Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Heavenly Father, for this new day, for its beauty and promise, for work to do and the strength with which to do it. Grant us the serenity to accept things which cannot be changed and the perseverance to change the things that ought to be changed. Give us a hope that never turns to despair, a loyalty that never diminishes, a steadfastness that can resist all temptation, a dedication that cannot be compromised. Fortify our wills with Your strength, and fill our minds with the teachings of Your Holy Word.
Hear us, O Lord, in this our morning prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by Rep. COOPER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.
The following was received.
To the Honorable Richard W. Riley, Governor of South Carolina, and Members of the General Assembly of South Carolina:
The South Carolina Legislative-Governor's Committee on Mental Health and Mental Retardation is pleased to offer the 1986 Annual Report for your consideration.
This has been a very active year for the MH/MR Committee. Two new Senate members were appointed by Lt. Governor Michael Daniel. Senators James E. Bryan, Jr., Laurens, and John C. Hayes, III, Rock Hill, join Senators Thomas E. Smith, Jr., Pamplico, and Elizabeth J. Patterson, Spartanburg, completing the Senate membership on the Committee. Speaker of the House, the Honorable Ramon Schwartz, Jr. appointed Representative Jean Harris as a new House member for the Committee. Representative Robert L. Helmly and I continue as House members of the Committee. With the resignation of Representative Robert Woods, the Committee has one House vacancy. Two new gubernatorial appointees also grace the Committee. Ms. Nancy Banov, Charleston and Ms. Naomi Dreher, Columbia, join Mr. Steve Glass, Florence, and Mr. Jack Barnes, Anderson, as appointees by the Governor.
The Committee has three subcommittees on commitment law revision: the first is for adult commitment laws, the second is for revision of the alcohol and drug abuse commitment laws and the third is for children commitment laws. Their hard work has resulted in legislation designed to better serve the mentally ill in South Carolina. The Committee has also been involved in several special projects throughout the year.
The Committee wishes to recognize the following individuals and organizations for their cooperation and hard work: the South Carolina Alcohol and Drug Abuse Commission, the South Carolina Probate Judges Association, the South Carolina Department of Mental Health, the South Carolina Department of Mental Retardation, the South Carolina Mental Health Association -- especially Mr. Don Weyl, the South Carolina Alliance for the Mentally Ill and all the many other people who have shared their time with us for the sake of mentally ill and mentally retarded people.
We are especially pleased with the appointment of the new Commissioner at the Department of Mental Health, Dr. Joseph Bevilacqua. His efforts toward improving the Department of Mental Health are greatly appreciated.
Respectfully submitted,
Rep. Patrick B. Harris, Chairman
Sen. John C. Hayes, III
Sen. Elizabeth J. Patterson
Sen. Thomas E. Smith, Jr.
Sen. James E. Bryan, Jr.
Rep. Robert L. Helmly
Rep. Jean L. Harris
Mr. Jack W. Barnes
Mr. Steven M. Glass
Mrs. Naomi H. Dreher
Mrs. Nancy L. Banov
The Committee was created in 1957 by Concurrent Resolution H. 1895 and was called the Committee to study Public and Private Facilities for Mental Health and Mental Laws of South Carolina. Senate Resolution S.648 of 1958 and Senate Resolution S.76 of 1959 continued the Committee's existence for two years until Act 888 in 1960 created a permanent study committee. The Committee's name was changed to Legislative-Governor's Committee on Mental Health and Mental Retardation by Act 617 of 1967. Act 38 of 1973 increased the size of the Committee from nine to twelve members and expanded the Committee's scope to include the study of "mental retardation and mental retardation institutions."
The Committee continues to operate pursuant to Act 38 of 1973 (Sections 2-39-10 and 2-39-20 of 1976 Code of Laws of South Carolina). This Act provides for a twelve-member committee: Four Senate members appointed by the President of the Senate, four House members appointed by the Speaker of the House, and four Governor appointees.
Description Sponsors Status
SEMANTICS
H.3147 P. Harris, J. Harris Passed
S.760 Helmly, Sharpe House. Ref.
Changes judicial hospital- Patterson, Senate Med.
ization to nonemergency T. Smith, Bryan Affairs.
hospitalization. Hayes
MOVEMENT OF PATIENTS
H.3148
S.758 P. Harris, J. Harris Passed
Gives head of treatment Helmly, Sharpe House. Ref.
facility authority to move Patterson Senate Med.
patients to a less re- T. Smith, Bryan Affairs.
strictive setting w/out Hayes
court approval. Court
approval is needed if
moved to more restrictive
setting to protect "due
process" rights.
PATIENT VIOLATION OF
OUTPATIENT TREATMENT
H.3149
S.759 P. Harris, J. Harris House:
Provides that patients who Helmly, Sharpe Contested
leave a facility without Patterson Calendar.
permission should be called T. Smith, Bryan Senate:
back by head of facility Hayes Medical
Patients who violate Affairs.
conditions of release should
be sent back to the facility
by the court. This protects
"due process" rights.
EXTENDING COURT
AUTHORITY IN COMMITMENTS
H.3150 P. Harris, J. Harris Passed
S.757 Helmly, Sharpe House. Ref.
Extends court's authority Patterson to Senate
so it may commit to either T. Smith, Bryan Medical
inpatient or outpatient Hayes Affairs.
treatment.
SEMANTICS/
LEAVE OF ABSENCE
H.5151 P. Harris, J. Harris Passed
S.756 Helmly, Sharpe House. Ref.
"Trial visit" would be amended Patterson to Senate
to read "temporary leave of T. Smith, Bryan Medical
absence." The head of Hayes Affairs.
treatment facility may allow
leave of absence.
SEMANTICS
H.3152 P. Harris, J. Harris Passed
S.755 Helmly, Sharpe House. Ref.
Amends all references to Patterson Senate
judicial hospitalization to T. Smith, Bryan Medical
nonemergency hospitalization. Hayes Affairs.
TREATMENT CERTIFICATION/
COUNSEL/SEMANTICS
H.3153 P. Harris, J. Harris Passed
S.754 Helmly, Sharpe House.
Changes number of Patterson Ref.
physicians required to T. Smith, Bryan to Senate
certify treatment from two Hayes Medical
to one. Requires court to Affairs.
appoint counsel if it has
not been retained. Changes
judicial to nonemergency.
INVOLUNTARY COMMITMENT TIME
H.3154 P. Harris, J. Harris Passed
S.753 Helmly, Sharpe House. Ref.
Changes number of days a person Patterson to Senate.
may be involuntarily committed T. Smith, Bryan Medical
for treatment of alcohol and Hayes Affairs.
drug abuse from five to twenty
days.
EXAMINATIONS/SEMANTICS
H.3155
S.752
Changes number of physicians P. Harris, J. Harris Passed
required to examine a person Helmly, Sharpe House. Ref.
and certify alcohol or drug Patterson Senate
addiction before involuntary T. Smith, Bryan Medical
admission from two to one. Hayes Affairs.
Changes judicial to
nonemergency.
VOLUNTARY ADMITTANCE AGE
H.3156
S.751 P. Harris, J. Harris Passed
Changes age of voluntary Helmly, Sharpe House. Ref.
admittance to a treatment Patterson to Senate
facility from 18 to 16. T. Smith, Bryan Medical
Hayes Affairs.
CHRONICITY ADDITION
H.3225
S.788
Adds to definition of Sharpe, Helmly Passed
chronicity a need for P. Harris, J. Harris House. Ref.
involuntary commitment Patterson to Senate
for alcoholism or drug T. Smith, Bryan Medical
addition. Hayes Affairs.
DMH AUTHORITY
H.3227
S.781
Requires that DMH shall Sharpe, Helmly Passed
"provide care and treatment P. Harris, J. Harris House. Ref.
for involuntary admissions Patterson to Senate
of alcohol and drug abuse T. Smith, Bryan Medical
patients." Hayes Affairs.
TERMINATE HOSPITALIZATION
H.3228
S.783
Provides for patient dismissal Sharpe, Helmly Passed
from hospital by facility P. Harris, J. Harris House. Ref.
clinical review. Patient and Patterson to Senate
one other person must be T. Smith, Bryan Medical
notified of right for re- Hayes Affairs.
examination. Notice must be
given in writing upon admittance
and every six months afterwards.
OUTPATIENT STIPULATIONS
H.3229
S.784
Lengthens outpatient treatment Sharpe, Helmly Passed
for alcohol and drug abusers P. Harris, J. Harris House. Ref.
from 12 months to 18-24 months. Patterson to Senate
Gives authority to make out- T. Smith, Bryan Medical
patient treatment a condition Hayes Affairs.
of release. Violation of a
condition may result in a
further 60 days of inpatient
care. Total treatment time may
last 2 years, 5 months.
Courts would be given the
authority to return violators
back for inpatient treatment.
In violations within the first
20 days, the patient would be
sent back without a hearing.
JUDICIAL PROCEEDINGS/CHRONICITY
H.3232
S.788
Would allow the court up to P. Harris, J. Harris Passed
20 days to process petition Helmly, Sharpe House. Ref.
by the facility to change a Patterson to Senate
voluntary patient's status T. Smith, Bryan Medical
to that of involuntary so as Hayes Affairs.
to prevent release. If 20
days elapse or the court
finds against the facility,
the patient must be immediately
discharged.
Establishes the elements of
chronicity to include numerous
court appearances, incidences
with law enforcement, multiple
prior treatment episodes and
community testimony.
*************************************************************
TIME FRAME/EXAMINATIONS
HEARINGS Rogers, P. Harris Passed
H.2762 House.
Requires the court to appoint Reported
two treatment facility or two out of
independent designated examiners Senate
to examine patients within Judiciary.
seven days (excluding legal
holidays or Saturdays and
Sundays) of admission, the
examiners must report their
findings to the court. If
the patient is found not to
be mentally ill, the court
petition must be dropped and
the patient discharged. If
found mentally ill, then the
courts would act under the
current twenty day time frame
for review.
CONTINUUM OF CARE
H.3568
Establishes the Continuum of Ways & Means Passed
Care for Emotionally Disturbed House. Ref.
Children whose purpose is to Senate
"develop and enhance the delivery Medical
of services to severely emotionally Affairs.
disturbed children and youth and
to ensure that the special needs
of this population are met."
Provides for a 10 member governing
board to be known as the Policy
Council. Members would be appointed
by various agencies with concerns
in this area.
Provides for an Advisory
Council consisting of 10
Governor appointees to aide
the Policy Council.
Requires Department of Mental Health
to offer administrative support.
Requires that an annual report from
the Council be delivered to the
Governor.
Defines the duties and function of
Continuum of Care.
