO PROVIDE THAT THE CHAPTER SHALL RELATE TO STATE AND COUNTY ATHLETIC COMMISSIONS, TO INCREASE THE MEMBERSHIP OF THE STATE ATHLETIC COMMISSION FROM SEVEN TO NINE, TO INCLUDE WRESTLING IN THE SPORTS REGULATED, TO PROVIDE FOR WAIVERS OF CAUSES OF ACTION AGAINST ANY OFFICIAL INVOLVED IN AN ATHLETIC EVENT AND TIME REQUIREMENTS RELATING TO THE FILING OF APPLICATIONS, TO DELETE REQUIREMENTS FOR ANNUAL REPORTS BY COUNTY ATHLETIC COMMISSIONS, AND TO DELETE RESPONSIBILITIES OF COUNTY ATHLETIC COMMISSIONS WHICH ARE ASSIGNED TO THE STATE ATHLETIC COMMISSION.
The following Bill was taken up.
S. 1123 -- Labor, Commerce and Industry Committee: A BILL TO CREATE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, AND TO PRESCRIBE ITS POWERS, DUTIES, AND FUNCTIONS.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5788k).
Amend the bill, as and if amended, by amending SECTION 4 to read:
SECTION 4. The Council shall make such recommendations to the Governor, the General Assembly, and the State Budget and Control Board as to the policies, and programs, and financing of all state agencies involved in the state's economic development as it considers necessary.
The Governor, the General Assembly, the State Budget and Control Board or any other state agency may refer to the Council for investigation, study, and advice on any matter involved in economic development.
The Council shall review any agency requests for legislative appropriations for the purpose of economic development, and may make recommendations to the State Budget and Control Board and the General Assembly concerning these as may be considered desirable, and may make further recommendations from time to time to the State Budget and Control Board as the Council may consider in the interest of improving economic development in the State. Nothing herein limits any agency's direct access to the General Assembly and comment by this Council is not a part of the budget process.
Amend the bill, as and if amended, SECTION 5, page 4, by deleting lines 5 through 11 and lines 17 through 21, so that when amended SECTION 5 shall read:
/SECTION 5. Any funds for technical, administrative, and clerical assistance, and other expenses of the Council must be provided by the member agencies.
The Council may establish technical advisory committees in order to improve coordination among agencies of state government and to strengthen the partnership with local government and allies from the private sector.
The Council shall seek to utilize data relevant to the economic growth and development of the State which is available from the Department of Highways and Public Transportation, the University of South Carolina, and Clemson University, and other state agencies and organizations./
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Rep. J. ROGERS moved that the House recede until 2:30.
Rep. GREGORY moved that the House do now adjourn.
Rep. BEASLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, J. Blatt Burriss, M.D. Carnell Fair Gregory Griffin Harvin Hearn Huff Koon Mangum McAbee
Those who voted in the negative are:
Schwartz Alexander Altman Arthur, J. Bailey, G. Beasley Bennett Blackwell Blanding Boan Bradley, J. Brett Brown, H. Brown, J. Brown, R. Burriss, J.H. Chamblee Cleveland Cooper Cork Dangerfield Day Derrick Edwards Elliott Evatt Faber Ferguson Foster Foxworth Gentry Gordon Harris, J. Harris, P. Hawkins Hayes Helmly Hendricks, B. Holt Johnson, J.W. Kay Keyserling Kirsh Klapman Kohn Lake Lewis Limehouse Lockemy Martin, D. McBride McEachin McKay McLellan McLeod McTeer Mitchell Neilson Ogburn Petty Phillips, L. Phillips, O. Rawl Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Stoddard Taylor Thrailkill Toal Townsend Tucker Waldrop White Wilkins Williams
So, the House refused to adjourn.
The question then recurred to the motion to recede until 2:30, which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 1, Rep. L. MARTIN having the floor.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. L. MARTIN having the floor.
S. 1123 -- Labor, Commerce and Industry Committee: A BILL TO CREATE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, AND TO PRESCRIBE ITS POWERS, DUTIES, AND FUNCTIONS.
Debate was resumed on Amendment No. 1, which was introduced by the Committee on Labor, Commerce and Industry.
Rep. L. MARTIN continued speaking.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1.
Rep. LOCKEMY moved that the House recur to the morning hour, which was not agreed to by a division vote of 14 to 48.
The following was received from the Senate.
The following was received.
Columbia, S.C., April 29, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3703:
H. 3703 -- Reps. Klapman, Felder, Sharpe and J.H. Burriss: A BILL TO PROVIDE THAT BEGINNING WITH TAX YEAR 1986, THERE IS NO LIMITATION ON THE NUMBER OF MILLS THAT MAY BE IMPOSED IN LEXINGTON COUNTY FOR THE BENEFIT OF THE FIRE DISTRICTS IN THE COUNTY.
and asks for a committee of Conference and has appointed Senators Shealy, Setzler and Wilson of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 52
Whereupon, the Chair appointed Reps. KLAPMAN, KOON and SHARPE 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.
Columbia, S. C., April 29, 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. 971:
S. 971 -- Senators Holland, E. Patterson, Matthews and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-771 SO AS TO PROVIDE A PROCEDURE BY WHICH ELECTORS WHO, BECAUSE OF PHYSICAL HANDICAP OR AGE, MAY VOTE OUTSIDE OF THE POLLING PLACE, AND TO AMEND SECTION 7-15-120, AS AMENDED, RELATING TO THE FORMS REQUIRED FOR ABSENTEE VOTER REGISTRATION, SO AS TO AUTHORIZE A PERSON APPLYING UNDER THE PHYSICALLY DISABLED DUE TO ILLNESS OR INJURY CATEGORY TO BE REGISTERED PERMANENTLY IF HE PRESENTS A WRITTEN STATEMENT OF THE DISABILITY BY HIS DOCTOR TO HIS COUNTY BOARD OF REGISTRATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 51
Received as information.
The following was received.
