Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

All-wise and gracious God, keep us diligent and steadfast in the things that ought to be done. As we come nearer and nearer to the end of this session, we feel the pressure of time. At this stage of the game, it's easy to let up, allowing some things to slide and giving others a "lick and a promise".

When our bodies have grown tired, keep our minds alert;

When our nerves are on edge, hone the edges;

When emotions take over our reasoning, keep us quiet.

Make us students of the past, and forbid that we should squander the present or have little or no vision for the future.

And as You have abundantly blessed us in the past, bless us now and always. 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. DAY.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.

The following was received.

To the Honorable Richard W. Riley, Governor of South Carolina and Members of the General Assembly of South Carolina:

We are pleased to transmit the l985 - 1986 Annual Report of the Joint Legislative Committee on Children. This document serves to provide information in regard to the legislative efforts of the Committee which occurred during the l985 and l986 Legislative Sessions of the l06th General Assembly.

In l985 - 1986, the Children's Committee was composed of nine members, three Representatives, Parker Evatt (R-Richland), Chairman; David M. Beasley (D-Darlington); David H. Wilkins (R-Greenville); three Senators, Elizabeth J. Patterson, Vice-Chairperson (D-Spartanburg); Nick Theodore (D-Greenville); Nell W. Smith (D -Pickens); and three gubernatorial appointees, Doris Coaxum (Charleston); Arlene Andrews (Richland); and Sylvia Dreyfus (Greenville). The Committee was staffed by a Research Director, Anne F. Cushman, Esq., a full-time Research Assistant, Susan P. Agle, an Administrative Assistant, Jane Watson, who was later replaced by Cheryl K. Payton, and two part-time research assistants, Travis L. Cowan and J. Scott Odom.

The alteration of the structure of the traditional family and the pressures imposed by such changes have provided a direct correlation to the hardships and injustices to which children have been subjected. Increased public awareness and concern has drawn attention to these problems and in turn has demanded that a high priority be placed on reaching their resolution. Within this context, the Joint Legislative Committee on Children has been the focal point for this endeavor, not only through the passage of corrective legislation and innovative legislation, but also through the budgetary process. These efforts continue to provide the impetus for much needed reform in children's programs and services.

The Committee has been active on a year round basis by providing continuous research on issues affecting children for legislators, sponsoring legislation, overseeing the appropriation of funds for children's services, responding to inquiries in respect to matters of interest on both a statewide and national basis, and frequently appearing before governmental and civic groups. The Committee has worked in cooperation with other legislative committees, the Governor's Office, the National Council of Juvenile and Family Court Judges, the National Conference of State Legislatures, the Council of State Governments, the American Bar Association and many public and private agencies and groups in coordinating efforts on behalf of children.

CHILD SUPPORT ENFORCEMENT

In 1984, the United States Congress enacted legislation requiring all states to have specific procedures in place by October 1,1985 to enhance and expedite the collections of child support payments. In response to this federal mandate the Children's Committee in conjunction with the Department of Social Services and the Governor's Child Support Commission undertook the study of these requirements. Although certain of these procedures were in place in South Carolina, legislation was necessary in several areas in order to come into compliance.

Accordingly, the Children's Committee sponsored a series of bills during the 1985 legislative sessions. Most significant of these bills was the creation of procedures for the withholding of wages for the collection of past due child support (H. 2561).

Historically, South Carolina has taken a strong position against the garnishment of wages for any purpose. However, after much heated debate , the General Assembly enacted H. 2561, which upon approval by the Governor became effective on June 24, 1985.

Although the efforts of the Committee went far to satisfy federal requirements, one floor amendment to the wage withholding bill kept the State from full compliance. This non-compliance could result in fiscal sanctions from 1% to 5% (up to $4.4 million) of the Title IV-A, Aid to Families with Dependent Children Program. Consequently, remedial legislation was needed in 1986 and appears to be in a position for enactment in the final days of the session.

For the 1985 version of the Wage Withholding Act see Appendix A.

ADOPTION

In recent years it has become increasingly apparent that the absence of uniformity and accountability in our laws has created an adoption process which is subject to abuse and provides little protection for the parties involved.

As a result of the concern and comments generated from a public hearing held by the Children's Committee in 1984, legislation was sponsored by the Committee members in the 1985 legislative session. House bill 2818 addresses these concerns and places safeguards in the adoptions process.

The intent of this comprehensive revision of adoption procedures is to better protect the rights and interests of not only the adoptee, the biological and adopting parents , but also the citizens of South Carolina. For a detailed summary of this Act, see Appendix B.

LEGISLATIVE BULLETIN

During the 1985 - 1986 Legislative Sessions, the Committee continued to provide tracking information on all bills introduced concerning children. The Bulletin was distributed periodically to approximately 550 persons throughout the state who have requested to be kept informed of the status of children's legislation. This service has been provided by the Children's Committee since the l980 Legislative Session. Enacted legislation is presented in Appendix C of this report.

LAW IN THE FIFTY STATES

For the sixth consecutive year, the Committee prepared the "Law in the Fifty States" report for presentation at the annual meeting of the American Bar Association. This document identifies all cases which have been decided by the South Carolina Supreme Court and Court of Appeals during 1985 in the domestic law area. The last section of the report discusses state trends in family law. This report was distributed to all legislators and is attached as Appendix D.

GUARDIAN AD LITEM PILOT PROJECT

The Volunteer Guardian ad Litem Pilot Program, which was initiated in 1984, is administered by the University of South Carolina Trio Programs and is funded through a contract with the Children's Committee. During the first year of operation, TRIO developed training materials and implemented a model program in four (4) judicial circuits; Aiken, Marlboro, Charleston and Horry counties. During the second year of operation it has expanded to ten (10) circuits to include Orangeburg, Sumter, Chester, Greenville, Beaufort, Georgetown and Lexington counties. Next year the Guardian Program will be expanded to all sixteen judicial circuits.

In each selected site, the Volunteer Guardian ad Litem Program is introduced to the commmunity, an area coordinator is employed and volunteers are recruited and trained. In addition, TRIO provides on-going training, technical assistance, supervision and oversight in each previously established circuit.

Over 396 volunteers have been trained as volunteer Guardians. These dedicated individuals have provided assistance to more than 1,000 abused and neglected children in South Carolina.

CHILDREN'S WEEK

The Children's Committee in conjunction with the Children's Trust Fund sponsored "Children's Week in South Carolina during October 13 - 19, 1985. Kick -off festivities were held on the Capitol grounds with special guests and celebrities joining in the ceremony. The finale of this event was a "Circle of Hope" in which everyone joined hands and circled the Statehouse symbolizing our united interest in children and to serve as a reminder that their tomorrows depend upon our working together today.

The theme for this week was "Celebrate Children", and many agencies and organizations, both public and private participated in this week long celebration. Among the activities held during the week were mall, library and school display fairs, poster contest, publication and distribution of children's services directories, the awarding of the Children's Trust Fund grants and Child Support Enforcement Day.

Through the designation of Children's Week and the events held across the state a special awareness was drawn to the needs of South Carolina's children and the responsibility that parents and advocates have toward meeting these needs.

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1315, SO AS TO AUTHORIZE AND PROVIDE THE PROCEDURES FOR THE WITHHOLDING OF VARIOUS TYPES OF INCOME TO SECURE THE PAYMENT OF CHILD SUPPORT OR SPOUSAL SUPPORT OBLIGATIONS, TO AUTHORIZE CIVIL FINES FOR CERTAIN VIOLATIONS, AND TO PROVIDE CERTAIN EXCEPTIONS BY ADDING SECTION 20-7-1316 SO AS TO AUTHORIZE THE RECORDING UNDER CERTAIN CONDITIONS OF AN ARREARAGE IN SUPPORT OBLIGATIONS IN OFFICE OF THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES TO HAVE THE SAME FORCE AND EFFECT AS A JUDGMENT, AND TO PROVIDE THAT ANY FEDERAL FUNDS EARNED BY THE CLERKS OF COURT UNDER CONTRACT WITH THE DEPARTMENT OF SOCIAL SERVICES PURSUANT TO TITLE IV-D OF THE SOCIAL SECURITY ACT MUST FIRST BE USED TO PROVIDE ADEQUATE STAFF AND EQUIPMENT TO IMPLEMENT AND OPERATE THE PROVISIONS OF SECTION 20-7-1315.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

Section 20-7-1315. (A) As used in this section:

(1) 'Order for support' means any order of a court which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final, and includes any order which provides for:

(a) Modification or resumption of support,

(b) Payment of arrearage accrued under a previously existing order, or

(c) Reimbursement of support.

(2) 'Delinquency' means when a support payment owed by an obligor pursuant to an order of support is overdue in an amount equal to at least one month's support obligation.

(3) 'Arrearage' means the total amount of unpaid support obligations.

(4) 'Court' as used in this act means Family Court.

(5) 'Income' means any form of payment to an individual regardless of source including, but not limited to, wages, salary, commission, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, and any other payments made by a person, or an agency or department of the federal, state, or local government provided the income excludes:

(a) Any amounts required by law to be withheld, other than creditor claims, including but not limited to, federal, state, and local taxes, and social security and other retirement deductions, and disability contributions.

(b) Any amounts exempted by federal law.

(c) Public assistance payments.
Any other state or local laws which limit or exempt income or the amount or percentage of income that can be withheld do not apply.

(6) 'Obligor' means an individual who is required to make payments pursuant to order for support.

(7) 'Obligee' means an individual or the individual's assignee who is entitled to receive payments pursuant to an order of support.

(8) 'Payor' means any payor of income to an obligor. For purposes of this section, the South Carolina Employment Security Commission is construed to be an employer of the obligor for any period of time in which unemployment compensation is payable to the obligor.

(B)(1) All orders for support entered or modified on or after October 1, 1985, must contain the obligor's social security number and a provision for income withholding procedures to take effect in the event a delinquency occurs. These orders must be construed to contain this withholding provision even if the provision has been omitted from the written order; provided, the court may order withholding to begin immediately for good cause shown. The court is required to make specified written findings to support immediate withholding.

(2) In the case of each obligor against whom an order for support has been issued or modified prior to October 1, 1985, the order is presumed to contain a provision for income withholding procedures to take effect in the event a delinquency occurs without further amendment to the order or further action by the court.

(3) An obligor may petition the court at any time prior to the occurrence of a delinquency seeking an order for income withholding procedures to begin immediately.

(4) Where the obligor makes payments directly to the obligee pursuant to an order for support and where income withholding procedures take effect, the provisions to pay directly are superseded by the withholding process and the obligor and the payor on behalf of the obligor must during the period of withholding pay this support through the court.

(C)(1) When a delinquency occurs, the clerk of court shall prepare, file, and serve on the obligor a verified notice of delinquency. In cases where the obligor makes payments pursuant to an order for support directly to the obligee and the obligee seeks income withholding, the notice of delinquency must be verified by the obligee and then served on the obligor by the clerk of court as with any other notice of delinquency.

(2) The verified notice of delinquency must be served on the obligor by regular mail addressed to his last known address or place of employment. Upon mailing the notice the clerk of court shall file a certificate of mailing stating the name and address to which the notice was mailed and the date on which it was mailed. In the event that service cannot be effected as set forth herein, the obligor may be served as prescribed for service in civil actions.

(3) The notice of delinquency shall inform the obligor that a delinquency has occurred and shall recite the monthly support obligations of the obligor pursuant to the order of support, the total amount of the arrearage as of the date of the notice, and the amount of income to be withheld. The notice must clearly state that a notice to withhold will be sent to the obligor's current or subsequent payor, income withholding will begin, and that a judgment lien may be imposed against the obligor's personal or real property in the amount of the arrearage pursuant to Section 20-7-1316, unless the obligor files a petition to stay service in accordance with subsection (D).

(D)(1) The obligor may prevent a notice to withhold from being served on his payor and prevent the recording of the arrearage pursuant to Section 20-7-1316 by filing a petition to stay service with the clerk of court with jurisdiction of the matter within ten days of the date that the notice of delinquency is postmarked; provided, the grounds for granting the petition to stay service are limited to a dispute concerning the identity of the obligor or the existence or amount of the arrearage.

(2) Filing of a petition to stay service within the ten days required under this subsection prohibits the clerk of court from serving the notice to withhold on any payor of the obligor and prohibits the recordation of the arrearage.

(3) Where a petition to stay service has been filed a hearing on the petition must be held within thirty days of its filing. The obligor, obligee, and Department of Social Services, where appropriate, must be notified by the clerk of court of the date, time, and place of the hearing and the court must decide the matter, notify the obligor, and enter an order granting or denying relief or amending the notice of delinquency within forty-five days of the date the notice of delinquency was mailed to the obligor. If the court finds that a delinquency existed when the notice of delinquency was mailed, the court shall order immediate service of the notice to withhold and the arrearage may be recorded immediately pursuant to Section 20-7-1316. The court shall inform the obligor of the time frame within which withholding is to begin and shall provide the obligor in writing with the information contained in the notice to withhold to be served on the payor with respect to the withholding.

(4) Upon filing an affidavit with the court stating that a petition to stay service was not timely filed because the notice of delinquency was not received and that grounds exist for a petition to stay service as stated in item (1) of this subsection, the obligor is permitted to file a petition to withdraw the notice to withhold, to terminate the withholding procedures, and remove the judgment created by the recording of the arrearage. Income withholding may not, however, be interrupted unless the court enters an order granting the relief sought by the obligor based on the limited grounds for a petition to stay service.

(E)(1) Twenty days following the mailing of the notice of the delinquency to the obligor and where no petition to stay service has been filed, the clerk of court shall serve a notice to withhold on the payor or its agent by regular mail and may record the arrearage pursuant to Section 20-7-1316.

(2) The notice to withhold shall:

(a) Direct any payor to withhold at the obligor's regularly scheduled pay periods, an amount which, over the period of one month, would constitute one month's support obligation plus applicable fees pursuant to this section and costs as provided by Section 20-7-1440;

(b) Direct any payor to withhold an additional amount toward any arrearage until the arrearage is paid in full; provided, that amounts to be withheld under (a) and (b) shall not exceed the limits set forth by the Federal Consumer Credit Protection Act (15 U.S.C. 1673(b));

(c) State the rights, responsibilities, and liabilities of the payor under this section;

(3) The payor shall then deduct the designated amount pursuant to the notice to withhold beginning no later than the next regularly scheduled pay period following the pay period during which the payor was served. Payors need not change their regular payroll pattern and may combine all withheld amounts into one check for a particular clerk of court with an itemized statement showing accounts attributable to each obligor for each obligee. For each instance of withholding of income, the payor is entitled to receive a fee of up to three dollars to be deducted from the income of the obligor in addition to the amounts withheld pursuant to the notice to withhold unless the fee is waived by the payor.

(4) In cases where there is more than one notice to withhold on a single obligor, the payor must comply with the notices by withholding the amounts designated in the notices to the extent possible pursuant to the Federal Consumer Credit Protection Act (15 U.S.C. 1673 (b)). If the payor cannot fully comply with the notices because the amounts to be withheld would exceed the limits under the Federal Consumer Credit Protection Act, the payor shall notify the court in writing as to its reasons for failing to fully comply.

(5) The payor shall promptly pay the amount withheld to the clerk of court, in accordance with the notice to withhold and in accordance with any subsequent notification received from the clerk of court concerning withholding.

(6) Upon the records of the clerk of court reflecting the satisfaction of an arrearage, the clerk of court shall serve upon the payor by regular mail a notice of reduction of withholding. This notice shall inform the payor that the arrearage has been satisfied and to discontinue withholding the additional amount as prescribed in item 2(b) of this subsection. This reduction shall not, however, affect the continued withholding of the amount prescribed in item 2(c) of this subsection.

(7) Within twenty days after the obligor is no longer employed by the payor, the payor shall return a copy of the notice to withhold to the clerk of court, and shall notify the clerk of court in writing of the date the obligor's employment terminated, the date of the obligor's final paycheck, the obligor's home address, and obligor's new employer and address, if known.

(8) Withholding of income from an obligor under this section has priority over any other legal process under state law against the same wages. Payment pursuant to a notice to withhold is a complete defense by the payor against any claims of the obligor or his creditors as to the sum so paid.

(9) No payor may discharge, refuse to hire, or otherwise penalize any obligor because of the duty to withhold income.

(10) The responsibility of a payor who employs an obligor to withhold support from the pay of the obligor ends when the obligor leaves the employ of the payor. If this termination of employment occurs during the middle of a pay period, the final amount required to be withheld must be proportionately reduced in the same percentage that the time worked has to the time of the full pay period.

(F) (1) The clerk of court may suspend income withholding because of inability to deliver the income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery. Upon relocating the obligee and upon meeting the requirements of notice and service pursuant to this section, income withholding must be reinstated.

(2) An obligor may petition the court at any time to terminate income withholding when payments pursuant to a notice to withhold have been made for at least one year, all arrearages have been paid in full, and the court finds that the obligor has demonstrated a continuing ability to pay. For any petition brought under this item the court may order the withdrawal of the notice to withhold and terminate the withholding procedures unless it finds good cause for denying the petition. If the termination is granted and subsequently a delinquency occurs, the clerk of court shall reinstate withholding procedures by complying with all requirements for notice and service pursuant to this section.

(3) The clerk of court shall serve on the payor, by regular mail, a copy of any order entered pursuant to this subsection or subsection (D)(4) that affects the duties of the payor. In the event that service cannot be effected as set forth herein, the payor may be served as prescribed for service in civil actions.

(4) The notice to withhold shall continue to be binding upon the payor until service of any order of the court entered under this subsection or subsection (D)(4) or until notice is served on the payor by the clerk of court that the underlying order is, for other reasons such as expiration of the support obligation, no longer in effect.

(G) (1) An obligee who is receiving income withholding payments under this section shall notify the clerk of court of any change of address within seven days of the change.

(2) An obligee who is a recipient of public aid must send a copy of any notice of delinquency filed pursuant to subsection (C) to the Division of Child Support of the South Carolina Department of Social Services.

(3) An obligor whose income is being withheld or who has been served with a notice of delinquency pursuant to this section shall notify the clerk of court of any new payor within seven days after his employment commences.

(4) Upon receiving any other support payment including, but not limited to, a tax offset under federal or state law or any payment toward an arrearage, the Department of Social Services, within the time permitted by Title IV-D of the Social Security Act, shall provide notice of the payment to the clerk of court.

(5) Any clerk of court which collects, receives, or disburses payment pursuant to an order for support or a notice to withhold shall maintain complete, accurate, and clear records of all payments and their disbursements. Certified copies of payment records maintained by the clerk of court must, without further proof, be admitted into evidence in any legal proceedings under this section.

(6) The Department of Social Services and Office of the Court Administration shall design suggested legal forms for proceeding under this section and Section 20-7-1316 and shall make these forms available to the courts and also informational materials which describe the procedures and remedies set forth herein for distribution to all parties in support actions.

(H) (1) Where a payor wilfully fails to withhold or pay over income pursuant to a notice to withhold, the court upon notice and hearing may enter judgment and direct the issuance of an execution against the payor for the total amount that the payor wilfully failed to withhold; provided, that notwithstanding any other provision of Section 20-7-1315, any payor employing an obligor who receives a notice to withhold concerning that obligor may elect, if he has less than twenty-five employees, to perform this withholding or may elect not to perform this withholding. If this payor/employer elects not to perform this withholding, he is not subject to any court or other sanction, penalty or liability. A payor who wilfully refuses to hire, discharge, or otherwise penalize an obligor as prohibited by subsection (E)(9) is subject to a civil fine not to exceed $500 which may be imposed by the court in its discretion.

(2) If an obligor, obligee, or the Department of Social Services wilfully initiates a false proceeding under this section or wilfully fails to comply with the requirements of this section, punishment for contempt may be imposed.

(I) The rights, remedies, duties, and penalties created by this section are in addition to any other rights, remedies, duties, and penalties otherwise provided by law.

(J) The Office of Court Administration after consultation with the Department of Social Services is authorized to promulgate those regulations necessary to implement the provisions of this section."

SECTION 2. Notwithstanding existing county funds allocated to the clerks of court, any federal funds earned by the clerks of court under a contract with the Department of Social Services pursuant to Title IV-D of the Social Security Act must first be used by the family court section of the respective offices of the clerks of court to provide adequate staff and equipment to implement and operate the provisions of Section 20-7-1315. Thereafter, excess funds shall revert to the general fund of the county.

SECTION 3. The 1976 Code is amended by adding:
"Section 20-7-1316. When a delinquency occurs as defined in Section 20-7-1315, the obligor must be given notice pursuant to Section 20-7-1315(C) of the proposed lien. Where no petition to stay service is timely filed or where no relief is granted to the obligor pursuant to Section 20-7-1315(D), the arrearage may be recorded or provided for in Section 20-7-1315(E) in the appropriate index in the office of the Clerk of Court or Register of Mesne Conveyances. Upon recordation the arrearage has the same force and effect as a judgment and it is cumulative to the extent of any and all past due support, until the arrearage is paid in full. The judgment may be recorded in any county in which the obligor resides or in which he owns real property by the filing of a transcript of judgment in that county. A lien imposed pursuant to this section is not dischargeable in bankruptcy."

SECTION 4. This act shall take effect upon approval by the Governor.

BACKGROUND

In recent years it has become increasingly apparent that the absence of regulation in our laws has created an adoption process which is subject to abuse and provides little protection for the parties involved. This Adoption Act addresses this problem by placing more accountability and uniformity into the adoption process. It is the intent of this legislation to better protect the rights and interests of not only the adoptee, the biological and adopting parents but also the citizens of South Carolina. The following provides a detailed summary of these provisions.

SECTION 1

TITLE

THE FOLLOWING SIX SECTIONS OF SECTION 1 OF THIS BILL ARE ADMINISTRATIVE PROVISIONS OF THE CHILDREN'S BUREAU AND WERE PLACED IN THE ADOPTION PROCEDURES PORTION OF THE CHILDREN'S CODE WHEN IT WAS COMPILED. THEY ARE TO BE RETURNED TO SUBARTICLE 3 OF ARTICLE 13 OF THE CHILDREN'S BUREAU SECTION. A REPEALER OF THESE SECTIONS IN THE CURRENT CODE OF LAWS IS IN SECTION 3 OF THIS BILL.

20-7-2327     Placement of Children
20-7-2335     Investigation and Supervision In

Behalf of Each Child
20-7-2337     Records
20-7-2345     Bureau Shall Act as Guardian; Consent

to Adoption
20-7-2355     Report of Removal of Child from

Natural Mother

20-7-2365     Children's Bureau to be Notified of

Children Brought into State; Yearly

Report on Location and Well-Being of

Child

SECTION 2

20-7-1645     SOUTH CAROLINA ADOPTION ACT
20-7-1647     DECLARATION OF PURPOSE

This policy statement sets the tone of the Act which:

(1) Establishes fair and reasonable procedures for adoption;

(2) Provides for recognition of the interdependent needs of the biological and adoptive parents with the child's best interest superseding any other factors;

(3) States that children are to be placed for adoption only with South Carolina residents except in unusual or exceptional circumstances.

20-7-1650     DEFINITIONS

(a)     Adoptee

(b)     Adoption

(c)     Adoptive Parent

(d)     Child

(e)     Child Placing Agency

(f)     Consent

(g)     Legal Age

(h)     Relinquishment

(i)     South Carolina Resident

(j)     Special Needs Child

20-7-1660     CHILDREN WHO MAY BE ADOPTED

Any child in the State when the petition is filed, regardless of place of birth or residency may be adopted.

20-7-1670     PERSONS WHO MAY ADOPT

Placement for adoption is limited to South Carolina residents. Exceptions may be made in the following circumstances:

(a) Special needs children;

(b) Public notoriety regarding the case and the best interest of the child would be served;

(c) An individual related by blood or marriage to the child;

(d) One of the adopting parents is in the military and stationed in SC;

(e) There are specific findings of fact that exceptional or unusual circumstances exist and the adoption is in the best interest of the child.

Requires compliance with the Interstate Compact on the Placement of Children prior to placement.

20-7-1680     JURISDICTION AND VENUE

The Family Court has exclusive jurisdiction. Proceedings by South Carolina residents may be brought where the child or petitioner resides or is in military service.

Proceedings by non-residents must be in the county where the child resides or where the agency having custody of the child is located. The Family Court may order a change of venue.

20-7-1690     REQUIRED CONSENTS OR RELINQUISHMENTS
(A) Consents or relinquishments are required of the following:

(1) An adoptee over 14 years of age unless not capable or not in best interest.

(2) Parents of a child conceived or born in-wedlock.

(3) The mother of a child born out-of-wedlock.

(4) The father of a child born out-of-wedlock and placed for adoption more than 6 months after birth, if the father:

(a) Contributed, according to his means, a fair and reasonable amount to the support of the child and either

(b) Visited monthly when financially and physically able to do so and was not prevented by the person or agency having custody, OR

(c) when he was not financially or physically able to visit or he was prevented from visiting, he communicated regularly with the child or person or agency having custody.

If the father failed to maintain the above contacts, the father's subjective intent to do so can not preclude a determination that his consent is not required. The court cannot require diligent efforts of an agency or person to encourage the father to demonstrate this conduct.

Consent is required of a father who openly lived with a child born out-of-wedlock for a period of 6 months within the one year preceding the placement of the child for adoption and held himself out to be the father of the child.

(5) The father of a child born out-of-wedlock and placed for adoption at 6 months or less than 6 months after birth, if the father:

(a) Openly lived with the child or the child's mother for a continuous period of 6 months immediately preceding the adoption placement and openly held himself out to be the father of the child during this period, or

(b) Contributed, according to his means, a fair and reasonable sum for the medical expenses incurred in connection with the pregnancy or childbirth.

(B) Consent or relinquishment is required of the legal guardian, child placing agency or person with court ordered custody if:

(1) Both parents are deceased, or

(2) Parental rights of both parents have been terminated, or

(3) The child has been relinquished for adoption.

If an agency refuses to consent to an adoption, the person denied consent must be informed of his rights to judicial review.

(C) Consent or relinquishment by a minor is allowed and cannot be revoked because of minority.

(D) No parent, guardian, legal guardian or child placing agency may accept compensation for releasing a child for adoption. However, costs for expenses incurred may be assessed.

20-7-1695     PERSONS WHOSE CONSENTS OR

RELINQUISHMENTS ARE NOT REQUIRED
(A) No consent is required, even if it would ordinarily be required by Section 20-7-1690, if:

(1) Parental rights have been terminated;

(2) The parent has been adjudged incompetent pursuant to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing and is unlikely to be restored for a period of time and it would be detrimental to the child to delay the adoption. A guardian ad litem must be appointed for such parent.

(B) A parent who has executed a relinquishment to an agency for adoption of a child shall not also be required to execute a consent document.

20-7-1700     FORM OF CONSENT OR RELINQUISHMENT
(A) Consent or relinquishment must be made by a sworn document and signed by the person executing it. It must specify:

(1) The permanent address of the person giving the consent or relinquishment;

(2) Date, time and place of the signing;

(3) Date of birth, race, sex and any names by which the adoptee has been known;

(4) Relationship of the adoptee to the person giving consent or relinquishment;

(5) The names and addresses of the adoptees mother or father;

(6) A statement indicating that the person giving the consent or relinquishment forfeits all rights and obligations to the adoptee;

(7) A statement indicating that once consent or relinquishment is given must not be withdrawn except by order of a court upon a finding that it is in the best interest of the child and that consent or relinquishment was not voluntarily given or was obtained through duress or coercion; and that entry of the final decree renders consent or relinquishment irrevocable;

(8) A statement indicating that the person understands that consent or relinquishment must not be given if psychological or legal advice is needed or desired;

(9) The person waives further notice unless the proceedings are contested;

(10) The person has not been subject to any pressure and voluntarily gives consent;

(11) The person has received a copy of the document.

(B) A child placing agency which has received a proper relinquishment does not have to meet the above requirements when giving consent. However, the sworn document relinquishing the child must be filed with the court.

20-7-1705     PERSONS WHO MAY TAKE CONSENTS OR

RELINQUISHMENTS
(A) Consents or relinquishments must be signed in the presence of two witnesses, one of whom must be:

(1) A family court judge;

(2) A South Carolina attorney not representing the adoption petitioners;

(3) A certified investigator;

(4) When out of state, by an attorney licensed by that state, or a person designated or appointed by that state's law to take consents or conduct homestudies or a person in that state authorized by a South Carolina family court judge.

(B) A signed statement must be attached to the consent by the witnesses indicating that the consent document was reviewed and explained to the person executing the document and that it was freely, knowingly, intentionally and voluntarily executed.

(C) A copy of the document must be given to the person at the time of signing.

20-7-1720     WITHDRAWAL OF CONSENT OR RELINQUISHMENT.

Withdrawal is not permitted except upon order of the court after notice and an opportunity to be heard is given to all persons concerned and the court finds that withdrawal is in the best interest of the child and consent or relinquishment was not voluntarily given or was obtained under duress or through coercion. Entry of the final decree renders any consent or relinquishment irrevocable.

20-7-1730     CONTENTS OF PETITION FOR ADOPTION;

FILING WRITTEN CONSENT.
(A) A petition for adoption shall specify:

(1) Petitioner's name, age, address, residence, marital status and date of marriage.

(2) When the petitioner will or has obtained custody or placement of the child and from whom.

(3) The date and place of birth of child.

(4) The name or new name of the child.

(5) The petitioner wants to establish a parent-child relationship, is a fit and proper person and able to care for the child.

(6) A description and value of all property owned by the child.

(7) Facts which excuse consent or notice.

(8) Facts which may permit adoption by a non-resident.

(9) Existence and nature of prior court orders affecting custody, support or visitation.

(l0) Relationship of petitioner to the adoptee.

(ll) Name and address of person or agency facilitating placement.

(B) The petition must be filed within 30 days after placement of the child.

(C) Consent or relinquishment must be filed at the time the petition is filed or thereafter with consent of the court.

(D) Preplacement and background investigation reports must be attached to the petition. Postplacement reports must be completed and filed at the final hearing.

(E) A statement of money or anything of value made within the past 5 years or agreed to be made in the future by the petitioners or on their behalf, to anyone connected with the adoption.

20-7-1732     APPOINTMENT OF GUARDIAN AD LITEM.

Subsequent to filing the petition and before any hearing, a guardian ad litem must be appointed.

20-7-1734     NOTICE OF ADOPTION PROCEEDINGS
(A) Notice must be given, unless consent or relinquishment has been given or parental rights have been terminated.

(B) Persons entitled to notice are:

(1) Anyone adjudicated to be the father.

(2) Anyone required to give consent or relinquishment and from whom it cannot be obtained.

(3) The father of a child born out-of-wedlock who has not met the provisions of Section 20-7-1690 requiring consent.

(4) Anyone listed on the birth certificate as the father.

(5) Anyone who is openly living with the child and/or the child's mother at the time the proceeding is initiated and who is holding himself out to be the child's father.

(6) Anyone identified by the mother in a sworn document to be the father.

(7) Anyone who has been adjudged incompetent pursuant to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing and is unlikely to be restored for a period of time and it would be detrimental to the child to delay the adoption.

(C) No person is entitled notice if the child was conceived as a result of criminal sexual conduct or incest.

(D) Any person entitled to notice must be given such notice in the manner prescribed by law for personal service of summons in civil actions, or if notice cannot be given in this manner it may be given by publication or however the court finds will likely provide notice to an individual.

(E) Notice shall include:

(1) That within 30 days of receipt, a person must notify the court in writing of intent to contest, intervene or otherwise respond; and

(2) The court must be informed of current or any change of address during the adoption proceeding.

(3) Failure to respond within the 30 days of receipt of notice constitutes consent to the adoption and forfeiture of all rights and obligation to the child.

When notice to contest, intervene or otherwise respond is filed with the court within 30 days, the person must be given the opportunity to appear and be heard prior to the final hearing on the merits of the adoption.

Petitioners must be notified of such intent and be afforded the same opportunities.

20-7-1738     CUSTODY PENDING FINAL DECREE

Once a child is placed with prospective adoptive parents and an adoption petition is filed, the petitioners shall have temporary custody and are responsible for the care, maintenance and support of the adoptee, to include medical treatment.

20-7-1740     INVESTIGATIONS AND REPORTS

Prior to the final hearing for adoption, three investigations and reports must be completed.
(A) A preplacement homestudy and background investigation must occur prior to placement of the child with the prospective adopting parents.

(1) The preplacement homestudy will answer the following:

(a) If the home of the adopting parents is suitable.

(b) If the adopting parents emotional maturity, finances, health, relationships and other relevant factors will affect their ability to accept, care and provide for the future of the adoptee.

(c) If the petitioners have ever been involved in any abuse or neglect proceedings.

(d) Race, sex and age of the adoptee and if the child is suitable for adoption by the petitioners.

(e) The reason for the adoptee's placement away from the biological parents.

(f) If the adoptee, if of appropriate age or mental condition, desires to be adopted.

(g) If the placement is in the best interest of the child.

(h) If the petitioners have completed counseling or a family preparation course.

(i) If the placement is approved and if not, why.

(j) Any other pertinent information that would have a bearing on the adoption.

(2) If the waiting period exceeds one year from completion of the report, updates must be provided at that time and every six months thereafter.

(3) A background investigation must not disclose the identity of the biological parent and will contain medical histories of the adoptee and all family members.

(4) Upon good cause the court may permit temporary custody and placement of a child with the prospective adoptive parents prior to completion of the homestudy or background investigation.

(B) A postplacement investigation and report must be completed after the filing of the petition. Copies will be provided to the petitioners and filed with the court at the final hearing. The postplacement report shall:

(1) Verify the petition contents, attachments and the accounting of disbursements.

(2) Evaluate the progress of the placement.

(3) Determine if the adoption is still in the best interest of the child.

(C) All persons associated with the preparation of these reports shall be available for examination and cross-examination concerning the contents and recommendations contained within.

20-7-1750     CERTIFICATION OF INVESTIGATORS.

The Bureau shall also develop, revise and publish quarterly a directory of certified persons and agencies. In the case of a non-resident adoption, the family court may authorize a qualified non-resident to conduct these investigations. The Bureau shall promulgate regulations for issuing, monitoring and revocation of certificates and sanctioning of non-compliance. Persons certified may charge a reasonable fee for services. With the exception of those persons identified in Section 20-7-l705 (A) (l), (2), and (4), any person who conducts an investigation or obtains consent or relinquishments for adoption shall be certified by the Children's Bureau.

20-7-1760     FINAL HEARING
(A) The final hearing must not be held prior to 90 days and no later than 6 months after the filing of the petition. Special needs children can be extended up to 12 months. Upon good cause shown, the court may extend the time for other cases.

