Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Heavenly Father, for the far-sighted efforts of our forefather which gave the blessings that we enjoy today. Forbid that we become so busy enjoying the fruit that we forget the tree from which it came. Help us, then, to appreciate always the past and to be so inspired by it as to live and labor today for a better tomorrow. May we never betray the past or penalize the future by our exploiting the present. Teach us that our achievements and accomplishments can be dwarfed because of the limit of our dreams and aspirations and lack of diligence in our use of today's opportunities.
Cause us to know that the hand of God that holds us is a hand that can be trusted. 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. HUFF.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The Senate returned to the House with amendments the following:
H. 3259--Rep. Schwartz: A CONCURRENT RESOLUTION TO AUTHORIZE MIDLANDS AREA ACADEMIC COMPETITION STEERING COMMITTEE TO USE THE SENATE AND HOUSE CHAMBERS ON SATURDAY, FEBRUARY 8, 1986, FROM 9:00 A.M. TO 5:00 P.M.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. WHITE moved to adjourn debate upon the Senate amendments to the following Bill, which was adopted.
H. 2438 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTIONS 43-5-30, 43-5-65, BOTH AS AMENDED, 43-5-95, AND 43-5-148, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC AID AND ASSISTANCE BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO PROVIDE FOR THE CORRECTION OF ANY OVERPAYMENT OR UNDERPAYMENT OF ASSISTANCE UNDER THE SOCIAL SECURITY ACT, TO DEFINE OVERPAYMENT AND UNDERPAYMENT, TO DELETE THE REQUIREMENT THAT THE CERTIFICATE OF ELIGIBILITY BE COMPLETED AND RETURNED WITHIN TEN DAYS TO THE DEPARTMENT OF SOCIAL SERVICES, TO GRANT AID TO A CHILD OVER THE AGE OF EIGHTEEN IF HE IS A FULL-TIME STUDENT IN A SECONDARY SCHOOL OR IN THE SAME LEVEL OF VOCATIONAL OR TECHNICAL TRAINING AND WILL COMPLETE THE PROGRAM BEFORE REACHING AGE NINETEEN, AND TO DESIGNATE THE DATE ON WHICH ASSISTANCE BEGINS.
Rep. TOAL moved to reconsider the vote whereby the House concurred in the Senate amendments to the following Resolution which was agreed to.
H. 3259 -- Rep. Schwartz: A CONCURRENT RESOLUTION TO AUTHORIZE MIDLANDS AREA ACADEMIC COMPETITION STEERING COMMITTEE TO USE THE SENATE AND HOUSE CHAMBERS ON SATURDAY, FEBRUARY 8, 1986, FROM 9:00 A.M. TO 5:00 P.M..
Rep. TOAL moved to adjourn debate upon the Senate amendments, which was adopted.
On motion of Rep. FERGUSON, with unanimous consent, the House stood in silent prayer in memory of Mr. Clyde Lake, Rep. LAKE'S brother.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 2818 -- Reps. Wilkins, Evatt, Beasley and Alexander: A BILL TO AMEND SUBARTICLE 3 OF ARTICLE 13 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S BUREAU, BY ADDING SECTION 20-7-2327 SO AS TO PROVIDE FOR THE PLACEMENT OF CHILDREN BY THE CHILDREN'S BUREAU; BY ADDING SECTION 20-7-2335 SO AS TO PROVIDE FOR THE REQUIREMENTS OF PLACEMENT; BY ADDING SECTION 20-7-2337 SO AS TO PROVIDE FOR THE CONTENTS OF RECORDS OF PLACEMENT; BY ADDING SECTION 20-7-2345 SO AS TO PROVIDE FOR THE CHILDREN'S BUREAU TO BE THE GUARDIAN OF CHILDREN COMMITTED TO ITS CARE AND TO REQUIRE THE CHILDREN'S BUREAU'S CONSENT TO ADOPTION OF THE CHILDREN; BY ADDING SECTION 20-7-2355 SO AS TO PROVIDE FOR THE REQUIREMENTS RELATING TO REMOVAL OF CHILDREN FROM THE BIOLOGICAL MOTHER; AND BY ADDING SECTION 20-7-2365 SO AS TO REQUIRE NOTIFICATION TO THE CHILDREN'S BUREAU