South Carolina General Assembly
106th Session, 1985-1986
Journal of the House of Representatives

MONDAY, JUNE 2, 1986

Monday, June 2, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 3:00 P.M.

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

O Lord, our God, we thank You for the blessings of life in this free land: the fruits of the soil, the untold resources of the earth, the opportunities for work and play and healthful living, for freedom of speech, for public education, and the rights of every individual. Guide us here in all our actions to complete the work before us. With Your benediction resting upon us, may we face the tasks at hand with sincere dealings, clear thinking and understanding minds - striving always to set forward Your Kingdom on earth.

And with one accord may we praise You for Your never-failing goodness and mercy. 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. SHARPE.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

H. 3671--NON-CONCURRENCE IN
SENATE AMENDMENTS

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

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.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor by a vote of: ayes 45; nays 1 on R. 477, H. 3703:

(R477) H. 3703 -- Reps. Klapman, Felder, Sharpe and J.H. Burriss: AN ACT TO PROVIDE THAT BEGINNING WITH TAX YEAR 1986, THERE IS NO LIMITATION ON THE NUMBER OF MILLS THAT MAY BE IMPOSED IN LEXINGTON COUNTY FOR THE BENEFIT OF THE FIRE DISTRICTS IN THE COUNTY.

Very respectfully,
President

No. 67

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., June 2, 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. 1064:

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.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 64

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., June 2, 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. 1275:

S. 1275 -- Senator Ravenel: A BILL TO AMEND SECTION 12-35-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF SALES TAX BY A RETAILER UNDER CONDITIONAL SALES CONTRACTS, SO AS TO PROVIDE THAT WHEN SALES OF RETAILERS ARE MADE ON AN INSTALLMENT BASIS WHICH CONFORM TO THE UNIFORM COMMERCIAL CODE AND FOR WHICH THE RETAILER TAKES A SECURITY INTEREST THE VENDOR MAY ELECT TO RETURN A PORTION OF THE SALES PRICE ACTUALLY RECEIVED OR INCLUDE THE ENTIRE SALES PRICE TO THE STATE TAX COMMISSION FOR SALES TAX PURPOSES.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 65

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., June 2, 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. 1139:

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.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 66

Received as information.

HOUSE RESOLUTION

The following was introduced:

H. 3972 -- Reps. Hawkins, Gregory, Ogburn, Waldrop, McLeod, R. Brown, McKay, Russell, Davenport, Petty, Ferguson, J. Rogers, Chamblee, Mattos, Rice, Taylor, McBride, J. Brown, Lockemy, Kirsh, Winstead, Derrick and Moss: A HOUSE RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF H. R. "BUD" CHERRY OF ENOREE IN SPARTANBURG COUNTY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3973 -- Rep. Marchant: A HOUSE RESOLUTION TO CONGRATULATE JOHN EDWARD HARVEY, II, OF GREENVILLE COUNTY, FOR ACHIEVING THE NOTABLE DISTINCTION OF SCORING A PERFECT EIGHT HUNDRED ON THE MATHEMATICS PORTION OF THE SCHOLASTIC APTITUDE TEST.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3974 -- Rep. Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE BAMBERG-EHRHARDT HIGH SCHOOL RED RAIDER BASEBALL TEAM FOR WINNING THE STATE CLASS AA CHAMPIONSHIP FOR 1986 AND THE SCHOOL'S PAST TEAMS ARE CONGRATULATED FOR THE PHENOMENAL RECORD OF SEVENTEEN CLASS AA CHAMPIONSHIPS IN THE LAST EIGHTEEN YEARS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1350 -- Senator Leatherman: A CONCURRENT RESOLUTION COMMENDING MS. THELMA BROWN FOR HER OUTSTANDING PUBLIC SERVICE AND ACHIEVEMENTS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1353 -- Senator Powell: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING ACCOMPLISHMENTS OF DR. HARRY STILLE OF ERSKINE COLLEGE AND TO CONGRATULATE HIM UPON HIS RECENT INDUCTION INTO THE NATIONAL ASSOCIATION OF INTERCOLLEGIATE ATHLETICS (NAIA) HALL OF FAME FOR HIS ACHIEVEMENTS AS COACH OF THE ERSKINE BASEBALL TEAM.

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

CONCURRENT RESOLUTION

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

S. 1354 -- Senators Powell, Macaulay, Drummond and Garrison: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE CERTAIN HIGHWAYS EXTENDING FROM OCONEE COUNTY TO THE GEORGIA STATE LINE IN MCCORMICK COUNTY THE "SAVANNAH RIVER SCENIC HIGHWAY".

