Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, our Father, Whose blessings are renewed to us every morning, we thank You for colleagues and friends who help us along life's way. Thanks be to You for those who have given guidance, counsel and a good example. We praise You for moments of success which inspire within us new endeavors and even for times of failure which keep us humble and make us remember how much we need Your help. Enable us to shed old faults and to gain new virtues that we may ever increasingly move forward Your kingdom here on earth.
Hear this our prayer, O Lord, made in Your holy Name. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by Rep. HUFF.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The following was received.
April 17, 1986
The Honorable Ramon Schwartz, Jr.
Box 142
Columbia, S.C. 29202
Dear Mr Speaker:
On behalf of the players, coaches, and Organizing Committee of the Legislative Charity Basketball Classic, we would like to extend an invitation to the members of the House and staff to attend a reception immediately following the basketball game on Wednesday, April 30, 1986. As you are aware, a team representing the Legislature will play representatives of the State House lobbying corps on that evening and proceeds from the game will be contributed to the Council on Child Abuse and Neglect.
The reception will be held immediately following the game in the Elephant Room adjacent to the Frank McGuire Arena at the Carolina Coliseum.
Sincerely,
Stephen H. Smith
Pricilla N. Sims
John L. Caudle, II
Received as information.
The following were received.
April 21, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 666)
Dear Mrs. Shealy:
The State Budget and Control Board is hereby withdrawing and simultaneously resubmitting regulations pertaining to the Division of State Fire Marshal and relating to "Fire Prevention and Life Safety," effective April 18, 1986.
These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Ramon Schwartz, Jr.
April 22, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 637)
Dear Mrs. Shealy:
The South Carolina Department of Mental Retardation is hereby withdrawing and simultaneously resubmitting Regulation Number 637, entitled "Centers Serving the Mentally Retarded," effective today.
These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Ramon Schwartz, Jr.
April 22, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. Nos. 667,668,669)
Dear Mrs. Shealy:
The South Carolina State Budget and Control Board if hereby withdrawing and simultaneously resubmitting the following regulations: Document #667, relating to "Fire Safety: Construction and Operation of Local Detention Facilities"; Document #668, relating to "Fire Safety: Existing Local Detention Facilities"; Document #669, relating to "Fire Safety: Renovation of Existing Local Detention Facilities," effective today.
These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
The following was received.
April 22, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 720)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on April 21, 1986 regulations concerning Permits, Licenses, Sale and Consumption, Signs; Drive In/Drive Out Establishments, Hearings from the South Carolina Alcoholic Beverage Control Commission.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3526 -- Reps. Townsend, Kay, L. Phillips, Chamblee, Tucker, Kirsh, Cooper and Toal: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO MAKE SCHOOL DISTRICT EMPLOYEES INELIGIBLE FOR SERVICE ON THE BOARD.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3527 -- Reps. Townsend, Kay, L. Phillips, Chamblee, Tucker, Kirsh, Cooper and Toal: A BILL TO AMEND SECTION 59-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO MAKE SCHOOL DISTRICT EMPLOYEES INELIGIBLE FOR SERVICE ON THE BOARD.
Ordered for consideration tomorrow.
The following was taken up for immediate consideration:
H. 3841 -- Reps. S. Anderson, Mangum and McAbee: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY, 1986, AS "SOUTH CAROLINA TOURISM MONTH".
Whereas, South Carolina offers a wide variety of outstanding scenic, historic, recreational, and vacation attractions, an abundance of things to see, do, and enjoy during all seasons of the year and in all areas of the State from the mountains, lakes, parks, and resort islands, to the beaches of our coast; and
Whereas, tourism and travel is the second largest industry in our State, bringing in over three billion dollars and providing jobs for over eighty thousand residents; and
Whereas, the State and all South Carolinians benefit from the economic impact of visitors, including the direct infusion of one hundred seventy-nine million dollars in state and local tax revenues, expansion of local tax bases, and creation of additional tax revenues as tourism-travel dollars circulate through the State; and
Whereas, the latest available statistics from the South Carolina Tax Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Employment Security Commission, the South Carolina Treasurer's Office, and other state sources reveal that tourism-generated income, jobs, and tax revenues in South Carolina have continued to increase; and
Whereas, the Department of Parks, Recreation and Tourism's award-winning European marketing program has shown a dramatic increase in the number of Europeans visiting our State, the department's funds-sharing program has involved many smaller areas of the State in promoting tourism on the local level, the state welcome centers have contacted more than four and nine-tenths million travelers and vacationers in fiscal year 1984-85, and other advertising and promotional efforts have contributed to the steady growth of tourism; and
Whereas, tourism and travel is an industry that blends with other economic and industrial progress and is compatible with the protection of our vital natural resources and enhancement of the quality of life for all residents of the State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the month of May, 1986, be designated as "South Carolina Tourism Month" with special observances the week of May 18-24, which has been designated by Congress as "National Tourism Week".
Be it further resolved that the Department of Parks, Recreation and Tourism be urged to continue their program to increase tourism in South Carolina and to report the progress of the tourism industry periodically to the General Assembly.
Be it further resolved that the State should maintain the vitality of the tourism industry and develop it to the fullest potential through increased advertising, marketing, tourism research, and other means.
Be it further resolved that the Joint Legislative Committee on Tourism and Trade, the Department of Parks, Recreation and Tourism and other state agencies, regional tourism promotion agencies, county and municipal governments, chambers of commerce and other promotion agencies, and travel-tourism serving businesses be encouraged to actively express appreciation to South Carolina's visitors, to promote public awareness of the economic importance of travel and tourism, and to invite people from all areas to visit South Carolina.
Be it further resolved that all South Carolinians be encouraged to utilize the vacation opportunities in our fine State and to express their appreciation to our visitors by continuing to provide them with the friendly and gracious hospitality that has done so much over the years to establish South Carolina as a major tourism and travel destination.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3842 -- Reps. Petty, Edwards, S. Anderson, Davenport, Ferguson, Hawkins, Lake and Russell: A CONCURRENT RESOLUTION CONGRATULATING ARTHUR B. ROPER OF CHESNEE, SPARTANBURG COUNTY, UPON EARNING, AT AGE SEVENTY-FOUR, HIS B.A. DEGREE FROM USC-SPARTANBURG AND COMMENDING HIM FOR HIS DEDICATION, ENERGY, AND COMMITMENT TO EXCELLENCE IN EVERY PHASE OF HIS LIFE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 1169 -- Senators Theodore, J. Verne Smith, Mitchell, Bryan and Thomas: A CONCURRENT RESOLUTION TO REQUEST THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME SECONDARY ROAD 107 IN GREENVILLE COUNTY BEGINNING AT U. S. 276 AND ENDING AT U. S. 25 - BUSINESS AS "REX L. CARTER BOULEVARD".