OF CHILDREN BROUGHT INTO THIS STATE AND REPORTS ON THE LOCATION AND WELL-BEING OF THE CHILDREN; TO AMEND SUBARTICLE 7 OF ARTICLE 11 OF CHAPTER 7 OF TITLE 20, RELATING TO ADOPTION, SO AS TO PROVIDE FOR THE SUBARTICLE TO BE CITED AS THE SOUTH CAROLINA ADOPTION ACT; TO ESTABLISH THE PURPOSE OF THE SUBARTICLE; TO DEFINE TERMS; TO SET FORTH NEW PROVISIONS AS TO WHO MAY ADOPT A CHILD; TO DELETE THE PROVISIONS DETAILING CERTAIN REQUIREMENTS OF ADOPTION PROCEEDINGS; TO PROVIDE FOR THE FAMILY COURT TO HAVE EXCLUSIVE JURISDICTION OVER ADOPTION PROCEEDINGS AND WHERE THE PROCEEDINGS MAY BE BROUGHT; TO PROVIDE WHO SHALL GIVE CONSENT OR RELINQUISHMENT FOR THE PURPOSE OF ADOPTION; TO PROVIDE WHO MUST BE GIVEN NOTICE OF ADOPTION PROCEEDINGS AND FOR THE REQUIREMENTS OF THE NOTICE; TO PROVIDE FOR NOTICE OF INTENT TO CONTEST, INTERVENE, OR OTHERWISE RESPOND; TO PROVIDE FOR THE ASSESSMENT OF ALL COSTS, NOT ONLY INCIDENTAL COSTS, FOR THE RELEASE OF A CHILD; TO PROVIDE WHO IS NOT REQUIRED TO GIVE CONSENT OR RELINQUISHMENT; TO REQUIRE CONSENTS OR RELINQUISHMENTS TO BE MADE BY A SWORN DOCUMENT TO BE FILED IN COURT, FOR THE SPECIFICATIONS OF THE DOCUMENT, AND FOR WITNESSING OF THE DOCUMENT; TO PROVIDE WHEN CONSENTS OR RELINQUISHMENTS MAY BE GIVEN; TO ALLOW WITHDRAWAL OF CONSENTS OR RELINQUISHMENTS AND TO REQUIRE FILING IN COURT OF REASONS FOR WITHDRAWAL; TO DELETE THE REFERENCES TO INTERLOCUTORY ADOPTION DECREE; TO DELETE THE REQUIREMENT THAT ADOPTION PETITIONS MUST BE FILED IN DUPLICATE; TO PROVIDE FOR THE CONTENTS OF AN ADOPTION PETITION AND THE INFORMATION WHICH MUST BE FILED WITH THE PETITION; TO PROVIDE FOR APPOINTMENT OF A GUARDIAN AD LITEM; TO PROVIDE WHO IS NOT ENTITLED TO NOTICE OF ADOPTION PROCEEDINGS; TO PROVIDE FOR THE ESTABLISHMENT OF THE PUTATIVE FATHER REGISTRY BY THE CHILDREN'S BUREAU, WHO IS INCLUDED IN THE REGISTRY, FOR REQUIREMENTS OF THE REGISTRY, AND FOR THE PROMULGATION OF REGULATIONS RELATING TO THE REGISTRY; TO PROVIDE FOR TEMPORARY CUSTODY OF THE ADOPTEE; TO PROVIDE NEW REQUIREMENTS FOR THE CONTENTS OF REPORTS ON PREPLACEMENT, BACKGROUND, AND POSTPLACEMENT INVESTIGATIONS, WHICH MUST BE COMPLETED PRIOR TO THE FINAL HEARING FOR ADOPTION OF A CHILD; TO DELETE THE PROVISIONS SETTING FORTH ADOPTION REQUIREMENTS WHEN THE CHILD IS RELATED BY BLOOD OR MARRIAGE TO THE PETITIONER OR IS THE STEPCHILD OF THE PETITIONER; TO REQUIRE CERTIFICATION OF ANY PERSON INVESTIGATING THE ADOPTION OF A CHILD OR OBTAINING A CONSENT OR RELINQUISHMENT, PROVIDE FOR PROMULGATION OF REGULATIONS RELATING TO CERTIFICATION, ALLOW CERTIFIED PERSONS TO CHARGE FEES, AND PROVIDE FOR A DIRECTORY OF CERTIFIED PERSONS; TO PROVIDE NEW REQUIREMENTS FOR FINAL HEARINGS ON ADOPTION PETITIONS; TO PROVIDE FOR THE CONDITIONS UNDER WHICH ADOPTIONS MAY BE GRANTED; TO PROVIDE FOR THE REQUIREMENTS OF THE CONTENTS OF AN ADOPTION DECREE; TO PROVIDE FOR THE EFFECTS OF AN ADOPTION DECREE ON THE ADOPTEE, THE ADOPTIVE PARENT, AND THE BIOLOGICAL PARENTS OF THE ADOPTEE; TO REQUIRE AN ACCOUNTING OF DISBURSEMENTS MADE IN CONNECTION WITH THE ADOPTION, WHICH MUST BE VERIFIED BY THE PETITIONER, AND PROVIDE FOR ITS CONTENTS; TO REQUIRE THE CONFIDENTIALITY OF PAPERS AND RECORDS PERTAINING TO THE ADOPTION; TO PROVIDE FOR ADDITIONAL NONIDENTIFYING INFORMATION WHICH MAY BE DISCLOSED; TO PROVIDE FOR APPEALS AS IN OTHER FAMILY COURT MATTERS INSTEAD OF CIVIL MATTERS; AND TO PROVIDE FOR THE REQUIREMENTS RELATING TO THE ADOPTION OF A SPOUSE'S CHILD AND ADULTS; AND TO REPEAL SECTIONS 20-7-1830 THROUGH 20-7-1890, RELATING TO THE CHILDREN'S BUREAU.
