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:
O God, the Father of us all, we come seeking the kind of help which You alone can give:
Be our Light when the day is dark and we know not where to go or what to do.
Be our Strength when we are weak and weary and ready to give up.
Be our Companion through all experiences of life that we may receive comfort and find courage in every time of need.
Be our Guide as we seek to lead this great State in a way as to bring good to its citizens and a benefit to all mankind.
Enable us to hear from Your Word: "Be still and know that I am God" (Psalm 46:10). 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. G. BROWN.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.
The following was received from the Senate.
Columbia, S.C., May 7, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to 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.
and asks for a committee of Conference and has appointed Senators Macaulay, Ravenel and Pope of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 63
Whereupon, the Chair appointed Reps. T. ROGERS, FREEMAN and BLANDING to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. BARFIELD, from the Committee on Invitations, submitted a favorable report, on:
S. 1292 -- Senator Mitchell: A CONCURRENT RESOLUTION URGING THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA TO INDICATE ITS WILLINGNESS TO ENGAGE IN MEANINGFUL POLITICAL NEGOTIATIONS WITH THAT COUNTRY'S BLACK MAJORITY.
On motion of Rep. BLANDING, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1292 -- Senator Mitchell: A CONCURRENT RESOLUTION URGING THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA TO INDICATE ITS WILLINGNESS TO ENGAGE IN MEANINGFUL POLITICAL NEGOTIATIONS WITH THAT COUNTRY'S BLACK MAJORITY.
Whereas, since September 1984, a mounting unrest against racial oppression in the Republic of South Africa has led to the violent death of more than one thousand individuals, most of them black, the detention without charge of thousands more, and a declared state of emergency in several areas of that country; and
Whereas, a peaceful resolution to this violence and conflict in the Republic of South Africa is unlikely unless the Government of that country moves to end its abhorrent system of apartheid which denies the country's black majority the right to vote, the right to own land, and the right to freedom of movement; and
Whereas, the Government of the United States, the United Nations, and virtually every country in the world has condemned the practice of apartheid by the Government of South Africa and its enactment of the repressive measures that have led to the current violence; and
Whereas, the Government of the United States has sought to use its influence and leverage to promote peace and peaceful change through diplomatic appeals and the imposition of limited economic sanctions; and
Whereas, the Congress of the United States adopted the "Mandela Freedom Resolution", calling for the unconditional release of Nelson Mandela, the black South African leader who has been imprisoned for twenty-three years, and his wife, Winnie Mandela, who has been a "banned" person in South Africa for the past twenty-one years; and
Whereas, the President of the United States has called for the South African Government to end its practice of detention without trial and lengthy imprisonment of black leaders, in addition to calling for the establishment of a government based on the consent of the governed; and
Whereas, the Secretary of State of the United States has urged the release of Nelson Mandela and indicated the need for the South African Government to meet with leaders of the black majority, including Mandela and the outlawed African National Congress; and
Whereas, the African National Congress, which was banned in 1960, is today the oldest and most prominent of the organizations of resistance against the apartheid system of South Africa and is highly regarded by that country's black majority; and
Whereas, representatives of the South African business community, clergy, and university student organizations have met or attempted to meet with officials of the African National Congress to establish lines of communications for future discussions on the problems of their country; and
Whereas, Nelson Mandela, who has been in South African prisons since 1962 and who is still considered the leader of the banned African National Congress, is regarded by many black South Africans as one of the most respected symbols of resistance against apartheid; and
Whereas, it is evident that an end to South Africa's racial turmoil is impossible if the Government of that country does not begin a meaningful dialogue with the leaders of the black majority; and
Whereas, the continued turmoil and unrest in the Republic of South Africa threaten the peace, security, and stability of other nations of Southern Africa and have led to cross-border violence in the region; and
Whereas, the urgent moment has arrived for the Government of South Africa to initiate bold steps to end apartheid and the current unrest and to achieve peace and peaceful change. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That it is the sense of the General Assembly that the President should use his good offices to urge the Government of the Republic of South Africa to indicate its willingness to engage in meaningful political negotiations with that country's black majority:
1. by immediately granting unconditional freedom to Nelson Mandela;
2. by recognizing the African National Congress as a legitimate representative for the country's black majority; and
3. by establishing the framework for the political talks which hopefully could lead to a negotiated settlement with the black majority.
Be it further resolved that a copy of this resolution be forwarded to the South African Ambassador in Washington, D. C.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3815 -- Rep. Mangum: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING, HOUSING, ELECTRICAL, PLUMBING, AND GAS CODES, SO AS TO PROVIDE FOR REGULATIONS ADOPTED BY THE BUILDING CODE COUNCIL TO BE APPROVED BY THE BUDGET AND CONTROL BOARD PRIOR TO BEING SUBMITTED TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3208 -- Reps. M.D. Burriss and Hearn: A BILL 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.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3793 -- Rep. J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-220 SO AS TO ALLOW THE SALE OF LEASED NURSING HOME FACILITIES SUBJECT TO LIMITATIONS.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3800 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT A SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS, AND CHILDREN TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WHICH PROVIDES NUTRITIONAL EDUCATION AND SUPPLEMENTAL FOOD TO ELIGIBLE PERSONS AND TO PROVIDE A PENALTY FOR VIOLATION OF THE ARTICLE.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3321 -- Reps. Hayes, Hearn, Evatt, Rawl and Fair: A BILL TO AMEND SECTION 56-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OR REVOCATION OF A RESIDENT OR NONRESIDENT DRIVER'S PRIVILEGES UPON CONVICTION IN ANOTHER STATE FOR AN OFFENSE WHICH WOULD RESULT IN SUCH ACTION IF THE OFFENSE WERE COMMITTED IN THIS STATE, SO AS TO PROVIDE THAT SUCH SUSPENSIONS OR REVOCATIONS ARE MANDATORY INSTEAD OF DISCRETIONARY WITH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3516 -- Reps. Lake, Washington, Petty, Stoddard, Blackwell, Hawkins, Ferguson, Shelton, McKay, Mattos, Alexander, Rice, S. Anderson, G. Bailey, Day, Simpson, L. Martin and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450 SO AS TO PROHIBIT THE USE OF A STUDENT'S GRADES AS A METHOD OF PUNISHMENT FOR CONDUCT UNRELATED TO THE STUDENT'S ACADEMIC PERFORMANCE.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, with amendments on:
H. 3693 -- Reps. Washington, McBride, Toal, Holt, Shelton, Rawl, Beasley, Taylor, R. Brown, T. Rogers, J. Rogers, Foster, Felder, Blanding, Rhoad, G. Brown, Bennett, Huff, Barfield, Gilbert, D. Martin, McTeer, Keyserling, G. Bailey, K. Bailey, J. Brown, Mitchell, Faber, Ferguson and Elliott: A BILL TO AMEND SECTION 53-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO DELETE MARTIN LUTHER KING'S BIRTHDAY FROM THE LIST OF HOLIDAYS STATE EMPLOYEES MAY OPT TO OBSERVE.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3719 -- Rep. Harvin: A BILL TO AMEND SECTION 56-5-4030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM WIDTHS OF VEHICLES OPERATED ON HIGHWAYS, SO AS TO PERMIT VEHICLES INCLUDING LOADS WITH WIDTHS OF NOT MORE THAN ONE HUNDRED TWO INCHES EXCLUSIVE OF SAFETY DEVICES TO OPERATE ON NATIONAL INTERSTATE AND DEFENSE HIGHWAYS AND OTHER HIGHWAYS DESIGNATED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO PERMIT BUSES NOT EXCEEDING THE SAME WIDTHS TO OPERATE ON ALL HIGHWAYS HAVING LANES TWELVE FEET OR MORE IN WIDTH AND ON OTHER STREETS AND HIGHWAYS WITHIN FIVE MILES OF ANY SUCH HIGHWAYS FOR ACCESS TO PASSENGER FACILITIES AND DESTINATIONS.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 1139 -- Senator Setzler: A BILL TO AMEND ACT 201 OF 1977, AS AMENDED, RELATING TO THE LICENSING AND REGULATION OF NONPUBLIC EDUCATIONAL INSTITUTIONS, SO AS TO PROVIDE THE REQUIREMENTS OF LICENSURE, TO PROVIDE FOR AMENDMENT OF A LICENSE, AND TO LIMIT THE PROGRAMS THAT MAY BE OFFERED.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, and Rep. J. ROGERS, for the minority, submitted an unfavorable report on:
H. 2184 -- Reps. Felder, Rigdon, Toal, Kohn, Hawkins and Klapman: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ADOPT THE HUMAN LIFE AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2317 -- Rep. Fair: A BILL TO AMEND CHAPTER 13, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST AND ENFORCEMENT OF LAWS RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES BY ADDING ARTICLE 5, SO AS TO PROHIBIT CERTAIN PRACTICES BY PERSONS LICENSED TO SELL ALCOHOLIC LIQUOR OR BEER AND WINE FOR ON-PREMISES CONSUMPTION WHICH PRACTICES HAVE THE EFFECT OF ENCOURAGING CONSUMPTION OF THESE BEVERAGES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 2638 -- Reps. Elliott, G. Bailey, Kirsh, Rice, Pearce, Thrailkill, Barfield, Aydlette, Foxworth, White, Lloyd Hendricks, McTeer, Mitchell, Cork and J.W. Johnson: A BILL TO AMEND SECTION 6-11-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PENALTY FOR INTERFERING WITH SEWERS, WATERWORKS, AND DRAINAGE FACILITIES OF POLITICAL SUBDIVISIONS, SO AS TO INCLUDE THE SEWERS, WATERWORKS, AND DRAINAGE FACILITIES OF SPECIAL PURPOSE DISTRICTS WITHIN THE PENALTY PROVISIONS AND INCREASE THE MONETARY PENALTY FROM ONE TO TWO HUNDRED DOLLARS; AND TO AMEND SECTION 16-13-385, RELATING TO ALTERING, TAMPERING WITH, OR BYPASSING ELECTRIC, GAS, OR WATER METERS, SO AS TO INCREASE THE MONETARY PENALTY FOR A FIRST OFFENSE VIOLATION FROM ONE HUNDRED TO TWO HUNDRED DOLLARS.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3241 -- Rep Fair: A BILL 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 ELIMINATE KNOWLEDGE OF THE MINOR'S AGE AS AN ELEMENT OF THE OFFENSE.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3480 -- Reps. Hearn, McBride, Koon, Klapman, T.M. Burriss, Barfield and G. Brown: A BILL TO AMEND SECTION 16-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR THE CRIME OF PROSTITUTION SO AS TO INCREASE THESE PENALTIES AND PROVIDE THAT NO PART OF ANY SENTENCE IMPOSED MAY BE SUSPENDED AND PROBATION FOR ANY PORTION OF A TERM OF IMPRISONMENT MAY NOT BE GRANTED.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3556 -- Rep. Rawl: A BILL TO AMEND SECTION 61-9-61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TRANSFER OF BEER OR WINE TO ANY PERSON UNDER THE AGE OF EIGHTEEN SO AS TO RAISE THIS AGE TO TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, TO TWENTY-ONE.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3557 -- Rep. Rawl: A BILL TO AMEND SECTION 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS ON THE PREMISES OF ESTABLISHMENTS LICENSED TO SELL BEER OR WINE SO AS TO PROVIDE THAT NO BEER OR WINE MAY BE SOLD ON THESE PREMISES TO A PERSON UNDER THE AGE OF TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, UNDER TWENTY-ONE.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 3636 -- Rep. McEachin: A BILL TO AMEND ARTICLE 3, CHAPTER 9 OF TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL OR SUBSTITUTE SERVICE OF PROCESS BY ADDING SECTION 15-9-355 SO AS TO PROVIDE FOR SERVICE OF PROCESS UPON PERSONS WHO HAVE MADE APPLICATION FOR AN AUTOMOBILE LIABILITY INSURANCE POLICY WHO BECOME A NAMED INSURED UNDER SUCH A POLICY, WHO BECOME AN INSURED DRIVER UNDER SUCH A POLICY, OR WHO MAKE A CLAIM FOR BENEFITS THEREUNDER.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
H. 3687 -- Rep. J. Bradley: A BILL TO AMEND CHAPTER 55, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNFAIR OR DECEPTIVE INSURANCE TRADE PRACTICES BY ADDING SECTION 38-55-420 SO AS TO PROVIDE THAT ANY INDIVIDUAL HAS STANDING TO INSTITUTE AN ACTION TO ENJOIN AN UNFAIR PRACTICE PROHIBITED BY THE ABOVE CHAPTER AND TO PROVIDE THAT ANY INDIVIDUAL AGGRIEVED BY SUCH AN UNFAIR PRACTICE MAY BRING AN ACTION AT LAW TO RECOVER DAMAGES SUSTAINED AS A RESULT OF THE UNFAIR PRACTICE.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3807 -- Rep. Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO IN THIS STATE TO FILE WITH THE SECRETARY OF STATE A MONTHLY REPORT; TO PROVIDE THAT ANY MANAGEMENT COMPANY OPERATING A BINGO GAME IS INELIGIBLE TO BE LICENSED FOR THE OPERATION OF BINGO GAMES; AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
S. 450 -- Senator Hayes: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO INCLUDE IN THE JURISDICTION AND AUTHORITY THE AREA LYING BETWEEN THE HIGH WATER MARK AND THE LOW WATER MARK OF ANY OTHER NAVIGABLE BODY OF WATER AND AREAS BORDERING ON NAVIGABLE BODIES OF WATER RUNNING THROUGH A MUNICIPALITY OR CONTAINED WHOLLY WITHIN THE MUNICIPALITY.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 693 -- Senators Hayes and Hinson: A BILL TO AMEND SECTION 53-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR AMUSEMENT PARKS AND RECOGNIZED STATE AND COUNTY FAIRS TO OPERATE ON SUNDAYS, SO AS TO PROHIBIT THE OPERATION OF RECOGNIZED STATE AND COUNTY FAIRS BETWEEN THE HOURS OF 10:00 A.M. AND 1:00 P.M. ON SUNDAY.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 733 -- Senators Saleeby, Martin, Land, McLeod and Holland: A BILL TO ESTABLISH THE MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTINGIMMUNITY 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.
