Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, Who has so marvelously revealed Thyself in the world about us, forbid that we should behold the beauty of the world and give no heed to its Maker. Hold ever before us the clear vision of Thy holiness. Keep us sincere and temperate in our speech, faithful and diligent in our work, considerate and understanding in our dealing with others, grateful for and loyal to every hallowed memory, and mindful of our eternal destiny. Make us wise in all that we ought to know, and strong in all that is important.
And to Thee shall be the glory and the praise. 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. L. PHILLIPS.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The Senate returned to the House with amendments the following:
H. 3245 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 19 SO AS TO CREATE THE CHILDREN'S CASE RESOLUTION SYSTEM, TO DEFINE THE PURPOSES AND FUNCTIONS OF THE SYSTEM, AND TO OUTLINE THE REQUIREMENTS OF DECISIONS BY THE SYSTEM.
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.
Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3300 -- Reps. J. Rogers, J. Bradley, Huff, Lewis, McBride, Mitchell, Neilson, Russell, Sharpe, Shelton, Winstead, B.L. Hendricks, R. Brown, Evatt, Harvin, Snow, Hayes, Keyserling, J. Harris, Davenport, Hawkins, J. Anderson, Jones, Waldrop, Tucker, Chamblee, Barfield, J.H. Burriss, Sturkie, Ogburn, Gentry, McKay, Wilkins, J.C. Johnson, Lockemy, Gilbert, Limehouse, Carnell, Day, Griffin, Nettles, Woodruff, McTeer, Brett, and T. Rogers: A BILL TO AMEND SECTIONS 12-21-2590 AND 12-21-2600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO LICENSE FEES AND ADMISSIONS TAXES SO AS TO DOUBLE THE APPLICABLE LICENSE FEES AND TAXES, AND TO AMEND SECTION 12-21-2620, RELATING TO THE DISPOSITION OF BINGO REVENUES, SO AS TO PROVIDE THAT ONE-HALF OF THE REVENUES MUST BE DEPOSITED IN A SEPARATE FUND FOR THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND CREDITED TO THE ACCOUNT OF EACH COUNTY FOR DISTRIBUTION BY THE DEPARTMENT IN GRANTS FOR PARKS AND RECREATION DEVELOPMENT.
Ordered for consideration tomorrow.
Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3309 -- Rep. Rawl: A BILL TO AMEND ACT 76 OF 1977, AS AMENDED, THE "SOUTH CAROLINA STATE HOUSING AUTHORITY ACT OF 1977", SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE "STATE HOUSING AUTHORITY PROGRAM FUND" TO BE ADMINISTERED BY THE STATE HOUSING AUTHORITY, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE USE OF THE MONIES IN THE FUND AND THE INVESTMENT OF CERTAIN PORTIONS OF THESE MONIES.
Ordered for consideration tomorrow.
Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3409 -- Reps. Mangum, Kirsh, McTeer and Elliott: 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.
Ordered for consideration tomorrow.
Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3457 -- Rep. McAbee: A BILL TO AMEND SECTION 10, PART II, ACT 201 OF 1985, RELATING TO THE AUTHORIZATION OF A STATE AGENCY TO PAY A NEW EMPLOYEE'S MOVING EXPENSES, SO AS TO REQUIRE THE EMPLOYEE'S PLACE OF RESIDENCE TO BE LOCATED FIFTY MILES OR MORE FROM THE AGENCY INSTEAD OF OUTSIDE THE STATE.
Ordered for consideration tomorrow.
Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3645 -- Reps. Mangum, McLellan, McLeod and Kirsh: A BILL TO REQUIRE DOMESTIC INSURANCE COMPANIES TO PAY THE SAME LICENSE FEES AND TAXES REQUIRED OF FOREIGN INSURANCE COMPANIES; TO REQUIRE ALL INSURANCE FEES AND TAXES TO BE PAID TO THE CHIEF INSURANCE COMMISSIONER; TO PROVIDE FOR DISTRIBUTION OF PART OF PREMIUM TAXES TO COUNTIES IN LIEU OF COUNTY FEES AND TAXES; TO AMEND SECTION 38-57-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL REPORT OF PREMIUMS OF FOREIGN FIRE INSURANCE COMPANIES SO AS TO REQUIRE FIRE INSURANCE COMPANIES TO FILE AN ANNUAL REPORT IF THEY ARE INCORPORATED IN THIS STATE AS WELL AS IN ANOTHER STATE OR COUNTRY; TO CONTINUE THE INSURANCE TAX STUDY COMMITTEE; AND TO REPEAL SECTIONS 38-5-310, 38-5-320, 38-5-330, 38-5-340, 38-5-350, 38-5-360, 38-5-370, 38-5-380, 38-5-390, 38-5-400, 38-5-410, 38-5-420, 38-5-430, 38-5-440, 38-5-450, 38-5-460, 38-5-470, 38-5-480, AND 38-5-500, 1976, RELATING TO THE COLLECTION AND DISPOSITION OF INSURANCE COMPANY LICENSE FEES AND TAXES.
Ordered for consideration tomorrow.
Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:
S. 771 -- Senators Doar, Lourie and McLeod: A BILL TO AMEND SECTIONS 43-21-10, 43-21-20, 43-21-30, 43-21-60, 43-21-70, 43-21-80, AND 43-21-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON AGING, SO AS TO PROVIDE THAT THE MEMBERS OF THE COMMISSION APPOINTED BY THE GOVERNOR CONSIST OF SEVEN MEMBERS INSTEAD OF TWELVE, TO PROVIDE THAT THE CHAIRMAN BE ELECTED BY THE MEMBERS OF THE COMMISSION INSTEAD OF BEING DESIGNATED BY THE GOVERNOR AND REMOVE THE GOVERNOR AS AN EX OFFICIO MEMBER, TO DELETE THE REQUIREMENT THAT THE COMMISSION KEEP A ROSTER OF PERSONS QUALIFIED TO SERVE ON THE COMMISSION TO BE PRESENTED ANNUALLY TO THE GOVERNOR, TO PROVIDE THAT THE COMMISSION MEET AT LEAST SIX TIMES ANNUALLY UNLESS A MAJORITY OF THE MEMBERS VOTE TO ELIMINATE NO MORE THAN TWO MEETINGS A YEAR, TO PROVIDE THAT THE ANNUAL REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY INCLUDE THE NEEDS OF THE ELDERLY AND THE WORK OF THE COMMISSION, TO PROVIDE THAT THE COMMISSION EMPLOY A DIRECTOR WITHOUT THE CONSENT OF THE GOVERNOR, TO PROVIDE THAT COMPENSATION AND EMPLOYMENT OF PERSONNEL BY THE COMMISSION BE IN ACCORDANCE WITH THE HUMAN RESOURCE MANAGEMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD AND MERIT SYSTEM REQUIREMENTS, AND TO ADD THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, THE EXECUTIVE DIRECTOR OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, THE DIRECTOR OF THE STATE COMMISSION ON ALCOHOL AND DRUG ABUSE, AND THE CHAIRMAN OF THE STATE COMMISSION ON WOMEN TO THE COORDINATING COUNCIL TO THE COMMISSION ON AGING.
Ordered for consideration tomorrow.
Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:
S. 956 -- Senators Waddell, Leatherman, Lourie and Theodore: A JOINT RESOLUTION EXEMPTING FROM THE DOCUMENTARY STAMP TAXES IMPOSED BY SECTIONS 12-21-370 AND 12-21-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, LEASES ENTERED INTO DURING 1985 IN SITUATIONS WHERE THE STATE OWNS REAL PROPERTY AND AUTHORIZES ANOTHER PERSON TO ERECT IMPROVEMENTS ON THE REAL PROPERTY.
Ordered for consideration tomorrow.
Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1043 -- Finance Committee: A BILL TO AMEND SECTIONS 12-13-10 AND 12-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO DEFINITIONS AND NET INCOME WITH RESPECT TO THE TAX ON BUILDING AND LOAN ASSOCIATIONS, SO AS TO UPDATE THE DEFINITION AND PROVIDE FOR A BAD DEBT DEDUCTION EQUAL TO THE BAD DEBT DEDUCTION ALLOWED PURSUANT TO THE INTERNAL REVENUE CODE AND TO PRESCRIBE TRANSITION PROCEDURES.
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3824 -- Reps. Keyserling, J.H. Burriss, J. Harris, T. Rogers and Shelton: A HOUSE RESOLUTION INVITING GIAN CARLO MENOTTI, ARTISTIC DIRECTOR AND FOUNDER OF THE SPOLETO FESTIVAL U.S.A., TO ADDRESS THE HOUSE OF REPRESENTATIVES IN THE HALL OF THE HOUSE AT 11:00 A.M. ON THURSDAY, MAY 15, 1986.
Ordered for consideration tomorrow.
The following was introduced:
H. 3859 -- Reps. S. Anderson, Petty, Russell and Davenport: A CONCURRENT RESOLUTION TO COMMEND MR. JOHN A. ANDREA, GENERAL MANAGER OF THE SPARTANBURG WATER SYSTEM, AND DIRECTOR OF THE SPARTANBURG SANITARY SEWER DISTRICT FOR HIS MANY YEARS OF SERVICE TO SPARTANBURG COUNTY IN THESE CAPACITIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 3860 -- Reps. Klapman, Sharpe, Felder, J.H. Burriss, Derrick, Sturkie and Koon: A CONCURRENT RESOLUTION TO REQUEST THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME SOUTH CAROLINA HIGHWAY NO. 6 FROM THE LAKE MURRAY DAM TO RED BANK, SOUTH CAROLINA, AS THE "RYAN C. SHEALY HIGHWAY" IN HONOR OF THE DISTINGUISHED SERVICE THAT SENATOR RYAN C. SHEALY HAS GIVEN TO LEXINGTON AND AIKEN COUNTIES AND THE STATE OF SOUTH CAROLINA.