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Municipal Association of South Carolina for reception, February 12, 1986, 6:30 P.M., at the Carolina Inn.
The invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 861 -- Senators Garrison, Doar, Land, E. Patterson, Peeler, Powell, Horace C. Smith, J. Verne Smith, Theodore, Williams and Pope: A CONCURRENT RESOLUTION TO REQUEST CLEMSON UNIVERSITY AND THE STATE DEPARTMENT OF AGRICULTURE TO MAKE A STUDY OF THE FEASIBILITY OF ESTABLISHING AN UPSTATE WHOLESALE FARMERS MARKET.
On motion of Rep. BARFIELD, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 861 -- Senators Garrison, Doar, Land, E. Patterson, Peeler, Powell, Horace C. Smith, J. Verne Smith, Theodore, Williams and Pope: A CONCURRENT RESOLUTION TO REQUEST CLEMSON UNIVERSITY AND THE STATE DEPARTMENT OF AGRICULTURE TO MAKE A STUDY OF THE FEASIBILITY OF ESTABLISHING AN UPSTATE WHOLESALE FARMERS MARKET.
Whereas, the General Assembly believes that Clemson University and the State Department of Agriculture should conduct a feasibility study on the establishment of an Upstate Wholesale Farmers Market in the Piedmont section of the State; and
Whereas, it is believed by the members that the establishment of an Upstate Wholesale Farmers Market, adjacent or close to the interstate highway system, would be of great benefit to the farmers of the State by providing a viable market for farm products; and
Whereas, the market would also be greatly beneficial to citizens of this State who are involved in the grocery trade, in restaurant or other food service businesses, and who purchase farm produce and products for governmental and private institutions such as public and private schools, colleges, universities, correctional institutions, mental health and mental retardation facilities; and
Whereas, while the market would be a facility for wholesale purchases and sales, it would also serve a useful purpose in the last analysis by providing wholesome fresh produce and other farm products for consumers at the retail level. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Clemson University and the State Department of Agriculture are urged to conduct a study of the feasibility of establishing an Upstate Wholesale Farmers Market in the Piedmont section of this State, adjacent or close to the interstate highway system, to benefit the citizens of this State and farmers in particular.
The Concurrent Resolution was adopted and ordered returned to the Senate.
On motion of Rep. AYDLETTE, with unanimous consent, the following was taken up for immediate consideration:
H. 3400 -- Reps. Aydlette, Winstead, Foxworth, Rawl and Holt: A HOUSE RESOLUTION TO INVITE MR. WILLIAM HENDERSON TANNER, JR., OF JAMES ISLAND, WHO DISTINGUISHED HIMSELF IN A JOINT FBI-NAVY COUNTERINTELLIGENCE OPERATION THAT LED TO THE APPREHENSION OF AN EAST GERMAN SPY, TO ADDRESS THE HOUSE OF REPRESENTATIVES AT 2:30 P.M. ON WEDNESDAY, FEBRUARY 19, 1986.
Be it resolved by the House of Representatives:
That Mr. William Henderson Tanner, Jr., of James Island, who distinguished himself in a joint FBI-Navy counterintelligence operation that led to the apprehension of an East German spy, is invited to address the House of Representatives at 2:30 P.M. on Wednesday, February 19, 1986.