Ordered for consideration tomorrow.
Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:
S. 793 -- Senator J.V. Smith: A BILL TO AMEND SECTIONS 43-30-20, 43-30-50, 43-30-60, AND 43-30-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLIENT-PATIENT PROTECTION ACT, SO AS TO CHANGE THE REFERENCE TO NURSING HOME OMBUDSMAN TO OMBUDSMAN AND TO CHANGE OBSOLETE REFERENCES.
Ordered for consideration tomorrow.
The following was introduced:
H. 3881 - Reps. Hayes, Foster, Freeman, Kirsh and Short: A CONCURRENT RESOLUTION TO EXTEND SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THOMAS OWEN DIXON OF YORK COUNTY WHO DIED ON SATURDAY, MAY 3, 1986.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3882 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ELDER C. W. WILLIAMS, A MEMBER OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT NO. 2, FOR HIS MANY YEARS OF DEDICATED AND LOYAL SERVICE IN THE PROMOTION AND IMPROVEMENT OF EDUCATION AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3883 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE MARY E. PEARSON, A MEMBER OF THE BOARD OF CLARENDON SCHOOL DISTRICT NO. 1, CLARENDON COUNTY, FOR HER FAITHFUL AND DEVOTED EFFORTS TO IMPROVE THE QUALITY OF EDUCATION IN THE COUNTY AND TO EXTEND EVERY BEST WISH UPON HER RETIREMENT FROM THE BOARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3884 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE JOSEPH POSTELL, A MEMBER OF THE SCHOOL BOARD OF CLARENDON SCHOOL DISTRICT NO. 1, CLARENDON COUNTY, FOR HIS CONTRIBUTION TOWARD IMPROVING THE QUALITY OF EDUCATION IN THE COUNTY AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3885 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE RAY A. LANGSTON, A MEMBER OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT NO. 2, FOR HIS MANY YEARS OF DEDICATED AND LOYAL SERVICE IN THE PROMOTION AND IMPROVEMENT OF EDUCATION AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3886 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE ALETHIA TAYLOR, A MEMBER OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT NO. 2, FOR HER MANY YEARS OF DEDICATED AND LOYAL SERVICE IN THE PROMOTION AND IMPROVEMENT OF EDUCATION AND TO EXTEND BEST WISHES UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3887 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JOHN GRESSETTE FELDER, JR., A STELLAR BASKETBALL PERFORMER AT CALHOUN ACADEMY, CALHOUN COUNTY, WHOSE NUMBER 14 WAS RETIRED AFTER THE 1985-86 SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1293 -- Senators Wilson and Shealy: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE CONGREGATION OF FIRST CALVARY BAPTIST CHURCH IN LEESVILLE IN LEXINGTON COUNTY ON THE OCCASION OF THE ONE HUNDREDTH ANNIVERSARY OF ITS FOUNDING.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1295 -- Senators Wilson and Setzler: A CONCURRENT RESOLUTION EXPRESSING CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. RIDGELY ABELE OF WEST COLUMBIA FOR BEING SELECTED BY THE SPORT FOR UNDERSTANDING ORGANIZATION TO LEAD A TOUR OF KARATE ATHLETES TO JAPAN IN THE SUMMER OF 1986.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1296 -- Senators Wilson and Waddell: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SOUTH CAROLINA TAX COMMISSION FOR ITS SMOOTH OPERATION IN THE FIRST YEAR OF OPERATION UNDER THE SOUTH CAROLINA INCOME TAX FEDERAL CONFORMING AMENDMENTS OF 1985.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3897 -- Rep. S. Anderson: A CONCURRENT RESOLUTION TO CONGRATULATE MR. CLYDE DEE JACKSON, A SEVENTY-SEVEN YEAR OLD RESIDENT OF SPARTANBURG, UPON THE OCCASION OF HIS GRADUATION FROM THE UNIVERSITY OF SOUTH CAROLINA-SPARTANBURG.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3898 -- Rep. S. Anderson: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR THE "JUST SAY NO" DRUG PREVENTION DAY PROGRAM TO BE HELD IN SPARTANBURG COUNTY ON SATURDAY, MAY 24, 1986, AND TO DECLARE SATURDAY, MAY 24, 1986, AS "JUST SAY NO DAY" IN THE CITY AND COUNTY OF SPARTANBURG.
Whereas, the members of the General Assembly are pleased to learn that a group of concerned students, parents, teachers, and citizens in Spartanburg are sponsoring a "Just Say No" drug prevention day in Spartanburg County on Saturday, May 24, 1986; and
Whereas, the "Just Say No" program is aimed at educating primarily younger children so that they cannot be pressured by anyone to use drugs and that they can become part of a support group for each other in order to prevent drug and substance abuse; and
Whereas, "Just Say No Day" will begin with a rally in the Hillcrest Mall at 2:00 P.M. and at this time children will receive T-shirts, badges, and balloons and there will also be entertainment by adults and young people to reenforce the belief that all you have to do is "Just Say No" to drugs; and
Whereas, the General Assembly of South Carolina, by this resolution, would like to lend its support to this important and worthwhile endeavor by declaring May 24, 1986, as "Just Say No Day" in the City of Spartanburg and in Spartanburg County. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby express their support for the "Just Say No" drug prevention day program to be held in Spartanburg County on Saturday, May 24, 1986.
Be it further resolved that the General Assembly hereby declares Saturday, May 24, 1986, as "Just Say No Day" in the City and County of Spartanburg.
Be it further resolved that a copy of this resolution be forwarded to the "Just Say No" Committee in Spartanburg County.
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. 3888 -- Rep. Hawkins: A BILL TO AMEND ARTICLE 3, CHAPTER 7, TITLE 44, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO PROVIDE FOR THE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, INCLUDING PROVIDING FOR PROCEDURES AND CRITERIA FOR ISSUANCE OF CERTIFICATES OF NEED, PREPARATION OF A STATE MEDICAL FACILITIES PLAN, PROCEDURES FOR LICENSURE OF FACILITIES RENDERING MEDICAL, NURSING, AND OTHER HEALTH CARE, DEFINITIONS, EXCEPTIONS TO THE APPLICATION OF THIS ARTICLE, A HOSPITAL CONSTRUCTION PROGRAM, DENIAL, SUSPENSION, OR REVOCATION OF LICENSES, PENALTIES FOR VIOLATIONS, AND ACTION BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR VIOLATIONS, AND TO DELETE THE PROVISIONS RELATING TO CERTIFICATES OF NEED AND LICENSURE INCONSISTENT WITH THE NEW PROVISIONS; TO REPEAL ARTICLES 4 AND 6 OF CHAPTER 7 OF TITLE 44, RELATING RESPECTIVELY TO LICENSING, REGULATION, AND INSPECTION OF COMMUNITY RESIDENTIAL CARE FACILITIES AND OF OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, AND CHAPTER 65 OF TITLE 44, RELATING TO DAY CARE FACILITIES FOR ADULTS; AND TO PROVIDE THAT THE EXISTING REGULATIONS OF THE DEPARTMENT ARE EFFECTIVE UNTIL REGULATIONS ARE PROMULGATED UNDER THE PROVISIONS OF THIS ACT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3889 -- Reps. G. Bailey, T. Rogers, Day, Limehouse, Keyserling, J. Harris, Holt, Huff, J. Anderson, Rawl, Washington, Aydlette, Toal, Harvin, Winstead, Evatt, McEachin, McLellan and Schwartz: A BILL TO PROVIDE THAT NO SOLID WASTE MAY BE DISPOSED OF BY BURIAL OR LANDFILLING IN THIS STATE UNLESS THE LAND IS OWNED BY A COUNTY OR MUNICIPALITY OF THIS STATE, TO PROVIDE EXCEPTIONS TO THE ABOVE, TO PROVIDE THAT THE SEVERAL COUNTIES AND MUNICIPALITIES OWNING SOLID WASTE DISPOSAL SITES SHALL PREPARE SOLID WASTE MANAGEMENT PLANS WHICH MUST BE SUBMITTED TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR APPROVAL WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS ACT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BY JANUARY 15, 1987, SHALL PROMULGATE REGULATIONS TO PROVIDE FOR LONG-TERM SECURITY OF EXISTING PRIVATELY-OWNED COMMERCIAL SOLID WASTE LANDFILLS.
Referred to Committee on Judiciary.
H. 3890 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF OCCUPATIONAL THERAPY, RELATING TO DEFINITIONS, LICENSE REQUIREMENTS, EXAMINATIONS AND FEES, AND PROFESSIONAL CONDUCT, DESIGNATED AS REGULATION DOCUMENT NUMBER 658, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
H. 3891 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN OPTOMETRY, RELATING TO USE OF MIOTIC, AND RULES GOVERNING THE MAINTENANCE OF RECORDS BY OPTOMETRISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 582, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
H. 3892 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO RECODIFICATION OF REGULATIONS CONCERNING: USE OF HAZARDOUS SUBSTANCES; EXPLOSIVES; SERVICE STATIONS; TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 672, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
H. 3893 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO TRANSPORTATION AND USE OF PYROTECHNICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 670, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
H. 3894 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 536, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
H. 3895 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO TRUCK DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 535, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
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. Bailey, K. Barfield Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Brown, J. Brown, R. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Elliott Faber Fair Felder Ferguson Foster Foxworth Freeman Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Hawkins Hayes Hearn Hendricks, B. Hendricks, L. Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Kohn Koon Lake Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wilkins Williams Winstead
I came in after the roll call and was present for the Session on May 8, 1986.
Mickey Burriss Parker Evatt Thomas E. Huff L. Edward Bennett Jean H. Toal Warren D. Arthur Olin R. Phillips William H. Jones
LEAVES OF ABSENCE
The SPEAKER Pro Tempore granted Reps. MARCHANT, EDWARDS and J.H. BURRISS a leave of absence.
Rep. TOAL signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Thursday, May 1, 1986.
Rep. BLANDING signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 7, 1986.
Announcement was made that Dr. C. Alden Sweatmann of Columbia is the Doctor of the Day for the General Assembly.
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3188 -- Rep. Fair: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AT AGE SIXTY OR AFTER THIRTY YEARS' SERVICE, SO AS TO PROVIDE THAT IF A MEMBER IS LESS THAN SIXTY AND HAS AT LEAST TWENTY-FIVE YEARS OF CREDITABLE SERVICE, HE MAY ELECT TO RECEIVE UP TO FIVE YEARS OF ADDITIONAL SERVICE CREDIT FOR RETIREMENT PURPOSES UPON PAYING THE ACTUARIAL COST AS DETERMINED BY REGULATION.
H. 3872 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO FIRE PREVENTION AND LIFE SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 666, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1263 -- Senators Ravenel, Fielding and McConnell: A BILL TO AMEND SECTIONS 6-25-20 AND 6-25-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "COST", OR "COST OF A PROJECT", CHANGE THE DEFINITION OF "MUNICIPALITY" AND "MEMBER OF A JOINT SYSTEM", TO PROVIDE ADDITIONAL POWERS FOR JOINT MUNICIPAL WATER SYSTEMS, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 6-25-111, 6-25-112, 6-25-113, 6-25-114, 6-25-125, 6-25-126, 6-25-127, 6-25-128, 6-25-145, AND 6-25-155, SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR JOINT MUNICIPAL WATER SYSTEMS.
S. 1016 -- Senators Peeler and Lee: A BILL TO AMEND SECTION 12-35-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETAIL BUSINESS LICENSE, SO AS TO EXEMPT FROM THE LICENSE REQUIREMENT ORGANIZATIONS CONDUCTING CONCESSION SALES EXEMPT FROM SALES TAX AT FESTIVALS, AND TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT CONCESSION SALES AT FESTIVALS RECOGNIZED BY THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM BY ORGANIZATIONS DEVOTED EXCLUSIVELY TO PUBLIC OR CHARITABLE PURPOSES IF THE ENTIRE NET PROCEEDS ARE USED FOR THOSE PURPOSES.
S. 748 -- Senator Setzler: A BILL TO AUTHORIZE A COUNTY TREASURER OR TAX COLLECTOR TO DELEGATE TO A DEPUTY TREASURER, TO A DEPUTY TAX COLLECTOR, OR TO THE COUNTY SHERIFF THE POWER TO SEIZE AND LEVY UPON PROPERTY OF A DEFAULTING TAXPAYER FOR NONPAYMENT OF PROPERTY TAXES.
The following Bill was taken up.