Whereas, The Honorable Rex L. Carter of Greenville served with great distinction as a member of the South Carolina House of Representatives from his initial election to the House in 1953; and
Whereas, he was honored by his colleagues on June 12, 1973, when they elected him Speaker of the House and he carried out the duties of the office of Speaker with dignity and fairness until his retirement from the House in 1980; and
Whereas, the members of the General Assembly believe it would be a fitting tribute to this fine South Carolinian if Secondary Road 107 in Greenville County beginning at U. S. 276 and ending at U. S. 25 - Business were named in his honor. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the State Highways and Public Transportation Commission to name the Secondary Road 107 in Greenville County beginning at U. S. 276 and ending at U. S. 25 - Business, also known as West Butler and Mauldin Road, as "Rex L. Carter Boulevard".
Be it further resolved that the Department of Highways and Public Transportation is requested to erect appropriate markers with the following inscribed on the markers: "Rex L. Carter Boulevard".The cost of the markers must be paid from C Fund allocations to Greenville County.
Be it further resolved that a copy of this resolution be forwarded to the State Highways and Public Transportation Commission.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1226 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WILLIAM J. RAGSDALE OF PICKENS COUNTY FOR HIS DEDICATED SERVICE TO THE COMMUNITY IN WHICH HE LIVES AND FOR HIS CONTRIBUTIONS TO THE ECONOMIC DEVELOPMENT OF THE CITY OF EASLEY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1227 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE MR. HAMILTON E. RUSSELL OF PICKENS COUNTY FOR HIS DEDICATED SERVICE TO THE COMMUNITY IN WHICH HE LIVES AND FOR HIS CONTRIBUTIONS TO THE ECONOMIC DEVELOPMENT OF THE CITY OF EASLEY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1228 -- Senators Moore, Setzler and Shealy: A CONCURRENT RESOLUTION TO CONGRATULATE PATSY MCMANAWAY, OF AIKEN COUNTY, UPON THE OCCASION OF HER RETIREMENT AS DIRECTOR OF THE TRI-DEVELOPMENT CENTER OF AIKEN COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 1230 -- Senators Lourie, Applegate, Branton, Bryan, Courson, Dennis, Drummond, Garrison, Giese, Hayes, Hinson, Holland, Land, Lee, Leventis, Lindsay, Long, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Peeler, Pope, Powell, Ravenel, Saleeby, Setzler, Shealy, H.C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Theodore, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF MAY 4 THROUGH MAY 11, 1986, AS "DAYS OF REMEMBRANCE OF THE VICTIMS OF THE NAZI HOLOCAUST" SO AS TO ENCOURAGE THE CITIZENS OF SOUTH CAROLINA TO DAILY STRIVE TO OVERCOME PREJUDICE AND INHUMANITY THROUGH EDUCATION, VIGILANCE, AND CONCERN FOR THEIR FELLOWMAN.
Whereas, from 1933 to 1945, six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and millions of other people perished as victims of Nazism; and
Whereas, the citizens of South Carolina should be ever mindful of the atrocities committed by the Nazis so that these horrors may never be repeated; and
Whereas, South Carolinians should continually rededicate themselves to the principle of equal justice for all people, strive to be eternally vigilant, and recognize that bigotry provides a breeding ground for tyranny to flourish; and
Whereas, May 6 has been designated pursuant to an Act of Congress and internationally as a Day of Remembrance of Victims of the Nazi Holocaust known as Yom Hoshoah; and
Whereas, it is appropriate for our people to join in the international commemoration. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, designate the week of May 4 through May 11, 1986, as "Days of Remembrance of the Victims of the Nazi Holocaust" so as to encourage the citizens of South Carolina to daily strive to overcome prejudice and inhumanity through education, vigilance, and concern for their fellowman.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1231 -- Senators Ravenel, Wilson, Applegate, McConnell and Fielding: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE CHARLES R. BATSON OF CHARLESTON.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3843 -- Reps. S. Anderson, Russell, Lake, Davenport, Ferguson, Petty and Hawkins: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF MRS. MARY MILES OF SPARTANBURG COUNTY, EXECUTIVE DIRECTOR OF THE SPARTANBURG MENTAL HEALTH ASSOCIATION, WHO IS RESIGNING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 1123 -- Labor, Commerce and Industry Committee: A BILL TO CREATE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, AND TO PRESCRIBE ITS POWERS, DUTIES, AND FUNCTIONS.
Referred to Committee on Labor, Commerce and Industry.
S. 1206 -- Senators Wilson, Setzler and Shealy: A BILL TO AMEND SECTION 59-51-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL BOARD OF TRUSTEES, SO AS TO REQUIRE THE LEGISLATURE TO DETERMINE THE TRUSTEES' ELIGIBILITY, TO PROVIDE FOR THE TRUSTEES ELECTED BY THE ALUMNI ASSOCIATION TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, AND TO PROVIDE FOR FILLING OF VACANCIES.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Blatt Boan Bradley, J. Bradley, P. Brett Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Cork Dangerfield Day Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Harris, P. Hawkins Hayes Hearn Helmly Hendricks, B. Hendricks, L. Holt Huff Johnson, J.W. Kay Keyserling Kirsh Klapman Kohn Lake Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Rice Rigdon Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on April 22, 1986.
Olin R. Phillips Dave C. Waldrop Palmer Freeman, Jr. Thomas N. Rhoad Grady Brown Lenoir Sturkie William H. Jones John H. Burriss James C. Johnson Sterling Anderson Paul Derrick Crosby Lewis G. Ralph Davenport, Jr. Tom Limehouse Jean Harris Charles L. Griffin III Alex Harvin III Tom G. Woodruff, Jr. Jack Gregory
STATEMENT OF ATTENDANCE
Rep. PAUL SHORT 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, April 16, 1986.
The SPEAKER granted Rep. MARCHANT a leave of absence for the day due to the hospitalization of his wife.
The SPEAKER granted Rep. CLEVELAND a leave of absence for the day.
The following was received from the Senate.
Columbia, S.C., April 17, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2266:
H. 2266 -- Judiciary Committee: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78, SO AS TO ENACT THE SOUTH CAROLINA TORT CLAIMS ACT; TO AMEND ACT 182 OF 1977, RELATING TO CERTAIN CHARITABLE AND SOVEREIGN IMMUNITY SO AS TO REVISE THE LIMITS OF THIS IMMUNITY, TO AMEND SECTION 59-67-710, RELATING TO INSURANCE ON SCHOOL BUSES AND THE LIMITS OF LIABILITY INVOLVING ACCIDENTS THEREOF SO AS TO REVISE CERTAIN OF THESE LIMITS, AND TO REPEAL ARTICLE 3, CHAPTER 77 OF TITLE 15; ARTICLE 13, CHAPTER 5, OF TITLE 57; ARTICLE 9, CHAPTER 17, OF TITLE 57; SECTION 5-7-70 OF THE 1976 CODE, ALL RELATING TO CERTAIN DAMAGE CLAIMS OR SUITS THEREON.
and asks for a Committee of Conference and has appointed Senators Lourie, Bryan and Applegate of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 41
Whereupon, the Chair appointed Reps. J. ANDERSON, FREEMAN and WILKINS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
On motion of Rep. SNOW, with unanimous consent, the following Joint Resolution was ordered recalled from the Senate.
