Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Rev. Dr. Ron Dillon, Pastor of Highland Park Baptist Church in Hanahan, S.C.
Our Father in Heaven, Great and Mighty is Your name in all the earth. May all men give You the honor and glory due Your name.
We give You thanks for the full measure of grace we have received in Jesus Christ Your Son. Thank You for the complete salvation Your grace affords. Thank You for the indwelling, abiding, guiding Holy Spirit who is the Spirit of Christ.
We accept the authority You give to human government. Help us to know where our authority comes from and where its limits are. Cause us to use our role in governmental authority with responsibility and integrity. Let every person here serve not just their constituancies but You, oh Lord, with honesty and integrity. Let each one think to do what is right, and not just what is expedient. Let each one see that personal and corporate responsibility does not rest with voters but with You, oh God. May the members of this body be dedicated today as instruments of Your righteousness. When this day is done let every one of us know we have done Your will.
We ask for Your blessings and guidance, and we trust You to lead us.
In Jesus' Name, 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. SHARPE.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.
The following was received.
June 3, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 744)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on June 3, 1986 regulations concerning Final Rules of Procedure from the South Carolina Occupational Health and Safety Review Board.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
The following was received.
Columbia, S.C., June 3, 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. 2008:
H. 2008 -- Reps. Huff, Wilkins, J. Anderson and P. Bradley: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE AND DOMESTIC RELATIONS, BY ADDING ARTICLE 6, SO AS TO PROVIDE FOR THE EQUITABLE APPORTIONMENT OF MARITAL PROPERTY BY THE FAMILY COURTS OF THIS STATE INCLUDING PROVISIONS TO ESTABLISH THOSE FACTORS THE COURT MUST GIVE WEIGHT TO AND CONSIDER WHEN MAKING THE APPORTIONMENT, TO DEFINE WHAT CONSTITUTES MARITAL PROPERTY, TO PROVIDE FOR CERTAIN POWERS, AUTHORITY, AND JURISDICTION OF THE COURT IN THESE MATTERS AND WHEN MAKING THE APPORTIONMENT, TO PERMIT THE PARTIES IN THESE PROCEEDINGS TO RECORD A NOTICE OF THE PENDENCY OF THE PROCEEDING AND APPLY FOR AND RECORD A TRANSCRIPT OF JUDGMENT AND TO PROVIDE FOR THE FORM THAT THE TRANSCRIPT OF JUDGMENT MUST TAKE.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
No. 75
Received as information.
The following was received.
The General Assembly, Columbia, S. C., June 3, l986
The COMMITTEE OF CONFERENCE, to whom was referred H. 2008:
H. 2008 -- Reps. Huff, Wilkins, J. Anderson and P. Bradley: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE AND DOMESTIC RELATIONS, BY ADDING ARTICLE 6, SO AS TO PROVIDE FOR THE EQUITABLE APPORTIONMENT OF MARITAL PROPERTY BY THE FAMILY COURTS OF THIS STATE INCLUDING PROVISIONS TO ESTABLISH THOSE FACTORS THE COURT MUST GIVE WEIGHT TO AND CONSIDER WHEN MAKING THE APPORTIONMENT, TO DEFINE WHAT CONSTITUTES MARITAL PROPERTY, TO PROVIDE FOR CERTAIN POWERS, AUTHORITY, AND JURISDICTION OF THE COURT IN THESE MATTERS AND WHEN MAKING THE APPORTIONMENT, TO PERMIT THE PARTIES IN THESE PROCEEDINGS TO RECORD A NOTICE OF THE PENDENCY OF THE PROCEEDING AND APPLY FOR AND RECORD A TRANSCRIPT OF JUDGMENT AND TO PROVIDE FOR THE FORM THAT THE TRANSCRIPT OF JUDGMENT MUST TAKE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 7 of Title 20 of the 1976 Code is amended by adding:
Section 20-7-471. During the marriage a spouse shall acquire, based upon the factors set out in Section 20-7-472, a vested special equity and ownership right in the marital property as defined in Section 20-7-473, which equity and ownership right are subject to apportionment between the spouses by the family courts of this State at the time marital litigation is filed or commenced as provided in Section 20-7-472.
Section 20-7-472. In a proceeding for divorce a vinculo matrimonii or separate support and maintenance, or in a proceeding for disposition of property following a prior decree of dissolution of a marriage by a court which lacked personal jurisdiction over an absent spouse or which lacked jurisdiction to dispose of the property, and in other marital litigation between the parties, the court shall make a final equitable apportionment between the parties of the parties' marital property upon request by either party in the pleadings.
In making apportionment, the court must give weight in such proportion as it finds appropriate to all of the following factors:
(1) The duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance or other marital action between the parties;
(2) Marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce as such, if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage; provided, that no evidence of personal conduct which would otherwise be relevant and material for purposes of this subsection shall be considered with regard to this subsection if such conduct shall have taken place subsequent to the happening of the earliest of (a) entry of a pendente lite order in a divorce or separate maintenance action; (b) formal signing of a written property or marital settlement agreement; or (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.
(3) The value of the marital property, whether the property be within or without the State. The contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; provided, that the court shall consider the quality of the contribution as well as its factual existence.
(4) The income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets.
(5) The health, both physical and emotional, of each spouse;
(6) The need of each spouse or either spouse for additional training or education in order to achieve that spouses's income potential;
(7) The nonmarital property of each spouse;
(8) The existence or non-existence of vested retirement benefits for each or either spouse;
(9) Whether separate maintenance or alimony has been awarded;
(10) The desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children;
(11) The tax consequences to each or either party as a result of any particular form of equitable apportionment;
(12) The existence and extent of any support obligations, from a prior marriage or for any other reason or reasons, of either party;
(13) Liens and any other encumbrances upon the marital property, which themselves must be equitably divided, or upon the separate property of either of the parties, and any other existing debts incurred by the parties or either of them during the course of the marriage;
(14) Child custody arrangements and obligations at the time of the entry of the order; and
(15) Such other relevant factors as the trial court shall expressly enumerate in its order.
The court's order as it affects distribution of marital property shall be a final order not subject to modification except by appeal or remand following proper appeal.
Section 20-7-473. The term 'marital property' as used in this article means all real and personal property which has been acquired by the parties during the marriage and which is owned as of the date of filing or commencement of marital litigation as provided in Section 20-7-472 regardless of how legal title is held, except the following, which constitute nonmarital property:
(1) Property acquired by either party by inheritance, devise, bequest, or gift from a party other than the spouse.
(2) Property acquired by either party before the marriage and property acquired after the happening of the earliest of (a) entry of a pendente lite order in a divorce or separate maintenance action; (b) formal signing of a written property or marital settlement agreement; or (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.
(3) Property acquired by either party in exchange for property described in items (1) and (2) of this section.
(4) Property excluded by written contract of the parties. 'Written contract' includes any antenuptial agreement of the parties which must be considered presumptively fair and equitable so long as it was voluntarily executed with both parties separately represented by counsel and pursuant to the full financial disclosure to each other that is mandated by the rules of the family court as to income, debts, and assets.
(5) Any increase in value in nonmarital property, except to the extent that the increase resulted directly or indirectly from efforts of the other spouse during marriage.
Interspousal gifts of property, including gifts of property from one spouse to the other made indirectly by way of a third party, are marital property which is subject to division.
The court does not have jurisdiction or authority to apportion nonmarital property.
Section 20-7-474. In determining the value of contributions prior to making an equitable apportionment, the court:
(1) Shall make findings of fact from credible evidence of the values of property and services, if any.
(2) Is empowered to take judicial notice of official reports of the federal and state governments, including official bulletins, publications, and reports of general public interest where these reports are made and published by authority of law or have been adopted by state statute.
(3) Has the authority to appoint experts as necessary for the purpose of valuation of property and contributions and to assess the cost against any or all parties to the action.
Section 20-7-475. (1) At any stage of a proceeding under this article where it appears to the court that personal jurisdiction may not be obtained over an absent party or where a party refuses to comply with an order of the court, the court may, upon appropriate petition, order the sequestration of that party's real and personal property which is within this State. The court may also appoint a sequestrator and, by injunction or otherwise, authorize the sequestrator to take the property into possession and control. In the case of an absent party, the court may appoint the party residing in this State as sequestrator.
(2) The property sequestered and the income from it may be applied in whole or in part, at the direction of the court and as justice may require, so as to achieve an equitable apportionment of property as set forth in this article.
(3) Additionally, the court, in its discretion, if the property and income from it which may be sequestered is insufficient to pay what is required, may, upon terms and conditions as it considers in the interests of justice, direct the mortgaging of or the public or private sale of a sufficient amount of the sequestered property to pay what is required.
(4) The family court in which the action is filed has jurisdiction and venue to sequester property located within this State.
(5) The remedies in this section are cumulative to all other remedies which may be available to the parties.
Section 20-7-476. The court may direct a party to execute and deliver any deed, bill of sale, note, mortgage, or other document necessary to carry out its order of equitable apportionment. If a party so directed fails to comply, the court may direct the clerk of court in the county in which the property involved is situate to execute and deliver the document, and this performance by the clerk is as effective as the performance of the party would have been. The court in making an equitable apportionment may order the public or private sale of all or any portion of the marital property upon terms it determines.
The court may utilize any other reasonable means to achieve equity between the parties, which means are subject to and may not be inconsistent with the other provisions of this article and may include making a monetary award to achieve an equitable apportionment. Any monetary award made does not constitute a payment which is treated as ordinary income to the recipient under either the provisions of Chapter 7 of Title 12 or, to the extent lawful, under the United States Internal Revenue Code.
Section 20-7-477. In a proceeding under this article, either party may record a notice of the pendency of proceedings in the manner provided in civil actions generally, which has the same effect as a notice in civil actions.
Upon entry of judgment against a party requiring payment of money or transfer of property, whether by interlocutory order or final decree, a party may apply to the court for issuance of a transcript of judgment in the form prescribed in Section 20-7-478. This transcript may be recorded in the office of the clerk of court of common pleas and indexed in the books of abstracts of judgments of any county of this State as provided by law.
After the order or decree has been duly recorded and indexed in the office of the clerk of court of common pleas, the order or decree has all force and effect of judgments of the courts of common pleas as provided by law, the recording and indexing constituting record notice to all persons of the order or decree recorded and indexed.
The recordation and filing of a transcript of judgment does not prevent the court from exercising any equitable or other presently existing power of enforcement of the order or decree which is within its jurisdiction.
The statutory lien created by Section 20-3-145 is not effective as against third parties unless this section has been complied with.
Section 20-7-478. A transcript of judgment may be substantially in the following form:
STATE OF SOUTH CAROLINA
COUNTY OF IN THE FAMILY COURT
______________________,
Petitioner,
vs.
_____________________, TRANSCRIPT OF JUDGMENT
Respondent.
NOTICE IS HEREBY GIVEN that in the above-captioned proceeding, (Family court docket # of proceeding or domestic judgment #), filed in the family court of the State and county aforesaid, judgment was entered against __________________________, the ___________________ in the action, on the __________ day of _____________, 19____, [in the amount of ____________________________, as and by reason of (an award of attorney's fees, equitable division of property, etc.)] OR (requiring conveyance to ________________ of the real property described as following:) Attorneys of record are _______________________, representing the petitioner and________________, representing the respondent.
FURTHER NOTICE IS GIVEN that interest will accrue at the statutory rate from the ______day of _____________19______, together with costs in the amount of ___________________.
________________________________________
Judge of the Family court
place
____________________________
date
____________________________
Section 20-7-479. The family courts of this State have subject matter jurisdiction over all contracts relating to property which is involved in a proceeding under this article and over the construction and enforcement of those contracts.
SECTION 2. This act shall take effect upon approval by the Governor and shall apply to all actions then pending in which a notice of intention to appeal has not been filed, and in all actions thereafter filed in the family courts of this State./
Amend title to conform.
Thomas E. Smith, Jr. Palmer Freeman, Jr. Nikki G. Setzler Thomas E. Huff James E. Bryan, Jr. David H. Wilkins On Part of the Senate. On Part of the House.
Rep. HUFF explained the Conference Report.
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., June 3, 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. 2532:
H. 2532 -- Reps. Beasley, J. Rogers, Gentry, Huff, J. Anderson, Toal, Sheheen, Lewis and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 33-42-2030, 33-42-2040, AND 33-42-2050 SO AS TO PROVIDE FOR THE APPLICATION OF ACT 491 OF 1984 (UNIFORM LIMITED PARTNERSHIP ACT OF 1976) TO DOMESTIC LIMITED PARTNERSHIPS; TO AMEND SECTIONS 33-42-20, 33-42-30, 33-42-60, 33-42-210, 33-42-220, 33-42-250, 33-42-290, 33-42-430, 33-42-610, 33-42-1420, 33-42-1430, 33-42-1620, AND 33-42-1640, ALL RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT OF 1976, SO AS TO MAKE TECHNICAL MODIFICATIONS AND CLARIFY AMBIGUITIES AND PROVIDE THAT THE PROVISIONS OF THIS ACT ARE EFFECTIVE RETROACTIVELY TO JUNE 27, 1984.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
No. 77
Received as information.
The following was received.
Columbia, S. C., June 3, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 808:
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.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
No. 70
Received as information.
The following was received.
Columbia, S. C., June 4, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1048:
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.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
No. 82
Received as information.
The following was received.
Columbia, S. C., June 4, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1073:
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.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
No. 83
Received as information.
The following was received.
Columbia, S. C., June 4, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1075:
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.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
No. 84
Received as information.
The following was received.
Columbia, S. C., June 4, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1078:
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.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
No. 85
Received as information.
The following was received.
Columbia, S.C., June 4, 1986
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:15 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
No. 81
On motion of Rep. P. BRADLEY the invitation was accepted.
The following was received.
Columbia, S.C., June 3, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Lourie, Leventis and Giese of the Committee of Free Conference on the part of the Senate on H. 2314:
H. 2314 -- Rep. Fair: A BILL TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BICYCLES AND OTHER PLAY VEHICLES BY ADDING SECTION 56-5-3510 SO AS TO INCREASE THE LAWFUL AGE FOR THE OPERATION OF PEDAL BICYCLES WITH HELPER MOTORS RATED LESS THAN ONE HORSEPOWER (MOPEDS) FROM TWELVE TO FIFTEEN YEARS OF AGE, AND TO INCREASE THE PENALTY FOR VIOLATIONS; TO AMEND ARTICLE 1, CHAPTER 1 OF TITLE 56 RELATING TO DRIVERS' LICENSES BY ADDING SECTION 56-1-570 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF SECTION 56-5-3510 IS PROHIBITED FOR A PERIOD OF SIX MONTHS FROM THE DATE OF LAST CONVICTION FROM APPLYING FOR A DRIVER'S LICENSE; AND TO REPEAL ACT 287 OF 1973 AND ACT 156 OF 1977 WHICH NOW CONTAIN PROVISIONS REGULATING THE OPERATION OF THESE PEDAL BICYCLES.
