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:
Almighty God, always near to hear us when we pray and to answer when we call, sustain and direct us through this day and every day. Guide our minds, fill our imaginations, control our wills. Cause us to give thanks in all things. Spare us from faithless fears and worldly anxieties, and grant that no cloud may hide from us the light of Your eternal presence as revealed in the many and varied blessings that fill our every day. Correct our failures, pardon our transgressions, and transform every task into a throne of glory.
Grant us that peace of mind which the world can neither give nor take away - both 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. LOCKEMY.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. G. BAILEY, from the Committee on Dorchester Delegation, submitted a favorable report, with amendments, on:
H. 3428 -- Rep. Limehouse: A BILL TO ABOLISH THE OFFICE OF DORCHESTER COUNTY SUPERINTENDENT OF EDUCATION AND DEVOLVE THE DUTIES OF THIS OFFICE UPON THE DORCHESTER COUNTY BOARD OF EDUCATION.
The following Bill was taken up.
H. 3428 -- Rep. Limehouse: A BILL TO ABOLISH THE OFFICE OF DORCHESTER COUNTY SUPERINTENDENT OF EDUCATION AND DEVOLVE THE DUTIES OF THIS OFFICE UPON THE DORCHESTER COUNTY BOARD OF EDUCATION.
Rep. G. BAILEY proposed the following Amendment No. 1 (Doc. No. 1698R), which was adopted.
Amend the bill, as and if amended, by adding at the end of Section 1: /The Chairman of the board may sign vouchers for funds to operate the school districts of the county./
Amend totals and title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3245 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 19 SO AS TO CREATE THE CHILDREN'S CASE RESOLUTION SYSTEM, TO DEFINE THE PURPOSES AND FUNCTIONS OF THE SYSTEM, AND TO OUTLINE THE REQUIREMENTS OF DECISIONS BY THE SYSTEM.
Ordered for consideration tomorrow.
The following was introduced:
H. 3442 -- Reps. Koon, Derrick, Felder, Jones, Cooper, Rhoad, Beasley, Sharpe, Sturkie, Woodruff, Ogburn, Gentry, Klapman, Waldrop and Cleveland: A CONCURRENT RESOLUTION TO COMMEND THE LEXINGTON DISPATCH-NEWS, THE LEXINGTON JOURNAL, AND THE TWIN CITY NEWS OF BATESBURG-LEESVILLE, FOR THEIR MASSIVE EFFORTS IN MOBILIZING THE SUPPORT OF THE CITIZENS OF LEXINGTON COUNTY AND SURROUNDING AREAS FOR THE "ADOPT A FAMILY" PROGRAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3443 -- Reps. Dangerfield, Sheheen, T.M. Burriss, Mangum, Hearn, Stoddard, L. Martin, McLeod, Hawkins, and Snow: A BILL TO AMEND ACT 188 OF 1979, AS AMENDED, RELATING TO APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO PROVIDE THAT UPON RESUBMISSION OF A REGULATION WITHDRAWN FROM A COMMITTEE OF THE GENERAL ASSEMBLY, ADDITIONAL DAYS MUST BE ADDED TO THE DAYS REMAINING ON THE ONE-HUNDRED-TWENTY-DAY-PERIOD FOR AUTOMATIC APPROVAL, IF LESS THAN SIXTY, TO EQUAL SIXTY DAYS.
Referred to Committee on Judiciary.
H. 3444 -- Reps. Day and G. Bailey: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM TRAFFIC TICKETS USED BY LAW ENFORCEMENT OFFICERS IN ARRESTS FOR TRAFFIC OFFENSES AND VARIOUS OTHER OFFENSES, SO AS TO DELETE THE PROVISIONS LISTING THE OFFENSES IN ADDITION TO TRAFFIC OFFENSES FOR WHICH THE TICKETS MUST BE USED, TO PROVIDE FOR THE TICKETS TO BE USED IN ARRESTS FOR ALL STATE AND MUNICIPAL OFFENSES IN WHICH THE MAXIMUM PUNISHMENT IS A FINE OF TWO HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS, OR BOTH, TO CHANGE THE REFERENCE TO RECORDERS' COURTS TO MUNICIPAL COURTS, AND TO REQUIRE MUNICIPAL OFFENSES TO BE HEARD AND DISPOSED OF IN THE MUNICIPAL COURT OF THE MUNICIPALITY ISSUING THE VIOLATED ORDINANCE.
Referred to Committee on Education and Public Works.