Whereas, the Honorable Ryan C. Shealy represents Lexington and Aiken Counties in the South Carolina Senate and has been a distinguished member of the Senate since 1981 after previously serving with honor in the House of Representatives beginning with his first term in 1955; and
Whereas, Ryan Shealy is a graduate of the University of South Carolina Law School and is considered a leader of the practicing Bar in his home county of Lexington; and
Whereas, he is a World War II veteran after having volunteered for the United States Navy in September of 1942 and is a strong supporter of our country's national defense and the rights of military veterans; and
Whereas, he is regarded by his constituents in his district and by his colleagues in the General Assembly as an intelligent and innovative legislator who is always thinking of new ideas and new ways that the State of South Carolina can better serve her people; and
Whereas, the members of the General Assembly, by this resolution, are desirous of honoring Ryan Shealy for all that he has done to make his district and his state a more enjoyable and satisfying place to live. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby request the State Highways and Public Transportation Commission to name South Carolina Highway No. 6 from the Lake Murray Dam to Red Bank, South Carolina, as the "Ryan C. Shealy Highway" in honor of the distinguished service that Senator Ryan C. Shealy has given to Lexington and Aiken Counties and the State of South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the State Highways and Public Transportation Commission.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. KEYSERLING, with unanimous consent, the following was taken up for immediate consideration:
H. 3861 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO REQUEST THE BUSINESS-EDUCATION PARTNERSHIP COMMITTEE TO REVIEW THE FEBRUARY, 1986 REPORT TO THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION ENTITLED HIGHER EDUCATION IN SOUTH CAROLINA - AN AGENDA FOR THE FUTURE, TO CONDUCT ANY FURTHER STUDY THE COMMITTEE CONSIDERS DESIRABLE, AND TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR IMPROVING HIGHER EDUCATION IN SOUTH CAROLINA BY JANUARY 1, 1987.
Whereas, an evaluation of higher education in South Carolina was completed by a consulting firm and a report issued to the South Carolina Commission on Higher Education in February, 1986; and
Whereas, the report to the Commission on Higher Education identifies strengths and weaknesses of higher education in South Carolina and makes recommendations for addressing the weaknesses; and
Whereas, the State of South Carolina has initiated significant and comprehensive improvements and reforms in elementary and secondary education but has not fully focused upon improvements in higher education; and
Whereas, the improvements and reforms in elementary and secondary education have developed from study and recommendations of the Business-Education Partnership Committee; and
Whereas, a study of higher education is a natural extension and completion of the work of the Business-Education Partnership Committee; and
Whereas, the February, 1986 report to the South Carolina Commission on Higher Education may serve as a useful beginning for the Business-Education Partnership Committee in conducting a review and formulating recommendations for improving higher education in South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly requests the Business-Education Partnership Committee to review the February 1986 report to the South Carolina Commission on higher Education entitled, Higher Education in South Carolina - An Agenda for the Future, to conduct any further study the Committee considers desirable, and to make recommendations to the General Assembly for improving higher education in South Carolina by January 1, 1987.
Be it further resolved that a copy of this resolution be forwarded to the Governor and the Chairman of the Business-Education Partnership Committee.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3862 -- Reps. Mattos and Fair: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES FALLAW, LEE HAYNES, AND BILLY RIDDLE, STUDENTS AT BEREA HIGH SCHOOL, GREENVILLE COUNTY, ON MAKING THE STATE MATH TEAM AND TO EXTEND BEST WISHES FOR EVERY SUCCESS IN THE NATIONAL COMPETITION ON MAY 30-31, 1986, AT PENN STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3863 -- Reps. Harvin, G. Bailey, Limehouse, Williams, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Blatt, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Hawkins, Hayes, Hearn, Helmly, B.L. Hendricks, Lloyd Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Winstead and Woodruff: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE FRED L. DAY, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, UPON BEING NAMED THE 1986 HANDICAPPED SOUTH CAROLINIAN OF THE YEAR AND COMMENDING HIM FOR HIS EFFORTS AND ACCOMPLISHMENTS IN PROMOTING AWARENESS FOR DISABLED CITIZENS IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. G. BAILEY asked unanimous consent to take the following up for immediate consideration.
Rep. OGBURN objected.
H. 3864 -- Reps. G. Bailey and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SENSE OF THE GENERAL ASSEMBLY THAT OPERATORS OF PRIVATELY-OWNED SOLID WASTE DISPOSAL LANDFILLS IN THIS STATE SHOULD REFUSE TO ACCEPT FOR BURIAL WASTE GENERATED OUTSIDE OF THIS STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1276 -- Senators Doar, Land and Long: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY, 1986, AS "SOUTH CAROLINA TOURISM MONTH".
Whereas, South Carolina offers a wide variety of outstanding scenic, historic, recreational, and vacation attractions, an abundance of things to see, do, and enjoy during all seasons of the year and in all areas of the State from the mountains, lakes, parks, and resort islands, to the beaches of our coast; and
Whereas, tourism and travel is the second largest industry in our State, bringing in over three billion dollars and providing jobs for over eighty thousand residents; and
Whereas, the State and all South Carolinians benefit from the economic impact of visitors, including the direct infusion of one hundred seventy-nine million dollars in state and local tax revenues, expansion of local tax bases, and creation of additional tax revenues as tourism-travel dollars circulate through the State; and
Whereas, the latest available statistics from the South Carolina Tax Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Employment Security Commission, the South Carolina Treasurer's Office, and other state sources reveal that tourism-generated income, jobs, and tax revenues in South Carolina have continued to increase; and
Whereas, the Department of Parks, Recreation and Tourism's award-winning European marketing program has shown a dramatic increase in the number of Europeans visiting our State, the department's funds-sharing program has involved many smaller areas of the State in promoting tourism on the local level, the state welcome centers have contacted more than four and nine-tenths million travelers and vacationers in fiscal year 1984-85, and other advertising and promotional efforts have contributed to the steady growth of tourism; and
Whereas, tourism and travel is an industry that blends with other economic and industrial progress and is compatible with the protection of our vital natural resources and enhancement of the quality of life for all residents of the State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the month of May, 1986, be designated as "South Carolina Tourism Month" with special observances the week of May 18-24, which has been designated by Congress as "National Tourism Week".
Be it further resolved that the Department of Parks, Recreation and Tourism be urged to continue their program to increase tourism in South Carolina and to conduct research on the tourism industry, and to report the progress of travel and tourism business periodically to the General Assembly.
Be it further resolved that the State should maintain the vitality of the tourism industry and develop it to the fullest potential through increased advertising, marketing, tourism research, and other means.
Be it further resolved that the Joint Legislative Committee on Tourism and Trade, the Department of Parks, Recreation and Tourism and other state agencies, regional tourism promotion agencies, county and municipal governments, chambers of commerce and other promotion agencies, and travel-tourism serving businesses be encouraged to actively express appreciation to South Carolina's visitors, to promote public awareness of the economic importance of travel and tourism, and to invite people from all areas to visit South Carolina.
Be it further resolved that all South Carolinians be encouraged to utilize the vacation opportunities in our fine State and to express their appreciation to our visitors by continuing to provide them with the friendly and gracious hospitality that has done so much over the years to establish South Carolina as a major tourism and travel destination.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1277 -- Senator Land: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA OCCUPATIONAL THERAPY ASSOCIATION FOR ITS ACHIEVEMENTS AND CONTRIBUTIONS TO THE QUALITY OF LIFE FOR THE CITIZENS OF THIS STATE FOR THE PAST TWENTY-FIVE YEARS.
Whereas, the South Carolina Occupational Therapy Association was organized in January of 1961 for the purpose of improving and advancing the practice of occupational therapy and the education and qualification of occupational therapists in this State; and
Whereas, the association has established standards of performance, fostered scientific research, promoted the exchange of knowledge, and engaged in other activities advantageous to the growth of the profession and its members; and
Whereas, for the last twenty-five years the association has acted as an advocate for occupational therapy in order to enhance the health of South Carolinians in their medical, community, and educational environments through research, education, action, service, and establishment and enforcement of standards; and
Whereas, as an affiliate of the American Occupational Therapy Association, this state association has acted as a link between national and state issues. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recognize the South Carolina Occupational Therapy Association for its achievements and contributions to the quality of life for the citizens of this state for the past twenty-five years.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Occupational Therapy Association.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3866 -- Reps. Beasley, P. Bradley, Alexander, Rice, Shelton, L. Phillips, Blackwell, Snow, Altman and Washington: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MISS SOUTH CAROLINA PAGEANT, INC., FOR ITS EFFICIENT CONDUCT OF PAGEANTS WHICH HAVE PROMOTED SOUTH CAROLINA SO WELL OVER PAST YEARS AND HAVE RESULTED IN MANY LOVELY AND TALENTED YOUNG LADIES RECEIVING SCHOLARSHIPS TO CONTINUE THE DEVELOPMENT OF THEIR TALENTS AND ABILITIES, AND TO EXPRESS THE DESIRE OF THE GENERAL ASSEMBLY THAT THE STATE OF SOUTH CAROLINA SHOULD ASSIST THE WINNER OF THE MISS SOUTH CAROLINA PAGEANT IN ANY WAY IT CAN INCLUDING THE PROVIDING OF STATE TRANSPORTATION SERVICES WHILE SHE IS REPRESENTING OUR STATE DURING THE MISS AMERICA PAGEANT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1287 -- Senators Lourie, Kay Patterson, Courson and Giese: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE REVEREND C. J. WHITAKER OF RICHLAND COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1288 -- Senators Lourie, Courson, Giese and Kay Patterson: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE REV. C. R. NEAL, SR., OF RICHLAND COUNTY UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3865 -- Reps. G. Bailey, Beasley, Elliott, J.C. Johnson, Neilson, Cork, Dangerfield, T. Rogers, Keyserling, Sharpe, Huff, W. Arthur, Winstead, P. Bradley, Jones, Holt, Washington, Ferguson, White, Alexander, McLeod, G. Brown, J. Harris, Rawl, Petty, Rice, Cooper, Altman, L. Phillips, Blackwell, Day, Lake, Griffin, Limehouse, Gregory, McEachin, Russell, Gordon, McKay, R. Brown, Evatt, Sheheen, Boan, Lockemy, J.H. Burriss, M.D. Burriss, Kirsh, Townsend, H. Brown, Helmly, Chamblee, McLellan, O. Phillips, Moss, Lewis, Rhoad, Mattos, Hearn, S. Anderson, Toal, Bennett, Williams, J. Anderson, P. Harris, Davenport, McTeer, Tucker, J. Arthur, Cleveland, Barfield, K. Bailey, Mitchell, T.M. Burriss, Foxworth, Wilkins, Snow, Blanding, Kay, Simpson, L. Martin, Thrailkill, Woodruff, Freeman and McAbee: A BILL TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS SETTING STANDARDS THAT SOLID WASTE GENERATED IN THIS STATE MUST MEET TO QUALIFY FOR BURIAL IN A PRIVATELY-OWNED COMMERCIAL LANDFILL IN THIS STATE AND TO REQUIRE THAT THE DEPARTMENT PROMULGATE REGULATIONS TO ESTABLISH A TESTING PROGRAM, INCLUDING A SCHEDULE OF TESTING FEES, FOR SOLID WASTE GENERATED OUT OF STATE SENT TO THIS STATE FOR BURIAL IN A PRIVATELY-OWNED COMMERCIAL LANDFILL AND TO MAKE BURIAL OF WASTE IN VIOLATION OF THE REGULATION GROUNDS FOR REVOCATION OF THE LANDFILL'S OPERATING PERMIT.