S. 1193 -- Senator Waddell: A JOINT RESOLUTION TO REQUIRE THAT THE VALUE OF AGRICULTURAL REAL PROPERTY FOR TAXABLE YEAR 1986 BE DETERMINED BY USING SOUTH CAROLINA TAX COMMISSION GUIDELINES USED IN 1985 FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL USE AND TO REQUIRE THE TAX STUDY COMMISSION TO CONDUCT A REVIEW OF ALL AGRICULTURAL LAND USE AND VALUATION REGULATIONS AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 31, 1987.
Rep. SNOW moved to reconsider the vote whereby S. 1193 was given a third reading and the motion was noted.
The following Joint Resolution was taken up.
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. GORDON spoke against the Joint Resolution.
Rep. OGBURN objected to the Resolution.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for Ratification.
S. 1107 -- Senators Thomas E. Smith, Jr. and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4095 SO AS TO PROVIDE FOR PERMITS FOR TRANSPORTING NO MORE THAN TWO MODULAR HOUSING UNITS OR SECTIONAL HOUSING UNITS IF THE TOTAL LENGTH IS NOT MORE THAN FIFTY-TWO FEET.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3838 -- Rep. Cork: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LA PENTOLA, INC.
The following Bill was taken up.
H. 3473 -- Labor, Commerce and Industry Committee: A BILL TO CREATE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, AND TO PRESCRIBE ITS POWERS, DUTIES, AND FUNCTIONS.
Rep. McABEE objected to the Bill.
Ways and Means Committee proposed the following Amendment No. 2 (Doc. No. 3681R).
Amend the bill, as and if amended, SECTION 5, page 4, by deleting lines 5 through 11, so that when amended SECTION 5 shall read:
/SECTION 5. Funds for the necessary technical, administrative, and clerical assistance, and other expenses of the Council must be provided by the General Assembly in the annual general appropriations act; provided, that the Council is authorized to hire a director, an associate director and a secretary only. Any additional personnel must be provided by the member agencies, authorities and commissions.
The Council may establish technical advisory committees in order to improve coordination among agencies of state government and to strengthen the partnership with local government and allies from the private sector.
The Council shall have full access to any and all material it needs from the Research and Statistical Division of the Budget and Control Board, the Governor's Office, and the Employment Security Commission.
The Council shall seek to utilize data relevant to the economic growth and development of the State which is available from the Department of Highways and Public Transportation, the University of South Carolina, and Clemson University, and other state agencies and organizations./
Amend title to conform.
Rep. L. MARTIN explained the amendment.
Rep. J. ARTHUR objected to the Bill.
Rep. WINSTEAD raised the Point of Order that it was now 12:30 p.m., and in accordance with Rule 6.1, the House was now in recess.
The SPEAKER sustained the Point of Order and stated the House was now in recess until 2:00 p.m.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 2.
At 2:00 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER Pro Tempore granted Rep. LOCKEMY a leave of absence for the remainder of the day.
The following was received.
Columbia, S. C., April 22, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 907:
S. 907 -- Senators Hayes, Applegate, Land and Long: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 16 SO AS TO PROVIDE FOR DISCLOSURE TO PURCHASERS OF INFORMATION CONCERNING FINE PRINTS SOLD IN LIMITED EDITIONS TO ENABLE PURCHASERS TO PROPERLY ASSESS THE VALUE OF THEM AND PROVIDE FOR CIVIL RELIEF AGAINST SELLERS WHO VIOLATE THE PROVISIONS OF THE CHAPTER.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 45
Received as information.
The following was received.
Columbia, S. C., April 22, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1193:
S. 1193 -- Senator Waddell: A JOINT RESOLUTION TO REQUIRE THAT THE VALUE OF AGRICULTURAL REAL PROPERTY FOR TAXABLE YEAR 1986 BE DETERMINED BY USING SOUTH CAROLINA TAX COMMISSION GUIDELINES USED IN 1985 FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL USE AND TO REQUIRE THE TAX STUDY COMMISSION TO CONDUCT A REVIEW OF ALL AGRICULTURAL LAND USE AND VALUATION REGULATIONS AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 31, 1987.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 44
Received as information.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2.
H. 3473 -- Labor, Commerce and Industry Committee: A BILL TO CREATE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, AND TO PRESCRIBE ITS POWERS, DUTIES, AND FUNCTIONS.
Rep. KLAPMAN objected to the Bill.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
H. 3537 -- Reps. Felder and Lloyd Hendricks: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 1987, TELEPHONE CARRIER ACCESS CHARGES AND CUSTOMER ACCESS LINE CHARGES ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION OR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION ARE ALSO EXEMPT FROM THE SALES TAX.
The following Joint Resolution was taken up.
S. 304 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE FINANCE AND TAXATION, BY ADDING SECTION 17, SO AS TO PROVIDE THAT THE STATE AND ITS COUNTIES, MUNICIPALITIES, AND THOSE OTHER POLITICAL SUBDIVISIONS AS THE GENERAL ASSEMBLY MAY PROVIDE, HAVE THE POWER TO LEVY AND COLLECT AD VALOREM TAXES, EXPEND GENERAL REVENUES, AND SUBJECT TO THE LIMITATIONS OF ARTICLE X INCUR GENERAL OBLIGATION DEBT FOR THE PURPOSES OF PROMOTING ECONOMIC DEVELOPMENT AND INDUSTRIAL DEVELOPMENT, THE ECONOMIC DEVELOPMENT AND INDUSTRIAL DEVELOPMENT BEING DECLARED TO BE PUBLIC AND CORPORATE PURPOSES OF THE STATE AND ITS POLITICAL SUBDIVISIONS FOR ALL THE RESIDENTS OF THE STATE OR THE POLITICAL SUBDIVISION UNDERTAKING THE ACTIVITY AND THESE ACTIVITIES UNDERTAKEN BY COUNTIES NOT BEING CONSIDERED TO BENEFIT ONLY A PARTICULAR GEOGRAPHICAL SECTION OF THE COUNTY SUBJECT TO THE REQUIREMENTS OF SECTION 12 OF ARTICLE X.
Reps. BLACKWELL, P. BRADLEY, DAVENPORT, FOXWORTH, RICE and PETTY objected to the Joint Resolution.