*************************************************************
COMMUNITY SCREENING
H.3686
S.1196
Provides requirements for P. Harris, J. Harris Ref. House
admittance to a private Helmly, Bryan Judiciary.
or state mental health Hayes, Patterson Ref. Senate
facility. T. Smith Medical
Provides that, prior to Affairs.
emergency admittance, the
person shall be evaluated
either in the patient's
county of residence or
presence to determine patient's
needs. Examinations would be
conducted by DMH-appointed
clinicians or clinical staff
of the facility to whom the
patient would be sent if
evaluation is not made in
community.
Gives clinicians five options
as to patient disposition.
Provides for judicial review.
Requires Department of Mental
Health to implement three year
plan to develop community
resources and programs for
disposition of patients. Calls
for a three-year phase in of
screening.
DIRECT RECOGNITION
OF PSYCHOLOGIST
H.2055
S.111
Would permit reimbursement Blackwell, Evatt House:
by Insurance Company of Blanding, Day Tabled in
licensed psychologist for T. Smith, Ravenel Lab. Comm.
mental health services. Fielding, Newman Sen: Failed
Geise, Patterson in Sen.
Martin, Wilson Med. Affs.
DRUG PROCEEDS
H.2155
Provides that proceeds from Gulledge, Tucker Passed
the sell of items used in Faber, Klapman House.
local drug trafficking be Chamblee, Davenport Ref. Sen.
remitted to local law Foxworth, J. Harris Med. Affs.
enforcement instead of
local governing bodies
for drug rehabilitation.
CONFIDENTIALITY BILL
H.2318
Provides that confidential Hawkins Ref.
communications made to House
health care professionals Judiciary.
are privileged. Lists
circumstances in which
information can be
released.
DRUG PROCEEDS
S.313
Reduces by 50% the drug fines Long Ref. to
remitted to mental health Sen.
and provides those funds to Finance.
law enforcement.
PATIENT INFORMATION
S.543
Provides that medical information J.V. Smith Ref. to
concerning the physical or Senate
mental condition of a patient is Judiciary.
privileged. Provides that pro-
fessionals are not liable for
authorized releases.
TAX CREDIT
H.3218
S.778
Would allow a tax credit for P. Harris, Waldrop House:
expenses of institutional Blackwell, Doar Ref. to
intermediate or licensed Lourie, McLeod W&M's Comm.
boarding home care of a Senate:
person whose expenses are Ref. to
not paid from public source Finance.
funds.
TAX CREDIT
H.3219
S.779
Would allow a tax credit for P. Harris, Waldrop House:
person paying the support of a Blackwell, Doar Ref. to
noninstitutionalized elderly Lourie, McLeod W&M's Comm.
person who is mentally ill or Sen: Ref.
physically incapable of self-care. to Finance.
TAX CREDIT
H.3221
Would allow a state tax credit P. Harris Ref. to
of 25% of the federal tax credit Blackwell W&M's.
for the elderly and disabled. Waldrop
V. MH/MR COMMITTEE, DMH, DMR BUDGETS
The Committee is allocated $53,965 annually and is currently authorized for three positions.
The Department of Mental Health and the Department of Mental Retardation are allocated the 5th and 11th largest budgets respectively. Together, these agencies receive 7.8% percent of the General Fund. The MH/MR Committee has been closely following the budget process as it effects these two agencies.
The MH/MR committee has been given additional responsibilities through provisos to the Appropriations Bill:
Provided further, that the Department of Mental Health shall investigate the potential for all program savings that can be initiated in FY 1987 and subsequent years and shall submit an analysis of both options for saving and implementation progress on savings to the Joint Legislative Committee for Mental Health and Mental Retardation with copies to House Ways and Means Committee on a quarterly basis. These plans shall include, but not be limited to savings in the following areas: (1) Medicaid Revenue enhancement, (2) energy conservation, (3) patient fees, (4) revision to current commitment laws, (5) medical/surgical services, (6) development of funds allocation formula to provide financial incentives to treat patients in the community rather than in institutions, and (7) maximum use of research and training resources. Any saving over $3 million as assumed in this Act shall be transferred to community Mental Healths based programs for institutional avoidance.
Provided further, that the Department of Mental Health shall develop a plan for allocating funds to the individual Community Mental Health Centers to include, but not limited to the following: (1) financial incentives for institutional avoidance, (2) local treatment of serious psychiatric disorders where appropriate and (3) Department shall report its progress to the Legislative-Governor's Committee on Mental Health and Mental Retardation, with copies to Budget and Control Board no later than October 1, 1986 for implementation on July 1, 1987.
Mandatory Community Based Screening of Emergency Psychiatric Admissions Pilot Project
The MH/MR Committee submitted a proviso to the 1984-85 Appropriations Bill to establish a one year pilot project to test community based screening of emergency psychiatric admissions. The pilot project is located in the following counties: Lancaster, York, Chester, Beaufort, Hampton, Colleton, Jasper and Allendale.
A Steering Committee was appointed to include concerned organizations and individuals in making recommendations for legislation. Data from the pilot project indicates that screening of emergency psychiatric admissions is beneficial not only to the Department of Mental Health, but to the clients served by the Department of Mental Health.
Screening in the community provides for the best possible placement of the client. Legislation resulting from the pilot project provides for development of community resources to avoid unnecessary hospitalization.
Team Advocacy System
The MH/MR Committee and the South Carolina Protection and Advocacy System co-sponsored a training session by the New York State Commission on Quality of Care. Committee members, members of the South Carolina Alliance for the Mentally Ill, members of the South Carolina Mental Health Association, and South Carolina Protection and Advocacy staff were trained to review basic living conditions for institutionalized patients. The New York "team advocacy system" was adapted to South Carolina institutions.
Two team advocacy visits have been made at the Department of Mental Health. The response by the Department of Mental Health has been very positive. The goal of team advocacy is to work with the agency to improve living condition of institutionalized patients.
The Committee would like to see the team advocacy system expand to include all agencies serving clients in institutions. Eventually team advocacy should include citizens from across the state as participants.
The Harris Hospital dedication ceremony was held June 28, 1986. Governor Riley, Lt. Governor Daniel, U.S. Senator Strom Thurmond, U.S. Congressman Butler Derrick and U.S. Senator Fritz Hollings were among the elected officials and guests present at the hospital dedication and testimonial dinner for Rep. Pat Harris.
"This hospital, as fine a facility as it is, stands for more than the totality of its buildings and dedicated personnel," said Thurmond. "It is the embodiment of a great idea, one kept alive by people like Pat Harris and all who aspire to make our state a better place in which to live."
Fifty-five beds are currently open at Harris Hospital. One 44-bed pavilion for males, ages 18-64, and ten beds of a 44-bed pavilion for females are open. The 30 bed child/adolescent pavilion is scheduled to open in July. Another 44-bed male pavilion is scheduled to open in August and the last pavilion, the 44-bed geriatric unit is scheduled to open in September.
The Governor's Office gave the MH/MR Committee responsibility for implementation of recommendations made by a task force studying multiple problem admissions to the Department of Mental Health. Many of the recommendations deal with mentally ill elderly persons and multi-handicap persons admitted to DMH facilities. Work on this report will begin this summer.
The Committee will be completing work on a individual chapter of code law to work with mentally ill/emotionally disturbed children. This legislation will be ready for the 1987 session of the General Assembly.
The Committee is also working on consolidation of patient rights legislation for mentally ill, mentally retarded and alcohol and drug abuse clients.
Sponsorship of the team advocacy system will continue. The Committee believes the concept of living conditions reviews helps the state better serve institutionalized clients.
Committee members and staff visit facilities and community programs/homes of both the Department of Mental Health and the Department of Mental Retardation. Some of the visits are arranged tours and others are unannounced visits. These visits result in first hand knowledge of how DMH and DMR operate their programs. The Committee has also been very active in handling constituent problems of General Assembly members relating to mental health and mental retardation. There have also been numerous speaking engagements by members and staff across the state dealing with these problems.
The Committee receives several publications beneficial to both staff and members. Hospital and Community Psychiatry, State Health Reports - Mental Health. Alcoholism and Drug Abuse, Community Health Journal, New Directions, Legislative News and Views, Mental Health Reports, Bell Ringer, The Catalyst, The S.C. P&A Advocate, American Journal of Mental Deficiency, and Capitol Capsule are available upon request.
On motion of Rep. P. HARRIS, the Report was ordered printed in the Journal.
Received as information.
The following was received.
May 27, 1986
Mr. Frank B. Caggiano, Clerk
S.C. Senate, Box 142
Columbia, SC 29202
Mrs. Lois T. Shealy, Clerk
S.C. House of Representatives
Box 11867
Columbia, SC 29211
Dear Mr. Caggiano and Mrs. Shealy:
Concurrent Resolution S. 1222 - Signs Relating to Technical Education Centers
The above referenced resolution adopted by the Senate in April and the House in May requested the Department to honor written requests from any public funded technical education college in the State for the erection of directional signs designating the most appropriate routes from interstate and other United States highways to the technical education college concerned or add appropriate information to existing signs.
During the past few years, the Department has given considerable study to signing for technical colleges and has erected a considerable number of signs. We have reviewed the resolution in detail and find problems which make impractical the implementation of the provisions in its entirety. Of particular concern is the signing specified in relation to interstate highways (and freeways in general).
Highway agencies have long identified the problems of "over signing" as an impediment to vehicle drivers. When too many signs are installed, it is difficult for drivers to respond intelligently and speedily. Because of sign spacing requirements on interstate and other freeway routes, there often is little space left in advance of an interchange after the normal complement of signs has been installed.
The Specific Motorist Information Signing program ("Logo Signing") has been completed on Route I-95 and I-20 and is almost completed on I-26 and I-385. It will be continued to cover Routes I-85 and I-77 as soon as the plans can be completed. This program has been sanctioned by the Legislature and is designed to inform motorists concerning specific "Gas", "Lodging", "Food" and "Camping" facilities. This program has been of great interest to commercial establishments and the tourist industry interests. Because of the several signs (up to four) required in advance of each interchange, the remaining available space for additional signs is critically limited.
In 1973, another concurrent resolution asked the Department to sign for accredited four year institutions of higher learning with an enrollment of five hundred or more. To comply with that request, it was necessary for the Department to receive concurrence from the Federal Highway Administration and this necessitated preparing and adopting a policy to cover not only institutions of higher learning but also all other types of activities for which supplemental signs might be installed on interstate and other controlled access highways in South Carolina. After consulting with other states, such a policy was developed. It was adopted by the Highway Commission and then approved by the Federal Highway Administration. The Department then proceeded to erect college and university signs for those institutions which met the criteria specified in the concurrent resolution and which were located within the prescribed distance from the interchange on the interstate route at which the signs were to be erected, as indicated by the Department's regulations. Appropriate signs were subsequently erected and these too consume additional space along the interstate routes.