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 3401 -- Rep. Hearn: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 12, 1986, AS "CRIPPLED CHILDREN'S DAY", TO ENDORSE THE "B.A.C. COFFEE DAY FOR CRIPPLED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 12, 1986, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
Whereas, the Easter Seal Society has again embarked upon its most worthwhile project to raise funds for crippled children, culminating in the thirty-fourth annual "B.A.C. Coffee Day for Crippled Children" in South Carolina on Friday, March 28, 1986; and
Whereas, under the statewide leadership of Roger B. Whaley, State Easter Seal President, and The Honorable John T. Campbell, State Campaign Chairman, ably assisted by J. H. Lanier, State President and James K. Wilson, "B.A.C." Project Chairman, both from the South Carolina Law Enforcement Officers' Association, and Dick Wildman, State President, and Harold L. Corley, "B.A.C." Project Chairman, both from the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving crippled children and assist them in overcoming their handicaps; and
Whereas, the "B.A.C." buttons will go on sale on Friday, March 14, 1986; and
Whereas, the "B.A.C." project and all other programs of the Easter Seal Society deserve the support and merit the praise of all the citizens of the State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That Wednesday, March 12, 1986, is designated "Crippled Children's Day" in South Carolina and that Channa and Chantalle Brisbon, daughters of Mrs. Brenda Brisbon of Charleston County, Brian Heard, son of Mr. and Mrs. Eldon Heard of Lexington County, Lamar Ingram of Richland County, and Jack Kenneth Wilson, son of Jack and Joy Wilson of Greenville County, who have been chosen to serve as State Easter Seal Representatives to represent all of our crippled children, be presented to the General Assembly, along with their parents, in a joint session in the Hall of the House of Representatives on Wednesday, March 12, 1986, at 12:00 Noon.
Be it further resolved that the General Assembly extends to the Easter Seal Society and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate activities on behalf of those who are so deserving of help.
Be it further resolved that a copy of this resolution be forwarded to Herman L. Shealy, Jr., Executive Director of the Easter Seal Society, for distribution to the state chairmen of the various phases of the Easter Seal campaign and the "B.A.C." project, as well as to the State Easter Seal Representatives themselves.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 3402 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DALE RENAUD, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 26, 1986.
Be it resolved by the House of Representatives, the Senate concurring:
That the Honorable Dale Renaud, National Commander of the American Legion, is invited to address the General Assembly in joint session in the Hall of the House of Representatives at 12:00 noon on Wednesday, March 26, 1986.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 929 -- Labor, Commerce and Industry Committee: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND JAMES RUDOLPH "RUDY" BROWN, RESEARCH DIRECTOR FOR THE SENATE LABOR, COMMERCE AND INDUSTRY COMMITTEE AND TO EXTEND OUR BEST WISHES AS RUDY ASSUMES HIS NEW DUTIES AND RESPONSIBILITIES WITH THE ENVIRONMENTAL PROTECTION AGENCY IN WASHINGTON, D.C.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3415 -- Reps. Foxworth, Aydlette, J. Bradley, Dangerfield, Holt, Kohn, D. Martin, Rawl, Washington, Winstead, H. Brown, Day, Helmly, Williams, G. Bailey and Limehouse: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND NATHAN S. ADDLESTONE OF CHARLESTON FOR HIS MONUMENTAL AND UNSELFISH AND UNTIRING EFFORTS AS A PRIVATE CITIZEN IN PROMOTING AND ENHANCING THE EDUCATIONAL OPPORTUNITIES FOR THE CITIZENS OF CHARLESTON, BERKELEY, AND DORCHESTER COUNTIES BY FOSTERING, MAINTAINING, AND EXPANDING THE FACILITIES AND PRESTIGE OF TRIDENT TECHNICAL COLLEGE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3416 -- Rep. Hawkins: A CONCURRENT RESOLUTION COMMENDING MRS. ROSA LEE LEAKE OF WOODRUFF FOR HER OUTSTANDING SERVICE TO THE RESIDENTS OF THE WOODRUFF AREA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3403 -- Reps. Hearn, L. Martin, P. Bradley, Petty, Taylor and Alexander: A BILL TO AMEND SECTION 42-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "COMMISSION" UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO CHANGE THE NAME OF THE COMMISSION FROM THE SOUTH CAROLINA INDUSTRIAL COMMISSION TO THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-3-10, RELATING TO THE CREATION AND THE DEPARTMENTS OF THE INDUSTRIAL COMMISSION, SO AS TO REFER THEREIN TO THE WORKERS' COMPENSATION COMMISSION IN ACCORDANCE WITH THE NAME CHANGE; TO PROVIDE THAT ANY OTHER REFERENCE IN THE 1976 CODE OR OTHER STATUTES TO THE "SOUTH CAROLINA INDUSTRIAL COMMISSION" OR "INDUSTRIAL COMMISSION" IS CHANGED TO THE "SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION"; AND TO PROVIDE THAT STATE AGENCIES AND DEPARTMENTS AND POLITICAL SUBDIVISIONS OF THE STATE SHALL EXHAUST THE USE OF ALL CURRENT FORMS, STATIONERY, AND OTHER PRINTED MATERIAL BEFORE USING, PRINTING, OR PREPARING ANY NEW FORMS, STATIONERY, OR PRINTED MATERIAL REFLECTING THE CHANGE MADE IN THIS ACT.