The following Bill was taken up.
H. 3548 -- Rep. Schwartz: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-95 SO AS TO REQUIRE THE ASSESSOR TO NOTIFY PROPERTY OWNERS AND MORTGAGEES WITHIN THIRTY DAYS OF A CHANGE IN A TAX MAP NUMBER, TO PROHIBIT ASSESSING A LATE PAYMENT PENALTY WHEN TIMELY NOTICE IS NOT GIVEN, AND TO REQUIRE THE PROMPT REFUND OF ERRONEOUSLY PAID TAXES DUE TO A CHANGE IN A TAX MAP NUMBER.
Reps. HEARN, HUFF and KLAPMAN objected to the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 930 -- Senator Hayes: A BILL TO AMEND SECTION 23-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES AND COMMISSIONS OF SHERIFFS, SO AS TO FURTHER PROVIDE FOR THESE FEES AND COMMISSIONS.
Rep. KIRSH explained the Bill.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 930 be read the third time tomorrow.
The following Bill was taken up.
H. 3713 -- Rep. S. Anderson: A BILL TO AMEND CHAPTER 32 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS BY ADDING SECTION 27-32-250 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF "VACATION MULTIPLE OWNERSHIP INTERESTS".
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5755k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 32, Title 27 of the 1976 code is amended by adding:
Section 27-32-250 (1) Trusts, partnership interests, undivided interests as tenants in common, corporate shares, or any other membership or use interests in a dwelling unit, wherein thirteen or fewer undivided interests, corporation shares, partnership interests, trust interests, or other membership or use interests are conveyed, referred to in this section as a 'vacation multiple ownership interest', are not considered a 'vacation time sharing plan' or a 'time sharing unit' for purposes of this chapter; provided, that no debts, encumbrances or liens, except for purchaser financing, may exist on the dwelling unit at the time fee simple title is conveyed to the tenants in common, corporation, trust, partnership, or any other purchasing organization and provided, further, that insofar as the contract of sale and sale of a vacation multiple ownership is concerned, the transaction must be handled by a real estate salesman duly licensed under the provisions of Chapter 57 of Title 40 rather than under section 27-32-180. It is a violation of this chapter for any seller of a vacation multiple ownership interest to sell, lease, encumber or convey in any manner or to solicit or advertise such transactions unless the seller is in compliance with the provisions of Sections 27-32-20, 27-32-30, 27-32-40, 27-32-50, 27-32-60, 27-32-70, 27-32-80, 27-32-100, 27-32-110, 27-32-120, 27-32-140, 27-32-150 and 27-32-190. Where the words 'time sharing' are used in these sections they also mean 'multiple ownership' for the purposes of this section.
(2) The sale of a vacation multiple ownership interest is exempt from sales tax in the manner provided by section 27-32-170.
(3) Any owner selling vacation multiple ownership interests in not more than one dwelling unit a year is not subject to the provisions of this section. An individual or any corporation, trust, business or partnership in which the individual is an owner, partner, stockholder, trustee, beneficiary or affiliate is considered the owner of the dwelling unit for purposes of this section.
(4) All funds received from purchasers of vacation multiple ownership interests must be placed in an escrow account with an insured institution and not disbursed until a sufficient number of vacation multiple ownership interests are sold to satisfy all outstanding debts, liens and encumbrances on the dwelling unit, except for purchaser financing, and all furniture and furnishings in the dwelling unit, or until the posting with the Real Estate Commission of a bond, letter of credit or other equivalent security satisfactory to the Commissioner, to insure payment of all outstanding debts, liens and encumbrances on the dwelling unit and all furniture and furnishings in the dwelling unit.
(5) Definitions
(a) The definitions contained in Section 27-32-10, subsections 1, 2, 3, 4, 5, 6, 7 (except subsections 7(a) and 7(b)), 12, 16, 17, and 22 are applicable to this section.
(b) 'Dwelling unit' means the actual accommodations and/or related facilities which are the subject of the vacation multiple ownership interest.
(c) 'Purchaser' means anyone who receives an undivided interest in a dwelling unit, a partner in a partnership that owns a dwelling unit, a shareholder in a corporation that owns a dwelling unit, a beneficiary in a trust that owns a dwelling unit, a holder of a leasehold interest in a dwelling unit, or any member of any other organization which owns a dwelling unit.
SECTION 2. This act shall take effect upon approval of the governor.
Amend title to conform.
Rep. HEARN explained the amendment.
Rep. HEARN continued speaking.
The amendment was then adopted.
Rep. KLAPMAN moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
H. 3720 -- Reps. Hawkins, P. Bradley, Russell, Davenport and Petty: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO FULL OR PARTIAL PAYMENT FOR RENT CHARGED FOR ANY RENTAL PROPERTY.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5739k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 34-11-60 of the 1976 Code, as last amended by Act 56 of 1979, is further amended by adding an appropriately numbered subsection to read:
"( ) The provisions of this section apply to any check, draft, or other written order given in full or partial payment for rent charged for any rental property."
SECTION 2. Section 34-11-70 of the 1976 Code, as last amended by Act 422 of 1984, is further amended to read:
Section 34-11-70. (a) When any check, draft, or other order is not paid by the drawee because the maker or drawer did not have an account with or sufficient funds on deposit with the bank or the person upon which such draft, check, or other written order was drawn when presented or the draft, check, or order has an incorrect or insufficient signature thereon, and the maker or drawer of such check, draft, or other written order fails to pay the amount due thereon, together with a service charge of ten not more than twenty-five dollars, within fifteen days after written notice has been sent by certified mail to the address printed on the check or given at the time it is tendered or provided on a check-cashing identification card stating that payment was refused upon the instrument, then such check shall constitute prima facie evidence of fraudulent intent against the maker. All service charges collected pursuant to this section must be paid to the payee of the instrument.
(1) For purposes of subsection (a), notice must be given by mailing the notice with postage prepaid addressed to such person at the address as printed or written on the instrument. The giving of notice by mail is complete upon the expiration of fifteen days after such deposit of such notice in the mail. A certificate by the payee that such notice has been sent as required by this section is presumptive proof that the requirements as to notice have been met, regardless of the fact that the notice might not actually have been received by the addressee. The form of notice must be substantially as follows:
"You are hereby notified that a check or instrument, numbered ____, issued by you on _____(date), drawn upon _______ (name of bank), and payable to _______, has been dishonored. Pursuant to South Carolina law, you have fifteen days from the date this notice was mailed to tender payment of the full amount of such check or instrument plus a service charge of ten ______ dollars (not to exceed twenty-five dollars), the total amount due being _____ dollars and ____ cents. Unless this amount is paid in full within the specified time above, the holder of such check or instrument may turn over the dishonored check or instrument and all other available information relating to this incident to the solicitor or other appropriate officer for criminal prosecution."