Very respectfully,
President
No. 76
Received as information.
The Senate returned to the House with amendments the following:
H. 3927 -- Reps. Alexander, Blackwell, P. Bradley, Brett, Fair, Mattos, Rice, Shelton and Wilkins: A BILL TO AMEND CHAPTER 11 OF TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS, BY ADDING SECTION 6-11-285 SO AS TO PROVIDE FOR THE IMPOSITION OF A CIVIL PENALTY BY POLITICAL SUBDIVISIONS FOR VIOLATIONS OF ORDINANCES OR REGULATIONS OF THESE SUBDIVISIONS WHICH RELATE TO WATER OR WASTEWATER FACILITIES.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 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.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3345 -- Reps. Kirsh, White, Rawl, Washington, D. Martin, Winstead, Freeman, Foster, J. Rogers, Hawkins and Gordon: A BILL TO AMEND SECTIONS 20-7-1740, 20-7-1780, AS AMENDED, 20-7-1900, 20-7-1930 THROUGH 20-7-1970, 20-7-2000 THROUGH 20-7-2020, 20-7-2060, AND 20-7-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION PROVISIONS IN THE CHILDREN'S CODE, SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO DELETE ALL REFERENCES TO THE CHILDREN'S BUREAU (BUREAU); SECTIONS 20-7-2300 THROUGH 20-7-2310, AND 20-7-2340, AS AMENDED, RELATING TO THE BUREAU, SO AS TO DELETE ALL PROVISIONS PERTAINING TO THE BUREAU, PROVIDE THAT THE CHILD IS THE PRIMARY CLIENT OF STATE ADOPTIVE PROGRAMS, ESTABLISH A SINGLE PUBLIC ADOPTION SYSTEM WITHIN THE DEPARTMENT, PROVIDE FOR THE ADMINISTRATION OF THE PUBLIC ADOPTION AGENCY BY THE DEPARTMENT, AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH FEES FOR ADOPTION AND RELATED SERVICES; TO ADD SECTION 20-7-1945 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES (DEPARTMENT) TO CONDUCT A STUDY OF THE ADEQUACY OF MEDICAL, SHELTER, AND SUPPORT SERVICES FOR BIRTH PARENTS AND DETERMINE WHAT IMPROVEMENTS ARE NEEDED TO ESTABLISH A TRANSITION COMMITTEE TO ASSIST IN THE TRANSFER OF ALL OPERATIONS FROM THE BUREAU TO THE DEPARTMENT, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL MAKE AS PROMPTLY AND PRACTICABLE AS POSSIBLE THE NECESSARY TRANSFERS TO CARRY OUT THE TRANSITION COMMITTEE'S PLAN, AND TO PROVIDE FOR THE COMPOSITION, POWERS, AND DISSOLUTION OF THE COMMITTEE; TO PROVIDE THAT ALL APPLICATIONS ON FILE WITH THE BUREAU AND THE DEPARTMENT ON THE EFFECTIVE DATE OF THIS ACT SHALL RECEIVE PRIORITY CONSIDERATION FOR ADOPTIVE PLACEMENTS WITH THE DEPARTMENT; TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ACT; AND TO REPEAL SECTIONS 20-7-1830 THROUGH 20-7-1890, 20-7-2320, 20-7-2325, 20-7-2330, AND 20-7-2350 THROUGH 20-7-2370 RELATING TO THE VARIOUS RESPONSIBILITIES OF THE BUREAU REGARDING ADOPTION, THE PROVISIONS AUTHORIZING THE BOARD OF DIRECTORS OF THE BUREAU TO PRESCRIBE POLICIES AND ADMINISTRATIVE DUTIES OF THE BUREAU, DISBURSEMENT OF FUNDS APPROPRIATED TO THE BUREAU BY THE GENERAL ASSEMBLY, THE PROVISIONS CONCERNING THE FEES FOR SERVICES PROVIDED BY THE BUREAU, REQUIREMENT THAT THE BOARD OF DIRECTORS MUST HIRE A SUPERVISOR OF THE BUREAU, THE REQUIREMENT OF AN ANNUAL REPORT BY THE BUREAU, AND THE PENALTY PROVISIONS FOR VIOLATION OF SUBARTICLE 3 OF ARTICLE 13 OF CHAPTER 20 OF TITLE 7 (CHILDREN'S BUREAU).
Rep. KIRSH explained the Senate Amendment.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was received from the Senate.
Columbia, S.C., June 3, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2826:
H. 2826 -- Rep. Gulledge: A BILL TO AMEND SECTION 16-23-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS TO THE PROVISIONS OF ARTICLE 3 OF CHAPTER 23 OF TITLE 16 CONCERNING MACHINE GUNS, SAWED-OFF SHOT GUNS, AND RIFLES, SO AS TO EXEMPT DEALERS LICENSED UNDER THE PROVISIONS OF THE FEDERAL GUN CONTROL ACT FROM THE PROVISIONS OF THIS ARTICLE.
and asks for a Committee of Conference and has appointed Senators Courson, Powell and Drummond of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 78
Whereupon, the Chair appointed Reps. TOAL, HEARN and S. ANDERSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Chamblee Cleveland Cooper Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Lake Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rigdon Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker Waldrop Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on June 4, 1986.
B.J. Gordon Palmer Freeman Tom G. Woodruff, Jr. Charles L. Griffin III Bill Cork A. Victor Rawl
STATEMENTS OF ATTENDANCE
Rep. STODDARD signed a statement with the Clerk that he came in after the roll call and was present for the Session on Wednesday, May 28, 1986.
Reps. KOON and SNOW signed a statement with the Clerk that they came in after the roll call and were present for the Session on Thursday, May 29, 1986.
Rep. HUFF signed a statement with the Clerk that he came in after the roll call and was present for the Session on Tuesday, June 3, 1986.
The SPEAKER granted Rep. MARCHANT a leave of absence for the day.
At 12:15 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R526) 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.
(R527) S. 1120 -- Fish, Game and Forestry Committee: AN ACT 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.
(R528) S. 778 -- Senators Doar, Lourie and McLeod: AN ACT TO ALLOW A NONREFUNDABLE STATE INCOME TAX CREDIT OF TWENTY PERCENT, NOT TO EXCEED THREE HUNDRED DOLLARS, FOR EXPENSES PAID BY THE TAXPAYER TO AN INSTITUTION PROVIDING SKILLED OR INTERMEDIATE CARE.
(R529) S. 836 -- Senators E. Patterson, Theodore and Nell W. Smith: AN ACT TO AMEND SECTION 20-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S POLICY OF THE STATE OF SOUTH CAROLINA, SO AS TO PROVIDE THAT EACH AGENCY, DEPARTMENT, INSTITUTION, COMMITTEE, OR COMMISSION WHICH IS CONCERNED OR RESPONSIBLE FOR CHILDREN MUST SUBMIT CERTAIN INFORMATION REGARDING THE SERVICES IT PROVIDES FOR CHILDREN AS PART OF ITS ANNUAL BUDGET REQUEST AND AS PART OF ANY ANNUAL REPORT TO THE GENERAL ASSEMBLY IT IS REQUIRED TO SUBMIT BY LAW, AND TO MAKE THE ABOVE REQUIREMENTS APPLICABLE TO ALL AGENCIES AND NOT JUST STATE AGENCIES WHICH ARE CONCERNED WITH OR ARE RESPONSIBLE FOR CHILDREN.
(R530) S. 693 -- Senators Hayes and Hinson: AN ACT TO AMEND SECTION 53-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR AMUSEMENT PARKS AND RECOGNIZED STATE AND COUNTY FAIRS TO OPERATE ON SUNDAYS, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PROHIBIT SUNDAY OPERATION OF RECOGNIZED STATE AND COUNTY FAIRS BETWEEN THE HOURS OF 10:00 A.M. AND 1:00 P.M.
(R531) S. 1267 -- Senators Lee, Horace C. Smith, Lake and E. Patterson: AN ACT TO AMEND ACT 612 OF 1984, RELATING TO THE ELECTION OF TRUSTEES FOR THE SCHOOL DISTRICTS OF SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD TO REAPPOINT AN INCUMBENT TRUSTEE, IN THE EVENT NO ONE HAS FILED A PETITION OF CANDIDACY, AT LEAST SIXTY DAYS BEFORE THE ELECTION INSTEAD OF AT THE TIME HIS TERM EXPIRES.
(R532) S. 694 -- Senator Applegate: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-23-43 SO AS TO PROVIDE FOR SUBDIVISION REGULATIONS FOR RESERVATION AND DEDICATION OF LAND FOR PUBLIC RECREATIONAL PURPOSES OR THE PAYMENT OF CASH CONTRIBUTIONS EARMARKED IN LIEU OF THOSE PURPOSES AND TO REQUIRE A LOCAL GOVERNING BODY TO ADOPT REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION IN ORDER TO AVAIL ITSELF OF THE POWERS CONFERRED BY ARTICLE I OF CHAPTER 23 OF TITLE 5 (ZONING) AND ESTABLISH WHAT MUST BE CONTAINED IN THE REGULATION; SECTION 5-23-45 SO AS TO AUTHORIZE THE ZONING COMMISSION IN ACCORDANCE WITH A CENTRAL BUSINESS DISTRICT PARKING FACILITY PLAN AND PROGRAM, TO RECOMMEND TO THE LOCAL LEGISLATIVE BODY REGULATIONS WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS WITHIN SUCH DISTRICT IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATION OF LAND EARMARKED FOR PUBLIC PARKING SPACES; SECTION 5-23-47 SO AS TO AUTHORIZE THE LOCAL GOVERNING BODY AFTER REVIEW BY THE ZONING COMMISSION TO ADOPT CONDITIONAL USE REGULATIONS FOR PLANNED RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-605 SO AS TO PROVIDE FOR SUBDIVISION REGULATIONS FOR RESERVATION AND DEDICATION OF LAND FOR PUBLIC RECREATIONAL PURPOSES OR THE PAYMENT OF CASH CONTRIBUTIONS EARMARKED IN LIEU OF THOSE PURPOSES AND TO REQUIRE A LOCAL GOVERNING BODY TO ADOPT REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION IN ORDER TO AVAIL ITSELF OF THE POWERS CONFERRED BY ARTICLE 5 OF CHAPTER 23 OF TITLE 5 (PLANNING COMMISSIONS) AND ESTABLISH WHAT MUST BE CONTAINED IN THE REGULATION; SECTION 5-23-685 SO AS TO AUTHORIZE THE LOCAL GOVERNING BODY AFTER REVIEW BY THE ZONING COMMISSION TO ADOPT CONDITIONAL USE REGULATIONS FOR PLANNED RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-687 SO AS TO AUTHORIZE THE ZONING COMMISSION IN ACCORDANCE WITH A CENTRAL BUSINESS DISTRICT PARKING FACILITY PLAN AND PROGRAM TO RECOMMEND TO THE LOCAL LEGISLATIVE BODY REGULATIONS WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS WITHIN SUCH DISTRICT IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATIONS OF LAND EARMARKED FOR PUBLIC PARKING SPACES; TO AMEND SECTION 5-23-20, RELATING TO THE DIVISION OF A MUNICIPALITY INTO ZONING DISTRICTS, SO AS TO ADD TO THE POWERS CONFERRED UPON A MUNICIPAL GOVERNING BODY THE AUTHORITY TO REQUIRE OFF-STREET PARKING AND LOADING AND TO PROVIDE THAT THE REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION MAY PROVIDE THAT LAND, BUILDINGS, AND STRUCTURES AND THE USES THEREOF, WHICH ARE LAWFUL AT THE TIME OF ENACTMENT OR AMENDMENT OF ZONING REGULATIONS, MAY BE CONTINUED; TO AMEND SECTION 5-23-60, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE ZONING COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY APPROVAL OF CONDITIONAL PERMITS AUTHORIZED BY THE ZONING ORDINANCE; TO AMEND SECTION 5-23-620, RELATING TO THE CONTENTS OF REGULATIONS GOVERNING LAND SUBDIVISIONS, SO AS TO MAKE A TECHNICAL AMENDMENT; AND TO AMEND SECTION 5-23-680, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE PLANNING COMMISSION TO THE MUNICIPAL GOVERNING BODY, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND THE APPROVAL OF CONDITIONAL PERMITS.
(R533) S. 1284 -- Senators Dennis, Williams, Drummond, Lourie, Saleeby and J. Verne Smith: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE INSURANCE COMMISSION.
(R534) 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.
(R535) 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.
(R536) S. 1076 -- Fish, Game and Forestry Committee: AN ACT 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".
(R537) S. 1334 -- Senator Land: AN ACT 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.
(R538) 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 AIR-SUPPORTED STRUCTURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 672, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
(R539) S. 739 -- Senator Waddell: AN ACT TO DESIGNATE THE BRIDGE CONNECTING COOSAW ISLAND TO THE MAINLAND IN BEAUFORT COUNTY THE "L. G. BARNWELL BRIDGE" AND TO PROVIDE FOR THE PAYMENT OF THE MARKERS OR SIGNS.
(R540) S. 1074 -- Fish, Game and Forestry Committee: AN ACT 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.
(R541) 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.
(R542) S. 1047 -- Fish, Game and Forestry Committee: AN ACT 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.
(R543) S. 1099 -- Senator Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 49 SO AS TO PROVIDE FOR AN OFFICE OF STATE CLIMATOLOGY.
(R544) 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.
(R545) 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.
(R546) 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.
(R547) S. 1066 -- Senator Drummond: AN ACT 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.
(R548) S. 1139 -- Senator Setzler: AN ACT TO AMEND ACT 201 OF 1977, AS AMENDED, RELATING TO THE LICENSING AND REGULATION OF NONPUBLIC EDUCATIONAL INSTITUTIONS, SO AS TO PROVIDE THE REQUIREMENTS OF LICENSURE, TO PROVIDE FOR AMENDMENT OF A LICENSE, AND TO LIMIT THE PROGRAMS THAT MAY BE OFFERED.
(R549) 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.
(R550) S. 1275 -- Senator Ravenel: AN ACT 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 AND TO AMEND SECTION 12-37-800, RELATING TO PENALTIES FOR FAILURE TO LIST PERSONAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO ALLOW THE TAX COMMISSION TO WAIVE OR REDUCE THE PENALTY FOR GOOD CAUSE SHOWN.
(R551) H. 3535 -- Rep. Lockemy: AN ACT TO AMEND ARTICLE 7, CHAPTER 17 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR JUDICIAL COMMITMENT, BY ADDING SECTION 44-17-660 SO AS TO PROVIDE THAT MONIES APPROPRIATED TO IMPLEMENT THE PROVISIONS OF ARTICLE 7, CHAPTER 17 OF TITLE 44 MAY BE PAID TO A STATE EMPLOYEE IF THE EMPLOYEE IS NOT PERFORMING HIS OFFICIAL DUTIES AS A STATE EMPLOYEE AND IS NOT A FULL-TIME STATE EMPLOYEE.