In addition to these two programs requiring numerous supplemental signs, the Department frequently receives requests for installing signs for various points of interest. These have to be considered on an individual basis and in keeping with the above mentioned policy. All such supplemental signs are in addition to signs mandated at each interchange; those required to provide motorists with the route number and names of the towns located in each direction along the intersected road. It is just not possible to continually add additional signs even though when considered alone, they might have merit.
Under our existing policy, the Department generally conforms at the present time to the requirements of the resolution that pertains to "United States highways" (we also have signs on S.C. Numbered Routes and on a few secondary roads) but the resolution requirement for signs on "Interstate highways" and other freeways is one that is not reasonably manageable.
In consideration of these facts, the Department requests recision of Concurrent Resolution S. 1222 or at least those portions dealing with "Interstate" highways in that it is not practical or in the best public interest to require erection of additional signs on interstates and other controlled access highways. The Department is agreeable to erecting signs on U.S. and S.C. numbered highways as is now being done to provide guidance to technical education colleges.
Sincerely,
Walker P. Ragin
Executive Director
Received as information.
The following was received.
Columbia, S. C., May 25, 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 H. 2792:
H. 2792 -- Reps. Sheheen, J. Anderson, Gentry, P. Harris, Waldrop and Blackwell: A BILL TO PROVIDE FOR THE SOUTH CAROLINA PROBATE CODE WHICH CONSOLIDATES AND REVISES ASPECTS OF LAW IN THIS STATE RELATING TO THE GENERAL PROBATE DEFINITIONS, PROVISIONS, AND JURISDICTION, INTESTATE SUCCESSION AND WILLS EXCLUSIVE OF ELECTIVE SHARE PROVISIONS, PROBATE OF WILLS AND ADMINISTRATION OF DECEDENT'S ESTATES, LOCAL AND FOREIGN PERSONAL REPRESENTATIVES, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY, NON-PROBATE TRANSFERS, AND TRUSTS AND TRUST ADMINISTRATION; AND TO AMEND SECTIONS 12-15-270, 15-9-450, 15-51-30, 20-7-1770, 20-7-1820, AND 44-23-10 OF THE 1976 CODE AND ACT 690 OF 1976 IN ORDER TO REVISE THEM AND CONFORM THEM TO THE PROVISIONS OF THE SOUTH CAROLINA PROBATE CODE, TO REPEAL TITLE 21, EXCEPT THE FOLLOWING SECTIONS WHICH SHALL BE REDESIGNATED AS SHOWN IN PARENTHESES, 21-1-20 (27-19-120), 21-1-30 (27-5-120), 21-11-120 (12-7-2600), 21-11-130 (12-7-2610), 21-15-40 (12-15-1620), 21-15-410 (12-15-1360), 21-15-420 (12-15-1370), 21-15-1760 (12-15-1630), 21-15-1770 (12-15-1640), 21-15-1780 (12-15-1650), AND 21-21-10 (20-7-100); AND TO REPEAL THE FOLLOWING PROVISIONS OF THE 1976 CODE, 14-23-350, 15-3-70, 15-71-10, 15-71-20, 15-71-30, 15-71-110, 15-71-120, 15-71-130, 15-71-140, 15-71-150, 15-71-160, 15-71-170, 15-71-180, 15-71-190, 15-71-310, 15-71-320, 15-71-330, 18-5-10, 18-5-20, 18-5-30, 18-5-40, 18-5-50, 18-5-60, 18-5-70, 18-5-80, 27-23-100, 32-13-10, 34-11-10, 34-25-80, 44-23-710, 44-23-720, 44-23-730, 44-23-740, 44-23-750, 44-23-760, 44-23-770, 44-23-780, 44-23-790, 44-23-800, 44-23-810, 44-23-820.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
No. 60
Received as information.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1338 -- Senators Elizabeth Patterson, Setzler, Moore, Theodore, Peeler and Mitchell: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES CONGRESS TO INVESTIGATE THE DEPARTURE OF MR. WALTER C. LENAHAN FROM THE PRESENT ADMINISTRATION WHERE HE SERVED AS DEPUTY ASSISTANT SECRETARY FOR TEXTILES AND APPAREL IN THE OFFICE OF TRADE DEVELOPMENT OF THE UNITED STATES DEPARTMENT OF COMMERCE AND THE SUBSEQUENT EMPLOYMENT OF MR. LENAHAN TO REPRESENT THE TEXTILE INDUSTRY INTERESTS OF JAPAN.
Ordered for consideration tomorrow.
On motion of Rep. BARFIELD, with unanimous consent, the following was taken up for immediate consideration:
H. 3969 -- Rep. Barfield: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE AND HOUSE CHAMBERS OCTOBER 29 THROUGH NOVEMBER 2, 1986, FOR ITS ANNUAL MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina State Student Legislature is authorized to use the chambers of the Senate and House of Representatives October 29 through November 2, 1986, for its annual meeting. If either house is in statewide session the chambers of that house may not be used.
Be it further resolved that the State House security forces shall provide assistance and access as considered necessary for this meeting in accordance with previous procedures.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Anderson, S. Arthur, J. Arthur, W. Aydlette Barfield Beasley Blackwell Boan Bradley, J. Brown, H. Brown, J. Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Faber Ferguson Foster Foxworth Freeman Gordon Harris, J. Harris, P. Hawkins Hayes Helmly Hendricks, B. Holt Huff Johnson, J.W. Kay Keyserling Kirsh Klapman Kohn Lake Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McLellan McTeer Moss Neilson Pearce Petty Rhoad Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Taylor Toal Townsend Tucker Washington White Williams Winstead
I came in after the roll call and was present for the Session on May 29, 1986.
Olin R. Phillips James C. Johnson Philip T. Bradley Mike Fair Parker Evatt Lewis Phillips Gene Stoddard Joe Anderson, Jr. Ben E. Thrailkill, Jr. A. Victor Rawl Marion P. Carnell David Wilkins Derial Ogburn L. Edward Bennett Joyce C. Hearn R. Linwood Altman Frank Gilbert Malloy McEachin Woody McKay John W. McLeod E. LeRoy Nettles Mickey Burriss Grady Brown Jack Gregory George H. Bailey William H. Jones Dave C. Waldrop John H. Burriss Robert B. Brown Larry Blanding T.M. Burriss Lenoir Sturkie Charles Griffin III John Felder Rick Rigdon Tom G. Woodruff, Jr. Dick Elliott Larry Gentry Paul Short
STATEMENT OF ATTENDANCE
Rep. LIMEHOUSE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 28, 1986.
The SPEAKER Pro Tempore granted Rep. MARCHANT a leave of absence for the day.
Announcement was made that Dr. Daniel W. Brake of Charleston is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3950 -- Rep. Harvin: A BILL TO PROVIDE FOR THE NONPARTISAN ELECTION AND THE APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 IN CLARENDON COUNTY; TO INCREASE THE NUMBER OF THE BOARD MEMBERS FROM SEVEN TO TEN IN 1986; TO DECREASE THE NUMBER TO NINE IN 1987 AND AFTER THAT YEAR; TO PROVIDE FOR THE TIME AND MANNER OF THE ELECTIONS AND APPOINTMENTS; TO PROVIDE FOR FILLING OF VACANCIES; AND TO REPEAL ACT 232 OF 1983 RELATING TO THE APPOINTMENT OF TRUSTEES FOR THE SCHOOL DISTRICT.
H. 3952 -- Reps. Felder, Mitchell, Bennett and K. Bailey: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 123 OF 1985, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE THAT ORANGEBURG COUNTY SHALL HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE ORANGEBURG COUNTY GOVERNING BODY.
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.
H. 3321 -- Reps. Hayes, Hearn, Evatt, Rawl and Fair: A BILL TO AMEND SECTION 56-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OR REVOCATION OF A RESIDENT OR NONRESIDENT DRIVER'S PRIVILEGES UPON CONVICTION IN ANOTHER STATE FOR AN OFFENSE WHICH WOULD RESULT IN SUCH ACTION IF THE OFFENSE WERE COMMITTED IN THIS STATE, SO AS TO PROVIDE THAT SUCH SUSPENSIONS OR REVOCATIONS ARE MANDATORY INSTEAD OF DISCRETIONARY WITH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
H. 3706 -- Reps. Keyserling, Sheheen, Huff and Freeman: A BILL TO ADOPT THE FEDERAL LOW-LEVEL RADIOACTIVE WASTE POLICY AMENDMENTS ACT OF 1985 IN ORDER TO EFFECTUATE THE STATE'S RESPONSIBILITY FOR MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
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.
H. 2960 -- Reps. Rhoad, Koon, Gilbert, R. Brown, Townsend, Chamblee, Cork, Toal, Waldrop, McLeod, Tucker, Williams, Taylor, Altman, Harvin, McBride, Woods, Rice, Felder, Nettles, McAbee, Stoddard and O. Phillips: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX MACHINES USED BY FARMERS FOR GRINDING GRAIN FOR HOG PRODUCTION.
H. 3183 -- Reps. Hayes and Foster: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT SALES OF KEROSENE IN QUANTITIES OF TWENTY GALLONS OR LESS ARE CONSIDERED USED FOR RESIDENTIAL HEATING PURPOSES AND TO MAKE OTHER TECHNICAL CHANGES, AND TO REPEAL SECTION 4, PART II, OF ACT 199 OF 1979 (THE GENERAL APPROPRIATIONS ACT), RELATING TO RESIDENTIAL HEATING FUEL SALES TAX EXEMPTION.
H. 3344 -- Reps. Williams and Day: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-665 SO AS TO ESTABLISH AN ANNUAL REGISTRATION AND LICENSE FEE OF TEN DOLLARS FOR PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER FOR ONE PERSONAL TRUCK UNDER EIGHT THOUSAND POUNDS GROSS WEIGHT AND AN EMPTY WEIGHT OF FIVE THOUSAND POUNDS OR LESS.
H. 3412 -- Reps. Mangum, Kirsh, McTeer and Elliott: A BILL TO AMEND SECTION 12-3-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR OBTAINING PROPERTY TAX EXEMPTION, SO AS TO PROVIDE FOR A FILING PERIOD FROM JANUARY FIRST TO APRIL FIFTEENTH FOR PROPERTY OWNED ON DECEMBER THIRTY-FIRST OF THE PREVIOUS YEAR AND TO CLARIFY FILING PROCEDURES FOR VARIOUS EXEMPT ENTITIES.