H. 2353 -- Rep. Harvin: A BILL TO ENACT "THE ANIMAL FIGHTING AND BAITING ACT," TO PROVIDE FOR THE SEIZURE, CARE, AND DISPOSITION OF ANIMALS AND TO PROVIDE PENALTIES, TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF OWNING AN ANIMAL FOR THE PURPOSE OF FIGHTING OR BAITING, BEING A PARTY TO OR CAUSING ANY FIGHTING OR BAITING OF ANY ANIMAL, PURCHASING, RENTING, LEASING, OR OTHERWISE ACQUIRING OR OBTAINING THE USE OF ANY STRUCTURE, FACILITY, OR LOCATION FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL, OR KNOWINGLY ALLOWING OR PERMITTING OR MAKING AVAILABLE ANY STRUCTURE, FACILITY, OR LOCATION TO BE USED FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL.
Debate was resumed on Amendment No. 1, which was introduced on Wednesday, May 7, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. WINSTEAD explained the amendment.
The amendment was then adopted.
Rep. WINSTEAD proposed the following Amendment No. 2 (Doc. No. 4281R).
Amend the bill, as and if amended, SECTION 2, page 1, by striking item (b) and inserting:
/(b) "Fighting" means an attack with violence by an animal against another animal or a human.
(c) "Baiting" means to provoke or to harass an animal with one or more animals with the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals or between animals and humans./
Reletter items to conform.
Amend totals and title to conform.
Rep. WINSTEAD explained the amendment.
Reps. KLAPMAN, BLACKWELL, GORDON and KOON objected to the Bill.
On motion of Rep. MANGUM, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.
S. 985 -- Senators Dennis, Lindsay and Holland: A BILL TO AMEND SECTION 9-1-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LUMP-SUM CONTRIBUTIONS BY A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO BECOME ENTITLED TO CREDITABLE SERVICE FOR OUT-OF-STATE SERVICE, SO AS TO PROVIDE THAT A MEMBER WHO ELECTS TO RECEIVE CREDITABLE OUT-OF-STATE SERVICE MAY ESTABLISH A PORTION OF THE SERVICE ON A ONE-TIME BASIS.
The following Bill was taken up.
H. 3771 -- Reps. Hawkins, S. Anderson, Faber, Woodruff, Sharpe, Kay, Aydlette, Jones, J.C. Johnson, Wilkins, J. Rogers, Mitchell, K. Bailey, Harvin, White, McBride, Waldrop, Chamblee, McLellan, J. Bradley, J. Arthur, Gordon, B.L. Hendricks, J. Brown, Bennett, Kirsh, Taylor, Mattos, Thrailkill, Cooper, J. Harris, Townsend, Winstead and Huff: A BILL TO PERMIT ANY PERSON UNDER CERTAIN CONDITIONS TO SELECT THE DENTIST OF HIS CHOICE; TO PROVIDE THAT ANY LICENSED DENTIST IN THIS STATE MAY PARTICIPATE IN SUCH SELECTION; TO PROVIDE FOR THE DISSEMINATION OF BENEFIT INFORMATION, FOR METHODS OF PAYMENT FOR DENTAL CARE SERVICE, AND FOR THE RIGHT OF ANY DENTIST LICENSED IN THE STATE TO PARTICIPATE AS A CONTRACTING PROVIDER IN ANY PREPAYMENT PLAN; AND TO PROHIBIT DISCRIMINATION IN REIMBURSEMENT TO NONCONTRACTING PROVIDERS.
Rep. McLEOD moved to commit the Bill to the Committee on Labor, Commerce and Industry.
Rep. HAWKINS moved to table the motion and demanded the yeas and nays, which were ordered.
Rep. BEASLEY raised the Point of Order that a member may object to a Bill at any time while it was before the House for consideration, notwithstanding the fact that a motion was on the floor.
The SPEAKER Pro Tempore stated the House was in the middle of a roll call vote, therefore the Point of Order came too late.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, J. Anderson, S. Beasley Blanding Brett Brown, H. Brown, J. Burriss, M.D. Chamblee Cleveland Cooper Cork Davenport Derrick Faber Ferguson Foster Foxworth Gentry Hawkins Hayes Hendricks, B. Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Lake Martin, D. Mattos McEachin McLellan McTeer Mitchell Pearce Petty Phillips, O. Rhoad Rice Rogers, J. Russell Short Snow Thrailkill Townsend Tucker Waldrop Washington Wilkins Williams Winstead
Those who voted in the negative are:
Schwartz Alexander Arthur, J. Arthur, W. Bailey, G. Bennett Blackwell Boan Brown, R. Burriss, T.M. Carnell Day Fair Freeman Gilbert Gordon Gregory Harris, J. Harris, P. Hearn Jones Klapman Koon Lockemy Mangum Martin, L. McAbee McKay McLeod Moss Neilson Nettles Ogburn Phillips, L. Rogers, T. Sheheen Shelton Simpson Sturkie
So, the motion to table was agreed to.
Reps. BEASLEY, McLELLAN, HUFF, THRAILKILL, COOPER, GORDON, KOON, DAVENPORT, McLEOD, McKAY and SHELTON objected to the Bill.
Rep. BEASLEY moved to adjourn debate upon the following Bill until Tuesday, May 13, 1986, which was adopted.
S. 1062 -- Senator Long: A BILL TO AMEND SECTIONS 61-3-710, AND 61-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN LICENSES OR PERMITS ISSUED BY THE ALCOHOLIC AND BEVERAGE CONTROL COMMISSION SO AS TO PROVIDE THAT THESE LICENSES OR PERMITS EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR AND TO PROVIDE THAT THESE PERMITS AND LICENSES ISSUED FOR THE 1986-87 LICENSE YEAR SHALL EXPIRE ON SEPTEMBER 30, 1987; TO AMEND SECTION 61-5-80, AS AMENDED, RELATING TO LICENSE FEES TO SELL ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS SO AS TO REVISE THE MANNER IN WHICH FEES FOR PARTIAL LICENSE YEARS ARE COMPUTED; AND TO AMEND SECTION 61-9-310 RELATING TO PERMITS TO SELL BEER OR WINE SO AS TO PROVIDE THAT THESE PERMITS SHALL EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR, TO PROVIDE THAT PERMITS ISSUED FOR LICENSE YEAR 1986-87 EXPIRE ON SEPTEMBER 30, 1987, AND TO ELIMINATE THE PERMIT FOR THE SALE OF BEER FOR CONSUMPTION OFF OF THE PREMISES.
Rep. MANGUM moved to adjourn debate upon the following Bill until Wednesday, May 14, 1986, which was adopted.
S. 1160 -- Senators Ravenel, E. Patterson, Theodore and Nell W. Smith: A BILL TO AMEND SECTION 12-7-435, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED IN DETERMINING SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW A TWO THOUSAND DOLLAR DEDUCTION TO A TAXPAYER WHO HAS ADOPTED A "SPECIAL NEEDS CHILD" AND FURNISHES THE CHILD'S CHIEF SUPPORT, AND TO DEFINE THE TERM "SPECIAL NEEDS CHILD".
The following Bill was taken up.
H. 3670 -- Reps. P. Bradley, Toal, O. Phillips, Hawkins, Ferguson, Davenport, Gregory and Wilkins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SAFETY, BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA SWIMMING POOL CONTRACTORS' REGULATION ACT OF 1986" AND TO PROVIDE PENALTIES FOR VIOLATION.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5793k).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Title 23 of the 1976 Code is amended by adding:
Section 23-46-10. This chapter may be cited as the 'South Carolina Swimming Pool Contractors' Regulation Act of 1986.'
Section 23-46-20. The South Carolina Licensing Board for Contractors shall enforce the provisions of this chapter and may promulgate regulations to carry out its provisions.
Section 23-46-30. It is unlawful for any person for consideration to engage in the planning, sale, installation, repair, alteration, or addition of a swimming pool in this State except in conformity with the provisions of this chapter. These provisions do not apply to persons installing, repairing, or maintaining swimming pools on their own property, the property of their immediate family, or that of their normal employer.
Section 23-46-40. Any person desiring to become a licensed swimming pool contractor shall submit to the South Carolina Licensing Board for Contractors, on forms provided by it, an application complete with all information required by the Board. The application must be accompanied by a fee of one hundred dollars which is not refundable.
Section 23-46-50. The Board may not issue a license unless the applicant provides proof that he is bonded in an amount not less than twenty-five thousand dollars insuring the proper completion of a swimming pool contract of his upon his default.
Section 23-46-60. If an application has been approved, the fee paid, and proof of bond provided, the Board shall issue within thirty days a South Carolina swimming pool contractor's license in the name of the applicant.
Section 23-46-70. The South Carolina swimming pool contractor's license expires annually at midnight on June thirtieth. At least thirty days prior, the swimming pool contractor must submit a renewal application. A renewal fee of one hundred dollars must be submitted with the application. A revoked or expired license may be reinstated by making application as before and payment of the fee.
All funds collected pursuant to this chapter must be deposited in the State Treasury to the credit of the General Fund.
Section 23-46-80. If a swimming pool contractor desires to do business in any part of the State he is required to deliver to the local building official a copy of his swimming pool contractor's license. The local building official shall require a copy of the license before issuing a local license or building permit. The licensed swimming pool contractor is also required to pay any fees normally imposed for local licenses or permits.
Section 23-46-90. Nothing in this chapter limits the power of a municipality, county, or the State to regulate the quality and character of work performed by swimming pool contractors, through a system of licenses or permits, fees, and inspections which are designed to assure compliance with, and aid in the implementation of, state and local laws for the protection of the public health and safety. Nothing in this chapter limits the power of a municipality, county, or the State to adopt any system of licenses or permits requiring submission to and approval by the municipality, county, or the State, of plans and specifications for work to be performed by swimming pool contractors before commencement of the work.
Section 23-46-100. Any person violating the provisions of this chapter or any regulations promulgated hereunder is guilty of a misdemeanor and upon conviction must be punished by a fine not exceeding two hundred dollars or by a term of imprisonment not exceeding thirty days and is also grounds for revocation of a swimming pool contractor's license.
Section 23-46-110. A person who has a general contractor's or mechanical contractor's license issued by this State as provided by law is not required to have a swimming pool contractor's license provided, however, that anyone constructing swimming pools under this exemption is required to meet the bonding requirement in section 23-46-50."
Section 23-46-120. The South Carolina Department of Consumer Affairs shall be responsible for handling and evaluating complaints regarding the purchase, construction or financing of a swimming pool. The department shall regularly report to the South Carolina Licensing Board for Contractors on the status of swimming pool complaints. Whenever possible the Department and the Board will cooperate to resolve complaints.
SECTION 2. This act shall take effect on January 1, 1987.
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
Reps. TUCKER and SHARPE objected to the Bill.
Rep. T.M. BURRISS continued speaking.
Rep. FOSTER objected to the Bill.
The following Bill was taken up.
H. 3826 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-21-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO TRUST BUSINESS, SO AS TO INCLUDE WITHIN THE DEFINITION OF "TRUST INSTITUTION" ANY NATIONAL BANK OR TRUST COMPANY AUTHORIZED TO ACT IN A FIDUCIARY CAPACITY IN THIS STATE AND UNDER THE SUPERVISION OF THE COMPTROLLER OF THE CURRENCY OF THE UNITED STATES, OR THE FEDERAL RESERVE SYSTEM, OR THE STATE BOARD OF BANK CONTROL, AND DELETE THE REFERENCES TO A STATE BANK, NATIONAL BANK, BUILDING AND LOAN ASSOCIATION, SAVINGS ASSOCIATION, SAVINGS AND LOAN ASSOCIATION, SAVINGS BANK, OR ANY TRUST COMPANY AUTHORIZED TO CONDUCT A TRUST BUSINESS IN THIS STATE, AND TO ADD THE DEFINITION OF "AFFILIATE"; TO AMEND SECTION 34-21-220, RELATING TO THE COLLECTIVE INVESTMENT OF FUNDS BY A TRUST INSTITUTION, SO AS TO AUTHORIZE THE AFFILIATE OF A TRUST INSTITUTION TO INVEST IN COMMON TRUST FUNDS WHICH ARE MAINTAINED BY THE TRUST INSTITUTION.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5791k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Item (1) of Section 34-21-210 of the 1976 Code, as last amended by Section 7 of Act 124 of 1985, is further amended to read:
"(1) 'Trust institution' means any state bank, any national bank, any building and loan association, savings association, savings and loan association, savings bank, or any trust company authorized to conduct a trust business in this State; or any trust company, authorized to act in a fiduciary capacity in this State, and under the supervision of the Comptroller of the Currency of the United States, or the Federal Reserve System or the State Board of Bank Control of South Carolina;"
SECTION 2. Section 34-21-210 of the 1976 Code is amended by adding the following item:
"(8) The term 'affiliate' means any bank, state or national, or trust company which is (i) duly authorized to act as a fiduciary, wherever located, (ii) under the supervision of the Comptroller of the Currency of the United States, the Federal Reserve System, or a state banking regulatory board or commission, and (iii) a member of the same affiliated group, as defined in Section 1504 of the Internal Revenue Code of 1954, as amended, as a particular trust institution."
SECTION 3. Item (1) of Section 34-21-220 of the 1976 Code is amended to read:
"(1) In common trust funds maintained by the trust institution or its affiliate exclusively for the collective investment and reinvestment of moneys monies contributed thereto by the trust institution or its affiliate in its capacity their capacities as executor, administrator, committee, guardian, or trustee under a will or deed;"
SECTION 4. This act shall take effect upon approval by the Governor.
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that H. 3826 be read the third time tomorrow.
The following Bill was taken up.
