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

TUESDAY, MAY 13, 1986

Tuesday, May 13, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Eternal Father, in Whose way is our peace, in Whose care we are secure, and in Whose service is our reward, grant us Your continual guidance that we may work effectively in the colorful tapestry of life which we are daily weaving. Give us light enough to walk through each day, strength sufficient to carry our responsibilities, eyes to see Your unchanging truth, and wills to follow that truth. Inspire us to lift our sights of seeming futility to the mountaintops of Your eternal principles with their great and glorious spires. In the strength of that vision, make us able to endure in faithfulness in every circumstance and condition.

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. KIRSH.

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

RULES AND REGULATIONS WITHDRAWN

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 8, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 576)

Dear Mrs. Shealy:

The State Department of Insurance is hereby withdrawing regulations pertaining to Valuation of Securities, effective May 8, 1986.

These regulations have been referred to the Labor, Commerce and Industry Committee.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

RULES AND REGULATIONS RECEIVED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 8, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 732)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 7, 1986 regulations concerning Administrative Procedures; Definitions; Distributor's License Required; Distributor's Records and Reports; Assessment; Producer's Milk Base; Classification of Milk from the S.C. State Dairy Board.

They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., May 8, 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. 748:

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 68

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., May 8, 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. 979:

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 65

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., May 8, 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. 1016:

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 66

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., May 8, 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. 1181:

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 67

Received as information.

H. 2002--NON-CONCURRENCE IN
SENATE AMENDMENTS

On motion of Rep. WHITE the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.

H. 2002 -- Rep. White: A BILL TO PROVIDE FOR REGISTRATION OF ELECTORS BY MAIL.

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

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

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.

H. 3236--NON-CONCURRENCE IN
SENATE AMENDMENTS

On motion of Rep. P. HARRIS the House nonconcurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.

H. 3236 -- Rep. P. Harris: A BILL TO AMEND SECTION 43-38-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS BY THE OMBUDSMAN OF THE GOVERNOR'S OFFICE, SO AS TO AUTHORIZE A GENERAL HOSPITAL IN WHICH A CLIENT, PATIENT, OR RESIDENT OF A HEALTH FACILITY HAS BEEN TREATED DURING THE PERIOD UNDER INVESTIGATION TO RELEASE MEDICAL RECORDS TO THE OMBUDSMAN UPON HIS WRITTEN REQUEST.

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3106 -- Rep. Shelton: A BILL TO AMEND SECTION 56-3-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR, AMONG OTHER THINGS, REPLACEMENT VEHICLE LICENSE PLATES AND REPLACEMENT REVALIDATION STICKERS, SO AS TO PROVIDE THAT THE FEE FOR EVERY REPLACEMENT LICENSE PLATE OR REVALIDATION STICKER MUST BE IN AN AMOUNT EQUAL TO THE ORIGINAL FEE LESS AN AMOUNT WHICH IS PROPORTIONATE AND EQUIVALENT TO THE LENGTH OF TIME WHICH HAS ALREADY EXPIRED IN THE LICENSING AND REGISTRATION PERIOD, PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY NOT REQUIRE PROOF OF THE PAYMENT OF TAXES IN THIS INSTANCE, AND DELETE CERTAIN PROVISIONS.

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.

H. 3107--NON-CONCURRENCE IN
SENATE AMENDMENTS

On motion of Rep. TUCKER the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.

H. 3107 -- Rep. Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-615 SO AS TO MAKE IT UNLAWFUL TO CULTIVATE OR ATTEMPT TO CULTIVATE MARIJUANA ON THE LAND OF ANOTHER AND TO PROVIDE A PENALTY.

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 2500 -- Rep. Hearn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 56, SO AS TO REGULATE PRIVATE TRAVEL TRAILER SALES.

Rep. HEARN explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

REPORTS OF STANDING COMMITTEES

Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3405 -- Reps. J. Bradley and Felder: A BILL TO AMEND SECTION 56-5-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR CERTAIN VEHICLES TO STOP AT ALL RAILROAD GRADE CROSSINGS, SO AS TO REVISE THE TYPES OF VEHICLES THAT ARE REQUIRED TO STOP AT ALL RAILROAD GRADE CROSSINGS.

Ordered for consideration tomorrow.

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

H. 3818 -- Reps. Lockemy and McLeod: A BILL TO LIMIT THE AMOUNT WHICH MAY BE CHARGED FOR THE PERFORMANCE OF A MARRIAGE CEREMONY AND TO PROVIDE A TAX ON PERSONS PERFORMING MARRIAGE CEREMONIES FOR NONRESIDENTS.

Ordered for consideration tomorrow.

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

S. 836 -- Senators E. Patterson, Theodore and Nell W. Smith: A BILL TO AMEND SECTION 20-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S POLICY OF THE STATE OF SOUTH CAROLINA, SO AS TO REVISE REPORTING REQUIREMENTS OF AGENCIES, DEPARTMENTS, AND INSTITUTIONS WHICH ARE REQUIRED TO SUBMIT ANNUAL STATEMENTS OF HOW THEIR PROGRAMS CONTRIBUTE TO THE IMPLEMENTATION OF THIS CHILDREN'S POLICY, AND TO MAKE THE ABOVE REPORTING REQUIREMENTS APPLICABLE TO ALL AGENCIES AND NOT JUST STATE AGENCIES WHICH ARE CONCERNED WITH OR ARE RESPONSIBLE FOR CHILDREN.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. SHARPE, from the Aiken Delegation, submitted a favorable report, on:

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.

S. 1218--ORDERED TO THIRD READING

On motion of Reps. GENTRY AND SHARPE, with unanimous consent, the following Bill was taken up for immediate consideration.

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.

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

S. 1218--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. GENTRY, with unanimous consent, it was ordered that S. 1218 be read the third time tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3899 -- Reps. Marchant, Davenport and Russell: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE CONGREGATION OF THE EVANGEL CATHEDRAL IN SPARTANBURG COUNTY UPON THE OCCASION OF THE GROUND BREAKING CEREMONIES FOR THE CATHEDRAL WHICH WERE HELD ON SUNDAY, MAY 11, 1986.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3900 -- Reps. Klapman, Koon, Sharpe, Derrick and Sturkie: A CONCURRENT RESOLUTION TO COMMEND ALBERTA ROWE OF LEXINGTON COUNTY FOR HER DEVOTED AND UNSELFISH SERVICE ON THE LEXINGTON COUNTY MENTAL HEALTH BOARD OF DIRECTORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3901 -- Rep. Marchant: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MONTY DuPUY, OF GREENVILLE COUNTY, ON THE OCCASION OF HIS FORTIETH ANNIVERSARY IN BROADCASTING.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3902 -- Reps. Blanding and Schwartz: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. CATHERINE BRUNSON KINGWOOD OF SUMTER COUNTY UPON HER DEATH.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 3903 -- Reps. Evatt, Beasley and Wilkins: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 5, 1986, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.

