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:
O God, our Father, the Inspiration of every good thought and every worthy endeavor, enable us to hear clearly Your truth as it summons us and to understand perfectly Your challenge of goodness which calls us. Give us a vision not bounded by our own selfish desires. Lift us to that plateau where we take our place as builders of that which is good, true and beautiful. May we become permanent possessors of the power to live unselfishly, concerned about our fellowbeings knowing that those who bring sunshine to others cannot keep it from themselves.
To this end we commit ourselves to Him Who says: "Trust in the Lord forever; for in the Lord God is everlasting strength" (Isaiah 26:4). 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. LOCKEMY.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3670 -- Reps. P. Bradley, Toal, O. Phillips, Hawkins, Ferguson, Davenport, Gregory and Wilkins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SAFETY, BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA SWIMMING POOL CONTRACTORS' REGULATION ACT OF 1986" AND TO PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3826 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-21-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO TRUST BUSINESS, SO AS TO INCLUDE WITHIN THE DEFINITION OF "TRUST INSTITUTION" ANY NATIONAL BANK OR TRUST COMPANY AUTHORIZED TO ACT IN A FIDUCIARY CAPACITY IN THIS STATE AND UNDER THE SUPERVISION OF THE COMPTROLLER OF THE CURRENCY OF THE UNITED STATES, OR THE FEDERAL RESERVE SYSTEM, OR THE STATE BOARD OF BANK CONTROL, AND DELETE THE REFERENCES TO A STATE BANK, NATIONAL BANK, BUILDING AND LOAN ASSOCIATION, SAVINGS ASSOCIATION, SAVINGS AND LOAN ASSOCIATION, SAVINGS BANK, OR ANY TRUST COMPANY AUTHORIZED TO CONDUCT A TRUST BUSINESS IN THIS STATE, AND TO ADD THE DEFINITION OF "AFFILIATE"; TO AMEND SECTION 34-21-220, RELATING TO THE COLLECTIVE INVESTMENT OF FUNDS BY A TRUST INSTITUTION, SO AS TO AUTHORIZE THE AFFILIATE OF A TRUST INSTITUTION TO INVEST IN COMMON TRUST FUNDS WHICH ARE MAINTAINED BY THE TRUST INSTITUTION.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 433 -- Senator Theodore: A BILL TO ENACT THE "SOUTH CAROLINA REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES ACT OF 1986", TO MAKE CERTAIN VIOLATIONS AND THE COMMISSION OF CERTAIN ACTS A MISDEMEANOR, AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 694 -- Senator Applegate: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-23-43 SO AS TO PROVIDE FOR SUBDIVISION REGULATIONS FOR RESERVATION AND DEDICATION OF LAND FOR PUBLIC RECREATIONAL PURPOSES OR THE PAYMENT OF CASH CONTRIBUTIONS EARMARKED IN LIEU OF THOSE PURPOSES; SECTION 5-23-45 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL COUNCIL AMENDMENTS TO THE ZONING ORDINANCE WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATION OF LAND EARMARKED FOR PUBLIC PARKING SPACES; SECTION 5-23-47 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANNED RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-685 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANT, RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-687 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE CITY COUNCIL AMENDMENTS TO THE ZONING ORDINANCES WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATIONS OF LAND EARMARKED FOR PUBLIC PARKING SPACES; TO AMEND SECTION 5-23-20, RELATING TO THE DIVISION OF A MUNICIPALITY INTO ZONING DISTRICTS, SO AS TO ADD TO THE POWERS CONFERRED UPON MUNICIPALITIES THE AUTHORITY TO REQUIRE OFF-STREET PARKING AND LOADING AND TO PROVIDE THAT THE REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION MAY PROVIDE THAT LAND, BUILDINGS, AND STRUCTURES AND THE USES THEREOF, WHICH ARE LAWFUL AT THE TIME OF ENACTMENT OR AMENDMENT OF ZONING REGULATIONS, MAY BE CONTINUED; TO AMEND SECTION 5-23-60, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE ZONING COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY APPROVAL OF CONDITIONAL PERMITS AUTHORIZED BY THE ZONING ORDINANCE; TO AMEND SECTION 5-23-620, RELATING TO THE CONTENTS OF REGULATIONS GOVERNING LAND SUBDIVISIONS, SO AS TO MAKE A TECHNICAL AMENDMENT; AND TO AMEND SECTION 5-23-680, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE PLANNING COMMISSION TO THE MUNICIPAL GOVERNING BODY, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND THE APPROVAL OF CONDITIONAL PERMITS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 947 -- Senators Bryan and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 39 SO AS TO ENACT THE SOUTH CAROLINA SELF-SERVICE STORAGE FACILITY ACT; TO PROVIDE THAT THE OWNER OF A SELF-SERVICE STORAGE FACILITY HAS A LIEN UPON ALL PERSONAL PROPERTY LOCATED IN A FACILITY; AND TO PROVIDE A PROCEDURE FOR THE ENFORCEMENT OF THE LIEN.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1064 -- Senators Shealy, Pope, Bryan, Wilson, Giese, Peeler, Courson, Thomas, Drummond and E. Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, TO REQUIRE RECIPIENTS OF VARIOUS TYPES OF PUBLIC ASSISTANCE ADMINISTERED BY THE STATE TO REGISTER AND ACCEPT APPROPRIATE EMPLOYMENT AS A CONDITION OF RECEIPT OF ASSISTANCE PAYMENTS, TO DESIGNATE THE DEPARTMENT OF SOCIAL SERVICES AS THE AGENCY AUTHORIZED TO CONDUCT DEMONSTRATION PROJECTS AIMED AT EXPANDING THE EMPLOYMENT OPPORTUNITIES AVAILABLE TO ASSISTANCE RECIPIENTS, TO PROVIDE EXCEPTIONS TO THE WORK REQUIREMENTS, TO PROVIDE THAT REFUSAL TO ACCEPT SUITABLE EMPLOYMENT RENDERS THE RECIPIENT INELIGIBLE FOR ASSISTANCE UNDER THE ACT, AND TO MAKE SPECIAL PROVISIONS FOR PROTECTIVE PAYMENTS ON BEHALF OF DEPENDENT CHILDREN OF THOSE DECLARED INELIGIBLE.
Ordered for consideration tomorrow.
The following was introduced:
H. 3875 -- Charleston Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF JACK E. KRAWCHECK, A CIVIC AND BUSINESS LEADER OF CHARLESTON, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3876 -- Greenville Delegation: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE GENERAL ASSEMBLY TO CAROLINA HIGH SCHOOL IN GREENVILLE COUNTY ON THE OUTSTANDING SUCCESS OF ITS ACADEMIC TEAM AND THE SWEEP OF ACADEMIC TOURNAMENTS IN THIS STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3877 -- Reps. P. Harris, Tucker and Townsend: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. JERRY WILBUR LITTLE, JR., OF ANDERSON COUNTY UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3878 -- Reps. P. Harris, Tucker, Townsend and Chamblee: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE ROY HENRY MARTIN, A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES OF ANDERSON COUNTY, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3879 -- Reps. Thrailkill, Barfield, Elliott and Pearce: A CONCURRENT RESOLUTION RECOGNIZING THE OUTSTANDING ACHIEVEMENTS OF SOCASTEE HIGH SCHOOL BASKETBALL STAR, BETH HUNT, OF MYRTLE BEACH IN HORRY COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1291 -- Senator Shealy: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. PAUL R. STEPHENS, PRINCIPAL OF BATESBURG-LEESVILLE HIGH SCHOOL, IN LEXINGTON COUNTY, UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. FERGUSON asked unanimous consent to take up the following for immediate consideration.