H. 3926 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO CONSTRUCTION AND OPERATION OF LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 667, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
H. 3462 -- Reps. Moss, Day and Hearn: A BILL TO AMEND ACT 462 OF 1978, AS AMENDED, RELATING TO PARKING FOR HANDICAPPED PERSONS SO AS TO PROVIDE THAT MEMBERS OF THE STATE HIGHWAY PATROL MAY MAKE ARRESTS FOR VIOLATIONS OF THE ACT WHEREVER THEY OCCUR.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.
S. 1334 -- Senator Land: A BILL TO AMEND ACT 959 OF 1972, AS AMENDED, RELATING TO THE CLARENDON COUNTY AREA VOCATIONAL SCHOOL AND MANPOWER TRAINING CENTER SO AS TO REVISE THE TIMES WHEN THE BOARD OF TRUSTEES THEREOF SHALL MEET.
S. 739 -- Senator Waddell: A BILL TO DESIGNATE THE BRIDGE CONNECTING COOSAW ISLAND TO THE MAINLAND IN BEAUFORT COUNTY THE "L. G. BARNWELL BRIDGE".
S. 1099 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 OF TITLE 49 SO AS TO PROVIDE FOR AN OFFICE OF STATE CLIMATOLOGY.
S. 1166 -- Senators Moore, Drummond and Setzler: A JOINT RESOLUTION TO PROVIDE FOR THE HANDLING OF CERTAIN OIL OVERCHARGE REFUND MONIES, INCLUDING THE IMPOSITION OF DUTIES AND RESPONSIBILITIES UPON THE JOINT LEGISLATIVE COMMITTEE ON ENERGY; TO REQUIRE THAT ANY STATE AGENCY, BOARD, COMMISSION, INSTITUTION, OR OTHER ENTITY FUNDED FROM THE GENERAL FUND OF THE STATE WHICH RECEIVES A FINANCIAL GAIN AS A RESULT OF ENERGY EFFICIENCY IMPROVEMENTS UNDERTAKEN AS A RESULT OF THE STATE'S ENERGY PROGRAMS MUST BE EVALUATED AS TO THE ACTUAL ANNUAL DOLLAR SAVINGS ATTAINED; TO PROVIDE FOR THE REPORTING OF THE COST SAVINGS; TO PROVIDE FOR THE DEPOSIT OF OIL OVERCHARGE FUNDS IN INTEREST-BEARING ACCOUNTS AND FOR THE EARMARKING OF INTEREST EARNED; AND TO PROVIDE, AMONG OTHER THINGS, THAT THE STATE AUDITOR SHALL CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT AND BUDGET ADEQUATE FUNDS TO COVER ITS COST.
S. 1284 -- Senators Dennis, Williams, Drummond, Lourie, Saleeby and J. Verne Smith: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE INSURANCE COMMISSION.
S. 1163 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO ELECTION PROCEDURES FOR THE STATE BOARD OF MEDICAL EXAMINERS AND THE MEDICAL DISCIPLINARY COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 687, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
S. 1205 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO ACCOUNTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 703, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
S. 1260 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO RECODIFICATION OF REGULATIONS CONCERNING: USE OF HAZARDOUS SUBSTANCES; EXPLOSIVES; SERVICE STATIONS; TENTS, GRANDSTANDS AND AIRSUPPORTED STRUCTURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 672, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
S. 1255 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO LICENSING AND BUSINESS OF REAL ESTATE, DESIGNATED AS REGULATION DOCUMENT NUMBER 527, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
S. 1047 -- Fish, Game and Forestry Committee: A BILL TO AMEND ACT 176 OF 1977, AS AMENDED, THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT NATURAL RESOURCES RELATED AGENCIES MAY PROMULGATE EMERGENCY REGULATIONS TO PROTECT OR MANAGE NATURAL RESOURCES.
S. 1074 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-2190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATLANTIC STURGEON, SO AS TO PROVIDE THAT THE DIVISION OF MARINE RESOURCES MAY ESTABLISH MINIMUM OR MAXIMUM SIZE LIMITS ON STURGEON INSTEAD OF MAXIMUM SIZE LIMITS ONLY AND TO PROVIDE THAT ANY SIZE STURGEON TAKEN DURING CLOSED SEASONS OR IN CLOSED AREAS MUST BE IMMEDIATELY RETURNED TO THE WATER.
S. 1076 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-855 SO AS TO REGULATE ACTIVITIES RELATING TO HARD CLAMS OF THE GENUS "MERCENARIA".
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3966 -- Rep. Lewis: A BILL TO AMEND ACT 812 OF 1952, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY, SO AS TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR ELECTION OF TRUSTEES, TO PROVIDE FOR THE ELECTION OF TRUSTEES AND PROVIDE FOR THE POWERS, DUTIES, AND COMPENSATION OF THE BOARD, AND TO PROVIDE FOR FUNDING OF THE SCHOOL DISTRICT'S OPERATIONS.
S. 1261 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO MOBILE HOME PARKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 652, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
S. 1281 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF OCCUPATIONAL THERAPY, RELATING TO DEFINITIONS, LICENSE REQUIREMENTS, EXAMINATIONS AND FEES, AND PROFESSIONAL CONDUCT, DESIGNATED AS REGULATION DOCUMENT NUMBER 658, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
S. 778 -- Senators Doar, Lourie and McLeod: A BILL TO ALLOW A NONREFUNDABLE STATE INCOME TAX CREDIT OF TWENTY PERCENT, NOT TO EXCEED THREE HUNDRED DOLLARS, FOR EXPENSES PAID BY THE TAXPAYER FOR INSTITUTIONAL INTERMEDIATE OR LICENSED BOARDING HOME CARE OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER WHOSE EXPENSES ARE NOT PAID FROM PUBLIC SOURCE FUNDS.
H. 3957 -- Interstate Cooperation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOXING COMMISSION, RELATING TO CLOSED CIRCUIT TELEVISION, KICK BOXING (FULL CONTACT KARATE), WRESTLING, PROFESSIONAL BOXING AND SPARRING EVENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 721, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
H. 3959 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 653, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
H. 3967 -- Agriculture and Natural Resources: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BUDGET AND CONTROL BOARD, RELATING TO PERMITS TO CONSTRUCT ON NAVIGABLE WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 699, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
H. 3968 -- Rep. Ogburn: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF AMERICAN LEGION SMITH-GRAVES POST 92, INC.
Rep. WINSTEAD asked unanimous consent that S. 1261 be read a third time tomorrow.
Rep. KLAPMAN objected.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that S. 1281 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 778 be read the third time tomorrow.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 3957 be read the third time tomorrow.
On motion of Rep. OGBURN, with unanimous consent, it was ordered that H. 3968 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
S. 808 -- Senator Doar: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-140 SO AS TO REQUIRE THE USE OF ANTI-SYPHON DEVICES ON IRRIGATION SYSTEMS AND TO PROVIDE PENALTIES.
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.
S. 1048 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2020 SO AS TO PROVIDE FOR THE MANAGEMENT OF LAKES AND PONDS OWNED BY THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT AND TO PROVIDE PENALTIES.
S. 1075 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSED SEASONS AND SIZE LIMITS ON NUMEROUS SALTWATER FISH AND SHELLFISH SPECIES, SO AS TO ADD SIZE LIMITS ON SPOTTED SEA TROUT AND RED DRUM, AND TO IMPOSE A POSSESSION LIMIT ON RED DRUM.
S. 1078 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-13-1170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING OF NONGAME FISH BY GILL NETS, SO AS TO REQUIRE STURGEON CAUGHT IN LICENSED SHAD NETS TO BE RETURNED TO THE WATER.
Rep. McLELLAN moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.
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.
Rep. McLELLAN, with unanimous consent, proposed the following Amendment No. 3 (Doc. No. 4998R), which was adopted.
Amend the bill, as and if amended, by striking Section 43-5-600 of the 1976 Code and inserting:
/Section 43-5-600. Monies due from or payable by this State, including any agency, instrumentality, or authority of the State, and due to any individual is subject, in like manner and to the same extent as if the State were a private person, to legal process brought for the enforcement against such individual of his legal obligations to provide support for a child or spouse; provided, however, that Section 41-35-140 shall control in cases concerning the South Carolina Employment Security Commission./
Amend title to conform.
The Bill, as amended, was read the third time and ordered returned to the Senate
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. PEARCE having the floor.
S. 1120 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAW OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-125 SO AS TO PRESCRIBE CRITERIA TO BE USED BY THE MARINE RESOURCES DIVISION TO REGULATE FISHING SEASONS, AREAS, TIMES, EQUIPMENT, AND EFFORT; AND TO IMPOSE REQUIREMENTS RELATIVE TO NOTICE OF CHANGES IN FISHERIES MANAGEMENT.
Rep. PEARCE continued speaking.
The Bill was read the second time and ordered to third reading.
On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 1120 be read the third time tomorrow.
Rep. BEASLEY moved to adjourn debate upon the following Bill, which was adopted.
H. 3315 -- Reps. Beasley, Day, O. Phillips, Barfield, Fair, L. Martin, Hearn, Evatt, Cooper, Townsend, Alexander and M.D. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2935 SO AS TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR A VIOLATION OF SECTION 56-5-2930 (DUI); AND TO AMEND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING THE TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, AND TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
H. 3387 -- Rep. Lewis: A BILL TO AMEND SECTION 31 OF PART II OF ACT 512 OF 1984 (THE GENERAL APPROPRIATIONS ACT), AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE ESTABLISHMENT OF A CONTINUING ACCOUNT UNDER THE STATE TREASURER FOR THE PURPOSE OF PROVIDING STATE MATCHING DISASTER ASSISTANCE FUNDS WHEN REQUIRED BY THE FEDERAL ENTITY PROVIDING THE FUNDS, SO AS TO PROVIDE THAT THE DISASTER ASSISTANCE MATCHING FUNDS IN THE ACCOUNT MAY ALSO BE USED TO COVER THOSE INDIVIDUAL AND FAMILY GRANT (IFG) PROGRAM ADMINISTRATIVE EXPENSES WHICH EXCEED THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) ADMINISTRATIVE EXPENSE ALLOWANCE.
Rep. PEARCE moved to adjourn debate upon the following Bill, which was adopted.
S. 1073 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-1022, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF GILL NETS IN THE ATLANTIC OCEAN, SO AS TO REGULATE THEIR USE DURING THE OPEN SEASON FOR THE TAKING OF AMERICAN SHAD, TO INCREASE THE SIZE OF BUOYS USED TO MARK THEIR LOCATIONS FROM TEN INCHES IN DIAMETER TO TWENTY INCHES IN DIAMETER, AND TO ELIMINATE A PROVISION MAKING POSSESSION OF FRESHLY CAUGHT SHAD DURING THE CLOSED SEASON PRIMA FACIE EVIDENCE OF A VIOLATION.