On motion of Rep. G. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1057 -- Senator Long: A BILL TO AMEND SECTION 61-9-61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TRANSFER OF BEER OR WINE TO ANY PERSON UNDER THE AGE OF EIGHTEEN SO AS TO RAISE THIS AGE TO TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, TO TWENTY-ONE.
Referred to Committee on Labor, Commerce and Industry.
S. 1058 -- Senator Long: A BILL TO REPEAL SECTION 61-9-345, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS BEING REQUIRED FOR ROUTE SALESMEN OR WAREHOUSE SALESMEN OF BEER WHOLESALERS.
Referred to Committee on Labor, Commerce and Industry.
S. 1059 -- Senator Long: A BILL TO AMEND SECTION 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS ON THE PREMISES OF ESTABLISHMENTS LICENSED TO SELL BEER OR WINE SO AS TO PROVIDE THAT NO BEER OR WINE MAY BE SOLD ON THESE PREMISES TO A PERSON UNDER THE AGE OF TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, UNDER TWENTY-ONE.
Referred to Committee on Labor, Commerce and Industry.
S. 1218 -- Senators Moore, Shealy and Setzler: A BILL TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, PROVIDE FOR THE ELECTION OF ITS MEMBERS, ESTABLISH THE TERMS, AND PROVIDE A TRANSITION PERIOD FOR THOSE MEMBERS ELECTED AFTER 1986.
Referred to Aiken Delegation.
S. 1264 -- Senator McConnell: A BILL TO AMEND SECTIONS 41-18-40, 41-18-80, AND 41-18-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO DEFINE SPECIAL INSPECTOR, PROVIDE THAT AN AMUSEMENT DEVICE BE INSPECTED BY A SPECIAL INSPECTOR INSTEAD OF BY THE COMMISSIONER OF THE DEPARTMENT OF LABOR FOR AN INITIAL PERMIT AND INSPECTED BY AN ARCHITECT, PROFESSIONAL ENGINEER, OR AN INSPECTOR OF AN INSURANCE UNDERWRITER FOR A SUBSEQUENT PERMIT, AND TO DELETE THE PROVISION THAT FEES ESTABLISHED BY THE COMMISSIONER OF LABOR MUST BE BASED ON COST OF ADMINISTERING THE PROVISIONS OF THE AMUSEMENT RIDES SAFETY CODE WHICH MUST NOT EXCEED FIFTY DOLLARS.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. Arthur, J. Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Dangerfield Day Derrick Elliott Evatt Faber Felder Foster Freeman Gordon Griffin Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Hendricks, L. Holt Huff Johnson, J.W. Kay Keyserling Kirsh Koon Lake Lockemy Mangum Martin, D. Martin, L. Mattos McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Ogburn Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Russell Sharpe Sheheen Shelton Simpson Snow Stoddard Taylor Thrailkill Townsend Tucker Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on April 30, 1986.
A. Victor Rawl Jarvis R. Klapman Lenoir Sturkie Dave C. Waldrop, Jr. Warren D. Arthur William H. Jones Timothy Rogers Tee Ferguson Jack Gregory E. LeRoy Nettles Mike Fair Philip T. Bradley Frank Gilbert E. Foxworth Robert A. Kohn G. Ralph Davenport Paul Short T.W. Edwards, Jr. E. Crosby Lewis Rick Rigdon Tom Limehouse Larry E. Gentry Marion Carnell Jennings McAbee
LEAVES OF ABSENCE
The SPEAKER granted Rep. MARCHANT a leave of absence for the day to preside as Chairman of the NCSL Health and Human Resources Committee.
The SPEAKER granted Rep. J.C. JOHNSON a leave of absence for the day.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 23, 1986.
Reps. HARVIN and LIMEHOUSE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, April 24, 1986.
Rep. LIMEHOUSE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 29, 1986.
I was absent on April 29, 1986 due to my appointment by the SPEAKER to attend Americal Legislative Exchange Council Seminar On Juvenile Justice and Crime in Washington D.C. REP. RICK RIGDON
Announcement was made that Dr. Dan R. Richards of Rock Hill is the Doctor of the Day for the General Assembly.
On motion of Rep. J. HARRIS, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3849 -- Rep. J. Harris: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF ROAD S-133, IN THE TOWN OF CHESTERFIELD IN CHESTERFIELD COUNTY.
The Bill was read the second time and ordered to third reading.
On motion of Rep. J. HARRIS, with unanimous consent, it was ordered that H. 3849 be read the third time tomorrow.
On motion of Rep. TOWNSEND, with unanimous consent, the following Joint Resolution was taken up for immediate consideration.
S. 1151 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 684, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
The Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that S. 1151 be read the third time tomorrow.
Rep. BEASLEY with unanimous consent withdrew Rep. WOODS' objection to H. 2316.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
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.
S. 1109 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 IN CHAPTER 23 OF TITLE 58, SO AS TO ENACT THE PUBLIC TRANSPORTATION PASSENGER RIGHTS ACT AND PROVIDE PENALTIES FOR VIOLATION.
Rep. STODDARD explained the Bill.
H. 3588 -- Reps. Dangerfield, Aydlette, Winstead, J. Bradley, Carnell, Holt, Rawl, Washington, Foxworth, Stoddard, Simpson, Hearn, Toal, D. Martin, M.D. Burriss, Hawkins, P. Harris, W. Arthur, Barfield and Snow: A BILL TO AMEND SECTION 57-5-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT RECORDS OF HIGHWAY RIGHTS-OF-WAY FOR EACH ROAD IN A COUNTY BE MAINTAINED IN THE OFFICE OF THE CLERK OF COURT OF THAT COUNTY, SO AS TO PROVIDE THAT THESE RECORDS MUST NOW BE MAINTAINED IN THE OFFICE OF THE TAX ASSESSOR FOR THAT COUNTY.
Rep. DANGERFIELD explained the Bill.
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. McLELLAN, with unanimous consent, it was ordered that S. 1266 be read the third time tomorrow.
On motion of Rep. STODDARD, with unanimous consent, it was ordered that S. 1109 be read the third time tomorrow.
On motion of Rep. MANGUM, with unanimous consent, it was ordered that S. 944 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.
S. 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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
Rep. BARFIELD asked unanimous consent to accept Committee Reports from the Committee on Invitations and Memorial Resolutions, which was agreed to.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of National Guard Association of S.C. for a reception, May 14, 1986, 6:00 p.m. to 8:00 p.m., at the National Guard Armory.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of SC Arts Commission for Elizabeth O'Neill Verner awards ceremony, May 15, 1986, 5:30 p.m., at the House Chambers of the State House.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of SC Department of Mental Health for breakfast, May 29, 1986, 7:45 a.m. to 8:45 a.m., at the University of South Carolina, Russell House Ballroom.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina Chamber of Commerce for Legislative reception, May 6, 1986, 6:00 p.m. to 8:00 p.m. at the Marriott Hotel.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Reps. Rhoad, Koon and Waldrop for Sportsman's Bar-B-Que, May 7, 1986, 6:30 p.m., at Koon's Club House.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Citadel Alumni for Bar-B-Que, May 13, 1986, 6:30 p.m., at the Cantey Building, State Fairgrounds.
The invitation was accepted.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
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 on Tuesday, April 29, 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.
Rep. L. MARTIN asked unanimous consent that S. 1123 be read a third time tomorrow.
Rep. SHEHEEN objected.
The following Bill was taken up.
H. 2355 -- Rep. Harvin: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO PROSCRIBE THE FAILURE TO PROVIDE HUMANE CARE AND TREATMENT AND VETERINARY CARE AND TO INCREASE THE PENALTIES.
Rep. McTEER moved to commit the Bill to the Committee on Agriculture and Natural Resources.
Rep. WINSTEAD moved to table the motion.
Rep. KOON demanded the yeas and nays.
Rep. BLACKWELL objected to the Bill.
The following Bill was taken up.
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.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5758k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. In accordance with Section 7 of Act 608 of 1978, the existence of the South Carolina Insurance Commission is reauthorized for six years.
SECTION 2. This act shall take effect upon approval by the Governor.
Amend title to conform.
Rep. McLEOD 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. McLEOD, with unanimous consent, it was ordered that H. 3477 be read the third time tomorrow.
The following Bill was taken up.
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.
Reps. T.M. BURRISS, FOXWORTH and CORK objected to the Bill.
The following Bill was taken up.
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.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5770k), which was adopted.