(B) Following the final hearing and satisfactory examination of the record and required reports, the court shall issue an order granting adoption, if:

(1) The adoptee has been in the custody of the petitioners for 90 days;

(2) All required consents and relinquishments have been obtained;

(3) All persons entitled to notice have received such and any necessary hearings have been held and ruled upon;

(4) The disbursements are reasonable;

(5) The petitioners are fit and proper persons and able to care for the child;

(6) The best interests of the child are served;

(7) For non-resident adoptions, all necessary findings are included in the order and there has been compliance with the Interstate Compact on the Placement of Children.

(C) The court shall enter its findings in a written decree and further order that the adoptee is the child of the petitioners.

20-7-1770     EFFECT OF FINAL DECREE
(A) After the final decree is entered, the adoptee becomes the child of the adopting parents with all rights, duties and other legal consequences of a natural relation of child and parent.

(B) After the final decree is entered, the biological parents are relieved of all parental responsibilities for the child.

(C) From the date of the final decree, the adoptee is considered a natural child for inheritance purposes.

(D) Biological parents' rights shall not change if their rights are not expressly affected by the final decree of adoption.

20-7-1775     ACCOUNTING OF DISBURSEMENTS
(A) At the final hearing the petitioner shall file a full, itemized listing of all disbursements of anything of value made, agreed to be made or anticipated being made by or on behalf of the petitioner in connection with the adoption. It is to be verified under penalty of perjury.

(B) The accounting must include:

(l) dates and amounts paid;

(2) names and addresses to whom payments were made;

(3) services received and by whom.

20-7-l780     HEARINGS AND RECORDS SHALL BE

CONFIDENTIAL: ACCESS TO RECORDS;

FURNISHING NONIDENTIFYING INFORMATION
(A) Unless otherwise ordered, all hearings are confidential and shall be held in closed court.

(B) All papers and records filed with the Clerk of Court are confidential and are to be withheld from public inspection. Court records shall be sealed after issuance of a final decree. Only the Court can order access upon good cause shown.

(C) All files and records pertaining to the adoption maintained by the Department of Social Services, Children's Bureau or any certified investigator are confidential and are only subject to access upon order of the Court for good cause shown.

(D) Nonidentifying information can be provided to adoptees, biological and adopting parents at the sole discretion of a chief executive officer of an agency if it is in the best interest of the persons concerned or if sufficient reason justifying such relief has been established. This includes health and medical histories, general family background and length of time the child has been in the care and custody of the adoptive parents.

(E) (l) Public adoption agencies having placed a child for adoption shall furnish identifying information to an adoptee, and to biological parents and siblings if:

(a) The adoptee is 2l or older and has applied in writing to the agency for the information.

(b) The agency must have current affidavits from the adoptee, biological parents and siblings, if applicable, stating they are willing to have their identities revealed.

(c) The agency shall maintain a confidential register of all individuals who have filed affidavits.

(d) Those seeking identifying information must receive counseling from the agency prior to disclosure of the information.

(e) The adoptive parents do not object in writing within 30 days of notice from the agency of the pending application.

(2) No disclosure may be made within 30 days after compliance with these conditions.

(3) Disclosure may be delayed by the agency for 20 days beyond the 30 day waiting period to allow time to apply for an injunction for forbidding disclosure.

20-7-l790     ISSUANCE AND FILING OF AMENDED BIRTH

CERTIFICATES
(A) In an adoption handled by an agency, the petitioner's attorney must provide the agency with a certified copy of the adoption decree and a Certificate of Adoption, to be completed by the agency and transmitted to vital statistics within 30 days of the filing of the decree.

(B) In other adoptions the petitioner's attorney must provide the Clerk of Court with the Certificate of Adoption to be verified and transmitted to Vital Statistics within 30 days of the filing of the final decree.

(C) Upon receipt of a certified Certificate of Adoption, the State Registrar shall prepare a supplementary certificate of birth in the new name of the adoptee with no reference to the adoption.

(D) The Certificate of Adoption can only be used for adoptions.

(E) The County Registrar must return the locally filed copy of the original birth certificate to the State Registrar to be sealed. An amended certificate will be sent to the county.

20-7-l800     APPEALS
Appeals are allowed as in any other judicial process except that no final decree of adoption shall be subject to collateral attack for any reason after a period of one year.

20-7-l8l0     EFFECT OF FOREIGN DECREES OF ADOPTION
When the relationship of parent and child has been created by a decree of adoption the rights and obligations of the parties as to matters within the jurisdiction of this State shall be determined by Section 20-7-l770.

20-7-l820     STEP-PARENT ADOPTIONS
In stepparent, blood or marriage and in relative adoptions:

(a) no investigations or reports pursuant to Section 20-7-l740 are required unless they are ordered by the court;

(b) no accounting of disbursements pursuant to Section 20-7-l775 is required unless the court determines otherwise; and

(c) the 90 (ninety) day waiting period before the final hearing may be waived on good cause shown.

20-7-l825     ADOPTION OF ADULTS
One adult may be adopted by another adult with the consent of the adoptee or his guardian and the consent of the spouse, if any, of a sole adoptive parent. Consent is not required of the biological parent, but notice must be given. Any person entitled to notice must be given such notice in the manner prescribed by law for personal service of summons in civil actions, or if notice cannot be given in this manner it may be given by publication or however the court finds will likely provide notice to an individual. Sections 20-7-l647 through 20-7-l760 do not apply to an adult person. A petition must be filed where the adoptive parent resides, investigations may be ordered and after a hearing on the petition, a decree of adoption may be ordered where the court finds it in the best interest of the person involved. The legal consequences of 20-7-l770 are applicable.

Sections 20-7-l890 of the l976 Code are repealed. These are the administrative provisions of the Children's Bureau previously listed in SECTION l.

This Act takes effect six months after approval by the Governor. Exceptions are provided for adoption proceedings in progress and incomplete before the effective date unless otherwise directed by the Family Court.

South Carolina Adoption Act, R. 515 (H. 2818)

Effective 12/3/86

This Act provides for a comprehensive revision of adoption proceedings and laws. (see Appendix B for a Detailed Summary of the bill.)
Sponsors: Representatives Wilkins, Evatt, Beasley

Adoption Reunion Registry, Act 157 (S. 001)

Effective 6/21/85

This Act authorizes public adoption agencies to release identifying information of adopted persons and biological parents where the adoptee is at least 21 years of age; each person has requested the information in writing; and, all parties involved have consented or failed to object to such release.
Sponsor: Senator Tom Smith

Right to Judicial Review When Denied Consent To

Adopt, Act 82 (S. 004) Effective 5/13/85

This Act requires informing individuals of their right to judicial review when they are refused an agency's consent to adopt a child.
Sponsor: Senator Glenn McConnell

Special Needs Child Tax Deduction, R. 502

(S. 1160) Effective 1986 Tax Year

This Act allows a $2,000.00 deduction for South Carolina income tax purposes to a person who has adopted a "Special Needs Child".
Sponsors: Senators Patterson, Smith and Theodore

Adoption Merger, (H. 3345)

This Act merges the Children's Bureau into the adoption unit of the Department of Social Services and creates a transition committee which will submit a plan for approval by the Legislature.
Sponsors: Representative Kirsh and others

Age of Purchase, Act 117 (H. 2261) Effective

9/14/86

This Act makes it unlawful for anyone to sell beer or wine to anyone under the age of twenty-one and for anyone under twenty-one to purchase such items.
Sponsor: House Judiciary Committee

Expanded Definition of Child Abuser, R. 343

(H. 2785) Effective 2/20/86

This Act expands the definition of "a person responsible for a child's welfare" to include an operator or caregiver of a child day care facility thereby expanding the persons who can be investigated for abuse or neglect by the Department of Social Services.
Sponsors: Representatives Evatt, Beasley, Wilkins

Definition of Local Child Protective Services

Agency, R. 353 (H. 2787) Effective 3/10/86

This Act expands the definition of "local child protective services agency" to include the Department of Social Services. It further enumerates the duties of the local agency to include compliance with DSS state policies and procedures.
Sponsors: Representative Evatt, Beasley, Wilkins

Services to Children Born to Incarcerated

Mothers, Act 146 (S. 205) Effective 6/7/85

This Act requires the Department of Social Services upon referral to provide services to children born to incarcerated mothers when no provision has been made for placement of the child outside the prison setting.
Sponsor: Senate Corrections and Penology

Committee

Authority of State Ombudsman, R. 369 (S. 786)

Effective 3/27/86

This Act clarifies the State Ombudsman's authority to obtain information from the Department of Social Services on institutional abuse reports.
Sponsors: Senators Patterson, Smith, Theodore

Authority of State Ombudsman, R. 368 (S. 787)

Effective 3/27/86

This Act authorizes the State Ombudsman's Office to investigate all reports of abuse or neglect when the child is in an institution or agency licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health.
Sponsors: Senators Patterson, Smith, Theodore

Marital Privilege, R. 486 (H. 3287) Effective

5/21/86

This Act requires a husband or wife testifying in a criminal case to disclose information made by one to the other relating to criminal sexual conduct with a minor notwithstanding marital privilege.
Sponsors: Representatives Evatt, Beasley, Wilkins

AFDC Automatic Assignment of Rights, Act 108

Effective 5/2/85

This Act provides for automatic assignment of rights to the Department of Social Services for the collection of child support in AFDC.
Sponsors: Representatives Evatt, Beasley, Wilkins

Fees for Child Support Services, Act 69

(H. 2558) Effective 5/2/85

This Act allows the Department of Social Services the option to charge a fee for child support collection services in Non-AFDC cases.
Sponsors: Representatives Evatt, Beasley, Wilkins

Interstate Wage Withholding, Act 192 (H. 2560)

Effective 6/24/85

This Act provides procedures for interstate enforcement of child support obligations through wage withholding.
Sponsors: Representatives Evatt, Beasley, Wilkins

Wage Withholding, Act 195 (H. 2561) Effective

6/24/85

This Act establishes procedures for collection of child support through wage withholding when an amount equaling one month's support obligation is overdue. (See Appendix A)
Sponsors: Representatives Evatt, Beasley, Wilkins

Tax Commission Information on Persons Owing Child

Support, Act 113 (H. 2563) Effective 5/24/85

This Act authorizes the Tax Commission to provide the Department of Social Services with certain information on parents owing child support.
Sponsors: Representatives Evatt, Beasley, Wilkins

Control of Student's Fingerprints, R. 375

(S. 731) Effective 3/28/86

This Act takes away a local school board's control of public school students fingerprint records.
Sponsor: Senator E. Patterson

Concurrent Jurisdiction, Act 122 (S. 513)

Effective 5/31/85

This Act removes the Circuit Court from having concurrent jurisdiction with the Family Court for traffic violations by persons under age seventeen.
Sponsors: Senators Patterson, Smith, Theodore

Compensation For Foster Families, R. 356

(H.275l) Effective 3/4/86

This Act allows a state agency to compensate a foster family for property damage resulting from acts of a foster child in their home.
Sponsors: Representatives Evatt, Beasley, Wilkins

Children's Foster Care Review Board System,

R. 391 (H. 3186) Effective 2/20/86

This Act re-establishes the Children's Foster Care Review Board System as a public agency with the responsibility for the review of children who have resided in foster care six months or longer.
Sponsors: Representatives Evatt, Beasley, Wilkins

Maternal, Infant and Child Health Council, R.391

(S.884) Effective 4/14/86
This Act creates a statewide council to coordinate the prevention, planning, financing and delivery of health and related support services to this population.
Sponsor: Senator J. V. Smith

Medically Indigent, Act 201 Effective 7/1/85)

This Act provides for a comprehensive plan of medical care to the indigent.
Sponsor: Ways and Means

Photographing of Juveniles, R. 517 (H. 3430)

Effective 6/2/86

This Act authorizes the Department of Youth Services to photograph juveniles upon their commitment to the Department and to provide those photographs to law enforcement agencies attempting to apprehend a juvenile escapee. Also, photographs may be released to the Missing Persons Information Center if the child has been reported as missing.
Sponsors: Representatives Evatt, Beasley, Wilkins

Missing Persons Information Center, Act 98 (S.

321) Effective 7/1/85

This Act creates a missing persons information center within SLED which serves as a central repository for information regarding missing persons, provides procedures for expediting the investigative process and coordinates efforts to address the issue of missing children.
Sponsors: Senators Patterson, Smith, Theodore

Continuum of Care for Emotionally Disturbed

Children, R. 476 (H. 3568) Effective 5/23/86

This Act establishes the Continuum of Care for Emotionally Disturbed Children as a state agency.
Sponsor: House Ways & Means Committee

Children's Case Resolution System, R. 465 (H.

3245) Effective

This Act creates a Children's Case Resolution System to review cases of children who have "fallen through the cracks" of the service systems of the public agencies.
Sponsors: Representatives Evatt, Beasley, Wilkins

Agency Annual Reports, (S. 836)
This Act requires public agencies serving children to provide in their annual reports, a comprehensive statement how such programs have contributed to the implementation of the Children's Policy.
Sponsors: Senators Patterson, Smith, Theodore

I.     GROUNDS FOR DIVORCE
Gibson v. Gibson, ______S.C._____, 322 S.E.2d 680 (SC App. 1984)
In an action for divorce based on physical cruelty if the wrongful act involves actual violence directed by one spouse at the other, bodily injury is not required in order to find physical cruelty.

Nieman v. Nieman, 282 S.C. 127, 317 S.E.2d 472 (1984)
Where part of the 12 months needed for a no-fault divorce is spent on involuntary sea duty, a divorce on these grounds is proper where the parties separated before the military service began or when the separation is independant of military service though during service.

Lee v. Lee, 282 S.C. 76, 316 S.E.2d 435 (1984)
One need not be an alcoholic to be guilty of habitual drunkenness as grounds for divorce. It is sufficient if the use or abuse of alcohol causes the breakdown of normal marital relations.

II.     DURATIONAL REQUIREMENTS FOR JURISDICTION

None.

III.     ELIMINATION OF TRADITIONAL DEFENSES

None.

IV.     LONG-ARM JURISDICTION IN DISSOLUTION ACTIONS

None.

V.     DISTRIBUTION OF PROPERTY

A.     COMMUNITY PROPERTY STATES

Not Applicable.

B.     COMMON LAW TITLE STATES

Not Applicable.

C.     EQUITABLE DISTRIBUTION STATES
Hursey v. Hursey, ___S.C.___ , 326 S.E.2d 178 (1985)
Equitable rights in marital property arise upon divorce, by decree of divorce granted, and upon dissolution of the marriage. The non-titled spouse has no lien or other charge against the property of the titled spouse during the marriage.

White v. White, ___S.C.___, 323 S.E.2d 521 (1984)
Family Court has jurisdiction to decide all matters in an annulment action including those of equitable distribution of real and personal property although the decision to annul is reached.

Thompson v. Brunson,______S.C._____, 321 S.E.2d 622 (SC App. 1984)
Subsequent to a divorce action where the decree made no disposition of the marital home, the non-occupying spouse initiated a partition action in circuit court. Thereafter, the occupying spouse petitioned family court for use and possession of the home as an incident of child support. The family court had jurisdiction to hear the matter and to award the temporary use of the house to the occupying spouse until the partition action was heard.

Peake v. Peake, ______S.C._____, 327 S.E.2d 375 (1985)
A monetary award characterized as reimbursement for wages lost by a spouse while caring for his or her spouse during a period of recuperation from an accident is an award of money damages rather than an equitable distribution or special equity award and is beyond the jurisdiction of the family court.

Funderburk v. Funderburk, Op. No. 22272 (SC, April 2, 1985)
Family court must assume jurisdiction over a property settlement agreement where one party seeks to incorporate it into the divorce decree and the other seeks to repudiate it. If the court does not find grounds to void the agreement, then the fairness of the agreement under all circumstances must be examined. An agreement shall not be voided as unfair merely because the agreement did not divide the property on the basis of the parties' relative incomes and contributions to the marriage. All relevant factors must be weighed.

Bolding v. Bolding, _____S.C._____, 323 S.E.2d 535 (1984)
Where the trial court reserved jurisdiction concerning the equitable division of the parties' real property, the order appealed from is not final in that it does not finally dispose of the whole subject matter in litigation. Dismissal of the appeal is proper.

VI.     FACTORS IN PROPERTY DISTRIBUTION AND/OR MAINTENANCE

A. NON-MONETARY FACTORS/CONTRIBUTIONS TO

MARITAL ARTS

Collins v. Collins, ___S.C.___, 324 S.E.2d 82 (SC App. 1984)
The following factors were considered by the court in the distribution of the marital home: contributions of the parties to the acquisition of the house, relative fault of the parties, contributions of the homemaker spouse, and the absence of a court order requiring the wife to contribute to the support of the parties' daughter.

B.     OTHER NON-MONETARY FACTORS CONSIDERED
Rampey v. Rampey, Op.No. 0496 (SC App., June 11, 1985)
If inherited property is titled jointly or otherwise used in such a manner as to evidence an intent to make it marital property or if it is used in support of the marriage its nonmarital character is lost and it will be subject to equitable division.

Shaluly v. Shaluly, ___S.C.___, 325 S.E.2d 66 (1985)
Criteria approved by the court which may be properly taken into account by a judge in determining equitable distribution are as follows: (1) respective age, background and earning ability of the parties; (2) duration of the marriage; (3) the standard of living of the parties during the marriage; (4) what money or property each brought into the marriage; (5) the present income of the parties; (6) the property acquired during the marriage by either or both parties; (7) the source of acquisition; (8) the current value and income producing capacity of the property; (9) the debts and liabilities of the parties to the marriage; (10) the present mental and physical health of the parties; (11) the probability of continuing present employment at present earnings or better in the future; (12) effect of distribution of assets on the ability to pay alimony and support, and (13) gifts from one spouse to the other during marriage.

C.     STATUTORY GUIDELINES IN DETERMINING PROPERTY DISTRIBUTION/MAINTENANCE

None

D.     MARITAL MISCONDUCT AND PROPERTY DISTRIBUTION AND/OR MAINTENANCE
Rampey v. Rampey, Op.No. 0496 (SC App., June 11, 1985)
Although fault, such as abandonment of the marital home without cause, does not justify a severe penalty in making a division of marital property, it is a factor the court may consider in determining the equities between spouses.

VII.     ALIMONY (MAINTENANCE)

A. RECENT DEVELOPMENTS
Eagerton v. Eagerton, Op.No. 0434 (SC App., April 10, 1985)
A statutory provision regarding alimony was construed by the court to authorize an award of rehabilitative alimony and such awards are based upon the following factors: 1) duration of the marriage; 2) age, health and educational background of the supported spouse; 3) financial resources of the parties; 4) the parties' accustomed standard of living; 5) ability of the supporting spouse to meet his needs while meeting those of the supported spouse; 6) time needed for the dependent spouse to acquire job skills; 7) likelihood the spouse will successfully complete retraining; 8) the likelihood of success in the job market; 9) other responsibilities of the supported spouse, i.e. caring for children which would interfere in retraining.

Shafer v. Shafer, ___S.C.___, 320 S.E.2d 730 (SC App. 1984)
The following include but are not limited to the special circumstances or compelling reasons for awarding a spouse exclusive use of the marital residence as an incident of support: 1) whether the home is to be used to provide shelter for minor children; 2) whether the occupying spouse is handicapped or has some special need for the home; 3) the amount of equity the non-occupying spouse has in the home; 4) the length of time the equity will be tied up; 5) the total amount of support otherwise awarded; and 6) whether adequate housing can be reasonably obtained by the spouse awarded the use of the home. These factors will require the trial judge to weigh the cost, inconvenience and other hardships that may be experienced by requiring the occupying spouse to move out of the marital home to the burden imposed upon the non-occupying spouse in being unable to realize his equity from a sale or other disposition of the home.

Sattler v. Sattler, ___S.C.___, 327 S,E,2d 71 (1985)
In an agreement between husband and wife containing a provision for alimony where the agreement is contractual in nature (that it would not be merged with the order and would be modified only upon written agreement of the parties), the terms of the agreement would control rather than the statutory provision barring alimony to an adulterous spouse.

McCune v. McCune, ___S.C.___, 327 S.E.2d 340 (1985)
If the obligation to pay installments of alimony is to be extended beyond the death of either party it must be done by an agreement of the parties, which is approved by the court and incorporated in the decree and not by the court decree alone. The family court may insure a spouse's continued support upon the death of the obligor spouse by equitable division or a lump sum alimony award.

Brown v. Brown, Op. No. 0499 (SC App., June ll, l985)
When a judgment reducing support payments is reversed on appeal, the parties are placed in the same position as if no reduction had been ordered and the supporting spouse is liable for arrearage from the date of the reduction to the date of the reversal.

VIII. MODIFICATION OF ALIMONY
A. RECENT DEVELOPMENTS IN MODIFICATION
Baker v. Baker, Op.No. 0507 (SC App., June 20, l985)
The court reversed an increase in alimony payments of $l,475 from $l,l50 per month where the wife was 56 years old earning minimum wage, the husband's salary had increased from $9l,479 to $ll2,l25 since the prior order and rental income increased from $l,420 to $8,346. In so holding the court reviewed the lower court's award based on: l) inflation, 2) spouse's increased income and 3) new debts. The court made the following observations:

Inflation, without more, is insufficient to establish changed circumstances or to justify an increase in alimony. Inflation affects both spouses, when the cost of living increases for one, it increases for the other.

While increased income may establish a change in the financial ability of the spouse making support payments, equity does not necessarily require a corresponding increase in alimony. Where an award of alimony is adequate to maintain a spouse at the standard of living to which he or she was accustomed before divorce, a family court is not required to increase alimony on the basis of increased income alone.

When debts acquired subsequent to a decree awarding alimony are unwarranted, without more, they are insufficient to establish changed circumstances or to justify an increase in alimony. The fact that further debts have accrued only merits minimal consideration when l) some of the obligations are a result of financial irresponsibility and foolish borrowing, 2) evidence shows that money is owed to clothing stores, and 3) there is evidence lacking that normal living expenses have increased.

IX. SPOUSAL INTEREST IN PROFESSIONAL DEGREES OR

LICENSES TO PRACTICE
A. NEW CASE LAW
None.

B. STATUTORY STANDARDS FOR COMPENSATION OF
DEGREES/LICENSES AND CHANGES OR NEW STANDARDS.
None.

X. SPOUSAL RIGHTS IN RETIREMENT AND PENSION
BENEFITS
A. MILITARY PENSIONS.
None.

B. NON-MILITARY
None.

XI.     CONVERSION OF INSURANCE UPON DIVORCE
None.

XII. PERSONAL INJURY AWARDS
None.

XIII. CHILD CUSTODY
A.     RECENT DEVELOPMENTS IN APPLICATION OF
CRIMINAL LAWS

None.

B.     RECENT DEVELOPMENTS IN APPLICATION OF UCCJA
Oehler et. al. v. Clinton, Op.No. 22l24 (SC, June 6, l985)
The findings relied upon by the trial court to decline to exercise its jurisdiction because South Carolina was an inconvenient forum in a UCCJA action were as follows: l) foreign state had a closer connection with the parties involved, 2) the substantial evidence concerning the child's present or future care, protection, training, and personal relationship was more readily available in the foreign jurisdiction, and 3) the exercise of jurisdiction by the South Carolina court would foster jurisdictional competition with the foreign court and encourage a continuing controversy over and possible litigation of the child support issue.

C.     RECENT DEVELOPMENTS IN STANDARDS FOR CUSTODY
Oehler et. al. v. Clinton, Op.No. 22l24 (SC, June 6, l985)
When a custodial parent dies, the right to custody reverts to the surviving spouse but this right is not absolute as a surviving parent may be denied custody where he or she is shown to be presently unfit or the interests and welfare of the child clearly require alternative custodial supervision..

D.     RECENT DEVELOPMENTS IN MODIFICATION
Baer v. Baer, 282 S.C. 362, 2l8 S.E.2d 582 (SC App. l984)
Where a custodial parent attempted to deceive a non-custodial parent as to where she intended to relocate with the children, the deception in no way harmed the children and a single act of misconduct by the custodial parent that does not substantially affect the children's welfare provides no basis for changing custody from one to the other.

E.     WISHES OF THE CHILD
None.

F.     GUARDIAN AD LITEM
Collins v. Collins,___S.C.___, 324 S.E.2d 82 (SC App. 1984)
A litigant in a child custody proceeding has a right to a copy of the report of the guardian ad litem including the guardian's recommendation for custody of the minor. Where the report contains statements of fact the litigants are entitled to cross-examine the guardian ad litem and any witnesses whose testimony formed the basis of the guardian's recommendation. The family courts failure to make the report available or to permit cross-examination is reversible error unless this Court finds that the litigant either waived the right of cross-examination or the denial of it was harmless error.

G.     TENDER YEARS DOCTRINE

None.

H.     JOINT CUSTODY

None.

I.     VISITATION
Martin v. Ross, Op.No. 0493 (SC App., June 10, 1985)
Although a property settlement agreement is entered into and is incorporated but not merged into the divorce decree and provides that failure to abide by its terms creates the right to sue for breach of contract, the family court has jurisdiction to hear an action for visitation rights because such an agreement cannot prejudice the rights of the children.

XIV. CHILD SUPPORT

A. CRITERIA AND AWARDS
Justice v. Scruggs, Op. No. 0500, (SC App., June 17, 1985)
In an action to decrease child support payments, the court held that a parent is entitled to credit on his child support payments for social security benefits paid to the children as a result of the parent's disability. Further, the parent's disability which occurred subsequent to the prior order caused him difficulties such that he was advised to stop work. The court held that this disability constituted a sufficient change of circumstances to warrant modification of a child support award.

Napier v. Kilgore, ___S.C.___, 326 S.E.2d 171 (SC App., 1985)
Child support payments vest as they accrue and the natural parent is liable for arrearage which accrue prior to adoption.

Wagner v. Wagner,___S.C.___, 329 S.E.2d 788 (SC App., 1985)
In determining whether a non-custodial parent must contribute to the college expenses of a child the following are factors that must be considered: 1) availability of grants and loans and 2) the ability of the child to earn income.

Thompson v. Brunson, ___SC___, 321 S.E.2d 622 (SC App. 1984)
A jointly owned marital residence is spousal property to which both spouses are entitled upon dissolution of the marriage. While the children of the marriage have an enforceable right to support, they have no legally protectible interest in the marital residence. For this reason, unless compelling reasons dictate otherwise, the family court should order support in the form of a monetary award rather than use of the residence as an incident of support.

Bryan v. Bryan, 282 S.C. 506, 319 S.E.2d 360 (SC App. 1984)
Where a reduction in child supportt was not raised by the pleadings it was improper for the judge to reduce summer support payments because the father was given more extended visitation in the ummer.

Shafer v. Shafer, ___S.C.___, 320 S.E.2d 730 (SC App. 1984)
An automatic increase in child support is improper in that it arbitrarily increases the amount of support without a showing of a change of conditions.

Beinor v. Beinor, 282 S.C. 181, 318 S.E.2d 269 (1984)
An unallocated award of $27,000 annually for the support of the wife and 2 children was inadequate where the wife earned minimum wage and the husband earned $118,000 annually, had previously been paying $3,000 per month under a court order and prior to that had voluntarily been paying $4,000 per month. The amount should be sufficient to permit the wife and children to live commensurate with the standard of living to which they have been accustomed and commensurate with the husband's standard of living.

B. ENFORCEMENT OF SUPPORT
1. JURISDICTION
Lighty v. SC Dept of Social Services,
Op.No. 22332 (SC, May 22, 1985)
Where the custodian of a child assigns his rights to the Dept. of Social Services to be reimbursed for the cost of the child's care from the parent, an action brought by the Dept. of Social Services is one based upon a contract for the payment of a debt and is outside the jurisdiction of the family court.

2. URESA
Jordan v. Jordan, 326 S.E.2d 416 (SC App., 1985)

In that a URESA action may be brought on behalf of a minor by a person having legal custody of the minor, res judicata is not proper where the action is brought on behalf of one who was not a party to the action upon which res judicata is dependent.

3. PAYMENT TO COURT
None.

4. APPLICATION OF FEDERAL LAWS IN ABOVE

AREAS
None.

XV. GRANDPARENT VISITATION
Chavis v. Witt, ___S.C.___, 328 S.E.2d 74 (SC March 20, 1985)
When a person dies the relationship of the grandparents to the child of the deceased person is not obliterated. A final adoption decree does not preclude granting visitation to adoption. Neither is it necessary for a divorce, custody or child support issue to be pending to confer jurisdiction to hear an action seeking visitation by grandparents, the family court has exclusive discretionary power to grant such visitation.

XVI. COHABITATION
A. EXPRESS AGREEMENTS
1. SEVERANCE DOCTRINE
None

2. REJECTION OF ILLEGAL CONSIDERATION
DOCTRINE
None.

3. EXPRESS AGREEMENTS (ORAL) AND
STATUTE OF FRAUDS
None.

4. EXPRESS AGREEMENTS
None.

5. BURDEN OF PROOF
None.

B. IMPLIED AGREEMENTS
1. BURDEN OF PROOF
None.

2. THE LAW OF GIFTS
None

C. QUASI-CONTRACTUAL THEORY
None.

D. CONSTRUCTIVE OR RESULTING TRUSTS
None.

E. COHABITATION AGREEMENTS
None.

XVII. PREMARITAL AGREEMENTS
A. RECENT DECISIONS IN GENERAL
None.

B. APPLICATION OF UMPA
None.

XVIII. NEW TRENDS

A. CASELAW

The courts are attempting to provide more extensive guidelines for the equitable distribution of property as is seen in numerous cases and especially Shaluly v. Shaluly, ___S.C.___, 325 S.E.2d 66 (1985) where a fairly lengthy enumeration of factors was approved by the court.

The South Carolina Court of Appeals has (after several cases laid the foundation) recognized the authority of the courts to award rehabilitative alimony. Eagerton v. Eagerton, Op.No. 0434 (SC App, April 10, 1984).

In Sattler v. Sattler, ___S.C. ___, 327 SE2d 71 (1985) the court continued to clarify the authority of the family court with regard to agreements between the parties and acted in accordance with their earlier decision in Moseley v. Mosier, 306 SE.2d 624 (1983). There the court held that an unambiguous agreement limiting the court's ability to modify the agreement is binding on the court, as well as the parties.

Finally, in Baker v. Baker, Op.No. 0507 (SC App, June 20, 1985) the court has taken a rather firm position against increasing alimony where there exists a substantial disparity in the incomes of the spouses.

B. STATUTORY
Several child support enforcement bills were enacted during the 1985 session. Among them and perhaps the most significant was H.2561 (Act No. 195) which provides for wage withholding for child support arrearages. (See S.C. Code Ann., Sections 20-7-1315 and 20-7-1316)

The bill which created criminal and civil sanction for domestic violence (S.464 Act No. 484) was enacted at the close of the 1984 session. (See S.C. Code Ann., Sections 16-25-10 et seq., 20-4-10 et seq. and 20-7-420).

H.2008 establishing statutory guidelines for equitable distribution of marital property has passed the House and is currently pending in the Senate.

A Missing Person's Act (S.321/Act No. 98) creating a center to facilitate the investigations and enhance procedures concerning missing individuals was enacted this session.

A major revision to South Carolina Adoption laws which creates greater regulation in this area has been introduced in both bodies of the General Assembly. H.2818 and S.520 both are pending in committee.

Received as information.

On motion of Rep. BEASLEY the Report was ordered printed in the Journal.

On motion of Rep. BEASLEY, with unanimous consent, 100 copies of the Joint Legislative Committee on Children 1985-86 Annual Report were ordered to be printed.

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 Courson, Powell and Drummond of the Committee of Free Conference on the part of the Senate on 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.
Very respectfully,
President

No. 88

Received as information.

The SPEAKER Pro Tempore granted Rep. FERGUSON a temporary leave of absence.

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 Waddell, Lindsay and Matthews of the Committee of Free Conference on the part of the Senate on H. 3550:

H. 3550 -- General Appropriation Bill.
Very respectfully,
President

No. 89

Received as information.

The following was received.

The General Assembly, Columbia, S.C., June 4, 1986

The COMMITTEE OF FREE CONFERENCE, to whom was referred 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.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same pass with the following amendments:
Amend the bill, as and if amended, page 1, SECTION 2, by deleting beginning on line 41 /Any regulation or ordinance enacted or promulgated by the governing body of any county, municipality, or other political subdivision which regulates or attempts to regulate the subject or subjects covered by this act is null and void./.
Amend further, page 2, SECTION 3, line 7, by inserting /or public brandishment/ between /discharge/ and /of/ and on line 9.
Amend further, page 2, SECTION 4, line 44, by striking /shall/ and inserting /shall may/.
Amend further, page 3, SECTION 4, line 2, by striking /or/ and inserting /, or / and on line 4 by inserting after /16-23-500/ /or trade them with a retail dealer licensed to sell pistols in this State for a pistol approved by the agency/.
Amend further on page 5, SECTION 9, line 37, by striking /16-24-40/ and inserting /16-23-40/.
When amended, Sections 2, 3, and 4 shall read:

/SECTION 2. No governing body of any county, municipality, or other political subdivison in this State may enact or promulgate any regulation or ordinance which regulates or attempts to regulate the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things.

SECTION 3. This act does not affect the authority of any county, municipality, or political subdivision to regulate the careless or negligent discharge or public brandishment of firearms, nor does it prevent the regulation of the use, sale, or transportation or public brandishment of firearms during the times of or a demonstrated potential for insurrection, invasions, riots, or natural disasters.

SECTION 4. Section 16-23-50 of the 1976 Code is amended to read:

"Section 16-23-50. Any person including a dealer violating any of the provisions of this article shall be deemed is guilty of a felony and upon conviction shall must be fined not more than two thousand dollars or be imprisoned for not more than two years, or both. Provided, however, that any Any person violating the provisions of Section 16-23-20 shall be deemed is guilty of a misdemeanor and upon conviction shall must be fined not more than one thousand dollars or be imprisoned for not more than one year, or both.

When a violation occurs within a municipality the fines collected shall must be delivered to the municipality by the clerk of court. If the violation occurs outside a municipality, the fines shall must be delivered to the county treasurer.

Any person convicted of violating the provisions of this article, in addition to the penalty provided herein, shall have the pistol involved in such the violation confiscated. Notwithstanding any other provisions of law, such The pistol shall must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols shall may use them within their department, transfer them to another law enforcement agency for their lawful use, or destroy them transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500 or trade them with a retail dealer licensed to sell pistols in this State for a pistol approved by the agency. If the State Law Enforcement Division seized the pistol, it may keep it for use by its forensic laboratory. Records shall must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article."/

Amend further by adding SECTIONS 8A and 8B to read:
/SECTION 8A. Section 16-23-250 of the 1976 Code is amended to read:

"Section 16-23-250. The provisions of this article shall do not apply to the Army, Navy, or Air Force of the United States, the National Guard and organizations authorized by law to purchase or receive machine guns, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of such these organizations. Any peace officer of the State or of any county or other political subdivision thereof, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of any state prison, penitentiary, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or person on duty in the postal service of the United States or any common carrier while transporting direct to any police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun or sawed-off rifle, may possess machine guns, or sawed-off shotguns or sawed-off rifles, when required in the performance of their duties. Nor shall the provisions hereof be construed to apply to machine guns, or sawed-off shotguns or sawed-off rifles kept for display as relics and which are rendered harmless and not usable.