(R552) H. 3714 -- Rep. Ferguson: AN ACT TO AMEND SECTION 44-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN TO DETECT INBORN METABOLIC ERRORS, SO AS TO REQUIRE THAT TESTING FOR HEMOGLOBINOPATHIES MUST ALSO BE CONDUCTED, AND REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PRESCRIBE BY REGULATION THE PROVISION OF APPROPRIATE COUNSELING AND MEDICAL REFERRAL IN CONNECTION WITH THE TESTING.
(R553) H. 3934 -- Charleston Delegation: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1986-87 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1986-87.
(R554) H. 3935 -- Reps. Bennett, K. Bailey and Mitchell: AN ACT TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE THAT IN SCHOOL DISTRICTS 3 AND 8 TAX MILLAGE MAY BE INCREASED BY NO MORE THAN TWELVE MILLS AND IN SCHOOLS DISTRICTS 1, 2, 4, 5, 6, AND 7 INCREASED BY NO MORE THAN FIVE MILLS ABOVE THE INFLATION FACTOR PRESCRIBED BY THE SOUTH CAROLINA EDUCATION IMPROVEMENT ACT OF 1984 WITHOUT A REFERENDUM, AND TO REQUIRE A REFERENDUM IF THE INCREASE EXCEEDS THE FIVE OR TWELVE MILLS LIMITATIONS.
(R555) H. 2846 -- Reps. Keyserling, Washington, T. Rogers, White, McLellan, Barfield, Kirsh, J. Anderson, Toal and Cleveland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-535 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY ANY PLACE, STRUCTURE, OR BUILDING OF WORSHIP.
(R556) H. 3801 -- Rep. McLellan: AN ACT TO APPROPRIATE MONIES IN THE CAPITAL EXPENDITURE FUND FOR FISCAL YEAR 1986-87.
(R557) H. 3912 -- Reps. R. Brown and McLeod: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 4 IN MARION COUNTY TO BORROW NOT EXCEEDING TWO HUNDRED SEVENTY-FIVE THOUSAND DOLLARS, FOR THE PURPOSE OF CONSTRUCTING, IMPROVING, AND REPAIRING SCHOOLS AND SCHOOL BUILDINGS IN THE DISTRICT, AND TO PROVIDE FOR THE METHOD OF PAYMENT OF THE LOAN AND INTEREST BY THE BOARD.
(R558) H. 3107 -- Rep. Tucker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-617 SO AS TO MAKE IT UNLAWFUL TO CULTIVATE OR ATTEMPT TO CULTIVATE MARIJUANA ON THE LAND OF ANOTHER, TO LIMIT THIS OFFENSE TO CASES WHERE AT LEAST TWENTY-FIVE PLANTS ARE CULTIVATED, AND TO PROVIDE A PENALTY.
(R559) H. 3147 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 SO AS TO REGULATE THE COMMITMENT OF CHEMICALLY DEPENDENT PERSONS; AND TO REPEAL CHAPTER 51 OF TITLE 44, RELATING TO ALCOHOLICS AND DRUG ADDICTS.
(R560) H. 3279 -- Ways and Means Committee: AN ACT 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 THE FUNDS MUST BE ONLY ONE OR MORE OF THE FOLLOWING: CAPITAL FUND MONIES, GENERAL OBLIGATION BONDS, OR LEASE PURCHASE AGREEMENTS, AND MUST NOT EXCEED THE AUTHORIZED AMOUNT; AND TO REQUIRE THE FUNDS TO BE RELEASED PURSUANT TO THE NELSON SETTLEMENT DEADLINES; AND TO PROVIDE THAT NO PROJECT AUTHORIZED IN WHOLE OR IN PART FOR CAPITAL IMPROVEMENT BOND FUNDING MAY BE IMPLEMENTED UNTIL FUNDS CAN BE MADE AVAILABLE AND UNTIL THE JOINT BOND REVIEW COMMITTEE, IN CONSULTATION WITH THE BUDGET AND CONTROL BOARD, ESTABLISHES PRIORITIES FOR PROJECT FUNDING AND TO REQUIRE THE COMMITTEE TO REPORT ITS PRIORITIES TO THE GENERAL ASSEMBLY WITHIN THIRTY DAYS OF THE ESTABLISHMENT OF THE FUNDING PRIORITIES.
(R561) H. 3668 -- Agriculture and Natural Resources Committee: AN ACT 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.
(R562) H. 3773 -- Reps. Kirsh, Freeman, Foster, Hayes and Mangum: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-1-15 SO AS TO REQUIRE A PERMIT FROM THE STATE BUDGET AND CONTROL BOARD PRIOR TO BUILDING ANY STRUCTURE TO DAM OR IMPOUND WATERS OF A NAVIGABLE STREAM OR TO DIVERT WATERS FROM A NAVIGABLE STREAM TO GENERATE HYDROELECTRICITY AND TO PROVIDE AN EXCEPTION TO PROJECTS SUBJECT TO CHAPTER 33 OF TITLE 58 (UTILITY FACILITY SITING AND ENVIRONMENTAL PROTECTION ACT) AND TO EXEMPT PROJECTS WHERE THE PROJECT DEVELOPER WITHOUT EXERCISING CONDEMNATION IS THE EXISTING OWNER AND PROJECTS WHICH DO NOT EXCEED SIXTY ACRES INCLUDING IN BOTH CASES INUNDATED LAND.
(R563) H. 3880 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, RELATING TO HEARINGS, LICENSES, SALE AND CONSUMPTION AT NONPROFIT ORGANIZATIONS, PERMITS, DRIVE-IN/DRIVE-THRU ESTABLISHMENTS, AND PROHIBITED INTERESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 720, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
(R564) H. 3943 -- Reps. Huff, J. Anderson and Jones: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-120 SO AS TO PROVIDE THAT RECORDS, PAPERS, OR REPORTS CONCERNING THE DEATH OF A PERSON ON FILE AT ANY HOSPITAL, NURSING HOME, OR OTHER MEDICAL FACILITY IN THIS STATE ARE AVAILABLE TO A CORONER OF ANOTHER STATE IF THE DECEASED PERSON WAS A RESIDENT OF OR IS BURIED IN THE COUNTY IN WHICH THE CORONER SERVES IN THE OTHER STATE, AND TO PROVIDE THAT THE RELEASE OF THESE RECORDS TO THAT CORONER IS NOT PROHIBITED BY THE PROVISIONS OF CHAPTER 3 OF TITLE 30 (FREEDOM OF INFORMATION).
(R565) H. 2792 -- Reps. Sheheen, J. Anderson, Gentry, P. Harris, Waldrop and Blackwell: AN ACT 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, 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 SECTION 1, ARTICLE V OF ACT 690 OF 1976, RELATING TO CERTAIN JUDICIAL PROVISIONS, SO AS TO PROVIDE THAT THE PROBATE COURT OF EACH COUNTY IS PART OF THE UNIFIED JUDICIAL SYSTEM OF THIS STATE; AND TO DESIGNATE SECTION 15, ARTICLE V OF ACT 690 OF 1976 AS SECTION 14-23-1150 OF THE 1976 CODE AND AMEND SECTION 14-23-1150; TO AMEND SECTIONS 12-15-270, 15-9-450, 15-51-30, 20-7-1770, 20-7-1820, AND 44-23-10, CODE OF LAWS OF SOUTH CAROLINA, 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 SECTIONS 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, AND 44-23-820.
(R566) H. 3891 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN OPTOMETRY, RELATING TO USE OF MIOTIC, AND RULES GOVERNING THE MAINTENANCE OF RECORDS BY OPTOMETRISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 582, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
(R567) H. 2353 -- Rep. Harvin: AN ACT TO ENACT "THE ANIMAL FIGHTING AND BAITING ACT", TO PROVIDE FOR THE SEIZURE, CARE, AND DISPOSITION OF ANIMALS AND TO PROVIDE EXCEPTIONS AND PENALTIES; TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF OWNING AN ANIMAL FOR THE PURPOSE OF FIGHTING OR BAITING, BEING A PARTY TO OR CAUSING ANY FIGHTING OR BAITING OF ANY ANIMAL, PURCHASING, RENTING, LEASING, OR OTHERWISE ACQUIRING OR OBTAINING THE USE OF ANY STRUCTURE, FACILITY, OR LOCATION FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL; OR KNOWINGLY ALLOWING OR PERMITTING OR MAKING AVAILABLE ANY STRUCTURE, FACILITY, OR LOCATION TO BE USED FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL AND TO INCLUDE A THIRD OR SUBSEQUENT CONVICTION OF BEING PRESENT AT A LOCATION WITH KNOWLEDGE THAT PREPARATIONS ARE BEING MADE FOR SUCH ACTIVITY.
(R568) H. 3388 -- Reps. Sheheen, Mangum, Gordon, Kirsh, Wilkins, White and Gregory: AN ACT TO AMEND SECTION 40-35-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, SO AS TO REMOVE THE PUBLIC MEMBER FROM THE BOARD; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS.
(R569) H. 3508 -- Reps. Schwartz and Sheheen: AN ACT TO AMEND ARTICLE 1, CHAPTER 13, OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOW, WHEN, AND WHERE ELECTIONS ARE HELD, SO AS TO PROVIDE A PROCEDURE FOR CONDUCTING PARTISAN AND NONPARTISAN SPECIAL ELECTIONS FOR FILLING VACANCIES, EXCEPT FOR THOSE SPECIFIC OFFICES OTHERWISE PROVIDED FOR IN THIS CODE.
(R570) H. 3588 -- Reps. Dangerfield, Aydlette, Winstead, J. Bradley, Carnell, Holt, Rawl, Washington, Foxworth, Stoddard, Simpson, Hearn, Toal, D. Martin, M.D. Burriss, Hawkins, P. Harris, W. Arthur, Barfield and Snow: AN ACT TO AMEND SECTION 57-5-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT RECORDS OF HIGHWAY RIGHTS-OF-WAY FOR EACH ROAD IN A COUNTY BE MAINTAINED IN THE OFFICE OF THE CLERK OF COURT OF THAT COUNTY, SO AS TO PROVIDE THAT THESE RECORDS MUST NOW BE MAINTAINED IN THE OFFICE OF THE TAX ASSESSOR FOR THAT COUNTY.
(R571) H. 3621 -- Reps. Wilkins, P. Bradley, Blackwell, Rice, Mattos, Alexander, Fair, Brett, L. Phillips and Shelton: AN ACT TO PROVIDE FOR THE FILLING OF A VACANCY ON THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY.
At 12:30 P.M. the House resumed, the SPEAKER in the Chair.
Rep. PEARCE moved to waive Rule 6.1, which was agreed to.
The following was received.
The General Assembly, Columbia, S.C., June 3, 1986
The Committee of Conference, to whom was referred:
H. 3671 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450, 50-9-460, 50-9-470, 50-9-500, ALL AS AMENDED, AND SECTIONS 50-9-15, 50-9-135, 50-9-140, AND 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING AND FISHING LICENSES, GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145, 50-9-455, AND ARTICLE 8 TO CHAPTER 11 OF TITLE 50, SO AS TO PROVIDE PENALTIES FOR ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS ON THEM.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, Section 50-9-1020 as contained in SECTION 4 by striking on line 26 of page 13 /18/ and insert /10/.
Amend further, by striking SECTION 11 on page 16 in its entirety.
Renumber remaining sections to conform.
Amend title to conform.
John Drummond H.E. Pearce, Jr. Thomas H. Pope, III Eugene D. Foxworth, Jr. Arthur Ravenel, Jr. Larry E. Gentry On Part of the Senate On Part of the House
Rep. PEARCE explained the Conference Report.
Rep. BEASLEY raised the Point of Order that, in compliance with Rule 5.15, consideration of the Conference Committee Report was out of order until printed in the Journal.
The SPEAKER sustained the Point of Order.
Rep. PEARCE moved to waive Rule 5.15.
Rep. WALDROP moved to table the motion, which was not agreed to.
The question then recurred to the motion to waive Rule 5.15, which was agreed to by a division vote of 63 to 25.
Rep. PEARCE explained the Conference Report.
Rep. BARFIELD moved that the House recede until 3:00 P.M.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Barfield Gilbert Jones Lake McEachin McKay Nettles Sharpe Simpson Thrailkill
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Arthur, J. Bennett Blackwell Boan Brown, H. Brown, J. Burriss, T.M. Carnell Chamblee Cleveland Cooper Dangerfield Davenport Day Derrick Edwards Elliott Faber Felder Foster Foxworth Freeman Gentry Gordon Griffin Harris, J. Harris, P. Hawkins Hayes Helmly Hendricks, B. Holt Huff Johnson, J.W. Kay Kirsh Klapman Lockemy Martin, D. Martin, L. McAbee McBride McLellan McTeer Mitchell Neilson Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Russell Sheheen Short Stoddard Toal Townsend Tucker Waldrop Washington White Williams Winstead Woodruff
So, the House refused to recede.
Rep. PEARCE continued speaking.
Rep. WALDROP spoke against the Conference Report.
Further proceedings were interrupted by unanimous consent requests, the pending question being consideration of the Conference Report.
On motion of Rep. TOAL, with unanimous consent, the following was introduced:
H. 3991 -- Reps. Toal, Hayes, Kirsh, Foster, Short and Sheheen: A HOUSE RESOLUTION TO, BY DIVISION VOTE, WISH OUR DEPARTING COLLEAGUE, REPRESENTATIVE PALMER FREEMAN, JR., MODERATE SUCCESS IN HIS NEW UNDERTAKINGS AS HE LEAVES THE HOUSE OF REPRESENTATIVES.
Whereas, The Honorable Palmer Freeman, Jr., has served for the last ten years in the South Carolina House of Representatives, bestowing upon his colleagues the full measure of his limited intellect, dubious charm, and flawed wisdom; and
Whereas, Representative Freeman has been an ardent supporter of escalating salaries and retirement benefits for members of the judiciary, a position which is now more clearly understood in light of Representative Freeman's economic dependence upon that source of income; and
Whereas, Representative Freeman joins a law firm in Columbia whose distinguished past will be jeopardized by the presence not only of a has-been legislator, but also a has-been mayor, prompting associates to install larger-than-life mirrors in the executive washroom as a reminder of bygone political glories; and
Whereas, Representative Freeman's alleged resemblance to Omar Sharif can now be exposed as a hoax, indulged in by colleagues only as a means of getting Representative Freeman's mind off jogging and other nocturnal activities; and
Whereas, Representative Freeman has been humored into believing he played a major role in reapportionment and other major legislation, when in fact his most significant accomplishment was answering three consecutive roll calls in March of 1979; and
Whereas, Representative Freeman leaves to his colleagues on the York County Delegation the certain, and not altogether unpleasant, knowledge that he is not only leaving office, but leaving the county as well; and
Whereas, Representative Freeman leaves to his House colleagues an unblemished and uncompromising record of support for adjournment motions. Now, therefore, by division vote,
Be it resolved by the House of Representatives:
That the Sergeant-at-Arms is instructed to bar Representative Freeman from admittance to the House floor for purposes of lobbying for higher judicial salaries.