Rep. KLAPMAN objected.
S. 1292 -- Senator Mitchell: A CONCURRENT RESOLUTION URGING THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA TO INDICATE ITS WILLINGNESS TO ENGAGE IN MEANINGFUL POLITICAL NEGOTIATIONS WITH THAT COUNTRY'S BLACK MAJORITY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3880 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, RELATING TO HEARINGS, LICENSES, SALE AND CONSUMPTION AT NONPROFIT ORGANIZATIONS, PERMITS, DRIVE-IN/DRIVE-THRU ESTABLISHMENTS, AND PROHIBITED INTERESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 720, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
S. 1255 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO LICENSING AND BUSINESS OF REAL ESTATE, DESIGNATED AS REGULATION DOCUMENT NUMBER 527, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Labor, Commerce and Industry.
S. 1256 -- Judiciary Committee: A BILL TO ADOPT REVISED CODE VOLUMES 1, 4, AND 14 AND NEW VOLUMES 1A, 4A, AND 14A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE; TO NOT ADOPT SECTIONS 2-65-20 THROUGH 2-65-100 AS CONTAINED IN REVISED VOLUME 1; TO ADOPT AND DESIGNATE CERTAIN PROVISIONS OF ACT 651 OF 1978, AS AMENDED, BY SECTION 10 OF PART II OF ACT 151 OF 1983, AS PART OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO ADOPT CERTAIN ANNOTATIONS TO SECTIONS WHICH INDICATED THESE SECTIONS WERE IMPLIEDLY REPEALED ARE ADOPTED AS PART OF THE 1976 CODE OF LAWS OF SOUTH CAROLINA AND MUST BE INCLUDED IN VOLUMES 1 AND 14 IN THE 1986 CUMULATIVE SUPPLEMENT; AND TO AMEND SECTION 2-13-90, AS AMENDED, RELATING TO THE PREPARATION AND ADOPTION OF REVISED CODE VOLUMES, SO AS TO REQUIRE THAT ALL REPLACEMENT VOLUMES SHALL INCLUDE AN ANNOTATION TO ANY GENERAL PERMANENT STATUTORY LAW WHICH WAS IMPLIEDLY REPEALED.
Rep. SHEHEEN moved to waive Rule 5.12, which was agreed to.
On motion of Rep. SHEHEEN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that S. 1256 be read the second and third times the next two successive legislative days.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. Arthur, J. Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Derrick Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Freeman Gordon Gregory Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lake Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Stoddard Taylor Thrailkill Townsend Tucker Washington Wilkins Williams Winstead
I came in after the roll call and was present for the Session on May 7, 1986.
John J. Snow, Jr. Fred Day Frank Gilbert E. LeRoy Nettles Dave C. Waldrop Lloyd Hendricks Rick Rigdon Lenoir Sturkie Tom Woodruff Larry E. Gentry W. Sterling Anderson Warren Arthur
LEAVES OF ABSENCE
The SPEAKER granted Rep. WHITE a leave of absence for the week due to illness.
The SPEAKER granted Rep. TOAL a leave of absence for the day.
The SPEAKER granted Rep. HARVIN a leave of absence for today and tomorrow.
The SPEAKER granted Rep. MARCHANT a leave of absence for the day.
Announcement was made that Dr. Randall Moss of Gaffney is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
H. 3763 -- Rep. Hawkins: A BILL TO AMEND SECTION 40-15-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO ALLOW LICENSED DENTAL HYGIENISTS AND CERTIFIED DENTAL ASSISTANTS EMPLOYED WITHIN THE PUBLIC HEALTH SYSTEM TO PERFORM DUTIES WITHOUT THE STATE DIRECTOR OF PUBLIC HEALTH DENTISTRY BEING PRESENT.
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. 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.
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.
S. 985 -- Senators Dennis, Lindsay and Holland: A BILL TO AMEND SECTION 9-1-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LUMP-SUM CONTRIBUTIONS BY A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO BECOME ENTITLED TO CREDITABLE SERVICE FOR OUT-OF-STATE SERVICE, SO AS TO PROVIDE THAT A MEMBER WHO ELECTS TO RECEIVE CREDITABLE OUT-OF-STATE SERVICE MAY ESTABLISH A PORTION OF THE SERVICE ON A ONE-TIME BASIS.
The following Bill was taken up.
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 AND MATHEMATICS CLASSES IN GRADES SEVEN THROUGH TWELVE IN SCHOOL DISTRICTS WITH A STUDENT POPULATION IN EXCESS OF NINE THOUSAND.
Reps. J. BRADLEY and FOXWORTH objected to the Bill.
Rep. LEWIS moved to adjourn debate upon the Bill until Tuesday, May 13, which was adopted.
The following Bill was taken up.
H. 3188 -- Rep. Fair: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AT AGE SIXTY OR AFTER THIRTY YEARS' SERVICE, SO AS TO PROVIDE THAT IF A MEMBER IS LESS THAN SIXTY AND HAS AT LEAST TWENTY-FIVE YEARS OF CREDITABLE SERVICE, HE MAY ELECT TO RECEIVE UP TO FIVE YEARS OF ADDITIONAL SERVICE CREDIT FOR RETIREMENT PURPOSES UPON PAYING THE ACTUARIAL COST AS DETERMINED BY REGULATION.
Rep. FAIR explained the Bill.
Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3707R), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 9-1-1510 of the 1976 Code is amended to read:
"Section 9-1-1510. Any member may retire upon written application to the Board board setting forth at what time, not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, he desires to be retired, if such the member at the time so specified for his service retirement shall have has attained the age of sixty years or shall have has thirty or more years of creditable service and shall have has separated from service and, if the time so specified is subsequent to the date of application, notwithstanding that, during such the period of notification, he may have separated from service. If the member is less than sixty years of age and has at least twenty-five years of creditable service, he may elect to receive up to five years of additional service credit as though the additional service credit were rendered by him as an employee upon his paying into the System the actuarial cost as determined by regulation promulgated by the board, provided the actuarial cost must be determined on the basis of current salary or the highest fiscal year salary in the work career, whichever is greater. The member shall also pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased. Any service credit purchased under this section must qualify the member for retirement and the member must retire within ninety days subsequent to the purchase."/.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. FAIR asked unanimous consent that H. 3188 be read a third time tomorrow.
Rep. KLAPMAN objected.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill, which was adopted.
S. 1263 -- Senators Ravenel, Fielding and McConnell: A BILL TO AMEND SECTIONS 6-25-20 AND 6-25-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "COST", OR "COST OF A PROJECT", CHANGE THE DEFINITION OF "MUNICIPALITY" AND "MEMBER OF A JOINT SYSTEM", TO PROVIDE ADDITIONAL POWERS FOR JOINT MUNICIPAL WATER SYSTEMS, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 6-25-111, 6-25-112, 6-25-113, 6-25-114, 6-25-125, 6-25-126, 6-25-127, 6-25-128, 6-25-145, AND 6-25-155, SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR JOINT MUNICIPAL WATER SYSTEMS.
The following Bill was taken up.