Columbia, S. C., April 29, 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. 24:
S. 24 -- Senator Theodore: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 14 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR ACTIVE MEMBERS OF THE UNITED STATES MILITARY RESERVE, INCLUDING PROVISIONS FOR A FEE AND FOR CRIMINAL PENALTIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 50
Received as information.
The following was received.
Columbia, S. C., April 29, 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. 580:
S. 580 -- Senator Wilson: A BILL TO AMEND SECTION 29-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, SO AS TO PROVIDE THAT THE PREVAILING PARTY IN AN ACTION TO ENFORCE THE LIEN MAY RECOVER COSTS AND ATTORNEYS' FEES AND TO AMEND SECTION 29-5-20, RELATING TO MECHANICS' AND OTHER MATERIALMEN'S LIENS, SO AS TO PROVIDE THAT THE PREVAILING PARTY IN AN ACTION TO ENFORCE THE LIEN MAY RECOVER COSTS AND ATTORNEYS' FEES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 49
Received as information.
The following was received.
Columbia, S. C., April 29, 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. 879:
S. 879 -- Senators Wilson and Setzler: A BILL TO AMEND SECTION 59-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PERMIT ABBREVIATED SCHOOL HOURS ON THE FINAL TWO DAYS OF THE SCHOOL YEAR.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 48
Received as information.
The following was introduced:
H. 3858 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3690, RELATING TO EXEMPTION OF CERTAIN COLLEGES AND UNIVERSITIES FROM APPROPRIATIONS REDUCTIONS FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THIRD READING OR OTHER DISPOSITION OF H. 3671 AND SECOND READING OR OTHER DISPOSITION ON SPECIAL ORDER IF SUCH OCCURS ON H. 3345 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3690 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 3690 be set by special order for second reading or other consideration immediately following third reading or other disposition of H. 3671 and second reading or other disposition of H. 3345 on special order if such occurs and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 3690 is given second reading or it is otherwise disposed of.
Rep. TOAL explained the Resolution.
The Resolution was adopted.
Speaker: "This will set a precedent, since we have none on it. Since the Wildlife Bill was ahead in priority of the Children's Agency Bill, I am ruling that of Mrs. HEARN's two motions, the first to be up for consideration relates to her motion to consider that which had priority on the Special Order calendar, the Wildlife Bill."
Rep. Winstead: "I have a question for you. I somewhat concur with what your ruling is, Mr. Speaker, but my question is a little bit of a parliamentary inquiry. The way that the Calendar is set ..."
Speaker: "I apologize for that, I had not gotten in touch with the Clerk. I should have had the Calendar set, and that's why I asked for everybody's attention and order, in order that I could explain. I think where you have matters set for Special Order, and my ruling goes no further than this, where you have a Calendar set for Special Orders, one on a motion to reconsider the vote whereby the Special Order was set, the other on a motion to reconsider where the prior Special Order had received second reading, I'm going to leave them in that same order that this House had set them. I'm going to take up the motion to reconsider that relates to the Special Order on second reading before the reconsideration of setting another Bill for Special Order thereafter.
Rep. Winstead: "I understand that, but where my problem is coming, Mr. Speaker, is in the way the Calendar is set. Because of the way this Calendar is set, we go through the Second Reading Uncontested matters as listed in the Rules, then on page 9 is the Special Order, which in this particular case, is 3345, and then you move to the Withdrawal of Objections, and then for the Motions to Reconsider. Where my problem comes in, Mr. Speaker, is in the order of daily business as set by our Rules and by the Calendar. What I'm saying is trying to help us along. When we have the motions to reconsider, should they not be posted in the Calendar before the Special Orders?"
Speaker: "This is the first time we've ever had such a ruling. I am blazing new territory with my ruling today. I am not taking it any further than it needs to be taken. I am relating only to Bills set for Special Order, and their priority and secondary motions attached thereto."
Rep. Winstead: "So what your ruling is now is that if they pertain to the Special Order, they appear before the Special Order Calendar starts, but any other motions to reconsider would still stay in that proper place."
Speaker: "Yes, sir. I am not trying to rule on anything more than your Special Order matters. I'm not going to take it beyond that which I have to."
Rep. B.L. HENDRICKS inquired if the second reading of a Bill is reconsidered, and the previous question had been invoked prior to its receiving second reading, whether the previous question be in effect when reconsidered.
The SPEAKER replied in the affirmative.
The motion of Rep. HEARN to reconsider the vote whereby the following Bill was given a second reading was taken up.
H. 3671 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450, 50-9-460, 50-9-470, 50-9-500, ALL AS AMENDED, AND SECTIONS 50-9-15, 50-9-135, 50-9-140, AND 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING AND FISHING LICENSES, GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145, 50-9-455, AND ARTICLE 8 TO CHAPTER 11 OF TITLE 50, SO AS TO PROVIDE PENALTIES FOR ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS ON THEM.
Rep. TOAL moved to table the motion.
Rep. BARFIELD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Bailey, K. Bennett Blanding Bradley, P. Brett Brown, G. Brown, H. Brown, R. Burriss, T.M. Carnell Cooper Cork Dangerfield Derrick Evatt Foster Foxworth Gilbert Gregory Griffin Harris, P. Hawkins Hayes Helmly Huff Johnson, J.C. Johnson, J.W. Kay Klapman Lake Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McEachin McLellan McTeer Mitchell Neilson Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Russell Sheheen Shelton Snow Stoddard Toal Townsend Tucker Wilkins Williams Winstead Woodruff
Those who voted in the negative are:
Barfield Blackwell Brown, J. Burriss, J.H. Burriss, M.D. Chamblee Cleveland Davenport Day Elliott Faber Gentry Gordon Harris, J. Hendricks, B. Holt Jones Kirsh Koon McBride McKay McLeod Moss Nettles Ogburn Petty Sharpe Simpson Taylor Thrailkill Waldrop Washington White
PAIRED
Rep. Beasley (Present) No:
Rep. Pearce (Absent) Yes:
So, the motion to table the motion to reconsider was agreed to.
The motion of Rep. HEARN to reconsider the vote whereby the following Resolution was adopted was taken up.