Be it further resolved that the House does hereby amend this resolution by striking all after the resolving words and inserting therefor the following;
"Best Wishes, Palmer. We'll Miss You Very Much."
Rep. TOAL read the Resolution.
Reps. HAYES, FOSTER, KIRSH, SHORT, and SHEHEEN made statements relative to Rep. PALMER FREEMAN.
The Resolution was adopted.
On motion of Rep. EDWARDS, with unanimous consent, the following was introduced:
H. 3992 -- Reps. Edwards, Schwartz, S. Anderson, Mangum, P. Harris, Carnell and Dangerfield: A CONCURRENT RESOLUTION TO COMMEND MR. JAMES L. WALKER, JR., OF COLUMBIA FOR HIS OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA AS DIRECTOR OF PUBLIC RELATIONS FOR THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND IN OTHER CAPACITIES UPON THE OCCASION OF HIS RETIREMENT.
Rep. EDWARDS explained the Concurrent Resolution.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. CLEVELAND introduced Miss S.C. Farm Bureau, 1986, Miss Lee Finley of Westminster.
Rep. T. ROGERS moved to reconsider the vote whereby the Conference Report on H. 2008 was adopted, and the motion was noted.
On motion of Rep. CARNELL, with unanimous consent, the following Resolution was ordered recalled from the Senate.
S. 1354 -- Senators Powell, Macaulay, Drummond and Garrison: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE CERTAIN HIGHWAYS EXTENDING FROM OCONEE COUNTY TO THE GEORGIA STATE LINE IN MCCORMICK COUNTY THE "SAVANNAH RIVER SCENIC HIGHWAY".
The following was introduced:
H. 3993 -- Reps. Sheheen and J. Rogers: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS AND BEST WISHES TO THE OFFICERS AND EMPLOYEES OF CAROLINA BANK AND TRUST COMPANY ON ITS FIFTIETH ANNIVERSARY AND TO COMMEND IT FOR REACHING THIS SIGNIFICANT MILESTONE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up.
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.
Rep. LEWIS, with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 5101R), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Beginning January 1, 1987, the board of trustees of the school district of Fairfield County shall consist of seven members, one of whom must be elected at large from the county and six of whom must be elected from single-member election districts as provided in Section 2. The members must be elected in the general election for terms of four years and until their successors are elected and qualify. The candidate having the highest plurality is elected. Vacancies on the board must be filled by appointment of the Fairfield County Legislative Delegation until the next general election at which time a successor must be elected for the unexpired term or for a full term as the case may be. Except that in the general election of 1986, and except for Districts 3 and 6 as established in Section 2, the member from the county at-large and the member from one of the remaining four districts determined by lot by the delegation must be elected for terms of four years and until their successors are elected and qualify. The members of the remaining three districts from which a member must be elected in the 1986 general election shall be elected for terms of two years and until their successors are elected and qualify. The member of the board whose term expires in 1987 and the member whose term expires in 1988 shall continue to serve until their successors, who will be elected to represent Districts 3 and 6 in the general election following the expiration of their terms. Successors must be elected for regular four-year terms.
SECTION 2. The members of the board of trustees of the school district of Fairfield County from single-member districts must be elected from each of the following single-member election districts and the member at-large must be elected from the entire county.
Dist. No. Pop. of Variance
and Composition Dists.
District No. 1
Ridgeway Division
ED 326 244
ED 327 0
ED 329 265
Winnsboro North Division
ED 333 1,298
Winnsboro South Division
ED 348 273
ED 351 582
ED 352 231
BNA 9901
BLKS 112 11
116-118 246
121-130 258
3,408 -1.22
District No. 2
Winnsboro South Division
BNA 9901
BG 3 1,535
ED 346 1,297
ED 347 593
3,425 -0.72
District No. 3
Winnsboro South Division
ED 349 A 397
ED 350 1,314
ED 353 1,839
3,550 +2.89
District No. 4
Monticello-Salem Division 2,366
Winnsboro South Division
ED 354 506
ED 355 520
3,392 -1.68
District No. 5
Ridgeway Division
ED 331 369
ED 332 476
ED 330 2,231
ED 325 343
Winnsboro South Division
ED 328 11
3,430 -0.58
District No. 6
Winnsboro North Division
ED 334 104
ED 335 508
ED 336 282
ED 337 123
ED 338 868
ED 339 66
ED 340 41
ED 341 618
ED 349 B 16
BNA 9901
Blks. 101-111 228
113-115 56
119-120 37
BG 2 548
3,495 +1.30/
SECTION 3. In the event a member of the board from a single-member district moves his residence from the election area from which he was elected his office automatically becomes vacant and his successor must be chosen in the manner prescribed in Section 1.
SECTION 4. All persons desiring to qualify as a candidate for election to the board of trustees from a single-member district shall file a petition containing five percent of the qualified electors of the district from which they are to be elected or of the county if he seeks the at-large position forty-five days prior to the election. The petition must be certified by the Fairfield County Board of Registration. Any person desiring to qualify as a candidate for the board as an at-large member shall file his intention to run as a candidate with the Fairfield County Board of Registration. The county election commission shall conduct and supervise all elections for members of the board in the manner governed by the election laws of this State, mutatis mutandi. The commission shall prepare a nonpartisan ballot to be used for the election of all members of the board which shall substantially comply with the provisions of Article 3 of Chapter 13 of Title 7 of the 1976 Code, appoint managers for the voting precincts, and do all things necessary to carry out the election, including the counting of ballots and declaring the results. The commission shall advertise the date of the election sixty days preceding the election in a newspaper of general circulation published in Fairfield County and shall publish a second notice two weeks thereafter. The cost of the election must be borne by the county. The candidates receiving the highest number of votes are declared elected. The members of the board of trustees elected in the general election shall take office on January first of the following year.
SECTION 5. The board of trustees shall hold meetings as may be necessary upon the call of the chairman or a majority of the board members. The board shall not hold more than twenty-five meetings in one calendar year. All regular meetings are open to the public. The board shall elect annually from its membership a chairman and a vice-chairman and shall appoint a secretary who shall keep minutes of all meetings and file the minutes in permanent record. The members of the board shall receive per diem of twenty dollars a meeting and mileage while on official business at the same rate as provided for members of state boards, committees, and commissions.
SECTION 6. As soon as practicable after the beginning of the 1986-87 fiscal year and thereafter, the county council shall, by ordinance, establish the millage rate necessary to raise the funds approved for the various local governmental functions. The county council shall confer with the school board prior to establishing this millage, and shall establish the rates in conjunction with the county auditor. Except as hereinabove provided, any duties which are now or which may hereafter by any special or general law be devolved upon the County Board of Education of Fairfield County are hereby imposed upon and devolved upon the board of trustees of the school district of Fairfield County. All remittances and reports required by law to be made by any department of the government to the county board of education must be made to the board of trustees of the school district of Fairfield County."
SECTION 7. Sections 3 and 9 of Act 812 of 1952 are deleted.
SECTION 8. 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 third time and ordered sent to the Senate.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3975 -- Reps. Koon, Klapman, Derrick and Sturkie: A BILL TO PROHIBIT THE GOVERNING BODY OF ANY PUBLIC HOSPITAL FROM CLOSING ANY SATELLITE MEDICAL FACILITY OPERATED BY IT WHICH IS LOCATED IN THE ELEVENTH JUDICIAL CIRCUIT, WHICH HAS BEEN CONSTRUCTED AFTER 1975, WITHOUT THE WRITTEN CONCURRENCE OF THE RESIDENT MEMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATORS IN WHICH THIS SATELLITE FACILITY IS LOCATED.
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.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1264 -- Senator McConnell: A BILL TO AMEND SECTIONS 41-18-40, 41-18-80, AND 41-18-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO DEFINE SPECIAL INSPECTOR, PROVIDE THAT AN AMUSEMENT DEVICE BE INSPECTED BY A SPECIAL INSPECTOR INSTEAD OF BY THE COMMISSIONER OF THE DEPARTMENT OF LABOR FOR AN INITIAL PERMIT AND INSPECTED BY AN ARCHITECT, PROFESSIONAL ENGINEER, OR AN INSPECTOR OF AN INSURANCE UNDERWRITER FOR A SUBSEQUENT PERMIT, AND TO DELETE THE PROVISION THAT FEES ESTABLISHED BY THE COMMISSIONER OF LABOR MUST BE BASED ON COST OF ADMINISTERING THE PROVISIONS OF THE AMUSEMENT RIDES SAFETY CODE WHICH MUST NOT EXCEED FIFTY DOLLARS.
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.
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.
The following Bill was read the third time, passed and, 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.
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.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3990 -- Rep. White: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF HARDEEVILLE BUSINESS DEVELOPMENT CORPORATION.
S. 1331 -- Senator Lourie: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SMITH TIMBER, INC.
Rep. TOAL moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.
S. 1331 -- Senator Lourie: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SMITH TIMBER, INC.
Rep. TOAL proposed the following Amendment No. 1 (Doc. No. 5107R), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section ____. Corporate charter number 18122 in the Secretary of State's Office is revoked effective April 8, 1983. The directors of this corporation, as of April 8, 1983, shall act as the liquidating trustees of the corporation in the same manner as the directors of a dissolved corporation act as its liquidating trustees in the manner provided by law./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Debate was resumed on the following Bill, the pending question being the consideration of the Conference Report.
H. 3671 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450, 50-9-460, 50-9-470, 50-9-500, ALL AS AMENDED, AND SECTIONS 50-9-15, 50-9-135, 50-9-140, AND 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING AND FISHING LICENSES, GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145, 50-9-455, AND ARTICLE 8 TO CHAPTER 11 OF TITLE 50, SO AS TO PROVIDE PENALTIES FOR ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS ON THEM.
Reps. BARFIELD, R. BROWN and J. ARTHUR spoke against the Conference Report.
Rep. FOXWORTH spoke in favor of the Conference Report.
Rep. R. BROWN moved to recommit the Bill to the Conference Committee.
Rep. PEARCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, S. Arthur, J. Barfield Beasley Blackwell Boan Brown, J. Brown, R. Carnell Chamblee Cleveland Cooper Day Elliott Evatt Faber Gilbert Holt Jones Kirsh Klapman Koon McBride McEachin McKay McLeod Moss Neilson Nettles Ogburn Petty Phillips, O. Russell Sharpe Simpson Sturkie Taylor Thrailkill Townsend Tucker Waldrop Woodruff
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Bailey, G. Bailey, K. Bennett Brown, H. Burriss, T.M. Dangerfield Davenport Edwards Fair Felder Ferguson Foxworth Gentry Griffin Harris, J. Harris, P. Harvin Hawkins Helmly Hendricks, B. Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Limehouse Lockemy Martin, D. Martin, L. McLellan McTeer Mitchell Pearce Phillips, L. Rhoad Rice Rogers, T. Sheheen Shelton Short Snow Stoddard Toal Wilkins Williams Winstead
So, the House refused to recommit the Bill to the Conference Committee.
Reps. BARFIELD, WALDROP, R. BROWN and KOON spoke against the Conference Report.
Rep. McEACHIN moved that the House resolve itself into a Committee of the Whole, which was not agreed to by a division vote of 40 to 49.
Rep. SHEHEEN moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
On motion of Rep. P. HARRIS, with unanimous consent, 75 copies of the S.C. Legislative-Governor's Committee on Mental Health and Mental Retardation Report were ordered printed.
Reps. McEACHIN and G. BROWN spoke against the Conference Report.
Rep. T. M. BURRISS spoke in favor of the Conference Report.
Rep. FELDER spoke in favor of the Conference Report.
The question then recurred to the adoption of the Conference Report.
Rep. BARFIELD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Aydlette Bailey, K. Bennett Brown, H. Burriss, M.D. Burriss, T.M. Cooper Cork Dangerfield Davenport Evatt Fair Felder Foster Foxworth Freeman Gentry Gregory Griffin Harvin Hawkins Hayes Helmly Hendricks, B. Huff Johnson, J.C. Kay Keyserling Martin, D. Martin, L. Mattos McLellan McTeer Mitchell Pearce Phillips, L. Rawl Rhoad Rice Rogers, T. Russell Sheheen Shelton Snow Stoddard Toal White Wilkins Williams Winstead
Those who voted in the negative are:
Anderson, S. Arthur, J. Arthur, W. Barfield Blackwell Boan Brown, G. Brown, J. Brown, R. Burriss, J.H. Carnell Chamblee Cleveland Day Derrick Faber Ferguson Gilbert Harris, J. Harris, P. Holt Jones Kirsh Klapman Koon Limehouse Lockemy Mangum McAbee McBride McEachin Moss Nettles Ogburn Petty Phillips, O. Sharpe Short Simpson Sturkie Taylor Thrailkill Townsend Tucker Waldrop Woodruff
So, the report was adopted and a message was ordered sent to the Senate accordingly.
The SPEAKER Pro Tempore granted Rep. WALDROP a leave of absence for the remainder of the day.
The following was received.
Columbia, S.C., June 4, 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. 3671:
H. 3671 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450, 50-9-460, 50-9-470, 50-9-500, ALL AS AMENDED, AND SECTIONS 50-9-15, 50-9-135, 50-9-140, AND 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING AND FISHING LICENSES, GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145, 50-9-455, AND ARTICLE 8 TO CHAPTER 11 OF TITLE 50, SO AS TO PROVIDE PENALTIES FOR ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS ON THEM.
Very respectfully,
President
No. 80
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.
Rep. EVATT moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3236 -- Rep. P. Harris: A BILL TO AMEND SECTION 43-38-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS BY THE OMBUDSMAN OF THE GOVERNOR'S OFFICE, SO AS TO AUTHORIZE A GENERAL HOSPITAL IN WHICH A CLIENT, PATIENT, OR RESIDENT OF A HEALTH FACILITY HAS BEEN TREATED DURING THE PERIOD UNDER INVESTIGATION TO RELEASE MEDICAL RECORDS TO THE OMBUDSMAN UPON HIS WRITTEN REQUEST.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, S. Arthur, J. Aydlette Bailey, K. Beasley Bennett Blackwell Boan Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Cork Dangerfield Davenport Day Derrick Edwards Evatt Faber Fair Felder Ferguson Foster Foxworth Freeman Gentry Gilbert Gregory Griffin Harris, J. Harris, P. Harvin Hayes Helmly Hendricks, B. Holt Huff Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lake Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McLellan McTeer Mitchell Moss Neilson Nettles Ogburn Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, T. Sharpe Sheheen Shelton Short Simpson Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Washington White Winstead Woodruff
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. P. HARRIS, EVATT and BEASLEY to the Committee of Free Conference and a message was sent to the Senate accordingly.