S. 1016 -- Senators Peeler and Lee: A BILL TO AMEND SECTION 12-35-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETAIL BUSINESS LICENSE, SO AS TO EXEMPT FROM THE LICENSE REQUIREMENT ORGANIZATIONS CONDUCTING CONCESSION SALES EXEMPT FROM SALES TAX AT FESTIVALS, AND TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT CONCESSION SALES AT FESTIVALS RECOGNIZED BY THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM BY ORGANIZATIONS DEVOTED EXCLUSIVELY TO PUBLIC OR CHARITABLE PURPOSES IF THE ENTIRE NET PROCEEDS ARE USED FOR THOSE PURPOSES.
Debate was resumed on Amendment No. 1, which was introduced on Tuesday, May 6, by the Committee on Ways and Means.
Rep. KIRSH 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. KIRSH, with unanimous consent, it was ordered that S. 1016 be read the third time tomorrow.
The following Bill was taken up.
H. 3761 -- Rep. Simpson: A BILL TO AMEND SECTION 61-3-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHICH PROHIBITS THE CONDUCT OF OTHER BUSINESS IN RETAIL LIQUOR STORES SO AS TO PROVIDE THAT BEER, ALE, PORTER, AND WINE MAY ALSO BE SOLD IN RETAIL LIQUOR STORES UNDER CERTAIN CONDITIONS; TO REPEAL SECTION 61-3-1030 WHICH PERMITS THE SALE OF CERTAIN WINES IN RETAIL LIQUOR STORES; AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE SEPTEMBER 14, 1986.
Rep. SIMPSON proposed the following Amendment No. 1.
Amend as and if amended.
Strike Section 2.
Rep. SIMPSON explained the amendment.
Reps. J. HARRIS, K. BAILEY, McBRIDE, ALEXANDER, SNOW, KLAPMAN and ALTMAN objected to the Bill.
The following Bill was taken up.
H. 2353 -- Rep. Harvin: A BILL TO ENACT "THE ANIMAL FIGHTING AND BAITING ACT," TO PROVIDE FOR THE SEIZURE, CARE, AND DISPOSITION OF ANIMALS AND TO PROVIDE PENALTIES, TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF OWNING AN ANIMAL FOR THE PURPOSE OF FIGHTING OR BAITING, BEING A PARTY TO OR CAUSING ANY FIGHTING OR BAITING OF ANY ANIMAL, PURCHASING, RENTING, LEASING, OR OTHERWISE ACQUIRING OR OBTAINING THE USE OF ANY STRUCTURE, FACILITY, OR LOCATION FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL, OR KNOWINGLY ALLOWING OR PERMITTING OR MAKING AVAILABLE ANY STRUCTURE, FACILITY, OR LOCATION TO BE USED FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL.
Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4200R).
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. Any person who:
(a) owns an animal for the purpose of fighting or baiting;
(b) is a party to or causes any fighting or baiting of any animal;
(c) purchases, rents, leases, or otherwise acquires or obtains the use of any structure, facility, or location for the purpose of fighting or baiting any animal; or
(d) knowingly allows or permits or makes available any structure, facility, or location to be used for the purpose of fighting or baiting any animal is guilty of a felony and upon conviction must be punished by a fine of five thousand dollars or imprisoned for five years or both./
Amend further, by striking SECTION 4, and inserting:
/SECTION 4. Any person who:
(a) is present at any structure, facility, or location where preparations are being made for the purpose of fighting or baiting any animal with knowledge that those preparations are being made, or
(b) is present at any structure, facility, or location with knowledge that fighting or baiting of any animal is taking place or is about to take place there is guilty of a misdemeanor and upon conviction for a first offense must be punished by a fine of five hundred dollars or imprisonment for six months, or both, and for a second offense by a fine of one thousand dollars or imprisonment for one year, or both. Any person convicted of a third or subsequent offense is guilty of a felony and must be punished by a fine of five thousand dollars or imprisonment for five years, or both./
Amend further, by striking SECTION 6 and inserting:
/SECTION 6. (a) The provisions of Section 3 do not apply to any person:
(1) using any animal to pursue or take wildlife or to participate in hunting in accordance with the game and wildlife laws of this State and regulations of the South Carolina Wildlife and Marine Resources Department.
(2) using any animal to work livestock for agricultural purposes;
(3) properly training or using dogs for law enforcement purposes or personal protection.
(b) The provisions of this act do not apply to game fowl./
Amend further, by striking SECTION 7, and inserting:
/SECTION 7. (a) The crime in Section 3 relating to owning an animal for the purpose of fighting or baiting, being a party to or causing any fighting or baiting of any animal, purchasing, renting, leasing, or otherwise acquiring or obtaining the use of any structure, facility, or location for the purpose of fighting or baiting any animal, or knowingly allowing or permitting or making available any structure, or facility, or location to be used for the purpose of fighting or baiting any animal is added to the list of crimes classified as felonies in Section 16-1-10 of the 1976 Code.
(b) The crime in Section 4 relating to a third or subsequent conviction of being present at a location with knowledge that preparations are being made for animal fighting or baiting or being present at a location with knowledge that animal fighting or baiting is taking place or about to take place is added to the list of crimes classified as felonies in Section 16-1-10 of the 1976 Code./
Amend title to conform.
Rep. WINSTEAD explained the amendment.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3771 -- Reps. Hawkins, S. Anderson, Faber, Woodruff, Sharpe, Kay, Aydlette, Jones, J.C. Johnson, Wilkins, J. Rogers, Mitchell, K. Bailey, Harvin, White, McBride, Waldrop, Chamblee, McLellan, J. Bradley, J. Arthur, Gordon, B.L. Hendricks, J. Brown, Bennett, Kirsh, Taylor, Mattos, Thrailkill, Cooper, J. Harris, Townsend, Winstead and Huff: A BILL TO PERMIT ANY PERSON UNDER CERTAIN CONDITIONS TO SELECT THE DENTIST OF HIS CHOICE; TO PROVIDE THAT ANY LICENSED DENTIST IN THIS STATE MAY PARTICIPATE IN SUCH SELECTION; TO PROVIDE FOR THE DISSEMINATION OF BENEFIT INFORMATION, FOR METHODS OF PAYMENT FOR DENTAL CARE SERVICE, AND FOR THE RIGHT OF ANY DENTIST LICENSED IN THE STATE TO PARTICIPATE AS A CONTRACTING PROVIDER IN ANY PREPAYMENT PLAN; AND TO PROHIBIT DISCRIMINATION IN REIMBURSEMENT TO NONCONTRACTING PROVIDERS.
Rep. KOON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
S. 987 -- Senator McConnell: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF BARBER EXAMINERS.
Rep. LOCKEMY moved to table the Joint Resolution which was agreed to.
The following Joint Resolution was taken up.
H. 3871 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO ELECTION PROCEDURES FOR THE STATE BOARD OF MEDICAL EXAMINERS AND THE MEDICAL DISCIPLINARY COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 687, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Rep. LOCKEMY explained the Joint Resolution.
Reps. J. BRADLEY, HUFF and J. ROGERS objected to the Joint Resolution.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 3872 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO FIRE PREVENTION AND LIFE SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 666, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Rep. LOCKEMY asked unanimous consent that H. 3872 be read a third time tomorrow.
Rep. KLAPMAN objected.
Rep. SHEHEEN moved to reconsider the vote whereby debate was adjourned on the following Bill which was agreed to.