H. 3829 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3345, RELATING TO THE ADOPTION PROVISIONS IN THE CHILDREN'S CODE, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H.3671 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.3345 UNTIL SECOND READING OR OTHER DISPOSITION.
Rep. KIRSH moved to table the motion.
Rep. BARFIELD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Anderson, J. Bailey, K. Beasley Bennett Blanding Brown, H. Brown, J. Brown, R. Cooper Cork Davenport Day Evatt Faber Foster Foxworth Gordon Gregory Griffin Harris, J. Hawkins Hayes Helmly Hendricks, B. Johnson, J.W. Kirsh Lake Lewis Martin, D. Martin, L. Mattos McBride McLeod Mitchell Nettles Ogburn Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Sheheen Shelton Snow Toal Washington White Wilkins Williams Winstead Woodruff
Those who voted in the negative are:
Arthur, J. Bailey, G. Barfield Blackwell Bradley, P. Brett Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Dangerfield Derrick Elliott Gentry Gilbert Harris, P. Hearn Holt Huff Johnson, J.C. Jones Kay Koon Limehouse Lockemy McAbee McEachin McLellan McTeer Moss Neilson Petty Russell Sharpe Short Simpson Stoddard Thrailkill Townsend Tucker Waldrop
So, the motion to table the motion to reconsider was agreed to.
Rep. HEARN moved that the House do now adjourn.
Rep. J. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Blackwell Bradley, P. Burriss, M.D. Carnell Dangerfield Foxworth Griffin Harris, P. Hearn Johnson, J.C. Kay Mangum McAbee Simpson Thrailkill Townsend Tucker Waldrop
Those who voted in the negative are:
Schwartz Alexander Anderson, J. Bailey, G. Bailey, K. Beasley Bennett Blanding Brett Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Chamblee Cleveland Cooper Cork Davenport Day Derrick Elliott Evatt Fair Felder Foster Gentry Gilbert Gordon Gregory Harris, J. Hawkins Hayes Helmly Hendricks, B. Holt Huff Johnson, J.W. Jones Kirsh Kohn Koon Lake Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McBride McEachin McLellan McTeer Mitchell Moss Neilson Nettles Ogburn Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Washington White Wilkins Winstead Woodruff
So, the House refused to adjourn.
The SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3345 -- Reps. Kirsh, White, Rawl, Washington, D. Martin, Winstead, Freeman, Foster, J. Rogers, Hawkins and Gordon: A BILL TO AMEND SECTIONS 20-7-1740, 20-7-1780, AS AMENDED, 20-7-1900, 20-7-1930 THROUGH 20-7-1970, 20-7-2000 THROUGH 20-7-2020, 20-7-2060, AND 20-7-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION PROVISIONS IN THE CHILDREN'S CODE, SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO DELETE ALL REFERENCES TO THE CHILDREN'S BUREAU (BUREAU); SECTIONS 20-7-2300 THROUGH 20-7-2310, AND 20-7-2340, AS AMENDED, RELATING TO THE BUREAU, SO AS TO DELETE ALL PROVISIONS PERTAINING TO THE BUREAU, PROVIDE THAT THE CHILD IS THE PRIMARY CLIENT OF STATE ADOPTIVE PROGRAMS, ESTABLISH A SINGLE PUBLIC ADOPTION SYSTEM WITHIN THE DEPARTMENT, PROVIDE FOR THE ADMINISTRATION OF THE PUBLIC ADOPTION AGENCY BY THE DEPARTMENT, AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH FEES FOR ADOPTION AND RELATED SERVICES; TO ADD SECTION 20-7-1945 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES (DEPARTMENT) TO CONDUCT A STUDY OF THE ADEQUACY OF MEDICAL, SHELTER, AND SUPPORT SERVICES FOR BIRTH PARENTS AND DETERMINE WHAT IMPROVEMENTS ARE NEEDED TO ESTABLISH A TRANSITION COMMITTEE TO ASSIST IN THE TRANSFER OF ALL OPERATIONS FROM THE BUREAU TO THE DEPARTMENT, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL MAKE AS PROMPTLY AND PRACTICABLE AS POSSIBLE THE NECESSARY TRANSFERS TO CARRY OUT THE TRANSITION COMMITTEE'S PLAN, AND TO PROVIDE FOR THE COMPOSITION, POWERS, AND DISSOLUTION OF THE COMMITTEE; TO PROVIDE THAT ALL APPLICATIONS ON FILE WITH THE BUREAU AND THE DEPARTMENT ON THE EFFECTIVE DATE OF THIS ACT SHALL RECEIVE PRIORITY CONSIDERATION FOR ADOPTIVE PLACEMENTS WITH THE DEPARTMENT; TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ACT; AND TO REPEAL SECTIONS 20-7-1830 THROUGH 20-7-1890, 20-7-2320, 20-7-2325, 20-7-2330, AND 20-7-2350 THROUGH 20-7-2370 RELATING TO THE VARIOUS RESPONSIBILITIES OF THE BUREAU REGARDING ADOPTION, THE PROVISIONS AUTHORIZING THE BOARD OF DIRECTORS OF THE BUREAU TO PRESCRIBE POLICIES AND ADMINISTRATIVE DUTIES OF THE BUREAU, DISBURSEMENT OF FUNDS APPROPRIATED TO THE BUREAU BY THE GENERAL ASSEMBLY, THE PROVISIONS CONCERNING THE FEES FOR SERVICES PROVIDED BY THE BUREAU, REQUIREMENT THAT THE BOARD OF DIRECTORS MUST HIRE A SUPERVISOR OF THE BUREAU, THE REQUIREMENT OF AN ANNUAL REPORT BY THE BUREAU, AND THE PENALTY PROVISIONS FOR VIOLATION OF SUBARTICLE 3 OF ARTICLE 13 OF CHAPTER 20 OF TITLE 7 (CHILDREN'S BUREAU).
Rep. KIRSH explained the Bill.
Rep. KIRSH continued speaking.
Rep. KIRSH continued speaking.
Rep. HEARN requested that the Bill be read.