The following was introduced:
H. 3994 -- Rep. Rhoad: A CONCURRENT RESOLUTION CONGRATULATING MRS. JEWEL DAVIS OF DENMARK IN BAMBERG COUNTY FOR BEING SELECTED AS BAMBERG COUNTY'S CITIZEN OF THE YEAR FOR 1986.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3995 -- Richland County Delegation: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND BLUE CROSS AND BLUE SHIELD OF SOUTH CAROLINA ON THE OCCASION OF ITS FORTIETH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1364 -- Senator Wilson: A CONCURRENT RESOLUTION COMMENDING WILLIAM K. "BILL" CHASTAIN, DIRECTOR OF LAW ENFORCEMENT FOR THE STATE WILDLIFE AND MARINE RESOURCES DEPARTMENT, ON THE SUCCESSFUL COMPLETION OF ITS YEAR-LONG UNDERCOVER INVESTIGATION CODE-NAMED "OPERATION WILD".
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3996 -- Reps. Harvin, Washington, Shelton, K. Bailey, Mitchell, Gilbert, Williams, Taylor, McBride, J. Brown, Gordon, White, Blanding, D. Martin, Foster and Ferguson: A CONCURRENT RESOLUTION TO COMMEMORATE THE ONE HUNDREDTH ANNIVERSARY OF THE DEATH OF JOSEPH HAYNE RAINEY OF GEORGETOWN WHICH WILL OCCUR AUGUST 1, 1987; TO RECOGNIZE THE FACT THAT HE WAS THE FIRST BLACK TO SIT IN THE UNITED STATES HOUSE OF REPRESENTATIVES; AND TO FORMULATE PLANS IN CONJUNCTION WITH THE CITIZENS OF BERMUDA FOR A SPECIAL COMMEMORATION OF THE LIFE OF THIS GREAT AMERICAN.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3997 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Rawl, Washington and Winstead: A CONCURRENT RESOLUTION TO CONGRATULATE MR. ROBERT B. WALLACE OF CHARLESTON, A DISTINGUISHED MEMBER OF THE CHARLESTON BAR, UPON HIS BECOMING A FELLOW OF THE AMERICAN COLLEGE OF TRIAL LAWYERS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1366 -- Senators Lourie, Courson, Giese and K. Patterson: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND BLUE CROSS AND BLUE SHIELD OF SOUTH CAROLINA ON THE OCCASION OF ITS FORTIETH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1368 -- Senators Williams, Matthews and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF WILLIAM B. BOOKHART, SR., OF ELLOREE, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1369 -- Senators Lourie, J. Verne Smith, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, E. Patterson, K. Patterson, Peeler, Pope, Powell, Ravenel, Saleeby, Setzler, Shealy, Horace C. Smith, Nell W. Smith, Thomas E. Smith, Jr., Theodore, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO COMMEND RICHARD W. RILEY, GOVERNOR OF SOUTH CAROLINA, ON HIS RECEIPT OF THE DISTINGUISHED SERVICE MEDAL FROM THE FREEDOMS FOUNDATION AT VALLEY FORGE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1370 -- Senators Williams and Garrison: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY VALUABLE CONTRIBUTIONS TO ORANGEBURG COUNTY AND THE STATE OF SOUTH CAROLINA BY WILLIAM B. BOOKHART, SR., OF ELLOREE AND TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO HIS FAMILY UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1371 -- Senators Mitchell and Saleeby: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND BEST WISHES TO DR. DANIEL A. COLLINS OF SAN FRANCISCO AND FORMERLY OF DARLINGTON COUNTY ON THE OCCASION OF HIS SEVENTIETH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Conference Committee Report on the following Bill was taken up:
H. 2002 -- Rep. White: A BILL TO PROVIDE FOR REGISTRATION OF ELECTORS BY MAIL.
Rep. HUFF explained the Report.
The SPEAKER granted Reps. TOAL and GREGORY a temporary leave of absence.
Rep. BRETT raised the Point of Order that in compliance with Rule 5.15, consideration of the Conference Committee Report was out of order until printed in the Journal.
The SPEAKER stated the report had been printed in the House Journal of June 3, and he overruled the Point of Order.
Rep. HUFF continued speaking.
Rep. SIMPSON inquired whether the motion to invoke immediate cloture was proper on a Conference Committee Report.
The SPEAKER Pro Tempore replied in the affirmative.
Reps. KLAPMAN and FOXWORTH spoke against the Conference Report.
Rep. BRETT moved to recommit the Bill to the Conference Committee.
Rep. BEASLEY moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, S. Arthur, W. Bailey, K. Barfield Beasley Bennett Blanding Boan Brown, J. Brown, R. Carnell Chamblee Faber Felder Foster Freeman Gentry Gilbert Gregory Griffin Harvin Hayes Helmly Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Lockemy Martin, D. Martin, L. Mattos McBride McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, T. Sheheen Shelton Snow Townsend Washington White Williams
Those who voted in the negative are:
Anderson, J. Arthur, J. Aydlette Blackwell Bradley, P. Brett Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cleveland Cooper Cork Davenport Day Derrick Evatt Fair Ferguson Foxworth Harris, J. Harris, P. Hawkins Hearn Hendricks, B. Jones Klapman Kohn Koon Lake Limehouse Mangum McEachin McLellan Petty Russell Sharpe Simpson Stoddard Sturkie Thrailkill Tucker Winstead Woodruff
So, the motion to table was agreed to.
Rep. T.M. BURRISS moved to adjourn debate upon the Conference Report.
Rep. BEASLEY moved to table the motion.
Rep. BRETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, S. Arthur, W. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Boan Brown, J. Brown, R. Chamblee Cooper Faber Felder Ferguson Foster Freeman Gentry Gilbert Gregory Harris, J. Harvin Hayes Helmly Holt Huff Johnson, J.W. Jones Kay Keyserling Kirsh Lake Lockemy Martin, D. Martin, L. Mattos McBride McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, T. Sheheen Shelton Snow Townsend Washington White Williams
Those who voted in the negative are:
Anderson, J. Arthur, J. Aydlette Bradley, P. Brett Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Cleveland Cork Davenport Derrick Evatt Fair Foxworth Harris, P. Hawkins Hearn Hendricks, B. Johnson, J.C. Klapman Kohn Koon Limehouse McEachin Petty Russell Sharpe Simpson Stoddard Sturkie Thrailkill Tucker Winstead Woodruff
So, the motion to table was agreed to.
Rep. SHEHEEN moved immediate cloture on the entire matter.
Rep. AYDLETTE requested to be heard on the motion to invoke immediate cloture.
Rep. BEASLEY raised the Point of Order that the motion to invoke cloture was non-debatable, therefore the member's request was out of order.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. KLAPMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, S. Arthur, W. Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Boan Brown, J. Brown, R. Carnell Chamblee Cooper Faber Felder Ferguson Foster Freeman Gentry Gilbert Gregory Griffin Harris, J. Harris, P. Harvin Hayes Helmly Hendricks, B. Holt Huff Johnson, J.W. Jones Kay Keyserling Kirsh Lake Lockemy Martin, D. Martin, L. Mattos McBride McKay McLeod McTeer Mitchell Neilson Nettles Ogburn Pearce Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, T. Sheheen Shelton Snow Townsend Tucker Washington White Williams
Those who voted in the negative are:
Anderson, J. Arthur, J. Aydlette Bradley, P. Brett Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cork Davenport Derrick Evatt Fair Foxworth Hawkins Hearn Johnson, J.C. Klapman Koon Limehouse McEachin Moss Petty Russell Sharpe Simpson Stoddard Sturkie Thrailkill Winstead Woodruff
So, immediate cloture was ordered.
Rep. BRETT raised the Point of Order that the Conference Committee Report on the Appropriations Bill would take precedence over the Conference Committee Report on H. 2002, and would therefore interrupt debate.
Rep. SHEHEEN argued that Conference Committee Reports interrupt debate on all other matters, but no Conference Committee Report has precedence over another.
The SPEAKER Pro Tempore overruled the Point of Order.
The question of a quorum was raised.
A quorum was later present.
The question then recurred to the adoption of the Conference Report, which was agreed to, and a message was ordered sent to the Senate accordingly.
The SPEAKER Pro Tempore granted Rep. GRIFFIN a leave of absence for the remainder of the day.
The SPEAKER Pro Tempore granted Rep. BRETT a leave of absence for the remainder of the day.
Reps. FOXWORTH, DAVENPORT and WINSTEAD, with unanimous consent, withdrew their objections to S. 984.
Reps. FOXWORTH and HOLT, with unanimous consent, withdrew their objections to H. 3301.
On motion of Rep. P. HARRIS, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 984 -- Senators Dennis, Lindsay and Holland: A BILL TO AMEND SECTIONS 9-1-1020, 9-1-1180, 9-11-40, 9-11-210, ALL AS AMENDED, AND 9-1-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT BONUS AND INCENTIVE PAYMENTS OR OTHER PAYMENTS NOT PART OF THE REGULAR SALARY BASE ARE NOT COMPENSATION FOR WHICH CONTRIBUTIONS ARE DEDUCTIBLE, THAT CONTRIBUTIONS ARE DEDUCTIBLE ON PAY FOR UNUSED ANNUAL LEAVE, AND THAT THE AVERAGE FINAL SALARY UNDER EITHER THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE POLICE OFFICERS RETIREMENT SYSTEM MAY BE USED FOR RETIREMENT BENEFIT CALCULATION UNDER BOTH SYSTEMS FOR CONSECUTIVE EARNED SERVICE CREDIT.
Rep. J. BRADLEY proposed the following Amendment No. 1 (Doc. No. 4454R), which was adopted.
Amend the bill, as and if amended, in item (12) of Section 9-11-210 as contained in SECTION 3, p. 2, by inserting after /deductible./ on line 28 /This item does not apply to bonus payments paid to certain categories of employees annually during their work careers. Bonus or special payments applied only during the 'Average Final Compensation' period are excluded as compensation./
Amend totals and title to conform.
Rep. MANGUM proposed the following Amendment No. 2 (Doc. No. 2995R), which was adopted.
Amend the bill, as and if amended, by adding the following new sections appropriately numbered:
/SECTION __. The first paragraph of Section 9-1-1540 of the 1976 Code, as last amended by Act 74 of 1985, is further amended to read:
"Upon the application of a member in service or of his employer, any member in service on or after July 1, 1970, who has had five or more years of creditable service or any contributing member who is disabled as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership on or after July 1, 1985, may be retired by the Board not less than thirty days and not more than six nine months next following the date of filing such the application on a disability retirement allowance if the Medical Board medical board, after a medical examination of such the member, shall certify certifies that such the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired."
SECTION __. The first paragraph of subsection (1) of Section 9-11-80 of the 1976 Code, as last amended by Act 408 of 1980, is further amended to read:
"Upon the application of a member in service or of his employer, any member who has five or more completed years of credited service or any contributing member who is disabled as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership may be retired by the Retirement Board not less than thirty days and not more than six nine months next following the date of filing such the application on a disability retirement allowance if the medical board, after a medical examination of such the member, shall certify certifies that such the member is mentally or physically incapacitated for the further performance of duty, that such the incapacity is likely to be permanent and that such the member should be retired."/
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MANGUM, with unanimous consent, it was ordered that S. 984 be read the third time tomorrow.
The following was received.
The General Assembly, Columbia, S.C., June 2, 1986
The COMMITTEE OF FREE CONFERENCE, to whom was referred H. 2314:
H. 2314 -- Rep. Fair: A BILL TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BICYCLES AND OTHER PLAY VEHICLES BY ADDING SECTION 56-5-3510 SO AS TO INCREASE THE LAWFUL AGE FOR THE OPERATION OF PEDAL BICYCLES WITH HELPER MOTORS RATED LESS THAN ONE HORSEPOWER (MOPEDS) FROM TWELVE TO FIFTEEN YEARS OF AGE, AND TO INCREASE THE PENALTY FOR VIOLATIONS; TO AMEND ARTICLE 1, CHAPTER 1 OF TITLE 56 RELATING TO DRIVERS' LICENSES BY ADDING SECTION 56-1-570 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF SECTION 56-5-3510 IS PROHIBITED FOR A PERIOD OF SIX MONTHS FROM THE DATE OF LAST CONVICTION FROM APPLYING FOR A DRIVER'S LICENSE; AND TO REPEAL ACT 287 OF 1973 AND ACT 156 OF 1977 WHICH NOW CONTAIN PROVISIONS REGULATING THE OPERATION OF THESE PEDAL BICYCLES.
Beg leave to report that they have duly and carefully considered the same and recommend: That the same do pass amended as follows.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 1 of Title 56 of the 1976 Code is amended by adding:
Section 56-1-1710. For purposes of this article, the word 'moped' means a cycle with pedals to permit propulsion by human power and with a motor of not more than fifty cubic centimeters which produces not to exceed one and one-half brake horsepower and which is not capable of propelling the vehicle at a speed in excess of twenty-five miles an hour on level ground. If an internal combustion engine is used, the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged.
Section 56-1-1720. Until January 1, 1987, no person under the age of twelve may operate a moped on the public highways and streets of this State. After December 31, 1986, to operate a moped on the public highways and streets of this State, a person must possess a valid driver's license issued under Article 1 of this chapter or a valid moped operator's license issued under this article, except that a person whose driver's license has been suspended for a period of six months or less is not required to obtain a moped operator's license or possess a valid driver's license during the period of suspension. From January 1, 1987, to December 31, 1987, the Department shall not issue a moped operator's license to any person who is less than thirteen years of age. After December 31, 1987, the Department shall not issue a moped operator's license to any person who is less than fourteen years of age.
Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction of a first offense, must be fined not less than twenty-five dollars nor more than fifty dollars and, upon conviction of a second or subsequent offense, must be fined not less than fifty dollars nor more than one hundred dollars.
The Department may not issue a beginner's permit or special restricted license as provided for in Sections 56-1-50 and 56-1-180 to any person convicted of a second or subsequent violation of operating a moped on the public highways and roads of this State while under age, until that person is at least fifteen and one-half years of age.
Section 56-1-1730. A person is eligible for a moped operator's license without regard to his eligibility for or the status of any other driver's license or permit. The Department may suspend, revoke, or cancel a moped operator's license only for violations committed while operating a moped. A moped operator's license may be suspended, revoked, or cancelled in the same manner and upon the same grounds for which any other motor vehicle operator's license or permit may be suspended, revoked, or cancelled.