Rep. BENNETT moved to adjourn debate upon the following Bill until Tuesday, June 10, 1986, which was adopted.
S. 1122 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-115 SO AS TO PROHIBIT THE USE OF GILL NETS IN THE WATERS OF THE STATE FROM THE SALTWATER-FRESHWATER DIVIDING LINE SEAWARD, EXCEPT AS PERMITTED BY ARTICLE 15 OF CHAPTER 17 OF TITLE 50, TO AMEND SECTIONS 50-17-1050, AS AMENDED, AND 50-17-1055, RELATING TO DISTANCE BETWEEN NETS OR SEINES AND PUBLIC FISHING PIERS AND MANMADE JETTIES AND BETWEEN OTHER NETS AND SEINES, SO AS TO ELIMINATE REFERENCES TO GILL NETS, AND TO REPEAL SECTIONS 50-13-715, 50-17-1035, 50-17-1040, 50-17-1061, AND 50-17-1066, RELATING TO GILL NETS, ANCHOR NETS, OR SEINES.
Rep. SHEHEEN moved to adjourn debate upon the following Bill, which was adopted.
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.
The following Bill was taken up.
S. 1275 -- Senator Ravenel: A BILL TO AMEND SECTION 12-35-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF SALES TAX BY A RETAILER UNDER CONDITIONAL SALES CONTRACTS, SO AS TO PROVIDE THAT WHEN SALES OF RETAILERS ARE MADE ON AN INSTALLMENT BASIS WHICH CONFORM TO THE UNIFORM COMMERCIAL CODE AND FOR WHICH THE RETAILER TAKES A SECURITY INTEREST THE VENDOR MAY ELECT TO RETURN A PORTION OF THE SALES PRICE ACTUALLY RECEIVED OR INCLUDE THE ENTIRE SALES PRICE TO THE STATE TAX COMMISSION FOR SALES TAX PURPOSES.
Rep. KIRSH proposed the following Amendment No. 1 (Doc. No. 4583R), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. 1. Section 12-35-540 of the 1976 Code is amended to read:
"Section 12-35-540. On all sales of retailers made under conditional sales contracts or under other forms of sales whereby title is retained by on an installment basis which conforms to the provisions of the Uniform Commercial Code whereby the retailer takes a security interest the vendor, the retailer may elect to include in the return only such the portion of the sales price as has actually been received by the retailer during the taxable period or to include the entire sales price in the return for the taxable period during which the sale was consummated. Having once elected either method of reporting such the sales, the taxpayer must so continue unless and until permission has been received from the Commission commission to make a change. Nothing in this section shall may be construed to permit delay in reporting sales under other terms of credit or cash sales.
Notwithstanding the foregoing provisions of this section the Commission The commission may, for any cause whatever, require a taxpayer to include in his returns the entire sales price of articles sold under conditional sales contracts or under other forms of sales whereby title is retained by the vendor on an installment basis which conforms to the provisions of the Uniform Commercial Code in which the retailer takes a security interest."
SECTION 2. A retailer shall continue to pay the tax upon receipt of the payments on installment sales made prior to the effective date of this act if the retailer had, at the time of sale, elected to report the tax upon receipt of the installment payments.
SECTION 3. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 2 (Doc. No. 4780R), which was adopted.
Amend the bill, as and if amended, by adding before the effective clause a new section to be appropriately numbered, as follows:
/SECTION ___. Section 12-37-800 of the 1976 Code is amended to read:
"Section 12-37-800. If any person shall fail to list the personal property he is required by law to list in any one year, the value thereof may be charged against him for taxation with a ten percent penalty added thereto, and the taxes and penalty collected as in other cases.; provided, however, upon good cause shown, the Tax Commission may waive or reduce the penalty charged herein on property required to be listed with the Tax Commission."/
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that S. 1275 be read the third time tomorrow.
The following Bill was taken up.
S. 1315 -- Senators Horace C. Smith, E. Patterson and Lee: A BILL TO AMEND SECTION 9-1-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES OF POLITICAL SUBDIVISIONS AS MEMBERS OF THE STATE RETIREMENT SYSTEM, SO AS TO AUTHORIZE MEMBERS OF A CITY RETIREMENT SYSTEM WHO TRANSFER TO A UNIT COVERED BY THE STATE RETIREMENT SYSTEM TO RECEIVE CREDIT UNDER THE STATE SYSTEM BY PAYING THE FULL ACTUARIAL COST AS DETERMINED BY THE ACTUARY OF THE STATE RETIREMENT SYSTEM.
Rep. PETTY moved to waive Rule 5.12, which was agreed to.
Rep. WINSTEAD moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 3528 -- Reps. Gilbert, Toal, K. Bailey, Foster, Mitchell, Klapman, Washington, Williams, Blackwell, Mattos, Lake, Russell, Ferguson and Brett: A BILL TO AMEND ACT 163 OF 1977, AS AMENDED, RELATING TO THE EDUCATION FINANCE PROGRAM, SO AS TO PROVIDE THAT TEACHER PAY RAISES BE PROVIDED TO TEACHERS WHO MEET THE ADDITIONAL ALTERNATE CRITERIA OF RECEIVING A RATING OF AT LEAST SATISFACTORY OR ITS EQUIVALENT ON A SCHOOL DISTRICT'S OFFICIAL EVALUATION INSTRUMENT.
Reps. GILBERT and TOAL explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. TOAL having the floor.
Rep. T. ROGERS moved that the House recur to the morning hour, which was agreed to.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1090 -- Senator Lourie: A BILL TO AMEND SECTION 58-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT THE AUTHORITIES ARE EXEMPT FROM PROVISIONS GOVERNING SPECIAL PURPOSE DISTRICTS AND TO REDEFINE "PUBLIC TRANSPORTATION"; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO REGIONAL TRANSPORTATION AUTHORITY BONDS, SO AS TO PROVIDE FOR BOARD REPRESENTATION BASED ON A COUNTY'S FINANCIAL CONTRIBUTION; AND TO AMEND ACT 169 OF 1985, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO CLARIFY BUDGET PROCEDURES FOR AUTHORITIES IN EXISTENCE PRIOR TO JULY 1, 1985.
Ordered for consideration tomorrow.
Rep. LOCKEMY, from the Dillon Delegation, submitted a favorable report, with amendments, on:
H. 3958 -- Rep. Lockemy: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1986, AND ENDING JUNE 30, 1987, AND TO AUTHORIZE AND DIRECT THE COUNTY BOARD OF EDUCATION IN CONJUNCTION WITH THE SUPERINTENDENT OF EDUCATION TO KEEP RECORDS OF ALL RECEIPTS AND DISBURSEMENTS OF FUNDS RECEIVED FROM ANY SOURCE, AND SUBMIT A REPORT TO THE DILLON COUNTY LEGISLATIVE DELEGATION BY APRIL FIRST OF EACH YEAR.
On motion of Rep. LOCKEMY, with unanimous consent, the following Joint Resolution was taken up for immediate consideration.
H. 3958 -- Rep. Lockemy: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1986, AND ENDING JUNE 30, 1987, AND TO AUTHORIZE AND DIRECT THE COUNTY BOARD OF EDUCATION IN CONJUNCTION WITH THE SUPERINTENDENT OF EDUCATION TO KEEP RECORDS OF ALL RECEIPTS AND DISBURSEMENTS OF FUNDS RECEIVED FROM ANY SOURCE, AND SUBMIT A REPORT TO THE DILLON COUNTY LEGISLATIVE DELEGATION BY APRIL FIRST OF EACH YEAR.
Rep. LOCKEMY proposed the following Amendment No. 1 (Doc. No. 4987R), which was adopted.
Amend the Joint Resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The Auditor of Dillon County shall levy eighty-five mills on all taxable property of the county for fiscal year 1986-87 for school purposes in Dillon County as follows: Operation of schools, 61 mills; school debt retirement, 5 mills; school lunches, 2 mills; teachers' sick leave, 3 mills; Dillon County Vocational School, 13.5 mills; Vocational School special fund, .5 mills./
Amend title to conform.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3958 be read the third time tomorrow.
Rep. R. BROWN, from the Marion Delegation, submitted a favorable report, with amendments, on:
H. 3961 -- Reps. R. Brown and McLeod: A BILL TO AMEND ACT 605 OF 1984, AS AMENDED, RELATING TO THE MILLAGE TO BE LEVIED IN MARION COUNTY, SO AS TO PROVIDE FOR THE MILLAGE FOR SCHOOL PURPOSES FOR THE FISCAL YEAR BEGINNING JULY 1, 1986, AND ENDING JUNE 30, 1987.
On motion of Rep. R. BROWN, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3961 -- Reps. R. Brown and McLeod: A BILL TO AMEND ACT 605 OF 1984, AS AMENDED, RELATING TO THE MILLAGE TO BE LEVIED IN MARION COUNTY, SO AS TO PROVIDE FOR THE MILLAGE FOR SCHOOL PURPOSES FOR THE FISCAL YEAR BEGINNING JULY 1, 1986, AND ENDING JUNE 30, 1987.
Reps. R. BROWN and McLEOD proposed the following Amendment No. 1 (Doc. No. 4975R), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1 of Act 605 of 1984 as amended by Act 283 of 1985, is further amended to read:
"Section 1. There is levied in Marion County for school purposes for the fiscal year beginning July 1, 1985 1986, and ending June 30, 1986 1987, the following millage:
Marion District No. 1
Countywide millage for all schools 86 91
County Board 4 5
Marion-Mullins Vocational School 6
Millage for Lower Marion
District No. 3 1 2
Millage for Britton's Neck No. 4 2
99 106
Mullins District No. 2
Countywide millage for all schools 86 91
County Board 4 5
Marion-Mullins Vocational School 6
Millage for Lower Marion
District No. 3 1 2
Millage for Britton's Neck
District No. 4 2
99 106
Lower Marion District No. 3
Countywide millage for all schools 86 91
County Board 4 5
Marion-Mullins Vocational School 6
Millage for Lower Marion
District No. 3 1 2
Lower Marion millage for Lower
Marion No. 3 5
102
109
Britton's Neck District No. 4
Countywide millage for all schools 86 91
County Board 4 5
Marion-Mullins Vocational School 6
Millage for Britton's Neck No. 4 2
Britton's Neck millage for
Britton's Neck 15
113 119."