The provisions of this article shall do not apply to any manufacturer of machine guns licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., nor to any common or contract carrier transporting or shipping any machine gun to or from such the manufacturer if the transportation or shipment is not prohibited by federal law, nor to persons licensed pursuant to Section 23-31-370."

SECTION 8B. Article 5, Chapter 31, of Title 23 of the 1976 Code is amended by adding:

"Section 23-31-370(a) The South Carolina Law Enforcement Division may issue a special limited license for the possession, transportation, and sale of machine guns in this State to persons:

(1) who are authorized representatives of a machine gun manufacturer or dealer engaged in demonstrating and selling them to agencies authorized by law to possess them, or

(2) who are engaged in professional movie-making or providing services to professional movie-makers who use machine guns as regulated by this article in the course of creating movie 'special effects'.

(b) Applications for the special license authorized by this section must be on a form prescribed by the Division, duly sworn to, containing the applicant's name, business and residence address, a record of any criminal charges filed against the applicant in the United States for other than traffic law violations and the disposition of the charges, a description of the machine guns to be possessed, transported, or sold in this State, including their make and serial numbers, the sites within the State to which the machine guns will be transported, and such other information the Division considers necessary to implement this section.

(c) The Division may issue a special license pursuant to this section if it determines that the applicant has not been convicted of any offense other than traffic violations and the applicant clearly qualifies under items (1) or (2) of subsection (a). The special license is valid for a specified period not to exceed six months which must be stated on the license.

(d) Any person who knowingly and wilfully makes any false statement for the purpose of obtaining the special license or who violates its terms, in addition to any other penalty provided by law, is guilty of a misdemeanor and upon conviction must be fined not more than five thousand dollars or imprisoned for not more than two years, or both."
Amend the bill further on page 5, SECTION 10, line 41, by inserting after /Governor/ /, except that the provisions of Sections 8A and 8B shall take effect on the first day of the second month following approval by the Governor/.

Amend title to conform.

John Drummond                     W. Sterling Anderson
John Courson                      Jean H. Toal
Charles L. Powell                 Joyce C. Hearn
On Part of the Senate.              On Part of the House.

Rep. TOAL explained the Report. The report was adopted and a message was ordered sent to the Senate accordingly.

The motion of Rep. BLACKWELL to reconsider the vote whereby the Bill was given unanimous consent to receive a third reading was taken up.

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.

Rep. ALEXANDER moved to table the motion, which was agreed to.

The Senate returned to the House with amendments the following:

H. 3697 -- Richland County Delegation: A BILL TO AMEND ACT 69 OF 1963 RELATING TO THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION SO AS TO REVISE THE MANNER IN WHICH MEMBERS OF THE COMMISSION ARE APPOINTED.

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. 3698 -- Richland County Delegation: A BILL TO AMEND ACT 366 OF 1965 RELATING TO THE COLUMBIA MUSIC FESTIVAL ASSOCIATION SO AS TO REVISE THE MANNER IN WHICH THE MEMBERS OF THE ASSOCIATION ARE APPOINTED.

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. 3530 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1537, SO AS TO ESTABLISH A MANDATORY RETIREMENT AGE OF SIXTY-TWO YEARS FOR MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.

Rep. STODDARD explained the Senate Amendment.

The question then recurred to the motion to concur in the Senate Amendments.

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

The Senate Amendments were agreed to by a division vote of 43 to 15 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. 3743 -- Reps. Holt, Foxworth, J. Bradley, Washington and D. Martin: A BILL TO AMEND SECTION 50-17-1066, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF GILL NETS IN A PORTION OF GAME ZONE NO. 6, SO AS TO INCREASE THE SIZE OF THE AREA.

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.
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. 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. 91

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.

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 introduced:

H. 4000 -- Reps. Edwards, Schwartz, S. Anderson, Mangum, P. Harris, Carnell, Dangerfield, Alexander, Altman, J. 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.D. Burriss, M.D. Burriss, T.M. Burriss, Chamblee, Cleveland, Cooper, Cork, Davenport, Day, Derrick, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B.L. Hendricks, L. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, 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 EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO WALKER P. RAGIN, CHIEF COMMISSIONER OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, FOR HIS MANY YEARS OF DEDICATED AND EFFICIENT SERVICE TO THE DEPARTMENT AND THE CITIZENS OF THIS STATE.

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

The following was introduced:

H. 4001 -- Reps. Edwards, Schwartz, S. Anderson, Mangum, Hearn, Carnell, Dangerfield, Alexander, Altman, J. 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.D. Burriss, M.D. Burriss, T.M. Burriss, Chamblee, Cleveland, Cooper, Cork, Davenport, Day, Derrick, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Helmly, B.L. Hendricks, L. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, 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 COMMEND EMORY P. AUSTIN, JR., DIRECTOR OF THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, FOR HIS OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA UPON HIS RETIREMENT.

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

The Senate sent to the House the following:

S. 1372 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION CONGRATULATING DR. EVELYN M. BLACKWELDER OF LEXINGTON COUNTY UPON BEING HONORED AS A RECIPIENT OF THE JEFFERSON AWARD.

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

The following Bill was introduced, read the first time, and referred to appropriate committee:

S. 1188 -- Transportation Committee: A BILL TO AMEND SECTION 56-1-370, AS AMENDED, SECTIONS 56-1-820, 56-5-2950, AND 56-5-5360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO ADMINISTRATIVE REVIEW OF DRIVERS' LICENSES SUSPENSIONS, REVOCATIONS, OR CANCELLATIONS, ADMINISTRATIVE REVIEW OF DRIVER'S LICENSE SUSPENSIONS FOR ACCUMULATING EXCESS POINTS ON OPERATING RECORDS, ADMINISTRATIVE REVIEW OF DRIVER'S LICENSE SUSPENSIONS FOR REFUSING TO TAKE THE BREATHALYZER TEST, AND ADMINISTRATIVE REVIEW OF ACTION BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION DENYING A VEHICLE INSPECTION STATION LICENSE, SO AS TO PROVIDE IN EACH INSTANCE THAT THE REVIEW IS CONDUCTED IN ACCORDANCE WITH ACT 176 OF 1977, THE ADMINISTRATIVE PROCEDURES ACT.

Referred to Committee on Education and Public Works.

The roll call of the House of Representatives was taken resulting as follows.

Schwartz               Alexander              Altman
Anderson, J.           Anderson, S.           Arthur, J.
Aydlette               Bailey, G.             Barfield
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, J.
Bradley, P.            Brett                  Brown, G.
Brown, H.              Brown, J.              Brown, R.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Cooper
Cork                   Dangerfield            Davenport
Day                    Derrick                Edwards
Elliott                Faber                  Fair
Felder                 Ferguson               Foster
Foxworth               Gilbert                Gregory
Harris, J.             Harris, P.             Hawkins
Hayes                  Hearn                  Helmly
Hendricks, B.          Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Kay
Keyserling             Kirsh                  Klapman
Kohn                   Lake                   Limehouse
Lockemy                Mangum                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McKay
McLellan               McLeod                 Moss
Neilson                Nettles                Ogburn
Pearce                 Petty                  Rawl
Rhoad                  Rice                   Rogers, T.
Russell                Sharpe                 Sheheen
Shelton                Simpson                Snow
Stoddard               Taylor                 Thrailkill
Toal                   Townsend               Tucker
Washington             White                  Wilkins
Winstead

I came in after the roll call and was present for the Session on June 5, 1986.

John H. Burriss                   B.J. Gordon
Ken Bailey                        H. Larry Mitchell
Dave C. Waldrop                   William H. Jones
Palmer Freeman                    DeWitt Williams
Olin R. Phillips                  Larry E. Gentry
Charles L. Griffin                Doug McTeer
E. Crosby Lewis                   Larry Koon
Alex Harvin                       Lenoir Sturkie
Paul Short                        Warren D. Arthur
Tom G. Woodruff, Jr.

The SPEAKER Pro Tempore granted Rep. EVATT a leave of absence for the day to attend a Health Conference in Florida.

The SPEAKER Pro Tempore granted Rep. MARCHANT a leave of absence for the day.

The SPEAKER Pro Tempore granted Reps. L. HENDRICKS and J. BRADLEY a leave of absence for the day.

Rep. LEWIS signed a statement with the Clerk that he came in after the roll call and was present for the session on Thursday, May 29, 1986.

Reps. M.D. BURRISS, KOON and STURKIE signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, June 4, 1986.

Rep. MICKEY BURRISS signed a statement with the Clerk that he came in after the roll call of the House and was present for the session on Wednesday, June 4, 1986.

Announcement was made that Dr. Tripp Jones of West Columbia is the Doctor of the Day for the General Assembly.

Rep. HOLT moved to reconsider the vote whereby the House concurred in the Senate Amendments to the following Bill which was agreed to.

H. 3743 -- Reps. Holt, Foxworth, J. Bradley, Washington and D. Martin: A BILL TO AMEND SECTION 50-17-1066, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF GILL NETS IN A PORTION OF GAME ZONE NO. 6, SO AS TO INCREASE THE SIZE OF THE AREA.

Rep. HOLT moved to adjourn debate upon the Senate Amendments, which was adopted.

The following was received.
Columbia, S.C., June 5, 1986

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 10:20 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

No. 92

On motion of Rep. WINSTEAD the invitation was accepted.

At 10:15 A.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.

(R572) S. 808 -- Senator Doar: AN ACT 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, TO PROVIDE CIVIL PENALTIES, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS AND FOR ENFORCEMENT OF THE PROVISIONS OF THIS ACT.

(R573) S. 1048 -- Fish, Game and Forestry Committee: AN ACT 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 OR LEASED BY THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT AND TO PROVIDE PENALTIES.

(R574) H. 2317 -- Rep. Fair: AN ACT TO AMEND ARTICLE 3, CHAPTER 13, OF TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST AND ENFORCEMENT OF ALCOHOLIC BEVERAGE CONTROL LAWS, BY ADDING SECTION 61-13-875, SO AS TO PROVIDE THAT NO PERSON WHO HOLDS A LICENSE OR PERMIT TO SELL BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON-PREMISES CONSUMPTION MAY ADVERTISE, SELL, OR DISPENSE THESE BEVERAGES ON A TWO OR MORE FOR THE PRICE OF ONE BASIS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(R575) H. 2301 -- Reps. Pearce, Boan, McBride, Cooper, Bennett, Rhoad and McEachin: AN ACT TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES, SO AS TO PROVIDE THAT PERSONAL MOTOR VEHICLES OWNED JOINTLY BY PERSONS REQUIRED TO USE WHEELCHAIRS ARE EXEMPT FROM STATE, COUNTY, AND MUNICIPAL TAXES; TO AMEND SECTION 56-3-1910, RELATING TO ISSUANCE OF SPECIAL LICENSE TAG FOR PERSONS REQUIRED TO USE WHEELCHAIRS, SO AS TO PROVIDE THAT THE TAG MAY BE ISSUED TO THE PERSON EVEN IF HE OWNS THE VEHICLE JOINTLY; AND TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR TAX YEARS BEGINNING AFTER DECEMBER 31, 1985.

(R576) H. 3208 -- Reps. M.D. Burriss and Hearn: AN ACT TO AMEND SECTION 6-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO SEWERAGE COLLECTION, DISPOSAL, AND TREATMENT BY GOVERNMENTAL ENTITIES, SO AS TO INCLUDE COUNTIES WITHIN THE DEFINITION OF THE TERM "GOVERNMENTAL ENTITY" AND OTHER DEFINITIONS THEREBY MAKING THE PROVISIONS OF CHAPTER 15 OF TITLE 6 APPLICABLE TO COUNTIES AS WELL; TO AMEND SECTION 6-15-60, RELATING TO THE AUTHORIZATION OF SEWER SERVICE CHARGES, SO AS TO INCLUDE COUNTIES THEREIN; AND TO AMEND SECTION 6-15-110, RELATING TO METHODS OF COLLECTING OVERDUE SEWER SERVICE CHARGES, SO AS TO INCLUDE COUNTIES THEREIN.

(R577) H. 3278 -- Rep. McTeer: AN ACT TO AMEND SECTION 7-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN HAMPTON COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR CUMMINGS AND BONNETT PRECINCTS.

(R578) H. 3310 -- Reps. Keyserling and White: AN ACT TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EDUCATION OF BEAUFORT COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, AND PROVIDE FOR THE MEMBERS' TERMS, VACANCIES, NOTICE OF ELECTION, PETITION, AND PLACEMENT OF NAMES ON THE BALLOT; TO PROVIDE THAT THIS ACT DOES NOT AFFECT ANY OTHER PROVISION OF LAW RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF EDUCATION OF BEAUFORT COUNTY NOT INCONSISTENT WITH THIS ACT; AND TO REQUIRE THAT AN ELECTION BE HELD AT THE SAME TIME AS THE GENERAL ELECTION OF 1986 TO DETERMINE IF THE REGISTERED ELECTORS OF BEAUFORT COUNTY WISH TO HAVE THIS ACT TAKE EFFECT.

(R579) H. 3825 -- Rep. Gentry: AN ACT TO AMEND SECTION 4-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO AUTHORIZE MEMBERS TO BE ELECTED UNDER THE PROVISIONS OF ANY PLAN ORDERED BY A COURT OF COMPETENT JURISDICTION PRIOR TO MAY 1, 1986.

(R580) H. 3968 -- Rep. Ogburn: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF AMERICAN LEGION SMITH-GRAVES POST 92, INC.

(R581) H. 3671 -- Agriculture and Natural Resources Committee: AN ACT 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, 50-9-1020, ALL AS AMENDED, AND SECTIONS 50-9-15, 50-9-135, 50-9-140, 50-9-240, 50-9-250, 50-9-550, 50-9-560, 50-9-860, 50-9-1100, AND 50-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING, FISHING, AND GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE LICENSE AND PERMIT FEES, PERMIT THE REMOVAL OF DESTRUCTIVE WILDLIFE, PLACE RESTRICTIONS ON THE LEASE OF LAND FOR WILDLIFE MANAGEMENT AREA PROGRAMS, INCREASE THE POINTS FOR TRESPASSING TO HUNT, FISH, AND TRAP FROM SIX TO TEN, INCREASE PENALTIES AND MAKE THEM MORE STRINGENT; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145 AND 50-3-316; 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; AND TO PROVIDE CRITERIA FOR THE EMPLOYMENT OF CONSERVATION OFFICERS.

At 10:25 A.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

Rep. HOLT 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.

Reps. SHEHEEN, KLAPMAN, KIRSH and P. BRADLEY objected.

The Senate Amendments to the following Bill were taken up for consideration.

H. 3950 -- Rep. Harvin: A BILL TO PROVIDE FOR THE NONPARTISAN ELECTION AND THE APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 IN CLARENDON COUNTY; TO INCREASE THE NUMBER OF THE BOARD MEMBERS FROM SEVEN TO TEN IN 1986; TO DECREASE THE NUMBER TO NINE IN 1987 AND AFTER THAT YEAR; TO PROVIDE FOR THE TIME AND MANNER OF THE ELECTIONS AND APPOINTMENTS; TO PROVIDE FOR FILLING OF VACANCIES; AND TO REPEAL ACT 232 OF 1983 RELATING TO THE APPOINTMENT OF TRUSTEES FOR THE SCHOOL DISTRICT.

Rep. HARVIN proposed the following Amendment No. 1 (Doc. No. 5185R), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Each member of the Board of Trustees of School District No. 1 in Clarendon County must be elected in nonpartisan elections to be held and conducted in the manner provided by this act, except for three members, who must be appointed in the manner provided by this act.

The board of trustees must consist of nine members after the election in 1986, after the expiration of one appointed member's term and after the appointment in 1987, and after the expiration of two appointed members' terms and after the election and appointment in 1988; and seven members after the expiration of five appointed members' terms and after the election and the appointments in 1989 and each year after 1989.

SECTION 2. The members of the board of trustees elected in 1986 must be elected from the school district at large in a nonpartisan election to be conducted at the same time as the general election of 1986 in the manner provided by this act.

After 1986, the elected members of the board of trustees must be elected from each of the four defined single-member election districts established by the General Assembly in nonpartisan elections to be conducted at the same time as the general election of the applicable year in the manner provided by this act.

Two members must be elected in 1986, and one member must be elected in 1988 for terms of office of four years each. One member must be appointed by the county board of education subsequent to the expiration of the appointed member's term in 1987, one member must be elected in 1989, and two members must be appointed by the county board of education subsequent to the election in 1989 for terms of office of three years each. One member must be appointed by the county board of education subsequent to the expiration of the appointed member's term in 1988 only for one term of office of one year. After the initial elections and appointments, all members, except for the member appointed in 1988 only for one term of office of one year whose term expires in 1989, must be elected or appointed for terms of office of four years each. The members shall serve until their successors are elected or appointed and qualify.

Vacancies occurring on the board of trustees must be filled for the remainder of the unexpired term by appointment by the county board of education.

SECTION 3. The county board of education shall make the appointments based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board of trustees is representative of all of the citizens of School District No. 1.

SECTION 4. The at-large elected members of the board of trustees must be residents of the school district and must be elected from the district at large by the qualified electors of the district. The members of the board of trustees elected from defined single-member election districts must be residents of those election districts and must be elected by the qualified electors of those election districts. All persons desiring to qualify as candidates and be elected to the board of trustees 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. No filing fee may be required of any person desiring to qualify as a candidate.

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 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 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 board of education.

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.

The members elected in the nonpartisan elections and the members appointed by the county board of education shall take office at the first official meeting of the board of trustees in the month of January following their election or appointment. The current members continue to serve in office until their present terms expire and their successors are elected or appointed and qualify.

SECTION 5. Act 232 of 1983 is repealed.

SECTION 6. This act shall take effect upon approval by the Governor./

Amend title to conform.

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

The following Bills and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments.

S. 1327 -- Senators Branton and Matthews: A BILL TO PROVIDE FOR TWO ADDITIONAL MAGISTRATES IN DORCHESTER COUNTY.

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.

S. 1331 -- Senator Lourie: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SMITH TIMBER, INC.

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.

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.

S. 1090 -- Senator Lourie: A BILL TO AMEND SECTION 58-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT THE AUTHORITIES ARE EXEMPT FROM PROVISIONS GOVERNING SPECIAL PURPOSE DISTRICTS AND TO REDEFINE "PUBLIC TRANSPORTATION"; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO REGIONAL TRANSPORTATION AUTHORITY BONDS, SO AS TO PROVIDE FOR BOARD REPRESENTATION BASED ON A COUNTY'S FINANCIAL CONTRIBUTION; AND TO AMEND ACT 169 OF 1985, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO CLARIFY BUDGET PROCEDURES FOR AUTHORITIES IN EXISTENCE PRIOR TO JULY 1, 1985.

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 following Bill was taken up.

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

Rep. DAVENPORT objected to the Bill.

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3990 -- Rep. White: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF HARDEEVILLE BUSINESS DEVELOPMENT CORPORATION.

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.

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.

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

H. 3315 -- Reps. Beasley, Day, O. Phillips, Barfield, Fair, L. Martin, Hearn, Evatt, Cooper, Townsend, Alexander and M.D. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2935 SO AS TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR A VIOLATION OF SECTION 56-5-2930 (DUI); AND TO AMEND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING THE TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, AND TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED.

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

S. 254 -- Senators Pope, Lindsay, Martin, McConnell, Saleeby, Ravenel, Peeler, Setzler, Thomas Smith, McLeod, Hayes, Long, Leventis, Bryan, Williams, Mitchell, Macaulay, Nell Smith, Lourie, Applegate, Drummond, Land, Powell, Theodore, E. Patterson and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 OF TITLE 28, SO AS TO ENACT THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE CODE WHICH PROVIDES FOR PROVISIONS OF LAW WHICH ESTABLISH THE PROCEDURE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OR PROPERTY RIGHTS IN THIS STATE THROUGH THE EXERCISE OF THE POWER OF EMINENT DOMAIN; TO AMEND SECTIONS 1-11-110, 3-5-50, AS AMENDED, 3-5-100, AS AMENDED, 3-5-330, AS AMENDED, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, AS AMENDED, 13-3-100, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 31-3-460, 46-19-130, AS AMENDED, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-13-780, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 58-19-30, 58-31-50, 59-19-200, 59-105-40, 59-117-70 AND 59-123-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN AND COMPENSATION FOR PROPERTY TAKEN BY STATE AND LOCAL AGENCIES, AUTHORITIES AND ENTITIES AND PRIVATE COMPANIES AND CORPORATIONS, SO AS TO CONFORM THE PROVISIONS OF LAW TO THE EMINENT DOMAIN PROCEDURE CODE; AND TO REPEAL SECTIONS 28-1-10, 28-1-20, 28-1-30, 28-3-10, 28-3-40, 28-3-50, 28-3-60, 28-3-70, 28-3-80, 28-3-90, 28-3-100, 28-3-110, 28-3-130, 28-5-10, 28-5-20, 28-5-30, 28-5-40, 28-5-50, 28-5-60, 28-5-70, 28-5-80, 28-5-90, 28-5-100, 28-5-110, 28-5-120, 28-5-130, 28-5-140, 28-5-150, 28-5-160, 28-5-170, 28-5-180, 28-5-190, 28-5-200, 28-5-210, 28-5-220, 28-5-230, 28-5-240, 28-5-250, 28-5-260, 28-5-270, 28-5-280, 28-5-290, 28-5-300, 28-5-310, 28-5-320, 28-5-330, 28-5-340, 28-5-350, 28-5-360, 28-5-370, 28-5-380, 28-5-390, 28-7-10, 28-7-20, 28-7-30, 28-7-40, 28-9-10, 28-9-20, 28-9-30, 28-9-40, 28-9-50, 28-9-60, 28-9-70, 28-9-80, 28-9-90, 28-9-100, 28-9-110, 31-3-470, 31-3-480, 31-3-490, 48-15-60, 48-15-70, 48-15-80, 48-17-60, 48-17-70, 48-17-80, 49-1-70, 49-13-10, 49-13-20, 49-13-30, 49-13-40, 49-13-50, 49-13-60, 49-13-70, 49-13-80, 49-19-2670, 55-9-60, 55-9-100, 55-9-110, 55-9-120, 55-9-130, 55-9-140, 55-9-150, 55-9-160, 55-9-170, 55-9-180, 57-5-360, 57-5-390, 57-5-400, 57-5-410, 57-5-420, 57-5-430, 57-5-440, 57-5-450, 57-5-460, 57-5-470, 57-5-480, 57-5-490, 57-5-500, 57-5-510, 57-5-520, 57-5-530, 57-5-560, 57-17-320, 57-17-330, 57-17-340, 57-17-350, 57-17-360, 57-17-370, 57-17-380, 57-17-390, 58-15-1210, 58-15-1220, 58-15-1230, 58-15-1240, 58-15-1250, 58-15-1260, 58-15-1270, 58-15-1280, 58-15-1290, 58-15-1300, 58-15-1310, 58-15-1320, 58-15-1330, 58-15-1340, 58-15-1360, 58-15-1370, 59-19-210, 59-19-220, 59-19-230 AND 59-19-240, OF THE 1976 CODE, RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN, COMPENSATION FOR PROPERTY TAKEN AND OTHER RELATED MATTERS WHICH ARE INCONSISTENT WITH OR IN CONFLICT WITH THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE CODE.

Reps. DAVENPORT and P. BRADLEY withdrew their objections to the following Bill whereupon objections were raised by Reps. FELDER, HOLT, P. HARRIS and TUCKER.

S. 726 -- Senator Ravenel: A BILL TO PROHIBIT A PUBLIC BODY FROM, AMONG OTHER THINGS, DISCHARGING, DEMOTING, OR PUNISHING ANY EMPLOYEE FOR REPORTING A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION WHICH INVOLVES A PUBLIC BODY, FOR EXPOSING GOVERNMENTAL CRIMINALITY, CORRUPTION, WASTE, FRAUD, GROSS NEGLIGENCE, OR MISMANAGEMENT, OR FOR TESTIFYING CONCERNING THESE MATTERS; TO DEFINE "PUBLIC BODY"; TO CREATE A MISDEMEANOR OFFENSE AND PROVIDE PENALTIES; TO ESTABLISH A CIVIL CAUSE OF ACTION IN BEHALF OF THE EMPLOYEE FOR DAMAGES, FOR REINSTATEMENT TO HIS FORMER POSITION AND LOST WAGES, OR FOR BOTH; AND TO PROVIDE FOR THE COMMENCEMENT AND BARRING OF THIS CIVIL CAUSE OF ACTION.

Rep. SNOW, with unanimous consent, introduced Ms. June Licata, Executive Director of S.C. Educational Television.

The motion of Rep. AYDLETTE to reconsider the vote whereby Amendment No. 1A to the following Bill was tabled was taken up.

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. FELDER raised the Point of Order that the motion to reconsider was out of order at this time as Rep. SCHWARTZ still maintained the floor when debate was previously interrupted.

Rep. TOAL argued that the motion to reconsider was properly before the House, as that point on the Calendar had been reached. She further argued that a motion to table the motion to reconsider would be out of order.

Rep. SHEHEEN stated that Rule 6.3 (10) provides for the point on the Calendar for "Consideration of pending motions to reconsider". He further stated that as Rep. SCHWARTZ still maintained the floor, the motion to reconsider was not pending, and therefore was improperly before the House.

The SPEAKER PRO TEMPORE sustained Rep. FELDER's Point of Order and stated that, in reference to a Bill on which debate was interrupted, with a member still on the floor, any motion to reconsider noted must be placed with the Bill, not under the Motions to Reconsider portion of the Calendar and it may not be taken up until the member on the floor had given up the floor.

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. TOAL spoke in favor of the motion to reconsider.

Rep. HUFF spoke against the motion to reconsider and moved to table the motion to reconsider.

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

Those who voted in the affirmative are:

Alexander              Altman                 Anderson, S.
Arthur, J.             Aydlette               Bailey, G.
Brett                  Brown, H.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Cooper                 Cork                   Dangerfield
Day                    Edwards                Fair
Felder                 Ferguson               Foster
Freeman                Gordon                 Gregory
Hawkins                Hayes                  Hearn
Helmly                 Hendricks, B.          Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Keyserling             Klapman                Limehouse
Martin, D.             Martin, L.             Mattos
McAbee                 McEachin               McLeod
Moss                   Nettles                Ogburn
Petty                  Phillips, O.           Rice
Sheheen                Shelton                Simpson
Stoddard               Washington             Wilkins
Williams               Winstead

Those who voted in the negative are:

Anderson, J.           Bailey, K.             Blackwell
Boan                   Bradley, P.            Chamblee
Derrick                Elliott                Foxworth
Harris, J.             Harvin                 Jones
Kay                    Kirsh                  Lockemy
McBride                Mitchell               Neilson
Rhoad                  Rogers, T.             Sharpe
Taylor                 Toal                   Townsend

So, the motion to reconsider was tabled.

The following was received.

June 4, 1986
The Honorable Ramon Schwartz, Jr.
Speaker of the House
508 Blatt Building
Columbia, SC 29211

Dear Mr. Speaker:

The Legislative Committee to Screen Candidates for Boards of Trustees of Colleges and Universities has determined that Palmer Freeman, Jr., is duly qualified to fill the seat on the Board of Trustees of Winthrop College.

Sincerely,
Representatives     Senators
Eugene Stoddard,     Elizabeth J. Patterson,
Chairman     Vice Chairman
Euguene D. Foxworth,     Alexander S. Macaulay
Secretary     Joe Wilson
Daniel E. Martin, Sr.     Thomas H. Pope III
Jennings G. McAbee

Received as information.

The Senate sent to the House the following:

S. 1373 -- Senators Drummond, Applegate, Branton, Bryan, Courson, Dennis, Doar, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, E.J. Patterson, K. Patterson, Peeler, Pope, Powell, Ravenel, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Theodore, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP APPRECIATION OF THE GENERAL ASSEMBLY TO CHIEF HIGHWAY COMMISSIONER WALKER P. RAGIN FOR HIS COMMITMENT AND DEDICATION TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.

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

The Senate sent to the House the following:

S. 1374 -- Senators Branton and Ravenel: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING MRS. NANCY BROWN CARTER, DORCHESTER COUNTY SCHOOL DISTRICT NO. 2, ON BEING NAMED TEACHER OF THE YEAR.

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

The following was received.

The General Assembly, Columbia, S.C., June 4, 1986

The COMMITTEE OF CONFERENCE, to whom was referred H. 2608:

H. 2608 -- Reps. T. Rogers, Harvin, Klapman, McBride, K. Bailey, Stoddard, Patterson, Evatt, Alexander, Faber, Blanding, Gulledge, Hayes, Freeman and Taylor: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 SO AS TO PROVIDE FOR AN AGENT ORANGE INFORMATION AND TESTING PROGRAM IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASSIST RESIDENT VETERANS WHO SERVED IN THE ARMED FORCES FROM 1959 THROUGH 1975 WHO HAVE BEEN EXPOSED TO CHEMICAL AGENTS AND TO AMEND CHAPTER 11, TITLE 25, BY ADDING SECTION 25-11-70 SO AS TO REQUIRE THE DEPARTMENT OF VETERANS AFFAIRS TO ASSIST THE SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN CARRYING OUT THE AGENT ORANGE INFORMATION AND TESTING PROGRAM.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same pass with the following amendments:

Amend the bill, as and if amended, by inserting before the enacting words:

/Whereas, a large number of Vietnam era veterans were exposed to dioxin and other toxic substances found in certain defoliants, herbicides, pesticides, and similar chemical substances while serving in the armed forces of the United States; and

Whereas, it is a legitimate concern and responsibility of the State to provide information and counseling services to those veterans who may have suffered adverse health conditions as a result of possible exposure to these chemical agents. Now, therefore,/.

Amend further, by striking all after the enacting words and inserting:

/SECTION 1. Title 44 of the 1976 Code is amended by adding:

Section 44-40-10. This act may be cited as the 'South Carolina Agent Orange Information and Assistance Act'.

Section 44-40-20. As used in this chapter:

(1) 'Agent Orange' means the herbicide composed primarily of trichlorophenoxyacetic acid (2, 4, 5 T) and dichlorophenoxyacetic acid (2, 4 D) and its contaminant tetrachlorodibenzo-para-dioxin (2, 3, 7, 8 dioxin, TCDD).

(2) 'Chemical agent' means dioxin or other toxic substances found in certain defoliants, herbicides, pesticides, and similar chemical substances or causative agents.

(3) 'Council' means the South Carolina Agent Orange Advisory Council.

(4) 'Program' means the Agent Orange Information and Assistance Program.

(5) 'Veteran' means a person who is a resident of this State and who served in the armed forces of the United States of America from the year 1959 through the year 1975.

Section 44-40-30. There is created the South Carolina Agent Orange Advisory Council to assist and advise the South Carolina Department of Health and Environmental Control in its duties and functions as provided in this chapter and to assist and advise the South Carolina Department of Veterans Affairs in its duties and functions as provided in Section 25-11-70.

The council is composed of five voting members and five nonvoting ex officio members. The voting members must be veterans who served in Vietnam, Cambodia, Laos, or Thailand. Voting members are appointed by the Governor for terms of four years and until their successors are appointed and qualify. The Governor shall designate a chairman who shall serve for a term of two years. Vacancies on the council are filled by appointment in the same manner as the original appointment for the remainder of the unexpired term. Voting members of the council are paid the usual per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees.

The following shall serve as ex officio members without voting rights:

(1) One member of the Senate Medical Affairs Committee designated by its chairman.

(2) One member of the House Medical, Military, Public and Municipal Affairs Committee designated by its chairman.

(3) The Commissioner of the Department of Health and Environmental Control.

(4) The Director of Veterans Affairs or his designee.

(5) One faculty member of the Medical University of South Carolina with expertise in a field relevant to the purpose of the council.

(6) One faculty member of the University of South Carolina with expertise in a field relevant to the purpose of the council.

Section 44-40-40. There is established within the Health Hazard Evaluation Unit of the Department of Health and Environmental Control an Agent Orange Information and Assistance Program to be administered by the department with the advice and assistance of the council. The department shall provide the council with at least one staff person whose primary responsibility is to assist the council and to coordinate the activities of the program within the department. The department shall provide scientific information and other appropriate technical assistance and administrative support as requested by the council.

With the advice of council, the program shall:

(1) seek out, study, evaluate, and provide information regarding epidemiological, genetic, and other studies, investigations, and research that pertain to use of chemical agents, including Agent Orange, and adverse health conditions which may be associated with exposure to such agents;

(2) provide medical information to health professionals in the State regarding the detection, diagnosis, and treatment of acute and chronic symptoms which may be associated with exposure to chemical agents, including Agent Orange;

(3) monitor and report on the activities and policies of the United States Government and other states relating to the exposure of veterans to chemical agents, including Agent Orange;

(4) monitor existing programs for Vietnam veterans at the state or local level to determine if adequate services and resources exist, identify additional areas of concern, and make recommendations on behalf of Vietnam veterans to address these needs;

(5) provide, in cooperation with the health facilities of the University of South Carolina and the Medical University of South Carolina, genetic information, screening, and counseling to veterans who have concerns regarding the possible genetic effects which may be associated with exposure to chemical agents, including Agent Orange;

(6) establish, promote, and maintain a public information service on Agent Orange. The services shall include, but not be limited to, efforts to contact Vietnam veterans who may have been exposed to Agent Orange;

(7) maintain a central state registry of information on Vietnam veterans in South Carolina who may have been exposed to Agent Orange, dioxin, or other chemical substances. The registry also shall include information obtained under the provisions of Section 44-40-50.

Section 44-40-50. (A) At the request of a veteran, or his next of kin if the veteran is deceased, who believes that he may have been exposed to chemical agents, including Agent Orange, while serving in the armed forces of the United States, any physician or other health care provider who has the primary responsibility for treating the veteran must report the following information to the program:

(1) symptoms of the veteran which may be related to exposure to a chemical agent, including Agent Orange;

(2) diagnosis;

(3) methods of treatment prescribed;

(4) other information as determined by the program.

If there is no physician or other health care provider with the responsibility, the hospital treating the veteran shall make the report. If there is no health care provider or hospital treating the veteran, the veteran or his next of kin may submit the report directly to the program.