H. 3445 -- Reps. Blackwell, Beasley, Foxworth, McBride, Klapman, Cooper, Simpson, P. Harris, Kay, K. Bailey, T. Rogers, J. Anderson, L. Martin, Hayes, Mitchell, Day, Winstead, Lake, Shelton, Mattos, Gregory, Taylor, Townsend, Tucker, Woodruff, O. Phillips, Limehouse, Griffin, L. Phillips, Cork, Mangum, McKay, Barfield, J. Arthur, G. Bailey, R. Brown, Kirsh, Foster, Jones, McLellan, Washington, Rawl, Rice, Ferguson and Fair: A BILL TO AMEND ACT 462 OF 1978, AS AMENDED, RELATING TO THE DEFINITION OF HANDICAPPED PERSONS FOR PURPOSES OF FREE PARKING FOR THESE PERSONS SO AS TO REVISE THIS DEFINITION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Anderson, J. Anderson, S. Arthur, J. Aydlette Bailey, K. Barfield Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Day Derrick Elliott Faber Fair Felder Foster Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Hawkins Hayes Hearn Hendricks, B. Holt Huff Johnson, J.W. Kay Keyserling Kirsh Kohn Lake Lewis Lockemy Mangum Martin, D. Mattos McAbee McBride McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rice Rogers, T. Russell Sharpe Sheheen Shelton Short Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington White Wilkins Winstead
I came in after the roll call and was present for the Session on February 6, 1986.
M.O. Alexander George H. Bailey Larry A. Martin James C. Johnson Robert L. Helmly Thomas N. Rhoad Timothy A. Brett Ed Simpson Tom Limehouse Tee Ferguson Charles L. Griffin III Jack Gregory William H. Jones Parker Evatt Tom Marchant Tom G. Woodruff, Jr. Rick Rigdon John J. Snow, Jr. Warren Arthur A. Victor Rawl Lloyd I. Hendricks Larry L. Koon David Beasley
LEAVES OF ABSENCE
The SPEAKER granted Rep. EDWARDS a leave of absence for the day.
The SPEAKER granted Rep. J.H BURRISS a leave of absence for the day due to illness.
Rep. FERGUSON 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, February 5, 1986.
Announcement was made that Donald G. Gregg of Greenville, S.C. is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
H. 2751 -- Reps. Evatt, Beasley and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1645, SO AS TO ALLOW A STATE AGENCY TO COMPENSATE A FOSTER FAMILY FOR THE UNINSURED LOSS NOT TO EXCEED FIVE HUNDRED DOLLARS THAT THEY INCUR WHEN THEIR PROPERTY IS DAMAGED OR DESTROYED BY THE FOSTER CHILD PLACED IN THEIR HOME.
H. 2777 -- Reps. Day, Sharpe, G. Bailey, T. Rogers, Limehouse, Faber, Freeman, Shelton, Holt, O. Phillips, Archibald, J. Harris, Aydlette, Moss, Blackwell, Alexander, Simpson, Klapman, Williams, Davenport, Mattos, Cleveland, G. Brown, Fair, Rice, Rhoad, J. Arthur, Woods, Hawkins, Russell, Gregory, McTeer, Harvin, McBride, J.W. Johnson, Altman, T.M. Burriss, Hayes, Ogburn, Keyserling, Woodruff, Elliott, Toal, Schwartz and Townsend: A BILL TO AMEND ARTICLE 3 OF CHAPTER 13 OF TITLE 7, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-325, AND TO AMEND ARTICLE 5 OF CHAPTER 13 OF TITLE 7, AS AMENDED, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-615 SO AS TO PROVIDE THAT ANY PAPER BALLOT USED IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION MAY BE PRINTED ONLY ON ONE SIDE.
Rep. SHEHEEN moved to reconsider the vote whereby debate was adjourned on the motion to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.
H. 3040 -- Reps. Sheheen, Kirsh and Shelton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-32 SO AS TO AUTHORIZE COUNTY COUNCILS TO ISSUE SUBPOENAS AND TO CONDUCT INVESTIGATIONS OF THE DEPARTMENTS OF COUNTY GOVERNMENT AND PUNISH FOR CONTEMPT.
Rep. SHEHEEN moved to table the motion to adjourn debate.
Rep. TUCKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Arthur, J. Bailey, G. Bailey, K. Brown, H. Burriss, T.M. Chamblee Cooper Cork Dangerfield Day Derrick Elliott Fair Foster Gentry Gilbert Gordon Hawkins Hayes Holt Huff Johnson, J.C. Kay Keyserling Kirsh Lewis Lockemy Martin, D. Martin, L. McBride Moss Nettles Ogburn Petty Phillips, O. Sheheen Shelton Simpson Sturkie Toal Townsend Wilkins Winstead
Those who voted in the negative are:
Alexander Aydlette Blackwell Boan Bradley, J. Bradley, P. Brown, G. Carnell Cleveland Foxworth Harris, J. Harris, P. Kohn Mattos McAbee McKay McTeer Phillips, L. Rice Short Stoddard Thrailkill Tucker White
So the motion to adjourn debate on the motion to reconsider was tabled.