SECTION 2. Section 2 of Act 605 of 1984, as amended by Act 283 of 1985, is further amended to read:
"Section 2. The revenue must be collected by the treasurer, after which he shall notify the clerk of the County Board of Education of the amount collected each month, and the clerk shall apportion the money monthly as follows:
(1) The local support required by the State for each district shall receive first obligation in order for the district to receive its state allocation and be distributed as collected.
(2) The remainder of the eighty-six ninety-one mills must be distributed equally to all districts based on weighted pupil unit as collected.
(3) Four Five mills are collected for the County Board of Education and retained for operation of the County Board of Education, attendance supervisor, and adult education programs.
(4) One mill Two mills from Districts 1, 2, and 3 must be collected and distributed by the clerk of the County Board of Education to Lower Marion District No. 3, plus five mills must be collected from Lower Marion District No. 3 and distributed as collected.
(5) Two mills from Districts 1, 2, and 4 must be collected and distributed by the County Board of Education to Britton's Neck District No. 4, plus fifteen mills must be collected from Britton's Neck District No. 4 and distributed as collected.
(6) The County Auditor shall make the necessary adjustments in the millage for all school districts to meet the local minimum effort requirements of the Education Improvement Act."
SECTION 3. Section 3 of Act 605 of 1984, as amended by Act 283 of 1985, is further amended to read:
"Section 3. Each school district and vocational school in Marion County shall submit their budget requests to the County Board of Education no later than March first of each year and the County Board of Education shall submit each budget recommendation, including their own, to the Marion County Legislative Delegation no later than April fifteenth of each year."
SECTION 4. This act shall take effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. R. BROWN, with unanimous consent, it was ordered that H. 3961 be read the third time tomorrow.
The following was introduced:
H. 3970 -- Reps. T. Rogers, J. Brown, M.D. Burriss, T.M. Burriss, Evatt, Faber, Hearn, Lloyd I. Hendricks, McBride, Taylor, Toal, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, R. Brown, J.H. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Helmly, B. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Thrailkill, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF BARRY NAYLOR, SR., AND HIS WIFE, YVONNE S. NAYLOR, OF COLUMBIA, UPON THEIR TRAGIC DEATH IN AN AUTOMOBILE ACCIDENT ON SATURDAY, MAY 24, 1986.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. TOAL having the floor.
H. 3528 -- Reps. Gilbert, Toal, K. Bailey, Foster, Mitchell, Klapman, Washington, Williams, Blackwell, Mattos, Lake, Russell, Ferguson and Brett: A BILL TO AMEND ACT 163 OF 1977, AS AMENDED, RELATING TO THE EDUCATION FINANCE PROGRAM, SO AS TO PROVIDE THAT TEACHER PAY RAISES BE PROVIDED TO TEACHERS WHO MEET THE ADDITIONAL ALTERNATE CRITERIA OF RECEIVING A RATING OF AT LEAST SATISFACTORY OR ITS EQUIVALENT ON A SCHOOL DISTRICT'S OFFICIAL EVALUATION INSTRUMENT.
Rep. TOAL continued speaking.
The Bill was read the second time and ordered to third reading.
On motion of Rep. TOAL, with unanimous consent, it was ordered that H. 3528 be read the third time tomorrow.
I wish to be recorded as voting against H. 3528.
Rep. M.D. BURRISS
The following Bill was taken up.
H. 3865 -- Reps. G. Bailey, Beasley, Elliott, J.C. Johnson, Neilson, Cork, Dangerfield, T. Rogers, Keyserling, Sharpe, Huff, W. Arthur, Winstead, P. Bradley, Jones, Holt, Washington, Ferguson, White, Alexander, McLeod, G. Brown, J. Harris, Rawl, Petty, Rice, Cooper, Altman, L. Phillips, Blackwell, Day, Lake, Griffin, Limehouse, Gregory, McEachin, Russell, Gordon, McKay, R. Brown, Evatt, Sheheen, Boan, Lockemy, J.H. Burriss, M.D. Burriss, Kirsh, Townsend, H. Brown, Helmly, Chamblee, McLellan, O. Phillips, Moss, Lewis, Rhoad, Mattos, Hearn, S. Anderson, Toal, Bennett, Williams, J. Anderson, P. Harris, Davenport, McTeer, Tucker, J. Arthur, Cleveland, Barfield, K. Bailey, Mitchell, T.M. Burriss, Foxworth, Wilkins, Snow, Blanding, Kay, Simpson, L. Martin, Thrailkill, Woodruff, Freeman and McAbee: A BILL TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS SETTING STANDARDS THAT SOLID WASTE GENERATED IN THIS STATE MUST MEET TO QUALIFY FOR BURIAL IN A PRIVATELY-OWNED COMMERCIAL LANDFILL IN THIS STATE AND TO REQUIRE THAT THE DEPARTMENT PROMULGATE REGULATIONS TO ESTABLISH A TESTING PROGRAM, INCLUDING A SCHEDULE OF TESTING FEES, FOR SOLID WASTE GENERATED OUT OF STATE SENT TO THIS STATE FOR BURIAL IN A PRIVATELY-OWNED COMMERCIAL LANDFILL AND TO MAKE BURIAL OF WASTE IN VIOLATION OF THE REGULATION GROUNDS FOR REVOCATION OF THE LANDFILL'S OPERATING PERMIT.
Rep. G. BAILEY proposed the following Amendment No. 1 (Doc. No. 4154R), which was adopted.
Amend the bill, as and if amended, in SECTION 1, page 1, by inserting before /landfills/ on line 8 /sanitary/ and in SECTION 1, page 2, by inserting before /landfill/ on lines 3 and 6 /sanitary/.
Amend further, as and if amended, in SECTION 2, page 2, by inserting before /landfill/ on lines 3 and 9 /sanitary/ and by inserting before /landfill's/ on line 18, /sanitary/.
Amend title to conform.
Rep. G. BAILEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 3865 be read the third time tomorrow.
The following Bill was taken up.
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.
Rep. LOCKEMY proposed the following Amendment No. 1, which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The governing body of any county and municipality in this State, upon approval of a majority of the registered electors voting in a referendum conducted by the governmental entity, may enact ordinances:
(1) to levy a special business license fee of five dollars per marriage for any person for the performance of marriage ceremonies;
(2) to levy a special business license fee of five dollars per marriage for any person, marriage chapel, or business entity engaged in furnishing facilities or related services for marriages.
Any ordinance enacted under this section must except marriages performed by an ordained minister of the gospel, priest, or rabbi when either party to the marriage is a member of his faith, and the minister, priest, or rabbi does not perform the marriage in his capacity as an employee of a person, marriage chapel, or business entity performing or furnishing facilities or related services, on a yearly average, for more than seven marriages a week.
SECTION 2. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 2, which was introduced on Thursday, May 22, 1986 by Rep. LOCKEMY.
Rep. LOCKEMY moved to table the amendment, which was agreed to.
Rep. KIRSH moved to adjourn debate upon the Bill, which was rejected.
Reps. KIRSH and FREEMAN objected to the Bill.
The question then recurred to the passage of the Bill, as amended, which was agreed to.
Rep. LOCKEMY asked unanimous consent that H. 3818 be read a third time tomorrow.
Rep. FREEMAN objected.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 1197 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WATER RESOURCES COMMISSION, RELATING TO INTERBASIN TRANSFER OF WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 656, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
S. 1259 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD DIVISION OF STATE FIRE MARSHAL, RELATING TO TRANSPORTATION AND USE OF PYROTECHNICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 670, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
S. 1066 -- Senator Drummond: A BILL TO PROVIDE FOR THE REGULATION OF THE SALE, USE, AND STORAGE OF EXPLOSIVES, TO AUTHORIZE THE STATE FIRE MARSHAL TO CERTIFY OR LICENSE PERSONS SELLING, STORING, OR USING EXPLOSIVES, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 1197 be read the third time tomorrow.
On motion of Rep. WINSTEAD, with unanimous consent, it was ordered that S. 1259 be read the third time tomorrow.
On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 1066 be read the third time tomorrow.
The following Bill was taken up.
S. 906 -- Senator Waddell: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 SO AS TO CREATE THE STATE BOARD OF GEOLOGIC EXAMINERS, TO DEFINE ITS POWERS AND DUTIES, TO REGULATE THE PRACTICE OF GEOLOGY, AND TO PROVIDE PENALTIES.
Debate was resumed on Amendment No. 1, which was introduced on Wednesday, May 28, 1986, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. LOCKEMY explained the amendment.
Reps. SIMPSON, DAY, SHARPE, JONES and FOXWORTH objected to the Bill.
Rep. TOAL moved to adjourn debate upon the following Bill, which was adopted.