Section 56-1-1740. The Department shall examine every applicant for a moped operator's license. The examination shall include a test of the applicant's eyesight, and as pertains to the operation of a moped, a test of his ability to read and understand highway signs regulating, warning, and directing traffic and his knowledge of the traffic laws of this State. The Department may require further physical and mental examination as it considers necessary to determine the applicant's fitness to operate a moped upon the highways, the further examination to be at the applicant's expense. The Department shall make provisions for giving an examination in the county where the applicant resides. The Department shall charge a fee of two dollars for each complete examination or reexamination required in this article.
The expiration and renewal of moped operator's licenses must be in accordance with Sections 56-1-210, 56-1-220, and 56-1-225.
Section 56-1-1750. The Department shall upon the payment of a fee of four dollars issue a moped operator's license to every applicant qualifying for it. The license shall bear a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description and laminated colored photograph of the licensee and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license shall only authorize the licensee to operate a moped.
A photograph of the licensee is not required in accordance with Section 56-1-150.
Section 56-1-1760. Every licensee shall have his license in his immediate possession at all times when operating a moped and shall display it upon demand of any officer or agent of the Department or any police officer of the State.
Section 56-1-1770. Application for a moped operator's license must be in accordance with the procedures and requirements of Article 1, Chapter 1 of Title 56.
Section 56-1-1780. The provisions of Section 56-1-100 and 56-1-230 apply to persons with moped operator's licenses."
SECTION 2. Items (7) and (8) of Section 56-1-10 of the 1976 Code are amended to read:
"(7) 'Motor vehicle': Every vehicle which is self-propelled, except moped as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
(8) 'Motorcycle': Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and moped. Such term shall include a motor scooter or light motor-driven cycle of five brake horsepower or less."
SECTION 3. Items (2) and (4) of Section 56-3-20 of the 1976 Code are amended to read:
"(2) 'Motor vehicle': Every vehicle which is self-propelled, except mopeds, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails;
(4) 'Motor-driven cycle': Every motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower and every bicycle with motor attached;"
SECTION 4. Section 56-3-20 of the 1976 Code, as amended, is further amended by adding an appropriately numbered item to read:
"( ) 'Moped': Every cycle with pedals to permit propulsion by human power and with a motor of not more than fifty cubic centimeters which produces not to exceed one and one-half brake horsepower and which is not capable of propelling the vehicle at a speed in excess of twenty-five miles per hour on level ground. If an internal combustion engine is used, the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged."
SECTION 5. Article 1, Chapter 5 of Title 56 is amended by adding a new section to read:
"Section 56-5-50. With the exception of Articles 35 and 37 and Sections 56-5-3660 and 56-5-3670, the provisions of this chapter govern the operation of mopeds on the public highways and streets of this State."
SECTION 6. Section 56-5-130 of the 1976 Code is amended to read:
"Section 56-5-130. Every vehicle which is self-propelled, except mopeds, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, is a 'motor vehicle'."
SECTION 7.Section 56-5-150 of the 1976 Code is amended to read:
"Section 56-5-150. Every motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower, and every bicycle with a motor attached is a 'motor-driven cycle'."
SECTION 8. Section 56-5-160 of the 1976 Code is amended to read:
"Section 56-5-160. Every device propelled by human power upon which any person may ride, having two tandem wheels, is a 'bicycle'. The definition of a bicycle shall include pedal bicycles with helper motors rates less than one brake horsepower which produce only ordinary pedaling speeds up to a maximum of twenty miles per hour."
SECTION 9. Subdivision 1, Article 3, Chapter 5 of Title 56 is amended by adding:
"Section 56-5-165. Notwithstanding the provisions of Section 56-5-160, every cycle with pedals to permit propulsion by human power and with a motor of not more than fifty cubic centimeters which produces not to exceed one and one-half brake horsepower and which is not capable of propelling the vehicle at a speed in excess of twenty-five miles per hour on level ground is a moped. If an internal combustion engine is used, the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged."
SECTION 10. Article 11, Chapter 5 of Title 56 is amended by adding:
"Section 56-5-1555. No person may operate any moped at a speed in excess of twenty-five miles an hour."
SECTION 11. Chapter 5 of Title 56 is amended by adding:
Section 56-5-3710. No person may ride upon a moped other than upon or astride a permanent and regular seat attached to the moped. No moped may be used to carry more persons at one time than the number for which it is designed and equipped.
Section 56-5-3720. It is unlawful for any person to sell a moped for use on the public highways and streets of this State or operate a moped upon the public highways and streets of this State without operable pedals, at least one rearview mirror, operable running lights, and brake lights which are operable when either brake is deployed.
Section 56-5-3730. The operator of a moped must have the operating lights turned on at all times while the moped is in operation on the public highways and streets of this State.
Section 56-5-3740. It is unlawful for any person to modify or change the equipment of a moped so that the vehicle exceeds one and one-half brake horsepower and produces speeds in excess of twenty-five miles an hour on level ground.
Section 56-5-3750. Any person who sells, solicits, or advertises the sale of mopeds shall clearly and conspicuously label each moped with its specifications, including but not limited to the brake horsepower of the motor and the maximum speed of the vehicle on level ground. Any seller of mopeds who fails to label a moped or who knowingly labels a motorcycle or motor-driven cycle as a moped is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for no more than thirty days. Each vehicle which is incorrectly labeled and each moped which is not labeled is a separate violation of this section.
Section 56-5-3760. The Department shall design a sign which contains a brief explanation of the provisions of law governing the operation of mopeds. Persons selling mopeds shall post the sign in a conspicuous place in their place of business."
SECTION 12. Item (6) of Section 56-9-20 of the 1976 Code is amended to read:
"(6) 'Motor vehicle': Every self-propelled vehicle which is designed for use upon a highway, including trailers and semitrailers designed for use with such vehicles but excepting traction engines, road rollers, farm tractors, tractor cranes, power shovels, mopeds, and well drillers, and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails;"
SECTION 13. Item (2) of Section 56-19-10 of the 1976 Code is amended to read:
"(2) 'Bicycle': Every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than twenty inches in diameter. The definition of a bicycle shall include pedal bicycles with helper motors rated less than one brake horsepower which produce only ordinary pedaling speeds up to a maximum of twenty miles per hour."
SECTION 14. Item (17) of Section 56-19-10 of the 1976 Code is amended to read:
"(17) 'Motor vehicle': Every vehicle which is self-propelled, except mopeds, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails."
SECTION 15. Item (19) of Section 56-19-10 of the 1976 Code is amended to read:
"(19) 'Motor-driven cycle': Every motorcycle, including every motor scooter with a motor which produces not to exceed five horse-power horsepower , and every bicycle with motor attached."
SECTION 16. Section 56-19-10 of the 1976 Code, as last amended by Act 118 of 1983, is further amended by adding an appropriately numbered item to read:
"( ) Notwithstanding item (2) of this section, every cycle with pedals to permit propulsion by human power and with a motor of not more than fifty cubic centimeters which produces not to exceed one and one-half brake horsepower and which is not capable of propelling the vehicle at a speed in excess of twenty-five miles per hour on level ground is a moped. If an internal combustion engine is used, the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged."
SECTION 17. Act 156 of 1977 is repealed.
SECTION 18. Notwithstanding Section 56-1-1720 of the 1976 Code, no person is required to possess a moped operator's license or a driver's license before June 30, 1987, except in accordance with the following schedule:
Licensee's Birthdate License Required
1. January 1. January 30, 1987
February
2. March 2. February 28, 1987
April
3. May 3. March 30, 1987
June
4. July 4. April 30, 1987
August
5. September 5. May 31, 1987
October
6. November 6. June 30, 1987.
December
SECTION 19. This act shall take affect on January 1, 1987./
Amend title to conform.
Isadore E. Lourie Michael L. Fair Warren K. Giese Robert B. Brown Phil Leventis B. J. Gordon, Jr. On Part of the Senate. On Part of the House.
Rep. FAIR explained the Conference Report.
The report was adopted and a message was ordered sent to the Senate accordingly.
On motion of Rep. FAIR, with unanimous consent, the Senate Amendments to the following Bill were taken up for consideration.
H. 2316 -- Reps. Fair, Brett and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-450 SO AS TO PROVIDE THAT IT IS A FELONY TO MANUFACTURE OR PRINT FALSE IDENTIFICATION CARDS; TO AMEND SECTION 56-1-510, RELATING TO UNLAWFUL USE OF DRIVER'S LICENSE AND FRAUDULENT APPLICATION, SO AS TO DELETE REFERENCES TO FICTITIOUS OR FRAUDULENTLY ALTERED DRIVERS' LICENSES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-515 SO AS TO PROVIDE THAT IT IS A FELONY TO ALTER A MOTOR VEHICLE DRIVER'S LICENSE TO CONTAIN FALSE INFORMATION OR TO MANUFACTURE OR PRINT A FICTITIOUS LICENSE AND PROVIDE THAT IT IS A MISDEMEANOR TO USE OR POSSESS AN IDENTIFICATION CARD OR ALTERED DRIVER'S LICENSE CONTAINING FALSE INFORMATION; TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF MANUFACTURING OR PRINTING AN IDENTIFICATION CARD CONTAINING FALSE INFORMATION AND THE PROHIBITION AGAINST PRINTING ON SUCH CARD ANY INFORMATION OTHER THAN THAT CONTAINED ON A VALID BIRTH CERTIFICATE RELATIVE TO THE AGE OF THE PERSON FOR WHOM SUCH CARD IS PREPARED AND THE CRIMES OF ALTERING A MOTOR VEHICLE DRIVER'S LICENSE SO AS TO PROVIDE FALSE INFORMATION AND MANUFACTURING OR PRINTING A FICTITIOUS DRIVER'S LICENSE.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
The General Assembly, Columbia, S. C., June 4, l986
The COMMITTEE OF FREE CONFERENCE, to whom was referred: H. 3236:
H. 3236 -- Rep. P. Harris: A BILL TO AMEND SECTION 43-38-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS BY THE OMBUDSMAN OF THE GOVERNOR'S OFFICE, SO AS TO AUTHORIZE A GENERAL HOSPITAL IN WHICH A CLIENT, PATIENT, OR RESIDENT OF A HEALTH FACILITY HAS BEEN TREATED DURING THE PERIOD UNDER INVESTIGATION TO RELEASE MEDICAL RECORDS TO THE OMBUDSMAN UPON HIS WRITTEN REQUEST.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 43-38-20 of the 1976 Code is amended to read:
"Section 43-38-20. The ombudsman of the office of the Governor is hereby authorized to investigate any problem or complaint on behalf of any interested party or any client, patient, or resident of any facility as defined in this chapter. In carrying out any such the investigation, he may request and receive written statements, documents, exhibits, and other items pertinent to the investigation. These items include medical records of a general hospital in which a client, patient, or resident has been treated during the period under investigation. General hospitals are authorized to release the medical records to the ombudsman upon his written request without the necessity of patient authorization. Provided, however, that any files maintained by the ombudsman program shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity, disease or illness of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman unless:
(i) such complainant or resident, or his legal representative, consents in writing to such disclosure; or
(ii) such disclosure is required by court order.
Following any such the investigation he may issue such report and recommendations as in his opinion will assist in improving the facility under investigation."
SECTION 2. This act shall take effect upon approval by the Governor./
Amend title to conform.
Marshall B. Williams Patrick B. Harris Thomas E. Smith, Jr. Parker Evatt William E. Applegate, III David M. Beasley On Part of the Senate. On Part of the House.
Rep. EVATT explained the Report.
The report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 4, 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 Free Conference on H, 3236:
H. 3236 -- Rep. P. Harris: A BILL TO AMEND SECTION 43-38-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS BY THE OMBUDSMAN OF THE GOVERNOR'S OFFICE, SO AS TO AUTHORIZE A GENERAL HOSPITAL IN WHICH A CLIENT, PATIENT, OR RESIDENT OF A HEALTH FACILITY HAS BEEN TREATED DURING THE PERIOD UNDER INVESTIGATION TO RELEASE MEDICAL RECORDS TO THE OMBUDSMAN UPON HIS WRITTEN REQUEST.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
No. 87
The report of the Committee of Free 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 SPEAKER Pro Tempore granted Rep. EVATT a temporary leave of absence.
The SPEAKER Pro Tempore granted Rep. J. BROWN a leave of absence for the remainder of the day.
The following was received.
Columbia, S.C., June 4, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Williams, Thomas E. Smith, Jr., and Applegate of the Committee of Free Conference on the part of the Senate on H. 3236:
H. 3236 -- Rep. P. Harris: A BILL TO AMEND SECTION 43-38-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS BY THE OMBUDSMAN OF THE GOVERNOR'S OFFICE, SO AS TO AUTHORIZE A GENERAL HOSPITAL IN WHICH A CLIENT, PATIENT, OR RESIDENT OF A HEALTH FACILITY HAS BEEN TREATED DURING THE PERIOD UNDER INVESTIGATION TO RELEASE MEDICAL RECORDS TO THE OMBUDSMAN UPON HIS WRITTEN REQUEST.
Very respectfully,
President
No. 86
Received as information.
The following was introduced:
H. 3998 -- Reps. Carnell, J.C. Johnson and McAbee: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF LAFAYETTE BLUFORD ADAMS, RETIRED TEXTILE EXECUTIVE OF GREENWOOD COUNTY, UPON HIS RECENT DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3999 -- Rep. Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. CHARLTON H. SHAW OF NEW ELLENTON UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. McABEE made a statement relative to the General Appropriations Bill.
The SPEAKER Pro Tempore granted Reps. OGBURN and WILLIAMS a temporary leave of absence.
The SPEAKER Pro Tempore granted Rep. L. PHILLIPS a leave of absence for the remainder of the day and tomorrow.
The SPEAKER Pro Tempore granted Reps. HAWKINS and R. BROWN a leave of absence for the remainder of the day.
Rep. McABEE continued speaking.
Rep. McABEE raised the question of a quorum.
A quorum was later present.
Rep. McLELLAN, with unanimous consent, made a statement relative to the House Conferees.
Rep. SHEHEEN made a statement relative to the General Appropriations Bill.
Rep. McABEE moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3550--The General Appropriations Bill
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Boan Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Day Edwards Fair Felder Ferguson Foster Foxworth Freeman Gentry Gilbert Harris, J. Harris, P. Harvin Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Lake Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Pearce Petty Phillips, O. Rawl Rhoad Rice Rogers, T. Russell Sheheen Shelton Simpson Snow Stoddard Taylor Townsend Tucker Washington White Wilkins Winstead
Those who voted in the negative are:
Bradley, P. Davenport Derrick Jones Klapman Koon Limehouse Sharpe Sturkie Thrailkill Woodruff
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. MANGUM, McABEE and BLANDING to the Committee of Free Conference and a message was sent to the Senate accordingly.
On motion of Rep. G. BAILEY, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.