Rep. SHEHEEN explained the Bill.
The question then recurred to the motion to reconsider the vote whereby the Bill was given a second reading, which was agreed to.
Reps. SHEHEEN, TOWNSEND and KAY proposed the following Amendment No. 1 (Doc. No. 1713R), which was adopted.
Amend the bill, as and if amended, in Section 4-9-32 of the 1976 Code, as contained in SECTION 1, by striking /and the/ on line 25 and inserting /on any matter with respect to any budgetary matter. The/.
Amend title to conform.
Rep. TOAL moved to adjourn debate upon the Bill until Tuesday, February 11, which was adopted.
On motion of Rep. LEWIS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.
S. 885 -- Finance Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 1986 ONLY, ALL COUNTIES WITH A POPULATION OF TWENTY-FIVE THOUSAND OR LESS AS DETERMINED BY THE MOST RECENT OFFICIAL UNITED STATES CENSUS, WHICH ARE NOT OTHERWISE DESIGNATED AS A LESS DEVELOPED AREA OF THE STATE PURSUANT TO SECTION 12-7-616 OF THE 1976 CODE FOR PURPOSES OF THE TAX CREDIT FOR NEW JOBS, ARE ALSO CONSIDERED A LESS DEVELOPED AREA FOR PURPOSES OF THIS TAX CREDIT FOR NEW JOBS.
The SPEAKER stated that, although he allowed Rep. LEWIS to make the unanimous consent request to move to recall S. 885 from the Ways & Means Committee, it was not to be considered a precedent for allowing unanimous consent requests outside of the period allotted for such.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 209 -- Senators Bryan, Long, Mitchell, McConnell, Lourie and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-70, SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO COMPLIES WITH A VALID SUBPOENA TO TESTIFY IN A COURT OR ADMINISTRATIVE PROCEEDING OR TO SERVE ON A JURY OF ANY COURT AND TO LIMIT THE AMOUNT OF DAMAGES WHICH MAY BE IMPOSED ON THE EMPLOYER.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 2818 -- Reps. Wilkins, Evatt, Beasley and Alexander: A BILL TO AMEND SUBARTICLE 3 OF ARTICLE 13 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S BUREAU, BY ADDING SECTION 20-7-2327 SO AS TO PROVIDE FOR THE PLACEMENT OF CHILDREN BY THE CHILDREN'S BUREAU; BY ADDING SECTION 20-7-2335 SO AS TO PROVIDE FOR THE REQUIREMENTS OF PLACEMENT; BY ADDING SECTION 20-7-2337 SO AS TO PROVIDE FOR THE CONTENTS OF RECORDS OF PLACEMENT; BY ADDING SECTION 20-7-2345 SO AS TO PROVIDE FOR THE CHILDREN'S BUREAU TO BE THE GUARDIAN OF CHILDREN COMMITTED TO ITS CARE AND TO REQUIRE THE CHILDREN'S BUREAU'S CONSENT TO ADOPTION OF THE CHILDREN; BY ADDING SECTION 20-7-2355 SO AS TO PROVIDE FOR THE REQUIREMENTS RELATING TO REMOVAL OF CHILDREN FROM THE BIOLOGICAL MOTHER; AND BY ADDING SECTION 20-7-2365 SO AS TO REQUIRE NOTIFICATION TO THE CHILDREN'S BUREAU OF CHILDREN BROUGHT INTO THIS STATE AND REPORTS ON THE LOCATION AND WELL-BEING OF THE CHILDREN; TO AMEND SUBARTICLE 7 OF ARTICLE 11 OF CHAPTER 7 OF TITLE 20, RELATING TO ADOPTION, SO AS TO PROVIDE FOR THE SUBARTICLE TO BE CITED AS THE SOUTH CAROLINA ADOPTION ACT; TO ESTABLISH THE PURPOSE OF THE SUBARTICLE; TO DEFINE TERMS; TO SET FORTH NEW PROVISIONS AS TO WHO MAY ADOPT A CHILD; TO DELETE THE PROVISIONS