Whereas, thirty percent of the population of South Carolina are children; and

Whereas, the children of South Carolina are our most precious resource and our greatest hope for the future; and

Whereas, the children of South Carolina deserve our most concerted efforts on their behalf to enrich their lives and provide better opportunities for their future; and

Whereas, the children of South Carolina are our most vulnerable citizens and are reliant on adults and adult systems for their care and well-being and recognition of their needs; and

Whereas, a week designated for the purpose of focusing on the needs of children and the community services available to them will be beneficial both to children and to the future of South Carolina. Now, therefore,

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

That the week beginning October 5, 1986, is designated "South Carolina Children's Week". Governor Richard W. Riley is requested to call upon the people of this State to observe the week with approprivate ceremonies and activities.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1300 -- Senator Wilson: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO J. FRED EPTING, PRINCIPAL OF SPRINGDALE ELEMENTARY SCHOOL IN LEXINGTON COUNTY UPON HIS RETIREMENT.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1301 -- Senators Elizabeth Patterson, Lee, and Horace C. Smith: A CONCURRENT RESOLUTION COMMENDING THE SPONSORS AND SUPPORTERS OF THE "JUST SAY NO" DRUG PREVENTION DAY IN SPARTANBURG COUNTY, ONE OF THE MOST WORTHWHILE PROGRAMS OF PUBLIC AWARENESS TO TAKE PLACE IN SOUTH CAROLINA IN 1986, FOR THEIR EFFORTS TO PUBLICIZE AND CARRY OUT THIS EVENT, AND DECLARING SATURDAY, MAY 24, 1986, AS "JUST SAY NO DAY" IN THE CITY AND COUNTY OF SPARTANBURG.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

On motion of Rep. DAVENPORT, with unanimous consent, the following was taken up for immediate consideration:

S. 1302 -- Senators Powell, Garrison, Horace C. Smith, Lee and Setzler: A CONCURRENT RESOLUTION AUTHORIZING A PORTRAIT OF THE LATE HONORABLE OLIN D. JOHNSTON, UNITED STATES SENATOR, TO BE PLACED APPROPRIATELY IN THE STATE HOUSE AND TO BE PAID FOR BY PRIVATE CONTRIBUTIONS.

Whereas, the late Honorable Olin DeWitt Johnston was a member of the South Carolina House of Representatives from Anderson County from 1923-1924 and from Spartanburg County from 1927-1930; and

Whereas, he was elected Governor of South Carolina twice -- in 1934 and 1942 -- and served with distinction in that office; and

Whereas, he later became a member of the United States Senate and served outstandingly in that position for many years until his death in 1965; and

Whereas, he was a statesman of the highest caliber and he loved, and was greatly loved by, his fellow South Carolinians; and

Whereas, he was well-known during his public career, and is still widely remembered even today, as a great champion of the working man; and

Whereas, Olin Johnston's public service, devotion to his constituents, energy, and dedication all have served to make him a legend whose stature has increased each year since his death; and

Whereas, these qualities and this background combine to make Olin Johnston highly deserving of the posthumous honor of having his portrait appropriately placed in the State House; and

Whereas, it is believed that such a portrait would be paid for willingly and readily by private contributions from persons eager to join publicly with the General Assembly in according Olin Johnston this honor. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, authorize a portrait of the late Honorable Olin D. Johnston, United States Senator, to be placed appropriately in the State House and to be paid for by private contributions.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

H. 3906 -- Reps. Beasley, Cleveland, T.M. Burriss, Cork, Faber, McLellan, Evatt, Blanding, Lloyd Hendricks, Kirsh, Cooper, J. Brown, Hearn, Hayes, Foster, L. Martin, B.L. Hendricks, Derrick, Wilkins and Freeman: A CONCURRENT RESOLUTION TO CONGRATULATE CLEMSON BASEBALL COACH BILL WILHELM ON HIS EIGHT HUNDREDTH VICTORY AND TO RECOGNIZE HIM FOR HIS EXTRAORDINARY CONTRIBUTION TO CLEMSON UNIVERSITY AND ITS ATHLETIC PROGRAM AND TO EXPRESS THE APPRECIATION OF ALL CLEMSON FANS AND SUPPORTERS FOR HIS DEDICATION TO CLEMSON UNIVERSITY.

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

INTRODUCTION OF BILLS

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

H. 3904 -- Reps. P. Bradley, Blackwell, Fair, Brett, T.M. Burriss, Hearn, Davenport, Simpson, Thrailkill and Wilkins: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER TRAINING INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 659, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Referred to Committee on Education and Public Works.

H. 3905 -- Rep. Kohn: A BILL TO PROVIDE THAT THE GOVERNING BODY OF THE NORTH CHARLESTON PUBLIC SERVICE DISTRICT SHALL CONSIST OF FIVE MEMBERS WHO MUST BE ELECTED IN NONPARTISAN ELECTIONS BEGINNING WITH THE YEAR 1986 AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS ARE ELECTED.

Referred to Charleston Delegation.

S. 629 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 13-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE FOR MEMBERS, OFFICERS, TERMS, AND VACANCIES; AND 13-3-50, RELATING TO QUALIFICATION, COMPENSATION, AND REMOVAL OF MEMBERS OF THE STATE DEVELOPMENT BOARD, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE INCLUDING THE PROVISIONS ALLOWING A MEMBER OF THAT BOARD TO SERVE ALSO AS A NOTARY PUBLIC.

Referred to Committee on Labor, Commerce and Industry.

S. 974 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 17 SO AS TO PROVIDE THAT LANDS TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THIS STATE AND USED BY PRIVATE ENTITIES ARE NOT SUBJECT TO TAXATION BY A COUNTY, MUNICIPALITY, SCHOOL DISTRICT, OR SPECIAL PURPOSE DISTRICT IF THE USER IS PERMITTED UNDER THOSE TERMS AS THE GENERAL ASSEMBLY MAY PROVIDE BY GENERAL LAW TO NEGOTIATE A FEE IN LIEU OF TAXES.

Referred to Committee on Ways and Means.

S. 1267 -- Senators Lee, Horace C. Smith and E. Patterson: A BILL TO AMEND ACT 612 OF 1984, RELATING TO THE ELECTION OF TRUSTEES FOR THE SCHOOL DISTRICTS OF SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD TO REAPPOINT AN INCUMBENT TRUSTEE, IN THE EVENT NO ONE HAS FILED A PETITION OF CANDIDACY, AT LEAST SIXTY DAYS BEFORE THE ELECTION INSTEAD OF AT THE TIME HIS TERM EXPIRES.

Referred to Spartanburg Delegation.

S. 1299 -- Senator Hayes: A BILL TO AMEND ACT 271 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3 OF YORK COUNTY SO AS TO REVISE THE TIME BY WHICH NOTICE OF AN ELECTION FOR THE BOARD OF TRUSTEES MUST BE PUBLISHED AND TO REVISE THE TIME BY WHICH CANDIDATES FOR ELECTION TO THE BOARD MUST FILE NOTICE OF THEIR CANDIDACY.

Referred to York Delegation.

H. 3912 -- Reps. R. Brown and McLeod: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 4 IN MARION COUNTY TO BORROW NOT EXCEEDING TWO HUNDRED SEVENTY-FIVE THOUSAND DOLLARS, FOR THE PURPOSE OF CONSTRUCTING, IMPROVING, AND REPAIRING SCHOOLS AND SCHOOL BUILDINGS IN THE DISTRICT, AND TO PROVIDE FOR THE METHOD OF PAYMENT OF THE LOAN AND INTEREST BY THE BOARD.