H. 3929 -- Reps. G. Bailey and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES TO BE SUBMITTED FOR APPROVAL TO THE DORCHESTER COUNTY BOARD OF EDUCATION, AND TO AUTHORIZE THE BOARD OF EDUCATION, BEGINNING WITH BUDGETS FOR THE 1986-87 SCHOOL YEAR, TO SET THE NECESSARY TAX MILLAGE AFTER APPROVING THE BUDGETS.
Rep. G. BAILEY moved to reconsider the vote whereby the House concurred in the Senate Amendments to the Bill, which was agreed to.
Rep. G. BAILEY proposed the following Amendment No. 1A (Doc. No. 5186R), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
Section 1. For the school year 1986-87 only, the boards of trustees of all school districts in Dorchester County shall prepare annual budgets for general school purposes and submit the budgets for approval to the Dorchester County Board of Education (board). The board, after approving the budgets, shall set the necessary tax millage to meet the district budgets.
Section 2. Prior to the approval of the 1986-87 annual budgets for general school purposes of the school districts in Dorchester County, the Dorchester County Board of Education must conduct a public hearing to be held at such time as the Board shall determine, but the hearing must be held at 8:00 P.M. on the date chosen. The hearing must be conducted at the Newington Elementary School in Summerville. Fourteen days prior to the public hearing, the Board must post for public inspection a copy of the proposed 1986-87 annual budgets for all school districts in Dorchester County along with a copy of the audit reports of all school districts in Dorchester County for the fiscal year ending June 30, 1985, at the public libraries in the municipalities of St. George and Summerville.
Section 1. Dorchester County School District No. 1 and Dorchester County School District No. 3 are consolidated into a single school district to be known as Dorchester County School District No. 4, which is a body politic and corporate as provided in Section 59-17-10 of the 1976 Code and is vested with all of the powers, duties, and assets of the former districts.
Section 2. (A) The governing body of Dorchester County School District No. 4 is a board of trustees.
(B) The board must be composed initially of the present members of the board of trustees of Dorchester County School District No. 1 and Dorchester County School District No. 3, who shall serve until the terms of the office to which they were elected or appointed expire or they resign. Following the election of 1992 the board must be composed of seven members.
(C) In 1990 two members of the board of trustees of Dorchester County School District No. 4 must be elected. These trustees must be elected from the district at large. In 1992 five members of the board must be elected: one trustee must be elected from each of the five equally apportioned single member election districts which the General Assembly establishes in 1991 based on the 1990 general census figures. In 1994 and every four years after that year, the two members elected in 1990 and and the two members who receive the fewest number of votes in 1992 are subject to reelection. In 1994 and every four years after that year, the three members who received the largest number of votes in 1992 are subject to reelection. All elected trustees upon their election immediately become members of the board of trustee's executive committee as provided in Section 3 of this Part.
(D) Trustees must be elected for terms of office of four years each and shall serve until their successors are elected and qualified. Trustees must be elected in nonpartisan elections to be conducted at the same time as the general election of the applicable year.
Section 3. The initial members of the board of trustees take office on July 1, 1986. The members of the board of trustees shall meet within ten days after their appointment. The Dorchester County Board of Education shall select from the fourteen member board a seven member executive committee which must consist initially of four members from the Dorchester County School District No. 1 Board of Trustees and three members from the Dorchester County School District No. 3 Board of Trustees, who shall serve for terms determined by the Dorchester County Board of Education or until replaced by popularly elected trustees. The executive committee shall function as the governing body of the district. The members of the executive committee shall elect from their number a chairperson and vice-chairperson. The members of the executive committee shall elect a superintendent who shall report directly and exclusively to the executive committee. Any vacancies on the executive committee must be filled by appointment by the Dorchester County Board of Education.
Section 4. In July, 1986, the board of trustees of Dorchester County School District No. 4 shall prepare and submit to the appropriate taxing authority a budget for the ensuing year.
Section 5. The elected members of the board of trustees must be residents of the school district and must be elected as provided in Sections 1 through 6 of this Part. All persons desiring to qualify as candidates and be elected to the board shall file written notice of candidacy with the county board of education at least sixty days before the date set for the election but not earlier than ninety days prior to the election. This notice of candidacy must be a sworn statement and must include the candidate's name, age, voting precinct, period of residence in the district, and other information the county board of education requires.
The county board of education shall conduct and supervise the elections in the manner governed by the election laws of this State mutatis mutandi. The county board of education shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results of the elections. The county board of education shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the district.
The results of the election must be determined in accordance with the nonpartisan plurality method prescribed by Section 5-15-61 of the 1976 Code.
Section 6. Act 268 of 1985 is repealed.
Section 7. Except for the transfer of the area to School District No. 1 as provided in Part III of this act, all attendance areas existing on the effective date of this act are not affected by the provisions of this act.
Section 1. The boundaries of Dorchester County School District Nos. 1 and 3 are altered in accordance with Section 59-17-20, Code of Laws of South Carolina, 1976, so that the Rosinville community is incorporated into Dorchester County School District One. The area transferred to School District One is described as follows:
Beginning at a point on Road 37 at Indian Field Swamp and running thereon in a northeasterly direction until the same intersects with U. S. Highway 178, then continuing in a northeasterly direction until the same intersects with Road 50 and then from the point of intersection of Road 50 and Road 37 in a straight line to the beginning of an unnamed branch of the Pee Dee Branch, then northwesterly to the intersection with I-26, then northwesterly in a straight line to a point in Four Hole Swamp approximately one and one-quarter miles south of Highway 15.
Section 2. The alteration of school district lines provided in this Part are effective beginning with the 1986 ad valorem tax year and the 1986-87 school year.
This act shall take effect July 1, 1986./
Amend title to conform.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Please record in the Journal my vote against the amendment to H. 3929 on June 4, 1986.
Rep. TOM LIMEHOUSE
Rep. G. Bailey, from the Committee on Dorchester Delegation, submitted a favorable report on:
S. 1327 -- Senators Branton and Matthews: A BILL TO PROVIDE FOR TWO ADDITIONAL MAGISTRATES IN DORCHESTER COUNTY.
On motion of Rep. G. BAILEY, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1327 -- Senators Branton and Matthews: A BILL TO PROVIDE FOR TWO ADDITIONAL MAGISTRATES IN DORCHESTER COUNTY.
Rep. LIMEHOUSE proposed the following Amendment No. 1 (Doc. No. 5074R), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. There are authorized five magistrates for Dorchester County who are assigned to the following magisterial districts: three for the Summerville magisterial district and the remaining magisterial districts in Dorchester County are combined and two magistrates are assigned to that district which must be known as the Upper Dorchester Magisterial District.
All magistrates have countywide jurisdiction. They must be available during the period established by the chief magistrate of the county and receive such compensation as may be established by the governing body of the county.
SECTION 2. This act shall take effect upon approval by the Governor./
Amend title to conform.
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 S. 1327 be read the third time tomorrow.
Rep. G. BAILEY, from the Committee on Dorchester Delegation, submitted a favorable report, with amendments, on:
S. 1330 -- Senator Branton: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM IN DORCHESTER COUNTY TO DETERMINE IF THE ELECTORS IN SUMMERVILLE SCHOOL DISTRICT NO. 2 DESIRE THE TRUSTEES OF THAT SCHOOL DISTRICT TO HAVE THE POWER TO LEVY TAXES FOR THE OPERATIONAL EXPENSES OF THE SCHOOL DISTRICT.
On motion of Rep. G. BAILEY, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1330 -- Senator Branton: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM IN DORCHESTER COUNTY TO DETERMINE IF THE ELECTORS IN SUMMERVILLE SCHOOL DISTRICT NO. 2 DESIRE THE TRUSTEES OF THAT SCHOOL DISTRICT TO HAVE THE POWER TO LEVY TAXES FOR THE OPERATIONAL EXPENSES OF THE SCHOOL DISTRICT.
Dorchester Delegation proposed the following Amendment No. 1 (Doc. No. 5171R), which was adopted.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A referendum must be held at the time of the general election of 1986 to determine whether or not the registered electors of the respective school districts in Dorchester County desire the trustees of the districts to have the power to levy the necessary taxes for the operational expenses of the respective school districts or Dorchester County Council to have the power to levy the necessary taxes for the operational expenses of all of the school districts. The referendum must be conducted by the Dorchester County Election Commission, and the ballots must be furnished at all polling places in the school districts with the following words printed on the ballots: "Shall the trustees of the respective school districts in Dorchester County have the power to levy the necessary taxes for the operational expenses of the respective school districts at a level not to exceed thirty mills or Dorchester County Council have the power to levy the necessary taxes for the operational expenses of all of the school districts at a level not to exceed thirty mills?
/ / (A) the respective school districts of Dorchester County; or
/ / (B) Dorchester County Council.
Those voting in favor of (A) shall deposit a ballot with a check or cross mark in the square before (A), and those voting in favor of (B) shall deposit a ballot with a check or cross mark in the square before (B)."
The election commission shall certify the results of the referendum to the State Election Commission and the Dorchester County Legislative Delegation.
SECTION 2. This act shall take effect upon approval by the Governor./
Amend title to conform.
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 S. 1330 be read the third time tomorrow.
On motion of Rep. O. PHILLIPS, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3301 -- Rep. R. Brown: A BILL TO AMEND SECTION 23-35-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE OR PERMIT REQUIRED OF WHOLESALE DISTRIBUTORS, JOBBERS, AND RETAILERS SELLING FIREWORKS, SO AS TO PROVIDE THAT THE STATE BOARD OF PYROTECHNIC SAFETY INSTEAD OF THE STATE FIRE MARSHAL SHALL REGULATE THESE LICENSES, TO INCREASE THE RETAILERS ANNUAL LICENSE FEE FROM FIFTY TO ONE HUNDRED TWENTY-FIVE DOLLARS, TO DELETE THE REQUIREMENT THAT A RETAILER'S LICENSE OR PERMIT MUST BE OBTAINED FROM THE MUNICIPAL CLERK OR FROM THE COUNTY CLERK OF COURT, DEPENDING ON THE LOCATION OF THE SALE, AND REQUIRE THE STATE BOARD OF PYROTECHNIC SAFETY TO APPROVE ALL RETAIL LICENSES, AND TO DELETE THE PROVISIONS AUTHORIZING A COUNTY OR MUNICIPALITY TO RETAIN FUNDS DERIVED FROM THE SALE OF PERMITS.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5733k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 23-35-50 of the 1976 Code, as last amended by Act 151 of 1983, is further amended to read:
Section 23-35-50. Nothing in this chapter prohibits a licensed wholesale distributor from storing for sale where legal all Class "B" fireworks used for display or agricultural purposes after first obtaining a license therefor from the State Board of Pyrotechnic Safety. The cost of the license is seven hundred fifty one thousand dollars.
Agricultural and display fireworks must be stored in an appropriate building and a record of purchases and sales must be kept for inspection by the State Board of Pyrotechnic Safety.
SECTION 2. Section 23-35-70 of the 1976 Code, as last amended by Act 151 of 1983, is further amended to read:
"Section 23-35-70. (1) Each wholesale distributor of fireworks in this State is required to purchase an annual license from the State Board of Pyrotechnic Safety at a cost of one thousand five hundred dollars which is subject to regulations of the State Fire Marshal's office State Board of Pyrotechnic Safety governing storage of fireworks. A 'wholesale distributor' is defined as a person or firm selling fireworks to licensed jobbers or licensed retailers.
(2) Each jobber selling fireworks in this State is required to purchase an annual license from the State Board of Pyrotechnic Safety at a cost of four six hundred dollars which is subject to regulations of the State Fire Marshal's office Board of Pyrotechnic Safety governing storage of fireworks. A 'jobber' is defined as a person or firm selling fireworks to licensed retailers.
(3) Each retailer is required to procure an annual license or permit at a cost of fifty seventy-five dollars which shall authorize the licensee to sell permissible fireworks. The license or permit must be obtained from the municipal clerk, or comparable municipal official, for retail sales within a municipality, after approval of the applicant and his place of business by the municipal fire chief serving such municipality; or, from the county clerk of court for retail sales in the county outside a municipality after approval of the applicant and his place of business by the county sheriff State Board of Pyrotechnic Safety after approval of the applicant and his place of business. No permit license may be issued to an applicant until the premises where the fireworks are to be kept for the purpose of sale have been inspected by the State Board of Pyrotechnic Safety or its designee and it is determined that the building and the facilities within the building meet safety standards for the storage and sale of permissible fireworks. The issuance of the permit license is subject to regulations promulgated by the State Board of Pyrotechnic Safety governing the storage, safe keeping, and sale of fireworks. No person or firm may be issued a retail license who is not already licensed by the State Tax Commission for sales tax purposes and who has not held the sales tax license for at least sixty days. Permits Licenses issued to retailers must be prominently displayed. No permit license provided for herein may be transferred nor shall may a person be permitted to operate under a permit issued to any other person.
(4) The respective licenses and permits must be issued on the form or forms as the State Board of Pyrotechnic Safety may determine.
All funds derived from the sale of permits as prescribed in item (3) must be retained by the county or municipality collecting the funds."
SECTION 3 The 1976 Code is amended by adding:
"Section 23-35-75 Nothing in this chapter relieves the licensee of the responsibility of complying with all state and local building and fire protection standards and business license requirements enforced by the authority having jurisdiction."
SECTION 4. This act shall take effect upon approval by the Governor.
Rep. T.M. BURRISS 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. O. PHILLIPS, with unanimous consent, it was ordered that H. 3301 be read the third time tomorrow.
Rep. EDWARDS asked unanimous consent to take up the Senate Amendments to the following Bill.
H. 3283 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS, TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE; TO REQUIRE MONIES PREVIOUSLY AUTHORIZED FOR PARKS, RECREATION AND TOURISM BE EXPENDED ON IMPROVEMENTS AT MYRTLE BEACH INSTEAD OF ON A SWIMMING POOL; TO REALLOCATE MONIES PREVIOUSLY AUTHORIZED FOR THE MUSEUM COMMISSION TO THE BUDGET AND CONTROL BOARD FOR THE MOUNT VERNON MILL SITE DEVELOPMENT; TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF MENTAL HEALTH TO FINANCE VARIOUS PROJECTS FROM SURPLUS PAYING PATIENT FEE DEBT SERVICE FUNDS; TO REQUIRE THE JOINT BOND REVIEW COMMITTEE TO SCHEDULE THE AUTHORIZATIONS, AS PROVIDED IN THIS ACT, INTO THE STATEWIDE CAPITAL IMPROVEMENTS PRIORITY SCHEDULE; AND TO AMEND ACT 194 OF 1979, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF WINTHROP COLLEGE TO DEFINE PAID ADMISSIONS BY WRITTEN POLICY WITH AN EXCEPTION, AND TO DELETE THE AUTHORITY OF THE COLLEGE TO LEVY AN ADMISSIONS FEE.
Rep. LOCKEMY objected.