Amend the bill, as and if amended, by amending SECTION 3 of the bill to read:
SECTION 3. Section 38-13-50 of the 1976 Code is amended to read:
"Section 38-13-50. Companies doing business in this State who offer or undertake to become surety upon any bond or other surety contract must, shall, before being accepted as surety thereon, file with the Commissioner in addition to any other deposit required by the laws of this State, a surety bond in the amount of fifty thousand dollars approved by the Attorney General or deposit with the Commissioner bonds of the United States or of any state of the United States in the market value of fifty one hundred thousand dollars which shall be are receipted for by the Commissioner and held by him. Such bond shall be conditioned or such The securities must be held to pay any final judgment entered up against any such company in any court of competent jurisdiction in this State requiring it to pay any loss or liability arising during the term of the bond or while such the securities are held, and any judgment obtained shall be is a lien upon such bond or securities. Whenever such a company ceases to do business in this State, has settled up all claims against it, and has been released from all bonds upon which it has been taken as surety, any such securities so deposited shall be are delivered up to the proper party on presentation of the Commissioner's receipt for such the securities. While such the securities are so deposited with the Commissioner, the owner thereof shall be is entitled to collect the interest on them. The faith of the State is pledged for the return of the securities so deposited to the person entitled to receive them.
Any company which shall have has complied with the provisions required of insurance companies in Section 38-5-700 shall be is relieved of making the deposit required by this section and, subject to the provisions of Section 38-5-480, shall be is entitled to the return of the surety bond or deposit filed or deposited by it under this section.
Provided, any Any domestic company making a voluntary deposit provided by Section 38-5-710 shall be is relieved of making this deposit if the company meets the definition of an insurance company as defined in Section 38-5-700 and if such the voluntary deposit meets the requirements of such the section."
Rep. McLEOD 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. McLEOD, with unanimous consent, it was ordered that S. 979 be read the third time tomorrow.
The following Bill was taken up.
S. 1181 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-29-10, 38-29-30, 38-29-50, 38-29-60, 38-29-70, 38-29-90, 38-29-110, 38-29-140, 38-29-150, 38-29-170, 38-29-190, 38-29-220, 38-29-240, 38-29-250, 38-29-260, 38-29-270, 38-29-280, 38-29-330, 38-29-340, AND 38-29-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT, SO AS TO DELETE THE REFERENCE TO SECURITIES BROKER IN THE DEFINITION OF "PERSON"; PERMIT A DOMESTIC INSURER TO INVEST IN THE SECURITIES OF A SUBSIDIARY IN AN AMOUNT NOT TO EXCEED TEN PERCENT INSTEAD OF FIVE PERCENT OF THE INSURER'S ASSETS AND TO EXCLUDE INVESTMENTS IN DOMESTIC OR FOREIGN INSURANCE SUBSIDIARIES IN CALCULATING THE AMOUNT OF THE INVESTMENT; TO DETERMINE COMPLIANCE WITH PROVISIONS AUTHORIZING INVESTMENTS OF A DOMESTIC INSURER IN A SUBSIDIARY BY CALCULATING THE INVESTMENT LIMITATIONS AS THOUGH THE INVESTMENT HAD BEEN MADE; TO PROVIDE STANDARDS FOR REPORTING TRANSACTIONS WITHIN A HOLDING COMPANY SYSTEM; AND TO PROVIDE A PENALTY FOR AN INSURER, DIRECTOR, OR OFFICER OF AN INSURANCE HOLDING COMPANY WHO VIOLATES THIS CHAPTER; TO AMEND THE CODE BY ADDING SECTIONS 38-29-155 AND 38-29-165 SO AS TO PROVIDE THAT THE REGISTRATION STATEMENT OF AN INSURER WITH AN INSURANCE HOLDING COMPANY SHALL INDICATE CHANGES IN A PRIOR STATEMENT AND REPORT DIVIDEND DISTRIBUTION TO SHAREHOLDERS; AND TO REPEAL SECTION 38-29-100 RELATING TO THE REQUIREMENT THAT AN INSURER MAIL ALL MATERIALS AND NOTICES TO THE INSURER'S SHAREHOLDERS.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5771k), which was adopted.
Amend the bill, as and if amended, by amending SECTION 4 of the bill to read:
SECTION 4. Section 38-29-60 of the 1976 Code is amended to read:
Section 38-29-60. No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire or acquire, in the open market or otherwise, any voting security of a domestic insurer if, after the consumation thereof, such person would, directly or indirectly, or by conversion or by exercise of any right to acquire, be in control of such insurer, and no person shall enter into an agreement to merge with or otherwise to acquire control of a domestic insurer unless, at the time any such offer, request or invitation is made or any such agreement is entered into, or prior to the acquisition of such securities if no offer or agreement is involved, such person has filed with the Commissioner and has sent to such insurer sufficient copies for its shareholders of, and such insurer has in turn sent to its shareholders, a statement containing the information required by this section and such offer, request, invitation, agreement or acquisition has been approved by the Commissioner in the manner hereinafter prescribed.
(1) For purposes of this section, a domestic insurer shall include includes any other person controlling a domestic insurer unless such other the person as determined by the Commissioner is either directly or through its affiliates primarily engaged in business other than the business of insurance. As used in this section, 'person' does not include any securities broker holding, in the usual and customary brokers' function, less than twenty percent of the voting securities of an insurance company or of any person which controls an insurance company."
Amend the bill further by adding SECTION 5A to read:
SECTION 5A. Subsection (12) of Section 38-29-70 of the 1976 Code is amended to read:
(12) Such additional information as the Commissioner may by rule or regulation prescribe as necessary or appropriate for the protection of policyholders and securityholders of the insurer or in the public interest.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. McLEOD, with unanimous consent, it was ordered that S. 1181 be read the third time tomorrow.
The following Bill was taken up.
H. 3600 -- Reps. Davenport, Limehouse, Gordon, P. Bradley, Klapman, Aydlette, Simpson, Fair, McLeod, Shelton, Barfield, Thrailkill, McBride, Petty, Taylor, R. Brown, Gilbert, G. Brown, Winstead, Pearce, T.M. Burriss, Cleveland, H. Brown, Rigdon and Woodruff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-91 SO AS TO REQUIRE THE GOVERNING BODY OF EACH SCHOOL DISTRICT TO PROVIDE A MINIMUM OF FIFTEEN MINUTES AT EACH PUBLIC MEETING OF THE GOVERNING BODY, DURING WHICH RESIDENTS OF THE DISTRICT MAY ADDRESS THE GOVERNING BODY WITHOUT PRIOR NOTICE OR REQUEST.
Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3921R), which was adopted.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 59-19-91. The governing body of each school district shall provide fifteen minutes at one public meeting of the governing body per month, if one is held, during which residents of the school district may address the governing body without prior notice or request. The period during which residents may address the governing body without prior notice or request may be waived if no residents desire to address the governing body and reduced if the full fifteen minutes are not needed to allow all residents an opportunity to address the governing body. This section does not prohibit a governing body, in its discretion, from allowing a period of more than fifteen minutes or from allowing a period for residents' comments at more than one meeting per month."/
Amend title to conform.
Rep. L. PHILLIPS explained the amendment.
The amendment was then adopted.
Rep. LOCKEMY proposed the following Amendment No. 2, which was adopted.
Amend as and if amended.
After the word "district" on line 30 page one insert the words "or a County School Board"
And the same words after the word "district" on line 34.
Amend to conform.
Rep. LOCKEMY 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. PHILLIPS, with unanimous consent, it was ordered that H. 3600 be read the third time tomorrow.
Rep. SHARPE asked unanimous consent to withdraw his objection to H. 2355.
Rep. KOON objected.
Rep. L. PHILLIPS moved to adjourn debate upon the following Bill until Tuesday, May 6, which was adopted.
S. 961 -- Senator Shealy: A BILL TO AMEND ACT 512 OF 1984, AS AMENDED, (THE EDUCATION IMPROVEMENT ACT OF 1984), SO AS TO DELAY BY TWO YEARS, UNTIL 1988-89, THE REQUIREMENT FOR A PUPIL-TEACHER RATIO OF TWENTY-FIVE TO ONE OR LESS IN LANGUAGE ARTS ANDMATHEMATICS CLASSES IN GRADES SEVEN THROUGH TWELVE IN SCHOOL DISTRICTS WITH A STUDENT POPULATION IN EXCESS OF NINE THOUSAND.
Rep. L. MARTIN, with unanimous consent, withdrew his objection to H. 3551.
Rep. McLELLAN, with unanimous consent, withdrew his objection to H. 3718.
The following Bill was taken up.
S. 747 -- Senators Saleeby, Holland, Land, Martin and McLeod: A BILL TO ENACT THE MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED PROPERTY ACT, TO PROVIDE PENALTIES, INCLUDING FORFEITURE, FOR VIOLATIONS, AND 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 OFFENSES ESTABLISHED IN THIS ACT.
Rep. J. ROGERS moved to commit the Bill to the Committee on Judiciary.
Rep. SIMPSON moved to table the motion which was agreed to.
Rep. SIMPSON explained the Bill.
Reps. SHEHEEN, J. ROGERS, RAWL, LOCKEMY and J.W. JOHNSON objected to the Bill.
The following Bill was taken up.