DETAILING CERTAIN REQUIREMENTS OF ADOPTION PROCEEDINGS; TO PROVIDE FOR THE FAMILY COURT TO HAVE EXCLUSIVE JURISDICTION OVER ADOPTION PROCEEDINGS AND WHERE THE PROCEEDINGS MAY BE BROUGHT; TO PROVIDE WHO SHALL GIVE CONSENT OR RELINQUISHMENT FOR THE PURPOSE OF ADOPTION; TO PROVIDE WHO MUST BE GIVEN NOTICE OF ADOPTION PROCEEDINGS AND FOR THE REQUIREMENTS OF THE NOTICE; TO PROVIDE FOR NOTICE OF INTENT TO CONTEST, INTERVENE, OR OTHERWISE RESPOND; TO PROVIDE FOR THE ASSESSMENT OF ALL COSTS, NOT ONLY INCIDENTAL COSTS, FOR THE RELEASE OF A CHILD; TO PROVIDE WHO IS NOT REQUIRED TO GIVE CONSENT OR RELINQUISHMENT; TO REQUIRE CONSENTS OR RELINQUISHMENTS TO BE MADE BY A SWORN DOCUMENT TO BE FILED IN COURT, FOR THE SPECIFICATIONS OF THE DOCUMENT, AND FOR WITNESSING OF THE DOCUMENT; TO PROVIDE WHEN CONSENTS OR RELINQUISHMENTS MAY BE GIVEN; TO ALLOW WITHDRAWAL OF CONSENTS OR RELINQUISHMENTS AND TO REQUIRE FILING IN COURT OF REASONS FOR WITHDRAWAL; TO DELETE THE REFERENCES TO INTERLOCUTORY ADOPTION DECREE; TO DELETE THE REQUIREMENT THAT ADOPTION PETITIONS MUST BE FILED IN DUPLICATE; TO PROVIDE FOR THE CONTENTS OF AN ADOPTION PETITION AND THE INFORMATION WHICH MUST BE FILED WITH THE PETITION; TO PROVIDE FOR APPOINTMENT OF A GUARDIAN AD LITEM; TO PROVIDE WHO IS NOT ENTITLED TO NOTICE OF ADOPTION PROCEEDINGS; TO PROVIDE FOR THE ESTABLISHMENT OF THE PUTATIVE FATHER REGISTRY BY THE CHILDREN'S BUREAU, WHO IS INCLUDED IN THE REGISTRY, FOR REQUIREMENTS OF THE REGISTRY, AND FOR THE PROMULGATION OF REGULATIONS RELATING TO THE REGISTRY; TO PROVIDE FOR TEMPORARY CUSTODY OF THE ADOPTEE; TO PROVIDE NEW REQUIREMENTS FOR THE CONTENTS OF REPORTS ON PREPLACEMENT, BACKGROUND, AND POSTPLACEMENT INVESTIGATIONS, WHICH MUST BE COMPLETED PRIOR TO THE FINAL HEARING FOR ADOPTION OF A CHILD; TO DELETE THE PROVISIONS SETTING FORTH ADOPTION REQUIREMENTS WHEN THE CHILD IS RELATED BY BLOOD OR MARRIAGE TO THE PETITIONER OR IS THE STEPCHILD OF THE PETITIONER; TO REQUIRE CERTIFICATION OF ANY PERSON INVESTIGATING THE ADOPTION OF A CHILD OR OBTAINING A CONSENT OR RELINQUISHMENT, PROVIDE FOR PROMULGATION OF REGULATIONS RELATING TO CERTIFICATION, ALLOW CERTIFIED PERSONS TO CHARGE FEES, AND PROVIDE FOR A DIRECTORY OF CERTIFIED PERSONS; TO PROVIDE NEW REQUIREMENTS FOR FINAL HEARINGS ON ADOPTION PETITIONS; TO PROVIDE FOR THE CONDITIONS UNDER WHICH ADOPTIONS MAY BE GRANTED; TO PROVIDE FOR THE REQUIREMENTS OF THE CONTENTS OF AN ADOPTION DECREE; TO PROVIDE FOR THE EFFECTS OF AN ADOPTION DECREE ON THE ADOPTEE, THE ADOPTIVE PARENT, AND THE BIOLOGICAL PARENTS OF THE ADOPTEE; TO REQUIRE AN ACCOUNTING OF DISBURSEMENTS MADE IN CONNECTION WITH THE ADOPTION, WHICH MUST BE VERIFIED BY THE PETITIONER, AND PROVIDE FOR ITS CONTENTS; TO REQUIRE THE CONFIDENTIALITY OF PAPERS AND RECORDS PERTAINING TO THE ADOPTION; TO PROVIDE FOR ADDITIONAL NONIDENTIFYING INFORMATION WHICH MAY BE DISCLOSED; TO PROVIDE FOR APPEALS AS IN OTHER FAMILY COURT MATTERS INSTEAD OF CIVIL MATTERS; AND TO PROVIDE FOR THE REQUIREMENTS RELATING TO THE ADOPTION OF A SPOUSE'S CHILD AND ADULTS; AND TO REPEAL SECTIONS 20-7-1830 THROUGH 20-7-1890, RELATING TO THE CHILDREN'S BUREAU.