S. 433 -- Senator Theodore: A BILL TO ENACT THE "SOUTH CAROLINA REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES ACT OF 1986", TO MAKE CERTAIN VIOLATIONS AND THE COMMISSION OF CERTAIN ACTS A MISDEMEANOR, AND TO PROVIDE PENALTIES.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5809k).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. This act is known and may be cited as the "South Carolina Regulation of Burglar Alarm System Businesses Act of 1986".
SECTION 2. No private person, firm, association, partnership, or corporation may engage in, perform any services as, or in any way represent or hold itself out as engaging in an alarm system business or activity in this State without having first complied with the provisions of this act, including obtaining a valid license to engage in, perform any services as, or in any way represent or hold itself out as engaging in an alarm system business or activity. The license must be obtained from the board established by this act South Carolina State Licensing Board for Contractors. Compliance with licensing requirements of this act does not relieve any person, firm, association, partnership, or corporation from compliance with any other licensing law.
SECTION 3. As used in this act, "burglar alarm system business" means any person, firm, association, partnership, or corporation which installs, services, or responds to electrical, electronic, or mechanical alarm signal devices, burglar alarms, television cameras, or still cameras used to detect burglary, breaking or entering, or intrusion, shoplifting, pilferage, or theft for a fee or other valuable consideration. The term does not include a business or individual which or who merely sells or manufactures alarm systems unless the business services, installs, or responds to alarm systems at the protected premises. The term does not include a person, firm, association, partnership, or corporation which merely owns and installs an alarm system on property owned or leased by itself. The term 'burglar alarm system business' does not include any 'telephone utility' regulated under the provisions of Section 58-9-10 et. seq. of the S. C. Code of Laws (1976). The regulation of alarm system businesses does not include installation, servicing, or responding to fire alarm systems or any alarm device which is installed in a motor vehicle, aircraft, or boat. The regulation of alarm system businesses is exclusive to the board established by this act, but no No county or municipality is prevented from requiring within its jurisdiction the registration of the alarm system businesses' names or the filing of copies of board licensure or from adopting an ordinance to require users of alarm systems to obtain permits when usage involves automatic signal transmission to a law enforcement agency.
SECTION 4. The Burglar Alarm System Businesses Regulatory Board (board) is established to administer the licensing and set educational and training requirements for persons, firms, associations, partnerships, and corporations engaged in the alarm system business within this State.
The board consists of five members appointed by the Governor upon advice and consent of the Senate. Two of the members must be licensees under this act. The other members must not be licensees of the board or licensed by the board while serving as board members. The term of office is four years. However, two members, as designated by the Governor, shall serve an initial term of two years. No person is eligible for reappointment to the board after eight years of continuous service. However, the board members serving initial terms of two years are not eligible for reappointment to the board after ten years of continuous service. Board members may continue to serve until their successors have been appointed and qualify for office.
Vacancies on the board occurring for any reason must be filled in the same manner as original appointment and any person appointed to fill a vacancy shall serve the remainder of the unexpired term.
Each member of the board, before assuming the duties of his office, shall take an oath for the faithful performance of his duties. A board member may be removed by the Governor for misconduct, incompetence, or neglect of duty.
Members are allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions.
The board shall elect a chairman and a vicechairman from among its members at the first meeting after July first of each year. The chairman and vice-chairman shall serve a term of one year but are eligible for reelection. The board shall meet in Columbia and shall conduct four regular meetings annually, one each in the months of January, April, August, and November. Otherwise the board shall meet at the call of the chairman or of a majority of the members at the time and on the date specified by the chairman or decided upon by a majority of the members. The board may employ a secretary and any other staff the board considers necessary to assist the board in the performance of its duties under this act. The salary of the secretary and any other staff must be paid from the fees collected by the board.
The board shall report to the Governor and to the presiding officers of the respective houses of the General Assembly annually in January concerning its activities required or otherwise provided for under this act.
SECTION 5. In addition to any other powers conferred upon the board it has the power to:
(a) promulgate regulations necessary to carry out and administer the provisions of this act, including, but not limited to, the authority to require the submission of reports and information by licensees under this act and by applicants for licensure.
(b) determine minimum qualifications and establish minimum education, experience, and training standards for applicants and licensees.
(c) conduct investigations regarding alleged violations of any of the provisions of this act or regulations promulgated by the board and make evaluations to determine if licensees are complying with the provisions of this act.
(d) approve applicants to be licensed.
(e) deny, suspend, or revoke any license issued or to be issued to any applicant or licensee who fails to satisfy the requirements of this act and regulations. No license issued or to be issued may be denied, suspended, or revoked without a hearing. The determination of whether to deny, suspend, or revoke any license issued or to be issued is considered a "contested case" within the meaning ascribed to that term under Article II (Administrative Procedures) of Act 176 of 1977; any hearing and all attendant matters, including judicial review, are as prescribed by that article of that act.
(f) in any hearing or matter not a "contested case", issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records, and documents. The court of common pleas shall, on application of the board, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of pertinent books, accounts, records, and documents and has the power to punish as for contempt of court, by a fine or imprisonment or both, the unexcused failure or refusal to attend and give testimony or produce pertinent books, accounts, records, and documents as required in any subpoena issued by the board. The board may issue to the sheriff of the county in which the hearing or matter is conducted a warrant requiring him to produce at the hearing any witness who has ignored or failed to comply with any subpoena issued by the board and duly served on the witness. The warrant shall authorize the sheriff to arrest and produce at the hearing the witness, and it is the sheriff's duty to do so. However, the failure of a witness to appear in response to the subpoena may be excused on the same grounds as provided by law in the courts of this State as to the attendance of witnesses and jurors.
SECTION 6 4. The Attorney General and the South Carolina Department of Consumer Affairs have has the power to investigate or cause to be investigated any complaints, allegations, or suspicions of wrongdoing or violations of this act or regulations, involving any person, firm, association, partnership, or corporation licensed or to be licensed.
SECTION 7 5. (A) Any person, firm, association, partnership, or corporation desiring to carry on or engage in an alarm system business shall make a verified application to the South Carolina State Licensing Board for Contractors in writing to the board.
(B) The application shall include:
(1) full name and business address of the applicant.
(2) the name under which the applicant intends to do business.
(3) a statement as to the general nature of the business in which the applicant intends to engage.
(4) if an applicant is a person other than an individual, the full name and address of each of its partners, principal officers, directors, and its business manager, if any.
(5) the names and addresses of not less than three unrelated and disinterested persons as references of whom inquiry can be made as to the character, standing, and reputation of the person or persons making the application.
(6) other pertinent information, evidence, statements, or documents required by the board.
(C) A business entity including other than a sole proprietorship may not do business unless it has in its employ a designated qualifying agent who meets the requirements for a license and who is in fact licensed. A qualifying agent means an individual in a management position who is licensed and whose name and address have been registered with the board. In the event that the qualifying agent upon whom the business entity relies in order to do business ceases to perform his duties as qualifying agent, the business entity shall notify the board within ten working days. The business entity shall obtain a substitute qualifying agent within thirty days after the original qualifying agent ceases to serve as qualifying agent unless the board, in its discretion, extends this period for good cause for a period not to exceed ninety days. The license authorizing the business entity to engage in an alarm system business shall list the name of at least one designated qualifying agent.
(D) Upon receipt of an application, the board shall cause a background investigation to be made during which the applicant is required to show that he meets all of the following requirements and qualifications which are prerequisite to obtaining a license:
(1) that he is at least eighteen years of age.
(2) that he is of good moral character and temperate habits. The following are prima facie evidence that the applicant does not have good moral character or temperate habits: conviction of any crime involving the illegal use, carrying, or possession of a firearm; conviction of any crime involving the illegal use, possession, sale, manufacture, distribution, or transportation of a controlled substance, drug, narcotic, or alcoholic beverages; conviction of a crime involving felonious assault or an act of violence; conviction of a crime involving unlawful breaking or entering, burglary, or larceny; any offense involving moral turpitude; or a history of addiction to alcohol or a narcotic drug. "Conviction" means the entry of a plea of guilty or nolo contendere or a verdict rendered in open court by a judge or jury.
(3) that he has the necessary qualifications in order to determine the applicant's competency and fitness as the board determines by regulation for the issuance of all licenses.
(E) The board may require the applicant to demonstrate his qualifications by oral or written examination, or both.
(F) The application must be on a form or forms determined by the board and must be accompanied by a nonrefundable application fee. The board shall set the application fee by regulation.
(G) Upon a finding that the application is in proper form, the completion of the background investigation, and the completion of any required examination, the board shall determine whether to approve or deny the application. Upon approval, a license must be issued upon payment by the applicant of the initial license fee and furnishing of the required cash bond or surety bond and certificate of liability insurance. The grounds for denial include:
(1) commission of any act which, if committed by a licensee, would be grounds for the suspension or revocation of a license.
(2) conviction of a crime involving fraud.
(3) lack of good moral character or temperate habits.
(4) previous denial of a license or previous revocation of a license for cause.
(5) knowingly making any false statement or misrepresentation in his application.
(H) Every license is valid for a period of two years. A license may be renewed in the manner and under the terms the board determines. The board shall set the initial license fee and the renewal fee by regulation. No initial license or renewal of a license may be granted until any required fee has been paid.
SECTION 8 6. (A) The license must be in the form determined by the board and shall state:
(1) the name and address of the licensee.
(2) the name under which the licensee is to operate.
(3) the number and expiration date of the license.
(B) All licenses must be renewed prior to the expiration of the period of the license, except as otherwise provided by this act.
The license must at all times be posted in a conspicuous place in the principal place of business of the licensee. No license is assignable.
(C) No licensee may conduct an alarm system business under a name other than the name under which his license was obtained or the name of the business entity under which the licensee is doing business and which name and address of the business entity must have been registered with the board.
(D) The operator or manager of any branch office must be licensed, and his license must be posted at all times in a conspicuous place in the branch office. Every business covered under this act shall file in writing with the board the address of each of its branch offices, if any, within ten working days after the establishment, closing, or changing of the location of any branch office.
(E) An application fee and an initial license fee or a renewal license fee must be paid with respect to each license in addition to the basic license. A late renewal fee, which must be set by the board, must be paid in addition to the renewal fee due if the license has not been renewed on or before the expiration date of the license. In no event may renewal be granted more than three months after the date of expiration of a license.
(F) Fees collected must be expended by the board for the purpose of defraying the expense of administering this act, except as otherwise provided. Any fees which are not used to defray the expense of administering this act must be remitted by the board annually to the State Treasurer, who shall deposit the excess fees in the general fund of the State.
SECTION 9 7. Upon notification of approval of his application by the board, an applicant shall furnish evidence that he has obtained the necessary bond and liability insurance required by Section 10 8, or his application lapses.
SECTION 10 8. (A) An applicant may not be issued or have renewed a license unless he files with the board and maintains a surety bond executed by a surety company authorized to do business in this State in a sum of five thousand dollars or a cash bond, in lieu of the surety bond, in a sum of five thousand dollars to protect the public from the wrongful or illegal acts of the bond principal or his agents operating in the course and scope of the principal's agency. Only one bond is required regardless of the number of licenses which an applicant is issued under an application or renewal.
(B) The bond must be taken in the name of the people of the State of South Carolina. Every person injured by wrongful or illegal acts of the principal or his agents operating in the course and the scope of the principal's agency may bring an action on the principal's bond in the person's own name to recover damages suffered by reason of the wrongful or illegal act. The aggregate liability of the surety for all breaches of the condition of the bond may, in no event, exceed the sum of the bond.
(C) Persons registered pursuant to Section 11 9 are not required to obtain a bond or certificate of liability insurance.
(D) The surety has a right to cancel the bond upon giving thirty days' notice to the board. The cancellation does not affect any liability on the bond which accrued prior to cancellation. The bond must be approved by the board as to form, execution, and sufficiency of the surety.
(E) No license may be issued unless the applicant files with the board evidence of a policy of liability insurance which policy shall provide for the following minimum coverage: fifty thousand dollars because of bodily injury or death of one person as a result of the negligent act or acts of the principal insured or his agents operating in the course and scope of the principal's agency; subject to the limit for one person, one hundred thousand dollars because of bodily injury or death of two or more persons as the result of the negligent act or acts of the principal insured or his agents operating in the course and scope of the principal's agency; twenty thousand dollars because of injury to or destruction of property of others as the result of the negligent act or acts of the principal insured or his agents operating in the course and scope of the principal's agency.
(F) An insurance carrier has the right to shall notify the board upon the cancellation by a licensee of its policy of liability insurance or the cancellation by the insurance carrier of the licensee's policy of insurance cancel the policy of liability insurance upon by giving thirty days' notice to the board. The cancellation does not affect any liability on the policy which accrued prior to cancellation. The policy must be approved by the board as to form, execution, and terms.
(G) Persons registered pursuant to Section 11 9 are not required to obtain a certificate of liability insurance.
(H) Every licensee shall at all times maintain on file with the board the required bond and certificate of insurance in full force and effect and, upon failure to do so, the license must automatically be suspended and may not be reinstated until an application for license, in the form prescribed by the board, is filed together with a proper bond or insurance certificate.
No cancellation or refusal to renew by an insurer is effective unless the insurer has given the insured licensee notice of the cancellation or refusal to renew. Upon termination of insurance coverage, the insurer shall give notice to the board.
(I) The board may deny the application notwithstanding the applicant's compliance with this section:
(1) for any reason which would justify refusal to issue or a suspension or revocation of a license; or
(2) for the performance by the applicant of any practice, while under suspension for failure to keep the bond or insurance certificate in force, for which a license is required.