Rep. TOAL raised the Point of Order that the request to have the Bill read was not in order as the amendments were before the House at this time, not the Bill.
The SPEAKER stated that no amendments had been published, the request was in order, and he overruled the Point of Order.
The Reading Clerk read the Bill.
Rep. KIRSH moved immediate cloture on the entire matter.
Rep. HEARN moved to table the motion.
Rep. SIMPSON moved that the House do now adjourn.
Rep. J. BRADLEY inquired whether it was necessary to give the Bill a second reading today in order that it reach the Senate prior to the deadline.
The SPEAKER stated all bills must be received prior to Thursday, May 1.
Rep. SIMPSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Barfield Bradley, P. Brett Burriss, J.H. Burriss, M.D. Carnell Dangerfield Foxworth Harris, P. Harvin Hearn Johnson, J.C. Kay Limehouse Mangum McAbee Russell Simpson Taylor Thrailkill Townsend Tucker Washington Woodruff
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Bailey, G. Bailey, K. Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, J. Brown, R. Chamblee Cleveland Cork Davenport Day Derrick Evatt Faber Felder Foster Gilbert Gregory Harris, J. Hawkins Hayes Helmly Huff Keyserling Kirsh Klapman Koon Lake Lockemy Martin, D. Martin, L. Mattos McBride McEachin McLellan Mitchell Moss Neilson Nettles Ogburn Petty Phillips, L. Rawl Rhoad Rice Rogers, J. Rogers, T. Sharpe Sheheen Shelton Snow Toal White Wilkins Williams Winstead
So, the House refused to adjourn.
The question then recurred to the motion to table the motion to invoke immediate cloture on the entire matter.
Rep. TOAL raised the Point of Order that the motion to invoke immediate cloture was not subject to the motion to table.
The SPEAKER, citing precedent, sustained the Point of Order.
The question then recurred to the motion to invoke immediate cloture on the entire matter.
The yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Bailey, K. Beasley Bennett Blanding Boan Brown, J. Brown, R. Burriss, J.H. Cooper Cork Day Evatt Faber Felder Ferguson Foster Gilbert Gregory Harvin Hawkins Hayes Helmly Johnson, J.W. Kirsh Koon Lake Martin, D. Mattos McBride McKay McLeod Mitchell Nettles Ogburn Phillips, L. Rawl Rhoad Rice Rogers, J. Rogers, T. Shelton Snow Toal Washington White Williams
Those who voted in the negative are:
Anderson, S. Arthur, J. Barfield Blackwell Bradley, J. Bradley, P. Brett Brown, G. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Dangerfield Davenport Derrick Elliott Foxworth Harris, J. Harris, P. Hearn Holt Huff Johnson, J.C. Jones Kay Keyserling Klapman Limehouse Lockemy Mangum Martin, L. McAbee McEachin McLellan Moss Neilson Petty Sheheen Simpson Taylor Thrailkill Townsend Tucker Waldrop Wilkins Winstead Woodruff
So, immediate cloture was ordered.
Reps. McABEE and CARNELL proposed the following Amendment No. 1 (Doc. No. 3956R), which was adopted.
Amend the bill, as and if amended, in Section 13, page 11, by striking line 44 and inserting: /repealed and upon certification by the Transition Committee to the State Budget and Control Board that the transition has been completed./
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH asked unanimous consent to amend the amendment at the desk, which was agreed to.
The amendment was then adopted.
Rep. HEARN moved to continue the Bill.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Barfield Bradley, P. Burriss, M.D. Dangerfield Davenport Derrick Foxworth Harris, P. Harvin Hearn Holt Huff Johnson, J.C. Jones Kay Lockemy Mangum McLellan Petty Russell Simpson Thrailkill Townsend Tucker Woodruff
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Bailey, G. Bailey, K. Beasley Bennett Blanding Boan Bradley, J. Brett Brown, H. Brown, J. Brown, R. Burriss, J.H. Chamblee Cleveland Cooper Cork Day Evatt Faber Felder Foster Gilbert Gregory Harris, J. Hawkins Hayes Helmly Johnson, J.W. Keyserling Kirsh Klapman Koon Lake Lewis Limehouse Martin, D. Martin, L. Mattos McBride McLeod Mitchell Moss Ogburn Phillips, L. Rawl Rice Rogers, J. Rogers, T. Sheheen Shelton Snow Taylor Toal Waldrop Washington White Wilkins Williams Winstead
So, the House refused to continue the Bill.
Reps. McABEE and CARNELL proposed the following Amendment No. 2 (Doc. No. 3954R), which was adopted.
Amend the bill, as and if amended, in Section 9, page 10, by inserting immediately after line 12: /The Transition Committee must approve the structure for service delivery required by Section 11 of this act./
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Reps. McABEE and CARNELL proposed the following Amendment No. 3 (Doc. No. 3952R), which was tabled.
Amend the bill, as and if amended, by inserting immediately after Section 6, page 6:
/SECTION 6A. The Department of Social Services shall develop a plan by July 1, 1987, to maximize the use of private adoption agencies as agents for seeking adoptive homes for all children in its care who need adoptive homes./
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 41 to 27.
Reps. HEARN and P. HARRIS proposed the following Amendment No. 4 (Doc. No. 4018R), which was tabled.
Amend the bill, as and if amended, page 2, Section 1, beginning on line 39, by striking /Children's Bureau of South Carolina are transferred to the adoption program within the Department of Social Services/ and inserting /adoption program within the Department of Social Services are transferred to the Children's Bureau of South Carolina/.
Amend further, page 3, beginning on line 10, subsection (a) of Section 20-7-1740, as contained in SECTION 2, by striking /the Children's Bureau of the State of South Carolina, or by and inserting /the Children's Bureau of the State of South Carolina, or by/.
Amend further, page 3, beginning on line 37, subsection (c) of Section 20-7-1780, as contained in SECTION 3, by striking /Children's Bureau in the State of South Carolina, or in the Department of Social Services of the State of South Carolina/ and inserting /Children's Bureau in the State of South Carolina, or in the Department of Social Services of the State of South Carolina/.