Referred to Marion Delegation.

ROLL CALL

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                Blackwell              Blanding
Boan                   Bradley, J.            Brett
Brown, G.              Brown, H.              Brown, J.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cooper
Cork                   Dangerfield            Davenport
Day                    Derrick                Edwards
Evatt                  Faber                  Fair
Felder                 Foster                 Foxworth
Freeman                Gentry                 Gilbert
Gordon                 Harris, P.             Harvin
Hawkins                Hayes                  Hearn
Helmly                 Hendricks, B.          Hendricks, L.
Holt                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Kohn                   Koon
Lake                   Lewis                  Limehouse
Lockemy                Mangum                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McKay
McLellan               McLeod                 McTeer
Mitchell               Moss                   Neilson
Nettles                Ogburn                 Pearce
Petty                  Phillips, O.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Russell                Sharpe                 Sheheen
Shelton                Simpson                Snow
Stoddard               Taylor                 Thrailkill
Toal                   Tucker                 Waldrop
Washington             White                  Wilkins
Williams               Winstead               Woodruff

STATEMENT OF ATTENDANCE

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

Thomas E. Huff                    L. Edward Bennett
Jean Harris                       Tee Ferguson
Sterling Anderson                 Charles L. Griffin III
Philip T. Bradley                 Jack Gregory
Warren D. Arthur                  Lewis Phillips
Rick Rigdon                       M. Duke Cleveland
Lenoir Sturkie                    Paul Short
A. Victor Rawl                    Dick Elliott
Total Present--118

LEAVES OF ABSENCE

The SPEAKER granted Reps. KLAPMAN and R. BROWN a leave of absence for the week.

The SPEAKER granted Reps. TOWNSEND and MARCHANT a leave of absence for the day.

H. 3907--DEBATE ADJOURNED

The following was introduced:

H. 3907 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S.210, RELATING TO CIVIL ACTIONS AGAINST EMPLOYERS WHO DISMISS OR DEMOTE AN EMPLOYEE FOR FILING A WORKERS' COMPENSATION CLAIM, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H. 2420 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S.210 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S. 210 be set by special order for second reading or other consideration immediately following second reading or other disposition of H. 2420 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 210 is given second reading or it is otherwise disposed of.

Rep. TOAL explained the Resolution and moved to adjourn debate upon the Resolution for 5 minutes, which was adopted.

S. 985--RECONSIDERED, AMENDED, AND
RETURNED TO THE SENATE

The following Bill was taken up.

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.

Rep. MANGUM moved to reconsider the vote whereby the Bill was given a third reading which was agreed to.

On motion of Rep. MANGUM, with unanimous consent, Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3369R), which was adopted.

Amend the bill, as and if amended, by adding the following new sections appropriately numbered:

/SECTION __. The next to the last paragraph of Section 9-1-1140 of the 1976 Code, as last amended by Act 486 of 1984, is further amended to read:

"Any member with two or more years of creditable service shall receive additional creditable service for the period of his military service, at the rate of one year of military service for each two years of his creditable service excluding any period of creditable military service, provided he was discharged or separated from the military service under conditions other than dishonorable, and provided that he shall pay to the System, by a single payment prior to his retirement or death or by such other method of payment as may be prescribed from time to time by the Board, all payments to the System he would have been required to make for the period to be so credited had he been employed in the position he held immediately prior to the commencement of his military leave during the period of such military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to his employment by an employer such payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the System. The required employer contribution must be assumed by the State. No member shall receive credit for more than six years of military service. Active military duty performed subsequent to July 1, 1974, may not be considered creditable service. Any former employee of the United States employed in this State by an employer covered by the System, and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the System the actuarial cost as determined by the Board. The member payment may not be less than ten percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment whichever is greater for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment must establish credit for all service for which eligible. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event shall any benefits payable under the System duplicate benefits being paid under any other retirement system for the same period of service."

SECTION __. Item (6) of Section 9-11-50 of the 1976 Code, added by Act 76 of 1985, is amended to read:

"(6) Any former employee of the United States employed in this State by an employer covered by the System, and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the System the actuarial cost as determined by the Board. The member payment may not be less than ten percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment must establish credit for all service for which eligible. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event shall any benefits payable under the System duplicate benefits being paid under any other retirement system for the same period of service."/

Renumber sections to conform.

Amend title to conform.

Rep. MANGUM explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the third time and ordered returned to the Senate.

H. 3840--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the following Bill until Tuesday, May 27, which was adopted.

H. 3840 -- Reps. McLellan and Cleveland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-250 SO AS TO MAKE IT ILLEGAL FOR ANYONE TO UTILIZE A WATER VESSEL AS A DWELLING PLACE FOR SEVEN CONSECUTIVE DAYS WITHOUT HAVING THE METHOD OF SEWERAGE DISPOSAL OF THE WATER VESSEL APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE A PENALTY FOR VIOLATION, TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION.

S. 961--DEBATE ADJOURNED

Rep. TOAL moved to adjourn debate upon the following Bill, 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 AND MATHEMATICS CLASSES IN GRADES SEVEN THROUGH TWELVE IN SCHOOL DISTRICTS WITH A STUDENT POPULATION IN EXCESS OF NINE THOUSAND.

S. 1062--DEBATE ADJOURNED

Rep. T. ROGERS moved to adjourn debate upon the following Bill, which was adopted.

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.

S. 433--OBJECTIONS

The following Bill was taken up.

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.

Debate was resumed on Amendment No. 1, which was introduced on Thursday, May 8, by the Committee on Labor, Commerce and Industry.

Rep. T.M. BURRISS explained the amendment.

RULE 6.1 WAIVED

Rep. WINSTEAD moved to waive Rule 6.1, which was agreed to.

Rep. T.M. BURRISS continued speaking.

Reps. FOSTER, BLANDING and KIRSH objected to the Bill.

S. 694--DEBATE ADJOURNED

Rep. DANGERFIELD moved to adjourn debate upon the following Bill, which was adopted.

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.

H. 3907--AMENDED AND ADOPTED

Debate was resumed on the following House Resolution, the pending question being the consideration of the Resolution.

H. 3907 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 210, RELATING TO CIVIL ACTIONS AGAINST EMPLOYERS WHO DISMISS OR DEMOTE AN EMPLOYEE FOR FILING A WORKERS' COMPENSATION CLAIM, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S.210 UNTIL SECOND READING OR OTHER DISPOSITION.

Reps. McTEER and L. MARTIN proposed the following Amendment No. 1, which was adopted.

Amend as and if amended.

By striking:

"Second reading or other disposition of H. 2420" and inserting:

"the call of the uncontested calendar".

Amend title to conform.

Rep. McTEER explained the amendment.

Rep. NETTLES moved to table the amendment.

Rep. McTEER demanded the yeas and nays, which were not ordered.

The House refused to table the amendment by a division vote of 24 to 35.

The question then recurred to the adoption of the amendment.

Rep. McEACHIN demanded the yeas and nays, which were not ordered.