(2) When any person instituting prosecution gives notice in substantially similar form provided in item (1) of this subsection to the person and the bank upon which the instrument was drawn and waits fifteen days from the date notice is mailed before instituting the criminal proceedings, there arises a presumption that the prosecution was instituted for reasonable and probable cause and the person instituting prosecution is immune from civil liability for the giving of such notice.
(b) Any court, including magistrate's, may dismiss a case under the provisions of this chapter for want of prosecution. When any prosecutions are initiated under this chapter, the party applying for the warrant shall be held liable for all reasonable administrative costs accruing not to exceed twenty dollars in the event the case is dismissed for want of prosecution. Unless waived by the court, the party applying for the warrant shall notify, orally or otherwise, the court not less than twenty-four hours prior to the date and time set for trial that full restitution has been made in connection with such warrant and such notification shall relieve that part of the responsibility of prosecution.
(c) Any court, including magistrate's, may dismiss any prosecution initiated pursuant to the provisions of this chapter, on satisfactory proof of restitution and payment by the defendant of all administrative costs accruing not to exceed twenty dollars submitted prior to the date set for trial after the issuance of a warrant.
(3) A service charge of not more than ten twenty-five dollars is payable by the drawer of any draft, check, or other written order to the payee of the instrument when the draft, check, or other written order is presented for payment in whole or in part of any then existing debt, including but not limited to consumer credit transactions, and is dishonored. In this event, the service charge is solely to compensate the payee of the instrument for incurred expenses in processing the dishonored instrument and is not related to any presumption of fraud so that it is not necessary to issue the notice to the person at the address as printed on the instrument, as hereinbefore set forth in items (1) and (2) of this subsection.
SECTION 3. This act shall take effect upon approval by the Governor.
Amend title to conform.
Rep. HEARN explained the amendment.
The amendment was then adopted.
Reps. OGBURN and BOAN proposed the following Amendment No. 2 (Doc. No. 5780k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 34-11-60 of the 1976 Code, as last amended by Act 56 of 1979, is further amended by adding an appropriately numbered subsection to read:
"( ) The provisions of this section apply to any check, draft, or other written order given in full or partial payment for rent charged for any rental property."
SECTION 2. Section 34-11-70 of the 1976 Code, as last amended by Act 422 of 1984, is further amended to read:
Section 34-11-70. (a) When any check, draft, or other order is not paid by the drawee because the maker or drawer did not have an account with or sufficient funds on deposit with the bank or the person upon which such draft, check, or other written order was drawn when presented or the draft, check, or order has an incorrect or insufficient signature thereon, and the maker or drawer of such check, draft, or other written order fails to pay the amount due thereon, together with a service charge of ten not more than fifteen dollars, within fifteen days after written notice has been sent by certified mail to the address printed on the check or given at the time it is tendered or provided on a check-cashing identification card stating that payment was refused upon the instrument, then such check shall constitute prima facie evidence of fraudulent intent against the maker. All service charges collected pursuant to this section must be paid to the payee of the instrument.
(1) For purposes of subsection (a), notice must be given by mailing the notice with postage prepaid addressed to such person at the address as printed or written on the instrument. The giving of notice by mail is complete upon the expiration of fifteen ten days after such deposit of such notice in the mail. A certificate by the payee that such notice has been sent as required by this section is presumptive proof that the requirements as to notice have been met, regardless of the fact that the notice might not actually have been received by the addressee. The form of notice must be substantially as follows:
"You are hereby notified that a check or instrument, numbered ____, issued by you on ____ (date), drawn upon _______ (name of bank), and payable to _______, has been dishonored. Pursuant to South Carolina law, you have fifteen ten days from the date this notice was mailed to tender payment of the full amount of such check or instrument plus a service charge of ten ______ dollars (not to exceed fifteen dollars), the total amount due being _____ dollars and ____ cents. Unless this amount is paid in full within the specified time above, the holder of such check or instrument may turn over the dishonored check or instrument and all other available information relating to this incident to the solicitor or other appropriate officer for criminal prosecution."
(2) When any person instituting prosecution gives notice in substantially similar form provided in item (1) of this subsection to the person and the bank upon which the instrument was drawn and waits fifteen ten days from the date notice is mailed before instituting the criminal proceedings, there arises a presumption that the prosecution was instituted for reasonable and probable cause and the person instituting prosecution is immune from civil liability for the giving of such notice.
(b) Any court, including magistrate's, may dismiss a case under the provisions of this chapter for want of prosecution. When any prosecutions are initiated under this chapter, the party applying for the warrant shall be held liable for all reasonable administrative costs accruing not to exceed twenty dollars in the event the case is dismissed for want of prosecution. Unless waived by the court, the party applying for the warrant shall notify, orally or otherwise, the court not less than twenty-four hours prior to the date and time set for trial that full restitution has been made in connection with such warrant and such notification shall relieve that part of the responsibility of prosecution.
(c) Any court, including magistrate's, may dismiss any prosecution initiated pursuant to the provisions of this chapter, on satisfactory proof of restitution and payment by the defendant of all administrative costs accruing not to exceed twenty dollars submitted prior to the date set for trial after the issuance of a warrant.
(3) A service charge of not more than ten fifteen dollars is payable by the drawer of any draft, check, or other written order to the payee of the instrument when the draft, check, or other written order is presented for payment in whole or in part of any then existing debt, including but not limited to consumer credit transactions, and is dishonored. In this event, the service charge is solely to compensate the payee of the instrument for incurred expenses in processing the dishonored instrument and is not related to any presumption of fraud so that it is not necessary to issue the notice to the person at the address as printed on the instrument, as hereinbefore set forth in items (1) and (2) of this subsection.
SECTION 3. This act shall take effect upon approval by the Governor.
Amend title to conform.
Rep. OGBURN explained the amendment.
Rep. KEYSERLING moved to reconsider the vote whereby Amendment No. 1 was adopted and the motion was noted.
Rep. HEARN spoke in favor of the amendment.
The amendment was then adopted.
The motion of Rep. KEYSERLING to reconsider the vote whereby Amendment No. 1 was adopted was taken up.
Rep. KEYSERLING moved to table the motion which was agreed to.
Rep. HEARN explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.
The following was received.
Columbia, S. C., April 22, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to return S. 1193, as requested.
S. 1193 -- Senator Waddell: A JOINT RESOLUTION TO REQUIRE THAT THE VALUE OF AGRICULTURAL REAL PROPERTY FOR TAXABLE YEAR 1986 BE DETERMINED BY USING SOUTH CAROLINA TAX COMMISSION GUIDELINES USED IN 1985 FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL USE AND TO REQUIRE THE TAX STUDY COMMISSION TO CONDUCT A REVIEW OF ALL AGRICULTURAL LAND USE AND VALUATION REGULATIONS AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 31, 1987.