Rep. WILKINS moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 2754 -- Reps. Evatt, Beasley and Wilkins: A BILL TO AMEND SECTION 20-7-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTAKE SERVICES PROVIDED TO JUVENILES BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO PROVIDE THAT JUVENILES MAY NOT BE COMMITTED TO A RECEPTION AND EVALUATION CENTER OR YOUTH CORRECTIONAL INSTITUTION OF THE DEPARTMENT WITHOUT FIRST BEING REFERRED TO THE INTAKE SECTION OF THE DEPARTMENT AND PROVIDED WITH THE INTAKE SERVICES THE DEPARTMENT IS MANDATED TO PROVIDE.
Rep. WHITE explained the Bill.
Reps. J. BRADLEY, FOXWORTH and KOHN objected to the Bill.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
Rep. LOCKEMY explained the Joint Resolution.
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.
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.
Rep. LOCKEMY explained the Joint Resolution.
H. 2931 -- Rep. Schwartz: A BILL TO AMEND SECTION 57-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNMENT OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO CHANGE THE NAME OF THE CHIEF COMMISSIONER OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Rep. STODDARD explained the Bill.
H. 3363 -- Reps. S. Anderson, Day, Davenport, Snow, McBride, Williams and Shelton: A BILL TO AMEND SECTION 59-69-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CERTAIN PUBLIC OFFICIALS CONTRACTING WITH SCHOOL DISTRICTS OR ACQUIRING A PECUNIARY INTEREST IN SCHOOL DISTRICT MATTERS, SO AS TO DELETE PROVISIONS PROHIBITING A SCHOOL TRUSTEE FROM CONTRACTING WITH OR BEING PECUNIARILY INTERESTED IN ANY CONTRACT WITH THE SCHOOL DISTRICT OF WHICH HE IS TRUSTEE AND TO AUTHORIZE A COUNTY BOARD OF EDUCATION MEMBER, A SCHOOL TRUSTEE, OR A BUSINESS WITH WHICH HE IS ASSOCIATED TO PROVIDE SERVICES OR SELL PRODUCTS TO THE DISTRICT OF WHICH HE IS A BOARD MEMBER OR TRUSTEE SO LONG AS THESE TRANSACTIONS ARE IN ACCORDANCE WITH STATE ETHICAL PROVISIONS OF LAW.
Rep. STODDARD explained the Bill.
Rep. STODDARD asked unanimous consent that H. 3363 be read a third time tomorrow.
Rep. KLAPMAN objected.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3406 be read the third time tomorrow.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3407 be read the third time tomorrow.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3408 be read the third time tomorrow.
On motion of Rep. STODDARD, with unanimous consent, it was ordered that H. 2931 be read the third time tomorrow.
The following Bill was taken up.
H. 2607 -- Rep. Davenport: A BILL TO AMEND SECTION 59-63-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINGERPRINTING OF SCHOOL PUPILS SO AS TO PROVIDE THAT FINGERPRINTS MAY BE MADE PART OF THE PUPILS PERMANENT SCHOOL RECORD ONLY IF REQUESTED IN WRITING BY HIS PARENTS OR GUARDIANS, TO PROVIDE FOR THEIR TRANSFER TO THE PARENTS OR GUARDIANS IF NOT SO REQUESTED.
Rep. L. PHILLIPS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. BLACKWELL having the floor.
H. 2287 -- Reps. Toal, J. Rogers, Hughston, J.W. Johnson, Klapman, Archibald, Sheheen, Kirsh, Wilkins, Taylor, McBride, Mangum, Woodruff, Faber, Schwartz, Keyserling, Pearce, Freeman, McLellan, Cleveland, Shelton, Harvin, P. Harris, Hayes, S. Anderson, Foxworth, B.L. Hendricks, Lloyd Hendricks, White, Gulledge, Russell, and Limehouse: A BILL TO AMEND SECTION 5-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF A PETITION SIGNED BY A MAJORITY OF FREEHOLDERS IN AN AREA DESIRING TO BE ANNEXED TO A MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT AN ELECTION BE HELD WITHIN THE ANNEXING MUNICIPALITY; SECTION 5-3-60, RELATING TO NOTICE OF THE ANNEXATION ELECTION HELD UNDER THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE BE POSTED IN THREE CONSPICUOUS PLACES WITHIN THE ANNEXING MUNICIPALITY; AND SECTIONS 5-3-70 AND 5-3-80, RELATING TO THE CONDUCT AND RESULTS OF THE ELECTION INITIATED PURSUANT TO THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE REFERENCES TO THE ELECTION BEING CONDUCTED AND VOTES BEING COUNTED WITHIN THE ANNEXING MUNICIPALITY.