SECTION 11 9. (A) All licensees, within ten days of the beginning of employment of an employee who will be engaged in the providing of alarm system services, unless the board, in its discretion, extends the period for good cause, shall furnish the board with the following: two sets of classifiable fingerprints of the employee on standard F.B.I. applicant cards; two recent photographs of the employee of acceptable quality for identification; and statements of any criminal records of the employee obtained from the State Law Enforcement Division or county sheriff or chief of police of any municipality in South Carolina or clerk of court in each county in South Carolina where the employee has resided within the immediately preceding twenty-four months.
(B) A licensee may not employ an employee referred to in subsection (A) unless the employee is properly registered, unless otherwise exempted by another provision of this act.
(C) The board must be notified in writing of the termination of any registered employee within ten days after the termination.
(D) An employee referred to in subsection (A) shall make application to the board for a registration card which the board must issue to the employee-applicant after receipt of the information required under subsection (A) and after the employee-applicant meets any additional requirements which the board, in its discretion, considers necessary. The registration card must be in the form of a pocket card designed by the board, must be issued in the name of the employeeapplicant, and shall have the employee-applicant's photograph affixed. The registration card expires two years after its date of issuance and must be renewed upon expiration. If an employee changes employment to another alarm system business, the registration card remains valid. The board is authorized to charge the employee-applicant a registration fee for initial registration, in an amount not to exceed fifteen dollars, and a renewal fee, in an amount not to exceed ten dollars.
(E) A licensee may employ a person properly registered or licensed as an alarm system business employee in another state for a period not to exceed ten days in any given month. The licensee, prior to employing the person, shall submit to the board the name, address, and social security number of the person and the name of the state of current registration or licensing. Board approval of the employment of the person in this State must be obtained prior to the person's being employed.
(F) A licensee may employ a person as an alarm system business employee for a period not to exceed thirty days in any given calendar year without registering the employee, if the licensee submits to the board a quarterly report which provides the board with the name, address, social security number, and dates of employment of the employee.
SECTION 12 10. The board may, after compliance with Article II (Administrative Procedures) of Act 176 of 1977, suspend or revoke a license if the board determines that the licensee has done any of the following:
(1) made any false statement or given any false information in connection with any application for a license or for the renewal or reinstatement of a license.
(2) violated any provision of this act.
(3) violated any regulation promulgated by the board.
(4) been convicted of any crime involving moral turpitude or any other crime involving violence or the illegal use, carrying, or possession of a dangerous weapon.
(5) impersonated, permitted, aided, or abetted any other person to impersonate a law enforcement officer of the United States or of this State or of any of this state's political subdivisions.
(6) engaged in or permitted any employee to engage in an alarm system business when not lawfully in possession of a valid license.
(7) wilfully failed or refused to render to a client service as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.
(8) knowingly made any false report to a client.
(9) committed an unlawful breaking or entering, assault, battery, or kidnapping.
(10) knowingly violated or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.
(11) committed any other act which is grounds for the denial of an application for a license.
(12) failed to maintain the required cash bond, surety bond, or certificate of liability insurance.
(13) committed any act prohibited under Section 14 12.
(14) if a business entity other than including a sole proprietorship licensed pursuant to this act, failed to notify the board of the cessation of employment of the business entity's qualifying agent within the applicable time or failed to obtain a substitute qualifying agent within thirty days after its qualifying agent has ceased to serve as the business entity's qualifying agent, except as otherwise provided.
(15) received any judgment of incompetency by a court having jurisdiction or commitment to a mental health facility for treatment of mental illness by a court having jurisdiction.
SECTION 13 11. Every advertisement by a licensee soliciting or advertising for business shall contain his name as it appears in the records of the board and the name in which the license was issued.
SECTION 14 12. It is unlawful for anyone not licensed or registered to:
(a) advertise or hold himself out to be a licensee;
(b) advertise or hold himself out to perform services for which a license is required; or
(c) perform or aid or abet any other individual to perform services for which a license or registration is required, when, in fact, the individual is not licensed or registered.
SECTION 15 13. Any person, including any agent or employee of any person, violating any of the provisions of this act, committing any of the acts specified in Section 14 12, or knowingly violating any regulation of the board is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both.
SECTION 16 14. (A) The board shall provide by regulation for an hard wire alarm system business license. Applicants for an hard wire alarm system business license shall comply with one of the following requirements:
(1) establish to the board's satisfaction three years' experience, within the immediately preceding five years, in hard wire alarm systems installation and service; or
(2) successfully pass an oral or written examination considered by the board to measure an individual's knowledge and competence in the hard wire alarm system business.
(B) The board may give up to two years' credit toward the experience requirement set forth in item (1) of subsection (A), as follows:
(1) one year of credit for a two-year associate degree in electronics conferred by an accredited technical college or center or by an accredited college or university.
(2) two years of credit for a bachelor's degree in electrical engineering conferred by an accredited college or university.
(C) The board may determine what credit, if any, may be given for intensive courses in hard wire alarm systems offered by organizations approved by the board.
(D) The board may determine what credit, if any, may be given for degrees awarded by accredited technical colleges or centers or by accredited colleges or universities other than those set out in subsection (B), with respect to hard wire alarm system business licenses, but the credit may not exceed two years.
(E) The board may establish other requirements for an hard wire alarm system business license it considers necessary.
SECTION 17. (A) The board shall provide by regulation for a wireless alarm system business license. Applicants for a wireless alarm system business license shall comply with one of the following requirements:
(1) establish to the board's satisfaction three years' experience, within the immediately preceding five years, in wireless alarm systems installation and service; or
(2) satisfactorily complete a course in wireless alarm systems installation and service given by any school specializing in wireless alarm systems installation and service which has been approved by the board and consists of not less than thirty hours of actual classroom instruction in wireless alarm system installation and service.
(B) The board may establish other requirements for a wireless alarm system business license it considers necessary.
SECTION 18. 15. (A) To the extent that other states which provide for licensing of alarm system businesses provide for similar action for persons of this State, the board, in its discretion, may grant a license to a nonresident who holds a valid license of the same type from another state upon satisfactory proof furnished to the board that the standards of licensure in the other state are at least substantially equivalent to those prevailing in this State. Applicants shall make application to the board on the form or forms prescribed by the board for all applicants, shall comply with the provisions of Section 10 8, and shall pay any fee required of applicants.
(B) The board, in its discretion, may issue a temporary permit to a nonresident who has complied with the provisions of Section 10 and who is validly licensed in another state to engage in an alarm system activity incidental to a specific case originating in another state. A temporary permit may be issued for a period of no more than thirty days and may be renewed. A temporary permit may contain restrictions which the board, in its discretion, considers appropriate. The board is authorized to charge a fee for a nonresident temporary permit, in an amount not to exceed fifty dollars.
SECTION 29. 16. This act shall take effect on July 1, 1986 1987.
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. TUCKER 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 694 -- Senator Applegate: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-23-43 SO AS TO PROVIDE FOR SUBDIVISION REGULATIONS FOR RESERVATION AND DEDICATION OF LAND FOR PUBLIC RECREATIONAL PURPOSES OR THE PAYMENT OF CASH CONTRIBUTIONS EARMARKED IN LIEU OF THOSE PURPOSES; SECTION 5-23-45 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL COUNCIL AMENDMENTS TO THE ZONING ORDINANCE WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATION OF LAND EARMARKED FOR PUBLIC PARKING SPACES; SECTION 5-23-47 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANNED RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-685 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANT, RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-687 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE CITY COUNCIL AMENDMENTS TO THE ZONING ORDINANCES WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATIONS OF LAND EARMARKED FOR PUBLIC PARKING SPACES; TO AMEND SECTION 5-23-20, RELATING TO THE DIVISION OF A MUNICIPALITY INTO ZONING DISTRICTS, SO AS TO ADD TO THE POWERS CONFERRED UPON MUNICIPALITIES THE AUTHORITY TO REQUIRE OFF-STREET PARKING AND LOADING AND TO PROVIDE THAT THE REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION MAY PROVIDE THAT LAND, BUILDINGS, AND STRUCTURES AND THE USES THEREOF, WHICH ARE LAWFUL AT THE TIME OF ENACTMENT OR AMENDMENT OF ZONING REGULATIONS, MAY BE CONTINUED; TO AMEND SECTION 5-23-60, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE ZONING COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY APPROVAL OF CONDITIONAL PERMITS AUTHORIZED BY THE ZONING ORDINANCE; TO AMEND SECTION 5-23-620, RELATING TO THE CONTENTS OF REGULATIONS GOVERNING LAND SUBDIVISIONS, SO AS TO MAKE A TECHNICAL AMENDMENT; AND TO AMEND SECTION 5-23-680, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE PLANNING COMMISSION TO THE MUNICIPAL GOVERNING BODY, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND THE APPROVAL OF CONDITIONAL PERMITS.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5807k).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 5-23-43. Subdivision regulations may further provide for reservation and dedication of land for parks, playgrounds, or other public recreational purposes or the payment of cash contributions earmarked for such purposes in lieu thereof, at the election of the zoning commission, subsequent to its adoption but only after the adoption by the local governing body of a comprehensive park and recreation plan which includes guidelines for preferred open-space reservation locations. In order to avail itself of the powers conferred by this article, the governing body must adopt regulations in accordance with this Section."
The regulations must provide that a subdivider of land dedicate land areas, sites and locations for park, playgrounds or other public recreational purposes, as are reasonably necessary to serve the proposed subdivision and the future residents thereof. The land required to be dedicated shall bear a reasonable relationship to the impact on park, playground and recreational needs posed by the anticipated number of future developments in the area subdivided. The regulations must set forth the standards to be applied in determining the amount of land that is required to be dedicated, which standards must be based upon the number and type of dwelling units or structures to be included in each subdivision and upon studies and surveys conducted be the local governing body to determine the need, if any, for parks, playgrounds, or other recreational purposes generated by the proposed future subdivisions and residents thereof.
The local governing body may also adopt, as part of its subdivision control regulations, provisions requiring a subdivider, in lieu of such dedication, to pay to the local governing body a sum of money equal to the value of land that would otherwise be required to be so dedicated, where the local governing body determines that it would not be in the public interest to accept a dedication in connection with a particular proposed subdivision. The regulations must set forth the standards to be applied in determining when it is not in the public interest to accept a dedication. The regulations must provide that the in lieu fee to be paid by a subdivider be based upon the per acre value of the actual land subdivided.
The regulations must also provide for the manner of making payment. The regulations may provide that the payment be deferred or made in installments following approval of a subdivision plat, and may require the posting of a good and sufficient surety bond guaranteeing the payment thereof. All funds so received must be held by the local governing body in a special account which must be applied and used only for the purpose of acquiring park, playground and recreational sites for the benefit of the future residents of the subdivision for which the payment was made.
The regulations may also provide that the dedication of land, or the payment of a fee in lieu thereof, may be waived, partially or entirely, where a subdivider provides private open space for park, playground and recreational purposes, which space is to be privately owned and maintained by future residents of the subdivision, where it is found to be in the public interest to do so, based upon standards adopted by the local governing body.
The regulations must also provide that the local governing body or an agency thereof, shall have the final decision in selecting the location of land areas to be dedicated for park, playground and recreational purposes. In exercising such authority, the local governing body must take into consideration the variations, the relative desirability and the market value of the land that may be required to be dedicated within the area of any particular proposed subdivision, so as to lessen any adverse impacts upon the subdivision and the subdivider."
"Section 5-23-45. In accordance with a central business district parking facility plan and program, adopted by the zoning commission, which includes guidelines for preferred parking locations and indicates prohibited parking areas, the zoning commission may recommend and the local legislative body may adopt, regulations to the municipal governing body amendments to the zoning ordinance which permit the reduction or waiver of parking requirements within such district or districts in return for cash contributions or dedications of land earmarked for provision of public parking spaces which contributions or dedications and may not be used for any other purpose. Such cash contribution or the value of the land shall not exceed the approximate cost to build the required spaces that would have incurred had not the reduction or waiver been granted."
"Section 5-23-47. The local governing body after review by the The zoning commission may, from time to time, recommend to the municipal governing body adopt conditions with respect to use, hereafter called conditional use regulations permits, for planned residential, commercial, and community facility developments authorized pursuant to the zoning ordinance. The conditional use permits are intended to encourage good community site planning for large residential, commercial, and community facility developments that are planned as a unit., where For planned developments, the district regulations may impose rigidities and thereby prevent achievement of a better site plan within overall zoning bulk and density controls. Conditional use regulations authorized under the provisions of this section may provide for variations from district regulations concerning use, setbacks, lot size, density, bulk and other district requirements to accommodate flexibility in the arrangement of dwellings, shops, vegetation, open spaces, covered malls, parking, institutional facilities, and ancillary structures on the land for the general purpose of promoting and protecting public health, safety, and general welfare."
SECTION 1A. The 1976 Code is amended by adding:
"Section 5-23-605. Subdivision regulations may further provide for reservation and dedication of land for parks, playgrounds, or other public recreational purposes or the payment of cash contributions earmarked for such purposes in lieu thereof, at the election of the zoning commission, subsequent to its adoption but only after the adoption by the local governing body of a comprehensive park and recreation plan which includes guidelines for preferred open-space reservation locations. In order to avail itself of the powers conferred by this article, the governing body must adopt regulations in accordance with this Section."