Very respectfully,
President
No. 42
Received as information.
The following was received.
Columbia, S.C., April 22, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3331:
H. 3331 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1981, 1982, 1983, 1984, 1985, AND 1986 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1986.
Very respectfully,
President
No. 43
Received as information.
The report of the Committee of Conference having been adopted by both Houses, and this Joint Resolution having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 3671 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450, 50-9-460, 50-9-470, 50-9-500, ALL AS AMENDED, AND SECTIONS 50-9-15, 50-9-135, 50-9-140, AND 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING AND FISHING LICENSES, GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145, 50-9-455, AND ARTICLE 8 TO CHAPTER 11 OF TITLE 50, SO AS TO PROVIDE PENALTIES FOR ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS ON THEM.
Rep. McABEE proposed the following Amendment No. 22 (Doc. No. 3866R), which was adopted.
Amend the bill, as and if amended, page 2, Section 50-9-10 as contained in SECTION 1 of PART I, line 16, by striking line 16 /is seventeen dollars and fifty cents./ and inserting /is eighteen dollars and fifty cents./, and by striking on line 17 /Fifty cents/ and inserting /Fifty cents One dollar/.
Amend further, page 2, Section 50-9-15 as contained in SECTION 2 of PART I, by striking line 37 /is forty-three dollars and fifty cents./ and inserting /is forty-four dollars and fifty cents./, and by striking on line 38 /Fifty cents/ and inserting /Fifty cents One dollar/.
Amend further, page 3, subitem (1) of Section 50-9-120 as contained in SECTION 3 of PART I, by striking line 6 /eleven dollars and fifty cents, of which amount/ and inserting /twelve dollars and fifty cents, of which amount/ and by striking beginning on line 12 of subsection (2) /four dollars and fifty cents/ and inserting /five dollars and fifty cents/, and by striking on lines 7 and 13 /fifty cents/ and inserting /fifty cents one dollar/.
Amend further, page 3, item (3) of Section 50-9-130 as contained in SECTION 4 of PART I, by striking beginning on line 32 /eighteen dollars and fifty cents/ and inserting /nineteen dollars and fifty cents /, and by striking beginning on line 33 /fifty cents/ and inserting /fifty cents one dollar/.
Amend further, page 4, subsection (1) of Section 50-9-135 as contained in SECTION 5 of PART I, by striking beginning on line 10 /five dollars and fifty cents/ and inserting /six dollars/ and by striking beginning on line 19 of subsection (2) /seventy-five dollars and fifty cents/ and inserting /seventy-six dollars and fifty cents /, and by striking on lines 11 and 20 /fifty cents/ and inserting /fifty cents one dollar/.
Amend further, page 4, Section 50-9-145 as contained in SECTION 7 of PART I, by striking line 42 /pay a fee of fifteen dollars and fifty cents, of/ and inserting /pay a fee of fifteen sixteen dollars and fifty cents, of/, and by striking on line 43 /fifty cents/ and inserting /fifty cents one dollar/.
Amend further, page 5, Section 50-9-450 as contained in SECTION 8 of PART I, by striking on line 23 /is nine dollars and fifty cents./ and inserting /is ten dollars and fifty cents./ and by striking on line 29 /Fifty cents/ and inserting /Fifty cents One dollar/, and by striking on page 6 beginning on line 1 /four dollars and twenty-five fifty cents,/ and inserting /five dollars and twenty-five cents,/, and by striking on line 3 of page 6 /fifty cents/ and inserting /cents one dollar/.
Amend further, page 6, Section 50-9-460 as contained in SECTION 10 of PART I, by striking on line 29 /is thirty dollars and fifty cents/ and inserting /is thirty-one dollars and fifty cents/, and by striking beginning on line 29 /fifty cents/ and inserting /fifty cents one dollar/.
Amend further, page 7, Section 50-9-470 as contained in SECTION 11 of PART I, by striking on line 29 /is eleven dollars and fifty cents/ and inserting /is eleven dollars and fifty cents/, and by striking on line 30 /fifty cents/ and inserting /fifty cents one dollar/.
Amend further, page 8, Section 50-9-500 as contained in SECTION 12 of PART I, by striking beginning on line 18 /two dollars and seventy-five fifty cents/ and inserting /three dollars and seventy-five cents /, and by striking on line 19 /Fifty cents/ and inserting /Fifty cents One dollar/.
Amend further, page 10, Section 50-9-150 as contained in SECTION 1 of PART II, by striking beginning on line 10 /seventy-five dollars and twenty-five fifty cents/ and inserting /seventy-six dollars and twenty-five cents /, and by striking beginning on line 13 /Fifty cents/ cents One dollar/.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. KOON demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 50 to 11.
Rep. GENTRY proposed the following Amendment No. 23 (Doc. No. 3951R), which was adopted.
Amend the bill, as and if amended, by adding a new section to Part II to be appropriately numbered which shall read:
/Section ____. Before any person may lease property to the Wildlife Management Area Program, there must be either public or private access to the property available for use by individuals hunting the property under the program during the term of the lease./
Renumber sections to conform.
Amend title to conform.
Rep. GENTRY explained the amendment.
The amendment was then adopted.
Reps. KIRSH and McABEE proposed the following Amendment No. 24 (Doc. No. 3872R).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Additional funds received by the Wildlife and Marine Resources Department, as a result of the provisions of this act, in excess of 1.5 million dollars annually must be deposited in the general fund of the state./ The Fund herein provided shall be appropriated by the General Assembly for the 1987-88 fiscal year and in no way shall jeopardize matching Federal Funds that may be made available by virtue of the increased license fee as provided herein.
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. McABEE asked unanimous consent to amend the amendment at the desk, which was agreed to.
Rep. LEWIS moved to adjourn debate upon the amendment, which was adopted.
Rep. McEACHIN proposed the following Amendment No. 25, which was adopted.
Amend as and if amended.
By amending S. 50-9-150 on page A-11 to add a new provision at the end of Paragraph 1 to read:
Provided however, permits issued for one day only must be issued at a cost of no more than $5.50 for state residents.
Rep. McEACHIN explained the amendment.
Rep. PEARCE spoke against the amendment.
Rep. McEACHIN spoke in favor of the amendment.