Referred to Committee on Labor, Commerce and Industry.
H. 3404 -- Reps. T. Rogers, Washington, Harvin, McAbee, Holt, Elliott, Keyserling, Blackwell, McBride, K. Bailey, Faber, Toal, Barfield, Mitchell, Boan, Neilson, Gordon, Moss, Kirsh, D. Martin, Waldrop, Cooper, Cleveland, Altman and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 IN TITLE 7 SO AS TO ENACT THE SOUTH CAROLINA CODE OF FAIR CAMPAIGN PRACTICES, TO PROVIDE FOR ITS ENFORCEMENT BY THE STATE ELECTION COMMISSION, AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 3405 -- Reps. J. Bradley and Felder: A BILL TO AMEND SECTION 56-5-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR CERTAIN VEHICLES TO STOP AT ALL RAILROAD GRADE CROSSINGS, SO AS TO REVISE THE TYPES OF VEHICLES THAT ARE REQUIRED TO STOP AT ALL RAILROAD GRADE CROSSINGS.
Referred to Committee on Education and Public Works.
H. 3406 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LICENSE BY ENDORSEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 515, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
H. 3407 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR THE WRITTEN EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 514, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
H. 3408 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MENTAL RETARDATION, RELATING TO LICENSING CENTERS SERVING THE DEVELOPMENTALLY DISABLED, DESIGNATED AS REGULATION DOCUMENT NUMBER 637, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
H. 3409 -- Reps. Mangum, Kirsh, McTeer and Elliott: A BILL TO AMEND SECTIONS 12-7-20, AS AMENDED, 12-7-430, 12-7-435, 12-7-450, 12-7-455, 12-7-618, 12-7-2410, AND 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 101 OF 1985, ALL RELATING TO THE STATE INCOME TAX, SO AS TO MAKE TECHNICAL CORRECTIONS AND CORRECT REFERENCES FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX FEDERAL CONFORMING AMENDMENTS OF 1985, AND TO REDESIGNATE SECTION 12-35-1125 AS SECTION 12-35-1127 OF THE 1976 CODE, SO AS TO CORRECT THE DUPLICATION OF A DESIGNATION.
Referred to Committee on Ways and Means.
H. 3410 -- Reps. Mangum, Kirsh, McTeer and Elliott: A JOINT RESOLUTION EXEMPTING FROM THE DOCUMENTARY STAMP TAXES IMPOSED BY SECTIONS 12-21-370 AND 12-21-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, LEASES ENTERED INTO DURING 1985 IN SITUATIONS WHERE THE STATE OWNS REAL PROPERTY AND AUTHORIZES ANOTHER PERSON TO ERECT IMPROVEMENTS ON THE REAL PROPERTY.
Referred to Committee on Ways and Means.
H. 3411 -- Reps. Mangum, Kirsh, McTeer and Elliott: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY FOR THE SPECIAL ASSESSMENT FOR AGRICULTURAL REAL PROPERTY UNLESS IN THE CASE OF TIMBERLAND THE TRACT IS FIVE ACRES OR MORE, OR IN THE CASE OF FARM LAND, THE TRACT IS TEN ACRES OR MORE OR IN THE CASE OF TRACTS OF LESS THAN TEN ACRES, THERE IS GROSS FARM INCOME OF AT LEAST ONE THOUSAND DOLLARS IN THREE OF THE FIVE YEARS PRECEDING THE YEAR OF APPLICATION FOR THE ASSESSMENT, TO MAKE NEW OWNERS OF LESS THAN TEN ACRE TRACTS ELIGIBLE FOR THE SPECIAL ASSESSMENT SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATIONS, TO PROVIDE FOR THE SPECIAL ASSESSMENT FOR TENANT FARMERS, LEASE, OR RENTAL OPERATIONS, TO REQUIRE THE FILING OF FEDERAL INCOME TAX FARM INCOME SCHEDULES WITH THE APPLICATIONS FOR THE SPECIAL ASSESSMENT, AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR THE SPECIAL ASSESSMENT BY THE PROVISIONS OF THIS ACT.