The amendment was then adopted by a division vote of 45 to 30.

The Resolution, as amended, was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3908 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3551, RELATING TO PHYSICAL THERAPISTS, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF S. 210 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3551 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 3551 be set by special order for second reading or other consideration immediately following second reading or other disposition of S. 210 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 3551 is given second reading or it is otherwise disposed of.

Rep. TOAL explained the Resolution.

The Resolution was adopted.

H. 3909--ADOPTED

The following was introduced:

H. 3909 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3300, RELATING TO BINGO, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H. 3551 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3300 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 3300 be set by special order for second reading or other consideration immediately following second reading of other disposition of H. 3551 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 3300 is given second reading or it is otherwise disposed of.

Rep. TOAL explained the Resolution.

Rep. McEACHIN moved to table the Resolution.

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

Yeas 18; Nays 54

Those who voted in the affirmative are:

Schwartz               Alexander              Aydlette
Blackwell              Blanding               Foster
Foxworth               Freeman                Gilbert
Holt                   Kirsh                  Martin, L.
McEachin               McKay                  McLellan
Rice                   Shelton                Simpson

Total--18

Those who voted in the negative are:

Altman                 Arthur, J.             Bailey, G.
Bailey, K.             Beasley                Boan
Bradley, P.            Brown, H.              Brown, J.
Burriss, J.H.          Burriss, T.M.          Carnell
Chamblee               Cooper                 Cork
Davenport              Day                    Derrick
Edwards                Evatt                  Ferguson
Gentry                 Harris, J.             Harvin
Hawkins                Hayes                  Helmly
Hendricks, B.          Huff                   Jones
Kay                    Keyserling             Lake
Lewis                  Limehouse              Lockemy
Mangum                 McAbee                 McTeer
Mitchell               Neilson                Ogburn
Pearce                 Petty                  Rogers, T.
Russell                Sharpe                 Sheheen
Snow                   Taylor                 Toal
Waldrop                White                  Woodruff

Total--54

So, the House refused to table the Resolution.

The question then recurred to the adoption of the Resolution, which was agreed to.

Rep. McABEE moved that the House recede until 2:45 which was adopted.

THE HOUSE RESUMES

At 2:45 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

H. 2353--OBJECTIONS WITHDRAWN

Reps. BLACKWELL and GORDON, with unanimous consent, withdrew their objections to the following Bill.

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.

H. 3761--OBJECTION WITHDRAWN

Rep. J. HARRIS, with unanimous consent, withdrew her objection to H. 3761 however, other objections remained upon the Bill.

H. 3771--OBJECTION WITHDRAWN

Rep. SHELTON, with unanimous consent, withdrew her objection to H. 3771 however, other objections remained upon the Bill.

CONCURRENT RESOLUTION

On motion of Rep. GILBERT, with unanimous consent, the following was taken up for immediate consideration:

S. 1311 -- Senators Dennis, J. Verne Smith, McLeod, Waddell, Williams, Applegate, Branton, Bryan, Courson, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, Mitchell, Moore, E. Patterson, Kay Patterson, Peeler, Pope, Powell, Ravenel, Saleeby, Setzler, Shealy, Horace C. Smith, Nell W. Smith, Thomas E. Smith, Jr., Theodore, Thomas and Wilson: A CONCURRENT RESOLUTION TO AUTHORIZE THE USE OF THE MAIN LOBBY OF THE STATE HOUSE SO THAT THE REMAINS OF DR. RONALD E. MCNAIR, WHO DIED ON JANUARY 28, 1986, IN THE TRAGIC CHALLENGER SPACE SHUTTLE ACCIDENT, MAY LIE IN STATE BETWEEN THE HOURS OF 1:00 P.M. AND 4:00 P.M. ON FRIDAY, MAY 16, 1986.

Whereas, Dr. Ronald E. McNair, was a native South Carolinian and resident of Lake City, South Carolina; and

Whereas, Dr. McNair was a scientist astronaut and member of the crew of the Challenger space shuttle; and

Whereas, Ron McNair was a role model for all young people, not only in South Carolina but throughout the nation, to emulate. Now, therefore,

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

That the members of the General Assembly authorize the use of the main lobby of the State House so that the remains of Dr. Ronald E. McNair, who died on January 28, 1986, in the tragic Challenger space shuttle accident, may lie in state between the hours of 1:00 p.m. and 4:00 p.m. on Friday, May 16, 1986.

Be it further resolved that a copy of this resolution be forwarded to the family of Dr. Ronald E. McNair.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., May 13, 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. 892:

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 69

Received as information.

S. 947--DEBATE ADJOURNED

Rep. DANGERFIELD moved to adjourn debate upon the following Bill, which was adopted.

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.

S. 1057--DEBATE ADJOURNED

Rep. DANGERFIELD moved to adjourn debate upon the following Bill, which was adopted.

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.

S. 1059--DEBATE ADJOURNED

Rep. J. ARTHUR moved to adjourn debate upon the following Bill, which was adopted.

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.

S. 1064--AMENDED AND COMMITTED

The following Bill was taken up.

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.

Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 4215R), which was adopted.

Amend the bill, as and if amended, in subsection (c) of Section 43-5-540 of the 1976 Code, as contained in SECTION 1, as follows:
on page 5, by striking lines 25 through 28 which reads /The bona fide offer of employment, training, or work experience must be consistent with the person's physical, mental, and emotional capabilities./; on lines 36 and 37, page 5, by striking item (2) in its entirety which reads:

/(2) the offer of employment does not result in any displacement of an employed worker;/; on line 38, page 5, by striking /(3)/ and inserting /(2)/; on line 43, page 5, by striking /(4)/ and inserting /(3)/; and on line 43, page 5, by inserting after /to/ /a bona fide/ so that when amended subsection (c) shall read:

/(c) No person registered pursuant to subsection (a) may refuse to accept a bona fide offer of employment or training. In order to be a bona fide offer of employment, there must be reasonable assurances that:

(1) appropriate standards for the health, safety, minimum wage, and other conditions applicable to the performance of work and training in the employment are established and will be maintained;

(2) with respect to such employment, the conditions of work, training, education, and employment are reasonable in the light of such factors the type of work, geographical region, and the proficiency of the participant;

(3) the employment is not available due to a bona fide labor dispute, strike, or lockout./

Amend the bill further in subsection (a) of Section 43-5-550 of the 1976 Code, as contained in SECTION 1, page 6, line 17, by striking /and maintain their highest level of/ so that when amended subsection (a) shall read:

/(a) The department is responsible for the development and operation of a statewide Work Support Service Delivery System which will assist public assistance recipients, as required to register in Section 43-5-540, or those who participate on a voluntary basis, to attain economic independence through employment in response to the manpower needs of the State./

Amend further in subsection (d) of Section 43-5-550 of the 1976 Code, as contained in SECTION 1, page 6, line 35, by inserting after /must/ /seek to/ so that when amended subsection (d) shall read:

/(d) The department must seek to ensure that the DSS Work Support Service Delivery System will not be in competition with or duplicate services of other work-oriented programs but will supplement and compliment those programs through the initiation and maintenance of cooperative agreements and contracts, as considered necessary by the department./

Amend further in item (2) of subsection (h) of Section 43-5-550 of the 1976 Code, as contained in SECTION 1, page 7, line 30, by inserting after /areas/ /as are appropriate for that client/ so that when amended item (2) shall read:

/(2) The client assessment component of the Work Support Services Unit is to determine the individual client's current employability status and level of functioning in the following areas as are appropriate for that client:

(a) vocational assessment;

(b) educational assessment;

(c) psychological assessment;

(d) social assessment;

(e) medical assessment;

(f) economic assessment./

Amend further in sub-subitem (ii) of subitem (b) of item (4) of subsection (h) of Section 43-5-550 of the 1976 Code, as contained in SECTION 1, page 8, line 26, by inserting after /Education,/ /State Board for Technical and Comprehensive Education,/ so that when amended sub-subitem (ii) shall read:

/(ii) Semi-skilled and skilled training must be provided through cooperative agreements or contracts with the Department of Vocational Rehabilitation, State Department of Education, State Board for Technical and Comprehensive Education,/.