(B) The identity of a veteran about whom information is received by the program under this section is confidential information and may not be disclosed without the consent of the veteran or his personal representative. Summary data based on information received under this section is not confidential. No action or proceeding, civil or criminal, shall lie against any health care provider or hospital who provides information to the program pursuant to this section.

Section 44-40-60. With the cooperation of the Department of Health and Environmental Control and the Department of Veterans Affairs, the council:

(1) shall make an annual report to the General Assembly containing:

(a) a comprehensive review and summary analysis of the scientific literature on the effects of exposure to chemical agents, including Agent Orange;

(b) a summary of the activities undertaken to inform and assist veterans who may have been exposed to chemical agents, including Agent Orange;

(c) a description and interpretation of the results of any study undertaken pursuant to this chapter;

(d) other comments or recommendations the council considers appropriate.

(2) may hold hearings consistent with the purposes of this chapter.

To assist it in carrying out these functions, the council may contract for an evaluation of the performance of the Department of Health and Environmental Control and the Department of Veterans Affairs in implementing this chapter and may contract for the compilation and editing of the annual report."

SECTION 2. Chapter 11 of Title 25 of the 1976 Code is amended by adding:

"Section 25-11-70. The Department of Veterans Affairs shall assist the South Carolina Agent Orange Advisory Council and the Agent Orange Information and Assistance Program at the Department of Health and Environmental Control in carrying out the purposes of Chapter 40 of Title 44. The Department of Veterans Affairs shall:

(1) refer veterans to appropriate state and federal agencies or other available resources for treatment of adverse health conditions which may have resulted from possible exposure to chemical agents, including Agent Orange;

(2) assist veterans in filing compensation claims for disabilities that may have resulted from possible exposure to chemical agents, including Agent Orange;

(3) communicate the concerns of veterans related to exposure to chemical agents, including Agent Orange, to appropriate state and federal officials.

The department may request that the attorney general represent a class of individuals composed of veterans who may have suffered adverse health conditions as a result of possible exposure to chemical agents, including Agent Orange, in a suit for release of information relating to the exposure to these chemicals during military service and for release of individual medical records."

SECTION 3. This act shall take effect upon approval by the Governor./

Amend title to conform.

Alexander S. Macaulay             Timothy F. Rogers
Thomas H. Pope, III               Palmer Freeman, Jr.
Arthur Ravenel, Jr.               Larry Blanding
On Part of the Senate.              On Part of the House.

Rep. T. ROGERS 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 5, 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. 2608:

H. 2608 -- Reps. T. Rogers, Harvin, Klapman, McBride, K. Bailey, Stoddard, Patterson, Evatt, Alexander, Faber, Blanding, Gulledge, Hayes, Freeman and Taylor: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 SO AS TO PROVIDE FOR AN AGENT ORANGE INFORMATION AND TESTING PROGRAM IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASSIST RESIDENT VETERANS WHO SERVED IN THE ARMED FORCES FROM 1959 THROUGH 1975 WHO HAVE BEEN EXPOSED TO CHEMICAL AGENTS AND TO AMEND CHAPTER 11, TITLE 25, BY ADDING SECTION 25-11-70 SO AS TO REQUIRE THE DEPARTMENT OF VETERANS AFFAIRS TO ASSIST THE SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN CARRYING OUT THE AGENT ORANGE INFORMATION AND TESTING PROGRAM.
Very respectfully,
President

No. 96

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.

The General Assembly, Columbia, S.C., June 4, 1986

The COMMITTEE OF CONFERENCE, to whom was referred H. 2384:

H. 2384 -- Rep. Archibald: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-51-111 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR APPLICANTS FOR INSURANCE AGENTS' LICENSES AND TO MAKE EXCEPTIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 38-51-111.(A) No applicant may be licensed as a local or general agent unless, within two years immediately preceding the date of his licensing, he has:

(1) Successfully completed classroom courses, or the equivalent thereof, in insurance approved by the Commissioner consisting of no less than forty classroom hours, or the equivalent thereof; or

(2) Had at least one year of insurance underwriting or marketing experience as an employee of an agent, insurer, or their managers or general agents in all lines of insurance for which he is making application to be licensed.

(B) Certification of qualification of the applicant must be made by an official of the school, college, insurance company, association or other body conducting the course of study, or by the former employer for qualification under item (2) of subsection (A) of this section. The certification must be in a format approved by the Commissioner and submitted with the sponsoring company's appointment of the agent and the agent's application for an agent's license, except where a temporary license is requested pursuant to Section 38-51-110, in which event the temporary license may be issued without such certification, if the sponsoring company furnishes certification prior to the applicant's being granted permission to take the examination. The certification of qualification of the applicant must be made within thirty days from the date of receipt of the request to provide the certification.

(C) Any course or program of instruction or seminar developed and/or sponsored by any authorized insurer, recognized agents, association, or insurance trade association or any independent program of instruction shall, subject to the approval of the Commissioner qualify for the equivalency of the number of classroom hours assigned thereto by the Commissioner.

(D) Any correspondence course approved by the Commissioner shall qualify for the equivalency of the number of classroom hours assigned thereto by the Commissioner.

(E) This section applies to residents applying for a license to engage in the sale of insurance except those persons who have previously been licensed for a period of five years or more and those persons applying for a license limited to the following types of insurance only or a combination thereof:

(1) Credit life or credit accident and health

(2) Credit property

(3) Crop hail

(4) Automobile physical damage

(5) Mortgage guaranty and/or mortgage

redemption

(6) Title

(7) Travel accident and baggage

(8) Federal Crop Insurance Program."

SECTION 2. Persons accepting premiums as payment on insurance or filling out standard insurance forms but not otherwise engaged in the business of selling insurance are not to be construed as "agents."

SECTION 3. This act shall take effect upon approval by the Governor./

Amend title to conform.

John C. Lindsay                   Derwood L. Aydlette, Jr.
John E. Courson                   Tee Ferguson
Charles L. Powell                 Thomas A. Limehouse
On Part of the Senate.              On Part of the House.

Rep. AYDLETTE 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. 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.
Very respectfully,
President

No. 93

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.

Debate was resumed on the following Bill, the pending question being the consideration of Senate Amendments, Rep. SCHWARTZ having the floor.

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. WINSTEAD moved to continue the Bill.

Rep. BLACKWELL raised the Point of Order that the motion to continue the Bill was out of order as the pending question was consideration of the Senate Amendments.

The SPEAKER Pro Tempore sustained the Point of Order.

Rep. SCHWARTZ continued speaking.

Rep. FELDER inquired whether the pending question was the motion to reconsider the vote whereby the Amendment No. 1A was tabled.

The SPEAKER Pro Tempore replied in the affirmative.

The motion of Rep. AYDLETTE to reconsider the vote whereby Amendment No. 1A to the following Bill was tabled was taken up.

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. LOCKEMY moved to table the motion to reconsider which was agreed to by a division vote of 48 to 29.

Rep. FELDER moved immediate cloture on concurrence in the Senate Amendments.

Rep. L. MARTIN raised the Point of Order that the motion for immediate cloture on the question of concurrence was improper, as there were pending amendments to the Senate Amendments and, in accordance with Rule 9.1, those amendments would take precedence over the question of concurrence in the Senate Amendments.

The SPEAKER Pro Tempore sustained the Point of Order.

Rep. FELDER moved immediate cloture on the entire matter.

Rep. B.L. HENDRICKS proposed the following Amendment No. 2A (Doc. No. 5158R), which was adopted.

Amend the bill, as and if amended, p. 2, by striking SECTION 1, as contained on lines 9-44, and inserting:

/SECTION 1. Subsections (a) and (d) of Section 44-61-80 of the 1976 Code are amended to read:

"(a) All ambulance attendants shall obtain a valid emergency medical technician certificate unless an exception is granted pursuant to regulations promulgated by the department.

(d) A certificate so issued shall be is valid for a period not exceeding three years from the date of issuance and may be renewed every three years from the date of original certification subject to the holder completing a refresher course and examination during the three-year certification period as required by the department and provided for by this chapter; provided, that upon. Upon successful completion of forty-eight hours of an approved in-service training program by licensed ambulance service personnel directed by the medical control physician during the three-year certification period and passage of the examination skills evaluation as provided for by the department, the refresher course requirements and the practical skills evaluation may be waived; provided, further, that failure. Failure to successfully pass the written examination after two attempts will require completion of the refresher course and reexamination; provided, further, that the. The curriculum for in-service training programs required in this subsection shall include but not be limited to subject matter prescribed by the department. The in-service training programs shall consist of classroom and skills phases that may be conducted at ambulance services, educational facilities, or hospitals throughout the State. The medical control physician who evaluates the skills of an emergency medical technician applying for certificate renewal may also grant a waiver of taking the written exam. The waiver must certify that the emergency medical technician is knowledgeable, proficient, and capable of performing the duties of an emergency medical technician. The accomplished waiver substitutes for the written exam, and all others are required to take the prescribed written exam before renewal."/

Amend title to conform.

Rep. B.L. HENDRICKS explained the amendment.

The amendment was then adopted.

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

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 overridden the veto by the Governor by a vote of: Ayes 46, Nays 0, on R.553-H.3934:

(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.

Very respectfully,
President

No. 94

Received as information.

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

H. 4002 -- Reps. Schwartz and S. Anderson: A HOUSE RESOLUTION TO FIX 4:00 P.M. ON WEDNESDAY, OCTOBER 1, 1986, FOR THE PURPOSE OF INSTALLING THE HONORABLE ROBERT JOSEPH SHEHEEN AS SPEAKER OF THE HOUSE OF REPRESENTATIVES TO SUCCEED RETIRING SPEAKER RAMON SCHWARTZ TO BE HELD IN THE HALL OF THE HOUSE OF REPRESENTATIVES IN THE PRESENCE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND INVITED GUESTS.

Be it resolved by the House of Representatives:

That the time for installation of The Honorable Robert Joseph Sheheen as Speaker of the House of Representatives to succeed Speaker Ramon Schwartz, who is retiring, is fixed at 4:00 p.m. on Wednesday, October 1, 1986, in the Hall of the House of Representatives in the presence of the members of the House of Representatives and invited guests.

The Resolution was adopted.

The Senate Amendments to the following Bill were taken up for consideration.

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. SHARPE moved immediate cloture on the entire matter.

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

Those who voted in the affirmative are:

Schwartz               Alexander              Anderson, J.
Anderson, S.           Arthur, J.             Aydlette
Bailey, K.             Barfield               Bennett
Blanding               Brown, H.              Brown, J.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cleveland
Cork                   Dangerfield            Davenport
Day                    Edwards                Elliott
Faber                  Felder                 Foster
Gentry                 Gordon                 Gregory
Harris, P.             Harvin                 Hawkins
Hayes                  Helmly                 Hendricks, B.
Holt                   Huff                   Johnson, J.C.
Jones                  Kay                    Lake
Limehouse              Martin, D.             Martin, L.
McAbee                 McLellan               Mitchell
Moss                   Pearce                 Petty
Rhoad                  Rice                   Sharpe
Simpson                Snow                   Townsend
Tucker                 Washington             White
Williams               Woodruff

Those who voted in the negative are:

Blackwell              Bradley, P.            Brown, G.
Cooper                 Derrick                Foxworth
Freeman                Johnson, J.W.          Kirsh
Klapman                McEachin               McLeod
Neilson                Nettles                Ogburn
Rogers, T.             Sheheen                Thrailkill
Toal                   Winstead

So, immediate cloture was ordered.

Reps. McEACHIN, NETTLES, GILBERT, McKAY and McLEOD proposed the following Amendment No. lA, which was tabled.

Amend the Bill, as and if amended, in Section 1 by inserting immediately after line 2 on page 10 the following:

Provided, further, that the show and sale arena authorized in this subitem must be located in the Pee Dee area of this State. The Pee Dee area for purposes of this proviso means the counties or portions thereof in the Sixth Congressional district.

Renumber section to conform.

Amend title to conform.

Rep. McEACHIN explained the amendment.

Rep. P. BRADLEY raised the Point of Order that the amendment was improper as an identical amendment had previously been twice negatived.

Rep. L. MARTIN argued that the amendment was in order as the clincher had been applied to the amendment when the Bill was in the second reading posture, and the clincher would not carry forward to a different stage of the Bill.

The SPEAKER Pro Tempore, citing precedents, overruled the Point of Order.

Rep. McABEE moved to table the amendment.

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

Those who voted in the affirmative are:

Schwartz               Alexander              Anderson, J.
Anderson, S.           Bailey, G.             Bennett
Blackwell              Bradley, P.            Brett
Brown, H.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Cooper                 Cork                   Dangerfield
Edwards                Fair                   Felder
Foster                 Gentry                 Harris, P.
Hawkins                Hayes                  Helmly
Hendricks, B.          Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Kirsh
Lake                   Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McLellan               Petty                  Phillips, O.
Rice                   Rogers, T.             Sharpe
Shelton                Short                  Simpson
Stoddard               Taylor                 Townsend
Tucker                 Wilkins                Williams

Those who voted in the negative are:

Altman                 Barfield               Beasley
Boan                   Brown, G.              Brown, J.
Brown, R.              Davenport              Day
Derrick                Elliott                Faber
Foxworth               Freeman                Gilbert
Gordon                 Gregory                Harvin
Huff                   Keyserling             Limehouse
Lockemy                McEachin               McLeod
Neilson                Nettles                Pearce
Sheheen                Snow                   Thrailkill
Toal                   Woodruff

So, the amendment was tabled.

Reps. McEACHIN, NETTLES, GILBERT, McKAY and McLEOD proposed the following Amendment No. 2A, which was tabled.

Amend the Bill, as and if amended, in Section 1 by striking on line 31, page 9 the following:

"4. Show and Sale Arena $4,400,000," and lines 42-45 on page 9 and lines 1 and 2 on page 10 being the last proviso of subitem 23 of section 1.

Amend the Bill further, as and if amended, in Section 1 by inserting a new subitem appropriately numbered as follows:

( ) Department of Agriculture:

1. Show and Sale Arena $4,400,000

Total                         $4,400,000

Provided further, that the show and sale arena authorized in this subitem must be located in the Pee Dee area of this state. The Pee Dee area for purposes of this proviso means the counties or portions thereof in the Sixth Congressional District.

Renumber sections to conform.

Amend title to conform.

Amend totals to conform.

Rep. EDWARDS moved to table the amendment, which was agreed to.

Rep. SHEHEEN proposed the following Amendment No. 3A (Doc. No. 5196R), which was tabled.

Amend the bill, as and if amended by, striking all after the enacting words and substituting therefore:

/SECTION 1. Section 2-7-105 of the 1976 Code is amended to read:

"Section 2-7-105. State capital improvement bonds may be authorized by the General Assembly in even numbered odd-numbered years."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHEHEEN explained the amendment.

Rep. McABEE spoke against the amendment and moved to table the amendment.

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

Those who voted in the affirmative are:

Schwartz               Alexander              Altman
Anderson, J.           Anderson, S.           Arthur, J.
Aydlette               Bailey, G.             Brown, H.
Brown, J.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Cleveland              Cooper                 Cork
Dangerfield            Davenport              Day
Edwards                Felder                 Ferguson
Foster                 Gentry                 Gordon
Gregory                Harris, P.             Harvin
Hawkins                Hayes                  Helmly
Hendricks, B.          Holt                   Huff
Johnson, J.C.          Jones                  Kay
Keyserling             Lake                   Limehouse
Martin, D.             Martin, L.             Mattos
McAbee                 McKay                  McLellan
Moss                   Petty                  Phillips, O.
Rice                   Rogers, T.             Sharpe
Shelton                Simpson                Snow
Stoddard               Taylor                 Townsend
Tucker                 Washington             Wilkins
Williams               Woodruff

Those who voted in the negative are:

Barfield               Beasley                Bennett
Blackwell              Boan                   Bradley, P.
Brett                  Brown, R.              Derrick
Elliott                Foxworth               Freeman
Kirsh                  Klapman                Lockemy
McEachin               McLeod                 Neilson
Nettles                Ogburn                 Sheheen
Short                  Thrailkill             Toal

So, the amendment was tabled.

Rep. McABEE explained the Senate Amendments.

Rep. SHEHEEN spoke against concurrence in the Senate Amendments.

Rep. FELDER spoke in favor of concurrence in the Senate Amendments.

The question then recurred to the motion to concur in the Senate Amendments.

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

Those who voted in the affirmative are:

Schwartz               Alexander              Altman
Anderson, J.           Anderson, S.           Arthur, J.
Aydlette               Bailey, G.             Bennett
Blanding               Brown, G.              Brown, H.
Brown, J.              Burriss, T.M.          Carnell
Chamblee               Cleveland              Cooper
Dangerfield            Day                    Edwards
Elliott                Felder                 Ferguson
Foster                 Gilbert                Gordon
Gregory                Harris, J.             Harris, P.
Harvin                 Hawkins                Hayes
Helmly                 Hendricks, B.          Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Lake
Limehouse              Martin, D.             Martin, L.
Mattos                 McAbee                 McKay
McLellan               McLeod                 Moss
Nettles                Petty                  Phillips, O.
Rawl                   Rhoad                  Sharpe
Shelton                Simpson                Snow
Stoddard               Toal                   Townsend
Tucker                 Waldrop                Washington
White                  Wilkins                Williams
Winstead               Woodruff

Those who voted in the negative are:

Arthur, W.             Barfield               Beasley
Blackwell              Boan                   Bradley, P.
Brett                  Brown, R.              Burriss, J.H.
Burriss, M.D.          Cork                   Davenport
Derrick                Foxworth               Freeman
Gentry                 Kirsh                  Klapman
Lockemy                McEachin               Neilson
Ogburn                 Pearce                 Rice
Rogers, T.             Sheheen                Short
Thrailkill

So, the Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.

Rep. TUCKER moved to reconsider the vote whereby the House concurred in the Senate Amendments.

Rep. CARNELL moved to table the motion which was agreed to.

Although there are many worthy projects included in this Bill, my judgement is that our economic future will not support additional debt service expense. Therefore, I must vote against the Bill.

Rep. DILL BLACKWELL

The following was introduced:

H. 4003 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Winstead, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Boan, P. Bradley, Brett, G. Brown, H. Brown, J. Brown, R. Brown, J.D. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B.L. Hendricks, L. Hendricks, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, White, Wilkins, Williams, and Woodruff: A HOUSE RESOLUTION TO CONGRATULATE THE HONORABLE A. VICTOR RAWL UPON HIS APPOINTMENT AND CONFIRMATION TO THE SOUTH CAROLINA INDUSTRIAL COMMISSION AND TO COMMEND HIM FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Whereas, the members of the House of Representatives with great pride took note of the appointment and confirmation of the Honorable A. Victor Rawl of Charleston to the South Carolina Industrial Commission; and

Whereas, Vic Rawl's appointment to the Industrial Commission unfortunately means that his tenure as a member of the House of Representatives from Charleston County will be coming to a close at the end of this session; and

Whereas, Vic Rawl was first elected to the House in 1977 where he served a two-year term and was again elected to the House in 1981, and has served continuously since this date; and

Whereas, he has served his county, State, and constituents well in numerous capacities including being a member of the House Judiciary Committee and a member of the State Reorganization Commission; and

Whereas, throughout his legislative career, he has been respected by his constituents and colleagues for his innovative legislation in many fields including modernization of the judicial process in this State and for his compassion and concern for the well-being of the citizens of Charleston and South Carolina; and

Whereas, his training as a lawyer, after having graduated from the College of Charleston in 1968 and the University of South Carolina Law School in 1973, served him well as a member of the South Carolina House of Representatives; and

Whereas, his many friends and colleagues in the General Assembly would appreciate his advice and counsel when his new duties permit him to return to the State House in Columbia; and

Whereas, the members of the House of Representatives, by this resolution, would like to extend their heartiest congratulations to this fine public servant upon his taking office as a member of the South Carolina Industrial Commission and would further like to commend him for all that he has done as a member of the House of Representatives to make South Carolina a better and more enjoyable State. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby commend the Honorable A. Victor Rawl upon his appointment and confirmation to the South Carolina Industrial Commission and commend him for his many years of outstanding service as a member of the South Carolina House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to the Honorable A. Victor Rawl.

Rep. WINSTEAD explained the Resolution.

The Resolution was adopted.

Rep. RAWL made a statement relative to his service in the House of Representatives.

Rep. TOAL raised the Point of Order that it was now 12:30 P.M., and in accordance with Rule 6.1, the House was now in recess.

The SPEAKER Pro Tempore sustained the Point of Order and stated the House was now in recess until 2:00 P.M.

At 2:00 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

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

On motion of Rep. TOAL, with unanimous consent, the Senate Amendments to the following Bill were taken up for consideration.

S. 1331 -- Senator Lourie: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SMITH TIMBER, INC.

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 sent to the House the following:

S. 1376 -- Senators Williams, Moore, Nell W. Smith, Courson and Fielding: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY CONVENES ON THURSDAY, JUNE 5, 1986, IT IS AUTHORIZED TO GO BEYOND THE 5:00 P.M. ADJOURNMENT HOUR, THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON JUNE 5, 1986, IT SHALL STAND ADJOURNED TO MEET ON JUNE 10, 11, 12, 16, 17, AND 18, 1986, FOR CERTAIN LOCAL UNCONTESTED MATTERS AND RESOLUTIONS, THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON JUNE 18, 1986, IT SHALL STAND ADJOURNED TO MEET IN REGULAR SESSION ON THURSDAY, JUNE 19, 1986, FOR THE CONSIDERATION OF CERTAIN MATTERS, AND THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, JUNE 19, 1986, NO LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED SINE DIE.

The Concurrent Resolution was ordered referred to the Committee on Rules.

The following was received.
Columbia, S. C., June 5, 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. 906:

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.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 95

Received as information.

The following was received.
Columbia, S. C., June 5, 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. 3950:

H. 3950 -- Rep. Harvin: A BILL TO PROVIDE FOR THE NONPARTISAN ELECTION AND THE APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 IN CLARENDON COUNTY; TO INCREASE THE NUMBER OF THE BOARD MEMBERS FROM SEVEN TO TEN IN 1986; TO DECREASE THE NUMBER TO NINE IN 1987 AND AFTER THAT YEAR; TO PROVIDE FOR THE TIME AND MANNER OF THE ELECTIONS AND APPOINTMENTS; TO PROVIDE FOR FILLING OF VACANCIES; AND TO REPEAL ACT 232 OF 1983 RELATING TO THE APPOINTMENT OF TRUSTEES FOR THE SCHOOL DISTRICT.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 99

Received as information.

The following was introduced:

H. 4004 -- Reps. Toal, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE S. RHEA HASKELL, A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES FROM RICHLAND COUNTY, UPON HIS DEATH.

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

On motion of Rep. T. ROGERS, with unanimous consent, the House stood in a moment of Silent Prayer in memory of former colleague S. Rhea Haskell.

Rep. T. ROGERS moved that when the House adjourns it adjourn out of memory and respect for the late S. Rhea Haskell, which was agreed to.

The following was received.
Columbia, S.C., June 5, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, McConnell and Applegate of the Committee of Free Conference on the part of the Senate on H. 2279:

H. 2279 -- Reps. Wilkins, P. Bradley, Brett, Fair, Ferguson, Marchant, Hawkins, Russell and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-15 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PROVIDE BY ORDINANCE FOR THE ELECTION OF AN ADDITIONAL MEMBER OF THE GOVERNING BODY TO BE ELECTED FROM THE COUNTY AT LARGE AND BE ITS CHAIRMAN; AND TO AMEND SECTION 4-9-90, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO THOSE COUNCILS EXERCISING THE AUTHORITY UNDER THE PROVISIONS OF SECTION 4-9-15.
Very respectfully,
President

No. 97

Received as information.

On motion of Rep. SCHWARTZ, the Free Conference Report on the following Bill was readopted.

H. 2279 -- Reps. Wilkins, P. Bradley, Brett, Fair, Ferguson, Marchant, Hawkins, Russell and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-15 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PROVIDE BY ORDINANCE FOR THE ELECTION OF AN ADDITIONAL MEMBER OF THE GOVERNING BODY TO BE ELECTED FROM THE COUNTY AT LARGE AND BE ITS CHAIRMAN; AND TO AMEND SECTION 4-9-90, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO THOSE COUNCILS EXERCISING THE AUTHORITY UNDER THE PROVISIONS OF SECTION 4-9-15.

The following was received.
Columbia, S.C., June 5, 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. 2279:

H. 2279 -- Reps. Wilkins, P. Bradley, Brett, Fair, Ferguson, Marchant, Hawkins, Russell and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-15 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PROVIDE BY ORDINANCE FOR THE ELECTION OF AN ADDITIONAL MEMBER OF THE GOVERNING BODY TO BE ELECTED FROM THE COUNTY AT LARGE AND BE ITS CHAIRMAN; AND TO AMEND SECTION 4-9-90, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO THOSE COUNCILS EXERCISING THE AUTHORITY UNDER THE PROVISIONS OF SECTION 4-9-15.
Very respectfully,
President

No. 98

Received as information.

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 following was introduced:

H. 4005 -- Reps. Evatt, J. Brown, M.D. Burriss, T.M. Burriss, Faber, Hearn, McBride, T. Rogers, Taylor, Toal and Cork: A HOUSE RESOLUTION TO RECOGNIZE THE OUTSTANDING SERVICE OF THE HONORABLE LLOYD I. HENDRICKS OF RICHLAND COUNTY AS A MEMBER OF THE GENERAL ASSEMBLY.

The resolution was adopted.

On motion of Rep. G. BAILEY, the House non-concurred in the Senate Amendments to the following Bill and a message was ordered sent to the Senate accordingly.

S. 1327 -- Senators Branton and Matthews: A BILL TO PROVIDE FOR TWO ADDITIONAL MAGISTRATES IN DORCHESTER COUNTY.

On motion of Rep. G. BAILEY, the House non-concurred in the Senate Amendments to the following Bill and a message was ordered sent to the Senate accordingly.

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.

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. BLACKWELL having the floor.

H. 3300 -- Reps. J. Rogers, J. Bradley, Huff, Lewis, McBride, Mitchell, Neilson, Russell, Sharpe, Shelton, Winstead, B.L. Hendricks, R. Brown, Evatt, Harvin, Snow, Hayes, Keyserling, J. Harris, Davenport, Hawkins, J. Anderson, Jones, Waldrop, Tucker, Chamblee, Barfield, J.H. Burriss, Sturkie, Ogburn, Gentry, McKay, Wilkins, J.C. Johnson, Lockemy, Gilbert, Limehouse, Carnell, Day, Griffin, Nettles, Woodruff, McTeer, Brett and T. Rogers: A BILL TO AMEND SECTIONS 12-21-2590 AND 12-21-2600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO LICENSE FEES AND ADMISSIONS TAXES SO AS TO DOUBLE THE APPLICABLE LICENSE FEES AND TAXES, AND TO AMEND SECTION 12-21-2620, RELATING TO THE DISPOSITION OF BINGO REVENUES, SO AS TO PROVIDE THAT ONE-HALF OF THE REVENUES MUST BE DEPOSITED IN A SEPARATE FUND FOR THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND CREDITED TO THE ACCOUNT OF EACH COUNTY FOR DISTRIBUTION BY THE DEPARTMENT IN GRANTS FOR PARKS AND RECREATION DEVELOPMENT.

Rep. BLACKWELL continued speaking.

Rep. ALEXANDER moved to continue the Bill.

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

The House refused to continue the Bill by a division vote of 25 to 32.

Rep. J. ARTHUR raised the question of a quorum.

A quorum was later present.

Rep. BLACKWELL continued speaking.

Rep. SHEHEEN moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER Pro Tempore ordered that the absent members be sent for.

Rep. BLACKWELL continued speaking.

On motion of Rep. CARNELL the House stood at ease subject to the call of the Chair.

Further proceedings were interrupted by the House standing at ease subject to the Call of the Chair, the pending question being consideration of the Bill, Rep. BLACKWELL having the floor.

At 3:10 P.M. the House resumed, the SPEAKER in the Chair.

Rep. LOCKEMY asked unanimous consent to introduce a Concurrent Resolution.

Rep. LEWIS objected.

The following was received.
The General Assembly, Columbia, S.C., June 5, 1986

The COMMITTEE OF CONFERENCE, to whom was referred:

S. 733 -- Senators Saleeby, Martin, Land, McLeod and Holland: A BILL TO ESTABLISH THE MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING-IMMUNITY ACT, TO PROVIDE FOR THE EXCHANGE OF INFORMATION RELATING TO MOTOR VEHICLE THEFT OR MOTOR VEHICLE INSURANCE FRAUD BETWEEN AUTHORIZED GOVERNMENTAL AGENCIES AND INSURERS, TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR THE EXCHANGES, TO PROVIDE FOR CONFIDENTIALITY, AND TO PROVIDE A PENALTY.
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, page 2, SECTION 2, by striking item (d), beginning on line 8 and inserting:

/(d) "Immune" means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this act unless actual malice on the part of the insurance company or authorized agency against the insured or gross negligence or reckless disregard for his rights is present./

Edward Saleeby                    Robert McLellan
John Martin                       John McLeod
John Land                         Warren Arthur
On Part of the Senate.              On Part of the House.

Rep. McLELLAN explained the Report.

The Report was adopted and a message was ordered sent to the Senate accordingly.

The following was introduced:

H. 4006 -- Reps. L. Martin, Edwards, Neilson, Klapman, Cork, Sharpe, P. Bradley, J.W. Johnson, Schwartz, Day, Limehouse, H. Brown, Petty, Kay, Dangerfield, J.C. Johnson, Townsend, Chamblee, Thrailkill, Harvin, Tucker, P. Harris, Lockemy and Mattos: A CONCURRENT RESOLUTION AUTHORIZING THE CRAFTED WITH PRIDE FLAG TO BE FLOWN FROM THE FLAGSTAFF ON THE DOME OF THE STATE HOUSE DURING THE WEEK OF OCTOBER 18-26 WHICH IS PROCLAIMED BY GOVERNOR RICHARD W. RILEY AS TEXTILE WEEK 1986.

Whereas, the textile industry in our State is the largest employer, largest taxpayer, and largest consumer of goods and services; and

Whereas, the Governor of this State has proclaimed a week each year since 1975 to honor this industry; and

Whereas, Textile Week 1986 will be October 18-26.
Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, authorize the Crafted With Pride flag to be flown from the flagstaff on the dome of the State House during the week of October 18-26 which is proclaimed by Governor Richard W. Riley as Textile Week 1986.

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

The following was introduced:

H. 4007 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO COMMEND THE GAITHER FAMILY UPON THE OCCASION OF THE GAITHER FAMILY REUNION WHICH IS TO BE HELD IN CAMDEN FROM JULY FOURTH TO JULY SIXTH.

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

The following was introduced:

H. 4008 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO COMMEND THE JAMES FAMILY UPON THE OCCASION OF THE JAMES FAMILY REUNION WHICH IS TO BE HELD IN CAMDEN FROM JULY FOURTH TO JULY SIXTH.

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

The Senate sent to the House the following:

S. 1377 -- Senators Powell and Drummond: A CONCURRENT RESOLUTION TO COMMEND CHARLES H. HERNDON, JR., OF GREENWOOD COUNTY, DISTRICT 2 ENGINEERING ADMINISTRATOR FOR THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, FOR HIS MANY YEARS OF DEDICATED AND EFFICIENT SERVICE AND TO EXTEND BEST WISHES TO HIM UPON HIS RETIREMENT.

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

The following was received from the Senate.

The following was received.
Columbia, S.C., June 5, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1330:

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.
and asks for a Committee of Conference and has appointed Senators Branton and Matthews of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 101

Whereupon, the Chair appointed Reps. LIMEHOUSE, DAY and G. BAILEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received from the Senate.

The following was received.
Columbia, S.C., June 5, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1327:

S. 1327 -- Senators Branton and Matthews: A BILL TO PROVIDE FOR TWO ADDITIONAL MAGISTRATES IN DORCHESTER COUNTY.
and asks for a Committee of Conference and has appointed Senators Branton and Matthews of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 102

Whereupon, the Chair appointed Reps. LIMEHOUSE, DAY and G. BAILEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., June 5, 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. 2384:

H. 2384 -- Rep. Archibald: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-51-111 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR APPLICANTS FOR INSURANCE AGENTS' LICENSES AND TO MAKE EXCEPTIONS.
Very respectfully,
President

No. 104

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 from the Senate.

The following was received.
Columbia, S. C., June 5, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 3929:

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.
Very respectfully,
President

No. 100

On motion of Rep. G. BAILEY, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. G. BAILEY, DAY and LIMEHOUSE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S. C., June 5, 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. 984:

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.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 106

Received as information.

The following was received.
Columbia, S. C., June 5, 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. 629:

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.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 105

Received as information.

The following was introduced:

H. 4009 -- Reps. Harvin and Hearn: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE E. A. HALL, JR., OF COLUMBIA FOR HIS MANY YEARS OF UNSELFISH AND DEDICATED SERVICE AS A MEMBER OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.

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

The following was received.

The General Assembly, Columbia, S.C., June 5, 1986

The COMMITTEE OF FREE CONFERENCE, to whom was referred H. 3550:

H. 3550--Ways and Means Committee: (The General Appropriation Bill for 1986-87)
Beg leave to report that they have duly and carefully considered the same and recommend:

That the bill do pass with the following amendments:

References in all sections of this conference report are to the bill as passed by the House of Representatives except where otherwise noted when specific sections and provisos of the bill as passed by the Senate are adopted by reference.

Amend the bill, as and if amended, by striking SECTIONS 3A through 3I, inclusive, and inserting SECTIONS 3A through 3I of the bill as passed by the Senate.

Amend further in PART I by striking SECTIONS 3K2 through 16K, inclusive, and inserting SECTIONS 3K2 through 16K of the bill as passed by the Senate.

Amend further in PART I by striking SECTIONS 16M through 46, inclusive, and inserting SECTIONS 16M through 46 of the bill as passed by the Senate.

Amend further in PART I by striking SECTIONS 48 through 128 inclusive and inserting SECTIONS 48 through 128 of the bill as passed by the Senate.

(b) All references in this subsection are to PART I Sections as passed by the Senate as adopted in Subsection (a) of this section.

Amend the bill, as and if amended, SECTION 4, page 75, line 21, by striking in the last two columns /20,000/.

Amend further, SECTION 5C, page 85, line 12, by striking in the next-to-last column /2,638,993/ and inserting /2,538,993/, and in the last column by striking /1,820,022/ and inserting /1,720,022/.

Amend further, SECTION 8, page 95, line 27, by striking in the last two columns /271,812/ and inserting /181,812/.

Amend further, SECTION 9, page 99, line 20, by striking in the last two columns /435,224/ and inserting /345,224/.