The regulations must provide that a subdivider of land dedicate land areas, sites and locations for park, playgrounds or other public recreational purposes, as are reasonably necessary to serve the proposed subdivision and the future residents thereof. The land required to be dedicated shall bear a reasonable relationship to the impact on park, playground and recreational needs posed by the anticipated number of future developments in the area subdivided. The regulations must set forth the standards to be applied in determining the amount of land that is required to be dedicated, which standards must be based upon the number and type of dwelling units or structures to be included in each subdivision and upon studies and surveys conducted be the local governing body to determine the need, if any, for parks, playgrounds, or other recreational purposes generated by the proposed future subdivisions and residents thereof.
The local governing body may also adopt, as part of its subdivision control regulations, provisions requiring a subdivider, in lieu of such dedication, to pay to the local governing body a sum of money equal to the value of land that would otherwise be required to be so dedicated, where the local governing body determines that it would not be in the public interest to accept a dedication in connection with a particular proposed subdivision. The regulations must set forth the standards to be applied in determining when it is not in the public interest to accept a dedication. The regulations must provide that the in lieu fee to be paid by a subdivider be based upon the per acre value of the actual land subdivided.
The regulations must also provide for the manner of making payment. The regulations may provide that the payment be deferred or made in installments following approval of a subdivision plat, and may require the posting of a good and sufficient surety bond guaranteeing the payment thereof. All funds so received must be held by the local governing body in a special account which must be applied and used only for the purpose of acquiring park, playground and recreational sites for the benefit of the future residents of the subdivision for which the payment was made.
The regulations may also provide that the dedication of land, or the payment of a fee in lieu thereof, may be waived, partially or entirely, where a subdivider provides private open space for park, playground and recreational purposes, which space is to be privately owned and maintained by future residents of the subdivision, where it is found to be in the public interest to do so, based upon standards adopted by the local governing body.
The regulations must also provide that the local governing body or an agency thereof, shall have the final decision in selecting the location of land areas to be dedicated for park, playground and recreational purposes. In exercising such authority, the local governing body must take into consideration the variations, the relative desirability and the market value of the land that may be required to be dedicated within the area of any particular proposed subdivision, so as to lessen any adverse impacts upon the subdivision and the subdivider.
SECTION 2. The 1976 Code is amended by adding:
"Section 5-23-685. The local governing body after review by the The zoning commission may, from time to time, recommend to the municipal governing body adopt conditions with respect to use, hereafter called conditional use regulations permits, for planned residential, commercial, and community facility developments authorized pursuant to the zoning ordinance. The conditional use permits are intended to encourage good community site planning for large residential, commercial, and community facility developments that are planned as a unit., where For planned developments, the district regulations may impose rigidities and thereby prevent achievement of a better site plan within overall zoning bulk and density controls. Conditional use regulations authorized under the provisions of this section may provide for variations from district regulations concerning use, setbacks, lot size, density, bulk and other district requirements to accommodate flexibility in the arrangement of dwellings, shops, vegetation, open spaces, covered malls, parking, institutional facilities, and ancillary structures on the land for the general purpose of promoting and protecting public health, safety, and general welfare. "
"Section 5-23-687. In accordance with a central business district parking facility plan and program, adopted by the zoning commission, which includes guidelines for preferred parking locations and indicates prohibited parking areas, the zoning commission may recommend and the local legislative body may adopt, regulations to the municipal governing body amendments to the zoning ordinance which permit the reduction or waiver of parking requirements within such district or districts in return for cash contributions or dedications of land earmarked for provision of public parking spaces which contributions or dedications and may not be used for any other purpose. Such cash contribution or the value of the land shall not exceed the approximate cost to build the required spaces that would have incurred had not the reduction or waiver been granted. "
SECTION 3. Section 5-23-20 of the 1976 Code is amended to read:
"Section 5-23-20. For any or all of such the purposes provided in Section 5-23-10, the local legislative municipal governing body may divide the municipality into districts of such number, shape, and area as may be deemed considered best suited to carry out the purposes of this article. Within such the districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. It may require off-street parking and loading. All such the regulations shall must be uniform for each class or kind of building throughout each district, except as provided in Section 5-23-47, but the regulations in one district may differ from those in other districts. The regulations may provide that land, buildings, and structures and the uses thereof which are lawful at the time of enactment or amendment of zoning regulations may be continued although not in conformity with the regulations or amendments, hereinafter called a nonconformity. The municipal governing body, upon recommendation of the zoning commission, may provide in the zoning ordinance for the continuance, restoration, reconstruction, extension, or substitution of nonconformities."
SECTION 4. Section 5-23-60 of the 1976 Code is amended to read:
"Section 5-23-60. In order to avail itself of the powers conferred by this article such legislative the municipal governing body shall appoint a commission to be known as the zoning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein in the districts. Such The commission shall make a preliminary report and hold public hearings thereon on the districts before submitting its final report and such legislative the governing body shall not hold its public hearing or take action until it has received the final report of such the commission. When a city planning commission already exists, it may be appointed as the zoning commission. The zoning commission may further recommend to the municipal governing body approval of conditional permits authorized pursuant to the zoning ordinance."
SECTION 5. Section 5-23-620 of the 1976 Code is amended to read:
"Section 5-23-620. Such The regulations may include provisions as to the extent to which streets and other ways shall be are graded and improved and to which water, sewer, and other utility mains, piping, or other facilities shall must be installed as a condition precedent to the approval of the plat. The regulations or practice of the commission may provide for a tentative approval of the plat previous to such the installation, but any such a tentative approval shall be is revocable and shall must not be entered on the plat. In lieu of the completion of such the improvements and utilities prior to the final approval of the plat, the commission may accept a bond with adequate surety to secure to the municipality the actual construction and installation of such the improvements or utilities at a time and according to specifications fixed by or in accordance with the regulations of the commission. The municipality may enforce such the bond by all appropriate legal and equitable remedies."
SECTION 6. Section 5-23-680 of the 1976 Code is amended to read:
"Section 5-23-680. The planning commission may, from time to time, recommend to the city council municipal governing body amendments of the zoning ordinance or map or additions thereto to it to conform to the commission's recommendations for the zoning regulation of the territory comprised within approved subdivisions. The planning commission may further recommend to the governing body approval of conditional permits authorized pursuant to the zoning ordinance."
SECTION 7. This act shall take effect upon approval by the Governor.
Amend title to conform.
Rep. HEARN explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. HEARN having the floor.
Rep. L. MARTIN moved that the House recur to the morning hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 3896 -- Reps. Fair and Blackwell: A BILL TO AMEND ARTICLE 5, CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSE FEES, BY ADDING SECTION 56-3-625 SO AS TO PROVIDE THAT THE ANNUAL REGISTRATION AND LICENSE FEE FOR PRIVATE PASSENGER-CARRYING MOTOR VEHICLES OWNED BY PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER, OR PERSONS WHO ARE HANDICAPPED IS TEN DOLLARS.
Referred to Committee on Education and Public Works.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. HEARN having the floor.
S. 694 -- Senator Applegate: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-23-43 SO AS TO PROVIDE FOR SUBDIVISION REGULATIONS FOR RESERVATION AND DEDICATION OF LAND FOR PUBLIC RECREATIONAL PURPOSES OR THE PAYMENT OF CASH CONTRIBUTIONS EARMARKED IN LIEU OF THOSE PURPOSES; SECTION 5-23-45 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL COUNCIL AMENDMENTS TO THE ZONING ORDINANCE WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATION OF LAND EARMARKED FOR PUBLIC PARKING SPACES; SECTION 5-23-47 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANNED RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-685 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANT, RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-687 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE CITY COUNCIL AMENDMENTS TO THE ZONING ORDINANCES WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATIONS OF LAND EARMARKED FOR PUBLIC PARKING SPACES; TO AMEND SECTION 5-23-20, RELATING TO THE DIVISION OF A MUNICIPALITY INTO ZONING DISTRICTS, SO AS TO ADD TO THE POWERS CONFERRED UPON MUNICIPALITIES THE AUTHORITY TO REQUIRE OFF-STREET PARKING AND LOADING AND TO PROVIDE THAT THE REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION MAY PROVIDE THAT LAND, BUILDINGS, AND STRUCTURES AND THE USES THEREOF, WHICH ARE LAWFUL AT THE TIME OF ENACTMENT OR AMENDMENT OF ZONING REGULATIONS, MAY BE CONTINUED; TO AMEND SECTION 5-23-60, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE ZONING COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY APPROVAL OF CONDITIONAL PERMITS AUTHORIZED BY THE ZONING ORDINANCE; TO AMEND SECTION 5-23-620, RELATING TO THE CONTENTS OF REGULATIONS GOVERNING LAND SUBDIVISIONS, SO AS TO MAKE A TECHNICAL AMENDMENT; AND TO AMEND SECTION 5-23-680, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE PLANNING COMMISSION TO THE MUNICIPAL GOVERNING BODY, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND THE APPROVAL OF CONDITIONAL PERMITS.
Rep. TOAL 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 947 -- Senators Bryan and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 39 SO AS TO ENACT THE SOUTH CAROLINA SELF-SERVICE STORAGE FACILITY ACT; TO PROVIDE THAT THE OWNER OF A SELF-SERVICE STORAGE FACILITY HAS A LIEN UPON ALL PERSONAL PROPERTY LOCATED IN A FACILITY; AND TO PROVIDE A PROCEDURE FOR THE ENFORCEMENT OF THE LIEN.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5795k).
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 39-20-10. This chapter is known and may be cited as the South Carolina Self-service Storage Facility Act.
Section 39-20-20. For purposes of this chapter:
(a) 'Last known address' means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address.
(b) 'Occupant' means a person, his sublessee, successor, or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.
(c) 'Owner' means the owner, operator, lessor or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement.
(d) 'Personal property' means movable property not affixed to land and includes, but is not limited to, goods, merchandise, and household items.
(e) 'Rental agreement' means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility.
(f) 'Self-service storage facility' means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property. No occupant may use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse within the meaning of Chapter 19 of Title 39 and the provisions of law relative to bonded public warehousemen do not apply to the owner of a self-service storage facility. A self-service storage facility is not a safe-deposit box or vault maintained by banks, trust companies, or other financial entities.
Section 39-20-30. The owner of a self-service storage facility and his heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, or other charges in relation to the personal property, and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this article.The lien provided for in this chapter is junior to any other liens or security interests which are perfected and recorded or liens by any lienholder with an interest in the property of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice. The lien attaches as of the date the occupant is considered in default.
Section 39-20-40. If an owner complies with the requirements of this code section and Section 39-20-45, he may enforce the lien without judicial intervention. An owner shall obtain from the occupant a written rental agreement which must include the following language with bold type where indicated:
This agreement, made and entered into this ___day of________________, 19___, by and between ______________________________________, the owner and _______________________________, the occupant, whose last known address is ______________________________.
For the consideration provided for in this agreement, the owner agrees to let the occupant use and occupy a space in the self-service storage facility, known as ___________________________, located in the City of _________________________, State of South Carolina, and more particularly described as follows: Building # ________, Space #______, Size __________. The space is to be occupied and used for the purposes specified in this agreement and subject to the conditions set forth for a period of ________________________, beginning on the ______day of ______________ 19__, and continuing month to month until terminated.
'Space', as used in this agreement, means that part of the self-service storage facility as described above. The occupant agrees to pay the owner, as payment for the use of the space and improvements on the space, the monthly sum of $________________. Monthly installments are payable in advance on or before the first of each month, in the amount of $________________, and a like amount of each month after that, until the termination of this agreement.
If any monthly installment is not paid by the fifteenth of the month due, or if any check given in payment is dishonored, occupant is considered to be in default.
Occupant further agrees to pay the sum of one month's fees, which must be used as a clean-up and maintenance fund, and is to be used, if required, for the repair of any damage done to the space and to clean up the space at the termination of the agreement. In the event that the space is left in a good state of repair, and in a broom-swept condition, then this amount must be refunded to the occupant. It is agreed to between the parties that the owner may set off any claims it may have against the occupant from this fund.
The space named in this agreement is to be used by the occupant solely for the purpose of storing any personal property belonging to the occupant. The occupant agrees not to store any explosives or any highly inflammable goods or any other goods in the space which would cause danger to the space. The occupant agrees that the property will not be used for any unlawful purposes and the occupant agrees not to commit waste, nor alter, nor affix signs on the space, and will keep the space in good condition during the term of this agreement.
UPON DEFAULT BY THE OCCUPANT THE OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR RENT, LABOR, OR OTHER CHARGES IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF, IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS FIFTY-DAY PERIOD AFTER DEFAULT. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE FIFTEENTH OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE.
For purposes of owner's lien: 'personal property' means movable property, not affixed to land and includes, but is not limited to, goods, merchandise, and household items; 'Last known address' means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address.
The owner's lien attaches as of the date the occupant is considered in default.
Owner does not provide any type of insurance which would protect the occupant's personal property from loss by fire, theft, or any other type casualty loss. It is the occupant's responsibility to provide such insurance.
Section 39-20-45. If occupant has been in default continuously for fifty days, owner may enforce its lien, provided owner shall comply with, during the fifty-day default period, the following procedure.
The occupant must be notified in writing by delivery by certified mail, return receipt requested, to the last known address of occupant. The owner also shall notify other parties with superior liens or security interests as defined in this rental agreement. The notice is presumed delivered when notice of delivery, failure to accept delivery, or the impossibility of delivery is received by owner.