S. 254 -- Senators Pope, Lindsay, Martin, McConnell, Saleeby, Ravenel, Peeler, Setzler, Thomas Smith, McLeod, Hayes, Long, Leventis, Bryan, Williams, Mitchell, Macaulay, Nell Smith, Lourie, Applegate, Drummond, Land, Powell, Theodore, E. Patterson and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 OF TITLE 28, SO AS TO ENACT THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE CODE WHICH PROVIDES FOR PROVISIONS OF LAW WHICH ESTABLISH THE PROCEDURE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OR PROPERTY RIGHTS IN THIS STATE THROUGH THE EXERCISE OF THE POWER OF EMINENT DOMAIN; TO AMEND SECTIONS 1-11-110, 3-5-50, AS AMENDED, 3-5-100, AS AMENDED, 3-5-330, AS AMENDED, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, AS AMENDED, 13-3-100, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 31-3-460, 46-19-130, AS AMENDED, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-13-780, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 58-19-30, 58-31-50, 59-19-200, 59-105-40, 59-117-70 AND 59-123-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN AND COMPENSATION FOR PROPERTY TAKEN BY STATE AND LOCAL AGENCIES, AUTHORITIES AND ENTITIES AND PRIVATE COMPANIES AND CORPORATIONS, SO AS TO CONFORM THE PROVISIONS OF LAW TO THE EMINENT DOMAIN PROCEDURE CODE; AND TO REPEAL SECTIONS 28-1-10, 28-1-20, 28-1-30, 28-3-10, 28-3-40, 28-3-50, 28-3-60, 28-3-70, 28-3-80, 28-3-90, 28-3-100, 28-3-110, 28-3-130, 28-5-10, 28-5-20, 28-5-30, 28-5-40, 28-5-50, 28-5-60, 28-5-70, 28-5-80, 28-5-90, 28-5-100, 28-5-110, 28-5-120, 28-5-130, 28-5-140, 28-5-150, 28-5-160, 28-5-170, 28-5-180, 28-5-190, 28-5-200, 28-5-210, 28-5-220, 28-5-230, 28-5-240, 28-5-250, 28-5-260, 28-5-270, 28-5-280, 28-5-290, 28-5-300, 28-5-310, 28-5-320, 28-5-330, 28-5-340, 28-5-350, 28-5-360, 28-5-370, 28-5-380, 28-5-390, 28-7-10, 28-7-20, 28-7-30, 28-7-40, 28-9-10, 28-9-20, 28-9-30, 28-9-40, 28-9-50, 28-9-60, 28-9-70, 28-9-80, 28-9-90, 28-9-100, 28-9-110, 31-3-470, 31-3-480, 31-3-490, 48-15-60, 48-15-70, 48-15-80, 48-17-60, 48-17-70, 48-17-80, 49-1-70, 49-13-10, 49-13-20, 49-13-30, 49-13-40, 49-13-50, 49-13-60, 49-13-70, 49-13-80, 49-19-2670, 55-9-60, 55-9-100, 55-9-110, 55-9-120, 55-9-130, 55-9-140, 55-9-150, 55-9-160, 55-9-170, 55-9-180, 57-5-360, 57-5-390, 57-5-400, 57-5-410, 57-5-420, 57-5-430, 57-5-440, 57-5-450, 57-5-460, 57-5-470, 57-5-480, 57-5-490, 57-5-500, 57-5-510, 57-5-520, 57-5-530, 57-5-560, 57-17-320, 57-17-330, 57-17-340, 57-17-350, 57-17-360, 57-17-370, 57-17-380, 57-17-390, 58-15-1210, 58-15-1220, 58-15-1230, 58-15-1240, 58-15-1250, 58-15-1260, 58-15-1270, 58-15-1280, 58-15-1290, 58-15-1300, 58-15-1310, 58-15-1320, 58-15-1330, 58-15-1340, 58-15-1360, 58-15-1370, 59-19-210, 59-19-220, 59-19-230 AND 59-19-240, OF THE 1976 CODE, RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN, COMPENSATION FOR PROPERTY TAKEN AND OTHER RELATED MATTERS WHICH ARE INCONSISTENT WITH OR IN CONFLICT WITH THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE CODE.
Rep. SHEHEEN moved that the House resolve itself into a Committee of the Whole, which was agreed to.
The SPEAKER Pro Tempore appointed Rep. J.C. JOHNSON Chairman of the Committee.
At 11:45 A.M., the Committee arose.
Rep. T. ROGERS moved that the House recede until 2:30.
Rep. SIMPSON moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bradley, P. Gregory Simpson
Those who voted in the negative are:
Schwartz Alexander Anderson, J. Anderson, S. Arthur, J. Aydlette Bailey, G. Bailey, K. Beasley Blackwell Boan Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Felder Foster Freeman Gilbert Harris, J. Harris, P. Hawkins Hayes Helmly Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, O. Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Taylor Thrailkill Toal Townsend Tucker Waldrop Wilkins Winstead
So, the House refused to adjourn.
The question then recurred to the motion to recede until 2:30, which was agreed to.
At 2:30 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER Pro Tempore granted Reps. RHOAD, SIMPSON, DAY and CLEVELAND a leave of absence for the remainder of the day.
Rep. J. ROGERS moved to reconsider the vote whereby the following Bill was given unanimous consent to receive a third reading tomorrow which was agreed to.
H. 3865 -- Reps. G. Bailey, Beasley, Elliott, J.C. Johnson, Neilson, Cork, Dangerfield, T. Rogers, Keyserling, Sharpe, Huff, W. Arthur, Winstead, P. Bradley, Jones, Holt, Washington, Ferguson, White, Alexander, McLeod, G. Brown, J. Harris, Rawl, Petty, Rice, Cooper, Altman, L. Phillips, Blackwell, Day, Lake, Griffin, Limehouse, Gregory, McEachin, Russell, Gordon, McKay, R. Brown, Evatt, Sheheen, Boan, Lockemy, J.H. Burriss, M.D. Burriss, Kirsh, Townsend, H. Brown, Helmly, Chamblee, McLellan, O. Phillips, Moss, Lewis, Rhoad, Mattos, Hearn, S. Anderson, Toal, Bennett, Williams, J. Anderson, P. Harris, Davenport, McTeer, Tucker, J. Arthur, Cleveland, Barfield, K. Bailey, Mitchell, T.M. Burriss, Foxworth, Wilkins, Snow, Blanding, Kay, Simpson, L. Martin, Thrailkill, Woodruff, Freeman and McAbee: A BILL TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS SETTING STANDARDS THAT SOLID WASTE GENERATED IN THIS STATE MUST MEET TO QUALIFY FOR BURIAL IN A PRIVATELY-OWNED COMMERCIAL LANDFILL IN THIS STATE AND TO REQUIRE THAT THE DEPARTMENT PROMULGATE REGULATIONS TO ESTABLISH A TESTING PROGRAM, INCLUDING A SCHEDULE OF TESTING FEES, FOR SOLID WASTE GENERATED OUT OF STATE SENT TO THIS STATE FOR BURIAL IN A PRIVATELY-OWNED COMMERCIAL LANDFILL AND TO MAKE BURIAL OF WASTE IN VIOLATION OF THE REGULATION GROUNDS FOR REVOCATION OF THE LANDFILL'S OPERATING PERMIT.
Rep. BLACKWELL moved to table the motion which was not agreed to by a division vote of 15 to 40.
The question then recurred to the motion to reconsider the vote whereby the Bill was ordered with unanimous consent to receive a third reading, which was agreed to.
Reps. BLACKWELL, PETTY, RICE, FOXWORTH and DAVENPORT withdrew their objections to S. 304
Rep. FELDER objected to the following Bill.
H. 3865 -- Reps. G. Bailey, Beasley, Elliott, J.C. Johnson, Neilson, Cork, Dangerfield, T. Rogers, Keyserling, Sharpe, Huff, W. Arthur, Winstead, P. Bradley, Jones, Holt, Washington, Ferguson, White, Alexander, McLeod, G. Brown, J. Harris, Rawl, Petty, Rice, Cooper, Altman, L. Phillips, Blackwell, Day, Lake, Griffin, Limehouse, Gregory, McEachin, Russell, Gordon, McKay, R. Brown, Evatt, Sheheen, Boan, Lockemy, J.H. Burriss, M.D. Burriss, Kirsh, Townsend, H. Brown, Helmly, Chamblee, McLellan, O. Phillips, Moss, Lewis, Rhoad, Mattos, Hearn, S. Anderson, Toal, Bennett, Williams, J. Anderson, P. Harris, Davenport, McTeer, Tucker, J. Arthur, Cleveland, Barfield, K. Bailey, Mitchell, T.M. Burriss, Foxworth, Wilkins, Snow, Blanding, Kay, Simpson, L. Martin, Thrailkill, Woodruff, Freeman and McAbee: A BILL TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS SETTING STANDARDS THAT SOLID WASTE GENERATED IN THIS STATE MUST MEET TO QUALIFY FOR BURIAL IN A PRIVATELY-OWNED COMMERCIAL LANDFILL IN THIS STATE AND TO REQUIRE THAT THE DEPARTMENT PROMULGATE REGULATIONS TO ESTABLISH A TESTING PROGRAM, INCLUDING A SCHEDULE OF TESTING FEES, FOR SOLID WASTE GENERATED OUT OF STATE SENT TO THIS STATE FOR BURIAL IN A PRIVATELY-OWNED COMMERCIAL LANDFILL AND TO MAKE BURIAL OF WASTE IN VIOLATION OF THE REGULATION GROUNDS FOR REVOCATION OF THE LANDFILL'S OPERATING PERMIT.
Rep. LIMEHOUSE withdrew his objection to H. 3149 however, other objections remained upon the Bill.
Rep. AYDLETTE raised the Point of Order that as S. 304 had been rendered uncontested by the withdrawal of objections, the Bill should be taken up for consideration at this time.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Joint Resolution was taken up.
S. 304 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE FINANCE AND TAXATION, BY ADDING SECTION 17, SO AS TO PROVIDE THAT THE STATE AND ITS COUNTIES, MUNICIPALITIES, AND THOSE OTHER POLITICAL SUBDIVISIONS AS THE GENERAL ASSEMBLY MAY PROVIDE, HAVE THE POWER TO LEVY AND COLLECT AD VALOREM TAXES, EXPEND GENERAL REVENUES, AND SUBJECT TO THE LIMITATIONS OF ARTICLE X INCUR GENERAL OBLIGATION DEBT FOR THE PURPOSES OF PROMOTING ECONOMIC DEVELOPMENT AND INDUSTRIAL DEVELOPMENT, THE ECONOMIC DEVELOPMENT AND INDUSTRIAL DEVELOPMENT BEING DECLARED TO BE PUBLIC AND CORPORATE PURPOSES OF THE STATE AND ITS POLITICAL SUBDIVISIONS FOR ALL THE RESIDENTS OF THE STATE OR THE POLITICAL SUBDIVISION UNDERTAKING THE ACTIVITY AND THESE ACTIVITIES UNDERTAKEN BY COUNTIES NOT BEING CONSIDERED TO BENEFIT ONLY A PARTICULAR GEOGRAPHICAL SECTION OF THE COUNTY SUBJECT TO THE REQUIREMENTS OF SECTION 12 OF ARTICLE X.
Rep. TOAL explained the Joint Resolution.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Joint Resolution, Rep. TOAL having the floor.
The SPEAKER Pro Tempore granted Rep. McLELLAN a leave of absence for the remainder of the day.
Reps. L. MARTIN and FOXWORTH withdrew their objections to the following Bill whereupon an objection was raised by Rep. KLAPMAN.
S. 726 -- Senator Ravenel: A BILL TO PROHIBIT A PUBLIC BODY FROM, AMONG OTHER THINGS, DISCHARGING, DEMOTING, OR PUNISHING ANY EMPLOYEE FOR REPORTING A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION WHICH INVOLVES A PUBLIC BODY, FOR EXPOSING GOVERNMENTAL CRIMINALITY, CORRUPTION, WASTE, FRAUD, GROSS NEGLIGENCE, OR MISMANAGEMENT, OR FOR TESTIFYING CONCERNING THESE MATTERS; TO DEFINE "PUBLIC BODY"; TO CREATE A MISDEMEANOR OFFENSE AND PROVIDE PENALTIES; TO ESTABLISH A CIVIL CAUSE OF ACTION IN BEHALF OF THE EMPLOYEE FOR DAMAGES, FOR REINSTATEMENT TO HIS FORMER POSITION AND LOST WAGES, OR FOR BOTH; AND TO PROVIDE FOR THE COMMENCEMENT AND BARRING OF THIS CIVIL CAUSE OF ACTION.