S. 1263 -- Senators Ravenel, Fielding and McConnell: A BILL TO AMEND SECTIONS 6-25-20 AND 6-25-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "COST", OR "COST OF A PROJECT", CHANGE THE DEFINITION OF "MUNICIPALITY" AND "MEMBER OF A JOINT SYSTEM", TO PROVIDE ADDITIONAL POWERS FOR JOINT MUNICIPAL WATER SYSTEMS, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 6-25-111, 6-25-112, 6-25-113, 6-25-114, 6-25-125, 6-25-126, 6-25-127, 6-25-128, 6-25-145, AND 6-25-155, SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR JOINT MUNICIPAL WATER SYSTEMS.
Reps. DANGERFIELD and TOAL proposed the following Amendment No. 1 (Doc. No. 4248R), which was adopted.
Amend the bill, as and if amended, by adding after SECTION 2 an appropriately numbered SECTION to read:
/SECTION ___. Item (g) of Section 6-25-20 of the 1976 Code is amended to read:
/"(g) 'Revenue bonds' and 'bonds' shall mean means bonds, notes, certificates, or other obligations of a joint system issued pursuant to the provisions of this chapter and shall include refinancing or refunding same, but which shall must be paid solely from the revenues of a joint system."/
Amend further, as and if amended, SECTION 4, p. 3, line 38, by striking item (aa) in its entirety and inserting:
/(aa) To acquire and operate any water treatment system or any water distribution system, including the systems of any member if the consent of the member is first obtained and referendum approval is obtained in those instances where required by law.
(bb) To sell water at retail and at wholesale."/
Amend further, as and if amended, SECTION 5, p. 7, line 5, by adding at the end of Section 6-25-112:
/(o) Conditions under which the bonds may be defeased./
Renumber sections and reletter items to conform.
Amend totals and title to conform.
Rep. SHEHEEN 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. DANGERFIELD, with unanimous consent, it was ordered that S. 1263 be read the third time tomorrow.
The following Bill was taken up.
S. 1062 -- Senator Long: A BILL TO AMEND SECTIONS 61-3-710, AND 61-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN LICENSES OR PERMITS ISSUED BY THE ALCOHOLIC AND BEVERAGE CONTROL COMMISSION SO AS TO PROVIDE THAT THESE LICENSES OR PERMITS EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR AND TO PROVIDE THAT THESE PERMITS AND LICENSES ISSUED FOR THE 1986-87 LICENSE YEAR SHALL EXPIRE ON SEPTEMBER 30, 1987; TO AMEND SECTION 61-5-80, AS AMENDED, RELATING TO LICENSE FEES TO SELL ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS SO AS TO REVISE THE MANNER IN WHICH FEES FOR PARTIAL LICENSE YEARS ARE COMPUTED; AND TO AMEND SECTION 61-9-310 RELATING TO PERMITS TO SELL BEER OR WINE SO AS TO PROVIDE THAT THESE PERMITS SHALL EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR, TO PROVIDE THAT PERMITS ISSUED FOR LICENSE YEAR 1986-87 EXPIRE ON SEPTEMBER 30, 1987, AND TO ELIMINATE THE PERMIT FOR THE SALE OF BEER FOR CONSUMPTION OFF OF THE PREMISES.
Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1160 -- Senators Ravenel, E. Patterson, Theodore and Nell W. Smith: A BILL TO AMEND SECTION 12-7-435, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED IN DETERMINING SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW A TWO THOUSAND DOLLAR DEDUCTION TO A TAXPAYER WHO HAS ADOPTED A "SPECIAL NEEDS CHILD" AND FURNISHES THE CHILD'S CHIEF SUPPORT, AND TO DEFINE THE TERM "SPECIAL NEEDS CHILD".
Rep. McABEE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. SIMPSON withdrew his objection to the following Bill, whereupon an objection was raised by Rep. BLACKWELL.
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.
Upon the withdrawal of objections by Reps. CORK and FOXWORTH 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3840R), which was adopted.
Amend the bill, as and if amended, Section 41-1-80 as contained in SECTION 1, page 2, by striking the paragraph which begins on line 5 and inserting:
/The failure of an employer to continue to employ, either in employment or at the employee's previous level of employment, an employee who receives compensation for total permanent disability, is in no manner to be considered a violation of this section./
Amend title to conform.
Rep. RAWL explained the amendment.
The amendment was then adopted.
Rep. L. MARTIN proposed the following Amendment No. 2 (Doc. No. 4139R), which was rejected.
Amend the bill, as and if amended, in Section 41-1-80 of the 1976 Code, as contained in SECTION 1, page 1, line 42, by inserting after /meet/ /established/ and on lines 42 and 43 by striking /not related to the workers' compensation claim/.
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Rep. RAWL asked unanimous consent that the time of the speaker be extended 3 minutes, which was agreed to.
Rep. L. MARTIN continued speaking.
Rep. KLAPMAN asked unanimous consent that the time of the speaker be extended 1 minute, which was agreed to.
Rep. L. MARTIN continued speaking.
Rep. FERGUSON asked unanimous consent that the time of the speaker be extended 1 minute, which was agreed to.
Rep. L. MARTIN continued speaking.
Rep. BLACKWELL moved to table the amendment which was not agreed to by a division vote of 32 to 33.
The question then recurred to the adoption of the amendment.
Rep. L. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Arthur, J. Bailey, G. Bradley, P. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Cleveland Cork Davenport Derrick Edwards Elliott Foxworth Gordon Hearn Helmly Hendricks, B. Huff Johnson, J.C. Jones Keyserling Martin, L. McAbee McLellan McTeer Moss Pearce Petty Phillips, L. Phillips, O. Rawl Rogers, T. Sharpe Sheheen Simpson Snow Townsend
Those who voted in the negative are:
Alexander Bailey, K. Barfield Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, J. Chamblee Cooper Day Faber Ferguson Foster Gilbert Hawkins Hayes Holt Johnson, J.W. Kirsh Klapman Kohn Limehouse Lockemy Mangum Martin, D. McBride McEachin McLeod Mitchell Neilson Nettles Rhoad Rice Russell Shelton Short Stoddard Taylor Thrailkill Tucker Waldrop Washington Winstead
So, the amendment was rejected.
Reps. HEARN, P. BRADLEY and DAVENPORT objected to the Bill.
Upon the withdrawal of objections by Reps. J. BRADLEY, FOXWORTH and WASHINGTON the following Bill was taken up.
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. McABEE proposed the following Amendment No. 1 (Doc. No. 4264R), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section ____. Any taxes paid by a delinquent taxpayer to a county treasurer or tax collector must be applied to the oldest chronological delinquency of the taxpayer unless the check or money order tendered by the taxpayer provides otherwise in which case it must be returned to the taxpayer together with a statement that the check or money order cannot be accepted due to the earlier delinquency. Personal property taxes tendered must be applied to personal property tax delinquencies and real property taxes tendered must be applied to real property tax delinquencies./
Renumber sections to conform.
Amend title to conform.
Rep. McABEE 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. McABEE, with unanimous consent, it was ordered that S. 748 be read the third time tomorrow.
Rep. WALDROP withdrew his objection to H. 2355 however, other objections remained upon the Bill.
Rep. L. MARTIN, with unanimous consent, moved to continue the following Bills, which was agreed to.
H. 2160 -- Rep. L. Martin: A BILL TO AMEND SECTION 56-5-5350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF MOTOR VEHICLES, SO AS TO PROVIDE A MAXIMUM PENALTY OF FIFTEEN DOLLARS FOR FAILURE TO DISPLAY A CURRENT CERTIFICATE OF INSPECTION.