Amend further, page 4, beginning on line 9, Section 20-7-1900, as contained in SECTION 4, by striking /Department of Social Services and the Children's Bureau/ and inserting /Department of Social Services and the Children's Bureau/.
Amend further, page 4, beginning on line 12, Section 20-7-1930, as contained in SECTION 4, by striking /Department of Social Services and Children's Bureau/ and inserting /Department of Social Services and Children's Bureau/.
Amend further, page 4, beginning on line 18, Section 20-7-1930, as contained in SECTION 4, by striking /Department of Social Services and the Children's Bureau/ and inserting /Department of Social Services and the Children's Bureau/.
Amend further, page 4, beginning on line 24, Section 20-7-1940, as contained in SECTION 4, by striking /Department of Social Services or the Children's Bureau/ and inserting /Department of Social Services or the Children's Bureau/.
Amend further, page 4, beginning on line 40, Section 20-7-1950, as contained in SECTION 4, by striking /Department of Social Services or the Children's Bureau/ and inserting /Department of Social Services or the Children's Bureau/.
Amend further, page 5, beginning on line 38, Section 20-7-1960, as contained in SECTION 4, by striking /Department of Social Services or the Children's Bureau/ and inserting /Department of Social Services or the Children's Bureau/.
Amend further, page 5, line 44, by striking /Department of Social/ and inserting /Department of Social/ and on page 6, beginning on line 1, by striking /Services and the Children's Bureau/ and inserting /Services and the Children's Bureau/.
Amend further, page 6, beginning on line 18, Section 20-7-1945, as contained in SECTION 5, by striking /Department of Social Services/ and inserting /Children's Bureau/.
Amend further, page 6, line 31, Section 20-7-2000, as contained in SECTION 6, by striking /Children's Bureau of South Carolina/ and inserting /Children's Bureau of South Carolina/, beginning on line 34 by striking /South Carolina Department of Social Services/ and inserting /South Carolina Department of Social Services/, and beginning on line 36 by striking /Children's Bureau and the Department of Social Services department/ and inserting /Children's Bureau and the Department of Social Services/.
Amend further, page 7, beginning on line 1, Section 20-7-2020, as contained in SECTION 6, by striking /Children's Bureau of South Carolina Department of Social Services/ and inserting /Children's Bureau of South Carolina/.
Amend further, page 7, beginning on line 21, Section 20-7-2020, as contained in SECTION 6, by striking /the Executive Director of the Children's Bureau or the Commissioner of the Department of Social Services/ and inserting /the Executive Director of the Children's Bureau or the Commissioner of the Department of Social Services/.
Amend further, page 7, beginning on line 31, Section 20-7-2060, as contained in SECTION 6, by striking /Children's Bureau of South Carolina Department of Social Services/ and inserting /Children's Bureau of South Carolina/.
Amend further, page 7, beginning on line 43, Section 20-7-2070, as contained in SECTION 6, by striking /Children's Bureau Department of Social Services/ and inserting /Children's Bureau/.
Amend further, page 8, beginning on line 17, Section 20-7-230, as contained in SECTION 8, by striking /The Children's Bureau of the State of South Carolina is established./ and inserting /The Children's Bureau of the State of South Carolina is established./
Amend further, page 8, beginning on line 28, by striking Section 20-7-2310, as contained in SECTION 8, and inserting:
/Section 20-7-2310. There is hereby created a Board of Directors for the Children's Bureau of South Carolina, to be composed of two members from each congressional district. The Governor shall also serve as an ex officio member of the Board. The members of the Board shall be appointed by the Governor with the advice and consent of the Senate, and shall receive such per diem and mileage as is provided by law for members of boards, commissions and committees while engaged in the work of the Board. Members shall hold office for a term of four years, except that of the six members first appointed, one shall be appointed for a term of four years, one for a term of three years, two for a term of two years and two for a term of one year. The Children's Bureau shall administer an adoption program on behalf of the State. Adoption services must be available statewide. The adoption program provided by the Children's Bureau must be a centrally administered state program. The Children's Bureau shall designate regions which will be administered by the state office. The adoption unit shall constitute a separate and distinct unit within the Children's Bureau so as to assure specialization of effort and effective access to the executive director. This unit must be staffed with qualified personnel professionally trained in the social work or other related fields.
The Children's Bureau shall continually evaluate its staffing, functions, policies, and practices on the basis of nationally recognized standards.
A committee to advise the Children's Bureau on all children's services must be appointed by the Board of Directors. Persons appointed to the committee must be knowledgeable on adoption, protective services, foster care, and other children's services./
Amend further, page 9, line 28, Section 20-7-2340, as contained in SECTION 8, by striking /department/ and inserting /Children's Bureau/.
Amend further, page 10, line 1, Section 20-7-2340, as contained in SECTION 8, by striking /Department/ and inserting /Children's Bureau/.
Amend further, page 10, beginning on line 11, SECTION 9, by striking /Children's Bureau of South Carolina to the Department of Social Services/ and inserting /Department of Social Services to the Children's Bureau of South Carolina/.
Amend further, page 10, beginning on line 38, SECTION 9, by striking /Chidren's Bureau to the Department of Social Services. The Department of Social Services/ and inserting /Department of Social Services to the Children's Bureau. The Children's Bureau/.
Amend further, page 11, line 5, Section 10, by striking /department/ and inserting /Children's Bureau/.
Amend further, page 11, beginning on line 23, SECTION 11, by striking /Department of Social Services/ and inserting /Children's Bureau/, on line 26 by striking /department/ and inserting /Children's Bureau/, on line 28 by striking /commissioner/ and inserting /executive director/, and on line 29 by striking /department/ and inserting /Children's Bureau/.
Amend further, page 11, line 37, SECTION 12, by striking /department/ between /the/ and /./ and inserting /Children's Bureau/ and by striking /department/ between /The/ and /is/ and inserting /Children's Bureau/. When amended, line 37 shall read: /by the Children's Bureau. The Children's Bureau is required/.
Amend title to conform.
Rep. HEARN explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 45 to 29.