H. 2316 -- Reps. Fair, Brett and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-450 SO AS TO PROVIDE THAT IT IS A FELONY TO MANUFACTURE OR PRINT FALSE IDENTIFICATION CARDS; TO AMEND SECTION 56-1-510, RELATING TO UNLAWFUL USE OF DRIVER'S LICENSE AND FRAUDULENT APPLICATION, SO AS TO DELETE REFERENCES TO FICTITIOUS OR FRAUDULENTLY ALTERED DRIVERS' LICENSES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-515 SO AS TO PROVIDE THAT IT IS A FELONY TO ALTER A MOTOR VEHICLE DRIVER'S LICENSE TO CONTAIN FALSE INFORMATION OR TO MANUFACTURE OR PRINT A FICTITIOUS LICENSE AND PROVIDE THAT IT IS A MISDEMEANOR TO USE OR POSSESS AN IDENTIFICATION CARD OR ALTERED DRIVER'S LICENSE CONTAINING FALSE INFORMATION; TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF MANUFACTURING OR PRINTING AN IDENTIFICATION CARD CONTAINING FALSE INFORMATION AND THE PROHIBITION AGAINST PRINTING ON SUCH CARD ANY INFORMATION OTHER THAN THAT CONTAINED ON A VALID BIRTH CERTIFICATE RELATIVE TO THE AGE OF THE PERSON FOR WHOM SUCH CARD IS PREPARED AND THE CRIMES OF ALTERING A MOTOR VEHICLE DRIVER'S LICENSE SO AS TO PROVIDE FALSE INFORMATION AND MANUFACTURING OR PRINTING A FICTITIOUS DRIVER'S LICENSE.
Rep. FAIR moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 3551 -- Rep. Winstead: A BILL TO AMEND SECTION 40-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO AS TO REVISE THE DEFINITION OF PHYSICAL THERAPY AND TO DELETE THE DEFINITION OF A PRESCRIPTION; TO AMEND SECTION 40-45-200, RELATING TO THE GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF THE REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO DELETE THE GROUND PROVIDING FOR THOSE WHO PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY AND TO PROVIDE FOR A NEW GROUND RELATING TO FEES; AND TO AMEND SECTION 40-45-220, AS AMENDED, RELATING TO TREATMENT BY PHYSICAL THERAPISTS AND SUPERVISION OF ASSISTANTS, SO AS TO DELETE THE PROVISION THAT A REGISTERED PHYSICAL THERAPIST MAY NOT PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY.
Rep. SHARPE objected to the Bill.
The following Bill was taken up.
H. 3718 -- Reps. Snow, Waldrop, Foxworth, Rhoad, Bennett, Koon, Thrailkill, K. Bailey, Barfield, Beasley, G. Brown, R. Brown, Pearce, Mitchell, Rice, McKay, Gilbert, McEachin, H. Brown, Elliott, Carnell and McAbee: A BILL TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD AND TO PROVIDE PENALTIES.
The Bill was read the second time and ordered to third reading.
On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 3718 be read the third time tomorrow.
Rep. KOHN asked unanimous consent to place an objection on H. 2316.
Rep. FAIR objected.
Upon the withdrawal of objections by Reps. SHARPE and BLACKWELL the following Bill was taken up.
H. 2355 -- Rep. Harvin: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO PROSCRIBE THE FAILURE TO PROVIDE HUMANE CARE AND TREATMENT AND VETERINARY CARE AND TO INCREASE THE PENALTIES.
The question then recurred to the motion to table the motion to commit the Bill to the Committee on Agriculture and Natural Resources, which was not agreed to by a division vote of 31 to 34.
The question then recurred to the motion to commit the Bill to the Committee on Agriculture and Natural Resources, which was rejected by a division vote of 34 to 47.
Reps. McTEER, RHOAD, WALDROP, BLANDING and KOON objected to the Bill.
Upon the withdrawal of objections by Reps. O. PHILLIPS and J. ARTHUR 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.
Rep. T.M. BURRISS moved to adjourn debate upon the Bill, which was adopted.
Rep. DAVENPORT withdrew his objection to the following Joint Resolution whereupon objections were raised by Reps. FOXWORTH and TAYLOR.
H. 3690 -- Reps. Schwartz, Blanding and Griffin: A JOINT RESOLUTION TO EXEMPT PUBLIC FOUR-YEAR COLLEGES AND UNIVERSITIES AND THEIR BRANCHES FROM THE TWO PERCENT REDUCTION IN APPROPRIATIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD DURING FISCAL YEAR 1985-86.
Reps. TOAL and KEYSERLING, with unanimous consent, withdrew their objections to H. 3507
Rep. L. MARTIN, with unanimous consent, moved to table the following Bill, which was agreed to.
H. 3473 -- Labor, Commerce and Industry Committee: A BILL TO CREATE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, AND TO PRESCRIBE ITS POWERS, DUTIES, AND FUNCTIONS.
Rep. TOAL, with unanimous consent, moved to table the following Bill, which was agreed to.
H. 2586 -- Reps. Lewis, T.M. Burriss, Toal, Alexander, Altman, S. Anderson, Archibald, W. Arthur, Aydlette, G. Bailey, Barfield, Bennett, Blackwell, Boan, P. Bradley, Brett, J.H. Burriss, M.D. Burriss, Carnell, Chamblee, Cooper, Cork, Davenport, Derrick, Edwards, Elliott, Evatt, Foster, Faber, Foxworth, Gulledge, Patrick B. Harris, Harvin, Hawkins, Hearn, B.L. Hendricks, Lloyd I. Hendricks, Huff, Jones, Klapman, Koon, Marchant, L. Martin, Mattos, McAbee, McKay, McLellan, McLeod, Ogburn, Pearce, O. Phillips, Rhoad, Rigdon, Sharpe, Simpson, Snow, Stoddard, Sturkie, Thrailkill, Waldrop, Williams, Woods, Washington and Taylor: A BILL TO AMEND SECTIONS 15-3-640, 15-3-660, 15-3-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS AGAINST ARCHITECTS, CONSTRUCTION MANAGERS, PROFESSIONAL ENGINEERS, OR CONTRACTORS FOR IMPROPER OR NEGLIGENT IMPROVEMENTS TO REAL PROPERTY, SO AS TO SPECIFICALLY DESCRIBE ACTIONS BASED UPON OR ARISING OUT OF THE DEFECTIVE OR UNSAFE CONDITIONS OF AN IMPROVEMENT TO REAL PROPERTY WHICH MUST BE BROUGHT NO LATER THAN TEN YEARS AFTER COMPLETION; TO CREATE AN OUTSIDE LIMITATION OF TEN YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT WITHIN WHICH NORMAL STATUTES OF LIMITATIONS CONTINUE TO RUN; TO CORRECT AN INACCURATE CITATION; TO PROVIDE THAT A DEFENSE OF STATUTES OF LIMITATIONS SHALL NOT BE AVAILABLE TO OWNERS OF REAL PROPERTY OR TO PERSONS IN POSSESSION OR CONTROL THEREOF WHO HAVE KNOWLEDGE OR SHOULD HAVE HAD KNOWLEDGE OF THE DEFICIENCY IN SUCH PROPERTY OR TO PERSONS GUILTY OF FRAUD; TO PROVIDE THAT NO CAUSE OF ACTION NOT HERETOFORE EXISTING IS CREATED BY THIS ACT NOR DOES IT BAR ANY EXISTING CAUSE OF ACTION; AND TO REPEAL SECTION 15-3-650 RELATING TO ACTIONS AGAINST ARCHITECTS, PROFESSIONAL ENGINEERS, OR CONTRACTORS THAT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE OF INJURY.
Rep. P. BRADLEY, with unanimous consent, moved to table the following Bill, which was agreed to.
H. 2836 -- Rep. P. Bradley: A BILL TO PROVIDE FOR LIMITED FISCAL AUTONOMY FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY BEGINNING WITH THE 1989-90 SCHOOL YEAR.
Rep. T.M. BURRISS asked unanimous consent to take up the Senate Amendments to the following Bill.
S. 153 -- Senators Leatherman, McConnell, Ravenel, McGill, Moore, Garrison, Peeler, Thomas, Courson and Drummond: A BILL TO AMEND SECTIONS 15-3-640, 15-3-660, 15-3-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS AGAINST ARCHITECTS, CONSTRUCTION MANAGERS, PROFESSIONAL ENGINEERS, OR CONTRACTORS FOR IMPROPER OR NEGLIGENT IMPROVEMENTS TO REAL PROPERTY, SO AS TO SPECIFICALLY DESCRIBE ACTIONS BASED UPON OR ARISING OUT OF THE DEFECTIVE OR UNSAFE CONDITIONS OF AN IMPROVEMENT TO REAL PROPERTY WHICH MUST BE BROUGHT NO LATER THAN TEN YEARS AFTER COMPLETION; TO CREATE AN OUTSIDE LIMITATION OF TEN YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT WITHIN WHICH NORMAL STATUTES OF LIMITATIONS CONTINUE TO RUN; TO CORRECT AN INACCURATE CITATION; TO PROVIDE THAT A DEFENSE OF STATUTES OF LIMITATIONS SHALL NOT BE AVAILABLE TO OWNERS OF REAL PROPERTY OR TO PERSONS IN POSSESSION OR CONTROL THEREOF WHO HAVE KNOWLEDGE OR SHOULD HAVE HAD KNOWLEDGE OF THE DEFICIENCY IN SUCH PROPERTY OR TO PERSONS GUILTY OF FRAUD; TO PROVIDE THAT NO CAUSE OF ACTION NOT HERETOFORE EXISTING IS CREATED BY THIS ACT NOR DOES IT BAR ANY EXISTING CAUSE OF ACTION; AND TO REPEAL SECTION 15-3-650 RELATING TO ACTIONS AGAINST ARCHITECTS, PROFESSIONAL ENGINEERS, OR CONTRACTORS THAT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE OF INJURY.
Rep. J. BRADLEY objected.
Rep. DANGERFIELD, with unanimous consent, withdrew his objection to H. 2365 however, other objections remained upon the Bill.
The following was received.
Columbia, S.C., April 30, 1986
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
No. 53
On motion of Rep. STODDARD the invitation was accepted.
The following was received
April 15, 1986
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3275, R-397, an Act:
TO PROVIDE, AMONG OTHER THINGS, THAT PLATS IN CLARENDON COUNTY MUST BE SUBMITTED TO THE TAX ASSESSOR PRIOR TO RECORDING; AND TO REPEAL SECTION 65-1783.2, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT PLATS IN CLARENDON COUNTY BE SUBMITTED TO THE AUDITOR PRIOR TO RECORDING.