Amend further, SECTION 10, page 101, line 22, by striking in the last two columns /90,000/ and inserting /40,000/.

Amend further, SECTION 13, page 111, by inserting after line 32:

/Clark Hill Training Site     100,000     100,000/.

Amend further, SECTION 16A, page 119, line 33, by striking /1,200/ in the last two columns and inserting /200/.

Amend further, SECTION 16C, page 125, line 30, by striking in the last two columns /10,000/ and inserting /8,000/.

Amend further, SECTION 16D, page 127, line 5, by striking in the last two columns /221,176/ and inserting /255,376/, and on line 6, by striking /7/ in the last two columns and inserting /8/, and on page 130, line 25, by striking in the next-to-last column /795,398/, and inserting /801,198/, and in the last column by striking /224,819/ and inserting /230,619/.

Amend further, SECTION 16E, page 135, line 21, by striking in the next-to-last column /45,500/ and inserting /41,500/, and in the last column by striking /4,600/ and inserting /600/, and on page 141, line 18, by striking in the last two columns /500,000/ and inserting /125,000/.

Amend further, SECTION 16G, page 146, line 11, by striking in the last two columns /15,871/ and inserting /6,871/, and on line 14 by striking in the last two columns /34,843/ and inserting /25,843/.

Amend further, SECTION 16M, page 163, line 4, by striking in the last two columns /13,809,725/ and inserting /27,714,661/.

Amend further, SECTION 19, The Citadel, page 186, line 2, by striking in the last two columns /229,749/ and inserting /103,656/.

Amend further, SECTION 20, page 197, line 34, by striking in the last two columns /1,165,926/ and inserting /540,376/.

Amend further, SECTION 21, page 204, line 22, by striking in the next-to-last column /1,501,787/ and inserting /1,329,987/ and in the last column by striking /435,543/ and inserting /263,743/.

Amend further, SECTION 22, page 212, line 20, by striking in the last two columns /49,245/ and on page 210, line 26, by striking in the next-to-last column /678,518/ and inserting /631,093/, and in the last column by striking /417,810/ and inserting /370,385/.

Amend further, SECTION 23, page 217, line 30, by striking in the last two columns /141,931/ and inserting /68,976/.

Amend further, SECTION 24, page 226, line 9, by striking in the next-to-last column /832,401/ and inserting /654,533/ and in the last column by striking /537,892/ and inserting /360,024/.

Amend further, SECTION 25A, page 242, line 18, by striking in the last two columns /3,431,858/ and inserting /2,369,556/.

Amend further, SECTION 25B, page 249, line 3, by striking in the last two columns /367,600/ and inserting /232,948/.

Amend further, SECTION 25C, page 257, line 8, by striking in the last two columns /407,583/ and inserting /351,402/.

Amend further, SECTION 25D, page 265, line 20, by striking in the last two columns /473,771/ and inserting /401,399/.

Amend further, SECTION 25E, page 273, line 42 by striking in the last two columns /524,023/ and inserting /452,862/.

Amend further, SECTION 25F, page 279, line 7, by striking in the last two columns /34,794/ and inserting /24,795/.

Amend further, SECTION 25G, page 287, line 3, by striking in the last two columns /57,368/ and inserting /39,316/.

Amend further, SECTION 25H, page 292, line 31, by striking in the last two columns /17,659/ and inserting /6,975/.

Amend further, SECTION 25I, page 301, line 16, by striking in the last two columns /106,259/ and inserting /80,874/.

Amend further, SECTION 25J, page 307, line 13, by striking in the last two columns /36,670/ and inserting /29,759/.

Amend further, SECTION 26, page 318, line 10, by striking in the last two columns /250,000/ and inserting /84,519/.

Amend further, SECTION 27A, page 319, line 32, by striking in the next-to-last column /2,803,914/ and inserting /2,095,413/ and in the last column by striking /2,149,043/ and inserting /1,440,542/.

Amend further, SECTION 27B, page 334, line 5, by striking in the last two columns /1,249,716/ and inserting /1,129,496/.

Amend further, SECTION 27C, page 337, line 3, by striking in the last two columns /67,116/ and on page 335, line 13, by striking in the next-to-last column /2,605,637/ and inserting /2,534,143/, and in the last column by striking /2,570,637/ and inserting /2,499,143/.

Amend further, SECTION 29, page 344, line 1, by striking in the last two columns /1,500,000/ and inserting /1,014,075/.

Amend further, SECTION 30, page 352, line 24, by striking in the last two columns /13,041,846/ and inserting /12,041,846/ and on page 351, line 14, by striking in the last two columns /800,000/.

Amend further, SECTION 30, page 357, line 32, by striking in the next to last column /2,108,347/ and inserting /6,000,000/ and on page 362, line 13, by striking in the next to last column /17,971,871/ and inserting /14,080,218/.

Amend further, SECTION 38, page 403, line 2, by striking in the last two columns /250,000/ and inserting /200,000/.

Amend further, SECTION 40, page 415, line 2, by striking in the next-to-last column /10,191,989/ and inserting /8,781,981/ and in the last column by striking /2,699,019/ and inserting /1,289,019/.

Amend further, SECTION 43, page 489, line 25, by striking in the next-to-last column /30,706,200/ and inserting /29,606,200/, and in the last column by striking /9,913,693/ and inserting /8,813,693/, and on page 491, line 25, by inserting in the last two columns /60,000/.

Amend further, SECTION 45, page 507, line 34, by striking in the next-to-last column /91,540,908/ and inserting /91,516,788/, and in the last column by striking /24,276,042/ and inserting /24,251,922/, and on page 501, line 3, by striking in the last two columns /2,739,003/ and inserting /2,515,699/, and on page 511, line 5, by striking in the last two columns /5,128,421/ and inserting /3,875,845/.

Amend further, SECTION 55, page 538, line 34, by striking in the next-to-last column /54,912,281/ and inserting /54,594,485/, and in the last column by striking /54,329,828/ and inserting /54,012,032/, and on page 546, line 11, by striking in the next-to-last column /17,998,708/ and inserting /17,941,504/, and in the last column by striking /17,117,103/ and inserting /17,059,899/.

Amend further, SECTION 57, page 553, line 39, by striking in the last two columns /204,825/ and inserting /182,305/, and on page 554, line 4, by striking in the last two columns /463,800/ and inserting /453,000/, and on page 556, line 7, by striking in the next-to-last column /492,463/ and inserting /471,263/, and in the last column by striking /435,463/ and inserting /414,263/, and on line 8, by striking in the next-to-last column /729,605/ and inserting /710,125/, and in the last column by striking /532,556/ and inserting /513,076/, and on page 557, line 5, by striking in the last two columns /418,780/ and inserting /392,780/.

Amend further, SECTION 60, page 565, line 29, by striking in the last two columns /250,000/ and inserting /200,000/.

Amend further, SECTION 62, page 578, line 41, by striking in the next-to-last column /370,633/ and inserting /345,633/ and by striking in the last column /279,248/ and inserting /254,248/.

Amend further, SECTION 67, page 605, line 15, by striking in the next-to-last column /707,972/ and inserting /682,972/ and in the last column by striking /559,679/ and inserting /534,679/.

Amend further, SECTION 68, page 612, line 38, by striking in the last two columns /200,000/ and inserting /150,000/.

Amend further, SECTION 70, page 621, by inserting after line 24:

/Isle of Palms Catwalk     100,000     100,000/.

Amend further, SECTION 73, page 633, line 14, by striking in the next-to-last column /551,699/ and inserting /526,699/ and in the last column by striking /159,078/ and inserting /134,078/.

Amend the bill, as and if amended, in PART I, SECTION 1, page 1, left column, line 28, by deleting /Commercial Nuclear Waste Tax,/.

Amend further, in PART I, SECTION 3--Legislative Department, page 69, right column, by striking the proviso beginning on line 28 and inserting the SECTION 3 proviso beginning on line 28, right side, page 68, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 3--Legislative Department, page 69, right column, by striking the proviso beginning on line 33 and inserting the SECTION 3 proviso beginning on line 34, right column, page 68, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 3--Legislative Department, page 70, left column, by deleting the proviso beginning on line 31.

Amend further, in PART I, SECTION 3--Legislative Department, page 70, left column, by deleting the proviso beginning on line 34.

Amend further, in PART I, SECTION 3--Legislative Department, page 70, right column, by deleting the proviso beginning on line 13.

Amend further, PART I, SECTION 3, Legislative Department, page 70, by adding at the end the proviso beginning on line 12, right column, page 69 of the bill as passed by the Senate.

Amend further, in PART I, SECTION 5--Governors Office, page 88, left column, by deleting the proviso beginning on line 31.

Amend further, in PART I, SECTION 5--Governors Office, page 88, left column, by striking the proviso beginning on line 35 and inserting the SECTION 5 proviso beginning on line 31, left column, page 88, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 5--Governors Office, page 88, right column, by striking the proviso beginning on line 32 and inserting the SECTION 5 proviso beginning on line 33, right column, page 88, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 5--Governors Office, page 88, right column, by striking the proviso beginning on line 40 and inserting the SECTION 5 proviso beginning on line 42, right column, page 88, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 8--Comptroller General's Office, page 96, left column, by striking the proviso beginning on line 9 and inserting the SECTION 8 proviso beginning on line 1, left column, page 97, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 8--Comptroller General's Office, page 96, left column, by striking the proviso beginning on line 20 and inserting the SECTION 8 proviso beginning on line 12, left column, page 97, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 8--Comptroller General's Office, page 97, by deleting the proviso beginning on line 28.

Amend further, in PART I, SECTION 16--Budget and Control Board, page 169, right column, by striking item (1) of the proviso beginning on line 32 and inserting item (1) of the SECTION 16 proviso beginning on line 21, right column, page 165, of the bill as passed by the Senate.

Amend further, PART I, SECTION 16, Budget and Control Board, page 171, by striking the provisos beginning on line 4, right column, through line 19, left column, of page 172, and inserting:

/Provided, Further, That the State Budget and Control Board may develop and implement a revised pay schedule for classified positions. Provided, However, That the minimum wage shall be no less than the minimum wage established by the Federal Fair Labor Standards Act and that no classified employee be paid less than the minimum of his pay range.

Provided, Further, That effective on the first pay day which occurs on or after July 1, 1986, the base salary of all classified employees must be increased by three percent unless otherwise prohibited or allowed herein.

Provided, Further, That the Budget and Control Board shall develop a plan for the distribution of the funds appropriated in SECTION 16L and designated as base pay increases.

Provided, Further, That base pay increases shall not be awarded to employees in amounts having the effect of raising base salaries above the new adjusted maximum of their pay ranges.

Provided, Further, That longevity payments shall not be considered a part of the base salary of the employee for the purpose of awarding a base pay increase.

Provided, Further, That the amounts appropriated to the Budget and Control Board for Base Pay Increase must be allocated by the board to various state agencies to provide pay increases for unclassified employees in accordance with the following plan:

A. Effective on the first pay date which occurs on or after July 1, 1986, the compensation of each unclassified employee must be increased by three percent unless otherwise prohibited or allowed by Paragraph B of this proviso.

B. Provided, Further, That with respect to unclassified executive compensation system and academic employees, each agency, university, college, four-year campus, two-year campus, and the State Board for Technical and Comprehensive Education are authorized to determine the total funds required for compensation increases for its unclassified employees as a group and to allot the total among individual unclassified executive compensation system and academic employees without uniformity. Provided, Further, That all of the salaries are subject to the provisions of SECTION 138 of PART I of this act and that specific Budget and Control Board approval must be obtained before any unclassified employee may be granted an annual pay raise in excess of eight percent. The funds provided for compensation increases for unclassified executive compensation system and academic employees are based on an average annual four percent increase effective on the first pay date occurring on or after October 1, 1986. Unclassified executive compensation and academic employees are not eligible for the compensation increases as provided in Paragraph A of this proviso.

Provided, Further, That it is the intent of the General Assembly that a salary and fringe benefit survey for agency heads shall be conducted by the Human Resource Management Division of the Budget and Control Board every three years beginning with 1983-84./

Amend further, in PART I, SECTION 16--Budget and Control Board, page 172, left column, by striking the provisos beginning on line 29 through line 18 of the right column and by striking the provisos beginning on line 24 of the right column through line 14, left column, of page 173, and inserting from the Senate version the provisos beginning on page 168, left column, line 19 through line 9 in the right column and by striking on lines 5 and 9, page 168, right column of the inserted material /October/ and inserting /July/.

Amend further, in PART I, SECTION 16--Budget and Control Board, page 174, left column, by deleting the proviso beginning on line 35.

Amend further, in PART I, SECTION 16--Budget and Control Board, page 174, right column, after line 44, by inserting the SECTION 16 proviso beginning on line 4, right column, page 170, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 16--Budget and Control Board, page 175, left column, by striking the proviso beginning on line 4 and inserting the SECTION 16 proviso beginning on line 24, right column, page 170, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 16--Budget and Control Board, page 175, left column, by deleting the proviso beginning on line 9.

Amend further, in PART I, SECTION 16--Budget and Control Board, page 175, at the end of the section, by inserting the SECTION 16 proviso beginning on line 22, left column, page 171, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 16--Budget and Control Board, page 175, at the end of the section, by inserting the SECTION 16 proviso beginning on line 27, left column, page 171, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 16--Budget and Control Board, page 175, at the end of the section, by inserting the SECTION 16 proviso beginning on line 8, right column, page 171, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 16--Budget and Control Board, page 175, at the end of the section, by inserting the SECTION 16 proviso beginning on line 17, right column, page 171, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 16--Budget and Control Board, page 175, at the end of the section, by inserting the SECTION 16 proviso beginning on line 23, right column, page 171, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 16--Budget and Control Board, page 175, by adding at the end:

/Notwithstanding any other provision of law, the General Assembly shall, for Fiscal Year 1986-87, appropriate one percent of General Fund revenue estimates for that year, to the Capital Expenditure Fund, as provided for in SECTION 16M./

Amend further, PART I, SECTION 17--Commission on Higher Education, page 178, by adding at the end of the section:

/Provided, Further, That of the funds appropriated herein not more than $750 must be used to make grants to South Carolina residents enrolled in an accredited institution outside the State in a program leading to a degree in meteorology. The amount awarded to any such student must be $750, the payment for the grant must be made directly to the institution for the account of the grantee.

Provided, Further, That the amount appropriated in this section for "State Grants Program" must be used to make grants to South Carolina residents (1) enrolled in an accredited institution in a program leading to an associate or higher degree, which program is not offered in this State but is offered by some state-supported institution in the United States, or (2) enrolled in an accredited institution outside the State in the fields of medicine or podiatry, or (3) enrolled in an accredited institution outside the State in a program leading to a certificate or degree in the field of mortuary science; Provided, Further, That the amount awarded to any student is limited to the lesser of $750 per fiscal year or one-third of the tuition and fees charged; Provided, Further, That the payment for each grant which is approved must be made directly to the institution for the account of the grantee.

Provided, Further, That of the funds appropriated herein, an amount up to $750 per student may be expended for the retroactive reimbursement of students from South Carolina who were enrolled in a program leading to a degree or certificate in mortuary science during the 1985-86 school year, but for whom funds were not available during FY 1985-86 to reimburse the education institution directly.

Provided, Further, That the funds appropriated herein for Out of State School of the Arts must be expended for an SREB Contract Program, administered by the Commission, which will offset the difference between the out-of-state cost and in-state cost for artistically talented high school students at the North Carolina School of the Arts.

Provided, Further, That before any local area higher education commission may dispose of any real property, the approval of the Budget and Control Board must be obtained./

Amend further, PART I, SECTION 25--University of South Carolina, page 322, by adding at the end of the section:

/Provided, Further, That the twenty-four positions authorized for the Guardian Ad Litem Program in SECTION 25A, University of South Carolina, must be for the use of the Guardian Ad Litem Program only.

Provided, Further, That funds appropriated under IIIA. Public Service, Education Policy Analysis, must be used to conduct a study of the relationship of achievement gains, classroom discipline, personnel and facilities costs to the ratio of pupils to teachers in the elementary grades. The study also shall include a consideration of the use of teacher aides as an alternative to lower pupil:teacher ratios. The findings of the study must be presented to the Senate Education Committee not later than April 1, 1987./

Amend further, PART I, SECTION 29--St. Bd. For Technical & Comprehensive Ed., page 364, by striking the proviso which begins on line 2 of the left column and inserting:

/Provided, Further, That up to $150,000 of the "Special Item: Short Term and Innovative Training" appropriation may be used to implement and monitor the Employment Revitalization Act./

Amend further, PART I, SECTION 30-State Education Department, page 383, left column, line 35 and in the right column, line 30, by striking /$11,958/ and inserting /$12,194/.

Amend further, PART 1, SECTION 30, page 383, right column, by striking the proviso which begins on line 39.

Amend further, PART I, SECTION 30--State Education Department, page 384, by adding after line 41 of the left column:

/Provided, Further, That the Department of Youth Services and the Department of Corrections school districts must be allocated funds under this program in accordance with criteria established for all school districts./

Amend further, PART I, SECTION 30--State Education Department, page 384, right column, by striking on line 17 /$1,312/ and inserting /$1,302/; by striking on line 18 /5.8/ and inserting /5/; and by striking on line 22 /6.66/ and inserting /5.86/.

Amend further, PART I, SECTION 30--State Education Department, page 388, by striking on lines 12 and 33 of the left column /11.66%/ and inserting /12.45%/.

Amend further, PART I, SECTION 30, page 390, right column, by striking the provisos beginning on line 21 and ending on line 36 and inserting the proviso as passed by the Senate which begins on line 1 and ends on line 15, left column, page 374 of the Senate-passed version and by striking /$5,000/ on line 5 of the inserted lines and inserting /$3,000/.

Amend further, PART I, SECTION 30--State Education Department, page 391, by adding at the end of the section:

/Provided, Further, That any unexpended balance of the funds appropriated for the Basic Skills Assessment Program in FY 85-86 may be carried forward to be expended for the same purpose in FY 86-87.

Provided, Further, That no school district which received state funding for early childhood development education programs in 1985-86 and which continues to meet State Board of Education standards in effect in 1983-84 shall receive less funding for that purpose until the State Plan on Early Childhood Development and Education Program is developed and implemented and that during 1986-87 a percentage increase equal to that granted to school teachers shall be provided for these programs.

Provided, Further, That $230,377 of funds appropriated for Basic Skills Monitoring under item X.B. Improving Basic Skills must be used only for the purposes of providing staff to the Basic Skills Section of the State Department of Education to monitor the implementation of the Basic Skills Assessment Act of 1978 and the Education Improvement Act of 1984, as required by Act 631 of 1978, in a minimum of thirty school districts each year. The staff of the State Department of Education and the Basic Skills Section shall develop its plans and procedures for monitoring the Basic Skills Assessment Program and the Education Improvement Act with the advice of the Basic Skills Advisory Commission. The staff shall provide the Basic Skills Advisory Commission with the findings and results of the monitoring program.

Provided, Further, That the State Board shall develop appropriate criteria for the incentive grant fund program to determine eligibility for vocational schools. Provided, Further, That no school, vocational school, or school district eligible for incentive grant funds unless the achievement gain criterion is met.

Provided, Further, That to assure continuing accountability from the funds expended for the Education Improvement Act of 1984, the Division of Public Accountability within the Department of Education shall continue to function so as to report to the Governor, the Select Committee, the Joint Subcommittee, and the State Board of Education and respond to any inquiries for information. It is the intent of the General Assembly that the Division of Public Accountability shall plan, monitor, and review programs developed under the Education Improvement Act of 1984 through the 1989-90 academic year.

Provided, Further, That $75,000 of the funds, appropriated under X.C.4. STUDENT LOANS, line 23, page 358, may be utilized by South Carolina State College to attract minority students to the teaching profession. The Commission on Higher Education shall monitor the use of the funds and report to the Senate and the House Education Committees on the effectiveness of the recruitment program.

Provided, Further, That the Select Committee To Oversee Implementation of the Education Improvement Act shall study the waiver provision authorized in Section 12-35-1557 of the 1976 Code and shall report to the General Assembly any recommended changes to the section no later than January 31, 1987./

Amend further, PART I, SECTION 33, page 405, left column, by striking the proviso beginning on line 12.

Amend further, PART I, SECTION 33--Vocational Rehabilitation, page 405, by adding at the end:

/Provided, Further, That to maximize utilization of federal funding and prevent the loss of such funding to other states in the Basic Service Program, the State Agency of Vocational Rehabilitation be allowed to budget reallotment and other funds received in excess of original projections in following State fiscal years./

Amend further, PART I, SECTION 34--School for the Deaf and the Blind, page 411, by adding at the end:

/Provided, Further, That all revenues generated from cafeteria operations may be retained and expended by the institution for the purpose of covering actual expenses in cafeteria operations./

Amend further, PART I, SECTION 35--Department of Archives and History, page 415, by adding at the end:

/Provided, Further, That fifty percent of the funds earned from the United States Department of the Interior by the South Carolina Department of Archives and History for administering the National Historic Preservation Program in this State, with the exception of the appropriate amount of indirect cost reimbursement to the General Fund, must be deposited in a special account in the state treasury, to be used by this department for a Historic Preservation Grants Program that will assist historic properties throughout South Carolina./

Amend further, PART I, SECTION 39, State Museum Commission, page 427, by adding at the end the provisos of SECTION 39 as passed by the Senate, page 408, left-hand column, beginning on line 8 and ending on line 17 of the right column.

Amend further, PART I, SECTION 40, State Health and Human Services Finance Commission, page 437, right-hand column, beginning on line 29, by striking the proviso and inserting the proviso as passed by the Senate in SECTION 40, page 417, right-hand column, beginning on line 39.

Amend further, PART I, SECTION 40, State Health and Human Services Finance Commission, page 437, right-hand column, beginning on line 39, by striking the proviso and inserting the proviso as passed by the Senate in SECTION 40, page 418, left-hand column, beginning on line 3 and on line 10 of the inserted lines, by striking /one-half/ and inserting /one-quarter/.

Amend further, PART I, SECTION 40, State Health and Human Services Finance Commission, page 438, left column, line 14 by striking /$2.3/ and inserting /$1.41/.

Amend further, PART I, SECTION 40, State Health and Human Services Finance Commission, page 438, left-hand column, by deleting the proviso beginning on line 22.

Amend further, PART I, SECTION 40, State Health and Human Services Finance Commission, page 438, by adding at the end the proviso as passed by the Senate in SECTION 40, page 418, left-hand column, beginning on line 30 and the provisos as passed by the Senate in SECTION 40, page 418, right-hand column, beginning on lines 8, 15, 19, 23, 27, and 36.

Amend further, PART I, SECTION 41, page 470, right column, by striking the proviso beginning on line 37 and inserting the proviso from the Senate version, page 449, left column, beginning on line 31, with the following change on line 37 of the inserted material: strike /55/ and insert /45/ and strike /45/ and insert /55/.

Amend further, PART I, SECTION 41, Department of Health and Environmental Control, page 470, left-hand column, by striking the proviso beginning on line 1 and inserting the proviso as passed by the Senate in SECTION 41, page 448, left-hand column, beginning on line 39.

Amend further, PART I, SECTION 41, Department of Health and Environmental Control, page 471, by adding at the end the provisos as passed by the Senate in SECTION 41 beginning on line 31 of the left-hand column of page 450 and lines 11, 19, and 24 of the right-hand column of page 450.

Amend further, PART I, SECTION 42, Department of Mental Health, page 504, by adding at the end the proviso as passed by the Senate in SECTION 42, page 485, right-hand column, beginning on line 29.

Amend further, PART I, SECTION 43, Department of Mental Retardation, page 510, by striking the proviso in the left-hand column beginning on line 36 and inserting the proviso as passed by the Senate in SECTION 43, page 492, left-hand column, beginning on line 12.

Amend further, PART I, SECTION 43, Department of Mental Retardation, page 510, right-hand column, by striking the proviso beginning on line 38 and inserting the proviso as passed by the Senate in SECTION 43, page 492, right-hand column, beginning on line 4.

Amend further, PART I, SECTION 44, page 516, left column, by striking the proviso beginning on line 9 and inserting the proviso as passed by the Senate in SECTION 44, PART I, page 496, right column, beginning on line 41.

Amend further, PART I, SECTION 45, Department of Social Services, page 532, left-hand column, by striking the proviso beginning on line 2 and inserting the proviso as passed by the Senate in SECTION 45, page 512, left-hand column, beginning on line 11.

Amend further, PART I, SECTION 45, Department of Social Services, page 532, left-hand column, by striking the proviso beginning on line 11 and inserting the proviso as passed by the Senate in SECTION 45, page 512, left-hand column, beginning on line 19.

Amend further, PART I, SECTION 45, Department of Social Services, page 532, right-hand column, by deleting the proviso beginning on line 12.

Amend further, PART I, SECTION 45, Department of Social Services, page 533, left-hand column, by adding at the end the proviso as passed by the Senate in SECTION 45, page 512, right-hand column, beginning on line 35.

Amend further, PART I, SECTION 45, Department of Social Services, page 533, left-hand column, by deleting the provisos beginning on lines 13 and 21.

Amend further, PART I, SECTION 45, page 533, left column, line 30, by striking /$1,750,000/ and inserting /$1,500,000/.

Amend further, PART I, SECTION 45, Department of Social Services, page 533, left-hand column, by adding at the end the provisos as passed by the Senate in SECTION 45, page 513, right-hand column, beginning on lines 6 and 16.

Amend further, PART I, SECTION 46, John de la Howe School, page 538, left-hand column, by striking the proviso beginning on line 24 and inserting the proviso as passed by the Senate in SECTION 46, page 518, right-hand column, beginning on line 3.

Amend further, in PART I, SECTION 57, Department of Youth Services, page 579, right-hand side of the page, by striking the proviso on lines 17-21.

Amend further, in PART I, SECTION 57, Department of Youth Services, page 579, right-hand side of the page, by inserting at the end the SECTION 57 proviso on page 558, right-hand side of the page, lines 14-17, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 61, State Land Resources Conservation Commission, page 599, left-hand side of the page, by inserting at the end the SECTION 61 proviso beginning at line 5, left-hand side of page 577 and concluding at line 4, right-hand side of page 577 of the bill as passed by the Senate.

Amend further, in PART I, SECTION 62, State Forestry Commission, page 604, left-hand side of the page, by inserting at the end the SECTION 62 proviso on page 582, right-hand side of the page, lines 7-12, of the bill as passed by the Senate.

Amend further, PART I, SECTION 64, page 612, by adding at the end the proviso as passed by the Senate in SECTION 64, PART I, page 590, left column, beginning on line 6.

Amend further, PART I, SECTION 65, page 622, by striking the proviso beginning on line 27 of the left column.

Amend further, PART I, SECTION 68, page 635, by adding at the end the proviso as passed by the Senate in SECTION 68, PART I, page 613, left column, beginning on line 1.

Amend further, PART I, SECTION 70, page 645, by striking the proviso beginning on line 32, left column, and inserting the proviso from the Senate version, SECTION 70, page 623, left column, beginning on line 5.

Amend further, in PART I, SECTION 70, Department of Parks, Recreation and Tourism, page 645, left-hand side of the page, by inserting at the end the SECTION 70 proviso on page 623, right-hand side of the page, lines 3-7, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 71, State Development Board, p. 648, beginning at line 22, left-hand side of the page, by inserting both of the SECTION 71 provisos beginning at line 1, left-hand side of page 630 and concluding at line 4, right-hand side of p. 630 of the bill as passed by the Senate.

Amend further, in PART I, SECTION 79, State Workers' Compensation Fund, p. 671, left-hand side of the page, by inserting at the end the SECTION 79 proviso on p. 652, right-hand side of the page, lines 8-16, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 81, page 676, by striking the proviso beginning on line 24 and inserting the proviso from SECTION 81, PART I of the Senate-passed version, page 658, left column, beginning on line 6.

Amend further, in PART I, SECTION 83, Department of Consumer Affairs, p. 682, beginning at line 30, left-hand side of the page, by inserting both of the SECTION 83 provisos beginning at line 32, left-hand side of p. 664 and concluding at line 37, right-hand side of p. 664 of the bill as passed by the Senate.

Amend further, in PART I, SECTION 86, State Tax Commission, p. 698, right-hand side of the page, by striking lines 31-40, and p. 699, left-hand side of the page, by striking lines 1-19, and inserting the SECTION 86 proviso on p. 679, right-hand side of the page, lines 33-42, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 120, Aeronautics Commission, p. 749, left-hand column, by inserting at the end the four SECTION 120 provisos on p. 727, right-hand column, lines 6-22, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 123, page 754, by adding at the end the proviso from SECTION 123, PART I of the Senate-passed version, page 732, left column, beginning on line 12.

Amend further, in PART I, SECTION 125--Aid to Subdivisions, page 760, left column, by striking the proviso beginning on line 10 and inserting the SECTION 125 proviso beginning on line 34, left column, beginning on page 738, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 125--Aid to Subdivisions, page 761, left column, after line 23, by inserting the SECTION 125 proviso beginning on line 34, right column, beginning on page 739, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 125--Aid to Subdivisions, page 761, right column, by striking the proviso beginning on line 2 and inserting the SECTION 125 proviso beginning on line 8, right column, page 740, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 125--Aid to Subdivisions, page 761, at the end of the section, by inserting the SECTION 125 proviso beginning on line 13, right column, page 740, of the bill as passed by the Senate.

Amend further, in PART I, SECTION 126, page 773, left column, by striking the provisos beginning on line 45 and ending in the right column on line 13 and inserting:

/Provided, Further, That notwithstanding the provisions of Section 12-27-400 of the 1976 Code, that no new programming of "C" funds may be made without the approval of ninety percent of the members of the legislative delegation of the county in which expenditures are to be made until the adoption of legislation establishing procedures for the programming of "C" funds.

Provided, Further, That any changes made by the district highway commissioner to the approved plan of "C" fund expenditures requires the approval of ninety percent of the legislative delegation of the county in which the changes are to be made./

Amend further, as and if amended, PART I, SECTION 126, page 772, by striking the proviso which begins on line 22 in the left-hand column.

Amend further, as and if amended, PART I, SECTION 126, page 774, by adding after line 8 in the right-hand column the provisos as passed by the Senate which begin on line 15 of page 753 in the left-hand column and end on line 19 of the right-hand column of the Senate passed version.

Amend further, PART I, SECTION 126, page 774, right column, by striking the proviso beginning on line 9.

Amend further, as and if amended, PART I, SECTION 130, page 783, by deleting item (3) of SECTION 130 in its entirety.

Amend further, as and if amended, PART I, SECTION 138, page 785, by inserting on line 21 in the right-hand column immediately after /Camp Burnt Gin;/ the following:

/Assistant Director of Residence Life and a student counselor at Lander College;/.

Amend further, as and if amended, PART I, SECTION 140, item I., by inserting immediately after /Employment Security Commission/ as contained on line 13 of page 787 in the right-hand column the following:

/, Public Service Commission, and Industrial Commission/.

Amend further, as and if amended, PART I, SECTION 144, which begins on page 788 by striking the section and inserting the Senate version of SECTION 144 which begins on page 759 of the Senate-passed version.

Amend further, as and if amended, PART I, SECTION 145, which begins on page 789 by striking the section and inserting the Senate version of SECTION 145 as contained on page 760 of the Senate-passed version in the left-hand column.

Amend further, as and if amended, PART I, SECTION 152, by striking /unanimous/ as contained on lines 41 and 44 on page 790 in the left-hand column and inserting /majority/.

Amend further, as and if amended, PART I, SECTION 152, by inserting immediately after subitem (c) which begins on line 19 of page 791 in the left-hand column subitem (d) which begins on line 34 in the left-hand column of page 762 of the Senate-passed version.

Amend further, as and if amended, PART I, SECTION 169, as contained on page 793 by inserting at the end of SECTION 169 the last two paragraphs of SECTION 169 of the Senate-passed version which begins on page 764 of the Senate-passed version in the right-hand column.

Amend further, as and if amended, PART I, SECTION 171, page 793, by striking the section and inserting:

/Section 171. State agency annual reports and reports to the General Assembly may not be printed in a multi-color format./

Amend further, as and if amended, PART I, SECTION 172, which begins on page 793 by striking SECTION 172 in its entirety.

Amend further, as and if amended, PART I, SECTION 174, page 794, by striking the section and inserting:

/Section 174. Each agency having in its custody one or more aircraft shall maintain a continuing log on all flights, which shall be open for public inspection. Any and all aircraft owned or operated by agencies of the State government shall be used only for official business. The Aeronautics Commission and other agencies owning and operating aircraft may furnish transportation to the Governor, Constitutional Officers, members of the General Assembly, members of state boards, commissions, and agencies and their invites for official business only; provided, however, that no member of the General Assembly, no member of a state board, commission or committee, and no state official shall use any aircraft of the Aeronautics Commission unless the member or official files within forty-eight hours after the time of departure of the flight with the Aeronautics Commission a sworn statement certifying and describing the official nature of this trip; and provided, further, that no member of the General Assembly, no member of a state board, commission or committee, and no state official shall be furnished air transportation by a state agency other than the Aeronautics Commission unless such agency prepares and maintains in its files a sworn statement from an appropriate official of the agency certifying that the member's or state official's trip was in conjunction with the official business of the agency. Official business shall not include routine transportation to and from meetings of the General Assembly or committee meetings for which mileage is authorized.

All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent record of any agency. All passengers shall be listed on the flight log by their legal name; provided, however, that passengers flying with an appropriate official of SLED or the State Development Board whose confidentiality must, in the opinion of SLED or the Board, be protected shall be listed in writing on the flight log as "Confidential Passenger of SLED or State Development Board (strike one)" and the appropriate official of SLED or the Board shall certify to the agency operating the aircraft the necessity for such confidentiality.

Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976 Code and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall subject a violating member of a state board, commission or committee, or a state official to the applicable ethics procedure relating to them as provided by law.

The above provisions do not apply to aircraft of the Aeronautics Commission when used by the Medical University of South Carolina, nor to aircraft of the athletic department or the educational foundations of any state-supported institution of higher education.

Provided, further, that all agencies except SLED that retain aircraft under this section shall submit monthly reports and copies of logs to the Aeronautics Commission.

Provided, further, that aircraft owned by agencies of state government shall not be leased to individuals for their personal use./

Amend further, as and if amended, PART I, by adding a new section to PART I to be appropriately numbered which shall read:

/Section ____. The Joint Health Care Planning and Oversight Committee in cooperation with the Joint Legislative Committee on Aging shall review State nursing home regulations as they apply to patients with Alzheimer's Disease and related disorders and shall review State policies on the financing and reimbursements of the costs of health care, including respite care for patients with Alzheimer's Disease and related disorders, and shall identify policy changes which would improve the care of patients with Alzheimer's Disease and related disorders./

Amend the bill, as and if amended, in PART II, Permanent Provisions, by striking SECTION 3, page 795, and inserting SECTION 2, PART II, of the bill as passed by the Senate and renumbering the section to conform.