Referred to Committee on Ways and Means.
H. 3412 -- Reps. Mangum, Kirsh, McTeer and Elliott: A BILL TO AMEND SECTION 12-3-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR OBTAINING PROPERTY TAX EXEMPTION, SO AS TO PROVIDE FOR A FILING PERIOD FROM JANUARY FIRST TO APRIL FIFTEENTH FOR PROPERTY OWNED ON DECEMBER THIRTY-FIRST OF THE PREVIOUS YEAR AND TO CLARIFY FILING PROCEDURES FOR VARIOUS EXEMPT ENTITIES.
Referred to Committee on Ways and Means.
H. 3413 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND CHAPTER 1, TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVIDENCE BY ADDING SECTION 19-1-170 SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE THAT IS A MATERIAL ELEMENT TO CERTAIN CRIMES MAY BE ADMITTED INTO EVIDENCE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary.
H. 3414 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND CHAPTER 17, TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF WITNESSES BY DEPOSITIONS BY ADDING SECTION 19-17-100 SO AS TO PERMIT THE TAKING OF A VIDEOTAPE DEPOSITION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF AN UNLAWFUL SEXUAL OFFENSE IN CERTAIN CASES, TO PROVIDE THE PROCEDURES TO BE USED IN THESE VIDEOTAPE DEPOSITIONS, AND TO AUTHORIZE THE ADMISSION INTO EVIDENCE OF THIS DEPOSITION AT TRIAL UNDER CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
S. 923 -- Judiciary Committee: A BILL TO AMEND SECTION 14-3-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE TO BE CHARGED FOR THE DOCKETING OF CIVIL CASES IN THE SUPREME COURT SO AS TO PROVIDE THAT THIS FEE IS DUE UPON THE FILING OF THE NOTICE OF INTENT TO APPEAL AND TO AMEND SECTION 18-9-300 RELATING TO THE FEE TO BE CHARGED FOR ATTACHING A COPY OF THE SUPREME COURT'S OPINION TO A JUDGMENT SO AS TO PROVIDE THAT THIS FEE IS DUE AT THE TIME OF THE FILING OF THE NOTICE OF INTENT TO APPEAL AND TO DELETE CERTAIN LANGUAGE IN THIS SECTION PERTAINING TO THE PARTY RESPONSIBLE FOR PAYING THIS FEE.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Anderson, J. Anderson, S. Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Blatt Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Day Derrick Elliott Evatt Faber Fair Felder Ferguson Foxworth Gentry Gilbert Gordon Griffin Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lake Lewis Limehouse Lockemy Mangum Marchant Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Moss Neilson Nettles Ogburn Pearce Petty Phillips, O. Rhoad Rice Rigdon Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Snow Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on February 4, 1986.
R. Linwood Altman Eugene C. Stoddard Tom G. Woodruff, Jr. James C. Johnson
LEAVES OF ABSENCE
The SPEAKER granted Rep. DAVENPORT a leave of absence for the day due to illness.
The SPEAKER granted Reps. EDWARDS and RHOAD a temporary leave of absence.
The SPEAKER granted Rep. MITCHELL a leave of absence for the day.
I was not present during the Session but arrived in time to attend the Committee meetings on February 4, 1986.
Lloyd Hendricks Palmer Freeman
Samuel Foster Lewis Phillips
Jack V. Gregory
Rep. WHITE moved to reconsider the vote whereby debate was adjourned on the Senate Amendments to the following Bill which was agreed to.