Rep. S. ANDERSON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 2826 -- Rep. Gulledge: A BILL TO AMEND SECTION 16-23-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS TO THE PROVISIONS OF ARTICLE 3 OF CHAPTER 23 OF TITLE 16 CONCERNING MACHINE GUNS, SAWED-OFF SHOT GUNS, AND RIFLES, SO AS TO EXEMPT DEALERS LICENSED UNDER THE PROVISIONS OF THE FEDERAL GUN CONTROL ACT FROM THE PROVISIONS OF THIS ARTICLE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Aydlette Bailey, K. Barfield Beasley Bennett Blackwell Boan Brett Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Evatt Fair Felder Ferguson Foster Foxworth Gentry Gilbert Harris, J. Harris, P. Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lake Limehouse Lockemy Martin, D. Martin, L. Mattos McAbee McBride McEachin McLeod McTeer Mitchell Moss Neilson Nettles Pearce Petty Phillips, O. Rawl Rhoad Rice Rogers, T. Russell Sharpe Shelton Short Simpson Snow Stoddard Sturkie Thrailkill Townsend Tucker Washington Wilkins Winstead Woodruff
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. S. ANDERSON, HEARN and TOAL to the Committee of Free Conference and a message was sent to the Senate accordingly.
June 4, 1986
Mr. SPEAKER and Members of the House:
I am hereby returning without my approval H. 3934, R-553, an Act:
TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1986-87 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1986-87.
This veto is based upon an opinion of the Attorney General's Office which states in concluding that certain sections of the Act are of doubtful constitutionality:
You have asked for the opinion of this Office as to the constitutionality of H. 3934, R-553, which act sets the millage for several agencies, special purpose districts, and commissions located within Charleston County. It has been, and continues to be, the opinion of this Office that sections one through seven of the above-cited act, are most probably unconstituional. For further discussions of the matter, I refer you to opinions of this Office dated June 21, 1985; June 18, 1984; June 7, 1983; January 6, 1983; June 2, 1983; June 14, 1982; and June 6, 1980, copies of which are enclosed. Section 8 would probably pass constitutional muster, as concluded in the opinion dated June 21, 1985.
Yours sincerely,
Richard W. Riley
Rep. HOLT explained the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows.
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Aydlette Bailey, K. Barfield Bennett Blackwell Boan Bradley, P. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Evatt Fair Ferguson Foxworth Gilbert Harris, J. Harris, P. Hayes Hearn Helmly Hendricks, B. Holt Huff Jones Kay Kirsh Klapman Koon Lake Limehouse Lockemy Martin, D. Martin, L. Mattos McBride McTeer Mitchell Moss Neilson Nettles Pearce Petty Phillips, O. Rawl Rhoad Rice Sharpe Shelton Short Simpson Snow Sturkie Thrailkill Townsend Tucker Washington Wilkins Winstead Woodruff
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
On motion of Rep. T.M. BURRISS, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 765 -- Senators McConnell, Setzler and Matthews: A BILL TO AMEND SECTION 11-35-1560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOLE SOURCE PROCUREMENT UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO REVISE THE CONDITIONS UNDER WHICH SOLE SOURCE PROCUREMENT IS PERMITTED AND TO PROVIDE CERTAIN PENALTIES FOR VIOLATIONS OF THE SOLE SOURCE PROCUREMENT REQUIREMENTS.
The Bill was read the second time and ordered to third reading.
On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that S. 765 be read the third time tomorrow.
Rep. LOCKEMY asked unanimous consent to take up the Senate Amendments to the following Bill.
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.
Rep. SCHWARTZ objected.
Rep. BLACKWELL moved to reconsider the vote whereby H. 3301 was given unanimous consent to receive a third reading tomorrow, and the motion was noted.
On motion of Rep. BOAN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1347 -- Senator Hinson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO TAKE IMMEDIATE STEPS NECESSARY TO PROVIDE RELIEF TO THE PEOPLE OF LANCASTER COUNTY BY REPLACING A BRIDGE ON ROAD 154, NORTHEAST OF THE TOWN OF KERSHAW, OVER LYNCHS CREEK IN LANCASTER COUNTY.
Whereas, there is a hardship situation of extreme proportions existing in Lancaster County because the bridge on Road 154, northeast of the Town of Kershaw (between Kershaw and South Carolina Highway 903 over Lynchs Creek) in Lancaster County is out; and
Whereas, replacing this bridge is extremely important and necessary and constitutes one of the chief priorities for attention by the Department of Highways and Public Transportation; and
Whereas, it is firmly felt that the Department of Highways and Public Transportation should take immediate steps as are necessary to let the contract for the bridge replacement and to secure the completion of the required work as soon as possible. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Highways and Public Transportation to take immediate steps necessary to provide relief to the people of Lancaster County by replacing a bridge on Road 154, northeast of the Town of Kershaw, over Lynchs Creek in Lancaster County.
Be it further resolved that a copy of this resolution be forwarded to State Highways and Public Transportation Commission.
The Concurrent Resolution was adopted and ordered returned to the Senate.
On motion of Rep. T. ROGERS, with unanimous consent, the Senate Amendments to the following Bill were taken up for consideration.
H. 2976 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO PROVIDE FOR THE ASSIGNMENT AND SUBROGATION OF ANY MEDICAID APPLICANT'S CLAIM FOR REIMBURSEMENT FOR MEDICAID SERVICES FROM PRIVATE INSURERS OR OTHER THIRD PARTIES TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND TO REPEAL SECTION 43-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBROGATION OF MEDICAID BENEFICIARIES' CLAIMS AGAINST THIRD PARTIES.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. SIMPSON asked unanimous consent to take up the Senate Amendments to the following Bill.
H. 3283 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS, TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE; TO REQUIRE MONIES PREVIOUSLY AUTHORIZED FOR PARKS, RECREATION AND TOURISM BE EXPENDED ON IMPROVEMENTS AT MYRTLE BEACH INSTEAD OF ON A SWIMMING POOL; TO REALLOCATE MONIES PREVIOUSLY AUTHORIZED FOR THE MUSEUM COMMISSION TO THE BUDGET AND CONTROL BOARD FOR THE MOUNT VERNON MILL SITE DEVELOPMENT; TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF MENTAL HEALTH TO FINANCE VARIOUS PROJECTS FROM SURPLUS PAYING PATIENT FEE DEBT SERVICE FUNDS; TO REQUIRE THE JOINT BOND REVIEW COMMITTEE TO SCHEDULE THE AUTHORIZATIONS, AS PROVIDED IN THIS ACT, INTO THE STATEWIDE CAPITAL IMPROVEMENTS PRIORITY SCHEDULE; AND TO AMEND ACT 194 OF 1979, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF WINTHROP COLLEGE TO DEFINE PAID ADMISSIONS BY WRITTEN POLICY WITH AN EXCEPTION, AND TO DELETE THE AUTHORITY OF THE COLLEGE TO LEVY AN ADMISSIONS FEE.
Rep. LOCKEMY objected.
Rep. PEARCE asked unanimous consent to recall S. 1268 from the Committee on Ways and Means.
Rep. KIRSH objected.
The motion of Rep. T. ROGERS to reconsider the vote whereby the Conference Report on the following Bill was adopted was taken up.
H. 2008 -- Reps. Huff, Wilkins, J. Anderson and P. Bradley: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE AND DOMESTIC RELATIONS, BY ADDING ARTICLE 6, SO AS TO PROVIDE FOR THE EQUITABLE APPORTIONMENT OF MARITAL PROPERTY BY THE FAMILY COURTS OF THIS STATE INCLUDING PROVISIONS TO ESTABLISH THOSE FACTORS THE COURT MUST GIVE WEIGHT TO AND CONSIDER WHEN MAKING THE APPORTIONMENT, TO DEFINE WHAT CONSTITUTES MARITAL PROPERTY, TO PROVIDE FOR CERTAIN POWERS, AUTHORITY, AND JURISDICTION OF THE COURT IN THESE MATTERS AND WHEN MAKING THE APPORTIONMENT, TO PERMIT THE PARTIES IN THESE PROCEEDINGS TO RECORD A NOTICE OF THE PENDENCY OF THE PROCEEDING AND APPLY FOR AND RECORD A TRANSCRIPT OF JUDGMENT AND TO PROVIDE FOR THE FORM THAT THE TRANSCRIPT OF JUDGMENT MUST TAKE.
Rep. T. ROGERS spoke in favor of the motion to reconsider.
Rep. HUFF spoke against the motion to reconsider.
Rep. T. ROGERS moved to adjourn debate upon the motion to reconsider, which was adopted.
Rep. SHARPE asked unanimous consent to take up the Senate Amendments to the following Bill.
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.
Rep. HOLT objected.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3602 -- Reps. Townsend, Kay, Chamblee and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-3-175 SO AS TO PROVIDE FOR AN AGRIBUSINESS LICENSE AND A SINGLE BOND ISSUED BY THE STATE DEPARTMENT OF AGRICULTURE IN LIEU OF A LICENSE OR PERMIT AND A SEPARATE BOND FOR SEED HANDLERS, DEALERS IN AGRICULTURAL PRODUCTS, PUBLIC WEIGHMASTERS, PESTICIDE DEALERS AND APPLICATORS, AND AGRICULTURAL LIMING MATERIALS DISTRIBUTORS.
Rep. TOWNSEND proposed the following Amendment No. 1 (Doc. No. 5138R), which was adopted.
Amend the bill, as and if amended, by striking Section 46-3-175 as contained in SECTION 1 and inserting:
/"Section 46-3-175. In lieu of licenses or permits or renewals of them required by Sections 39-11-30 and 39-11-50 for public weighmasters or deputy weighmasters, 46-21-40 for seed dealers, and 46-41-50 for dealers in agricultural products, any qualified person of whom such a license or permit is required may obtain an agribusiness license which qualifies him to engage in any of the businesses listed above. The agribusiness license must be issued by the Department of Agriculture upon the payment annually of a fee of seventy-five dollars and shall expire on June thirtieth of each year. Posting of a bond in the sum of twenty-five thousand dollars with the Commissioner of Agriculture by the agribusiness licensee as principal by a corporate surety company authorized to do business in this State assuring the same compliance provisions as Sections 39-11-70 for weighmasters and 46-41-60 for dealers in agricultural products shall satisfy the bonding and evidence of financial responsibility requirements of those Code sections."/
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. TOWNSEND, with unanimous consent, it was ordered that H. 3602 be read the third time tomorrow.
On motion of Rep. ALEXANDER, the House stood at ease subject to the call of Chair.
At 6:10 P.M. the House resumed, the SPEAKER in the Chair.
Rep. HOLT moved that the House do now adjourn.
Rep. KLAPMAN demanded the yeas and nays, which were not ordered.
The motion to adjourn was agreed to by a division vote of 48 to 22.
The Senate returned to the House with concurrence the following:
H. 3960 -- Reps. W. Arthur and Beasley: A CONCURRENT RESOLUTION CONGRATULATING THE BASEBALL TEAM OF HARTSVILLE HIGH SCHOOL, 1986 STATE AAAA CHAMPIONS, FOR AN OUTSTANDING AND EXCITING SEASON.
H. 3984 -- Reps. Winstead and Toal: A CONCURRENT RESOLUTION TO REQUEST THE PUBLIC SERVICE COMMISSION NOT TO IMPLEMENT REGULATIONS OF THE COMMISSION, RELATING TO TELECOMMUNICATIONS UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 568, APPROVED TUESDAY, MAY 27, 1986, PURSUANT TO THE PROVISIONS OF CHAPTER 23, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT.
H. 3988 -- Reps. Dangerfield, 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, 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 TO WELCOME TO SOUTH CAROLINA THE LEADERS, STAFF, AND MEMBERS OF EXPLORER SHIP 1009 FROM BOWIE, MARYLAND, AS THEY BEGIN A TWO-WEEK SOUTHERN HIGH ADVENTURE TREK.
H. 3992 -- Reps. Edwards, Schwartz, S. Anderson, Mangum, P. Harris, Carnell and Dangerfield: A CONCURRENT RESOLUTION TO COMMEND MR. JAMES L. WALKER, JR., OF COLUMBIA FOR HIS OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA AS DIRECTOR OF PUBLIC RELATIONS FOR THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND IN OTHER CAPACITIES UPON THE OCCASION OF HIS RETIREMENT.
H. 3993 -- Reps. Sheheen and J. Rogers: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS AND BEST WISHES TO THE OFFICERS AND EMPLOYEES OF CAROLINA BANK AND TRUST COMPANY ON ITS FIFTIETH ANNIVERSARY AND TO COMMEND IT FOR REACHING THIS SIGNIFICANT MILESTONE.
H. 3994 -- Rep. Rhoad: A CONCURRENT RESOLUTION CONGRATULATING MRS. JEWEL DAVIS OF DENMARK IN BAMBERG COUNTY FOR BEING SELECTED AS BAMBERG COUNTY'S CITIZEN OF THE YEAR FOR 1986.
H. 3995 -- Richland County Delegation: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND BLUE CROSS AND BLUE SHIELD OF SOUTH CAROLINA ON THE OCCASION OF ITS FORTIETH ANNIVERSARY.
H. 3996 -- Reps. Harvin, Washington, Shelton, K. Bailey, Mitchell, Gilbert, Williams, Taylor, McBride, J. Brown, Gordon, White, Blanding, D. Martin, Foster and Ferguson: A CONCURRENT RESOLUTION TO COMMEMORATE THE ONE HUNDREDTH ANNIVERSARY OF THE DEATH OF JOSEPH HAYNE RAINEY OF GEORGETOWN WHICH WILL OCCUR AUGUST 1, 1987; TO RECOGNIZE THE FACT THAT HE WAS THE FIRST BLACK TO SIT IN THE UNITED STATES HOUSE OF REPRESENTATIVES; AND TO FORMULATE PLANS IN CONJUNCTION WITH THE CITIZENS OF BERMUDA FOR A SPECIAL COMMEMORATION OF THE LIFE OF THIS GREAT AMERICAN.
H. 3997 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Rawl, Washington and Winstead: A CONCURRENT RESOLUTION TO CONGRATULATE MR. ROBERT B. WALLACE OF CHARLESTON, A DISTINGUISHED MEMBER OF THE CHARLESTON BAR, UPON HIS BECOMING A FELLOW OF THE AMERICAN COLLEGE OF TRIAL LAWYERS.
H. 3998 -- Reps. Carnell, J.C. Johnson and McAbee: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF LAFAYETTE BLUFORD ADAMS, RETIRED TEXTILE EXECUTIVE OF GREENWOOD COUNTY, UPON HIS RECENT DEATH.
H. 3999 -- Rep. Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. CHARLTON H. SHAW OF NEW ELLENTON UPON HIS DEATH.
At 6:l5 P.M. the House in accordance with the motion of Rep. HOLT adjourned to meet at 10:00 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:41 P.M.