Rep. KIRSH proposed the following Amendment No. 5 (Doc. No. 4049R), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Sections 20-7-1870 and 20-7-1880 of the 1976 Code are amended to read:
"Section 20-7-1870. All private individuals, including midwives, physicians and nurses, hospitals, and the offices of all private institutions, as well as agencies and organizations, who shall remove a child within six months after its birth from its natural mother shall report to the Bureau Department the names and addresses of the parents of such child and the names and addresses of the persons with whom the child is left, unless the person removing the child from its natural mother knows of his own knowledge that the child was born in wedlock and was not removed from its mother because of immoral surroundings.
Section 20-7-1880. No person shall bring or send into this State from any territory or country any child and, leaving it, place such child in a foster home or procure its adoption unless the person so bringing or sending such child shall have first notified the Children's Bureau Department of his intention to do so and provide the appropriate information as required by the Children's Bureau Department. In cases where the Department of Social Services is contacted by a sending agency of another territory or country in regard to providing foster care placement in this State, the Department shall notify the Children's Bureau of its intentions as to bringing and placing the child. The Department is also charged with informing the Bureau as to the location and well-being of the child on a yearly basis and to provide information on the disposition of the case.
The person bringing or sending the child into the State shall report at least once each year, and at such other times as the Bureau shall direct, as to the location and well-being of the child so long as the child remains in the State and until it shall have reached the age of eighteen years or has been legally adopted."/
Amend further by striking SECTION 13 on page 11 and inserting:
/SECTION 13. Sections 20-7-1830 through 20-7-1860 and 20-7-1890, 20-7-2320, 20-7-2325, 20-7-2330 and 20-7-2350 through 20-7-2370 of the 1976 Code are repealed./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 6 (Doc. No. 3913R), which was adopted.
Amend the bill, as and if amended, by striking SECTION 14 on page 12 and inserting:
/SECTION 14. Sections 1, 9, 10, 11, and 12 shall take effect upon approval by the Governor and Sections 2, 3, 4, 5, 6, 7, 8, and 13 shall take effect July 1, 1987./.
Amend title to conform.
Rep. KIRSH explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 58 to 8.
Rep. LOCKEMY proposed the following Amendment No. 7, which was tabled.
Amend as and if amended.
By adding a new section stating the Department of Social Services must be certified to the same extent nationally as the Children's Bureau of South Carolina as of May 1, 1986 within one year after the effective date of this act.
Rep. SIMPSON moved that the House do now adjourn.
Rep. KIRSH 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. SIMPSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Bennett Blackwell Bradley, P. Brett Burriss, M.D. Carnell Cleveland Dangerfield Davenport Edwards Elliott Fair Harris, P. Harvin Hearn Huff Johnson, J.C. Kay Mangum McAbee McEachin McKay Petty Rhoad Russell Simpson Tucker Wilkins Williams
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Bailey, G. Beasley Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Chamblee Cooper Cork Day Derrick Evatt Faber Felder Foster Gilbert Gregory Harris, J. Hawkins Hayes Helmly Jones Keyserling Kirsh Klapman Lake Lockemy Martin, D. Martin, L. Mattos Mitchell Moss Neilson Nettles Ogburn Phillips, L. Rice Rogers, J. Rogers, T. Sharpe Shelton Snow Taylor Washington White Winstead
So, the House refused to adjourn.
Rep. LOCKEMY moved to table the amendment which was agreed to.
Rep. HEARN proposed the following Amendment No. 8 (Doc. No. 4115R), which was tabled.
Amend the bill, as and if amended, by adding the following new section appropriately numbered:
/SECTION ___. There is established the Child Protective Services Review Board to be appointed by the Governor consisting of thirteen members to review child abuse and neglect cases as conducted by the Department of Social Services. One member must be appointed from each congressional district of the State and one member must be appointed from the State at large. In addition, there must be a representative from the South Carolina Bar, a member from the South Carolina Medical Association, a psychiatrist or psychologist, a teacher, a member from Child Advocates of South Carolina, Inc., and a member from the League of Women Voters. The members may not be associated with a state agency as a provider of services to children, nor may any member be a contractor who receives state or federal funds for his work with children. The members' terms are coterminous with that of the Governor. The Child Protective Services Review Board's recommendations to the Department of Social Services with regard to cases must be considered, and, if the Department of Social Services intends not to follow the recommendations, a report from the Commissioner of the Department of Social Services must be submitted to the Child Protective Services Review Board in writing within ten days of receipt of the recommendations giving the reasons why the recommendations are not going to be followed by the Department of Social Services. A copy of the recommendations of the Child Protective Services Review Board and the written response from the Department of Social Services must be forwarded to the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH raised the Point of Order that Amendment No. 8 to H.3345 was not germane to the Bill.
The SPEAKER overruled the Point of Order.
Rep. HEARN explained the amendment.
Rep. EVATT spoke against the amendment and moved to table the amendment.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 19.
Rep. HEARN proposed the following Amendment No. 9 (Doc. No. 4119R), which was ruled out of order.
Amend the bill, as and if amended, by adding the following new section appropriately numbered:
/SECTION ___. Travel vouchers of the Department of Social Services must be made available to the public during office hours and copies furnished to the public, upon request, at the regular cost of copying./
Renumber sections to conform.
Amend title to conform.
Rep. HEARN explained the amendment.
Rep. BLACKWELL raised the Point of Order that Amendment No. 9 to H.3345 was not germane to the Bill.
The SPEAKER sustained the Point of Order, and ruled the amendment out of order.
Rep. HEARN raised the Point of Order that persons, not specifically entitled to be in the House chamber, were in violation of Rule 10.1 by being admitted to the House chamber and lobbying for legislation.
The SPEAKER reminded the staff that such activity was specifically forbidden by the Rules, and that staff members were to refrain from lobbying.
Rep. HEARN proposed the following Amendment No. 10 (Doc. No. 4118R), which was tabled.