This veto is based upon an opinion of the Attorney General's Office that states in holding that the Act is of doubtful constitutionality:
The Act pertains solely to Clarendon County and thus is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "(n)o laws for a specific county shall be enacted." Acts similar to H. 3275, R-397 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See, Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974). See also Spartanburg Sanitary Sewer District v. City of Spartanburg, 283 S.C. 67, 321 S.E.2d 258 (1984) (construing Article VIII, Section 7 in the context of legislation for a special purpose district, directing that "the constitutional mandate of Article VIII, SS7 that the General Assembly can modify legislation regarding special purpose districts only through the enactment of general law" be followed).
Yours sincerely,
Richard W. Riley
April 14, 1986
Helen T. Zeigler, Legal Counsel
Office of the Governor
P.O. Box 11450
Columbia, S.C. 29211
Dear Ms. Zeigler:
By your letter of April 10, 1986, you have asked for the opinion of this Office as to the constitutionality of H. 3275, R-397, an act requiring, inter alia, that plats to be recorded in Clarendon County first be submitted to the county tax assessor for endorsement before delivering to the clerk of court for recording. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.
The act pertains solely to Clarendon County and thus is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "(n)o laws for a specific county shall be enacted." Acts similar to H. 3275, R-397 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See, Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974). See also Spartanburg Sanitary Sewer District v. City of Spartanburg, 283 S.C. 67, 321 S.E.2d 258 (1984) (construing Article VIII, Section 7 in the context of legislation for a special purpose district, directing that "the constitutional mandate of Article VIII, SS7 that the General Assembly can modify legislation regarding special purpose districts only through the enactment of general law" be followed).
Based on the foregoing, we would advise that H. 3275, R-397 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
REVIEWED AND APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Anderson, S. Arthur, J. Aydlette Bailey, K. Barfield Bennett Blanding Brown, G. Burriss, J.H. Burriss, T.M. Chamblee Cooper Cork Day Derrick Elliott Evatt Gilbert Gregory Griffin Harris, P. Harvin Hawkins Hendricks, B. Holt Huff Kay Lake Lockemy McTeer Neilson Nettles Petty Phillips, O. Rogers, J. Shelton Sturkie Thrailkill Townsend White Winstead
Those who voted in the negative are:
Bradley, P. Hendricks, L. Koon Martin, L. McLellan Sheheen
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 2399 -- Reps. Lewis, J. Rogers and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-86, SO AS TO PRESCRIBE PROCEDURES TO BE FOLLOWED BY THE STATE FORESTER WHEN DISASTERS AFFECT THE FOREST RESOURCES OF THE STATE AND TO PROVIDE FOR REIMBURSEMENT FOR DISASTER EXPENDITURES.
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. 2309 -- Reps. McLeod, McEachin, R. Brown, Limehouse, Hawkins, Gregory, Russell, Ferguson and Davenport: A BILL TO AMEND SECTION 38-51-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT INSURANCE COMPANIES DO BUSINESS THROUGH RESIDENT LICENSED AGENTS, SO AS TO REQUIRE THAT ALL POLICIES, EXCEPT LIFE INSURANCE POLICIES, ISSUED IN THIS STATE BE COUNTERSIGNED BY SUCH AGENT.
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 Amendments to the following Bill were taken up for consideration.
S. 153 -- Senators Leatherman, McConnell, Ravenel, McGill, Moore, Garrison, Peeler, Thomas, Courson and Drummond: A BILL TO AMEND SECTIONS 15-3-640, 15-3-660, 15-3-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS AGAINST ARCHITECTS, CONSTRUCTION MANAGERS, PROFESSIONAL ENGINEERS, OR CONTRACTORS FOR IMPROPER OR NEGLIGENT IMPROVEMENTS TO REAL PROPERTY, SO AS TO SPECIFICALLY DESCRIBE ACTIONS BASED UPON OR ARISING OUT OF THE DEFECTIVE OR UNSAFE CONDITIONS OF AN IMPROVEMENT TO REAL PROPERTY WHICH MUST BE BROUGHT NO LATER THAN TEN YEARS AFTER COMPLETION; TO CREATE AN OUTSIDE LIMITATION OF TEN YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT WITHIN WHICH NORMAL STATUTES OF LIMITATIONS CONTINUE TO RUN; TO CORRECT AN INACCURATE CITATION; TO PROVIDE THAT A DEFENSE OF STATUTES OF LIMITATIONS SHALL NOT BE AVAILABLE TO OWNERS OF REAL PROPERTY OR TO PERSONS IN POSSESSION OR CONTROL THEREOF WHO HAVE KNOWLEDGE OR SHOULD HAVE HAD KNOWLEDGE OF THE DEFICIENCY IN SUCH PROPERTY OR TO PERSONS GUILTY OF FRAUD; TO PROVIDE THAT NO CAUSE OF ACTION NOT HERETOFORE EXISTING IS CREATED BY THIS ACT NOR DOES IT BAR ANY EXISTING CAUSE OF ACTION; AND TO REPEAL SECTION 15-3-650 RELATING TO ACTIONS AGAINST ARCHITECTS, PROFESSIONAL ENGINEERS, OR CONTRACTORS THAT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE OF INJURY.
Rep. SHEHEEN moved to adjourn debate upon the Senate amendments.
Rep. T.M. BURRISS moved to table the motion which was agreed to.
Rep. T.M. BURRISS 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.
Rep. SHEHEEN moved to adjourn debate upon the following Joint Resolution, until Tuesday, May 6, which was adopted.
H. 2915 -- Rep. McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO DELETE OBSOLETE LANGUAGE AND LIMIT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY TO FORTY LEGISLATIVE DAYS UNLESS EXTENDED BY A VOTE OF THREE-FOURTHS OF THE MEMBERS ELECTED TO BOTH HOUSES.
Rep. J. ROGERS moved to adjourn debate upon the following Joint Resolution until Tuesday, May 6, which was adopted.
H. 3766 -- Rep. Snow: A JOINT RESOLUTION TO REQUIRE THE PAYMENT OF THE ENTIRE AMOUNT OF CLAIMS FILED PRIOR TO MAY 31, 1986, UNDER SECTION 46-41-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, INSTEAD OF THE PAYMENT OF THE PERCENTAGES OF CLAIMS PROVIDED IN SECTION 46-41-230.
The following Bill 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. SHEHEEN moved immediate cloture on the entire matter, which was agreed to by a division vote of 51 to 27.
Rep. WALDROP spoke against the Bill.
Rep. SIMPSON moved that the House do now adjourn and demanded the yeas and nays, which were not ordered.
The House refused to adjourn by a division vote of 3 to 62.
Rep. SIMPSON moved to continue the Bill, which was not agreed to.
Rep. WALDROP continued speaking.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of the Bill.
At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R432) S. 907 -- Senators Hayes, Applegate, Land and Long: AN ACT TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 16 SO AS TO PROVIDE FOR DISCLOSURE TO PURCHASERS OF INFORMATION CONCERNING FINE PRINTS TO ENABLE PURCHASERS TO PROPERLY ASSESS THE VALUE OF THEM AND PROVIDE FOR CIVIL RELIEF AGAINST SELLERS WHO VIOLATE THE PROVISIONS OF THE CHAPTER.
(R433) S. 930 -- Senator Hayes: AN ACT TO AMEND SECTION 23-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES AND COMMISSIONS OF SHERIFFS, SO AS TO FURTHER PROVIDE FOR THESE FEES AND COMMISSIONS.
(R434) S. 3 -- Senator McConnell: AN ACT TO AMEND SECTION 7-13-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTING BALLOTS AND DECLARING RESULTS IN ELECTIONS, SO AS TO PROVIDE THAT AT THE COMPLETION OF THE VOTE COUNTING A DUPLICATE OF THE RESULTS MUST BE POSTED IN A CONSPICUOUS SITE AT THE POLLING PLACE EXCEPT IN COUNTIES USING VOTE RECORDERS.
(R435) H. 3470 -- Rep. Aydlette: A JOINT RESOLUTION TO PROVIDE FOR THE CLOSING OF A CERTAIN ROUTE IN CHARLESTON COUNTY TO VEHICULAR TRAFFIC ON OCTOBER 26, 1986, TO ENABLE THE ELKS BRIDG-ATHON ROAD RACE TO BE CONDUCTED.
(R436) H. 3513 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 42-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "COMMISSION" UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO CHANGE THE NAME OF THE COMMISSION FROM THE SOUTH CAROLINA INDUSTRIAL COMMISSION TO THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-3-10, RELATING TO THE CREATION AND THE DEPARTMENTS OF THE INDUSTRIAL COMMISSION, SO AS TO REFER THEREIN TO THE WORKERS' COMPENSATION COMMISSION IN ACCORDANCE WITH THE NAME CHANGE; TO PROVIDE THAT ANY OTHER REFERENCE IN THE 1976 CODE OR OTHER STATUTES TO THE "SOUTH CAROLINA INDUSTRIAL COMMISSION" OR "INDUSTRIAL COMMISSION" IS CHANGED TO THE "SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION"; AND TO PROVIDE THAT STATE AGENCIES AND DEPARTMENTS AND POLITICAL SUBDIVISIONS OF THE STATE SHALL EXHAUST THE USE OF ALL CURRENT FORMS, STATIONERY, AND OTHER PRINTED MATERIAL BEFORE USING, PRINTING, OR PREPARING ANY NEW FORMS, STATIONERY, OR PRINTED MATERIAL REFLECTING THE CHANGE MADE IN THIS ACT.
(R437) H. 3591 -- Rep. Lloyd Hendricks: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF MEARES BUILDERS, INC.
(R438) H. 3624 -- Ways and Means Committee: AN ACT TO AMEND SECTION 40-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR PHARMACISTS AND ASSISTANT PHARMACISTS AND TO AMEND SECTION 40-43-420, AS AMENDED, RELATING TO PHARMACY PERMITS SO AS TO INCREASE THE ANNUAL RENEWAL FEES THEREFOR.