H. 2438 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTIONS 43-5-30, 43-5-65, BOTH AS AMENDED, 43-5-95, AND 43-5-148, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC AID AND ASSISTANCE BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO PROVIDE FOR THE CORRECTION OF ANY OVERPAYMENT OR UNDERPAYMENT OF ASSISTANCE UNDER THE SOCIAL SECURITY ACT, TO DEFINE OVERPAYMENT AND UNDERPAYMENT, TO DELETE THE REQUIREMENT THAT THE CERTIFICATE OF ELIGIBILITY BE COMPLETED AND RETURNED WITHIN TEN DAYS TO THE DEPARTMENT OF SOCIAL SERVICES, TO GRANT AID TO A CHILD OVER THE AGE OF EIGHTEEN IF HE IS A FULL-TIME STUDENT IN A SECONDARY SCHOOL OR IN THE SAME LEVEL OF VOCATIONAL OR TECHNICAL TRAINING AND WILL COMPLETE THE PROGRAM BEFORE REACHING AGE NINETEEN, AND TO DESIGNATE THE DATE ON WHICH ASSISTANCE BEGINS.
Rep. WHITE explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. TOAL moved to waive Rule 6.1.
The motion to waive Rule 6.1 was rejected by a division vote of 44 to 46.
Rep. McTEER inquired of the Chair whether the proviso in Rule 6.1 which provided for the House receding automatically at 12:30 p.m. was applicable during the first six weeks, where provision is made for the House to adjourn by 2:00 p.m. on Tuesdays.
The SPEAKER stated he was correct and the House may be in session until 2:00 p.m.
Rep. WINSTEAD stated that the sequence of provisos provides that the fourth proviso, which provides for the 12:30 p.m. recession would take precedence over the second proviso, which provides for the House adjournment by 2:00 p.m. on Tuesdays.
Rep. TOAL argued that the 12:30 p.m. proviso would not apply as the House was on Special Orders.
The SPEAKER stated that the House has not yet reached the Special Orders, so that point was not relevant. The SPEAKER then reversed his previous statement, and stated that the fourth proviso was applicable in all circumstances. He then stated that as the House had rejected the waiving of the 12:30 proviso, the House will be receding at 12:30 p.m.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 770 -- Senator Bryan: A BILL TO AMEND ACT 6 OF 1959, RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 55 IN LAURENS COUNTY, SO AS TO REVISE THE ATTENDANCE AREAS IN WHICH CERTAIN MEMBERS OF THE BOARD MUST RESIDE.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 871 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY SO AS TO REVISE AND FURTHER PROVIDE FOR THESE PRECINCTS.
On motion of Rep. J.W. JOHNSON, with unanimous consent, it was ordered that S. 871 be read the third time tomorrow.
Rep. SNOW moved to adjourn debate upon the following Bill, which was adopted.
H. 3337 -- Agriculture and Natural Resources Committee: A BILL TO REPEAL SECTIONS 39-19-240, 39-19-250, 39-19-260, 39-19-270, AND 39-19-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF TOBACCO WAREHOUSEMEN.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 2141 -- Rep. Schwartz: A BILL TO AMEND SECTION 42-19-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO MAKE REQUIRED REPORTS IN WORKERS' COMPENSATION CLAIMS, SO AS TO CHANGE THE MAXIMUM AMOUNT OF THE PENALTY FROM FIFTY DOLLARS TO TWO HUNDRED FIFTY DOLLARS.
H. 2418 -- Reps. Beasley, J. Rogers, Elliott, McBride, Faber, Woodruff, T. Rogers, Keyserling, Thrailkill, R. Brown, Evatt, Taylor, Bennett, Hayes, Foster, J. Anderson, Sturkie, Gilbert, Mitchell, Toal, Hearn, Waldrop, Harvin, Woods, Washington, G. Brown, Limehouse, J.W. Johnson, McLeod, Stoddard, Williams, Shelton, Griffin, Foxworth, Davenport, G. Bailey, D. Martin, Mattos and McKay: A BILL TO AMEND SECTIONS 17-3-30 AND 17-3-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION OF THE COUNTY WHEREIN HE IS BEING REPRESENTED IF ONE EXISTS, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.
Rep. TOAL moved to adjourn debate upon the following Bill, which was adopted.