Amend the bill, as and if amended, by adding the following new section appropriately numbered:
/SECTION ___. The Department of Social Services' office of legislative liaison is abolished, and no funds may be used by the Department of Social Services for lobbying. As use in this section, the word "funds" includes, but is not limited to, salaries, expenses, staff time, and resources. Any funds used or appropriated for the office of legislative liaison or for lobbying by the Department of Social Services must be used solely for child protective services, foster care, and adoption./
Renumber sections to conform.
Amend title to conform.
Rep. BLACKWELL raised the Point of Order that Amendment No. 10 to H. 3345 was not germane to the Bill.
The SPEAKER overruled the Point of Order.
Rep. HEARN explained the amendment.
Reps. LOCKEMY and WINSTEAD spoke against the amendment.
Rep. WINSTEAD moved to table the amendment which was agreed to by a division vote of 59 to 6.
Rep. SIMPSON moved that the House do now adjourn.
Rep. WINSTEAD 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. SIMPSON demanded the yeas and nays, which were not ordered.
The House refused to adjourn by a division vote of 32 to 46.
Rep. HEARN proposed the following Amendment No. 11 (Doc. No. 4120R), which was tabled.
Amend the bill, as and if amended, by adding the following new section appropriately numbered:
/SECTION ___. The Legislative Audit Council shall audit the Department of Social Services annually in the areas of child protective services, foster care, and adoption. These annual audits must be furnished to the United States Health and Human Services Office in Atlanta, Georgia, and in Washington, D. C., to both houses of the General Assembly, and to the Governor and must, upon request, be furnished also to any other state agency and to the public./
Renumber sections to conform.
Amend title to conform.
Rep. HEARN explained the amendment.
Rep. KIRSH moved to table the amendment.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 51 to 18.
Rep. HEARN proposed the following Amendment No. 12 (Doc. No. 4121R), which was tabled.
Amend the bill, as and if amended, by adding the following new section appropriately numbered:
/SECTION ___. The Department of Social Services annually shall make a written report to the Governor and the General Assembly disclosing the amount of Social Security and Medicare benefits collected for the minor recipients under the custody and control of the Department of Social Services, the amount retained by the Department of Social Services, and the amount given to the child or minor or to the person or agency with whom the child or minor resides./
Renumber sections to conform.
Amend title to conform.
Rep. BLACKWELL raised the Point of Order that Amendment No. 12 was not germane to the Bill.
The SPEAKER overruled the Point of Order.
Rep. HEARN explained the amendment.
Rep. BLACKWELL spoke against the amendment and moved to table the amendment which was agreed to.
Rep. HEARN proposed the following Amendment No. 13 (Doc. No. 4126R), which was tabled.
Amend the bill, as and if amended, by adding the following new section appropriately numbered to read:
/SECTION ___. The Department of Social Services shall, upon request, disclose the number of children in temporary and permanent custody that are available for adoption./
Renumber sections to conform.
Amend title to conform.
Rep. HEARN explained the amendment.
Rep. WASHINGTON moved to table the amendment.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 42 to 23.
Rep. SIMPSON moved that the House do now adjourn.
Rep. L. PHILLIPS 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. HEARN demanded the yeas and nays, which were not ordered.
The House refused to adjourn by a division vote of 37 to 49.
Rep. HEARN proposed the following Amendment No. 15 (Doc. No. 4130R), which was tabled.
Amend the bill, as and if amended, by adding the following new section appropriately numbered:
/SECTION ___. An autopsy must be performed on any deceased child who had a previous history of abuse or in any case where a report of abuse has been made against anyone living in the home where the child resided just prior to his death./
Renumber sections to conform.
Amend title to conform.
Rep. BLACKWELL raised the Point of Order that Amendment No. 15 was not germane to the Bill.
The SPEAKER overruled the Point of Order.
Rep. HEARN explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment which was agreed to.
Rep. S. ANDERSON proposed the following Amendment No. 16 (Doc. No. 4125R), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section ____. The Department of Social Services, before it may accept as a client a parent or parents, or prospective parent or parents who wish to relinquish their child for adoption, must first provide them with an informational brochure which outlines the services available from and the procedure used to select adoptive parents by the Department and by the licensed private adoption agencies in this State. It must also contain a listing of the licensed private adoption agencies in this State. The information contained in the brochure relating to the private adoption agencies must be jointly authored by the private adoption agencies and furnished to the Department. The Department may not accept the above persons as clients until a period of forty-eight hours has elapsed from the time they are furnished this brochure, and the Department upon accepting these persons as clients must have them sign an affirmative statement that they have received this brochure and this statement must be kept in the adoption file maintained by the Department./
Renumber sections to conform.
Amend title to conform.
Rep. S. ANDERSON explained the amendment.
The amendment was then adopted.
Reps. LOCKEMY and NEILSON proposed the following Amendment No. 17 (Doc. No. 4129R), which was adopted.
Amend the bill, as and if amended, in SECTION 12, page 11, by inserting before /The/ on line 37: /The first applicant on the priority list of the Children's Bureau must be first in the merged priority list and the first applicant in the Department of Social Service's priority list must be second on the merged priority list and the remaining applicants on the priority list of each agency must alternately be assigned to the next position on the merged priority list until all applications on the priority lists of both agencies are incorporated into the merged list./
Amend title to conform.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted.
Rep. S. ANDERSON proposed the following Amendment No. 14 (Doc. No. 4132R), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section ____. Any state agency having the function of providing adoption services, before it may accept as a client a parent or parents, or prospective parent or parents who wish to relinquish their child for adoption, must first provide them with an informational brochure which outlines the services available from and the procedure used to select adoptive parents by the agency and by the licensed private adoption agencies in this State. It must also contain a listing of the licensed private adoption agencies in this State. The information contained in the brochure relating to the private adoption agencies must be jointly authored by the private adoption agencies and furnished to the agency. The agency may not accept the above persons as clients until a period of forty-eight hours has elapsed from the time they are furnished this brochure, and the agency upon accepting these persons as clients must have them sign an affirmative statement that they have received this brochure and this statement must be kept in the adoption file maintained by the agency./
Renumber sections to conform.
Amend title to conform.
Rep. S. ANDERSON moved to table the amendment, which was agreed to.