(R439) H. 3748 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 37-4-301, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND LIABILITY INSURANCE, SO AS TO PROVIDE THAT ANY CHARGE FOR INSURANCE AGAINST LOSS OF OR DAMAGE TO PROPERTY MAY BE SUBJECT TO A MINIMUM CHARGE OF TWO DOLLARS.
(R440) H. 3749 -- Reps. Lloyd I. Hendricks and Evatt: AN ACT TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE AUTHORIZATION OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE ADDITIONAL REVENUE BONDS FOR STADIUM EXPANSION, SO AS TO AUTHORIZE THE BOARD TO ISSUE SPECIAL OBLIGATION BONDS TO PAY FOR THE COST OF VARIOUS UNIVERSITY-OWNED ATHLETIC FACILITIES IN ADDITION TO THE IMPROVEMENTS AUTHORIZED FOR WILLIAMS-BRICE STADIUM.
(R441) H. 3752 -- Reps. R. Brown and McLeod: AN ACT TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR MARION COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF MARION COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
(R442) H. 3559 -- Rep. Rawl: AN ACT TO REPEAL SECTION 61-9-345, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS BEING REQUIRED FOR ROUTE SALESMEN OR WAREHOUSE SALESMEN OF BEER WHOLESALERS.
(R443) H. 3762 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO AMEND CHAPTER 47, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGULATION OF RESPIRATORY CARE, TO CREATE THE RESPIRATORY CARE COMMITTEE AND PROVIDE ITS RESPONSIBILITIES, TO PROVIDE FEES, AND TO PROVIDE PENALTIES.
(R444) H. 3846 -- Reps. Bennett, K. Bailey and Mitchell: A JOINT RESOLUTION TO PROVIDE THAT THE FILING PERIOD FOR THOSE WISHING TO OFFER IN A PRIMARY ELECTION FOR THE OFFICE OF COUNTY COUNCIL, WHERE THE REDISTRICTING PLAN FOR SUCH OFFICES WAS NOT PRECLEARED PURSUANT TO THE VOTING RIGHTS ACT UNTIL AFTER THE FILING PERIOD FOR THESE OFFICES HAD CLOSED, MUST OPEN AT NOON ON MONDAY, MAY 12, 1986, AND CLOSE AT 5:00 P.M. ON FRIDAY, MAY 23, 1986, FOR THESE OFFICES ONLY.
(R445) H. 2155 -- Reps. Gulledge, Tucker, Faber, Klapman, Chamblee, Davenport, Foxworth and J. Harris: AN ACT TO AMEND SECTION 44-53-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF LAWS GOVERNING CONTROLLED SUBSTANCES, SO AS TO GIVE TO OFFICERS OF THE DEPARTMENT OF NARCOTICS AND DANGEROUS DRUGS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AUTHORITY TO EXECUTE AND SERVE SEARCH, ARREST, AND ADMINISTRATIVE INSPECTION WARRANTS, SUBPOENAS, AND SUMMONSES; TO AMEND SECTION 44-53-520, RELATING TO FORFEITURE OF PROPERTY WITH RESPECT TO CONTROLLED SUBSTANCES, SO AS TO MAKE ADDITIONAL PROPERTY SUBJECT TO FORFEITURE AND TO REQUIRE THAT COPIES OF REPORTS OF FORFEITED PROPERTY BE PROVIDED THE DIVISION OF GENERAL SERVICES AND TO SPECIFY THE CONTENTS OF THE REPORT; TO AMEND SECTION 44-53-530, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED PROPERTY, SO AS TO CLARIFY JUDICIAL FORFEITURE PROCEDURES, AND TO PROVIDE THAT THE FIRST THOUSAND DOLLARS OF CASH SEIZED AND FORFEITED SHALL REMAIN THE PROPERTY OF THE SEIZING AGENCY; TO AMEND SECTION 44-53-580, RELATING TO DISPOSITIONS OF FINES AND OTHER MONIES, SO AS TO DELETE SURPLUS LANGUAGE; TO AMEND SECTION 44-53-582, RELATING TO THE REQUIREMENT THAT FUNDS USED BY LAW ENFORCEMENT OFFICERS TO PURCHASE CONTROLLED SUBSTANCES BE RETURNED TO THE UNIT OF GOVERNMENT FURNISHING THE FUNDS, SO AS TO PROVIDE THAT THE FUNDS MAY BE RETURNED TO THE APPROPRIATE AGENCY OF LOCAL GOVERNMENT; TO AMEND SECTION 44-53-584, RELATING TO THE REPORT REQUIRED BY AGENCIES RECEIVING FORFEITED PROPERTY, SO AS TO PROVIDE THAT THE DIVISION OF GENERAL SERVICES SHALL MAINTAIN THE REQUIRED RECORDS; TO AMEND SECTION 44-53-586, RELATING TO NOTICE TO INNOCENT OWNERS; OF PROPERTY SUBJECT TO FORFEITURE, SO AS TO CLARIFY NOTICE PROCEDURES AND THE RIGHTS OF INNOCENT OWNERS, AND TO AMEND SECTION 44-53-588, RELATING TO DISPOSITION OF PROCEEDS OF THE SALE OF FORFEITED PROPERTY, SO AS TO ELIMINATE VARIOUS REPORTING REQUIREMENTS AND TO PROVIDE FURTHER FOR THE DISPOSITION OF FORFEITED PROPERTY PREVIOUSLY TRANSFERRED TO THE STATE TREASURER.
At 11:40 A.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
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.
Reps. FOXWORTH, R. BROWN and J. ROGERS spoke in favor of the Bill.
Reps. GORDON and SIMPSON spoke against the Bill.
The question then recurred to the passage of the Bill on third reading.
The yeas and nays, were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Aydlette Bailey, G. Bailey, K. Bennett Blanding Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, T.M. Cooper Cork Dangerfield Davenport Edwards Evatt Fair Felder Ferguson Foster Foxworth Freeman Gilbert Gregory Griffin Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Hendricks, L. Huff Johnson, J.W. Kay Keyserling Lewis Lockemy Martin, D. Martin, L. Mattos McEachin McLellan Neilson Phillips, L. Rawl Rhoad Rice Rogers, J. Rogers, T. Russell Shelton Snow Stoddard Toal Townsend Tucker Wilkins Williams Winstead
Those who voted in the negative are:
Anderson, S. Arthur, J. Barfield Blackwell Boan Brown, J. Burriss, J.H. Burriss, M.D. Carnell Chamblee Cleveland Day Derrick Elliott Faber Gentry Gordon Harris, J. Holt Jones Kirsh Klapman Koon Lake Limehouse McAbee McBride McKay McLeod Moss Nettles Ogburn Petty Phillips, O. Sharpe Simpson Sturkie Taylor Thrailkill Waldrop White
PAIRED:
Rep. Beasley (Present) No;
Rep. Pearce (Absent) Yes.
So, the Bill, as amended, was read the third time, and ordered sent to the Senate.
Upon the withdrawal of objections by Reps. T. ROGERS, DAY and McBRIDE, with unanimous consent, 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.
The Bill was read the second time and ordered to third reading.
On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that H. 3792 be read the third time tomorrow.
Rep. HUFF asked unanimous consent to recall H. 3807 from the Committee on Judiciary.
Rep. McEACHIN objected.
On motion of Rep. McABEE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 748 -- Senator Setzler: A BILL TO AUTHORIZE A COUNTY TREASURER OR TAX COLLECTOR TO DELEGATE TO A DEPUTY TREASURER, TO A DEPUTY TAX COLLECTOR, OR TO THE COUNTY SHERIFF THE POWER TO SEIZE AND LEVY UPON PROPERTY OF A DEFAULTING TAXPAYER FOR NONPAYMENT OF PROPERTY TAXES.
Rep. SIMPSON asked unanimous consent to recall H. 3671 from the Committee on Labor, Commerce and Industry.
Rep. KLAPMAN objected.
Rep. GENTRY, with unanimous consent, withdrew his objection to H. 3507.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3588 be read the third time tomorrow.
On motion of Rep. STODDARD, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 3618 -- Reps. Keyserling, Shelton, T. Rogers, J.H. Burriss and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 27 SO AS TO ESTABLISH REQUIREMENTS FOR NONPROFIT ORGANIZATIONS TO CLAIM TITLE TO CERTIFIED ABANDONED CULTURAL PROPERTY, TO REQUIRE A PROCEDURE BY WHICH THE ORGANIZATION HOLDING THE PROPERTY MUST MAKE NOTIFICATION IN ORDER TO CLAIM THE PROPERTY, TO ESTABLISH CONDITIONS UNDER WHICH CONSERVATION MEASURES MAY BE TAKEN TO PROVIDE A LIMITATION ON ACTIONS BROUGHT AGAINST ORGANIZATIONS, AND TO PROVIDE FOR THE EXCLUSIVE USE OF THIS CHAPTER TO DISPOSE OF PROPERTY TO WHICH IT APPLIES.
Reps. BLACKWELL and ALEXANDER, with unanimous consent, withdrew their objections to the following Bill
H. 3200 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEAL ACTING AS A SUPERSEDEAS FOR SIXTY DAYS FROM THE DATE OF CONVICTION FOR AN OFFENSE MAKING MANDATORY THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO MAKE THE SUPERSEDEAS APPLY DURING THE PENDENCY OF THE APPEAL.
Rep. ALEXANDER asked unanimous consent to take up H. 3200 for immediate consideration.
Rep. HOLT objected.
On motion of Rep. FELDER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1222 -- Transportation Committee: A CONCURRENT RESOLUTION TO REQUEST THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT DIRECTIONAL SIGNS RELATING TO THE LOCATION OF TECHNICAL EDUCATION CENTERS IN THIS STATE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 4042R), which was adopted.
Amend the bill, as and if amended, by striking all after the resolving clause and inserting:
/That the General Assembly requests the Department of Highways and Public Transportation to honor written requests from any public funded technical education college in the State for the erection of directional signs designating the most appropriate routes from interstate and other United States highways to the technical education colleges concerned or add appropriate information to existing signs.