Amend further, PART II, page 796, by striking SECTION 5.

Amend further, PART II, SECTION 7, page 796, by striking the section and inserting SECTION 5, PART II, of the bill as passed by the Senate and renumbering the section to conform.

Amend further, PART II, page 796, by striking SECTION 8 in its entirety.

Amend further, PART II, page 796, by striking SECTION 9 in its entirety.

Amend further, PART II, page 797, by striking SECTION 11 in its entirety.

Amend further, PART II, SECTION 14, page 799, by striking the section and inserting SECTION 9, PART II, of the bill as passed by the Senate and renumbering the section to conform.

Amend further, PART II, SECTION 15, page 799, by striking the section and inserting SECTION 10, PART II, of the bill as passed by the Senate and renumbering the section to conform.

Amend further, PART II, SECTION 16, page 800, by striking the section and inserting:

TO AMEND SECTION 12-35-1557, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF SCHOOL DISTRICT BOARDS OF TRUSTEES OR ANY OTHER APPROPRIATE GOVERNING BODY AS TO PER PUPIL FINANCIAL EFFORT FOR NONCAPITAL PROGRAMS, SO AS TO CLARIFY WAIVER REQUIREMENTS.

Section 12-35-1557 of the 1976 Code, as amended by Section 61, PART II, of Act 201 of 1985, is further amended to read:

"Section 12-35-1557. Unless otherwise authorized or provided herein, school district boards of trustees or any other appropriate governing body of a school district shall maintain at least the level of per pupil financial effort established as provided in Fiscal Year 1983-84. Beginning 1985-86 local financial effort for noncapital programs must be adjusted for an inflation factor estimated by the Division of Research and Statistics.

Thereafter, school district boards of trustees or other governing bodies of school districts shall maintain at least the level of financial effort per pupil for noncapital programs as in the prior year adjusted for an inflation factor estimated by the Division of Research and Statistics. The county auditor shall establish a millage rate so that the level of financial effort per pupil for noncapital programs adjusted for an inflation factor estimated by the Division of Research and Statistics is maintained as a minimum effort. No school district which has not complied with this section shall receive funds hereunder. School district boards of trustees may apply for a waiver to the State Board of Education from the requirements of this section if (1) the district has experienced a loss in revenue because of reduction in assessed valuation of property or has had a significant increase in 135 average daily membership, (2) the district has experienced insignificant growth in revenue collections from the previous year. A school district is eligible for an annual renewal of the waiver provided the district meets one of the above criteria and meets the minimum effort requirement of the previous year and at least the minimum required effort of the Education Finance Act."/

Amend the bill, as and if amended, PART II, by striking SECTION 19 and inserting:

TO AMEND SECTION 13-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE BUDGET AND CONTROL BOARD, SO AS TO ADD A NEW ITEM TO IMPOSE SURCHARGES AND PENALTY SURCHARGES ON DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE FROM NONSITED REGIONS AND TO PROVIDE FOR THE MANNER OF COLLECTION OF FEES ON DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE FROM NON-SITED REGIONS OF THE UNITED STATES.

A.     Section 13-7-30 of the 1976 Code is amended by adding a new item to read:

"7(a) The State Budget and Control Board shall assess surcharges and penalty surcharges on non-sited waste received at the regional disposal facility. The surcharges are imposed to the maximum extent permitted by Section 5(d)(1) of Public Law 99-240 unless a lesser amount is authorized upon recommendation of the Budget and Control Board and upon approval of the General Assembly by Joint Resolution. The Department of Health and Environmental Control shall notify the operator whenever a generator is to be assessed a penalty surcharge or whenever the assessment of a penalty surcharge is to be terminated.

(b) For purposes of this item:

(1) "Sited region" means a Low-Level Radioactive Waste Compact region established under Public Law 96-573 in which there is located one of the following regional disposal facilities: Barnwell, in the State of South Carolina; Richland, in the State of Washington; or Beatty, in the State of Nevada.

(2) "Regional disposal facility" means the non-federal low-level radioactive waste disposal facility located in Barnwell County, South Carolina.

(3) "Surcharge" means the per cubic foot charge authorized by Section 5(d)(1) of Public Law 99-240.

(4) "Penalty surcharge" means the additional per cubic foot charge required by Section 5(e)(2) of Public Law 99-240.

(5) "Surcharge funds" mean those funds collected by the operator in payment for the surcharges and penalty surcharges assessed as provided herein.

(6) "Operator" means the person who operates the regional disposal facility.

(7) The definitions contained in Chapter 47 of Title 48 are applicable to this section.

(8) "Non-sited waste" means waste generated outside the sited regions, as provided in Section 5 of the Low-Level Radioactive Waste Policy Amendments Act of 1985, Public Law 99-240.

(c) On the fifteenth day of each month, the operator shall remit to the Budget and Control Board an amount equal to the per cubic foot surcharge for each cubic foot of non-sited waste received by the operator as of the first day of the preceding month. On the last day of each month, the operator shall remit to the Budget and Control Board an amount equal to the per cubic foot surcharge for each cubic foot of non-sited waste received by the operator as of the fifteenth day of the preceding month.

On the fifteenth and last day of each month, the operator shall report to the Department of Health and Environmental Control any generator who fails to reimburse the operator, within sixty days of receipt of the waste at the site, for the surcharge funds paid by the operator. Any generator who fails to pay the surcharge funds within such sixty-day period is denied access to the site. Access is reinstated upon satisfaction of the following conditions: (1) certification by the Department that all outstanding surcharges and penalty surcharges have been paid; and (2) prepayment of surcharges for all future deliveries to the site.

(d) The State Treasurer on a monthly basis shall remit to the United States Secretary of Energy twenty-five percent of the surcharge funds collected as required by Section 5(d)(2)(A) of Public Law 99-240 as the Treasurer in conjunction with the United States Department of Energy shall determine. No portion of any penalty surcharges may be remitted to the United States Secretary of Energy.

(e) Of the remaining balance from the surcharge after the allocation provided in subitem (d), together with all penalty surcharges, the Treasurer shall remit ten percent of such balance to the governing body of Barnwell County and all funds thereafter shall be deposited to the General Fund of the State.

(f) Upon enactment of this item, the State Treasurer shall transfer to the Secretary of Energy of the United States twenty-five percent of the ten dollars a cubic foot fee collected by the operator since March 1, 1986, pursuant to the direction of the State Budget and Control Board. The remaining portion of such fees previously collected must be deposited to the General Fund of the State.

(g) The Budget and Control Board and the operator shall furnish the Department of Health and Environmental Control with all necessary information required by the Department to monitor and enforce the compliance provisions of Public Law 99-240.

B. This section shall take effect upon approval by the Governor./

Amend further, PART II, by adding SECTION 14, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 15, PART II of the bill as passed by the Senate.

Amend further, PART II, by adding SECTION 17, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 18, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 19, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 20, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 21, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 22, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 23, PART II of the bill as passed by the Senate and renumbering the section to conform.

Amend further, PART II, by adding SECTION 24, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 25, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 26, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 27, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 28, PART II of the bill as passed by the Senate and renumbering the section to conform.

Amend further, PART II, by adding SECTION 29, PART II of the bill as passed by the Senate and renumbering the section to conform.

Amend further, PART II, by adding SECTION 30, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 31, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 32, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 34, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 35, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 37, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 39, PART II of the bill as passed by the Senate and renumbering the section to conform.

Amend further, PART II, by adding SECTION 40, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 41, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 42, PART II, of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 43, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 45, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 46, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding SECTION 48, PART II of the bill as passed by the Senate, and renumbering the section to conform.

Amend further, PART II, by adding a new section, appropriately numbered, to read:

TO AMEND SECTION 12-35-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERMS "SALE AT RETAIL" AND "RETAIL SALE", SO AS TO EXCLUDE FROM SUCH DEFINITION ALL SALES OF TANGIBLE PERSONAL PROPERTY AND COMPONENTS, TO MANUFACTURERS OR CONTRACTORS FOR USE IN PERFORMANCE OF A CONSTRUCTION CONTRACT, WHERE SUCH PROPERTY OR COMPONENTS ARE PROCESSED, FABRICATED, OR MANUFACTURED IN THE STATE AND TRANSPORTED TO, ASSEMBLED, INSTALLED, OR ERECTED AT JOB SITES OUTSIDE THE STATE AND THEREAFTER USED SOLELY OUTSIDE THE STATE; AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL SALES MADE ON OR AFTER JANUARY 1, 1983.

A. Section 12-35-110 of the 1976 Code, as last amended by Section 66A, PART II, of Act 512 of 1984, is further amended by inserting the following paragraph after the second paragraph of the section:

"There are specifically excluded from the definition of the terms "sale at retail" and "retail sale" all sales of tangible personal property, and components into which such property is incorporated, to a manufacturer or contractor for use in the performance of a construction contract, regardless of where such tangible personal property and components shall have been purchased, which property and components are processed, partially or completely fabricated, or manufactured in the State and transported to, assembled, installed, or erected at job sites outside the State and thereafter used solely outside the State."

B. The provisions of subsection A of this section shall apply to all sales made on or after January 1, 1983./

Amend the bill, as and if amended, in PART II, adding an appropriately numbered section to read:

TO AMEND ARTICLE 9, CHAPTER 9, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROJECTING AND FORECASTING STATE REVENUES AND EXPENDITURES BY ADDING SECTION 11-9-890, SO AS TO REQUIRE, BEGINNING AUGUST 15, 1986, THE BOARD OF ECONOMIC ADVISORS TO DELINEATE THE OFFICIAL FISCAL YEAR 1986-87 REVENUE ESTIMATES BY QUARTERS; AND TO PROVIDE THAT IF AT THE END OF THE FIRST OR SECOND QUARTERS OF ANY FISCAL YEAR QUARTERLY REVENUE COLLECTIONS ARE FOUR PERCENT OR MORE BELOW THE AMOUNT PROJECTED BY THE BOARD OF ECONOMIC ADVISORS, THE BUDGET AND CONTROL BOARD, WITHIN FIFTEEN DAYS OF THAT DETERMINATION, SHALL TAKE ACTION TO AVOID A YEAR-END DEFICIT.

Article 9, Chapter 9, Title 11, of the 1976 Code is amended by adding:

"Section 11-9-890. A. Beginning August 15, 1986, the Board of Economic Advisors shall delineate the official fiscal year 1986-87 revenue estimates by quarters. In all subsequent revenue estimates made under the provisions of Section 11-9-880, the Board of Economic Advisors shall incorporate quarterly revenue estimates within the annual revenue estimate.

B. If at the end of the first or second quarters of any fiscal year, quarterly revenue collections are four percent or more below the amount projected for that quarter by the Board of Economic Advisors, the Budget and Control Board, within fifteen days of that determination, shall take action to avoid a year-end deficit."/

Amend further, as and if amended, in Part II, by adding a new section appropriately numbered to read:

TO AMEND SECTION 11-11-310 OF THE 1976 CODE RELATING TO LIMITATIONS ON ANNUAL APPROPRIATIONS AND THE CAPITAL EXPENDITURE FUND SO AS TO REVISE THE AMOUNTS WHICH MUST BE APPROPRIATED EACH YEAR IN THE ANNUAL GENERAL APPROPRIATIONS ACT INTO THE CAPITAL EXPENDITURE FUND AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD IN MANDATING SPENDING CUTS TO MEET A PROJECTED DEFICIT DURING ANY FISCAL YEAR MUST FIRST REDUCE APPROPRIATIONS TO THE CAPITAL EXPENDITURE FUND FOR THAT YEAR BEFORE MANDATING ANY CUTS IN OPERATING APPROPRIATIONS.

The fourth and fifth paragraphs of Section 11-11-310 are deleted and the following inserted in lieu thereof:

"The General Assembly beginning with fiscal year 1985-86 in the annual General Appropriations Act shall appropriate into a Capital Expenditure Fund which is separate and distinct from the General Reserve Fund the following amounts:

1. For fiscal year 1985-86, the amount appropriated must be one-half of one percent of the general fund revenue estimate for that year;

2. For fiscal year 1986-87, the amount appropriated must be one percent of the general fund revenue estimate for that year;

3. For fiscal year 1987-88, the amount appropriated must be one and one-half percent of the general fund revenue estimate for that year;

4. For fiscal year 1988-89, the amount appropriated must be two percent of the general fund revenue estimate for that year;

5. For fiscal year 1989-90 and for each fiscal year thereafter, the amount appropriated must be two and one-half percent of the general fund revenue estimate for that year.

This appropriation must be contained in the Ways and Means Committee report on the General Appropriations bill, the General Appropriations bill at the time of third reading in the House of Representatives, the Senate Finance Committee report on the General Appropriations bill, the General Appropriations bill at the time of a third reading in the Senate, and in any conference report on the General Appropriations bill.

Revenues in this Capital Expenditure Fund may be appropriated by the General Assembly in separate legislation for the purpose of accelerating the retirement of state bonded indebtedness or for the purpose of avoiding the issuance of bonds for projects that are authorized but not issued. If the Board of Economic Advisors revenue forecast to the Budget and Control Board at any time during a fiscal year projects that revenues at the end of the fiscal year will be less than appropriated expenditures for that year, the Budget and Control Board in mandating reductions during the fiscal year to eliminate the projected deficit must first reduce to the extent necessary the current year's appropriation to the Capital Expenditure Fund prior to mandating any cuts in operating appropriations."/

Amend the bill, as and if amended, in PART III, page 802, by striking PART III and inserting PART III of the bill as passed by the Senate with the following change: Part III, page 806, left column, line 30, by striking /Hospital/ and inserting /Medical Clinic/.

Amend the bill, as and if amended, page 803, by striking PART IV.

Amend totals and title to conform.

Renumber/reletter to conform.

Make all necessary technical corrections.

James M. Waddell, Jr.             Tom G. Mangum
John C. Lindsay                   Larry Blanding
John W. Matthews, Jr.             Jennings G. McAbee
On Part of the Senate.              On Part of the House.

Rep. McABEE explained the Report.

Rep. TOAL spoke against the Report.

The SPEAKER Pro Tempore granted Rep. O. PHILLIPS a leave of absence for the remainder of the day.

Rep. TOAL continued speaking.

On motion of Rep. J. ARTHUR the House receded for 3 minutes.

At 4:30 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

Rep. P. BRADLEY inquired as to the options of the House in regard to the report of the Committee of Free Conference, as the report had been signed by the conferees prior to adoption by the House.

The SPEAKER Pro Tempore stated the report may be adopted, rejected or the House may reconsider the vote whereby free conference powers were granted.

Rep. J. ARTHUR inquired whether the granting of free conference powers had been clinched.

The SPEAKER Pro Tempore replied in the negative.

Rep. WHITE moved to reconsider the vote whereby the House granted Free Conference Powers on the General Appropriations Bill.

Rep. BLACKWELL inquired whether the motion was proper while Rep. TOAL had the floor.

Rep. McTEER raised the Point of Order that the motion could not be taken up for consideration, but must be noted, and that it would not be in order until disposition of the pending question, which was the adoption of the Free Conference Report.

Rep. FELDER argued that the motion would be up for consideration when Rep. TOAL gave up the floor, as it was a procedural motion, which, if adopted, would render the pending question moot.

Rep. SHEHEEN argued that, in accordance with Rule 8.5, the motion must be noted, and would be up for consideration after the disposition of the pending question, the adoption of the Free Conference Report.

The SPEAKER Pro Tempore sustained the Point of Order and ordered the motion noted.

Rep. SCHWARTZ spoke in favor of the Conference Report.

Rep. MANGUM spoke in favor of the Report.

The question then recurred to the adoption of the Free Conference Report.

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, K.             Barfield
Bennett                Blanding               Boan
Brown, H.              Brown, J.              Brown, R.
Burriss, M.D.          Burriss, T.M.          Carnell
Cooper                 Cork                   Dangerfield
Edwards                Elliott                Felder
Ferguson               Foster                 Freeman
Gentry                 Gregory                Harris, J.
Harris, P.             Harvin                 Hawkins
Hayes                  Hearn                  Helmly
Hendricks, B.          Huff                   Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Lake
Lewis                  Lockemy                Mangum
Martin, D.             Martin, L.             McAbee
McEachin               McKay                  McLellan
McLeod                 McTeer                 Mitchell
Nettles                Ogburn                 Pearce
Rhoad                  Russell                Sheheen
Short                  Simpson                Snow
Stoddard               Thrailkill             Townsend
Tucker                 Waldrop                Wilkins
Williams

Those who voted in the negative are:

Aydlette               Beasley                Blackwell
Bradley, P.            Brett                  Burriss, J.H.
Chamblee               Cleveland              Davenport
Day                    Derrick                Fair
Foxworth               Gilbert                Johnson, J.C.
Koon                   Limehouse              Mattos
McBride                Moss                   Neilson
Petty                  Rawl                   Rice
Rogers, T.             Sharpe                 Shelton
Sturkie                Toal                   Washington
White                  Winstead               Woodruff

So, the Report was adopted and a message was ordered sent to the Senate accordingly.

The roll call is in error. I did not vote for the Free Conference Report on the Appropriation Bill.
REP. JARVIS R. KLAPMAN

The following was received.
Columbia, S.C., June 5, 1986

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:45 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

No. 108

On motion of Rep. SHEHEEN the invitation was accepted.

The following was received.
Columbia, S.C., June 5, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Branton and Matthews of the Committee of Conference on the part of the Senate on H. 3929:

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.
Very respectfully,
President

No. 107

Received as information.

The following was received.
Columbia, S.C., June 5, 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 S. 733 and the report having been adopted by both Houses:

S. 733 -- Senators Saleeby, Martin, Land, McLeod and Holland: A BILL TO ESTABLISH THE MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING-IMMUNITY ACT, TO PROVIDE FOR THE EXCHANGE OF INFORMATION RELATING TO MOTOR VEHICLE THEFT OR MOTOR VEHICLE INSURANCE FRAUD BETWEEN AUTHORIZED GOVERNMENTAL AGENCIES AND INSURERS, TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR THE EXCHANGES, TO PROVIDE FOR CONFIDENTIALITY, AND TO PROVIDE A PENALTY.
has ordered the bill enrolled for ratification.

Very respectfully,
President

No. 103

Received as information.

The following was received.
Columbia, S.C., June 5, 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. 3550:

H. 3550 -- (General Appropriation Bill)
Very respectfully,
President

No. 110

Received as information.

The Senate returned to the House with amendments the following:

H. 3706 -- Reps. Keyserling, Sheheen, Huff and Freeman: A BILL TO ADOPT THE FEDERAL LOW-LEVEL RADIOACTIVE WASTE POLICY AMENDMENTS ACT OF 1985 IN ORDER TO EFFECTUATE THE STATE'S RESPONSIBILITY FOR MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.

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. LIMEHOUSE moved to reconsider the vote whereby the Conference Report on H. 2002 was adopted and the motion was noted.

Rep. BLANDING moved that the Ways and Means Committee Staff be allowed to make any technical changes, if necessary, to H. 3550, The General Appropriations Bill, which was agreed to.

At 4:45 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R582) S. 1073 -- Fish, Game and Forestry Committee: AN ACT 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 DEFINE "ANCHORED", TO INCREASE THE SIZE OF BUOYS USED TO MARK THEIR LOCATIONS FROM TEN INCHES IN DIAMETER TO TWENTY INCHES IN DIAMETER, AND TO PROVIDE THAT POSSESSION OF FRESHLY CAUGHT SHAD BY ANY FISHERMAN DURING THE CLOSED SEASON IS PRIMA FACIE EVIDENCE OF A VIOLATION.

(R583) S. 1315 -- Senators Horace C. Smith, E. Patterson and Lee: AN ACT 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.

(R584) S. 1078 -- Fish, Game and Forestry Committee: AN ACT 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 OF LEGAL SIZE CAUGHT DURING OPEN SEASON IN LICENSED SHAD NETS TO BE RETURNED TO THE WATER.

(R585) S. 1075 -- Fish, Game and Forestry Committee: AN ACT 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 FROM JUNE FIRST TO SEPTEMBER FIRST OF EACH YEAR ON RED DRUM.

(R586) S. 906 -- Senator Waddell: AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 SO AS TO CREATE THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS, TO DEFINE ITS POWERS AND DUTIES, TO REGULATE THE PRACTICE OF GEOLOGY, AND TO PROVIDE PENALTIES.

(R587) S. 1331 -- Senator Lourie: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SMITH TIMBER, INC., AND HARDEEVILLE BUSINESS DEVELOPMENT CORPORATION, AND THE DIRECTORS OF A CORPORATION BEARING CORPORATE CHARTER NO. 18122 SHALL ACT AS LIQUIDATING TRUSTEES OF SUCH CORPORATION.

(R588) H. 3952 -- Reps. Felder, Mitchell, Bennett and K. Bailey: AN ACT TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 123 OF 1985, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE THAT ORANGEBURG COUNTY SHALL HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE ORANGEBURG COUNTY GOVERNING BODY.

(R589) H. 3967 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BUDGET AND CONTROL BOARD, RELATING TO PERMITS TO CONSTRUCT ON NAVIGABLE WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 699, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

(R590) H. 3547 -- Reps. Pearce, Altman, Thrailkill, Elliott and Barfield: AN ACT TO AMEND SECTION 50-17-1650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF TRAWL NETS IN CERTAIN WATERS ADJACENT TO GAME ZONE NO. 7 AND NO. 9, SO AS TO, AMONG OTHER THINGS, EXTEND THE TIME DURING WHICH TRAWL NETS MAY BE USED IN ANY WATERS OF THE ATLANTIC OCEAN ADJACENT TO GEORGETOWN COUNTY, AND PROVIDE PENALTIES, INCLUDING PROVISIONS FOR SEIZURE, SALE, AND REDEMPTION; AND TO REPEAL SECTIONS 50-17-1680, RELATING TO THE PROVISIONS THAT ONLY A DULY LICENSED PERSON MAY SELL OR DISPOSE OF SHRIMP CAUGHT IN WATERS OFF GAME ZONE NO. 7 AND NO. 9, AND 50-17-1700, RELATING TO PENALTIES FOR VIOLATING SPECIAL PROVISIONS PERTAINING TO GAME ZONE NOS. 7 AND 9.

(R591) H. 3958 -- Rep. Lockemy: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1986, AND ENDING JUNE 30, 1987, AND TO AUTHORIZE AND DIRECT THE COUNTY BOARD OF EDUCATION IN CONJUNCTION WITH THE SUPERINTENDENT OF EDUCATION TO KEEP RECORDS OF ALL RECEIPTS AND DISBURSEMENTS OF FUNDS RECEIVED FROM ANY SOURCE, AND SUBMIT A REPORT TO THE DILLON COUNTY LEGISLATIVE DELEGATION BY APRIL FIRST OF EACH YEAR.

(R592) H. 3697 -- Richland County Delegation: AN ACT TO AMEND ACT 69 OF 1963, RELATING TO THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO REVISE THE MANNER IN WHICH MEMBERS OF THE COMMISSION ARE APPOINTED.

(R593) H. 3698 -- Richland County Delegation: AN ACT TO AMEND ACT 366 OF 1965, RELATING TO THE COLUMBIA MUSIC FESTIVAL ASSOCIATION, SO AS TO REVISE THE MANNER IN WHICH THE MEMBERS OF THE ASSOCIATION ARE APPOINTED.

(R594) H. 3961 -- Reps. R. Brown and McLeod: AN ACT 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; AND TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 IN MARION COUNTY TO BORROW NOT EXCEEDING TWO HUNDRED 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.

Rep. TOAL moved that the House resolve itself into a Committee of the Whole, which was agreed to.

The SPEAKER Pro Tempore appointed Rep. WINSTEAD Chairman of the Committee.

At 4:59 P.M., the Committee arose.

At 5:00 P.M. the House resumed, the SPEAKER in the Chair.

Rep. TOAL, from the Committee on Rules, submitted a favorable report, with amendments, on:

S. 1376 -- Senators Williams, Moore, Nell W. Smith, Courson and Fielding: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY CONVENES ON THURSDAY, JUNE 5, 1986, IT IS AUTHORIZED TO GO BEYOND THE 5:00 P.M. ADJOURNMENT HOUR, THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON JUNE 5, 1986, IT SHALL STAND ADJOURNED TO MEET ON JUNE 10, 11, 12, 16, 17, AND 18, 1986, FOR CERTAIN LOCAL UNCONTESTED MATTERS AND RESOLUTIONS, THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON JUNE 18, 1986, IT SHALL STAND ADJOURNED TO MEET IN REGULAR SESSION ON THURSDAY, JUNE 19, 1986, FOR THE CONSIDERATION OF CERTAIN MATTERS, AND THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, JUNE 19, 1986, NO LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED SINE DIE.

On motion of Rep. TOAL, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

S. 1376 -- Senators Williams, Moore, Nell W. Smith, Courson and Fielding: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY CONVENES ON THURSDAY, JUNE 5, 1986, IT IS AUTHORIZED TO GO BEYOND THE 5:00 P.M. ADJOURNMENT HOUR, THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON JUNE 5, 1986, IT SHALL STAND ADJOURNED TO MEET ON JUNE 10, 11, 12, 16, 17, AND 18, 1986, FOR CERTAIN LOCAL UNCONTESTED MATTERS AND RESOLUTIONS, THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON JUNE 18, 1986, IT SHALL STAND ADJOURNED TO MEET IN REGULAR SESSION ON THURSDAY, JUNE 19, 1986, FOR THE CONSIDERATION OF CERTAIN MATTERS, AND THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, JUNE 19, 1986, NO LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED SINE DIE.

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

That when the General Assembly convenes on Thursday, June 5, 1986, it is authorized, by this resolution, to go beyond the 5:00 P.M. adjournment hour. When the General Assembly adjourns on Thursday, June 5, 1986, it shall stand adjourned to meet at 10:00 A.M. on June 10, 11, 12, 16, 17, and 18, 1986, for consideration of local uncontested matters only, which have the unanimous consent of the members of the delegation affected by the legislation, and for consideration of resolutions expressing sympathy or congratulations.

That when the General Assembly adjourns on June 18, 1986, it shall stand adjourned to meet in regular session at 10:00 A.M. on Thursday, June 19, 1986, for the consideration of:

1.     third reading of bills and resolutions up for third reading consideration

2.     gubernatorial vetoes

3.     receipt and confirmation of appointments

4.     consideration of conference and free conference reports

5.     consideration of regulations

6.     ratification of acts

7.     the concurrence or non-concurrence on any legislative matters received from the other House

8.     resolutions expressing sympathy or congratulations

9.     resolutions affecting sine die adjournment

That when the General Assembly adjourns on Thursday, June 19, 1986, no later than 5:00 P.M., it shall stand adjourned sine die.

Rules Committee proposed the following Amendment No. 1 (Doc. No. 5224R), which was adopted.

Amend the resolution, as and if amended, by striking all after the resolving words and inserting:

/That when the General Assembly adjourns on Thursday, June 5, 1986, no later than 5:00 P.M., it shall stand adjourned to meet at 10:00 A.M. on June 10, 11, 12, 16, 17, and 18, 1986, for consideration of local uncontested matters only, which have the unanimous consent of the members of the delegation affected by the legislation, and for consideration of resolutions expressing sympathy or congratulations.

That when the General Assembly adjourns on June 18, 1986, it shall stand adjourned to meet in statewide session at 10:00 A.M. on Thursday, June 19, 1986, for the consideration of:

1.     gubernatorial vetoes

2.     receipt and confirmation of appointments

3.     consideration of the conference report on H. 2002

4.     ratification of local acts and H. 2002 if enacted

5.     resolutions expressing sympathy or congratulations

That when the General Assembly adjourns on Thursday, June 19, 1986, no later than 5:00 P.M., it shall stand adjourned sine die./

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. T.M. BURRISS, R. BROWN, FELDER, CARNELL and LIMEHOUSE proposed the following Amendment No. 2 (Doc. No. 5225R), which was adopted.

Amend the amendment of the Rules Committee (Doc. No. 5224R), as and if amended, by striking item 4. as contained on page 2 and inserting:

/4.     ratification of local acts and H. 2002 and H. 3301 if enacted/.

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. T.M. BURRISS and FELDER proposed the following Amendment No. 3 (Doc. No. 5226R), which was tabled.

Amend the amendment of the Rules Committee (Doc. No. 5224R), as and if amended, by striking item 4. as contained on page 2 and inserting:

/4.     ratification of acts/.

Amend title to conform.

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

The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.

The Senate returned to the House with amendments the following:

H. 3763 -- Rep. Hawkins: A BILL TO AMEND SECTION 40-15-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO ALLOW LICENSED DENTAL HYGIENISTS AND CERTIFIED DENTAL ASSISTANTS EMPLOYED WITHIN THE PUBLIC HEALTH SYSTEM TO PERFORM DUTIES WITHOUT THE STATE DIRECTOR OF PUBLIC HEALTH DENTISTRY BEING PRESENT.

The 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 introduced:

H. 4010 -- Reps. Schwartz, Cooper and Lockemy: A HOUSE RESOLUTION TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONDUCT AN INQUIRY INTO THE CONDUCT OF THE DIVISION RESPONSIBLE FOR THE RECERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS AND DIRECTING THIS AGENCY TO REQUIRE ITS AGENTS AND EMPLOYEES TO BETTER SERVE THE PUBLIC IN THE FUTURE AND NOT TO PLACE OBSTRUCTIONS TO CITIZENS IN THE RECERTIFICATION PROCESS INVOLVING EMERGENCY MEDICAL TECHNICIANS.

Whereas, information has come to the House of Representatives that certain Department of Health and Environmental Control employees have been rude, discourteous, and unusually obstructive to citizens in this State in their attempts to seek recertification of their Emergency Medical Technician certificates; and

Whereas, this House finds that the Department of Health and Environmental Control is a public agency with the duty to serve the public and not abuse the general populace; and

Whereas, complaints have been received by a number of members of this body indicating the truth of allegations of their inappropriate activity. Now, therefore,

Be it resolved by the House of Representatives:

That it calls on the Department of Health and Environmental Control to conduct an inquiry into the activities of the division responsible for recertification of Emergency Medical Technicians to determine whether or not certain of its agents and employees have acted in a rude, discourteous, and unusually obstructive manner in carrying out their duties and further direct this public agency, to instruct its agents and employees to better serve the public in the future and not place obstructions to citizens in the recertification process.

Be it further resolved that a copy of this resolution be forwarded to the Department of Health and Environmental Control.

The following was received.

The General Assembly, Columbia, S.C., June 5, 1986
The COMMITTEE OF CONFERENCE, to whom was referred H. 3929:

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.
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:

/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 3. This act shall take effect upon approval by the Governor./

Amend title to conform.

John Matthews                     Fred Day
William Branton                   Thomas Limehouse
On Part of the Senate             George Bailey
                                    On Part of the House

The Report was adopted and a message was ordered sent to the Senate accordingly.

The following was received.

The General Assembly, Columbia, S.C., June 5, 1986

The COMMITTEE OF CONFERENCE, to whom was referred S. 1327:

S. 1327 -- Senators Branton and Matthews: A BILL TO PROVIDE FOR TWO ADDITIONAL MAGISTRATES IN DORCHESTER COUNTY.
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:

/SECTION 1. In addition to the number of magistrates authorized by law for Dorchester County, there are authorized two additional magistrates for the Summerville magisterial district, whose jurisdiction is countywide and who shall serve for terms of four years and until their successors are appointed and qualify. They must be available during the periods established by the chief magistrate of the county, take the oath of office taken by other magistrates in the county, and receive compensation as may be set by the governing body of the county.

SECTION 2. This act shall take effect upon approval by the Governor./

Amend title to conform.

John Matthews                     Fred Day
William Branton                   Thomas Limehouse
On Part of the Senate             George Bailey
                                  On Part of the House

The report was adopted and a message was ordered sent to the Senate accordingly.

On motion of Rep. G. BAILEY, with unanimous consent, the following Bill was introduced, read the first time, and ordered placed on the Calendar without reference:

H. 4011 -- Reps. G. Bailey and Day: A BILL TO PROVIDE FOR THE CONSOLIDATION OF DORCHESTER COUNTY SCHOOL DISTRICT NO. ONE AND DORCHESTER COUNTY SCHOOL DISTRICT NO. THREE INTO A SINGLE SCHOOL DISTRICT TO BE KNOWN AS DORCHESTER COUNTY SCHOOL DISTRICT NO. FOUR.

Without reference.

On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 4011 be read the second and third times the next two successive legislative days.

On motion of Rep. McTEER, with unanimous consent, the following Joint Resolution was introduced, read the first time, and ordered placed on the Calendar without reference:

H. 4012 -- Rep. McTeer: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA NATIONAL GUARD TO ALLOW THE TOWN OF HAMPTON TO CONSTRUCT A WATER TANK ON THE PROPERTY WHERE THE HAMPTON NATIONAL GUARD IS LOCATED.

Without reference.

On motion of Rep. McTEER, with unanimous consent, it was ordered that H. 4012 be read the second and third times the next two successive legislative days.

The following was received.
Columbia, S.C., June 5, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the report of the Committee of Free Conference on H. 3550 having been adopted by both Houses:

H. 3550 -- Ways and Means Committee (General Appropriation Bill)
has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 111

Received as information.

The following was received.
Columbia, S. C., June 5, 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. 2767:

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.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 109

Received as information.

The following was received.
Columbia, S.C., June 5, 1986

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber immediately for the purpose of Ratifying Acts.

Very respectfully,
President

No. 113

On motion of Rep. B.L. HENDRICKS the invitation was accepted.

At 5:20 P.M., the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.

(R595) S. 1090 -- Senator Lourie: AN ACT TO AMEND SECTION 58-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT THE AUTHORITIES ARE EXEMPT FROM PROVISIONS GOVERNING SPECIAL PURPOSE DISTRICTS AND TO REDEFINE "PUBLIC TRANSPORTATION"; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO REGIONAL TRANSPORTATION AUTHORITY BONDS, SO AS TO PROVIDE FOR BOARD REPRESENTATION BASED ON A COUNTY'S FINANCIAL CONTRIBUTION; AND TO AMEND ACT 169 OF 1985, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO CLARIFY BUDGET PROCEDURES FOR AUTHORITIES IN EXISTENCE PRIOR TO JULY 1, 1985.