Whereas, the Savannah River basin is a region rich in scenic, historic, cultural, and recreational resources; and

Whereas, the region is served by a series of connecting highways that roughly parallel the waterways along the Georgia-South Carolina state line, making accessible numerous attractions of interest to the history buff and tourist, as well as the outstanding recreational opportunities afforded by Hartwell, Russell, and Clark Hill reservoirs; and

Whereas, it is believed the tourism potential of the region would be greatly enhanced by giving a single name to these highways; and

Whereas, this identification would support the promotional efforts of such entities as special historic districts, the planning boards of the several counties, chambers of commerce, and councils of government; and

Whereas, the continuous route could be promoted as a side trip off I-85 from the north and I-20 from the south, or as a continuation of S.C. 11 (the Cherokee Foothills Scenic Highway); and

Whereas, it is the intent of the General Assembly that attention of South Carolinians and others be focused on this special region of the State. Now, therefore,

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

That the South Carolina Department of Highways and Public Transportation is requested to designate the highways, beginning at the intersection of S.C. 11 and S.C. 24, S.C. 187, S.C. 181, S-4-105, S.C. 81 and S.C. 28 to the Georgia State line in McCormick County as the "Savannah River Scenic Highway" and to appropriately mark the route so that the region will benefit from this appropriate highway identification.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1356 -- Senator Long: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE H. BLUE HUCKABEE, MAYOR OF SURFSIDE BEACH, HORRY COUNTY, UPON HIS RECENT DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3976 -- Rep. J.C. Johnson: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. JAMES ELI JOHNSON UPON THE OCCASION OF THEIR THIRTIETH WEDDING ANNIVERSARY AND EXTENDING BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.

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

INTRODUCTION OF BILL

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

S. 1274 -- Education Committee: A BILL TO AMEND CHAPTER 7 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION, BY ADDING SECTION 59-7-15 SO AS TO PROVIDE THAT A QUORUM FOR THE CONDUCT OF BUSINESS BY THE COMMISSION IS FIVE MEMBERS.

Referred to Committee on Education and Public Works.

ROLL CALL

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.
Blackwell              Blanding               Boan
Bradley, J.            Brown, H.              Brown, J.
Brown, R.              Burriss, M.D.          Carnell
Chamblee               Cooper                 Cork
Dangerfield            Davenport              Day
Faber                  Fair                   Ferguson
Foxworth               Gentry                 Gilbert
Harris, J.             Harris, P.             Harvin
Hawkins                Hayes                  Helmly
Hendricks, B.          Holt                   Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Koon                   Lake
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, T.             Sharpe
Sheheen                Shelton                Simpson
Snow                   Stoddard               Taylor
Thrailkill             Toal                   Townsend
Tucker                 Washington             White
Wilkins                Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on June 2, 1986.

James C. Johnson                  L. Edward Bennett
Joyce C. Hearn                    John H. Burriss
Palmer Freeman                    Grady Brown
Olin R. Phillips                  Samuel R. Foster
Liston Barfield                   William H. Jones
Sterling Anderson                 B.J. Gordon
Thomas E. Huff                    P. Derrick
E. Crosby Lewis                   Charles L. Griffin III
M. Duke Cleveland                 Dave C. Waldrop, Jr
Lenoir Sturkie                    Parker Evatt
Tom G. Woodruff                   T.M. Burriss
Total Present--106

LEAVES OF ABSENCE

The SPEAKER granted Reps. SHORT and EDWARDS a leave of absence for the day.

The SPEAKER granted Rep. J. ROGERS a leave of absence for today, Tuesday and Wednesday.

The SPEAKER granted Rep. L. HENDRICKS a leave of absence for today, Tuesday and Wednesday due to illness.

The SPEAKER granted Rep. SHELTON a temporary leave of absence.

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

STATEMENT OF ATTENDANCE

Reps. MITCHELL and K. BAILEY signed a statement with the Clerk that they came in after the roll call of the House and were present for the session on Thursday, May 29th.

DOCTOR OF THE DAY

Announcement was made that Dr. Rudolph L. Wise of Columbia is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3966 -- Rep. Lewis: A BILL TO AMEND ACT 812 OF 1952, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY, SO AS TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR ELECTION OF TRUSTEES, TO PROVIDE FOR THE ELECTION OF TRUSTEES AND PROVIDE FOR THE POWERS, DUTIES, AND COMPENSATION OF THE BOARD, AND TO PROVIDE FOR FUNDING OF THE SCHOOL DISTRICT'S OPERATIONS.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution 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. 1261 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO MOBILE HOME PARKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 652, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

H. 3818--OBJECTION

The following Bill was taken up.