Rep. HUFF asked unanimous consent to recall S. 919 from the Committee on Judiciary.
Rep. EVATT objected.
Rep. GENTRY moved to adjourn debate upon the Senate Amendments to the following Bill, which was adopted.
H. 3825 -- Rep. Gentry: A BILL TO AMEND SECTION 4-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO AUTHORIZE MEMBERS TO BE ELECTED AS PROVIDED BY ANY COURT-ORDERED PLAN.
Rep. LOCKEMY moved to adjourn debate upon the Senate Amendments to the following Bill, which was adopted.
H. 2767 -- Reps. Sharpe, M.D. Burriss and Jones: A BILL TO AMEND SECTION 44-61-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS, SO AS TO DELETE THE REQUIREMENT FOR RECERTIFICATION EVERY THREE YEARS.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3147 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN STATUTES RELATING TO ALCOHOLICS AND DRUG ADDICTS, SO AS TO CHANGE A DEFINITION OF "ADDICT SUBJECT TO JUDICIAL HOSPITALIZATION" TO "ADDICT SUBJECT TO NONEMERGENCY HOSPITALIZATION", CHANGE THE DEFINITION OF "TREATMENT FACILITY" SO THAT THE FACILITIES MUST BE LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSTEAD OF APPROVED BY THE STATE DEPARTMENT OF MENTAL HEALTH, AND CHANGE THE DEFINITION OF "COURT".
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3668 -- Agriculture and Natural Resources Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 46-21-260 AND 46-21-270 SO AS TO PROVIDE FOR ACTIONS AGAINST SEED DEALERS WHEN THE SEEDS THEY SELL DO NOT PRODUCE OR PERFORM AS REPRESENTED BY THEIR LABELS AND TO CREATE AN ARBITRATION COMMITTEE TO ASSIST FARMERS AND SEED DEALERS IN DETERMINING THE VALIDITY OF COMPLAINTS AND TO SET DAMAGES IF ANY.
Rep. TOWNSEND explained the Senate Amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3279 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE FUNDS FOR PRISON CONSTRUCTION AND RENOVATIONS REQUIRED BY THE NELSON SETTLEMENT, TO PROVIDE THAT A COMBINATION OF CAPITAL FUND MONIES AND GENERAL OBLIGATION BONDS MUST BE USED FOR THE FUNDS, AND TO REQUIRE THE FUNDS TO BE RELEASED PURSUANT TO THE NELSON SETTLEMENT DEADLINES; TO AMEND SECTION 11-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE BONDS AND THE LIMITATION OF GENERAL REVENUES WHICH CAN BE USED FOR DEBT SERVICE, SO AS TO DELETE THE PROVISION REQUIRING THE LIMITATION TO DECREASE EACH FISCAL YEAR AND TO REQUIRE THE DEBT SERVICE EXPENDITURES FOR GENERAL OBLIGATION BONDS TO BE NO MORE THAN TWO AND ONE-HALF PERCENT OF THE GENERAL FUND OF THE PRIOR FISCAL YEAR BY FISCAL YEAR 1992-93; TO AMEND SECTION 11-11-310, AS AMENDED, RELATING TO LIMITATIONS ON ANNUAL APPROPRIATIONS, SO AS TO DELETE THE PROVISION AUTHORIZING REVENUES IN THE CAPITAL EXPENDITURE FUND TO BE APPROPRIATED FOR RETIRING BONDED INDEBTEDNESS OR FOR AVOIDING THE ISSUANCE OF BONDS AND TO REQUIRE THE REVENUE GENERATED FROM THE TWO AND ONE-HALF PERCENT CAPITAL EXPENDITURE FUND TO BE APPLIED TOWARD PRISON CONSTRUCTION WITH ANY EXCESS REVENUE TO BE USED TO FINANCE PROJECTS AUTHORIZED BY THE GENERAL ASSEMBLY; AND TO REQUIRE CAPITAL IMPROVEMENT PROJECTS TO BE SCHEDULED FOR FINANCING ACCORDING TO PRIORITY AS DETERMINED BY THE JOINT BOND REVIEW COMMITTEE.
Rep. SHEHEEN 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.
Let the record show I did not vote on H. 3279 or It's amendments, because the Company I work for may bid on construction of these prisons. Even though I know this is not a conflict of interest, because my vote is unprejudiced, I will refrain from the appearance of an interest conflict.
Thank you,
REP. MICKEY BURRISS
Rep. FAIR raised the question of a quorum.
A quorum was later present.
Rep. McEACHIN moved to adjourn debate upon the following Joint Resolution, which was adopted.
H. 2915 -- Rep. McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO DELETE OBSOLETE LANGUAGE AND LIMIT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY TO FORTY LEGISLATIVE DAYS UNLESS EXTENDED BY A VOTE OF THREE-FOURTHS OF THE MEMBERS ELECTED TO BOTH HOUSES.
The following 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. J. ROGERS explained the Bill.
Rep. BLACKWELL spoke against the Bill.
The SPEAKER Pro Tempore granted Rep. OGBURN a leave of absence for the remainder of the day.
Rep. BLACKWELL continued speaking.
Rep. T. ROGERS moved that the House resolve itself into a Committee of the Whole, which was agreed to.
Further proceedings were interrupted by the House resolving itself into a Committee of the Whole, the pending question being consideration of the Bill, Rep. BLACKWELL having the floor.
The SPEAKER Pro Tempore appointed Rep. NEILSON Chairman of the Committee.
At 4:35 P.M., the Committee arose.
The SPEAKER Pro Tempore granted Reps. B.L. HENDRICKS, L. MARTIN, G. BAILEY, O. PHILLIPS, J. HARRIS and STODDARD a leave of absence for the remainder of the day.
Rep. McABEE made a statement relative to the General Appropriations Bill.
Rep. SHEHEEN moved that when the House adjourns it adjourn to meet tomorrow for local matters and to ratify Acts and to meet Monday at 3:00 P.M. in Statewide Session which was agreed to.
The following was introduced:
H. 3971 -- Reps. Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JAMES J. (JACK) GODBOLD, HOUSE OF REPRESENTATIVES CHIEF PAGE, UPON THE COMPLETION OF HIS SERVICE AND TO EXPRESS TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, for four years, James J. (Jack) Godbold of Mechanicsville in Darlington County has labored mightily as a page for the House of Representatives, serving in 1985 as assistant chief page and then this year as chief page; and
Whereas, having graduated from the University of South Carolina in May with a degree in business, at the end of the current legislative session he will go forth in the world with a position with Southeastern Steel in Florence; and
Whereas, this outstanding young man has worked to his utmost to assist in the smooth operation of the House of Representatives in particular and the General Assembly in general by his cheerfulness, efficiency, dedication, and perseverance; and
Whereas, his smooth handling of his page colleagues has earned for him the affectionate nickname of "Daddy"; and
Whereas, it is appropriate to express appreciation to one who has served the General Assembly so well. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly express their appreciation to James J. (Jack) Godbold, House of Representatives Chief Page, upon the completion of his service and to express to him best wishes in all of his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Mr. James J. (Jack) Godbold.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was received.
Columbia, S.C., May 29, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 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.
Very respectfully,
President
No. 61
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
Columbia, S.C., May 29, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of S. 1340:
S. 1340 -- Senators Moore and Shealy: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF AIKEN COUNTY, SO AS TO INCREASE THE MILLAGE THAT MAY BE LEVIED FOR THE OPERATION OF THE SCHOOL DISTRICT.
Very respectfully,
President
No. 62
On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Aiken Delegation.
S. 1340 -- Senators Moore and Shealy: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF AIKEN COUNTY, SO AS TO INCREASE THE MILLAGE THAT MAY BE LEVIED FOR THE OPERATION OF THE SCHOOL DISTRICT.
The Bill was ordered returned to the Senate.
The following was received.
Columbia, S.C., May 29, 1986
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:00 Noon May, 30, 1986 for the purpose of Ratifying Acts.
Very respectfully,
President
No. 63
On motion of Rep. McEACHIN the invitation was accepted.
The Senate returned to the House with concurrence the following:
H. 3962 -- Reps. Mangum, McAbee, Carnell, P. Harris and Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MR. BART COX, PRESIDENT OF THE SOUTH CAROLINA BEER ASSOCIATION, UPON BEING NAMED 1986 ASSOCIATION EXECUTIVE OF THE YEAR BY THE SOUTH CAROLINA SOCIETY OF ASSOCIATION EXECUTIVES.
H. 3963 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE REVEREND J. BURDELL FLOYD OF NEW ZION, CLARENDON COUNTY, FOR HIS DEDICATED AND DEVOTED SERVICE AS A MEMBER OF THE CLARENDON COUNTY DEPARTMENT OF SOCIAL SERVICES.
H. 3970 -- Reps. T. Rogers, J. Brown, M.D. Burriss, T.M. Burriss, Evatt, Faber, Hearn, Lloyd I. Hendricks, McBride, Taylor, Toal, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, R. Brown, J.H. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Helmly, B. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Thrailkill, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF BARRY NAYLOR, SR., AND HIS WIFE, YVONNE S. NAYLOR, OF COLUMBIA, UPON THEIR TRAGIC DEATH IN AN AUTOMOBILE ACCIDENT ON SATURDAY, MAY 24, 1986.
H. 3947 -- Reps. Schwartz, Griffin, Blanding, G. Brown and W. Arthur: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BYPASS WHICH IS LOCATED ON THE NORTHWESTERN, NORTHERN, NORTHEASTERN, AND EASTERN SIDES OF THE CITY OF SUMTER ORIGINATING AT U. S. 76 AND U. S. 378 NORTHWEST OF SUMTER AND ENDING ON THE EASTERN SIDE OF THE CITY AT U. S. 378, THE ROBERT E. GRAHAM FREEWAY, AND TO REPEAL H. 3370 OF 1986, A CONCURRENT RESOLUTION REQUESTING THAT THE DEPARTMENT NAME WESMARK BOULEVARD AND CARTER ROAD IN SUMTER COUNTY THE ROBERT E. GRAHAM BOULEVARD.
H. 3971 -- Reps. Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead, Woodruff,: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JAMES J. (JACK) GODBOLD, HOUSE OF REPRESENTATIVES CHIEF PAGE, UPON THE COMPLETION OF HIS SERVICE AND TO EXPRESS TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.
Rep. ALEXANDER moved that the House do now adjourn which was adopted.
At 4:45 P.M. the House in accordance with the motion of Rep. ALEXANDER adjourned to meet at 10:00 A.M. tomorrow.
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