Amend further in sub-subitem (iii) of subitem (b) of item (4) of subsection (h) of Section 43-5-550, page 8, line 29, by inserting after /basis/ /where appropriate and cost effective/. When amended, sub-subitem (iii) shall read:

/(iii)     Specialized training and education must be made available on an individual basis where appropriate and cost effective./

Amend further in item (5) of subsection (h) of Section 43-5-550 of the 1976 Code, as contained in SECTION 1, page 9, line 8, by inserting after /Board,/ /State Board for Technical and Comprehensive Education,/ so that when amended item (5) shall read:

/(5) Job marketing and selective placement services must be provided by the DSS Work Support Services staff and through cooperative agreement or contracts with the Employment Security Commission, Department of Vocational Rehabilitation, Job Training Partnership Act (JTPA) and Private Industry Councils (PIC), State Development Board, State Board for Technical and Comprehensive Education, or all. Emphasis must be placed on the identification and development of quality placements to assure the continued self-sufficiency of DSS clients served./

Amend further by striking sub-subitem (b) on lines 37 through 45 of page 9 and lines 1 through 6 of page 10, of item (7) of subsection (h) of Section 43-5-550 of the 1976 Code, as contained in SECTION 1, which reads:

/(b) The department must establish a community based Work Support Council in each of the target areas in which a Work Support Services Unit is operated. This Council must provide input and guidance regarding the operation of that specific DSS Work Support Services Program Unit. The department will appoint the chairperson and membership of this council. Membership may include representatives from the business and industrial sector, involved agencies, and organizations, and DSS clientele in the targeted area. The department is responsible for the development of policies and procedures governing the operation of the council./ and inserting:

/(b) The department shall establish a community-based Work Support Council in each of the target areas in which a Work Support Services Unit is operated. The department is also responsible for developing policies and procedures governing the operation of the Council. This Council shall provide input and guidance regarding the operation of that specific DSS Work Support Services Program Unit. The Legislative Delegation shall appoint members in proportion to population of county and the chairmanship shall rotate between counties. All members shall serve terms of four years with no limit on the number of terms that may be served. Membership shall include the business and industrial sector, involved agencies and organizations, and DSS clientele in the targeted area. The membership of the Council shall include, as a minimum, the following composition:

(1) five members from the involved agencies and organizations,

(2) five members from the business and industrial sector, and

(3) two members from DSS clientele./

Amend further by striking Section 43-5-570 of the 1976 Code, as contained in SECTION 1, on lines 28 through 45 of page 10 and lines 1 through 3 of page 11, which reads:
/Section 43-5-570. A person who is not in a class of persons excluded from mandatory participation in the South Carolina Employables Program and who without good cause: (1) voluntarily terminates employment or reduces his earning capacity for the purpose of qualifying for assistance or a larger amount thereof, (2) refuses to participate in the DSS Work Support Service Delivery System in keeping with the State Plan, or (3) fails or refuses to accept referral to and participate in a vocational rehabilitation or training program, or refuses to accept referral to and work in employment in which he is able to engage, provided the employment conforms to the standards established for a bona fide offer of employment in the South Carolina Employables Program, is disqualified from receiving assistance for thirty days thereafter and until such time as he is willing to comply with the requirements of Section 43-5-540./ and inserting:
/Section 43-5-570. A person is not in a class of persons excluded from mandatory participation in the South Carolina Employables Program and who without good cause (1) voluntarily terminates employment or reduces his earning capacity for the purpose of qualifying for assistance or a larger amount thereof, (2) refuses to participate in the DSS Work Support Services Delivery System in keeping with the State Plan, or (3) fails or refuses to accept referral to and participate in a vocational rehabilitation or training program, or refuses to accept referral to and work in employment in which he is able to engage, provided the employment conforms to the standards established for a bona fide offer of employment in the South Carolina Employables Program is disqualified from receiving assistance for three-payment months for the first such failure and for six-payment months for any subsequent such failure./

Amend further in subsection (b) of Section 43-5-580 of the 1976 Code, as contained in SECTION 1, page 11, lines 18 through 25, by striking /The scale shall include consideration of gross income, shall authorize expense deductions, including deductions for taxes, for determining net income, shall designate other available resources to be considered, and shall specify the circumstances which should be considered in reducing liability on the basis of hardship./ so that when amended subsection (b) shall read:

/(b) The department shall establish a scale of suggested minimum contributions to assist courts in determining the amount that an absent parent should be expected to pay toward the support of a dependent child. Copies of this scale must be made available to courts, district attorneys, and to the public. It is intended that the scale formulated pursuant to this section be optional./

Amend title to conform.

Rep. L. MARTIN explained the amendment.

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

Rep. L. MARTIN continued speaking.

The amendment was then adopted.

Rep. McLELLAN moved to commit the Bill to the Committee on Ways and Means, which was agreed to.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

S. 210--AMENDED AND ORDERED TO THIRD READING

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.

AMENDMENT NO. 2--RECONSIDERED AND ADOPTED

The motion of Rep. RUSSELL to reconsider the vote whereby Amendment No. 2 to the following Bill was rejected 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.

Rep. L. MARTIN spoke in favor of the motion to reconsider.

Rep. J. W. JOHNSON moved to table the motion to reconsider.

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

Yeas 17; Nays 59

Those who voted in the affirmative are:

Chamblee               Hayes                  Huff
Johnson, J.W.          Jones                  Kay
Keyserling             Mattos                 Phillips, L.
Rice                   Rogers, J.             Rogers, T.
Sharpe                 Shelton                Stoddard
Taylor                 Toal

Total--17

Those who voted in the negative are:

Alexander              Arthur, J.             Arthur, W.
Bailey, G.             Barfield               Beasley
Blanding               Boan                   Bradley, P.
Brown, H.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Cleveland
Cooper                 Cork                   Dangerfield
Day                    Derrick                Elliott
Fair                   Foster                 Foxworth
Gordon                 Gregory                Harris, J.
Harris, P.             Hawkins                Hearn
Hendricks, B.          Johnson, J.C.          Kirsh
Koon                   Limehouse              Lockemy
Mangum                 Martin, D.             Martin, L.
McAbee                 McEachin               McLellan
McLeod                 Moss                   Neilson
Ogburn                 Pearce                 Petty
Rhoad                  Russell                Sheheen
Simpson                Sturkie                Thrailkill
Tucker                 Waldrop                Washington
Williams               Woodruff

Total--59

So the House refused to table the motion to reconsider the vote whereby Amendment No. 2 was rejected.