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

Rep. LOCKEMY explained the Bill.

Rep. HAYES objected to the Bill.

S. 304--OBJECTIONS AND DEBATE ADJOURNED

Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Resolution, Rep. TOAL having the floor.

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. DAY, KLAPMAN and J. ARTHUR objected to the Resolution.

Rep. T. ROGERS moved to adjourn debate upon the Joint Resolution, which was adopted.

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3388 -- Reps. Sheheen, Mangum, Gordon, Kirsh, Wilkins, White and Gregory: A BILL TO AMEND SECTION 40-35-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS SO AS TO REMOVE THE PUBLIC MEMBER FROM THE BOARD; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS.

The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 2314--FREE CONFERENCE POWERS REJECTED

Rep. FAIR moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 2314 -- Rep. Fair: A BILL TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BICYCLES AND OTHER PLAY VEHICLES BY ADDING SECTION 56-5-3510 SO AS TO INCREASE THE LAWFUL AGE FOR THE OPERATION OF PEDAL BICYCLES WITH HELPER MOTORS RATED LESS THAN ONE HORSEPOWER (MOPEDS) FROM TWELVE TO FIFTEEN YEARS OF AGE, AND TO INCREASE THE PENALTY FOR VIOLATIONS; TO AMEND ARTICLE 1, CHAPTER 1 OF TITLE 56 RELATING TO DRIVERS' LICENSES BY ADDING SECTION 56-1-570 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF SECTION 56-5-3510 IS PROHIBITED FOR A PERIOD OF SIX MONTHS FROM THE DATE OF LAST CONVICTION FROM APPLYING FOR A DRIVER'S LICENSE; AND TO REPEAL ACT 287 OF 1973 AND ACT 156 OF 1977 WHICH NOW CONTAIN PROVISIONS REGULATING THE OPERATION OF THESE PEDAL BICYCLES.

The motion to resolve the Committee of Conference into a Committee of Free Conference was not agreed to by a division vote of 73 to 8, having failed to receive the necessary two-thirds vote.

H. 3315--DEBATE ADJOURNED

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

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

H. 3387--DEBATE ADJOURNED

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

H. 3387 -- Rep. Lewis: A BILL TO AMEND SECTION 31 OF PART II OF ACT 512 OF 1984 (THE GENERAL APPROPRIATIONS ACT), AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE ESTABLISHMENT OF A CONTINUING ACCOUNT UNDER THE STATE TREASURER FOR THE PURPOSE OF PROVIDING STATE MATCHING DISASTER ASSISTANCE FUNDS WHEN REQUIRED BY THE FEDERAL ENTITY PROVIDING THE FUNDS, SO AS TO PROVIDE THAT THE DISASTER ASSISTANCE MATCHING FUNDS IN THE ACCOUNT MAY ALSO BE USED TO COVER THOSE INDIVIDUAL AND FAMILY GRANT (IFG) PROGRAM ADMINISTRATIVE EXPENSES WHICH EXCEED THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) ADMINISTRATIVE EXPENSE ALLOWANCE.

H. 2008--NON-CONCURRENCE IN
SENATE AMENDMENTS

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

H. 2008 -- Reps. Huff, Wilkins, J. Anderson and P. Bradley: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE AND DOMESTIC RELATIONS, BY ADDING ARTICLE 6, SO AS TO PROVIDE FOR THE EQUITABLE APPORTIONMENT OF MARITAL PROPERTY BY THE FAMILY COURTS OF THIS STATE INCLUDING PROVISIONS TO ESTABLISH THOSE FACTORS THE COURT MUST GIVE WEIGHT TO AND CONSIDER WHEN MAKING THE APPORTIONMENT, TO DEFINE WHAT CONSTITUTES MARITAL PROPERTY, TO PROVIDE FOR CERTAIN POWERS, AUTHORITY, AND JURISDICTION OF THE COURT IN THESE MATTERS AND WHEN MAKING THE APPORTIONMENT, TO PERMIT THE PARTIES IN THESE PROCEEDINGS TO RECORD A NOTICE OF THE PENDENCY OF THE PROCEEDING AND APPLY FOR AND RECORD A TRANSCRIPT OF JUDGMENT AND TO PROVIDE FOR THE FORM THAT THE TRANSCRIPT OF JUDGMENT MUST TAKE.