Be it further resolved that the General Assembly believes that the sign locations should be reasonably limited to not more than two highways in the area of the institution concerned at exits from the interstate or other United States highways to be designated by the requesting colleges.
Be it further resolved that funds for the erection of directional signs should be provided by the legislative delegations from their "C" fund allocation.
Be it further resolved that a copy of this resolution be forwarded to the Chief Highway Commissioner./
Amend title to conform.
Rep. STODDARD explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
Rep. G. BAILEY asked unanimous consent that H. 3865 be read a second and third time the next two successive legislative days.
Rep. OGBURN objected.
Rep. SCHWARTZ insisted upon the Special Orders of the day.
Rep. BLACKWELL moved that the House recede until 2:30 which was rejected.
Rep. McLELLAN moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Blackwell Bradley, P. Brown, G. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cork Elliott Foxworth Gordon Harris, P. Hearn Johnson, J.W. Kay Keyserling Koon Lewis Limehouse McAbee McEachin McKay McLellan Nettles Phillips, O. Rhoad Russell Sharpe Simpson Tucker
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Arthur, J. Bailey, G. Bailey, K. Barfield Beasley Bennett Blanding Boan Brown, J. Brown, R. Cleveland Cooper Dangerfield Davenport Day Derrick Evatt Faber Fair Felder Ferguson Foster Freeman Gentry Gilbert Gregory Griffin Harris, J. Harvin Hawkins Hayes Helmly Hendricks, B. Holt Huff Kirsh Klapman Lake Lockemy Mangum Martin, D. Martin, L. Mattos McBride McLeod Moss Neilson Ogburn Petty Phillips, L. Rice Rogers, J. Rogers, T. Shelton Snow Stoddard Thrailkill Toal Townsend Waldrop Washington White Wilkins
So, the House refused to adjourn.
The following Joint Resolution was taken up.
H. 3690 -- Reps. Schwartz, Blanding and Griffin: A JOINT RESOLUTION TO EXEMPT PUBLIC FOUR-YEAR COLLEGES AND UNIVERSITIES AND THEIR BRANCHES FROM THE TWO PERCENT REDUCTION IN APPROPRIATIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD DURING FISCAL YEAR 1985-86.
Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3772R), which was adopted.
Amend the resolution, as and if amended, by striking Section 1, page 1, and inserting:
/SECTION 1. Public four-year colleges and universities and their branches, and institutions governed by the State Board for Technical and Comprehensive Education are exempt from the two percent reduction in appropriations ordered by the State Budget and Control Board during fiscal year 1985-86.
The provisions of this section apply only if the supplemental appropriations from surplus or lapsed general funds provided in Part III of the General Appropriations Act for fiscal year 1986-87 are fully funded, and there are surplus or lapsed general funds above the funds appropriated in Part III which may be used to fund the exemption.
The funds available for the exemption must be appropriated on a pro rata basis./
Amend title to conform.
Rep. TOAL explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. SCHWARTZ 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. Aydlette Bailey, G. Bailey, K. Barfield Beasley Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Evatt Fair Felder Foster Foxworth Freeman Gentry Gilbert Gordon Gregory Griffin Harris, J. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.W. Jones Kay Keyserling Klapman Koon Lake Lewis Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod Mitchell Moss Neilson Nettles Ogburn Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rigdon Rogers, T. Russell Sharpe Sheheen Shelton Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker White Wilkins Williams Winstead
Those who voted in the negative are:
Kirsh
So, the amendment was adopted.
The question then recurred to the passage of the Joint Resolution, 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. Anderson, S. Arthur, J. Aydlette Bailey, G. Bailey, K. Barfield Bennett Blanding Boan Brown, G. Brown, H. Brown, R. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Felder Foster Foxworth Freeman Gentry Gilbert Gordon Gregory Griffin Harris, J. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.W. Jones Kay Keyserling Koon Lake Limehouse Lockemy Mangum Martin, D. Martin, L. McBride McEachin McKay McLellan McLeod Mitchell Moss Neilson Nettles Ogburn Petty Phillips, L. Phillips, O. Rawl Rhoad Rogers, T. Russell Sharpe Sheheen Shelton Simpson Snow Stoddard Thrailkill Toal Townsend Tucker Waldrop White Wilkins Williams Winstead
Those who voted in the negative are:
Beasley Blackwell Bradley, P. Fair Kirsh McAbee Rice Rigdon
So, the Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. SCHWARTZ asked unanimous consent that H. 3690 be read a third time tomorrow.
Rep. P. BRADLEY objected.
Rep. McABEE 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:
Schwartz Anderson, J. Arthur, J. Barfield Blackwell Bradley, P. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Day Edwards Foxworth Gilbert Gordon Harris, P. Harvin Hearn Holt Huff Koon Mangum McAbee McEachin McKay McLellan Nettles Phillips, O. Russell Simpson Taylor Thrailkill Tucker
Those who voted in the negative are:
Alexander Altman Aydlette Bailey, G. Bailey, K. Beasley Bennett Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Cooper Cork Davenport Derrick Evatt Faber Fair Felder Foster Freeman Gentry Gregory Hawkins Hayes Helmly Hendricks, B. Johnson, J.W. Kay Keyserling Kirsh Klapman Lake Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McBride McLeod Moss Neilson Ogburn Petty Phillips, L. Rhoad Rice Rigdon Rogers, J. Rogers, T. Sheheen Shelton Snow Toal Townsend Waldrop White Wilkins Williams
So, the House refused to adjourn.
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 moved immediate cloture on the entire matter.
Rep. HEARN 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. Aydlette Bailey, G. Bailey, K. Beasley Bennett Blackwell Blanding Brown, R. Chamblee Cleveland Cooper Cork Evatt Fair Felder Ferguson Foster Freeman Gentry Gilbert Gregory Harris, J. Harvin Hawkins Hayes Helmly Hendricks, B. Johnson, J.W. Keyserling Kirsh Lake Lewis Martin, L. Mattos McBride McKay McLeod Mitchell Neilson Ogburn Phillips, L. Rawl Rhoad Rice Rogers, J. Rogers, T. Sheheen Shelton Snow Stoddard Toal White Wilkins Williams
Those who voted in the negative are:
Arthur, J. Barfield Bradley, P. Burriss, M.D. Burriss, T.M. Carnell Dangerfield Davenport Derrick Edwards Elliott Gordon Hearn Huff Kay Klapman Koon Limehouse Lockemy McAbee McEachin Petty Phillips, O. Rigdon Russell Sharpe Simpson Thrailkill Townsend Tucker Winstead
So, immediate cloture was ordered.
Rep. COOPER moved that the House recede until 2:30.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The House refused to recede until 2:30 by a division vote of 37 to 57.
Rep. HEARN spoke against the Bill.
The question then recurred to the passage of the Bill on third reading.
The Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Aydlette Bailey, G. Bailey, K. Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Chamblee Cooper Cork Day Evatt Faber Fair Felder Ferguson Foster Freeman Gentry Gilbert Gordon Gregory Harris, J. Harvin Hawkins Hayes Helmly Hendricks, B. Johnson, J.W. Keyserling Kirsh Koon Lewis Limehouse Martin, D. Martin, L. Mattos McBride McLeod Mitchell Nettles Ogburn Phillips, L. Rawl Rhoad Rice Rogers, J. Rogers, T. Shelton Snow Taylor Toal Townsend Waldrop White Williams Winstead
Those who voted in the negative are:
Anderson, S. Arthur, J. Barfield Bradley, P. Burriss, M.D. Burriss, T.M. Carnell Cleveland Dangerfield Davenport Derrick Foxworth Hearn Huff Jones Kay Klapman Lockemy Mangum McAbee McEachin McLellan Moss Neilson Petty Phillips, O. Russell Sharpe Sheheen Simpson Stoddard Thrailkill Tucker
So, the Bill was read the third time, and ordered sent to the Senate.
Rep. WINSTEAD moved that the House do now adjourn which was adopted.
The Senate returned to the House with concurrence the following:
H. 3630 -- Ways and Means Committee: A CONCURRENT RESOLUTION TO EXPRESS THE INTENTION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE DEPARTMENT OF MENTAL HEALTH AN ADDITIONAL APPROPRIATION OF AN AMOUNT NOT EXCEEDING SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS FOR USE IN MEETING THE EXTRAORDINARY OPERATING EXPENSES INCURRED FOR FISCAL YEAR 1985-86.
H. 3859 -- Reps. S. Anderson, Petty, Russell and Davenport: A CONCURRENT RESOLUTION TO COMMEND MR. JOHN A. ANDREA, GENERAL MANAGER OF THE SPARTANBURG WATER SYSTEM, AND DIRECTOR OF THE SPARTANBURG SANITARY SEWER DISTRICT FOR HIS MANY YEARS OF SERVICE TO SPARTANBURG COUNTY IN THESE CAPACITIES.
H. 3862 -- Reps. Mattos and Fair: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES FALLAW, LEE HAYNES, AND BILLY RIDDLE, STUDENTS AT BEREA HIGH SCHOOL, GREENVILLE COUNTY, ON MAKING THE STATE MATH TEAM AND TO EXTEND BEST WISHES FOR EVERY SUCCESS IN THE NATIONAL COMPETITION ON MAY 30-31, 1986, AT PENN STATE.
H. 3863 -- Reps. Harvin, G. Bailey, Limehouse, Williams, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Blatt, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Hawkins, Hayes, Hearn, Helmly, B.L. Hendricks, Lloyd Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Winstead and Woodruff: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE FRED L. DAY, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, UPON BEING NAMED THE 1986 HANDICAPPED SOUTH CAROLINIAN OF THE YEAR AND COMMENDING HIM FOR HIS EFFORTS AND ACCOMPLISHMENTS IN PROMOTING AWARENESS FOR DISABLED CITIZENS IN SOUTH CAROLINA.
At 1:05 P.M. the House in accordance with the motion of Rep. WINSTEAD adjourned to meet at 10:00 A.M. tomorrow.
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