The question then recurred to the motion to reconsider the vote whereby Amendment No. 2 was rejected, which was agreed to.

Rep. L. MARTIN spoke in favor of the amendment.

The amendment was then adopted.

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

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

Yeas 85; Nays 5

Those who voted in the affirmative are:

Alexander              Altman                 Arthur, J.
Aydlette               Bailey, G.             Barfield
Beasley                Blackwell              Blanding
Boan                   Bradley, P.            Brown, H.
Brown, J.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Cleveland
Cooper                 Cork                   Dangerfield
Day                    Derrick                Elliott
Faber                  Fair                   Felder
Foster                 Foxworth               Freeman
Gentry                 Gilbert                Gordon
Gregory                Harris, J.             Harris, P.
Hawkins                Hayes                  Hearn
Helmly                 Hendricks, B.          Hendricks, L.
Johnson, J.C.          Johnson, J.W.          Kirsh
Kohn                   Koon                   Limehouse
Lockemy                Mangum                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McLellan
McLeod                 Moss                   Neilson
Nettles                Ogburn                 Pearce
Petty                  Phillips, L.           Rice
Rogers, J.             Rogers, T.             Russell
Sheheen                Shelton                Simpson
Stoddard               Sturkie                Taylor
Thrailkill             Toal                   Tucker
Waldrop                Washington             White
Wilkins                Williams               Winstead
Woodruff

Total--85

Those who voted in the negative are:

Chamblee               Huff                   Jones
Kay                    Sharpe

Total--5

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

RECORDS FOR VOTING

I wish to be recorded as voting in favor of S. 210.

Rep. S. ANDERSON

I wish to be recorded as voting in favor of S. 210.

Rep. LAKE

S. 210--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 210 be read the third time tomorrow.

H. 3551----AMENDED AND ORDERED TO THIRD READING

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.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was introduced on Wednesday, April 16, by the Committee on Medical, Military, Public and Municipal Affairs.

Rep. LOCKEMY spoke in favor of the amendment.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. WINSTEAD asked unanimous consent that H. 3551 be read a third time tomorrow.

Rep. B.L. HENDRICKS objected.

CONCURRENT RESOLUTION

On motion of Rep. STODDARD, with unanimous consent, the following was taken up for immediate consideration:

H. 3910 -- Reps. Stoddard, McAbee and Foxworth: A CONCURRENT RESOLUTION TO FIX 11:45 A.M. ON WEDNESDAY, MAY 14, 1986, AS THE TIME FOR ELECTING A MEMBER OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA TO FILL THE UNEXPIRED PORTION OF THE TERM ENDING JUNE 30, 1988, OF THE NONHEALTH-RELATED MEMBER FROM THE THIRD CONGRESSIONAL DISTRICT.

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

That the House of Representatives and the Senate meet in joint assembly in the hall of the House of Representatives at 11:45 a.m. on Wednesday, May 14, 1986, for the purpose of electing a member of the Board of Trustees of the Medical University of South Carolina to fill the unexpired portion of the term ending June 30, 1988, of the nonhealth-related member from the Third Congressional District.

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

H. 3107--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 13, 1986
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3107:

H. 3107 -- Rep. Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-615 SO AS TO MAKE IT UNLAWFUL TO CULTIVATE OR ATTEMPT TO CULTIVATE MARIJUANA ON THE LAND OF ANOTHER AND TO PROVIDE A PENALTY.
and asks for a Committee of Conference and has appointed Senators Martin, Pope and Macaulay of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 72

Whereupon, the Chair appointed Reps. J.W. JOHNSON, TUCKER and HUFF to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 3236--COMMITTEE OF CONFERENCE APPOINTED
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 13, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3236:

H. 3236 -- Rep. P. Harris: A BILL TO AMEND SECTION 43-38-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS BY THE OMBUDSMAN OF THE GOVERNOR'S OFFICE, SO AS TO AUTHORIZE A GENERAL HOSPITAL IN WHICH A CLIENT, PATIENT, OR RESIDENT OF A HEALTH FACILITY HAS BEEN TREATED DURING THE PERIOD UNDER INVESTIGATION TO RELEASE MEDICAL RECORDS TO THE OMBUDSMAN UPON HIS WRITTEN REQUEST.
and asks for a Committee of Conference and has appointed Senators Williams, Thomas E. Smith, Jr., and Applegate of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 71

Whereupon, the Chair appointed Reps. P. HARRIS, BEASLEY and EVATT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The following was introduced:

H. 3911 -- Rep. McBride: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING CONTRIBUTION OF THE BETHLEHEM COMMUNITY CENTER OF THE CITY OF COLUMBIA AND RICHLAND COUNTY TO THE IMPROVEMENT OF THE QUALITY OF LIFE IN ITS COMMUNITY AND WISHING FOR IT A SUCCESSFUL "B" DAY ON MAY 17, 1986.

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

H. 2818--SENATE AMENDMENTS AMENDED

Rep. WILKINS, with unanimous consent, moved to reconsider the vote whereby the House concurred in the Senate amendments to the following Bill which was agreed to.

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

Rep. WILKINS proposed the following Amendment No. 1A (Doc. No. 4432R), which was adopted.

Amend the bill, as and if amended, in Section 20-7-1750 of the 1976 Code, as contained in SECTION 2, page 21, lines 39 through 44, by striking /Notwithstanding the provisions of items (1), (2), or (4) of subsection (A) of Section 20-7-1705, any person obtaining a consent or relinquishment for the purpose of adoption must be certified by the Children's Bureau./ and inserting /With the exception of the persons provided for in items (1), (2), and (4) of subsection (A) of Section 20-7-1705, any person obtaining a consent or relinquishment for the purpose of adoption must be certified by the Children's Bureau./

Amend title to conform.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 3300--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

Rep. CARNELL proposed the following Amendment No. 1 (Doc. No. 4199R), which was adopted.

Amend the bill, as and if amended, item (a), Section 12-21-2590, as contained in SECTION 1, page 2, line 5, by striking /two/ and inserting /three/ so that when amended item (a) shall read:

/(a) Any person or organization operating a bingo game and such with prizes are in excess of four thousand dollars per a session shall obtain an annual Class A license at the cost of one three thousand dollars per a year. The holder of a Class A license shall not conduct more than one bingo session per a month./

Amend title to conform.

Rep. CARNELL explained the amendment.

The amendment was then adopted.