Rep. P. BRADLEY moved to continue the Bill.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson, J. Aydlette Blackwell Boan Bradley, J. Bradley, P. Burriss, M.D. Burriss, T.M. Carnell Chamblee Day Fair Gentry Hearn Huff Jones Kay Mattos McAbee McLeod McTeer Phillips, L. Rice Rogers, T. Thrailkill
Those who voted in the negative are:
Schwartz Anderson, S. Arthur, J. Bailey, G. Bailey, K. Barfield Bennett Blanding Brown, H. Cleveland Cooper Cork Dangerfield Derrick Elliott Faber Ferguson Foster Gilbert Gregory Harris, J. Harris, P. Harvin Hawkins Hayes Helmly Hendricks, B. Holt Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Koon Lake Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McLellan Moss Neilson Nettles Ogburn Pearce Petty Russell Sharpe Sheheen Shelton Short Simpson Stoddard Sturkie Taylor Toal Townsend Tucker White Winstead
So the House refused to continue the Bill.
Rep. TOAL moved to reconsider the vote whereby Amendment No. 4 was tabled and the motion was noted.
Rep. BLACKWELL continued speaking.
The SPEAKER Pro Tempore granted Rep. JONES a leave of absence for the remainder of the day.
Rep. BLACKWELL continued speaking.
Rep. P. BRADLEY moved that the House do now adjourn.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bennett Blackwell Boan Bradley, J. Bradley, P. Fair Foxworth Helmly Kay Kohn Mangum Mattos Phillips, L. Rice Townsend Winstead
Those who voted in the negative are:
Schwartz Anderson, S. Arthur, J. Bailey, G. Bailey, K. Barfield Brett Brown, G. Brown, H. Burriss, M.D. Carnell Chamblee Cleveland Cooper Cork Dangerfield Derrick Elliott Evatt Faber Ferguson Foster Gentry Gilbert Gregory Griffin Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Koon Lake Limehouse Lockemy Martin, D. Martin, L. McAbee McBride McLellan Mitchell Moss Neilson Nettles Ogburn Pearce Petty Rogers, T. Russell Sharpe Sheheen Shelton Simpson Sturkie Taylor Thrailkill Toal Tucker Waldrop White Wilkins
So the House refused to adjourn.
Rep. BLACKWELL continued speaking.
Rep. ALEXANDER spoke against the Bill.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson, J. Arthur, J. Blackwell Boan Bradley, J. Bradley, P. Burriss, M.D. Burriss, T.M. Carnell Cork Elliott Evatt Fair Foxworth Hearn Johnson, J.C. Kay Kohn Marchant Mattos McAbee McLeod Phillips, L. Phillips, O. Rice Rigdon Simpson Snow Thrailkill Townsend Waldrop
Those who voted in the negative are:
Schwartz Anderson, S. Bailey, G. Barfield Bennett Blanding Brown, G. Brown, H. Chamblee Cleveland Cooper Dangerfield Day Derrick Felder Ferguson Foster Gentry Gregory Griffin Harris, J. Harris, P. Harvin Hawkins Hayes Hendricks, B. Holt Huff Johnson, J.W. Keyserling Kirsh Klapman Koon Lake Limehouse Lockemy Martin, D. Martin, L. McBride McLellan Moss Neilson Ogburn Pearce Petty Rawl Rogers, T. Russell Sharpe Sheheen Shelton Short Stoddard Sturkie Taylor Toal Tucker White Woodruff
So the House refused to adjourn.
Rep. FAIR spoke against the Bill.
The motion of Rep. TOAL to reconsider the vote whereby Amendment No. 4 was tabled was taken up.
Rep. SCHWARTZ asked unanimous consent, that Rep. McTEER be allowed to explain Amendment No. 4, which was agreed to.
Rep. GREGORY raised the Point of Order that Amendment No. 4 was not germane as the statutes for county annexation and municipal annexation are in separate sections of the Code of Laws.
Rep. McTEER argued that there were precedents which based germaneness on subject, not on Code sections.
The SPEAKER Pro Tempore overruled the Point of Order.
The question then recurred to the motion to reconsider the vote whereby the amendment was tabled.
Rep. TOAL moved to table the motion to reconsider.
Rep. McTEER demanded the yeas and nays, which were not ordered.
The motion to table the motion to reconsider was rejected by a division vote of 17 to 51.