Rep. PEARCE moved to table the amendment.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Anderson, J. Arthur, J. Brown, H. Foxworth Johnson, J.W. Martin, L. McTeer Pearce Rogers, T. Snow Stoddard Toal
Those who voted in the negative are:
Alexander Anderson, S. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Boan Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cooper Cork Davenport Day Faber Fair Felder Ferguson Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Holt Johnson, J.C. Kay Kirsh Klapman Koon Lake Lewis Mangum Martin, D. Mattos McEachin McLellan McLeod Moss Neilson Ogburn Petty Phillips, L. Rice Russell Sheheen Shelton Short Simpson Thrailkill Townsend Tucker Washington Wilkins Williams
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. J. ANDERSON, GENTRY, HUFF, McABEE, and WALDROP proposed the following Amendment No. 27 (Doc. No. 3949R), which was adopted.
Amend the bill, as and if amended, in Section 50-9-135 of the 1976 Code, as contained in SECTION 5, page 4, by adding a new paragraph after line 21 to read:
/Permits issued under this section must authorize the holder to hunt deer from September fifteenth each year until January first of the next year in Game Zone two. Nothing in this section shall prohibit deer hunting prior to September fifteenth in those game zones in which earlier dates are established by regulation or statute./
Amend title to conform.
Rep. J. ANDERSON explained the amendment.
The amendment was then adopted.
Reps. KOON, OGBURN and BARFIELD proposed the following Amendment No. 28 (Doc. No. 3968R), which was tabled.
Amend the bill, as and if amended, page 2, by inserting after /licenses/ on line 9, /and the resident big game permit/ and by inserting after /licenses/ on line 32 /and the resident big game permit/ and by inserting before /,/ on line 34 /for big game/.
Amend further, page 3, line 24, by striking /seventy/ and inserting /seventy-one and one-half/ and on line 29 by striking /thirty-two/ and inserting /thirty-three/ and on line 32 by striking /eighteen/ and inserting /nineteen/.
Amend further, page 4, line 10, by striking /five dollars/ and inserting /one dollar/ and on line 41 by striking /fifteen/ and inserting /sixteen/.
Amend further, page 6, by striking line 18 and inserting:
/purchase a state waterfowl stamp. However, no person currently holding an over-sixty-five license is required to purchase the special habitat permit."/ and on line 29 by striking /is thirty/ and inserting /is thirty-one/.
Amend further, page 7, line 29, by striking /is eleven/ and inserting /is twelve/.
Amend further, page 9, line 34, by striking /fifteen/ and inserting /sixteen/.
Amend further, page 10, line 4, by striking /fifteen/ and inserting /sixteen/ and by striking line 20, and inserting /by rent, purchase or lease, or exchange and/ and by striking lines 30 through 45 and inserting /the department may not lease any land for the Wildlife Management Area Program which has not previously been in the Game Management Area Programs. The Department may/.
Amend further, page 12, by striking lines 8 and 9 and inserting:
/SECTION 3. Section 50-9-135 of the 1976 Code is repealed.
SECTION 4. This act shall take effect July 1, 1986./.
Amend title to conform.
Rep. KOON explained the amendment.
Rep. BLACKWELL asked unanimous consent that the time of the speaker be extended 2 minutes, which was agreed to.
Rep. KOON continued speaking.
Rep. FOXWORTH asked unanimous consent to amend the amendment at the desk.
Rep. PEARCE objected.
Rep. PEARCE spoke against the amendment and moved to table the amendment which was agreed to.
Reps. P. HARRIS, KLAPMAN, McABEE, MANGUM and J. ARTHUR proposed the following Amendment No. 31 (Doc. No. 3965R), which was tabled.
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ___. (a) Chapter 17 of Title 50 of the 1976 Code is amended by adding:
Section 50-17-610. Except as provided in Sections 50-17-630 and 50-17-640 of this article, a person may not fish from a boat in the Atlantic Ocean, any of its inlets or bays, or in any river below the freshwater-saltwater dividing line without first obtaining a saltwater sport fishing license.
The license may be obtained from the Wildlife and Marine Resources Department (department), or from any authorized agent of the department. The annual fee for the license is ten dollars.
Except for a license issued pursuant to Section 50-17-640, every saltwater sport fishing license is valid for not more than one year and shall expire on June thirtieth.
Section 50-17-620. The department may designate a person engaged in a commercial enterprise to sell the saltwater sport fishing license as an agent under the department's control and supervision.
The agent shall retain the sum of fifty cents as compensation for issuing each license that costs ten dollars or twenty-five cents if the license is less than ten dollars.
The saltwater sport fishing licenses may be furnished to an agent upon satisfactory payment or upon consignment and only if the department is given adequate security to insure ultimate payment by an agent to the department on the licenses.
All fees collected on behalf of the department pursuant to this section must be remitted to the department in accordance with its regulations. The department annually shall report publicly the amounts collected and the expenditures.
Section 50-17-630. A person may fish from a boat in the Atlantic Ocean, its inlets or bays, or in any river below the freshwater-saltwater dividing line without a saltwater sport fishing license if the person:
(1) is 65 years of age or older;
(2) is less than sixteen years of age;
(3) possesses a valid commercial license;
(4) is fishing pursuant to any special license issued under Section 50-17-640;
(5) (a) is on active duty with the armed forces of the United States;
(b) is a resident of this State;
(c) is on leave from the armed forces; and
(d) has, while fishing, a copy of the person's official leave orders.
Section 50-17-640. The department may provide by regulation for issuance of special saltwater sport fishing licenses, which authorize fishing by the special licensee for a stated period of time, not to exceed three consecutive days. The fee for each license issued is three dollars.
Section 50-17-650. Any person violating the provisions of this article is guilty of a misdemeanor and upon conviction must be fined not more than two hundred dollars or imprisoned for not more than thirty days."
(b) This section shall take effect July 1, 1986./
Renumber sections to conform.
Amend title to conform.
Rep. P. HARRIS explained the amendment.
Rep. BLACKWELL asked unanimous consent that the time of the speaker be extended 5 minutes, which was agreed to.
Rep. P. HARRIS continued speaking.
Rep. HOLT spoke against the amendment.
Rep. GREGORY moved that the House do now adjourn.
Rep. PEARCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Aydlette Bailey, K. Barfield Bennett Blackwell Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Cooper Davenport Derrick Faber Felder Gilbert Gregory Harris, P. Hawkins Hearn Helmly Hendricks, B. Kay Kirsh Kohn Koon Mangum Mattos McAbee McKay McLeod Mitchell Nettles Phillips, O. Rhoad Rice Russell Shelton Simpson Stoddard Townsend Tucker Williams Winstead
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Arthur, W. Bailey, G. Boan Brown, G. Burriss, T.M. Chamblee Cork Dangerfield Day Fair Foxworth Gentry Harris, J. Harvin Hayes Holt Huff Johnson, J.W. Jones Keyserling Klapman Lewis Martin, D. Martin, L. McBride McEachin McTeer Moss Neilson Ogburn Pearce Petty Phillips, L. Rogers, T. Sharpe Sheheen Short Snow Taylor Thrailkill Toal Washington White Wilkins Woodruff
So, the House refused to adjourn.