Rep. HEARN spoke against the Bill.
Rep. HEARN continued speaking.
Rep. CARNELL moved that the House do now adjourn.
Rep. KIRSH 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. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Barfield Brett Burriss, M.D. Carnell Chamblee Edwards Fair Hearn Johnson, J.C. Kay McAbee Rhoad Russell Simpson Thrailkill Townsend Tucker Wilkins Williams
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Bailey, G. Bailey, K. Beasley Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, T.M. Cooper Cork Davenport Day Derrick Evatt Faber Felder Foster Foxworth Gilbert Gregory Harris, J. Harvin Hawkins Hayes Helmly Johnson, J.W. Keyserling Kirsh Klapman Koon Lake Lockemy Martin, D. Martin, L. Mattos McBride McEachin McLellan Mitchell Moss Nettles Ogburn Petty Phillips, L. Rawl Rice Rogers, J. Rogers, T. Sheheen Shelton Snow Taylor Toal White Woodruff
So, the House refused to adjourn.
Rep. HEARN continued speaking.
Rep. SIMPSON 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:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Bailey, G. Bailey, K. Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Burriss, T.M. Chamblee Cooper Cork Day Evatt Faber Fair Felder Ferguson Foster Gilbert Gregory Harris, J. Hawkins Hayes Helmly Holt Johnson, J.W. Keyserling Kirsh Lake Limehouse Martin, D. Martin, L. Mattos McBride McLeod Mitchell Nettles Ogburn Phillips, L. Rawl Rhoad Rice Rogers, J. Rogers, T. Shelton Snow Taylor Toal Washington White Wilkins Williams Winstead
Those who voted in the negative are:
Anderson, S. Arthur, J. Barfield Bradley, P. Brett Burriss, J.H. Burriss, M.D. Carnell Cleveland Davenport Derrick Edwards Foxworth Harvin Hearn Huff Johnson, J.C. Kay Klapman Koon Lockemy McAbee McEachin McKay McLellan Moss Petty Russell Sheheen Simpson Thrailkill Townsend Tucker Woodruff
So, the Bill, as amended, was read the second time and ordered to third reading.
I wish to be recorded as voting against the Bill.
REP. DANGERFIELD
Rep. J. BRADLEY asked unanimous consent that H. 3345 be read a third time tomorrow.
Reps. HEARN and J. ARTHUR objected.
Rep. EVATT made a short statement relative to H. 3345.
Rep. McABEE moved that the House do now adjourn which was adopted by a division vote of 41 to 40.
On motion of Rep. HUFF, with unanimous consent, the Senate amendments to the following Bill were taken up for consideration.
H. 2155 -- Reps. Gulledge, Tucker, Faber, Klapman, Chamblee, Davenport, Foxworth and J. Harris: A BILL TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES AND FORFEITURE AND DISPOSITION OF CONVEYANCES USED TO TRANSPORT ILLEGAL DRUGS, SO AS TO REQUIRE ONLY THE SHOWING OF NEED INSTEAD OF SUBSTANTIAL AND COMPELLING NEED THAT A LAW ENFORCEMENT AGENCY MUST SHOW IN REQUESTING THE COURT TO TRANSFER TO THE AGENCY AN ITEM OR TITLE TO AN ITEM SEIZED IN AN ARREST; TO AUTHORIZE THE PROCEEDS FROM THE SALE OF AN ITEM TO BE REMITTED TO THE LAW ENFORCEMENT AGENCY WITH NO FURTHER DISCLOSURE OF DISPOSITION OF THE ITEM REQUIRED; AND TO AMEND SECTION 44-53-588, RELATING TO A SPECIAL ACCOUNT REQUIRED TO BE SET UP BY THE STATE TREASURER FOR PROCEEDS FROM THE SALE OF A FORFEITED ITEM WHICH MUST BE REMITTED IN A LIMITED AMOUNT TO THE BODY OR AGENCY WHICH SEIZED THE ITEM, SO AS TO REQUIRE THE STATE TREASURER TO REMIT TO THE LAW ENFORCEMENT AGENCY INSTEAD OF A LOCAL GOVERNING BODY THE LIMITED PROCEEDS FROM THE SALE OF THE FORFEITED ITEM, TO DELETE THE REQUIREMENT THAT THE PROCEEDS MUST BE USED FOR DRUG REHABILITATION PURPOSES, AND TO PROHIBIT THE USE OF THESE FUNDS TO SUPPLANT CURRENT OPERATING FUNDS WITHIN THE LOCAL LAW ENFORCEMENT AGENCY'S BUDGET.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with concurrence the following:
H. 3852 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF HALSTEAD TINDAL ANDERSON OF MACON, GEORGIA, UPON HIS DEATH.
H. 3853 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND GAIL STICKEL OF SUMTER COUNTY FOR HER DEDICATED AND LOYAL SERVICE AS A STAFF MEMBER OF THE SANTEE-LYNCHES COUNCIL FOR GOVERNMENTS.
H. 3854 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF STACY L. WHETSELL, CLARENDON COUNTY, UPON HIS DEATH.
H. 3855 -- Rep. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MR. GASSAWAY SMITH OF FOUNTAIN INN UPON THE OCCASION OF HIS 101st BIRTHDAY AND TO EXTEND TO HIM BEST WISHES FOR MANY MORE BIRTHDAYS TO COME.
H. 3857 -- Rep. Edwards: A CONCURRENT RESOLUTION CONGRATULATING MS. JILL BUIE OF SPARTANBURG COUNTY UPON WINNING THE SCRIPPS HOWARD REGIONAL SPELLING BEE AND THEREBY EARNING THE RIGHT TO COMPETE IN THE NATIONAL SPELLING BEE TO BE HELD IN WASHINGTON, D.C., FROM MAY 26-31, 1986, AND WISHING HER GOOD LUCK AND SUCCESS IN HER NEXT LEVEL OF COMPETITION.
At 6:05 P.M. the House in accordance with the motion of Rep. McABEE adjourned to meet at 10:00 A.M. tomorrow.
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