The question then recurred to the motion to reconsider the vote whereby the amendment was tabled, which was agreed to.
Rep. McTEER explained the amendment.
Rep. FOXWORTH moved that the House do now adjourn.
Rep. HOLT raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. J. BRADLEY moved to continue the Bill.
Rep. SCHWARTZ raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. McTEER continued speaking.
Reps. GREGORY and SHEHEEN spoke against the amendment.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson, J. Arthur, J. Aydlette Bennett Blackwell Boan Bradley, J. Bradley, P. Brett Brown, G. Burriss, M.D. Burriss, T.M. Carnell Day Elliott Evatt Fair Foxworth Hearn Johnson, J.C. Kay Kohn Koon Limehouse Mattos McAbee McKay Phillips, L. Phillips, O. Rice Rigdon Simpson Snow Stoddard Sturkie Thrailkill Townsend Waldrop Washington Wilkins Winstead
Those who voted in the negative are:
Schwartz Anderson, S. Arthur, W. Bailey, G. Barfield Blanding Brown, H. Chamblee Cleveland Cooper Dangerfield Derrick Faber Ferguson Foster Gentry Gilbert Gregory Griffin Harris, J. Harris, P. Harvin Hayes Hendricks, B. Holt Huff Johnson, J.W. Keyserling Kirsh Klapman Lake Lewis Lockemy Martin, D. Martin, L. McBride McLellan McTeer Neilson Nettles Ogburn Pearce Petty Rogers, T. Russell Sharpe Sheheen Shelton Short Toal Tucker White Woodruff
So the House refused to adjourn.
Rep. B.L. HENDRICKS moved cloture on the entire matter.
Rep. J. BRADLEY raised the Point of Order that Rep. B.L. HENDRICKS's motion was not in writing and placed on the desk.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. J. BRADLEY moved to continue the Bill.
Rep. TOAL raised the Point of Order that Rep. J. BRADLEY's motion was not in writing and placed on the desk.
Rep. SHEHEEN then raised the Point of Order that neither the motion for the previous question nor the motion to continue were required to be in writing, as Rule 8.1 specifies that "Any motion shall, if desired by the Speaker or any other member, be reduced to writing and delivered at the desk and read, before it shall be debated." Rep. SHEHEEN then stated that, as neither motion was debatable, the provisions of Rule 8.1 were not applicable.
Rep. J. BRADLEY conceded the Point in reference to his motion to continue, but stated the reason for insisting that the motion for the previous question be reduced to writing was in order to clarify whether it was for immediate cloture or delayed cloture.
The SPEAKER Pro Tempore sustained Rep. SHEHEEN's Point of Order on the motion to continue, and stated the pending question was Rep. B.L. HENDRICK's renewed motion to invoke immediate cloture.
The question then recurred to the motion for immediate cloture.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Brown, H. Dangerfield Faber Ferguson Foster Gentry Gregory Harvin Hayes Hendricks, B. Johnson, J.W. Keyserling Kirsh Lewis Martin, D. Martin, L. McBride McLellan Neilson Ogburn Pearce Rogers, T. Russell Sheheen Short Toal
Those who voted in the negative are:
Alexander Anderson, J. Anderson, S. Arthur, W. Aydlette Bailey, G. Barfield Blackwell Blanding Boan Bradley, J. Bradley, P. Brett Burriss, M.D. Carnell Chamblee Cleveland Cooper Day Derrick Elliott Evatt Fair Foxworth Griffin Harris, J. Hawkins Hearn Holt Huff Johnson, J.C. Kay Klapman Koon Lake Limehouse Lockemy Mattos McAbee McTeer Moss Nettles Petty Phillips, L. Phillips, O. Rawl Rice Rigdon Sharpe Shelton Simpson Snow Stoddard Sturkie Thrailkill Townsend Tucker Waldrop Washington White Wilkins Winstead
So, the motion to invoke immediate cloture was rejected.
The question then recurred to the motion to continue the Bill.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson, J. Arthur, J. Aydlette Barfield Blackwell Boan Bradley, J. Bradley, P. Brett Burriss, M.D. Carnell Chamblee Cooper Cork Day Elliott Fair Foxworth Gentry Hearn Hendricks, L. Huff Kay Kohn Koon Mattos McAbee McTeer Phillips, L. Phillips, O. Rice Rigdon Snow Stoddard Sturkie Thrailkill Townsend Waldrop
Those who voted in the negative are:
Schwartz Anderson, S. Arthur, W. Bailey, G. Bennett Blanding Brown, G. Brown, H. Brown, R. Cleveland Dangerfield Derrick Evatt Faber Ferguson Foster Gregory Griffin Harris, J. Harris, P. Harvin Hawkins Hayes Hendricks, B. Holt Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Lake Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McLellan Moss Neilson Nettles Ogburn Pearce Petty Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Toal Tucker Winstead Woodruff
So the House refused to continue the Bill.