Owner's notice to occupant shall include an itemized statement of the owner's claim showing the sum due, at the time of the notice, and the date when the sum became due. It shall briefly and generally describe the personal property subject to the lien. The description must be reasonably adequate to permit the person notified to identify it, except that any container included, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. The inventory of any property taken under the provisions of this section must be done by the owner or the owner's agent with at least one other person present. Owner's notice shall notify occupant of denial of access to the personal property and provide the name, street address, and telephone number of the owner or its designated agent, whom the occupant may contact to respond to this notice. Owner's notice shall demand payment within a specified time, not less than fourteen days after delivery of the notice. It shall state that, unless the claim is paid, within the time stated in the notice, the personal property will be advertised for public sale to the highest bidder, and will be sold at public sale to the highest bidder, at a specified time and place.
After the expiration of the fifty-day default period, the owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility, and the number, if any, of the space where the personal property is located, and the name of the occupant; and the time, place, and manner of the public sale. The public sale to the highest bidder shall take place not sooner than fifteen days after the first publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement must be posted at least fifteen days before the date of the public sale and in not less than six conspicuous places in the neighborhood where the self-service storage facility is located.
If no one purchases the property at the public sale and if the owner has complied with the foregoing procedures, the owner may otherwise dispose of the property and shall notify the occupant of the action taken. Any sale or disposition of the personal property must be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored.
Before any sale or other disposition of personal property pursuant to this agreement, the occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred, and by that action redeem the personal property and after that the owner shall have no liability to any person with respect to the personal property.
A purchaser in good faith of the personal property sold to satisfy owner's lien takes the property subject to any other liens or security interests which are perfected and recorded or liens by any lienholder with an interest in the property of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice.
In the event of a sale, the owner may satisfy his lien from the proceeds of the sale. The owner shall hold the balance of the proceeds, if any, for the occupant or any notified, secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds must be disposed of in accordance with Chapter 17 of Title 27, Code of Laws of South Carolina, 1976. In no event may the owner's liability exceed the proceeds of the sale.
Section 39-20-47. (A)If no written rental agreement exists between the owner and occupant and the rental agreement was entered into prior to the effective date of this act, an owner may enforce collection of rent due by distress in the manner prescribed by this section if the occupant has been in default continuously for thirty days. Any magistrate having jurisdiction over the district in which the self-service storage facility is located may issue, upon receipt of an affidavit of the owner or his agent setting forth the amount of rent due, a notice directed to the occupant stating the alleged amount of rent due, including any cost, and fixing a time and place for a predistress hearing to be held not earlier than five days after the service of the notice. The notice, together with a copy of the affidavit, must be delivered to (a) any regular constable, (b) such special constable as the magistrate may appoint or (c) the sheriff of the county for enforcement. The officer shall serve a copy of the notice and affidavit on the occupant by personal service by any method provided by law.
(B) The purpose of the predistress hearing is to protect the occupant's use and possession of property from arbitrary encroachment and to prevent unfair or mistaken deprivation of property. If the magistrate shall, after conducting the hearing, finds that the owner's right to distress is valid and the occupant has no overriding right to continue in possession of the property subject to distress, then the magistrate may issue his distress warrant naming the amount of rent due, with costs, and the warrant shall be delivered to an officer as set forth in subsection (A).
(C) The officer to whom a distress warrant is delivered after the predistress hearing, shall demand of the occupant payment of the rent with costs as enumerated in the distress warrant. If the amount is paid the officer shall return the warrant with the amount collected to the magistrate who shall settle with the owner. If the tenant fails or refuses to pay the rent with costs, the officer shall distrain sufficient of the property upon the rented premises to pay the amount by delivering or mailing to the occupant at his last known address, a list in writing of the property distrained together with a copy of the distress warrant.
(D) If any property distrained is not the property of the occupant, the occupant shall immediately name the owner of the property and inform the officer of the ownership and the officer shall distrain sufficient other property of the occupant to pay the rent and costs. The property of the occupant must be first applied to payments of the rent and costs. All property in the self-service storage facility is subject to distress as provided in this section.
(E) Any property belonging to the occupant removed from the self-service storage facility shall, if found, is subject to distrain and sale, provided the distraint be made within thirty days after the removal.
(F) Within five days after the distraint, the occupant may free the property from the lien of the distraint by giving a bond payable to the owner in double the amount claimed, with sufficient surety or sureties approved by the court, and the issues thus joined must be tried by the court. The owner has the right to except to the surety or sureties and the surety or sureties shall justify before the magistrate as provided for justification for sureties in claim and delivery actions.
(G) If the occupant fails to give bond as prescribed in subsection (F) then the officer may sell the property at public auction to the highest bidder for cash at a designated place of sale after posting a notice of the sale for five days upon the premises and two other public places in the county stating the time and place of the sale.
(H) The purchaser at a sale of chattels seized under a distress warrant takes the property subject to any other perfected and recorded liens on the property.
(I) If the property distrained brings more than the rent with costs at the sale the surplus must be paid to the occupant and the rent must be paid to the owner.
Section 39-20-50. Nothing in this chapter may be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this chapter are in addition to all other rights allowed by law to a creditor against his debtor."
SECTION 2. All rental agreements entered into before the effective date of this act, and not extended or renewed after that date, and the rights and duties and interests flowing from them remain valid and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this State.
SECTION 3. This act shall take effect January 1, 1987, with respect to self-service storage facility rental agreements entered into on and after this date.
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. BLANDING 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 1057 -- Senator Long: A BILL TO AMEND SECTION 61-9-61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TRANSFER OF BEER OR WINE TO ANY PERSON UNDER THE AGE OF EIGHTEEN SO AS TO RAISE THIS AGE TO TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, TO TWENTY-ONE.
Rep. T. ROGERS 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 1059 -- Senator Long: A BILL TO AMEND SECTION 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS ON THE PREMISES OF ESTABLISHMENTS LICENSED TO SELL BEER OR WINE SO AS TO PROVIDE THAT NO BEER OR WINE MAY BE SOLD ON THESE PREMISES TO A PERSON UNDER THE AGE OF TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, UNDER TWENTY-ONE.
Rep. T. ROGERS 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 1064 -- Senators Shealy, Pope, Bryan, Wilson, Giese, Peeler, Courson, Thomas, Drummond and E. Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, TO REQUIRE RECIPIENTS OF VARIOUS TYPES OF PUBLIC ASSISTANCE ADMINISTERED BY THE STATE TO REGISTER AND ACCEPT APPROPRIATE EMPLOYMENT AS A CONDITION OF RECEIPT OF ASSISTANCE PAYMENTS, TO DESIGNATE THE DEPARTMENT OF SOCIAL SERVICES AS THE AGENCY AUTHORIZED TO CONDUCT DEMONSTRATION PROJECTS AIMED AT EXPANDING THE EMPLOYMENT OPPORTUNITIES AVAILABLE TO ASSISTANCE RECIPIENTS, TO PROVIDE EXCEPTIONS TO THE WORK REQUIREMENTS, TO PROVIDE THAT REFUSAL TO ACCEPT SUITABLE EMPLOYMENT RENDERS THE RECIPIENT INELIGIBLE FOR ASSISTANCE UNDER THE ACT, AND TO MAKE SPECIAL PROVISIONS FOR PROTECTIVE PAYMENTS ON BEHALF OF DEPENDENT CHILDREN OF THOSE DECLARED INELIGIBLE.
Rep. L. MARTIN explained the Bill.
Rep. L. MARTIN 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 Pro Tempore sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3880 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, RELATING TO HEARINGS, LICENSES, SALE AND CONSUMPTION AT NONPROFIT ORGANIZATIONS, PERMITS, DRIVE-IN/DRIVE-THRU ESTABLISHMENTS, AND PROHIBITED INTERESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 720, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Rep. BLANDING made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. SHEHEEN moved to reconsider the vote whereby the following Bill was given unanimous consent to receive a second reading which was agreed to.
S. 1256 -- Judiciary Committee: A BILL TO ADOPT REVISED CODE VOLUMES 1, 4, AND 14 AND NEW VOLUMES 1A, 4A, AND 14A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE; TO NOT ADOPT SECTIONS 2-65-20 THROUGH 2-65-100 AS CONTAINED IN REVISED VOLUME 1; TO ADOPT AND DESIGNATE CERTAIN PROVISIONS OF ACT 651 OF 1978, AS AMENDED, BY SECTION 10 OF PART II OF ACT 151 OF 1983, AS PART OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO ADOPT CERTAIN ANNOTATIONS TO SECTIONS WHICH INDICATED THESE SECTIONS WERE IMPLIEDLY REPEALED ARE ADOPTED AS PART OF THE 1976 CODE OF LAWS OF SOUTH CAROLINA AND MUST BE INCLUDED IN VOLUMES 1 AND 14 IN THE 1986 CUMULATIVE SUPPLEMENT; AND TO AMEND SECTION 2-13-90, AS AMENDED, RELATING TO THE PREPARATION AND ADOPTION OF REVISED CODE VOLUMES, SO AS TO REQUIRE THAT ALL REPLACEMENT VOLUMES SHALL INCLUDE AN ANNOTATION TO ANY GENERAL PERMANENT STATUTORY LAW WHICH WAS IMPLIEDLY REPEALED.
Rep. SCHWARTZ moved to waive Rule 5.12, which was agreed to.
Rep. SHEHEEN moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 3778 -- Reps. Lockemy, Kay, Cooper, Carnell, P. Harris, Townsend, Tucker and Washington: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY ELECTIONS, SO AS TO PROVIDE THAT IF ANY OPENING OR CLOSING DATE FOR ENTRIES FOR NOMINATION IN AN ELECTION FALLS ON SUNDAY, THE DATE CHANGES TO THE PRECEDING SATURDAY.
Rep. SHEHEEN 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 Pro Tempore sustained the Point of Order.
Rep. L. MARTIN withdrew his objection to H. 2562 however, other objections remained upon the Bill.
The motion of Rep. RUSSELL to reconsider the vote whereby Amendment No. 2 on the following Bill was rejected was taken up.
S. 210 -- Senators Bryan, Long, Mitchell and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-80, SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO FILES A WORKERS' COMPENSATION CLAIM OR EXERCISES ANY RIGHT, PRIVILEGE, OR DUTY UNDER THE WORKERS' COMPENSATION LAW AND TO LIMIT THE AMOUNT OF DAMAGES WHICH MAY BE IMPOSED ON THE EMPLOYER.
Rep. GENTRY moved to adjourn debate upon the motion to reconsider.
Rep. HUFF moved to table the motion.
Rep. P. BRADLEY asked to withdraw his objection.
Rep. TOAL raised the Point of Order that the House was not in the Withdrawal of Objections period on the calendar, therefore the request was out of order.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. L. MARTIN raised the Point of Order that the motion to reconsider the vote whereby Amendment No. 2 was rejected should have been carried with the Bill when it was placed on the contested calendar, rather than having been placed under the Motions to Reconsider portion of the calendar, and should not be taken up for consideration until the Bill was taken up for consideration.
Rep. SCHWARTZ stated that motions to reconsider the main Bill should be placed under the Motions to Reconsider portion of the calendar, however motions to reconsider amendments should only be considered when the Bill is up for consideration.
The SPEAKER Pro Tempore sustained the Point of Order, and stated that the motion to reconsider the amendment would be taken up when the bill was up for consideration.
Rep. L. MARTIN moved that the House recur to the morning hour, which was not agreed to.
Rep. SHEHEEN asked unanimous consent to recall H. 3252 from the Committee on Ways and Means.
Rep. KIRSH objected.
Rep. AYDLETTE asked unanimous consent to recall H. 3873 from the Committee on Education and Public Works.
Rep. BLANDING objected.
Rep. P. BRADLEY asked unanimous consent to withdraw his objection to S. 210.
Rep. HUFF objected.
Rep. HEARN asked unanimous consent to recall H. 3001 from the Committee on Ways and Means.
Rep. BLANDING objected.
Rep. T.M. BURRISS asked unanimous consent to withdraw his objection to S. 210.
Rep. HUFF objected.
Rep. BLANDING asked unanimous consent to withdraw his objection to H. 2355.
Rep. AYDLETTE objected.
Rep. DAVENPORT asked unanimous consent to withdraw his objection to S. 210.
Rep. HUFF objected.
Rep. SIMPSON inquired whether a Bill could be taken up for consideration if it was made uncontested by the withdrawal of an objection during the Unanimous Consent Requests period on the calendar.
The SPEAKER Pro Tempore stated that he could not give an advisory opinion on the inquiry, but that it was permissible to withdraw objections during the Unanimous Consent Requests period on the Calendar.
Rep. P. 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. Bennett Blanding Bradley, P. Brown, G. Burriss, M.D. Carnell Cork Dangerfield Foxworth Hearn Mangum Mattos McAbee Rhoad Rice Simpson Winstead
Those who voted in the negative are:
Schwartz Anderson, S. Arthur, J. Aydlette Bailey, K. Beasley Boan Brown, H. Brown, J. Chamblee Cleveland Cooper Davenport Day Derrick Faber Freeman Gentry Gilbert Gregory Harris, J. Hawkins Hayes Huff Johnson, J.C. Jones Kay Keyserling Kirsh Koon Lake Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McEachin McKay McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, O. Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Snow Stoddard Sturkie Thrailkill Toal Townsend Tucker Waldrop Washington Williams
So, the House refused to adjourn.