Rep. J. ROGERS proposed the following Amendment No. 2 (Doc. No. 0920R), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Sections 12-21-2590 and 12-21-2600 of the 1976 Code are respectively amended to read:

"Section 12-21-2590. It shall be is unlawful for any person or organization to conduct the game of bingo where prizes of cash or merchandise of value are awarded without first obtaining an annual license to conduct such the games. Such This license shall be is in addition to any other license required by law. No person or organization shall may be issued a license that does not meet the qualifications as set forth in Act 496 of 1980. No license shall may be issued unless such the person or organization is in compliance with all county or municipal ordinances in regard to bingo. Such The license shall must be obtained from the South Carolina Tax Commission in accordance with the following schedule:

(a) Any person or organization operating a bingo game and such with prizes are inexcess of four thousand dollars per a session shall obtain an annual Class A license at the cost of one two thousand dollars per a year. The holder of a Class A license shall not conduct more than one bingo session per a month.

(b) Any person or organization operating a game of bingo, whose prizes do not exceed four thousand dollars per a session, and no more than one thousand dollars per a session, may be offered in the form of a jackpot, and all regular game prizes shall do not exceed one hundred fifty dollars must shall obtain an annual Class B license from the South Carolina Tax Commission at the cost of five hundred one thousand dollars per year. The holder of a Class B license is restricted to a maximum of three sessions per a week.

(c) Any person or organization operating a game of bingo and who offers merchandise prizes or cash prizes of twenty dollars or less per a game, and no more than three hundred dollars per a session may be offered in the form of a jackpot, shall obtain a Class C license from the South Carolina Tax Commission at no cost.

(d) Any person or organization desirous of conducting the game of bingo at a recognized state or county fair which offers a prize of no more than fifty dollars in merchandise shall obtain a temporary Class D license from the South Carolina Tax Commission at a cost of one two hundred dollars for a period not in excess of ten days, or two four hundred dollars for a period in excess of ten days.

(e) Any organization which has a game of bingo and operates exclusively by bona fide members thereof, who are residents of this State and who do so on a strictly volunteer non-paid basis and whose gross bingo proceeds do not to exceed $5,500 per five thousand five hundred dollars a month, and where prizes do not exceed $4,000 per four thousand dollars a session and no more than $1,000 per one thousand dollars a session is offered in the form of a jackpot and all regular bingo prizes do not exceed $100 one hundred dollars, must shall obtain an annual Class E license from the South Carolina Tax Commission at the cost of $500 per one thousand dollars a year. The holder of a Class E license is restricted to a maximum of one session per a week. If such the gross bingo proceeds for any month do exceed $5,500 five thousand five hundred dollars, the person or organization shall within ten days be is required to obtain a Class B license from the South Carolina Tax Commission and thereafter must comply with all requirements of a Class B. license.

In addition to the qualifications listed in Act 496 of 1980, no license shall may be issued to any charitable, religious, or fraternal organization that has not been domiciled in South Carolina for at least three years. Any organization may apply for any of the types of licenses, but cannot hold more than one license at any one time. Once issued, _the organization must function under the regulations of that license for a period of not less than one year, except Class D licenses, from the date of issuance.
Section 12-21-2600. (a) The holder of a Class A license shall is be required to charge an admissions tax of three six dollars per a bingo player per a session.

(b) The holder of a Class B license shall be is required to charge an admissions tax of one dollar per two dollars a bingo player per a session.

The holder of Class A and Class B licenses shall issue to each bingo player a special ticket and such the tickets must be approved by the South Carolina Tax Commission. Such The tickets must clearly state the amount of admissions tax paid. The holder of Class D and Class E licenses shall be are subject to the admissions tax as imposed in Section 12-21-2420."

SECTION 2. Section 12-21-2620 of the 1976 Code is amended to read:

"Section 12-21-2620. Notwithstanding the provisions of subsection A of Section 5 of Part II of Act 644 of 1978, one-half of the annual revenue derived from the provisions of Sections 12-21-2590 and 12-21-2600 which are collected from bingo games within the State of South Carolina shall must be deposited with the State Treasurer to be credited Carolina shall be deposited with the State Treasurer to be and credited to the general fund of the state. One-half of the revenue must be deposited by the State Treasurer in a separate fund for the Department of Parks, Recreation and Tourism, which is hereby created, and entitled the Parks and Recreation Development Fund (Fund). Interest earned by this Fund must be added to the Fund and credited to the various accounts within the Fund in the same proportion that the annual allocation to each account in the Fund bears to the total annual distribution to the Fund. Unexpended amounts in the various Fund accounts must be carried forward to succeeding fiscal years except as provided in Section 51-23-20. Fund proceeds must be distributed as provided in Chapter 23 of Title 51 of the 1976 Code."

SECTION 3. Title 51 of the 1976 Code is amended by adding:

"Chapter 23
Grants for Parks and Recreation

Section 51-23-10. The proceeds of the Parks and Recreation Development Fund (Fund) established pursuant to Section 12-21-2620 must be allocated annually as follows: ten thousand dollars must be credited to the account of each county area. Seventy-five percent of the remainder of the Fund must be credited to the account of each county area on a per capita basis according to the most recent United States Census. The remainder of the Fund must be allocated to account of the Department of Parks, Recreation and Tourism. Amounts allocated to individual accounts in the Fund must be distributed as provided in Sections 51-23-20 and 51-23-30.

Section 51-23-20. The department shall devise and administer a program of grants to eligible entities within each county area for planning and development for new parks and recreation facilities or renovations of existing facilities. Grant funds may not be used to supplant existing funding for parks and recreation purposes nor may they be used to retire indebtedness incurred prior to July 1, 1987. Eligible entitles for purposes of this section are local government entities, including special purpose districts, applying for a grant which have provided parks or recreation services for at least twelve months prior to a grant award date. Grant awards must be made by the department according to criteria and guidelines it shall develop and furnish to potential grant applicants. All grants must be in the form of reimbursements and no grant may be awarded unless the grantee matches the grant in an amount equal to at least twenty percent of the grant. Funds allocated to the account of a particular county area in the Parks and Recreation Department Fund may be used only in grant awards in that county area. Unexpended grant funds in any account may be carried forward for not more than three succeeding fiscal years, after which such amounts must be reallocated on a statewide basis as a part of the distributions to the Fund for that year.

Section 51-23-30. Funds allocated to the account of the department pursuant to this chapter must be used by it for planning and development of new state parks and recreation facilities or for renovation of existing state parks and recreation facilities except that the department may expend an amount not to exceed five percent of its annual allotment for the expenses of administering this chapter."

SECTION 4. The amendments to Sections 12-21-2590 and 12-21-2600 of the 1976 Code contained in this act are effective July 1, 1986. No grant awards pursuant to Chapter 23 of Title 51 of the 1976 Code added by this act may be made before July 1, 1987.

SECTION 5. This act shall take effect upon approval by the Governor./

Amend title to conform.

Rep. J. ROGERS explained the amendment.

Rep. McEACHIN spoke against the amendment.

Rep. FOXWORTH moved to table the amendment which was agreed to by a division vote of 48 to 16.

Reps. KIRSH and McLELLAN proposed the following Amendment No. 3 (Doc. No. 4337R), which was tabled.

Amend the bill, as and if amended, in Section 12-21-2620 of the 1976 Code, as contained in SECTION 2, page 4, line 5, by striking /one-half of/ and by striking lines 13 through 41.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. J. ROGERS spoke against the amendment.

Rep. McLELLAN spoke in favor of the amendment.