H. 2598 -- Rep. L. Martin: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE INDUSTRIAL COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE FOR THE MANNER FOR TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION AFTER PAYMENT OF THIS COMPENSATION HAS BEEN COMMENCED, AND PROVIDE THAT THE EMPLOYEE MAY REQUEST A HEARING TO HAVE TEMPORARY COMPENSATION REINSTITUTED AFTER TERMINATION.
H. 2599 -- Rep. L. Martin: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE THAT IN CASES OF SIXTY PERCENT OR MORE LOSS OF USE OF THE BACK THE INJURED EMPLOYEE IS PRESUMED TO HAVE SUFFERED TOTAL LOSS, AND TO DELETE CERTAIN LANGUAGE.
H. 2600 -- Rep. L. Martin: A BILL TO AMEND SECTION 42-9-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND LUMP SUM PAYMENTS, SO AS TO PROVIDE THAT LUMP SUM PAYMENTS OF NONACCRUED WEEKLY BENEFITS MAY NOT BE PERMITTED EXCEPT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THIS SECTION MAY NOT BE CONSTRUED TO PREVENT THE INDUSTRIAL COMMISSION FROM APPROVING A STRUCTURED SETTLEMENT UNDER CERTAIN CIRCUMSTANCES.
Rep. FAIR, with unanimous consent, moved to reconsider the vote whereby the following Bill was given a second reading which was agreed to.
H. 3188 -- Rep. Fair: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AT AGE SIXTY OR AFTER THIRTY YEARS' SERVICE, SO AS TO PROVIDE THAT IF A MEMBER IS LESS THAN SIXTY AND HAS AT LEAST TWENTY-FIVE YEARS OF CREDITABLE SERVICE, HE MAY ELECT TO RECEIVE UP TO FIVE YEARS OF ADDITIONAL SERVICE CREDIT FOR RETIREMENT PURPOSES UPON PAYING THE ACTUARIAL COST AS DETERMINED BY REGULATION.
Rep. FAIR, with unanimous consent, proposed the following Amendment No. 3 (Doc. No. 4219R), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Notwithstanding any other provision of law, for any retirement system provided for by law in this State the member of the retirement system, if he has at least twenty-five years of creditable service, may elect to receive up to five years of additional service credit as though the additional service credit were rendered by him as an employee or member upon his paying into his retirement system the actuarial cost as determined by regulation promulgated by the governing or administering board of his retirement system, provided the actuarial cost must be determined on the basis of current salary or the highest fiscal year salary in the work career, whichever is greater. The member shall also pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased. Any service credit purchased under this section must qualify the member for retirement and the member must retire within ninety days subsequent to the purchase.
With respect to any retirement system provided for by law in this State for which it is provided by law that any member in service who has completed five or more years of credited service but has not attained age fifty-five may, upon written application to the governing or administering board of his retirement system, retire on an early retirement allowance commencing upon his attainment of age fifty-five, the following are applicable:
(a) If the member is less than fifty-five years of age and has at least twenty-five years of creditable service, he may elect to receive up to five years of additional service credit as though the additional service credit were rendered by him as an employee or member upon his paying into his retirement system the actuarial cost as determined by regulation promulgated by the governing or administering board of his retirement system, provided the actuarial cost must be determined on the basis of current salary or the highest fiscal year salary in the work career, whichever is greater.
(b) The member shall also pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased, and any service credit purchased hereunder must qualify the member for retirement and the member must retire within ninety days subsequent to the purchase.
SECTION 2. This act shall take effect upon approval by the Governor./.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BEASLEY, with unanimous consent, it was ordered that H. 3188 be read the third time tomorrow.
On motion of Rep. LOCKEMY, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 3778 -- Reps. Lockemy, Kay, Cooper, Carnell, P. Harris, Townsend, Tucker and Washington: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY ELECTIONS, SO AS TO PROVIDE THAT IF ANY OPENING OR CLOSING DATE FOR ENTRIES FOR NOMINATION IN AN ELECTION FALLS ON SUNDAY, THE DATE CHANGES TO THE PRECEDING SATURDAY.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3825 -- Rep. Gentry: A BILL TO AMEND SECTION 4-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO AUTHORIZE MEMBERS TO BE ELECTED AS PROVIDED BY ANY COURT-ORDERED PLAN.
Rep. SHEHEEN moved to adjourn debate upon the Senate Amendments, which was adopted.
Rep. SHEHEEN raised the question of a quorum.
A quorum was later present.
Rep. RUSSELL moved to reconsider the vote whereby Amendment No. 2 on S. 210 was rejected and the motion was noted.
Rep. McEACHIN moved to adjourn debate upon the following Joint Resolution, which was adopted.
H. 2915 -- Rep. McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO DELETE OBSOLETE LANGUAGE AND LIMIT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY TO FORTY LEGISLATIVE DAYS UNLESS EXTENDED BY A VOTE OF THREE-FOURTHS OF THE MEMBERS ELECTED TO BOTH HOUSES.
The following Joint Resolution was taken up.
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.
Rep. J. ROGERS objected to the Resolution.
Rep. BEASLEY moved to adjourn debate upon the Resolution which was adopted.
Rep. L. MARTIN moved to dispense with the Motion Period.
As a first substitute Rep. McEACHIN moved to recall H. 2632 from the Education and Public Works Committee.
As a second substitute Rep. SHEHEEN moved to recall H. 3252 from the Ways and Means Committee.
Rep. KIRSH moved to table the motion.
Rep. SHEHEEN demanded the yeas and nays, which were not ordered.
The motion to table the motion to recall H. 3252 from the Committee on Ways and Means was agreed to by a division vote of 45 to 14.
As a second substitute Rep. WINSTEAD moved to dispense with the balance of the Motion Period.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The motion to dispense with the balance of the Motion Period was agreed to by a division vote of 54 to 15.
The SPEAKER granted Rep. S. ANDERSON a temporary leave of absence.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. TAYLOR having the floor.
H. 2016 -- Reps. Taylor, M.D. Burriss and P. Bradley: A BILL TO PROVIDE THAT IF THE FILING PERIOD IS THE SAME FOR ELECTION TO THE STATE SENATE, THE STATE HOUSE OF REPRESENTATIVES, AND ANY OTHER MULTICOUNTY OR STATEWIDE OFFICE, A PERSON MAY ONLY FILE FOR ELECTION TO ONE SUCH OFFICE, AND TO PROVIDE THAT IF THE FILING PERIODS FOR THESE OFFICES ARE DIFFERENT, A PERSON MUST FIRST WITHDRAW HIS CANDIDACY FOR ONE OF THESE OFFICES PREVIOUSLY FILED FOR BEFORE HE MAY FILE FOR THE OTHER OFFICE.
Rep. TAYLOR continued speaking.
Rep. WASHINGTON moved to table the Bill.
Rep. TAYLOR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Barfield Bradley, J. Carnell Day Elliott Faber Foxworth Gilbert Johnson, J.C. Kohn McAbee McEachin Mitchell Neilson Nettles Rawl Rogers, J. Washington Winstead
Those who voted in the negative are:
Schwartz Alexander Arthur, J. Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Dangerfield Davenport Derrick Evatt Foster Gregory Harris, P. Hawkins Hayes Hearn Helmly Hendricks, B. Huff Johnson, J.W. Jones Kay Limehouse Lockemy Martin, L. Mattos McBride McKay McLeod McTeer Moss Petty Phillips, L. Phillips, O. Rice Rogers, T. Russell Sharpe Sheheen Short Simpson Taylor Thrailkill Townsend Tucker Waldrop
So, the House refused to table the Bill.