On motion of Rep. SHEHEEN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 3508 -- Reps. Schwartz and Sheheen: A BILL TO AMEND ARTICLE 1, CHAPTER 13, OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOW, WHEN, AND WHERE ELECTIONS ARE HELD, SO AS TO PROVIDE A PROCEDURE FOR CONDUCTING PARTISAN AND NONPARTISAN SPECIAL ELECTIONS FOR FILLING VACANCIES, EXCEPT FOR THOSE SPECIFIC OFFICES OTHERWISE PROVIDED FOR IN THIS CODE.
Rep. SIMPSON moved that the House stand at ease until 11:30 A.M.
Rep. GILBERT moved to table the motion which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3825 -- Rep. Gentry: A BILL TO AMEND SECTION 4-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO AUTHORIZE MEMBERS TO BE ELECTED AS PROVIDED BY ANY COURT-ORDERED PLAN.
Rep. KIRSH moved to adjourn debate upon the Senate Amendments, which was adopted.
Rep. THRAILKILL inquired if a quorum was present.
The SPEAKER Pro Tempore stated that a quorum was present.
Rep. McEACHIN moved to adjourn debate upon the following Joint Resolution, which was adopted.
H. 2915 -- Rep. McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO DELETE OBSOLETE LANGUAGE AND LIMIT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY TO FORTY LEGISLATIVE DAYS UNLESS EXTENDED BY A VOTE OF THREE-FOURTHS OF THE MEMBERS ELECTED TO BOTH HOUSES.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 3766 -- Rep. Snow: A JOINT RESOLUTION TO REQUIRE THE PAYMENT OF THE ENTIRE AMOUNT OF CLAIMS FILED PRIOR TO MAY 31, 1986, UNDER SECTION 46-41-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, INSTEAD OF THE PAYMENT OF THE PERCENTAGES OF CLAIMS PROVIDED IN SECTION 46-41-230.
Rep. L. MARTIN moved to dispense with the Motion Period.
As a first substitute, Rep. WASHINGTON moved to recall S. 100 from the Labor, Commerce and Industry Committee.
Rep. HEARN moved to table the motion.
As a second substitute, Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to.
The following Bill was taken up.
H. 2420 -- Reps. Nettles, Washington, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, Archibald, J. Arthur, Beasley, Blackwell, Boan, G. Brown, R. Brown, Carnell, Chamblee, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Fair, Felder, Ferguson, Freeman, Gentry, Gregory, Griffin, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, Holt, Huff, Hughston, J.W. Johnson, Keyserling, Kirsh, Koon, Lockemy, Mangum, McAbee, McBride, McEachin, McKay, McLeod, Mitchell, Moss, Ogburn, Patterson, Pearce, Petty, Rawl, Rhoad, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Simpson, Snow, Taylor, Thrailkill, Toal, Tucker, Waldrop, Wilkins, Williams, Woodruff and Woods: A BILL TO MAKE IT UNLAWFUL TO HAZE ANY STUDENT AT ANY SCHOOL, COLLEGE, OR UNIVERSITY; TO PROVIDE FOR THE RIGHT TO INSTITUTE A CIVIL SUIT; AND TO PROVIDE FOR THE EXPULSION OF THE GUILTY STUDENT.
Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1943C).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is unlawful for any person to intentionally or recklessly organize, promote, facilitate, or engage in acts which cause or have a foreseeable potential for causing physical harm to any person for the purpose of initiation or admission into or affiliation with any student or fraternal organization. Acts made unlawful by this section do not include customary athletic events, similar contests, competitions, or military training.
SECTION 2. Any person who violates the provisions of Section 1 is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed five hundred dollars or by imprisonment for a term not to exceed twelve months, or both.
SECTION 3. No person shall knowingly permit or wilfully acquiesce in the commission of acts in violation of Section 1 or fail to report promptly his knowledge or any reasonable information within his knowledge of violations of Section 1 to the chief executive officer of the appropriate school, college, university, or other educational institution. Any act of omission is a violation of Section 1.
SECTION 4. Upon the conviction of any student of a violation of Section 1, he may, in addition to any punishment imposed by the court, be expelled from the school, college, university, or other educational institution he is attending. The university, college, or school may withdraw recognition of the organization of which the person is a member and take appropriate disciplinary action to prevent future recurrences of the same or similar offenses.
SECTION 5. Conduct constituting an offense of Section 1 may, at the discretion of the prosecuting attorney, be prosecuted under any other applicable law respecting any other criminal offense.
SECTION 6. Organizations or groups must obtain prior approval for all initiation ceremonies and activities from an official designated by the school, college, or university which recognizes the group or organization. Schools, colleges, and universities may withdraw recognition of the group or organization or take other disciplinary action for failure to obtain prior approval.
SECTION 7. The implied or express consent of a person to acts which violate Section 1 does not constitute a defense to violations of Section 1.
SECTION 8. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. NETTLES explained the amendment.
Rep. J. BRADLEY moved to continue the Bill.
Rep. NETTLES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Blanding Bradley, J. Burriss, M.D. Foxworth Harris, J. Hawkins Hendricks, B. Kay Kohn Martin, D. McTeer Short Simpson Winstead
Those who voted in the negative are:
Alexander Altman Anderson, J. Anderson, S. Arthur, J. Bailey, G. Bailey, K. Barfield Beasley Boan Brett Brown, H. Brown, J. Burriss, T.M. Chamblee Cleveland Cooper Davenport Day Derrick Fair Ferguson Foster Freeman Gentry Gilbert Gregory Hayes Huff Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Koon Lake Lewis Limehouse Lockemy Martin, L. Mattos McBride McEachin McKay Mitchell Moss Neilson Nettles Pearce Petty Phillips, O. Rhoad Rice Rogers, T. Shelton Snow Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington
So, the House refused to continue the Bill.
Rep. J. BRADLEY moved to table the Bill.
Rep. NETTLES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Blanding Bradley, J. Brown, H. Burriss, M.D. Foxworth Harris, J. Hawkins Hendricks, B. Kay Kohn McTeer Short Simpson Winstead
Those who voted in the negative are:
Alexander Altman Anderson, S. Arthur, J. Bailey, G. Bailey, K. Barfield Boan Brett Brown, J. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Davenport Day Fair Ferguson Foster Freeman Gentry Gilbert Gregory Hayes Huff Johnson, J.C. Johnson, J.W. Kirsh Klapman Lake Limehouse Lockemy Martin, L. Mattos McBride McEachin McKay Mitchell Moss Neilson Nettles Pearce Petty Rhoad Rice Rogers, T. Sharpe Shelton Snow Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Williams
So, the House refused to table the Bill.
Rep. NETTLES continued speaking.
Rep. WALDROP spoke against the amendment and moved to adjourn debate upon the amendment.
Rep. GREGORY moved to table the motion which was agreed to.
Rep. FOXWORTH spoke against the amendment.
Rep. SIMPSON moved that the House do now adjourn and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, J. Arthur, J. Aydlette Blanding Bradley, J. Brown, G. Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Day Ferguson Foxworth Freeman Harris, J. Hearn Hendricks, B. Johnson, J.C. Kay Kirsh Kohn Koon Lake Martin, D. Martin, L. McLellan McTeer Phillips, O. Rhoad Short Simpson Sturkie Townsend Waldrop Williams Winstead
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Bailey, G. Bailey, K. Barfield Boan Davenport Derrick Faber Fair Gentry Gilbert Gordon Gregory Hawkins Hayes Huff Johnson, J.W. Keyserling Klapman Limehouse Lockemy Mangum Mattos McBride McEachin McKay Moss Neilson Nettles Ogburn Pearce Petty Rice Rogers, T. Russell Sharpe Sheheen Shelton Snow Thrailkill Toal Tucker Washington Wilkins
So, the House refused to adjourn.
Rep. FOXWORTH continued speaking and moved to table the amendment.
Rep. NETTLES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, J. Anderson, S. Arthur, J. Blackwell Blanding Bradley, J. Bradley, P. Brett Brown, H. Brown, J. Carnell Cleveland Foxworth Hendricks, B. Kay Martin, D. Martin, L. McTeer Ogburn Phillips, O. Sheheen Short Simpson Tucker Waldrop Winstead
Those who voted in the negative are:
Schwartz Alexander Altman Aydlette Bailey, G. Bailey, K. Barfield Boan Brown, G. Burriss, M.D. Burriss, T.M. Chamblee Cooper Cork Davenport Day Derrick Faber Fair Ferguson Foster Gilbert Gordon Gregory Hawkins Hayes Hearn Johnson, J.W. Keyserling Kirsh Klapman Koon Lake Lewis Limehouse Lockemy Mattos McEachin McKay Mitchell Moss Neilson Nettles Pearce Petty Rice Rogers, T. Shelton Snow Sturkie Thrailkill Toal Townsend Washington Williams
So, the House refused to table the amendment.
Rep. FOXWORTH moved that the House do now adjourn.
Rep. NETTLES 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 spoke against the amendment.
Rep. FOXWORTH moved to reconsider the vote whereby the motion to commit H. 3771 to the Committee on Labor, Commerce and Industry was tabled and the motion was noted.
Rep. COOPER moved that the House do now adjourn.
Rep. NETTLES raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. NETTLES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Arthur, J. Aydlette Bailey, K. Bennett Blackwell Blanding Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Evatt Ferguson Foster Foxworth Freeman Harris, P. Hawkins Hearn Hendricks, B. Kay Kirsh Kohn Koon Lake Martin, D. Martin, L. Mattos McAbee McLellan McTeer Mitchell Phillips, O. Short Simpson Snow Sturkie Waldrop Wilkins Williams Winstead
Those who voted in the negative are:
Schwartz Anderson, S. Bailey, G. Barfield Beasley Boan Brown, J. Derrick Faber Fair Gilbert Gregory Hayes Johnson, J.W. Keyserling Klapman Limehouse Lockemy McEachin McKay Moss Neilson Nettles Ogburn Pearce Petty Rice Rogers, T. Sheheen Shelton Stoddard Thrailkill Toal Townsend Tucker Washington
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, Rep. J. BRADLEY having the floor.
The Senate returned to the House with concurrence the following:
H. 3368 -- Reps. R. Brown and McLeod: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME MANNING STREET IN THE CITY OF MARION, MARION COUNTY, THE T. CARROLL ATKINSON, JR., AVENUE.
H. 3869 -- Reps. Blanding and T. Rogers: A CONCURRENT RESOLUTION AUTHORIZING THE GROUP "HANDS ACROSS SOUTH CAROLINA" TO USE THE STATE HOUSE GROUNDS FOR A PUBLIC RALLY ON SUNDAY, MAY 25, 1986, AT 3:00 P.M., IN CONJUNCTION WITH THE "HANDS ACROSS AMERICA" PROJECT TO TAKE A STAND AGAINST HUNGER AND HOMELESSNESS IN AMERICA, AND TO PROVIDE FOR SECURITY BY THE STATE HOUSE-CAPITOL COMPLEX SECURITY FORCE.
H. 3881 -- Reps. Hayes, Foster, Freeman, Kirsh and Short: A CONCURRENT RESOLUTION TO EXTEND SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THOMAS OWEN DIXON OF YORK COUNTY WHO DIED ON SATURDAY, MAY 3, 1986.
H. 3882 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ELDER C. W. WILLIAMS, A MEMBER OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT NO. 2, FOR HIS MANY YEARS OF DEDICATED AND LOYAL SERVICE IN THE PROMOTION AND IMPROVEMENT OF EDUCATION AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.
H. 3883 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE MARY E. PEARSON, A MEMBER OF THE BOARD OF CLARENDON SCHOOL DISTRICT NO. 1, CLARENDON COUNTY, FOR HER FAITHFUL AND DEVOTED EFFORTS TO IMPROVE THE QUALITY OF EDUCATION IN THE COUNTY AND TO EXTEND EVERY BEST WISH UPON HER RETIREMENT FROM THE BOARD.
H. 3884 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE JOSEPH POSTELL, A MEMBER OF THE SCHOOL BOARD OF CLARENDON SCHOOL DISTRICT NO. 1, CLARENDON COUNTY, FOR HIS CONTRIBUTION TOWARD IMPROVING THE QUALITY OF EDUCATION IN THE COUNTY AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.
H. 3885 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE RAY A. LANGSTON, A MEMBER OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT NO. 2, FOR HIS MANY YEARS OF DEDICATED AND LOYAL SERVICE IN THE PROMOTION AND IMPROVEMENT OF EDUCATION AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.
H. 3886 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE ALETHIA TAYLOR, A MEMBER OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT NO. 2, FOR HER MANY YEARS OF DEDICATED AND LOYAL SERVICE IN THE PROMOTION AND IMPROVEMENT OF EDUCATION AND TO EXTEND BEST WISHES UPON HER RETIREMENT.
H. 3887 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JOHN GRESSETTE FELDER, JR., A STELLAR BASKETBALL PERFORMER AT CALHOUN ACADEMY, CALHOUN COUNTY, WHOSE NUMBER 14 WAS RETIRED AFTER THE 1985-86 SEASON.
H. 3897 -- Rep. S. Anderson: A CONCURRENT RESOLUTION TO CONGRATULATE MR. CLYDE DEE JACKSON, A SEVENTY-SEVEN YEAR OLD RESIDENT OF SPARTANBURG, UPON THE OCCASION OF HIS GRADUATION FROM THE UNIVERSITY OF SOUTH CAROLINA-SPARTANBURG.
At 12:05 P.M. the House in accordance with the motion of Rep. COOPER adjourned to meet at 10:00 A.M. tomorrow.
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