Rep. HOLT moved to table the amendment.
Rep. DANGERFIELD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Anderson, S. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Blackwell Boan Bradley, J. Brown, H. Brown, R. Burriss, J.H. Burriss, T.M. Cleveland Cooper Cork Dangerfield Davenport Day Derrick Foxworth Gregory Harris, J. Harvin Hawkins Hayes Helmly Holt Johnson, J.W. Keyserling Kohn Limehouse Martin, D. Martin, L. Mattos McBride McEachin McKay Moss Neilson Nettles Ogburn Pearce Petty Rice Rogers, T. Russell Sheheen Short Simpson Snow Thrailkill Toal Washington White Williams Winstead Woodruff
Those who voted in the negative are:
Arthur, J. Burriss, M.D. Carnell Chamblee Fair Gentry Harris, P. Hendricks, B. Jones Kay Kirsh Klapman Koon Lake Mangum McAbee Phillips, L. Sharpe Stoddard Townsend Tucker
So, the amendment was tabled.
Rep. G. BROWN proposed the following Amendment No. 33 (Doc. No. 3971R), which was ruled out of order.
Amend the bill, as and if amended, by adding the following new section appropriately numbered:
/SECTION ___. Any person who uses a boat to pull water skiers must obtain a permit from the Department of Wildlife and Marine Resources. The department shall issue a decal which must be conspicuously displayed on the boat. An annual fee of five dollars to be used in the Wildlife Management Area Program is charged for the permit and decal./
Renumber sections to conform.
Amend title to conform.
Rep. G. BROWN explained the amendment.
Rep. BLACKWELL raised the Point of Order that Amendment No. 33 to H. 3671 was not germane to the Bill.
Rep. GREGORY stated that the amendment dealt with a different Code Section than that which included hunting and fishing licenses.
The SPEAKER Pro Tempore stated that the amendment did not meet the "main thrust" test, sustained the Point of Order, and ruled the amendment out of order.
Rep. BEASLEY proposed the following Amendment No. 34, which was adopted.
Amend as and if amended.
By striking SECTION 1 of Part I in its entirety.
Renumber sections to conform./
Amend title to conform.
Rep. BEASLEY explained the amendment.
Rep. PEARCE spoke against the amendment and moved to table the amendment.
Rep. BEASLEY demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 22 to 38.
The question then recurred to the adoption of the amendment, which was agreed to.
I inadvertently voted to table Amendment No. 34 which would have stricken section one (1) Part I of the Bill. I preferred to leave the local fees as they are.
REP. CROSBY LEWIS
Rep. CARNELL moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow.
Rep. SHEHEEN demanded the yeas and nays, which were not ordered.
The motion that when the House adjourns, it adjourn to meet at 11:00 A.M. tomorrow was agreed to by a division vote of 56 to 26.
Rep. KOON asked unanimous consent to pass over Amendment No. 38.
Reps. AYDLETTE and DAVENPORT objected.
Rep. Koon asked unanimous consent to withdraw Amendment No. 38, which was agreed to.
Reps. PEARCE and LEWIS proposed the following Amendment No. 39 (Doc. No. 3986R).
Amend the bill, as and if amended, by adding the following section to be appropriately numbered:
/SECTION ___. Additional funds received by the Wildlife and Marine Resources Department as a result of the provisions of this act may only be expended by the Department in fiscal year 1986-87 upon written approval of the Budget and Control Board and the Joint Appropriations Review Committee and thereafter such funds may be expended only as provided for in the annual general appropriations act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE spoke against the amendment.
Rep. P. HARRIS moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Aydlette Bailey, K. Barfield Blackwell Blanding Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Cork Davenport Day Faber Foster Gilbert Gregory Harris, P. Harvin Hawkins Hearn Helmly Hendricks, B. Holt Koon Lake Limehouse Mangum Martin, D. Mattos McAbee McEachin McKay McLellan McLeod Nettles Phillips, L. Phillips, O. Rhoad Rice Russell Simpson Snow Townsend Tucker Washington Williams Winstead
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Beasley Boan Chamblee Cooper Derrick Gentry Harris, J. Hayes Huff Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lewis Martin, L. McBride Moss Ogburn Pearce Petty Rogers, T. Sheheen Short Taylor Thrailkill Toal White Woodruff
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 39, Rep. McABEE having the floor.
The Senate returned to the House with concurrence the following:
H. 3631 -- Rep. G. Bailey: A CONCURRENT RESOLUTION MEMORIALIZING THE MAYOR AND CITY OFFICIALS OF PHILADELPHIA TO EXERCISE THEIR AUTHORITY, PUBLIC DUTY, AND RESPONSIBILITY BY DISCOURAGING AND ENJOINING THE TRANSPORTATION AND DISPOSAL OF PHILADELPHIA GARBAGE AND WASTE IN SOUTH CAROLINA.
H. 3820 -- Reps. Marchant, Limehouse, Russell, Fair, Mattos, Winstead, L. Martin, Carnell, T.M. Burriss, H. Brown, J. Arthur, O. Phillips, Day and Beasley: A CONCURRENT RESOLUTION TO COMMEND PRESIDENT RONALD REAGAN FOR HIS COURAGEOUS AND DECISIVE ACTION TO PREEMPT AND DISCOURAGE THE LIBYAN TERRORISM SPONSORED BY ITS INFAMOUS LEADER, COLONEL MOAMMAR KHADAFY.
H. 3822 -- Rep. Hayes: A CONCURRENT RESOLUTION TO PROCLAIM MAY 1 THROUGH MAY 7, 1986, AS "COMMUNITY LAW WEEK" IN SOUTH CAROLINA AND TO RECOGNIZE THE YOUNG LAWYERS DIVISION OF THE SOUTH CAROLINA BAR ASSOCIATION IN ITS PROMOTION OF AND PARTICIPATION IN THE EVENT.
H. 3841 -- Reps. S. Anderson, Mangum and McAbee: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY, 1986, AS "SOUTH CAROLINA TOURISM MONTH".
H. 3842 -- Reps. Petty, Edwards, S. Anderson, Davenport, Ferguson, Hawkins, Lake and Russell: A CONCURRENT RESOLUTION CONGRATULATING ARTHUR B. ROPER OF CHESNEE, SPARTANBURG COUNTY, UPON EARNING, AT AGE SEVENTY-FOUR, HIS B.A. DEGREE FROM USC-SPARTANBURG AND COMMENDING HIM FOR HIS DEDICATION, ENERGY, AND COMMITMENT TO EXCELLENCE IN EVERY PHASE OF HIS LIFE.
At 4:15 P.M. the House in accordance with the motion of Rep. P. HARRIS adjourned to meet at 11:00 A.M. tomorrow.
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