Rep. GORDON moved to adjourn debate upon the Bill.
Rep. L. PHILLIPS moved to table the motion.
Rep. GORDON demanded the yeas and nays, which were not ordered.
The motion to table the motion to adjourn debate was agreed to by a division vote of 40 to 22.
Rep. GORDON spoke against the Bill.
Rep. WASHINGTON moved to continue the Bill.
Rep. P. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Bailey, K. Barfield Beasley Bennett Brown, J. Brown, R. Carnell Chamblee Day Elliott Faber Ferguson Foxworth Gilbert Gordon Gregory Harris, P. Holt Johnson, J.C. Jones Kay Martin, D. McAbee McEachin McLeod Mitchell Moss Neilson Nettles Pearce Phillips, O. Rawl Rogers, J. Shelton Snow Tucker Washington Winstead
Those who voted in the negative are:
Schwartz Blackwell Blanding Boan Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Cooper Dangerfield Davenport Derrick Edwards Evatt Fair Foster Hayes Hearn Keyserling Kirsh Klapman Kohn Lockemy Martin, L. Mattos McBride McKay McTeer Ogburn Petty Phillips, L. Rice Rogers, T. Sharpe Sheheen Short Simpson Taylor Thrailkill Townsend
So, the House refused to continue the Bill.
Rep. GORDON continued speaking.
The following was received.
Columbia, S.C., May 7, 1986
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
No. 57
Rep. BLACKWELL raised the Point of Order that acceptance of the invitation to ratify acts was out of order as the House would be in recess at 12:30 P.M.
ACTING SPEAKER SHEHEEN stated that a vote to accept the invitation at 12:30 P.M. would be construed by the Chair as a waiver of Rule 6.1 which provides for automatic recess, and he overruled the Point of Order.
Rep. KIRSH moved to accept the invitation, which was not agreed to.
Rep. GORDON continued speaking.
Rep. J.C. JOHNSON moved that the House do now adjourn.
Rep. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, K. Blackwell Blanding Bradley, J. Brown, G. Brown, J. Brown, R. Carnell Elliott Faber Foxworth Gregory Johnson, J.C. Kohn Martin, D. McAbee McLeod Phillips, O. Washington Winstead
Those who voted in the negative are:
Schwartz Alexander Anderson, J. Arthur, J. Beasley Boan Bradley, P. Brown, H. Burriss, J.H. Burriss, M.D. Chamblee Cork Dangerfield Davenport Derrick Edwards Fair Freeman Gordon Harris, J. Harris, P. Hawkins Hayes Hearn Hendricks, B. Holt Johnson, J.W. Jones Kay Kirsh Klapman Lake Limehouse Lockemy Martin, L. McBride McEachin McTeer Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Taylor Thrailkill Tucker
So, the House refused to adjourn.
The following was received.
Columbia, S.C., May 7, 1986
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:15 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
No. 58
On motion of Rep. McABEE the invitation was accepted.
Rep. L. MARTIN moved that upon the completion of the Ratification of Acts, the House stand adjourned.
Rep. FREEMAN raised the Point of Order that, as the intent of the motion was that the House adjourn, fifteen minutes had not expired since a similar motion was made.
ACTING SPEAKER SHEHEEN sustained the Point of Order.
Rep. GORDON continued speaking.
Rep. FABER moved to continue the Bill.
Rep. BLACKWELL raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. T. ROGERS moved that upon the completion of the Ratification of Acts, the House stand in recess until 2:30 P.M., which was not agreed to by a division vote of 21 to 46.
Rep. BLACKWELL inquired if the only motions open to the House were that of adjournment or recess as the House would stand at ease while the Ratification of Acts took place and would not resume until after 12:30 P.M.
ACTING SPEAKER SHEHEEN stated he could not advise the member on the availability of motions, but if the House resumed prior to the 12:30 P.M. recess time, motions would be in order.
Rep. L. MARTIN moved to reconsider the vote whereby the House accepted the invitation to ratify Acts at 12:15 P.M. which was agreed to by a division vote of 47 to 10.
The question then recurred to the motion to accept the invitation to ratify Acts at 12:15 P.M., which was rejected.
Rep. L. MARTIN moved to reconsider the vote whereby the House rejected the invitation to ratify Acts at 12:30 P.M., which was agreed to.
The question then recurred to the acceptance of the invitation to ratify Acts at 12:30 P.M., which was rejected.
Rep. P. BRADLEY inquired whether the House could invite the Senate to ratify Acts in the House Chambers.
ACTING SPEAKER SHEHEEN stated he could not entertain that motion.
Rep. BLACKWELL inquired if it was proper to reconsider the vote whereby the invitation to ratify Acts at 12:15 P.M. was rejected.
ACTING SPEAKER SHEHEEN stated that motion would be proper.
Rep. BLACKWELL then inquired if the vote was reconsidered, if it would be proper to accept the invitation subject to adjournment or recess by the House.
ACTING SPEAKER SHEHEEN stated that time had still not expired on the motion to adjourn, therefore such motion would not be in order.
Rep. J. ROGERS moved to table the Bill.
Rep. P. BRADLEY raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. GORDON moved to adjourn debate upon the Bill until Tuesday, July 1, 1986.
The following was received.
Columbia, S.C., May 7, 1986
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:25 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
No. 61
On motion of Rep. McABEE the invitation was accepted.
Rep. P. BRADLEY moved to table the motion to adjourn debate which was not agreed to.
The question then recurred to the motion to adjourn debate on the Bill until Tuesday, July 1, 1986.
Rep. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Anderson, J. Arthur, J. Bailey, K. Barfield Beasley Bradley, J. Brown, G. Brown, J. Brown, R. Carnell Chamblee Day Elliott Faber Ferguson Foxworth Gilbert Gordon Harris, J. Harris, P. Hawkins Helmly Holt Huff Johnson, J.C. Kay Lake Martin, D. Martin, L. McAbee McBride McEachin McLellan McLeod Moss Neilson Nettles Pearce Phillips, O. Rawl Rogers, J. Russell Shelton Stoddard Waldrop Washington Winstead
Those who voted in the negative are:
Alexander Bennett Blackwell Boan Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Cleveland Cork Dangerfield Davenport Derrick Edwards Felder Foster Freeman Hayes Hearn Hendricks, B. Hendricks, L. Johnson, J.W. Keyserling Kirsh Klapman Limehouse Lockemy McKay McTeer Ogburn Petty Phillips, L. Rogers, T. Sharpe Sheheen Simpson Sturkie Taylor Thrailkill Tucker Wilkins
So, the motion to adjourn debate until Tuesday, July 1, 1986 was agreed to.
Rep. BLACKWELL moved that upon the conclusion of the Ratification of Acts, the House stand adjourned, which was agreed to.
The following was received.
The General Assembly, Columbia, S.C., May 7, 1986
The Committee of Conference, to whom was referred:
Reference is to the version printed 4/24/86-S.