(R596) S. 765 -- Senators McConnell, Setzler and Matthews: AN ACT TO AMEND SECTION 11-35-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTIONS 11-35-1210 AND 11-35-1230, RELATING TO AUDITING AND FISCAL REPORTING, SO AS TO TRANSFER CERTAIN FUNCTIONS TO THE DIVISION OF GENERAL SERVICES; TO AMEND SECTION 11-35-1520, RELATING TO COMPETITIVE SEALED BIDDING, SO AS TO FURTHER PROVIDE FOR THE AWARDING OF BIDS WHEN TIED BIDS ARE INVOLVED AND TO PROVIDE THAT WHEN CERTAIN CONTRACTS ARE INVOLVED, ALL BIDDERS RESPONDING TO A SOLICITATION MUST RECEIVE NOTICE OF THE AWARDING OF THE BID; TO AMEND SECTION 11-35-1530, RELATING TO COMPETITIVE SEALED PROPOSALS, SO AS TO FURTHER PROVIDE FOR THE NEGOTIATION WITH RESPONSIBLE OFFERORS AND REVISIONS TO PROPOSALS AND THE AWARD OF THESE PROPOSALS; TO AMEND SECTION 11-35-1560, 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; TO AMEND SECTION 11-35-1830, RELATING TO COST OR PRICING DATA, SO AS TO FURTHER PROVIDE FOR A CONTRACTOR'S CERTIFICATION OF COST OR PRICING DATA; TO AMEND SECTION 11-35-2750, RELATING TO SPECIFICATIONS PREPARED BY ARCHITECTS AND ENGINEERS, SO AS TO FURTHER PROVIDE FOR THESE SPECIFICATIONS; AND TO REPEAL SECTION 11-35-3610, RELATING TO THE DEVELOPMENT OF A STATE WAREHOUSE, DELIVERY, AND INVENTORY PLAN.

(R597) S. 1064 -- Senators Shealy, Pope, Bryan, Wilson, Giese, Peeler, Courson, Thomas, Drummond and E. Patterson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, TO REQUIRE RECIPIENTS OF VARIOUS TYPES OF PUBLIC ASSISTANCE ADMINISTERED BY THE STATE TO REGISTER AND ACCEPT APPROPRIATE EMPLOYMENT AS A CONDITION OF RECEIPT OF ASSISTANCE PAYMENTS, TO DESIGNATE THE DEPARTMENT OF SOCIAL SERVICES AS THE AGENCY RESPONSIBLE FOR THE DEVELOPMENT AND OPERATION OF A STATEWIDE WORK SUPPORT SERVICE DELIVERY SYSTEM TO ASSIST PUBLIC ASSISTANCE RECIPIENTS IN ATTAINING AND MAINTAINING THEIR HIGHEST LEVEL OF ECONOMIC INDEPENDENCE THROUGH EMPLOYMENT IN RESPONSE TO THE MANPOWER NEEDS OF THE STATE, TO PROVIDE EXCEPTIONS TO THE WORK REQUIREMENTS, TO PROVIDE THAT REFUSAL TO ACCEPT SUITABLE EMPLOYMENT RENDERS THE RECIPIENT INELIGIBLE FOR ASSISTANCE UNDER THE ACT, AND TO MAKE SPECIAL PROVISIONS FOR PROTECTIVE PAYMENTS ON BEHALF OF DEPENDENT CHILDREN OF THOSE DECLARED INELIGIBLE.

(R598) S. 433 -- Senator Theodore: AN ACT TO ENACT THE "SOUTH CAROLINA REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES ACT OF 1986", TO MAKE CERTAIN VIOLATIONS AND THE COMMISSION OF CERTAIN ACTS A MISDEMEANOR, AND TO PROVIDE PENALTIES.

(R599) S. 733 -- Senators Saleeby, Martin, Land, McLeod and Holland: AN ACT TO ESTABLISH THE MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING-IMMUNITY ACT, TO PROVIDE FOR THE EXCHANGE OF INFORMATION RELATING TO MOTOR VEHICLE THEFT OR MOTOR VEHICLE INSURANCE FRAUD BETWEEN AUTHORIZED GOVERNMENTAL AGENCIES AND INSURERS, TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR THE EXCHANGES, TO PROVIDE FOR CONFIDENTIALITY, AND TO PROVIDE A PENALTY.

(R600) S. 1264 -- Senator McConnell: AN ACT TO AMEND SECTIONS 41-18-40, 41-18-80, 41-18-90, AND 41-18-120, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO DEFINE SPECIAL INSPECTOR AND HIS QUALIFICATIONS, PROVIDE THAT A PERMANENT AMUSEMENT DEVICE MUST BE INSPECTED BY A SPECIAL INSPECTOR OR BY THE COMMISSIONER OF THE DEPARTMENT OF LABOR AND ANNUALLY BY ONE OF THESE SAME OFFICIALS, AND THAT A TEMPORARY AMUSEMENT DEVICE MUST BE INSPECTED BY THE SAME OFFICIALS, REQUIRE THAT THE SPONSOR OF A FAIR OR CARNIVAL MAKE A VISUAL INSPECTION FROM A CHECKLIST SUPPLIED BY THE COMMISSIONER OF LABOR, AND REQUIRE THE OWNER OR LESSEE OF AN AMUSEMENT DEVICE TO FURNISH THE COMMISSIONER OF LABOR PROOF OF PURCHASE OF LIABILITY INSURANCE FOR INJURY TO PERSONS USING THE DEVICE.

(R601) H. 3927 -- Reps. Alexander, Blackwell, P. Bradley, Brett, Fair, Mattos, Rice, Shelton and Wilkins: AN ACT 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 AS REQUIRED BY STATE OR FEDERAL LAW WHICH RELATE TO WATER OR WASTEWATER FACILITIES; TO PROVIDE A HEARING PROCEDURE AND REQUIRE THAT ALL APPEALS FROM THE HEARING OFFICER MUST BE HEARD IN THE COURT OF COMMON PLEAS IN THE COUNTY IN WHICH THE POLITICAL SUBDIVISION IS LOCATED.

(R602) H. 2976 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT 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.

(R603) H. 3763 -- Rep. Hawkins: AN ACT TO AMEND SECTION 40-15-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO ALLOW LICENSED DENTAL HYGIENISTS AND CERTIFIED DENTAL ASSISTANTS EMPLOYED WITHIN THE PUBLIC HEALTH SYSTEM TO PERFORM DUTIES UNDER THE DIRECTION AND CONTROL OF THE STATE DIRECTOR OF PUBLIC HEALTH DENTISTRY BUT OUT OF HIS PRESENCE, TO ALLOW LICENSED DENTAL HYGIENISTS TO PERFORM DUTIES AUTHORIZED BY REGULATIONS OF THE STATE BOARD OF DENTISTRY AND TO REQUIRE A DIAGNOSIS BY A DENTIST BEFORE A HYGIENIST MAY APPLY DENTAL SEALANTS.

(R604) H. 3957 -- Interstate Cooperation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOXING COMMISSION, RELATING TO CLOSED CIRCUIT TELEVISION, KICK BOXING (FULL CONTACT KARATE), WRESTLING, PROFESSIONAL BOXING AND SPARRING EVENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 721, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

(R605) H. 2384 -- Rep. Archibald: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-51-111 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR APPLICANTS FOR INSURANCE AGENTS' LICENSES AND TO MAKE EXCEPTIONS.

(R606) H. 3241 -- Rep. Fair: AN ACT TO AMEND SECTION 61-13-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF SELLING LIQUOR TO A MINOR, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON ENGAGED IN THE SALE OF ALCOHOLIC LIQUORS TO KNOWINGLY SELL THE LIQUORS TO A PERSON UNDER THE AGE OF TWENTY-ONE, TO PROVIDE A PENALTY, AND TO PROVIDE THAT FAILURE OF ANY PERSON TO REQUIRE IDENTIFICATION TO VERIFY A PERSON'S AGE IS PRIMA FACIE EVIDENCE OF THE VIOLATION OF THIS SECTION; AND TO AMEND SECTION 61-9-40, AS AMENDED, RELATING TO THE UNLAWFUL SALE OF BEER, ALE, PORTER, WINE, OR OTHER SIMILAR MALT OR FERMENTED BEVERAGES TO A PERSON UNDER THE AGE OF TWENTY-ONE, SO AS TO MAKE IT UNLAWFUL TO SELL THESE BEVERAGES TO ANY PERSON UNDER THE AGE OF TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, UNDER THE AGE OF TWENTY-ONE, AND REQUIRE THAT THE FAILURE OF ANY PERSON TO REQUIRE IDENTIFICATION TO VERIFY A PERSON'S AGE IS PRIMA FACIE EVIDENCE OF THE VIOLATION OF THIS SECTION.

(R607) H. 3530 -- Education and Public Works Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1537, SO AS TO PROVIDE THAT HIGHWAY PATROL OFFICERS MUST BE RETIRED NO LATER THAN THE END OF THE FISCAL YEAR DURING WHICH THEY ATTAIN THE AGE OF SIXTY-TWO; TO PROVIDE THAT ANY CURRENT MEMBER OF THE HIGHWAY PATROL IS EXEMPT FROM THE PROVISIONS OF THIS ACT FOR ONE YEAR FROM THE EFFECTIVE DATE OF THIS ACT; AND TO PROVIDE THAT ANY MEMBER OF THE PATROL WHO IS SIXTY-THREE YEARS OF AGE ON THE EFFECTIVE DATE OF THIS ACT MAY SERVE FOR TWO ADDITIONAL YEARS.

(R608) H. 2608 -- Rep. T. Rogers: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 SO AS TO PROVIDE FOR AN AGENT ORANGE INFORMATION AND TESTING PROGRAM IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASSIST RESIDENT VETERANS WHO SERVED IN THE ARMED FORCES FROM 1959 THROUGH 1975 WHO HAVE BEEN EXPOSED TO CHEMICAL AGENTS AND TO AMEND CHAPTER 11, TITLE 25, BY ADDING SECTION 25-11-70 SO AS TO REQUIRE THE DEPARTMENT OF VETERANS AFFAIRS TO ASSIST THE SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN CARRYING OUT THE AGENT ORANGE INFORMATION AND TESTING PROGRAM.

(R609) H. 2008 -- Reps. Huff, Wilkins, J. Anderson and P. Bradley: AN ACT 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; AND TO PROVIDE THAT THIS ACT SHALL APPLY TO ALL ACTIONS PENDING ON THE EFFECTIVE DATE OF THIS ACT 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.

(R610) H. 3929 -- Reps. G. Bailey and Day: AN ACT TO REQUIRE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE ANNUAL BUDGETS FOR GENERAL SCHOOL PURPOSES TO BE SUBMITTED FOR APPROVAL TO THE DORCHESTER COUNTY BOARD OF EDUCATION, FOR SCHOOL YEAR 1986-87 ONLY; TO REQUIRE THE BOARD OF EDUCATION TO SET THE NECESSARY TAX MILLAGE AFTER APPROVING THE BUDGETS; TO REQUIRE THE BOARD OF EDUCATION TO CONDUCT A PUBLIC HEARING PRIOR TO APPROVAL; TO PROVIDE THE TIME AND LOCATION OF THE HEARING; AND TO PROVIDE FOR POSTING OF THE BUDGETS AND AUDIT REPORTS PRIOR TO THE HEARING.

(R611) H. 3706 -- Reps. Keyserling, Sheheen, Huff and Freeman: AN ACT TO EFFECTUATE THE POWERS GRANTED TO THE STATES UNDER LOW-LEVEL RADIOACTIVE WASTE POLICY ACT AMENDMENTS OF 1985, P. L. 99-240; TO PROVIDE FOR LIMITATIONS ON THE USE OF THE BARNWELL FACILITY FOR DISPOSAL OF LOW-LEVEL NUCLEAR WASTE; TO PROVIDE FOR METHODS OF INCREASING THOSE LIMITS; TO PROVIDE FOR THE COLLECTION OF INFORMATION UNDER THIS ACT AND P. L. 99-240 AND TO PROVIDE PENALTIES FOR THE FAILURE TO GIVE THIS INFORMATION; TO IMPOSE THE PENALTIES AUTHORIZED BY P. L. 99-240 FOR FAILURE TO COMPLY WITH THE REQUIREMENTS FOR NONSITED COMPACT REGIONS AND NONMEMBER STATES SET FORTH IN SUCH ACT; TO PROVIDE FOR INVESTIGATION OF THE CAPACITY OF THE BARNWELL SITE ON DECEMBER 31, 1992; TO PROVIDE PENALTIES FOR FAILURE TO COMPLY WITH SHIPPING STANDARDS; TO RESERVE THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE BUDGET AND CONTROL BOARD TO ACT UNDER OTHER AUTHORITY; AND TO PRESERVE THE STATE'S IMMUNITY UNDER THE CONSTITUTION OF THE UNITED STATES.

(R612) H. 3950 -- Rep. Harvin: AN ACT TO PROVIDE FOR THE NONPARTISAN ELECTION AND THE APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 IN CLARENDON COUNTY; TO INCREASE THE NUMBER OF THE BOARD MEMBERS FROM SEVEN TO NINE IN 1986, 1987, AND 1988; TO DECREASE THE NUMBER TO SEVEN IN 1989 AND AFTER THAT YEAR; TO PROVIDE FOR THE TERMS; TO PROVIDE FOR THE TIME AND MANNER OF THE ELECTIONS AND APPOINTMENTS; TO PROVIDE FOR FILLING OF VACANCIES; AND TO REPEAL ACT 232 OF 1983 RELATING TO THE APPOINTMENT OF TRUSTEES FOR THE SCHOOL DISTRICT.

(R613) S. 629 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND CHAPTER 3 OF TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DEVELOPMENT BOARD, BY ADDING SECTION 13-3-130 SO AS TO ESTABLISH THE PERMANENT ADVISORY COMMITTEE OF THE STATE DEVELOPMENT BOARD.

(R614) H. 3345 -- Reps. Kirsh, White, Rawl, Washington, D. Martin, Winstead, Freeman, Foster, J. Rogers, Hawkins and Gordon: AN ACT 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, TO AUTHORIZE THE DEPARTMENT TO ESTABLISH FEES FOR ADOPTION AND RELATED SERVICES; TO AMEND SECTIONS 20-7-1870 AND 20-7-1880, RELATING TO THE REQUIREMENTS THAT REPORTS OF REMOVALS OF CHILDREN FROM THEIR NATURAL MOTHER MUST BE REPORTED TO THE BUREAU AND THE REQUIREMENT THAT NO PERSON MAY BRING OR SEND INTO THIS STATE ANY CHILD IN A FOSTER HOME UNLESS THE PERSON BRINGING OR SENDING THE CHILD HAS FIRST NOTIFIED THE BUREAU, SO AS TO CHANGE ALL REFERENCES TO THE DEPARTMENT OF SOCIAL 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; AND TO PROVIDE FOR THE COMPOSITION, POWERS, STAFFING, AND DISSOLUTION OF THE COMMITTEE; TO PROVIDE THAT THE COMMITTEE MUST SUBMIT A PLAN TO THE BUDGET AND CONTROL BOARD BY OCTOBER 1, 1986, TRANSFERRING ALL NECESSARY SERVICE DELIVERY AND SUPPORT FUNCTIONS, CURRENT APPROPRIATIONS, ASSETS, AND LIABILITIES 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 TRANSFER TO CARRY OUT THE TRANSITION COMMITTEE'S PLAN; 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 REQUIRE THE DEPARTMENT, BEFORE IT ACCEPTS A CLIENT, TO PROVIDE HIM WITH AN INFORMATIONAL BROCHURE WHICH OUTLINES THE SERVICES AVAILABLE FROM AND THE PROCEDURE USED TO SELECT ADOPTIVE PARENTS AND BY THE LICENSED PRIVATE ADOPTION AGENCIES IN THIS STATE; TO PROVIDE THAT UPON COMPLETION OF THE TRANSFER OF THE BUREAU INTO THE DEPARTMENT'S ADOPTION PROGRAM, THE BOARD OF DIRECTORS OF THE BUREAU SHALL CONTINUE TO FUNCTION AS AN ADVISORY BOARD ON ADOPTIONS TO THE STATE BOARD OF THE DEPARTMENT OF SOCIAL SERVICES, TO PROVIDE FOR THE MEMBERSHIP OF THE BOARD OF DIRECTORS, TO PROVIDE FOR THE DISSOLUTION OF THE ADVISORY BOARD, TO PROVIDE FOR STATUS REPORTS BY THE ADVISORY BOARD OF THE EFFECTIVENESS OF THE ADOPTION PROGRAM FOLLOWING THE TRANSITION, AND TO REQUIRE THAT THE STATE BOARD OF THE DEPARTMENT OF SOCIAL SERVICES MUST REPORT TO THE GENERAL ASSEMBLY ON THE IMPLEMENTATION OF THE STATE-ADMINISTERED ADOPTION PROGRAM, TO REQUIRE THE GENERAL ASSEMBLY TO MAKE FINAL DETERMINATION BY JUNE 30, 1989, WHETHER THE SINGLE ADOPTION SYSTEM WITHIN THE DEPARTMENT MUST BE PERMANENTLY AUTHORIZED; TO REPEAL SECTIONS 20-7-1830 THROUGH 20-7-1860, 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); AND TO PROVIDE THAT IF THIS DETERMINATION IS NOT MADE BY JUNE 30, 1989, THIS ACT IS REPEALED AND THE TRANSITION COMMITTEE MUST BE RECONVENED FOR THE PURPOSE OF RECONSTITUTING A SINGLE PUBLIC ADOPTION AGENCY EFFECTIVE JANUARY 1, 1990, AND TO PROVIDE FOR A BIFURCATED EFFECTIVE DATE.

(R615) H. 2316 -- Reps. Fair, Brett and P. Bradley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-13-450, 16-13-451, AND 16-13-452 SO AS TO MAKE IT UNLAWFUL TO MANUFACTURE OR PRINT FALSE IDENTIFICATION CARDS, MAKE IT UNLAWFUL FOR ANY PERSON TO SUBMIT DOCUMENTATION AS REQUIRED BY SECTION 16-13-450 WHICH CONTAINS FALSE INFORMATION, TO PROVIDE A PENALTY FOR VIOLATION, AND PROVIDE THAT THE PROVISIONS OF SECTIONS 16-13-450 AND 16-13-451 DO NOT PROHIBIT ANY LAWFULLY AUTHORIZED INVESTIGATIVE, PROTECTIVE, OR INTELLIGENCE ACTIVITY OF A LAW ENFORCEMENT OR INTELLIGENCE AGENCY OF THE UNITED STATES, A STATE, OR A POLITICAL SUBDIVISION OF A STATE; 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 AND THE OFFENSE OF DISPLAYING OR REPRESENTING AS ONE'S OWN A DRIVER'S, OPERATOR'S, OR CHAUFFEUR'S LICENSE NOT ISSUED TO HIM; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-515 SO AS TO PROVIDE THAT IT IS A MISDEMEANOR TO ALTER A MOTOR VEHICLE DRIVER'S LICENSE TO CONTAIN FALSE INFORMATION OR TO MANUFACTURE OR PRINT A FICTITIOUS LICENSE OR TO USE OR POSSESS AN IDENTIFICATION CARD OR ALTERED DRIVER'S LICENSE CONTAINING FALSE INFORMATION; AND TO PROVIDE PENALTIES.

(R616) H. 2767 -- Reps. Sharpe, M.D. Burriss and Jones: AN ACT TO AMEND SECTION 44-61-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS, SO AS TO PROVIDE THAT IN-SERVICE TRAINING MAY BE SUBSTITUTED FOR REFRESHER COURSES WHEN APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE THAT THE PRACTICAL SKILLS EXAMINATION MAY BE ADMINISTERED BY A MEDICAL CONTROL PHYSICIAN WHO MAY WAIVE THE WRITTEN EXAMINATION, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL STUDY AND ASSESS THE USEFULNESS OF THE WRITTEN EXAMINATION AND REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 31, 1989.

(R617) H. 2314 -- Rep. Fair: AN ACT TO AMEND CHAPTER 1 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO REGULATE THE OPERATION OF MOPEDS ON THE HIGHWAYS AND STREETS, TO AMEND SECTIONS 56-3-20, 56-9-20, AND 56-19-10, ALL AS AMENDED, AND SECTIONS 56-1-10, 56-5-130, 56-5-150, AND 56-5-160, RELATING TO DEFINITIONS OF VEHICLES, SO AS TO DEFINE "MOPED" INCLUDE OR EXCLUDE MOPED FROM DEFINITIONS, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-5-50, 56-5-165, AND 56-5-1555 AND ARTICLE 30 TO CHAPTER 5 OF TITLE 56 SO AS TO FURTHER REGULATE MOPED OPERATIONS AND SALES AND TO DEFINE MOPED, AND TO REPEAL SECTION 56-5-3510 RELATING TO BICYCLES WITH HELPER MOTORS.

(R618) H. 2279 -- Reps. Wilkins, P. Bradley, Brett, Fair, Ferguson, Marchant, Hawkins, Russell and Winstead: AN ACT TO AMEND SECTION 4-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF COUNTY COUNCILS TO CONDUCT REFERENDA TO DETERMINE A CHANGE IN THE FORM OF GOVERNMENT, NUMBER OF COUNTY MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE REFERENDA TO ESTABLISH ALTERNATE METHODS OF ELECTION LIMITED TO AT-LARGE FROM THE COUNTY, FROM DEFINED SINGLE MEMBER ELECTION DISTRICT, ANY OTHER METHOD IN EFFECT WHEN THE REFERENDUM IS HELD, WITH QUALIFICATIONS, AND ANY OTHER METHOD OF ELECTION IN EXISTENCE IN ANY COUNTY OF THIS STATE AS OF JULY 1, 1986, IF THE COUNTY ON JUNE 25, 1975, HAD AN AT-LARGE METHOD AND HAS THIS METHOD AS OF JULY 1, 1986, AND A POPULATION OF AT LEAST TWO HUNDRED TWENTY-FIVE THOUSAND; AND TO REQUIRE COUNTIES WHOSE POPULATION EXCEEDS ONE HUNDRED THOUSAND OR WHICH COUNTY CONTAINS TWO OR MORE MUNICIPALITIES WITH A POPULATION OF AT LEAST THIRTY THOUSAND EACH AND WHICH ELECT MEMBERS OF THEIR GOVERNING BODY AT LARGE FROM THE COUNTY TO APPORTION THESE DISTRICTS AS TO POPULATION AND TO REAPPORTION AS TO POPULATION WITHIN A REASONABLE TIME PRIOR TO THE NEXT GENERAL ELECTION WHICH FOLLOWS THE ADOPTION BY THE STATE OF EACH FEDERAL DECENNIAL CENSUS AND TO REQUIRE THOSE COUNTIES WHICH HAD AT-LARGE VOTING WITH RESIDENCY REQUIREMENTS PRIOR TO 1980 WHICH HAVE NOT REAPPORTIONED IN ACCORDANCE WITH THE 1980 DECENNIAL CENSUS TO DO SO BY JULY 1, 1988.

(R619) S. 984 -- Senators Dennis, Lindsay and Holland: AN ACT TO AMEND SECTIONS 9-1-1020, 9-1-1180, 9-1-1540, 9-11-40, 9-11-80, 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 AND TO PROVIDE THAT A DISABLED MEMBER MAY BE RETIRED NOT MORE THAN NINE MONTHS INSTEAD OF SIX MONTHS NEXT FOLLOWING THE DATE OF FILING APPLICATION AND CERTIFICATION THAT THE MEMBER IS MENTALLY OR PHYSICALLY INCAPACITATED.

(R620) H. 2161 -- Rep. Aydlette: AN ACT TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS FOR DISABLED PERSONS, SO AS TO AUTHORIZE THE ISSUANCE OF THE TAGS FOR A PERSON DISABLED BY AN IMPAIRMENT IN MOBILITY AND TO REQUIRE A LICENSED PHYSICIAN TO CERTIFY AS TO THE SEVERITY OR THE PERMANENCY OF MOBILITY IMPAIRMENT; TO AMEND SECTION 56-3-1950 (ACT 462 OF 1978), AS AMENDED, RELATING TO DEFINITIONS IN THE PROVISIONS ALLOWING FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO REVISE THE DEFINITION OF "HANDICAPPED"; TO AMEND SECTION 56-3-1960 (ACT 462 OF 1978), RELATING TO DISPLAY OF SPECIAL PLACARDS AND LICENSE PLATES BY HANDICAPPED PERSONS, SO AS TO REQUIRE A LICENSED PHYSICIAN TO CERTIFY THAT THE HANDICAP IS PERMANENT FOR THE ISSUANCE OF A LICENSE PLATE, WHETHER THE HANDICAP IS TEMPORARY OR PERMANENT FOR THE ISSUANCE OF A PLACARD, AND THE LENGTH OF TIME OF A TEMPORARY HANDICAP AND TO PROVIDE THE CONDITIONS UNDER WHICH NEITHER A LICENSE PLATE NOR PLACARD MAY BE DENIED; AND TO AMEND SECTION 56-3-1970.

(R621) H. 3236 -- Rep. P. Harris: AN ACT 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; TO LIMIT DISCLOSURE OF FILES MAINTAINED BY THE OMBUDSMAN PROGRAM TO THE FILES OVER WHICH HE HAS DISPOSITION AUTHORITY, UPON HIS DISCRETION; AND TO PROVIDE EXCEPTIONS TO DISCLOSURE.

(R622) H. 3283 -- Ways and Means Committee: AN ACT 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 STATE PARK 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; 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; TO PROVIDE THAT NONE OF THE PROCEEDS OF THE ISSUANCE OF BONDS FOR THE SHOW AND SALE AGRIBUSINESS ARENA, OR ANY OTHER STATE MONEY, MAY BE USED TO PURCHASE LAND FOR THIS FACILITY; TO AMEND SECTION 46-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE FAMILY FARM DEVELOPMENT AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO SPONSOR OR PARTICIPATE IN PROGRAMS WITH OTHER ENTITIES WHICH MAY BE EMPOWERED TO MAKE LOANS TO FAMILIES OF THE BENEFICIARY CLASS AND PARTICIPATE IN AND COOPERATE WITH ANY PROGRAM OF ANOTHER AGENCY OF THE STATE OR A POLITICAL SUBDIVISION IN THE ADMINISTRATION OF ANY OF THE PROGRAMS AUTHORIZED BY OR THE EXERCISE OF ANY OF THE POWERS GRANTED BY CHAPTER 47 OF TITLE 46; AND TO AMEND SECTION 46-47-20, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE FAMILY FARM DEVELOPMENT AUTHORITY ACT, SO AS TO CHANGE THE DEFINITION OF "FARMERS AND FARM FAMILIES OF LOW AND MODERATE INCOME" BY INCREASING FROM ONE HUNDRED TWENTY-FIVE TO ONE HUNDRED FIFTY THE PERCENTAGE OF THE MEDIAN GROSS INCOME OF ALL FAMILIES IN THIS STATE ABOVE WHICH A PERSON WOULD NOT QUALIFY UNDER THIS DEFINITION.

(R623) H. 2826 -- Rep. Gulledge: AN ACT TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR PERSONS FOUND GUILTY OF VIOLATING THE PROVISIONS OF ARTICLE 1 OR CHAPTER 23 OF TITLE 16 (OFFENSES INVOLVING PISTOLS), SO AS TO PROVIDE THAT CONFISCATED PISTOLS MAY BE TRANSFERRED TO ANOTHER LAW ENFORCEMENT AGENCY FOR THEIR LAWFUL USE, TRANSFER THEM TO THE CLERK OF COURT OR MAYOR WHO SHALL DISPOSE OF THEM AS PROVIDED BY SECTION 16-23-500 OR TRADE THEM WITH A RETAIL DEALER LICENSED TO SELL PISTOLS IN THIS STATE FOR A PISTOL APPROVED BY THE AGENCY, DELETE THE AUTHORITY OF THE AGENCY TO DESTROY THE PISTOL, AND AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION, IF IT SEIZED THE PISTOL, TO USE IT IN ITS FORENSIC LABORATORY; TO AMEND SECTION 16-23-250, RELATING TO THE EXCEPTIONS TO THE PROVISIONS OF ARTICLE 3 OF CHAPTER 23 OF TITLE 16 CONCERNING MACHINE GUNS, SAWED-OFF SHOTGUNS, AND RIFLES, SO AS TO EXEMPT DEALERS LICENSED UNDER THE PROVISIONS OF THE FEDERAL GUN CONTROL ACT FROM THE PROVISIONS OF THIS ARTICLE AND EXEMPT FROM THE PROVISIONS PERSONS OBTAINING A SPECIAL LICENSE; TO AMEND SECTION 16-23-460, RELATING TO THE PENALTY OF ANYONE CONFISCATING OR CARRYING A DEADLY WEAPON, SO AS TO EXEMPT FROM THE PROVISIONS OF THIS SECTION RIFLES OR SHOTGUNS UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME OR IN THE FURTHERANCE OF A CRIME; TO AMEND SECTION 16-23-500, RELATING TO THE REQUIREMENT THAT THE CLERK OF COURT IN EACH COUNTY AND THE MAYOR OF EACH MUNICIPALITY SHALL KEEP A WRITTEN RECORD OF ALL WEAPONS CONFISCATED OR FORFEITED, SO AS TO AUTHORIZE THESE INDIVIDUALS TO SELL BY SEALED BID TO A LICENSED DEALER, OR DESTROY THE WEAPON IF IT IS A WEAPON DESCRIBED IN SECTION 23-31-180; TO AMEND SECTION 23-31-180, RELATING TO THE PROHIBITION ON SELLING OR POSSESSING A PISTOL OR HANDGUN WHICH HAS A DIE-CAST FRAME OR RECEIVER WHICH MELTS AT A TEMPERATURE OF LESS THAN EIGHT HUNDRED DEGREES FAHRENHEIT, SO AS TO PROVIDE THAT THESE PISTOLS OR HANDGUNS MUST BE FORFEITED TO THE MUNICIPALITY WHERE SEIZED OR TO THE COUNTY WHERE SEIZED IF OUTSIDE THE CORPORATE LIMITS OF A MUNICIPALITY INSTEAD OF REQUIRING THAT THEY BE DESTROYED BY THE STATE LAW ENFORCEMENT DIVISION; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-23-405 AND 23-31-370 SO AS TO PROVIDE FOR THE DEFINITION OF "WEAPON" AND PROVIDE THAT IN ADDITION TO ANY PENALTY THE WEAPON USED IN FURTHERANCE OF THE CRIME MUST BE CONFISCATED, AND PROVIDE FOR THE DISPOSITION OF THESE WEAPONS; TO PROVIDE FOR A SPECIAL TEMPORARY LICENSE ISSUED BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO PERSONS WHOSE OCCUPATIONS REQUIRE THEM TO POSSESS, TRANSPORT, AND SELL MACHINE GUNS IN THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO PROHIBIT THE GOVERNING BODY OF ANY COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ENACTING OR PROMULGATING ANY REGULATION OR ORDINANCE WHICH REGULATES THE TRANSFER, OWNERSHIP, POSSESSION, CARRYING, OR TRANSPORTATION OF FIREARMS, AMMUNITION, COMPONENTS OF FIREARMS, OR ANY COMBINATION OF THESE THINGS; PROVIDE THAT THIS ACT DOES NOT AFFECT THE AUTHORITY OF ANY COUNTY, MUNICIPALITY, OR POLITICAL SUBDIVISION TO REGULATE THE CARELESS OR NEGLIGENT DISCHARGE OR PUBLIC BRANDISHMENT OF FIREARMS NOR DOES IT PREVENT THE REGULATION DURING TIMES OF INSURRECTION, INVASIONS, RIOTS, OR NATURAL DISASTERS; AND TO REPEAL SECTIONS 16-23-40 AND 16-23-510 RELATING TO THE CONFISCATION AND DESTRUCTION OF PISTOLS AND THE PROVISIONS REQUIRING COUNTY POLICE TO DESTROY FORFEITED WEAPONS IF THE POPULATION OF THAT COUNTY IS BETWEEN THIRTY THOUSAND SIX HUNDRED AND THIRTY-TWO THOUSAND.