H. 3279 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE FUNDS FOR PRISON CONSTRUCTION AND RENOVATIONS REQUIRED BY THE NELSON SETTLEMENT, TO PROVIDE THAT A COMBINATION OF CAPITAL FUND MONIES AND GENERAL OBLIGATION BONDS MUST BE USED FOR THE FUNDS, AND TO REQUIRE THE FUNDS TO BE RELEASED PURSUANT TO THE NELSON SETTLEMENT DEADLINES; TO AMEND SECTION 11-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE BONDS AND THE LIMITATION OF GENERAL REVENUES WHICH CAN BE USED FOR DEBT SERVICE, SO AS TO DELETE THE PROVISION REQUIRING THE LIMITATION TO DECREASE EACH FISCAL YEAR AND TO REQUIRE THE DEBT SERVICE EXPENDITURES FOR GENERAL OBLIGATION BONDS TO BE NO MORE THAN TWO AND ONE-HALF PERCENT OF THE GENERAL FUND OF THE PRIOR FISCAL YEAR BY FISCAL YEAR 1992-93; TO AMEND SECTION 11-11-310, AS AMENDED, RELATING TO LIMITATIONS ON ANNUAL APPROPRIATIONS, SO AS TO DELETE THE PROVISION AUTHORIZING REVENUES IN THE CAPITAL EXPENDITURE FUND TO BE APPROPRIATED FOR RETIRING BONDED INDEBTEDNESS OR FOR AVOIDING THE ISSUANCE OF BONDS AND TO REQUIRE THE REVENUE GENERATED FROM THE TWO AND ONE-HALF PERCENT CAPITAL EXPENDITURE FUND TO BE APPLIED TOWARD PRISON CONSTRUCTION WITH ANY EXCESS REVENUE TO BE USED TO FINANCE PROJECTS AUTHORIZED BY THE GENERAL ASSEMBLY; AND TO REQUIRE CAPITAL IMPROVEMENT PROJECTS TO BE SCHEDULED FOR FINANCING ACCORDING TO PRIORITY AS DETERMINED BY THE JOINT BOND REVIEW COMMITTEE.
Rep. SHEHEEN moved to adjourn debate upon the following Bill until Tuesday, February 11, which was adopted.
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. WINSTEAD moved to adjourn debate upon the following Bill until Tuesday, February 11, which was adopted.
H. 2582 -- Rep. Davenport: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO SELL ANY SUBSTANCE OR MATERIAL FOR USE UPON THE WINDSHIELD OR WINDOW GLASS OF A MOTOR VEHICLE THAT WOULD RENDER THE WINDSHIELD OR WINDOW GLASS TO BE IN NONCOMPLIANCE WITH FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 205, TO MAKE IT UNLAWFUL FOR ANY PERSON TO INSTALL A WINDSHIELD OR WINDOW GLASS IN A MOTOR VEHICLE OR PLACE ANY SUBSTANCE OR MATERIAL UPON ANY WINDSHIELD OR WINDOW GLASS THAT WOULD REDUCE LIGHT TRANSMITTANCE MORE THAN THIRTY PERCENT OR THAT PRODUCES A MIRROR OR METALLIC APPEARANCE WHEN VIEWED BY A PERSON OUTSIDE THE VEHICLE, TO MAKE IT UNLAWFUL FOR A VEHICLE SO EQUIPPED TO BE OPERATED, AND TO PROVIDE PENALTIES.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill, which was adopted.
H. 3339 -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 7 SO AS TO PROVIDE STANDARDS GOVERNING CANCELLATION, NONRENEWAL, AND RENEWAL OF PROPERTY INSURANCE AND CASUALTY INSURANCE COVERAGES, INCLUDING, AMONG OTHER THINGS, THE ESTABLISHMENT OF UNLAWFUL ACTS.
Rep. SHEHEEN 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 sustained the Point of Order, and stated the House was in recess until 2:00 p.m., whereupon it would stand adjourned.
The Senate returned to the House with concurrence the following:
H. 3415 -- Reps. Foxworth, Aydlette, J. Bradley, Dangerfield, Holt, Kohn, D. Martin, Rawl, Washington, Winstead, H. Brown, Day, Helmly, Williams, G. Bailey and Limehouse: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND NATHAN S. ADDLESTONE OF CHARLESTON FOR HIS MONUMENTAL AND UNSELFISH AND UNTIRING EFFORTS AS A PRIVATE CITIZEN IN PROMOTING AND ENHANCING THE EDUCATIONAL OPPORTUNITIES FOR THE CITIZENS OF CHARLESTON, BERKELEY, AND DORCHESTER COUNTIES BY FOSTERING, MAINTAINING, AND EXPANDING THE FACILITIES AND PRESTIGE OF TRIDENT TECHNICAL COLLEGE.
H. 3416 -- Rep. Hawkins: A CONCURRENT RESOLUTION COMMENDING MRS. ROSA LEE LEAKE OF WOODRUFF FOR HER OUTSTANDING SERVICE TO THE RESIDENTS OF THE WOODRUFF AREA.
At 2:00 P.M. the House adjourned to meet at 2:00 P.M. tomorrow.
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