H. 3703 -- Reps. Klapman, Felder, Sharpe and J.H. Burriss: A BILL TO PROVIDE THAT BEGINNING WITH TAX YEAR 1986, THERE IS NO LIMITATION ON THE NUMBER OF MILLS THAT MAY BE IMPOSED IN LEXINGTON COUNTY FOR THE BENEFIT OF THE FIRE DISTRICTS IN THE COUNTY.
Beg leave to report that they have duly and carefully considered the same and recommend: That the Bill be amended by striking all after the enacting words and inserting therein:
"SECTION 1. Beginning with tax year 1986, there is no limitation on the number of mills that may be imposed in Lexington County for the benefit of the fire districts in the county.
SECTION 2. This act shall take effect upon approval by the Governor."
Nikki G. Setzler Charles R. Sharpe Joe Wilson Jarvis R. Klapman On Part of the Senate On Part of the House
Rep. KLAPMAN explained the report.
The report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 7, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3703:
H. 3703 -- Reps. Klapman, Felder, Sharpe and J.H. Burriss: A BILL TO PROVIDE THAT BEGINNING WITH
TAX YEAR 1986, THERE IS NO LIMITATION ON THE NUMBER OF MILLS THAT MAY BE IMPOSED IN LEXINGTON COUNTY FOR THE BENEFIT OF THE FIRE DISTRICTS IN THE COUNTY.
Very respectfully,
President
No. 59
Received as information.
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
Columbia, S. C., May 7, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1123:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 62
Received as information.
The following was received.
Columbia, S. C., May 7, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1017:
S. 1017 -- Senators Shealy, Theodore and Mitchell: A BILL TO AMEND CHAPTER 7 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIZE FIGHTING AND BOXING, SO AS TO PROVIDE THAT THE CHAPTER SHALL RELATE TO STATE AND COUNTY ATHLETIC COMMISSIONS, TO INCREASE THE MEMBERSHIP OF THE STATE ATHLETIC COMMISSION FROM SEVEN TO NINE, TO INCLUDE WRESTLING IN THE SPORTS REGULATED, TO PROVIDE FOR WAIVERS OF CAUSES OF ACTION AGAINST ANY OFFICIAL INVOLVED IN AN ATHLETIC EVENT AND TIME REQUIREMENTS RELATING TO THE FILING OF APPLICATIONS, TO DELETE REQUIREMENTS FOR ANNUAL REPORTS BY COUNTY ATHLETIC COMMISSIONS, AND TO DELETE RESPONSIBILITIES OF COUNTY ATHLETIC COMMISSIONS WHICH ARE ASSIGNED TO THE STATE ATHLETIC COMMISSION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 60
Received as information.
At 12:25 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R446) S. 1109 -- Transportation Committee: AN ACT 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.
(R447) 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.
(R448) S. 1266 -- Senator Macaulay: AN ACT 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.
(R449) S. 1207 -- Senator Pope: AN ACT 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.
(R450) S. 971 -- Senators Holland, E. Patterson, Matthews and Wilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 7-13-771 AND 7-15-400 SO AS TO PROVIDE A PROCEDURE BY WHICH ELECTORS WHO, BECAUSE OF PHYSICAL HANDICAP OR AGE, MAY VOTE OUTSIDE OF THE POLLING PLACE, AND PROVIDE A PROCEDURE BY WHICH A QUALIFIED ABSENTEE ELECTOR MAY APPLY FOR A SPECIAL WRITE-IN ABSENTEE BALLOT, AND ESTABLISH THE CONDITIONS UNDER WHICH THE BALLOT WOULD BE USED, AND TO AMEND SECTION 7-15-120, AS AMENDED, RELATING TO THE FORMS REQUIRED FOR ABSENTEE VOTER REGISTRATION, SO AS TO AUTHORIZE A PERSON APPLYING UNDER THE PHYSICALLY DISABLED DUE TO ILLNESS OR INJURY CATEGORY TO BE REGISTERED PERMANENTLY IF HE PRESENTS A WRITTEN STATEMENT OF THE DISABILITY BY HIS DOCTOR TO HIS COUNTY BOARD OF REGISTRATION.
(R451) S. 580 -- Senator Wilson: AN ACT TO AMEND SECTION 29-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, SO AS TO INCLUDE PLAN PREPARATION, SPECIFICATIONS, AND DESIGN DRAWINGS WITHIN THE DEFINITION OF "LABOR PERFORMED" UNDER THIS SECTION AND TO PROVIDE THAT THE PREVAILING PARTY IN AN ACTION TO ENFORCE THE LIEN MAY RECOVER COSTS AND ATTORNEYS' FEES AND TO PROVIDE A PROCEDURE FOR SETTLING CLAIMS AND DETERMINING WHO IS THE PREVAILING PARTY; TO AMEND SECTION 29-5-20, RELATING TO MECHANICS' AND OTHER MATERIALMEN'S LIENS, SO AS TO PROVIDE THAT THE PREVAILING PARTY IN AN ACTION TO ENFORCE THE LIEN MAY RECOVER COSTS AND ATTORNEYS' FEES AND TO PROVIDE A PROCEDURE FOR SETTLING CLAIMS AND DETERMINING WHO IS THE PREVAILING PARTY.
(R452) S. 24 -- Senator Theodore: AN ACT TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 14 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR ACTIVE MEMBERS OF THE UNITED STATES MILITARY RESERVE, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, A FEE AND CRIMINAL PENALTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1815 SO AS TO AUTHORIZE THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-3-1820, RELATING TO THE DESIGN AND THE PERIOD OF DURATION OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE NATIONAL GUARD MUST DENOTE THE MEMBER'S RETIRED STATUS IN THE LOCATION AND MANNER DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND PROVIDE FOR THE FEE FOR THE SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-1830, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL GUARD AND TO THE TRANSFER OF THE PLATES TO ANOTHER VEHICLE OF THE SAME OWNER, DISPLAY OF THE PLATES ON AN UNAUTHORIZED CAR, AND RETURN OF THE PLATES BY A HOLDER CEASING TO BE A MEMBER OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT IF A HOLDER OF SPECIAL LICENSE PLATES CEASES TO BE AN ACTIVE MEMBER OF THE NATIONAL GUARD HE SHALL IMMEDIATELY RETURN THE PLATES TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
(R453) S. 910 -- Banking and Insurance Committee: AN ACT 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.
(R454) S. 879 -- Senators Wilson and Setzler: AN ACT TO AMEND SECTION 59-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT ELEMENTARY AND SECONDARY SCHOOLS MAY REDUCE THE LENGTH OF THE INSTRUCTIONAL DAY TO NOT LESS THAN THREE HOURS ON NOT MORE THAN THREE DAYS EACH SCHOOL YEAR FOR THE PURPOSE OF ADMINISTERING END-OF-YEAR EXAMINATIONS, AND TO PROVIDE THAT PRIORITY DURING THE INSTRUCTIONAL DAY MUST BE GIVEN TO TEACHING AND LEARNING TASKS.
(R455) S. 153 -- Senators Leatherman, McConnell, Ravenel, McGill, Moore, Garrison, Peeler, Thomas, Courson and Drummond: AN ACT 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 THIRTEEN YEARS AFTER COMPLETION; TO CREATE AN OUTSIDE LIMITATION OF THIRTEEN 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.
(R456) S. 799 -- Senators Land and Theodore: AN ACT 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.
(R457) 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.