(R624) H. 3550 - The Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1986, AND FOR OTHER PURPOSES; TO PROVIDE FURTHER FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 8-11-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION OF STATE EMPLOYEES AT THE TOP OF THEIR CLASSIFICATION, SO AS TO PROVIDE THAT COMPENSATION INCREASES AS DEFINED IN THIS SECTION AND AWARDED ON OR BEFORE JUNE 30, 1986, SHALL CONTINUE TO BE PAID TO EMPLOYEES WHO REMAIN COVERED UNDER THE STATE CLASSIFICATION AND COMPENSATION PLAN, AND TO PROHIBIT THE AWARDING OF ADDITIONAL COMPENSATION INCREASES AFTER JUNE 30, 1986; TO AMEND SECTION 12-37-450, RELATING TO THE BUSINESS INVENTORY TAX EXEMPTION AND REIMBURSEMENT OF COUNTIES AND MUNICIPALITIES, SO AS TO PROVIDE FOR THE REIMBURSEMENT FOR REVENUE LOSSES FROM THE EXEMPTION TO BE BASED ON THE 1987 TAX YEAR MILLAGE AND 1987 TAX YEAR ASSESSED VALUE OF INVENTORIES; TO DELETE THE REQUIREMENT THAT THE REIMBURSEMENTS MUST BE MADE IN THE SAME MANNER AS FOR REVENUE LOSSES FROM THE HOMESTEAD PROPERTY TAX EXEMPTION; TO CHANGE THE REFERENCES IN CREDITING THE ASSESSED VALUE IN IMPLEMENTING THE EXEMPTION FROM TAX YEARS 1984, 1985, 1986, AND AFTER 1986 TO TAXABLE YEARS 1985, 1986, 1987, AND AFTER 1987; TO LIMIT TO TAXABLE YEARS 1986 AND 1987 THE REQUIREMENTS THAT A MERCHANT'S ACCOUNT MUST BE CREDITED THE PERCENTAGE REIMBURSED AND THAT THE MERCHANT MUST BE BILLED THE REMAINDER; AND TO LIMIT THE DETERMINATION OF THE ASSESSED VALUATION OF EXEMPTED BUSINESS INVENTORY TO THE 1987 TAX YEAR ASSESSED VALUATION FOR PURPOSES OF BONDED INDEBTEDNESS AND COMPUTING THE INDEX OF TAXPAYING ABILITY; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO INCLUDE ALL INVENTORIES OF BUSINESS ESTABLISHMENTS EFFECTIVE FOR THE 1988 AND SUBSEQUENT TAXABLE YEARS; TO PROVIDE THAT FOR TAXABLE YEARS BEGINNING AFTER 1985 INDIVIDUAL STATE INCOME TAX BRACKETS SHALL REVERT TO THOSE PROVIDED IN SECTION 12-7-210, WITHOUT REGARD TO ANY INFLATION ADJUSTMENT AND TO AMEND SECTION 12-1-213, RELATING TO ANNUAL INFLATION ADJUSTMENT, SO AS TO DELETE REFERENCES TO SECTION 23 OF PART II, OF ACT 517 OF 1980 WHICH WAS REENACTED BY THE CODE SECTION; TO AMEND SECTION 59-24-110, RELATING TO THE SCHOOL PRINCIPAL INCENTIVE PROGRAM, SO AS TO PROVIDE THAT FUNDS FOR THIS PROGRAM MUST BE DISTRIBUTED TO THE SCHOOL DISTRICTS ON A PER PRINCIPAL BASIS INSTEAD OF A PER PUPIL BASIS AND TO PROVIDE THAT SCHOOL PRINCIPAL INCENTIVE AWARDS MAY NOT EXCEED FIVE THOUSAND DOLLARS A PRINCIPAL; TO AMEND SECTION 1-11-75, RELATING TO FEES CHARGED BY THE STATE BUDGET AND CONTROL BOARD TO APPLICANTS FOR PERMITS FOR CONSTRUCTION, DREDGING, OR OTHER ACTIVITY IN NAVIGABLE WATERS OF THIS STATE, SO AS TO INCREASE THE FEES AND ESTABLISH A FEE FOR CONDUCTOR OR OTHER WIRE CROSSINGS OF NAVIGABLE WATERS OF ONE HUNDRED DOLLARS; TO AMEND SECTION 8-11-82, RELATING TO ELIGIBILITY FOR THE STATE HEALTH INSURANCE PLAN OF CERTAIN STATE AND SCHOOL DISTRICT EMPLOYEES TERMINATING EMPLOYMENT, SO AS TO PROVIDE THAT EMPLOYEES WHO TERMINATE EMPLOYMENT WITH AT LEAST FIFTEEN YEARS' SERVICE CREDIT ARE ELIGIBLE FOR THE STATE HEALTH INSURANCE PLAN IF APPLICATION IS MADE BY OCTOBER 1, 1986, AND THE APPLICANT DEMONSTRATES EVIDENCE OF INSURABILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 23-31-195 SO AS TO PROVIDE FOR A PISTOL COLLECTORS LICENSE TO BE ISSUED BY THE STATE LAW ENFORCEMENT DIVISION AND TO PROVIDE FOR THE FEE AND QUALIFICATIONS FOR THE LICENSE; TO PROVIDE THAT THE BUDGET AND CONTROL BOARD IN MANDATING SPENDING CUTS TO MEET A PROJECTED DEFICIT DURING ANY FISCAL YEAR MUST FIRST REDUCE APPROPRIATIONS TO THE CAPITAL EXPENDITURE FUND FOR THAT YEAR BEFORE MANDATING ANY CUTS IN OPERATING APPROPRIATIONS; TO AMEND SECTION 12-21-380, RELATING TO TAXES ON INSTRUMENTS OF CONVEYANCE OF REALTY, SO AS TO INCREASE THE TAX FROM ONE DOLLAR FOR EACH FIVE HUNDRED DOLLARS OF CONSIDERATION TO ONE DOLLAR AND TEN CENTS FOR EACH FIVE HUNDRED DOLLARS OF CONSIDERATION AND TO PROVIDE THAT THE TEN CENTS INCREASE MUST BE PAID TO THE HERITAGE LAND TRUST FUND; TO AMEND CHAPTER 3 OF TITLE 56 OF THE 1976 CODE BY ADDING ARTICLE 37 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE A LICENSE PLATE WITH AN EMBLEM, SEAL, OR OTHER APPROPRIATE SYMBOL OF A COLLEGE OR UNIVERSITY LOCATED IN THIS STATE; PROVIDE FOR A FEE FOR THE PLATE, AND REQUIRE A PORTION OF THE FEE TO BE REMITTED TO THE APPLICABLE COLLEGE OR UNIVERSITY AND REQUIRE THE MONIES TO BE USED EXCLUSIVELY FOR ACADEMIC SCHOLARSHIPS; TO AMEND SECTION 12-35-1557, AS AMENDED, RELATING TO DUTIES OF SCHOOL DISTRICT BOARDS OF TRUSTEES OR ANY OTHER APPROPRIATE GOVERNING BODY AS TO PER PUPIL FINANCIAL EFFORT FOR NONCAPITAL PROGRAMS, SO AS TO CLARIFY WAIVER REQUIREMENTS; TO AMEND SECTION 40-43-230 AND 40-43-420, BOTH AS AMENDED, RELATING TO PHARMACY, SO AS TO INCREASE THE FEE FOR RENEWING A PHARMACY LICENSE FROM THIRTY TO FIFTY DOLLARS AND FOR RENEWING A PHARMACIST OR ASSISTANT PHARMACIST LICENSE FROM TWENTY-FIVE TO THIRTY-FIVE DOLLARS, AND TO PROVIDE FOR THE USE OF THE FEES FOR THE 1986-87 FISCAL YEAR; TO AMEND ITEM (23) OF SECTION 12-35-550, RELATING TO SALES AND USE TAXES, SO AS TO PROVIDE THAT THE GROSS PROCEEDS OF ALL SUPPLIES AND MACHINERY USED BY COIN-OPERATED LAUNDROMATS IS SUBJECT TO THE LICENSE AND SALES AND USE TAX; AND TO AMEND SECTION 12-35-1130, RELATING TO THE REQUIREMENT THAT CHAPTER 35 OF TITLE 12 SHALL APPLY WITH RESPECT TO THE GROSS PROCEEDS ACCRUING OR PROCEEDING FROM THE BUSINESS OF PROVIDING OR FURNISHING ANY LAUNDERING, DRY CLEANING, DYEING, OR PRESSING SERVICE, SO AS TO PROVIDE FOR THE PHASE OUT OF A SALES TAX IMPOSED ON THE GROSS PROCEEDS OF SALES FROM COIN-OPERATED WASHING AND DRYING MACHINES; TO AMEND SECTION 13-7-30, RELATING TO POWERS AND DUTIES OF THE BUDGET AND CONTROL BOARD, SO AS TO ADD A NEW ITEM TO IMPOSE SURCHARGES AND PENALTY SURCHARGES ON DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE FROM NONSITED REGIONS AND TO PROVIDE FOR THE MANNER OF COLLECTION OF FEES ON DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE FROM NONSITED REGIONS OF THE UNITED STATES; TO REQUIRE THE DEPARTMENT OF EDUCATION TO TRANSFER EDUCATION IMPROVEMENT ACT FUNDS TO THE COMMISSION ON HIGHER EDUCATION FOR THE PURPOSE OF FUNDING THE SOUTH CAROLINA CENTER FOR TEACHER RECRUITMENT AND TO PROVIDE FUNDS TO SUPPORT THE MINORITY AND RURAL TEACHER RECRUITMENT PROJECT; TO AMEND SECTION 59-29-200, RELATING TO PUPIL:TEACHER RATIOS, SO AS TO DELAY BY TWO YEARS, UNTIL 1988-89, THE REQUIREMENT FOR A PUPIL:TEACHER RATIO OF TWENTY-FIVE TO ONE OR LESS IN LANGUAGE ARTS AND MATHEMATICS CLASSES IN GRADES SEVEN THROUGH TWELVE IN SCHOOL DISTRICTS WITH A STUDENT POPULATION IN EXCESS OF NINE THOUSAND; TO AMEND SECTION 59-29-170, RELATING TO PROGRAMS FOR GIFTED AND TALENTED STUDENTS SO AS TO PROVIDE AN ORDER OF PRIORITY BY WHICH TO SERVE THE STUDENTS; TO AMEND SECTION 50-5-40, RELATING TO COLLECTION OF REVENUES, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE MARICULTURE RESEARCH AND DEVELOPMENT FUND AND FOR THE MANNER AND CONDITIONS UNDER WHICH REVENUE IN THE FUND MAY BE USED IN MARICULTURE RESEARCH; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO REGISTRATION AND LICENSING FEES FOR PROPERTY CARRYING VEHICLES, SO AS TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE FOR THE PAYMENT OF HALF-YEAR REGISTRATION FEES FOR VEHICLES WHOSE FEE IS FOUR HUNDRED DOLLARS OR MORE WHEN APPORTIONING REGISTRATION AND LICENSING FEES PURSUANT TO THE "INTERNATIONAL REGISTRATION PLAN"; TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-81 SO AS TO PROVIDE FOR GROUP HEALTH, LIFE, DENTAL, ACCIDENTAL DEATH AND DISMEMBERMENT AND DISABILITY INSURANCE FOR ACTIVE AND RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES AND TO PROVIDE FOR SEPARATE ACCOUNTS FOR HEALTH AND DENTAL INSURANCE FUNDS; TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO CHANGE A BOND AUTHORIZATION FOR THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE; TO AMEND SECTION 9-1-1620, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SECTION 9-9-70, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND SECTION 9-11-150, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICER'S RETIREMENT SYSTEM, SO AS TO PERMIT A MEMBER UPON HIS OR HER DIVORCE TO REVOKE CERTAIN OPTIONS PREVIOUSLY ELECTED AND ELECT A NEW SPECIFIED OPTION, AND TO FURTHER AMEND SECTION 9-9-70, SO AS TO PERMIT A MEMBER UPON A CHANGE IN HIS MARITAL STATUS AFTER RETIREMENT TO REVOKE THE OPTION PREVIOUSLY ELECTED AND ELECT A NEW SPECIFIED OPTION; TO AMEND SECTION 11-11-430, RELATING TO STATE BONDS AND APPROPRIATIONS LIMITATIONS, SO AS TO DELETE THE PROVISION THAT, BEGINNING WITH FISCAL YEAR 1985-86, THE LIMITATION ON DEBT SERVICE PROVIDED HEREIN SHALL DECREASE BY ONE-HALF OF ONE PERCENT EACH FISCAL YEAR UNTIL THE LIMITATION REACHES TWO AND ONE-HALF PERCENT IN FISCAL YEAR 1989-90 AND THEREAFTER; TO AMEND SECTIONS 9-1-10 AND 9-11-10, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICER'S RETIREMENT SYSTEM, SO AS TO CHANGE THE DEFINITION OF AVERAGE FINAL COMPENSATION FROM AVERAGE ANNUAL EARNABLE COMPENSATION OF A MEMBER DURING THREE CONSECUTIVE FISCAL YEARS TO TWELVE CONSECUTIVE QUARTERS; TO AMEND SECTION 12-21-2720, RELATING TO THE LICENSING OF COIN-OPERATED DEVICES, SO AS TO PROVIDE A LICENSE OF ONE HUNDRED DOLLARS ON MACHINES OF THE CRANE TYPE; TO AMEND SECTION 16-19-60, RELATING TO OFFENSES INVOLVING COIN-OPERATED DEVICES, SO AS TO ALLOW FOR THE DISPENSING OF PROPERTY FROM COIN-OPERATED DEVICES; AND TO PROVIDE FOR AN EFFECTIVE DATE FOR LICENSES ISSUED FOR FISCAL YEAR 1986-87; TO AMEND SECTION 16-3-1150, RELATING TO EMERGENCY AWARDS WITH RESPECT TO COMPENSATION OF VICTIMS OF CRIME, SO AS TO LIMIT THE TOTAL AMOUNT OF EMERGENCY AWARDS TO ONE THOUSAND DOLLARS, RATHER THAN ONE THOUSAND FIVE HUNDRED DOLLARS; AND TO AMEND SECTION 16-3-1180, RELATING TO, AMONG OTHER THINGS, THE AMOUNT OF AWARD AS COMPENSATION OF VICTIMS OF CRIME, SO AS TO LIMIT A BURIAL AWARD TO ONE THOUSAND DOLLARS, RATHER THAN TWO THOUSAND DOLLARS, AND TO LIMIT AWARDS IN THE AGGREGATE TO THREE THOUSAND DOLLARS, RATHER THAN TEN THOUSAND DOLLARS; TO AMEND SECTION 59-18-10, RELATING TO THE INCENTIVE GRANT FUND PROGRAM FOR SCHOOLS AND SCHOOL DISTRICTS FOR EXCEPTIONAL PERFORMANCE, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR THE REWARDING OF SCHOOLS AND SCHOOL DISTRICTS FOR EXCEPTIONAL OR IMPROVED PERFORMANCE, PROVIDE THAT SCHOOL DISTRICTS WILL BE REWARDED ACCORDING TO SPECIFIC CRITERIA ESTABLISHED BY THE STATE BOARD OF EDUCATION, AND REQUIRE THE STATE BOARD OF EDUCATION TO ESTABLISH PROCEDURES WHEREBY AREA VOCATIONAL CENTERS ARE ELIGIBLE TO RECEIVE INCENTIVE GRANT FUNDS IN 1986-87; TO AMEND SECTION 12-27-330, AS AMENDED, RELATING TO DOMESTIC OIL COMPANIES RETAINING A PORTION OF TAX COLLECTED FOR ADMINISTRATIVE COSTS, SO AS TO INCREASE THE PERCENTAGE AND MAXIMUM AMOUNT OF TAX THE COMPANY MAY RETAIN; TO AMEND SECTION 46-47-70, RELATING TO THE POWERS OF THE SOUTH CAROLINA STATE FAMILY FARM DEVELOPMENT AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO SPONSOR OR PARTICIPATE IN PROGRAMS WITH OTHER ENTITIES, INCLUDING NONPROFIT CORPORATIONS, WHICH ARE EMPOWERED TO LEND TO ELIGIBLE FARMERS; TO REQUIRE INSURANCE COMPANIES OF ANY CLASS EXCEPT BENEVOLENT INSTITUTIONS TO PAY AN ANNUAL LICENSE FEE, AN INSURANCE PREMIUM TAX, FILE WITH THE COMMISSIONER A RETURN OF PREMIUMS COLLECTED, AUTHORIZE THE COMMISSIONER TO SUSPEND OR REVOKE THE LICENSE OF A COMPANY WHICH FAILS TO MAKE RETURNS OR PAY FEES; TO REQUIRE INSURANCE COMPANIES DOMICILED IN OTHER STATES THAT ARE SUBJECT TO GREATER REQUIREMENTS IN THE DOMICILIARY STATE TO BE SUBJECT TO SUCH REQUIREMENTS IN ORDER TO DO BUSINESS IN THIS STATE; TO AMEND SECTION 38-57-110, RELATING TO ANNUAL REPORT OF PREMIUMS OF FOREIGN FIRE INSURANCE COMPANIES, SO AS TO REQUIRE FIRE INSURANCE COMPANIES TO FILE AN ANNUAL REPORT IF THEY ARE INCORPORATED IN THIS STATE AS WELL AS IN ANOTHER STATE OR COUNTRY; TO CONTINUE THE INSURANCE TAX STUDY COMMITTEE; TO INCREASE LICENSE FEES OF AGENTS, AGENCIES, ADJUSTERS, BROKERS, AND APPRAISERS; TO AMEND SECTION 38-47-30, RELATING TO ISSUANCE OF LICENSES TO INSURANCE BROKERS, SO AS TO INCREASE THE COMMISSION LICENSE FEE FROM FIFTY TO ONE HUNDRED DOLLARS; TO AMEND SECTION 38-49-30, RELATING TO FEES FOR INSURANCE ADJUSTERS' LICENSES, SO AS TO INCREASE THE FEE FROM TWENTY TO FORTY DOLLARS; TO AMEND SECTION 38-51-90, RELATING TO FEES FOR LICENSES OF INSURANCE AGENTS, SO AS TO INCREASE THE FEE FOR EACH LOCAL AGENT FROM TEN TO TWENTY DOLLARS, EACH STATE, SPECIAL, OR GENERAL AGENT FROM TWENTY-FIVE TO FIFTY DOLLARS, EACH AGENCY FROM TEN TO TWENTY DOLLARS EXCEPT THAT THE FEE APPLICABLE TO A COMMON CARRIER SELLING TRANSPORTATION TICKET POLICIES ON ACCIDENT AND HEALTH INSURANCE OR BAGGAGE INSURANCE IS INCREASED FROM FIVE TO TEN DOLLARS; TO AMEND SECTION 56-13-20, AS AMENDED, RELATING TO LICENSE FEES FOR MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, SO AS TO INCREASE THE FEE FROM TWENTY TO FORTY DOLLARS; AND TO REPEAL SECTIONS 38-5-310, 38-5-320, 38-5-330, 38-5-340, 38-5-350, 38-5-360, 38-5-370, 38-5-380, 38-5-390, 38-5-400, 38-5-410, 38-5-420, 38-5-430, 38-5-440, 38-5-450, 38-5-460, 38-5-470, 38-5-480, AND 38-5-500 RELATING TO THE COLLECTION AND DISPOSITION OF INSURANCE COMPANY LICENSE FEES AND TAXES; TO AMEND THE 1976 CODE BY ADDING CHAPTER 49 TO TITLE 46 SO AS TO PROVIDE FOR THE SUPERVISION AND REGULATION OF MILK OR MILK PRODUCTS BY THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AND TO REPEAL ARTICLE 1, CHAPTER 33, OF TITLE 39 RELATING TO THE STATE DAIRY BOARD; TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHOULD COMPLY WITH THE SECTION OF THE FEDERAL SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 RELATING TO PARTICIPATION OF MINORITY BUSINESS ENTERPRISES AND AUTHORIZING THE DEPARTMENT TO PROMULGATE REGULATIONS AND TAKE OTHER ACTIONS TO INSURE COMPLIANCE; TO AMEND SECTION 20-7-1315, RELATING TO PROCEDURES FOR WITHHOLDING VARIOUS TYPES OF INCOME TO SECURE THE PAYMENT OF CHILD SUPPORT OR SPOUSAL SUPPORT OBLIGATIONS, SO AS TO DELETE A PROVISION THAT ALLOWS AN EMPLOYER WHO HAS LESS THAN TWENTY-FIVE EMPLOYEES TO ELECT NOT TO PERFORM THESE REQUIRED WITHHOLDINGS; TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DEVELOP AND IMPLEMENT A PLAN FOR THE ADMINISTRATION OF A "CAFETERIA PLAN", AS DEFINED BY SECTION 125 OF THE INTERNAL REVENUE CODE OF 1954, FOR ITS EMPLOYEES AND TO REQUIRE THE SOUTH CAROLINA RETIREMENT SYSTEM TO COOPERATE WITH THE DEPARTMENT IN THE IMPLEMENTATION OF THE "CAFETERIA PLAN"; TO AMEND SECTION 8-7-90, RELATING TO LEAVES OF ABSENCES AUTHORIZED IN ANY ONE YEAR FOR PUBLIC OFFICERS AND EMPLOYEES FOR NATIONAL GUARD OR OTHER MILITARY RESERVE SERVICE, SO AS TO FURTHER DEFINE THE PHRASE "IN ANY ONE YEAR"; TO AMEND SECTION 12-27-380, AS AMENDED, RELATING TO THE DISTRIBUTION OF GASOLINE TAX TO COUNTIES, SO AS TO PROVIDE THAT A PORTION OF THE TAX REVENUES ALLOCATED TO CERTAIN COUNTIES MUST BE DISTRIBUTED TO THE MUNICIPALITIES WITHIN THE COUNTY, TO PROVIDE A FORMULA FOR THE DISTRIBUTION OF THE MONIES, AND TO AUTHORIZE A COUNTY AND THE MUNICIPALITIES LOCATED IN IT TO AGREE TO OTHER DISTRIBUTION ARRANGEMENTS; TO AMEND SECTION 40-7-180, RELATING TO CERTAIN BARBER FEES, SO AS TO PROVIDE THAT THE FEE FOR A MASTER HAIR CARE CERTIFICATE IS THIRTY-FIVE DOLLARS A YEAR; TO AMEND SECTION 8-11-55, RELATING TO COMPENSATORY TIME FOR WORKING OVERTIME FOR STATE EMPLOYEES, SO AS TO PROVIDE THAT COMPENSATORY TIME, IF GRANTED, MUST BE IN ACCORDANCE WITH THE FEDERAL FAIR LABOR STANDARDS ACT OF 1938; TO AMEND SECTION 44-53-520, AS AMENDED, RELATING TO FORFEITURE OF PROPERTY WITH RESPECT TO CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT ALL PROPERTY WHICH IS KNOWINGLY USED TO FACILITATE PRODUCTION, MANUFACTURING, DISTRIBUTION, SALE, IMPORTATION, OR EXPORTATION OR TRAFFICKING IN VARIOUS CONTROLLED SUBSTANCES IS SUBJECT TO FORFEITURE; TO AMEND SECTION 12-21-2728, RELATING TO LOCATION LICENSE TAXES ON COIN-OPERATED DEVICES, SO AS TO REQUIRE AN OPERATOR'S LICENSE BEFORE ENGAGING IN OR OPERATING COIN-OPERATED DEVICES; TO AMEND SECTION 56-3-620, AS AMENDED, RELATING TO THE REGISTRATION AND LICENSE FEES FOR PRIVATE PASSENGER-CARRYING VEHICLES, SO AS TO INCREASE THE FEE TO SEVENTEEN DOLLARS EXCEPT FOR PERSONS SIXTY-FIVE YEARS OR OLDER OR WHO ARE HANDICAPPED AND TO PROVIDE THAT THE ANNUAL FEE FOR A PROPERTY-CARRYING VEHICLE OF FIVE THOUSAND POUNDS OR LESS REGISTERED BY A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER IS FIFTEEN DOLLARS; TO AMEND SECTION 56-3-760, RELATING TO THE REGISTRATION FEE FOR MOTORCYCLES, SO AS TO INCREASE THE FEE TO FIVE DOLLARS, AND TO AMEND SECTION 56-19-420, AS AMENDED, RELATING TO FEES FOR CERTIFICATES OF TITLE, SO AS TO INCREASE THE FEE TO FIVE DOLLARS FOR THE ISSUANCE, TRANSFER, OR DUPLICATION OF A CERTIFICATE OF TITLE AND TO PROVIDE FOR THE DISPOSITION OF THE INCREASED REVENUES; TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEMS AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE AMOUNT A RETIRED MEMBER WHO RETURNS TO COVERED EMPLOYMENT MAY EARN WITHOUT AFFECTING HIS BENEFITS FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO EIGHT THOUSAND DOLLARS; TO AMEND SECTION 1-11-65, RELATING TO APPROVAL OF REAL PROPERTY TRANSACTIONS BY THE BUDGET AND CONTROL BOARD, SO AS TO ELIMINATE EXEMPTIONS; TO AMEND SECTION 12-35-110, AS AMENDED, RELATING TO THE DEFINITION OF THE TERMS "SALE AT RETAIL" AND "RETAIL SALE", SO AS TO EXCLUDE FROM SUCH DEFINITION ALL SALES OF TANGIBLE PERSONAL PROPERTY AND COMPONENTS, TO MANUFACTURERS OR CONTRACTORS FOR USE IN PERFORMANCE OF A CONSTRUCTION CONTRACT, WHERE SUCH PROPERTY OR COMPONENTS ARE PROCESSED, FABRICATED, OR MANUFACTURED IN THE STATE AND TRANSPORTED TO, ASSEMBLED, INSTALLED, OR ERECTED AT JOB SITES OUTSIDE THE STATE AND THEREAFTER USED SOLELY OUTSIDE THE STATE; AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL SALES MADE ON OR AFTER JANUARY 1, 1983; TO AMEND ARTICLE 9, CHAPTER 9, TITLE 11, OF THE 1976 CODE, RELATING TO PROJECTING AND FORECASTING STATE REVENUES AND EXPENDITURES BY ADDING SECTION 11-9-890, SO AS TO REQUIRE, BEGINNING AUGUST 15, 1986, THE BOARD OF ECONOMIC ADVISORS TO DELINEATE THE OFFICIAL FISCAL YEAR 1986-87 REVENUE ESTIMATES BY QUARTERS; AND TO PROVIDE THAT IF AT THE END OF THE FIRST OR SECOND QUARTERS OF ANY FISCAL YEAR QUARTERLY REVENUE COLLECTIONS ARE FOUR PERCENT OR MORE BELOW THE AMOUNT PROJECTED BY THE BOARD OF ECONOMIC ADVISORS, THE BUDGET AND CONTROL BOARD, WITHIN FIFTEEN DAYS OF THAT DETERMINATION, SHALL TAKE ACTION TO AVOID A YEAR-END DEFICIT; TO AMEND SECTION 11-11-310, RELATING TO LIMITATIONS ON ANNUAL APPROPRIATIONS AND THE CAPITAL EXPENDITURE FUND, SO AS TO REVISE THE AMOUNTS WHICH MUST BE APPROPRIATED EACH YEAR IN THE ANNUAL GENERAL APPROPRIATIONS ACT INTO THE CAPITAL EXPENDITURE FUND AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD IN MANDATING SPENDING CUTS TO MEET A PROJECTED DEFICIT DURING ANY FISCAL YEAR MUST FIRST REDUCE APPROPRIATIONS TO THE CAPITAL EXPENDITURE FUND FOR THAT YEAR BEFORE MANDATING ANY CUTS IN OPERATING APPROPRIATIONS.

(R625) H. 2532 -- Reps. Beasley, J. Rogers, Gentry, Huff, J. Anderson, Toal, Sheheen, Lewis and Short: AN ACT TO AMEND CHAPTER 42, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT SO AS TO ADOPT A SHORT FORM NOTICE FILING CERTIFICATION INSTEAD OF THE LONG FORM CERTIFICATE; EXPAND THE INFORMATION THAT MUST BE KEPT ON FILE IN THE PLACE OF BUSINESS OF THE PARTNERSHIP; EXPAND THE "SAFE HARBOR" POWERS OF LIMITED PARTNERS SO AS TO ENABLE LIMITED PARTNERS TO BARGAIN FOR GREATER VOTING POWERS; TO PROVIDE THAT ADDITIONAL GENERAL PARTNERS MAY BE ADDED WITH LESS THAN UNANIMOUS CONSENT BY THE OTHER PARTNERS; TO PROVIDE FOR A "SAFE HARBOR" PROCEDURE BY WHICH LIMITED PARTNERSHIPS MAY BE MERGED; PROVIDE A "SAFE HARBOR" LIST OF ACTIVITIES A FOREIGN CORPORATION CAN CONDUCT IN THIS STATE WITHOUT BEING REQUIRED TO REGISTER AS A FOREIGN CORPORATION; TO REQUIRE EACH LIMITED PARTNERSHIP TO KEEP A CURRENT LIST AND FULL NAME AND LAST KNOWN MAILING ADDRESS INSTEAD OF BUSINESS ADDRESS OF EACH PARTNER; TO CLARIFY THE USE OF THE ABBREVIATION LP OR L.P. BY LIMITED PARTNERSHIPS; TO REQUIRE FOREIGN LIMITED PARTNERSHIPS TO REGISTER IN THIS STATE TO USE A NAME THAT CAN BE USED BY A LIMITED PARTNERSHIP FORMED IN THIS STATE; TO PROVIDE A REVISED ASSUMED NAME FILING REQUIREMENT APPLICABLE TO LIMITED PARTNERSHIPS FORMED IN THIS STATE; TO ESTABLISH A FEE SCHEDULE FOR FILING LIMITED PARTNERSHIP CERTIFICATES AND OBTAINING COPIES OF CERTIFICATES AND AMENDMENTS; AND TO MAKE TECHNICAL MODIFICATIONS AND CLARIFY AMBIGUITIES; TO AMEND ARTICLE 1 OF CHAPTER 5 OF TITLE 15 BY ADDING SECTION 15-5-45 SO AS TO AUTHORIZE THE PARTNERS OF ANY PARTNERSHIP FORMED UNDER THE LAWS OF THIS STATE TO SUE AND BE SUED IN THEIR OWN NAME; TO AMEND SECTION 33-41-170, RELATING TO THE LIABILITY OF PARTNERS OF PARTNERSHIPS FORMED UNDER THE UNIFORM PARTNERSHIP ACT, SO AS TO DELETE THE PROVISIONS WHICH MAKE PARTNERS JOINTLY AND SEVERALLY LIABLE FOR EVERYTHING CHARGEABLE TO THE PARTNERSHIP UNDER THE PROVISIONS OF SECTIONS 33-41-350 (WRONGFUL ACT OR OMISSION) AND 33-41-360 (BREACH OF TRUST) AND JOINTLY FOR ALL OTHER DUTIES AND OBLIGATIONS OF THE PARTNERSHIP AND THE PROVISIONS WHICH AUTHORIZE ANY PARTNER TO ENTER INTO A SEPARATE OBLIGATION TO PERFORM A PARTNERSHIP CONTRACT; AND TO ESTABLISH TRANSITION PROVISIONS WHICH GOVERN ALL LIMITED PARTNERSHIPS FORMED BEFORE JUNE 27, 1984.

At 5:30 P.M. the House resumed, the SPEAKER in the Chair.

The Senate returned to the House with amendments the following:

S. 1376 -- Senators Williams, Moore, Nell W. Smith, Courson and Fielding: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY CONVENES ON THURSDAY, JUNE 5, 1986, IT IS AUTHORIZED TO GO BEYOND THE 5:00 P.M. ADJOURNMENT HOUR, THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON JUNE 5, 1986, IT SHALL STAND ADJOURNED TO MEET ON JUNE 10, 11, 12, 16, 17, AND 18, 1986, FOR CERTAIN LOCAL UNCONTESTED MATTERS AND RESOLUTIONS, THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON JUNE 18, 1986, IT SHALL STAND ADJOURNED TO MEET IN REGULAR SESSION ON THURSDAY, JUNE 19, 1986, FOR THE CONSIDERATION OF CERTAIN MATTERS, AND THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, JUNE 19, 1986, NO LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED SINE DIE.

The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.

The SPEAKER stated that questions had been raised as to the procedure which would be used to handle local legislation between adjournment today and Sine Die adjournment. He stated that for local legislation to be passed, it would require unanimous consent of all members of a delegation, as specified in the Sine Die resolution.

Rep. T.M. BURRISS raised the Point of Order that all actions taken after 5:00 p.m. were out of order as the Sine Die resolution adopted specified adjournment at 5:00 p.m.

The SPEAKER stated the Point came too late.

The following was received.
Columbia, S. C., June 5, 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. 1264:

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.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 112

Received as information.

The following was received.
Columbia, S.C., June 5, 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. 2161:

H. 2161 -- Rep. Aydlette: A BILL TO AMEND ACT 462 OF 1978, AS AMENDED, RELATING TO SPECIAL PARKING PRIVILEGES FOR HANDICAPPED PERSONS, SO AS TO PROVIDE THAT EACH APPLICATION IN PERSON AND BY MAIL BY A HANDICAPPED PERSON FOR A DISTINGUISHING LICENSE PLATE OR PLACARD TO BE USED FOR SPECIAL PARKING PRIVILEGES MUST BE ACCOMPANIED BY A LICENSED PHYSICIAN'S CERTIFICATE THAT THE APPLICANT IS TEMPORARILY OR PERMANENTLY HANDICAPPED, TO ALLOW THE PHYSICIAN TO DETERMINE THE LENGTH OF TIME FOR WHICH THE LICENSE PLATE OR PLACARD MAY BE ISSUED, AND TO PROVIDE THAT NO LICENSE PLATE OR PLACARD MAY BE DENIED IF THE APPLICATION IS FILLED OUT CORRECTLY AND ACCOMPANIED BY THE CERTIFICATE AND IF THE APPLICANT FOLLOWS THE PROCEDURES ESTABLISHED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Very respectfully,
President

No. 116

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 5, 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. 3929:

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.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 114

Received as information.

The following was received.
Columbia, S.C., June 5, 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 S. 1327:

S. 1327 -- Senators Branton and Matthews: A BILL TO PROVIDE FOR TWO ADDITIONAL MAGISTRATES IN DORCHESTER COUNTY.
Very respectfully,
President

No. 115

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 Senate returned to the House with concurrence the following:

H. 3969 -- Rep. Barfield: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE AND HOUSE CHAMBERS OCTOBER 29 THROUGH NOVEMBER 2, 1986, FOR ITS ANNUAL MEETING.

H. 4000 -- Reps. Edwards, Schwartz, S. Anderson, Mangum, P. Harris, Carnell, Dangerfield, Alexander, Altman, J. 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.D. Burriss, M.D. Burriss, T.M. Burriss, Chamblee, Cleveland, Cooper, Cork, Davenport, Day, Derrick, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, Hendricks, L. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, 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 EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO WALKER P. RAGIN, CHIEF COMMISSIONER OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, FOR HIS MANY YEARS OF DEDICATED AND EFFICIENT SERVICE TO THE DEPARTMENT AND THE CITIZENS OF THIS STATE.

H. 4001 -- Reps. Edwards, Schwartz, S. Anderson, Mangum, Hearn, Carnell, Dangerfield, Alexander, Altman, J. 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.D. Burriss, M.D. Burriss, T.M. Burriss, Chamblee, Cleveland, Cooper, Cork, Davenport, Day, Derrick, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Helmly, Hendricks, L. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, 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 COMMEND EMORY P. AUSTIN, JR., DIRECTOR OF THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, FOR HIS OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA UPON HIS RETIREMENT.

H. 4004 -- Reps. Toal, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE S. RHEA HASKELL, A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES FROM RICHLAND COUNTY, UPON HIS DEATH.

H. 4006 -- Reps. L. Martin, Edwards, Neilson, Klapman, Cork, Sharpe, P. Bradley, J.W. Johnson, Schwartz, Day, Limehouse, H. Brown, Petty, Kay, Dangerfield, J.C. Johnson, Townsend, Chamblee, Thrailkill, Harvin, Tucker, P. Harris, Lockemy and Mattos: A CONCURRENT RESOLUTION AUTHORIZING THE CRAFTED WITH PRIDE FLAG TO BE FLOWN FROM THE FLAGSTAFF ON THE DOME OF THE STATE HOUSE DURING THE WEEK OF OCTOBER 18-26 WHICH IS PROCLAIMED BY GOVERNOR RICHARD W. RILEY AS TEXTILE WEEK 1986.

H. 4007 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO COMMEND THE GAITHER FAMILY UPON THE OCCASION OF THE GAITHER FAMILY REUNION WHICH IS TO BE HELD IN CAMDEN FROM JULY FOURTH TO JULY SIXTH.

H. 4008 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO COMMEND THE JAMES FAMILY UPON THE OCCASION OF THE JAMES FAMILY REUNION WHICH IS TO BE HELD IN CAMDEN FROM JULY FOURTH TO JULY SIXTH.

H. 4009 -- Reps. Harvin and Hearn: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE E. A. HALL, JR., OF COLUMBIA FOR HIS MANY YEARS OF UNSELFISH AND DEDICATED SERVICE AS A MEMBER OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.

At 5:35 P.M. the House in accordance with the motion of Rep. T. ROGERS adjourned out of memory and respect for the late S. Rhea Haskell to meet at 10:00 A.M. on Tuesday, June 10.

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