LEAVE OF ABSENCE

The SPEAKER granted Rep. OGBURN a leave of absence for the remainder of the day.

INTRODUCTION OF BILL

On motion of Rep. KOON, with unanimous consent, the following Bill was introduced, read the first time, and ordered placed on the calendar without reference:

H. 3975 -- Reps. Koon, Klapman, Derrick and Sturkie: A BILL TO PROHIBIT THE GOVERNING BODY OF ANY PUBLIC HOSPITAL FROM CLOSING ANY SATELLITE MEDICAL FACILITY OPERATED BY IT WHICH IS LOCATED IN THE ELEVENTH JUDICIAL CIRCUIT, WHICH HAS BEEN CONSTRUCTED AFTER 1975, WITHOUT THE WRITTEN CONCURRENCE OF THE RESIDENT MEMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATORS IN WHICH THIS SATELLITE FACILITY IS LOCATED.

Without reference.

H. 3975--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. KOON, with unanimous consent, it was ordered that H. 3975 be read the second and third times the next two successive legislative days.

S. 1073--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1073 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-1022, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF GILL NETS IN THE ATLANTIC OCEAN, SO AS TO REGULATE THEIR USE DURING THE OPEN SEASON FOR THE TAKING OF AMERICAN SHAD, TO INCREASE THE SIZE OF BUOYS USED TO MARK THEIR LOCATIONS FROM TEN INCHES IN DIAMETER TO TWENTY INCHES IN DIAMETER, AND TO ELIMINATE A PROVISION MAKING POSSESSION OF FRESHLY CAUGHT SHAD DURING THE CLOSED SEASON PRIMA FACIE EVIDENCE OF A VIOLATION.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was introduced on Wednesday, May 28, by the Committee on Agriculture and Natural Resources.

Rep. PEARCE explained the amendment.

The amendment was then adopted.

Rep. PEARCE proposed the following Amendment No. 2 (Doc. No. 5001R), which was adopted.

Amend the bill, as and if amended, Section 50-17-1022 as contained in SECTION 1, page 2, by striking the last paragraph inserting:

/     The penalties for violation of this section are the same as those prescribed in Section 50-17-1070. The possession of freshly caught shad by any fisherman during the closed seasons is prima facie evidence of a violation of this section."/

Amend title to conform.

Rep. PEARCE explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 1073--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 1073 be read the third time tomorrow.

STATEMENT BY REP. McABEE

Rep. McABEE made a statement relative to the General Appropriations Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. TOAL moved that the House resolve itself into a Committee of the Whole, which was agreed to.

COMMITTEE OF THE WHOLE

The SPEAKER Pro Tempore appointed Rep. O. PHILLIPS Chairman of the Committee.

THE COMMITTEE RISES

At. 5:10 P.M., the Committee arose.

SPEAKER IN CHAIR
H. 3966--RECONSIDERED AND DEBATE ADJOURNED

Rep. LEWIS moved to reconsider the vote whereby the following Bill was given a third reading ,which was agreed to.

H. 3966 -- Rep. Lewis: A BILL TO AMEND ACT 812 OF 1952, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY, SO AS TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR ELECTION OF TRUSTEES, TO PROVIDE FOR THE ELECTION OF TRUSTEES AND PROVIDE FOR THE POWERS, DUTIES, AND COMPENSATION OF THE BOARD, AND TO PROVIDE FOR FUNDING OF THE SCHOOL DISTRICT'S OPERATIONS.

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

Rep. HOLT moved that when the House adjourns, it adjourn to meet at 11:00 A.M. tomorrow, which was not agreed to by a division vote of 15 to 55.

Rep. HOLT moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3974 -- Rep. Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE BAMBERG-EHRHARDT HIGH SCHOOL RED RAIDER BASEBALL TEAM FOR WINNING THE STATE CLASS AA CHAMPIONSHIP FOR 1986 AND THE SCHOOL'S PAST TEAMS ARE CONGRATULATED FOR THE PHENOMENAL RECORD OF SEVENTEEN CLASS AA CHAMPIONSHIPS IN THE LAST EIGHTEEN YEARS.

ADJOURNMENT

At 5:15 P.M. the House in accordance with the motion of Rep. HOLT adjourned to meet at 12:00 Noon tomorrow.

* * *


This web page was last updated on Tuesday, June 30, 2009 at 1:41 P.M.