Rep. BEASLEY spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 53 to 21.

Rep. AYDLETTE proposed the following Amendment No. 4 (Doc. No. 4425R), which was tabled.

Amend the bill, as and if amended, in SECTION 1 by striking /one thousand/ which begins on line 6 of page 3 and inserting /two hundred/.

Amend totals and title to conform.

Rep. AYDLETTE explained the amendment.

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

Reps. HUFF and TOAL proposed the following Amendment No. 5, which was adopted.

Amend as and if amended.

By adding a new section, to be appropriately numbered, which shall read as follows:

SECTION ___. The 1976 Code is amended by adding:

"Section 52-17-70. (A) Every person licensed to conduct the game of bingo in this State shall file with the Secretary of State a notarized monthly report which must include, but not be limited to, the following information:

(1) the total amount of monies received from conducting the game of bingo;

(2) the total amount of monies paid to winners of bingo games;

(3) the name of the management company with whom the licensee is contracting to operate the bingo games, /and a copy of the management contract/

(B) Any report filed under the provisions of this section is a public record.

(C) Any management company operating a bingo game is ineligible to be licensed for the operation of bingo games under the provisions of Act 496 of 1980;

(D) Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must have his license suspended for a period of two years."

Rep. HUFF explained the amendment.

The amendment was then adopted.

Rep. GENTRY proposed the following Amendment No. 6, which was adopted.

Amend as and if amended.

By striking on Page 4 line 17 and 18 $10,000.00 and adding $20,000.00.

Amend title to conform.

Rep. GENTRY explained the amendment.

The amendment was then adopted.

Rep. AYDLETTE proposed the following Amendment No. 7 (Doc. No. 4426R), which was tabled.

Amend the bill, as and if amended, in SECTION 1 by striking /$500 per one thousand/ which begins on line 6 of page 3 and inserting /five hundred/. This amendment does not apply to any organization where anyone receives a salary for operating the Bingo Game.

Amend totals and title to conform.

Rep. AYDLETTE explained the amendment.

Rep. J. ROGERS asked unanimous consent to amend the amendment at the desk.

Rep. TOAL objected.

Rep. AYDLETTE continued speaking.

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

Rep. SIMPSON spoke against the Bill.

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

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

Yeas 79: Nays 11

Those who voted in the affirmative are:

Alexander              Anderson, J.           Anderson, S.
Arthur, J.             Arthur, W.             Bailey, G.
Bailey, K.             Barfield               Beasley
Blanding               Boan                   Bradley, P.
Brown, H.              Brown, J.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Cooper
Cork                   Day                    Derrick
Elliott                Evatt                  Faber
Fair                   Felder                 Gentry
Gilbert                Gregory                Harris, J.
Hawkins                Hayes                  Hearn
Hendricks, B.          Hendricks, L.          Huff
Johnson, J.C.          Johnson, J.W.          Jones
Koon                   Lake                   Limehouse
Lockemy                Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McEachin               McKay                  McLeod
Moss                   Neilson                Nettles
Ogburn                 Pearce                 Petty
Phillips, L.           Rice                   Rigdon
Rogers, J.             Rogers, T.             Russell
Sharpe                 Sheheen                Shelton
Snow                   Stoddard               Taylor
Toal                   Tucker                 Waldrop
Washington             White                  Wilkins
Williams

Total--79

Those who voted in the negative are:

Aydlette               Blackwell              Davenport
Foster                 Foxworth               Harvin
Kay                    Kirsh                  McLellan
Simpson                Winstead

Total--11

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

OBJECTION TO MOTION

Rep. J. ROGERS asked unanimous consent that H. 3300 be read a third time tomorrow.

Reps. KIRSH and SIMPSON objected.

Rep. CARNELL moved that the House do now adjourn which was adopted.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 13, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2002:

H. 2002 -- Rep. White: A BILL TO PROVIDE FOR REGISTRATION OF ELECTORS BY MAIL.
and asks for a Committee of Conference and has appointed Senators Holland, Fielding and Wilson of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 70

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 8, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Bryan, Giese and Applegate of the Committee of Free Conference on the part of the Senate on H. 2814:

H. 2814 -- Reps. Winstead and S. Anderson: A BILL TO AMEND SECTION 44-55-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FURNISHING OF CERTAIN HEALTH DEPARTMENT PERMITS TO SELLERS OF MOBILE HOMES SO AS TO REVISE THE PROVISIONS OF THIS SECTION.
Very respectfully,
President

No. 64

Received as information.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3898 -- Rep. S. Anderson: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR THE "JUST SAY NO" DRUG PREVENTION DAY PROGRAM TO BE HELD IN SPARTANBURG COUNTY ON SATURDAY, MAY 24, 1986, AND TO DECLARE SATURDAY, MAY 24, 1986, AS "JUST SAY NO DAY" IN THE CITY AND COUNTY OF SPARTANBURG.

H. 3900 -- Reps. Klapman, Koon, Sharpe, Derrick and Sturkie: A CONCURRENT RESOLUTION TO COMMEND ALBERTA ROWE OF LEXINGTON COUNTY FOR HER DEVOTED AND UNSELFISH SERVICE ON THE LEXINGTON COUNTY MENTAL HEALTH BOARD OF DIRECTORS.

H. 3901 -- Rep. Marchant: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MONTY DuPUY, OF GREENVILLE COUNTY, ON THE OCCASION OF HIS FORTIETH ANNIVERSARY IN BROADCASTING.

H. 3902 -- Reps. Blanding and Schwartz: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. CATHERINE BRUNSON KINGWOOD OF SUMTER COUNTY UPON HER DEATH.

H. 3903 -- Reps. Evatt, Beasley and Wilkins: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 5, 1986, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.

H. 3906 -- Reps. Beasley, Cleveland, T.M. Burriss, Cork, Faber, McLellan, Evatt, Blanding, Lloyd Hendricks, Kirsh, Cooper, J. Brown, Hearn, Hayes, Foster, L. Martin, B.L. Hendricks, Derrick, Wilkins and Freeman: A CONCURRENT RESOLUTION TO CONGRATULATE CLEMSON BASEBALL COACH BILL WILHELM ON HIS EIGHT HUNDREDTH VICTORY AND TO RECOGNIZE HIM FOR HIS EXTRAORDINARY CONTRIBUTION TO CLEMSON UNIVERSITY AND ITS ATHLETIC PROGRAM AND TO EXPRESS THE APPRECIATION OF ALL CLEMSON FANS AND SUPPORTERS FOR HIS DEDICATION TO CLEMSON UNIVERSITY.

H. 3910 -- Reps. Stoddard, McAbee and Foxworth: A CONCURRENT RESOLUTION TO FIX 11:45 A.M. ON WEDNESDAY, MAY 14, 1986, AS THE TIME FOR ELECTING A MEMBER OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA TO FILL THE UNEXPIRED PORTION OF THE TERM ENDING JUNE 30, 1988, OF THE NONHEALTH-RELATED MEMBER FROM THE THIRD CONGRESSIONAL DISTRICT.

ADJOURNMENT

At 4:25 P.M. the House in accordance with the motion of Rep. CARNELL adjourned to meet at 10:00 A.M. tomorrow.

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