(R458) S. 944 -- Senators Waddell, Leatherman, Lourie and Theodore: AN ACT 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; TO AMEND ACT 176 OF 1977, AS AMENDED, RELATING TO APPROVAL OF REGULATIONS BY THE GENERAL ASSEMBLY PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT FROM REVIEW REGULATIONS OF THE SOUTH CAROLINA TAX COMMISSION ADOPTING INTERNAL REVENUE SERVICE REGULATIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX FEDERAL CONFORMING AMENDMENTS; 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.
(R459) S. 970 -- Senator Martin: AN ACT 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 INCLUDES ONLY BEGINNING BUSINESSES WHEN THE PURCHASER OF GOODS OR SERVICES PAYS THE SELLER A FEE IN EXCESS OF FIVE HUNDRED DOLLARS AND TO EXCLUDE SALES AND LEASES WHERE THE SELLER HAS A NET WORTH ON A CONSOLIDATED BASIS OF NOT LESS THAN TEN MILLION DOLLARS AND THE NOT FOR PROFIT SALE OF SALES DEMONSTRATION EQUIPMENT, MATERIALS, AND SAMPLES.
(R460) H. 2309 -- Reps. McLeod, McEachin, R. Brown, Limehouse, Hawkins, Gregory, Russell, Ferguson and Davenport: AN ACT TO AMEND SECTION 38-51-60, 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 HEALTH AND ACCIDENT AND LIFE INSURANCE POLICIES, AND CERTIFICATES ISSUED UNDER GROUP INSURANCE POLICIES ISSUED IN THIS STATE BE COUNTERSIGNED BY THE AGENT EXCEPT FOR AMENDMENTS OR REPLACEMENT OF OUTSTANDING POLICIES WITH REVISED FORMS OR ENDORSEMENTS.
(R461) H. 2399 -- Reps. Lewis, J. Rogers and Waldrop: AN ACT 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.
(R462) H. 2777 -- Reps. Day, Sharpe, G. Bailey, T. Rogers, Limehouse, Faber, Freeman, Shelton, Holt, O. Phillips, Archibald, J. Harris, Aydlette, Moss, Blackwell, Alexander, Simpson, Klapman, Williams, Davenport, Mattos, Cleveland, G. Brown, Fair, Rice, Rhoad, J. Arthur, Woods, Hawkins, Russell, Gregory, McTeer, Harvin, McBride, J.W. Johnson, Altman, T.M. Burriss, Hayes, Ogburn, Keyserling, Woodruff, Elliott, Toal, Schwartz and Townsend: AN ACT TO AMEND ARTICLE 13 OF CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE RECORDERS, BY ADDING SECTION 7-13-1371 SO AS TO PROVIDE FOR BALLOT CARDS USED IN CONJUNCTION WITH AN OPTICAL SCANNING DEVICE TO INCLUDE AN INSTRUCTION TO VOTE BOTH SIDES OF THE CARD, FOR THE LOCATION AND TYPE OF THE INSTRUCTION, FOR THE DESIGN OF THE CARDS USED IN CONJUNCTION WITH THE DEVICE DURING A PRESIDENTIAL ELECTION OR PRIMARY, FOR THE STATE ELECTION COMMISSION TO ESTABLISH THE FORM OF A SIGN TO BE DISPLAYED IN A POLLING PLACE UTILIZING THE DEVICE, AND FOR THE SIGN'S PRINTING AND LOCATION.
(R463) H. 3325 -- Rep. Hawkins: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF BARBER EXAMINERS AND THE STATE BOARD OF COSMETOLOGY.
(R464) H. 3540 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 40-21-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO CHANGE THE DEFINITION OF "PRACTICE OF LAND SURVEYING" SO AS TO EXPAND THE DEFINITION, INCLUDE THE WORK A TIER B LAND SURVEYOR MAY PERFORM AND DEFINE THE TERM "ABET" AS MEANING THE ACCREDITATION BOARD FOR ENGINEERING AND TECHNOLOGY; TO AMEND THE 1976 CODE BY ADDING SECTION 40-21-195 SO AS TO ESTABLISH THE QUALIFICATION FOR A TIER B LAND SURVEYOR; TO AMEND SECTION 40-21-200, AS AMENDED, RELATING TO THE QUALIFICATIONS OF A LAND SURVEYOR, SO AS TO ESTABLISH THE QUALIFICATIONS OF A TIER A LAND SURVEYOR; TO AMEND SECTION 40-21-206, RELATING TO THE QUALIFICATIONS FOR A SURVEYOR-IN-TRAINING, SO AS TO REQUIRE THAT APPLICANTS MUST MEET THE STANDARDS OF THE ACCREDITATION BOARD FOR ENGINEERS AND TECHNOLOGY AND TO DELETE THE REQUIREMENT THAT AN APPLICANT MUST BE A GRADUATE OF A HIGH SCHOOL OR POSSESS A STATE EQUIVALENCY CERTIFICATE; TO PROVIDE THAT ANY PERSON REGISTERED AS A SURVEYOR-IN-TRAINING UNDER THE PROVISIONS OF CHAPTER 21 OF TITLE 40 AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS ACT OR WHO MAY BE REGISTERED OR WHO CAN PROVIDE EVIDENCE SATISFACTORY TO THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS MAY BE REGISTERED AS A TIER A LAND SURVEYOR BY PASSING THE WRITTEN OR WRITTEN AND ORAL EXAMINATIONS IN THE PRINCIPLES AND PRACTICES IN TIER A OF LAND SURVEYING AS MAY BE PROVIDED BY THE BOARD; AND TO PROVIDE THAT THE BOARD SHALL PROMULGATE REGULATIONS EFFECTUATING THE PROVISIONS OF THIS ACT.
(R465) H. 3245 -- Reps. Evatt, Wilkins and Beasley: AN ACT 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, TO PROVIDE WHEN CASES MAY BE REVIEWED BY THE SYSTEM, TO OUTLINE THE REQUIREMENTS OF DECISIONS BY THE SYSTEM, AND TO PROHIBIT THE PROVISION OF ADDITIONAL STAFF AND STATE FUNDS TO CARRY OUT THE ADMINISTRATIVE PROVISIONS OF THE ARTICLE.
The Senate returned to the House with concurrence the following:
H. 3875 -- Charleston Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF JACK E. KRAWCHECK, A CIVIC AND BUSINESS LEADER OF CHARLESTON, UPON HIS DEATH.
H. 3876 -- Greenville Delegation: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE GENERAL ASSEMBLY TO CAROLINA HIGH SCHOOL IN GREENVILLE COUNTY ON THE OUTSTANDING SUCCESS OF ITS ACADEMIC TEAM AND THE SWEEP OF ACADEMIC TOURNAMENTS IN THIS STATE.
H. 3877 -- Reps. P. Harris, Tucker and Townsend: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. JERRY WILBUR LITTLE, JR., OF ANDERSON COUNTY UPON HIS DEATH.
H. 3878 -- Reps. P. Harris, Tucker, Townsend and Chamblee: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE ROY HENRY MARTIN, A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES OF ANDERSON COUNTY, UPON HIS DEATH.
H. 3879 -- Reps. Thrailkill, Barfield, Elliott and Pearce: A CONCURRENT RESOLUTION RECOGNIZING THE OUTSTANDING ACHIEVEMENTS OF SOCASTEE HIGH SCHOOL BASKETBALL STAR, BETH HUNT, OF MYRTLE BEACH IN HORRY COUNTY.
At 12:35 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 10:00 A.M. tomorrow.
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