The question then recurred to the adoption of Amendment No. 4 which was rejected.
Rep. P. BRADLEY moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. J. BRADLEY proposed the following Amendment No. 24 (Doc. No. 1520R).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 5-3-50 of the 1976 Code is amended to read:
"Section 5-3-50. If the city or town municipal council shall find finds that the petition filed pursuant to Section 5-3-20 has been signed by a majority of the freeholders within the territory proposed to be annexed, it may certify that fact to the county commissioners of elections of the county in which the territory is situated. Such The territory shall may not be annexed until such certification is made by the city or town municipal council and an election is held pursuant to Sections 5-3-10 5-3-20 through 5-3-270. If so certified, the county commissioners of elections shall order an election to be held within the corporate limits of the municipality and within the territory proposed to be annexed to such the municipality , on the same date, on the question of extension of the corporate limits of the municipality by annexation of the territory proposed to be annexed."
SECTION 2. Section 5-3-70 of the 1976 Code is amended to read:
"Section 5-3-70. The election so ordered pursuant to the provisions of Section 5-3-50 shall be is a special election and not a municipal election and shall must be held, regulated, and conducted in accordance with the rules, regulations and provisions prescribed by Chapters 13 and 17 of Title 7, except as in this chapter otherwise provided. Registered qualified electors residing within the corporate limits of the municipality and registered qualified electors residing within the territory proposed to be annexed to the municipality shall have the same qualifications to vote in such this election as are required of registered qualified electors to vote in State state and county general elections. At such the election the registered qualified electors residing within the corporate limits of the municipality shall vote at the usual voting precincts thereof in boxes provided for that purpose, and the registered qualified electors residing within the territory proposed to be annexed to the named municipality shall vote in a separate box or boxes to be provided for such the purpose within the territory proposed to be annexed and in a precinct or precincts to be designated therein by the county commissioners of elections."
SECTION 3. Section 5-3-80 of the 1976 Code is amended to read:
"Section 5-3-80. The votes cast in such election within the corporate limits of the municipality and the votes cast within the territory proposed to be annexed to the named municipality shall be counted separately and the results thereof declared separately. The county commissioners of elections shall certify the result of such the election to the governing body of the municipality. If a majority of the votes cast by the qualified electors of the municipality and of the territory proposed to be annexed, each aggregated separately, shall each be are in favor of the annexation or if neither gives a majority against the annexation then the council shall publish the result of such the election and if the municipal council votes to accept the annexation by two-thirds vote, declare the annexed territory a part of the city or town municipality."
SECTION 4. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
Rep. TOAL moved to table the amendment.
Rep. J. BRADLEY demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 41 to 42.
Rep. J. BRADLEY moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 24, Rep. SHEHEEN having the floor.
The following was introduced:
H. 3446 -- Reps. Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Rawl, Washington, Winstead and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF OUR FORMER COLLEAGUE, F. JULIAN LEAMOND OF CHARLESTON, AND TO EXTEND SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. S. ANDERSON, with unanimous consent, the House stood in silent prayer in memory of former House colleague F. Julian Leamond.
The following was introduced:
H. 3447 -- York Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MISS ADDIE HOWELL OF YORK COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate returned to the House with concurrence the following:
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.
H. 3442 -- Reps. Koon, Derrick, Felder, Jones, Cooper, Rhoad, Beasley, Sharpe, Sturkie, Woodruff, Ogburn, Gentry, Klapman, Waldrop and Cleveland: A CONCURRENT RESOLUTION TO COMMEND THE LEXINGTON DISPATCH-NEWS, THE LEXINGTON JOURNAL, AND THE TWIN CITY NEWS OF BATESBURG-LEESVILLE, FOR THEIR MASSIVE EFFORTS IN MOBILIZING THE SUPPORT OF THE CITIZENS OF LEXINGTON COUNTY AND SURROUNDING AREAS FOR THE "ADOPT A FAMILY" PROGRAM.
H. 3446 -- Reps. Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Rawl, Washington, Winstead and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF OUR FORMER COLLEAGUE, F. JULIAN LEAMOND OF CHARLESTON, AND TO EXTEND SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3447 -- York Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MISS ADDIE HOWELL OF YORK COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.
At 12:05 P.M. the House in accordance with the motion of Rep. J. BRADLEY adjourned to meet at 10:00 A.M. tomorrow.
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