Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Rev. Dale Levan, Pastor of Cooper River Baptist Church, North Charleston, S.C. as follows:
Heavenly Father,
We acknowledge you as the Creator of all good things, the Father of all who believe your promises and of all who receive your Son.
It is through Him that we come boldly today to your throne of grace and mercy. We seek first of all your forgiveness and cleansing. We also seek your strength and guidance.
We thank you for this house and for what it represents. We thank you for these who have dedicated themselves to serve others under you.
Lord, make this place a light for this state. May your Son be exalted here. May Your word be the basis for our morality. May your pleasure be our aim. May your Spirit be our power.
God, we lift up the families of our state to you. Mend them and strengthen them. Show us how to help them return to the principles which you have set forth from the beginning.
Lord, help these representatives and their families. Many of them are separated from their loved ones week after week. May their homes be protected from the onslaughts of Satan. Protect them from unfaithfulness in mind and body and strengthen their love for each other.
Use our gifts today to honor You and to help others. We thank you in advance for hearing this prayer.
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. SHELTON.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER Pro Tempore ordered it confirmed.
The following was received.
McLEOD: I call the Screening Committee Meeting to Order. We have today, unopposed candidates from the Third District and the Fifth District. The First District Incumbent contacted the Committee and had some problem, and I asked that the Staff get a written statement from her of what her problem was, and anyway it was something that was substantial, and so she is not here, and we agreed to hear hers later on, because it was from some long-standing commitment. The reports have been complied with and the SLED investigations and so forth, and I frankly think it is mostly going to be perfunctory as to going to the process, but I do need to ask certain questions of you. I'll start with the Third District, because that's closer to zero than the Fifth District, if Mr. McCoy, if you would please respond to these questions, and I do think you have to be sworn too. Let me swear . . . Why don't both of you just put your hands on the Bible there, and let me swear you both. Do you swear to tell the truth and nothing but the truth, so help you God?
McCOY and PIGG: I do.
McLEOD: All right, unless if there are any further introductory comments, Senator or Representative Blackwell, if you have any comments, I'll just go through the questions. Mr. McCoy, would you tell us please where you reside.
McCOY: 260l Millgate Road, Anderson, South Carolina.
McLEOD: All right sir, and what Congressional District is that?
McCOY: That's the Third Congressional District.
McLEOD: All right sir, have you been hospitalized, or had any serious illnesses or any medical problems in the past year?
McCOY: No, sir.
McLEOD: To your knowledge, do you have any health problem which might hinder your ability to perform the duties of the office you are seeking?
McCOY: No, sir.
McLEOD: Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of the office?
McCOY: No, sir.
McLEOD: Do you have any business obligations, be it employment or other commitments that would prohibit you from attending the meetings or putting in the time needed to serve in this office?
McCOY: No, sir.
McLEOD: There are a couple of questions under the Ethics Law that I would like to ask. Do you or your family have any business interest that would present a conflict of interest in your holding this position?
McCOY: Not to my knowledge, sir.
McLEOD: Are you, or any of your family related to anybody affiliated with the Health and Human Services Finance Commission?
McCOY: Not to my knowledge, sir.
McLEOD: Have you ever been discharged from any employment?
McCOY: No, sir.
McLEOD: Do the Committee Members have any questions of Mr. McCoy? Representative.
BLACKWELL: Mr. Chairman, thank you. Mr. McCoy, folks were invited to tell us anything, any reason why you should not serve, and we've not had any written comment that indicates that you are not doing a good job. I'll be interested in asking you, sir, you've had opportunity now to serve for two years. Do you feel that or do you find that as you've gotten into the job that you can bring some skills and knowledge to the job that you feel is making a contribution to the Health and Human Services work of the State?
McCOY: Yes, sir. I guess I could put it this way. Two years ago, when I was elected to the Commission, I really at that time did not realize the magnitude of the job that I had been elected. I think that you will be getting a much more qualified person, if I should be re-elected this time, than you got two years ago. I have learned a lot, but I still have a lot to learn.
BLACKWELL: Do you feel you are making a definite contribution now to the Board and its work?
McCOY: Yes, sir. I do.
BLACKWELL: Thank you, sir.
McLEOD: Senator Macaulay?
MACAULAY: Mr. McCoy, you don't agree with our Chairman's evaluation that the Third District as being the closest to zero, do you.
McCOY: No, sir.
MACAULAY: I will say this in his defense, that two years ago when they were trying to put the Third from the mountains to the sea, this was one of three, and the other two being our allies from the Third, staunch allies that stood to the bitter end, I think, if I am not mistaken.
McLEOD: I have scars on back now.
MACAULAY: He appreciates the Third.
McLEOD: I certainly do.
MACAULAY: He was just talking about three being the closest to perfection, I guess. Again, Representative Blackwell has asked you very pertinent questions, because this is an important . . . but it is important, and I also note that you have served on the Board at the Anderson Hospital, so you know how important this whole system is, that we ought to avoid any further crisis and hope we get, improve the situation. Do you feel that we're making progress or that we are doing what is necessary?
McCOY: Yes, sir. I do. I'm still sort of awed by the magnitude of the job that we're trying to do, and I, a lot of times in talking with people I use the example that I feel like I am, you know, trying to dip water out of Hartwell Lake, you know, with a bucket. But, you know, if you dip long enough, and get your bucket bigger then you can make some progress, and I sincerely believe that you have a good Commission. I think we work well together, and I think our bucket is getting a little bit bigger, and we are dipping a little bit faster, Senator.
MACAULAY: Thank you. That's all.
McLEOD: All right, sir. Before I forget about it, because I think we are entitled to make some comments that I might address to each of you, that I have brought up recently, and some other people are checking on, you might . . . I think there is a question whether some of the services that y'all are contracting out, well, let me give you the example I'm talking about. When it's delivery of services in connection with transportation, they advise me, and I am not positive about this, that y'all have contracted out transportation to the Governor's Office and from the Governor's Office to the O.E.O. Division. The end result of which is a reduction in money coming to the local level, and that is something that y'all might check on. Do you follow what I am saying?
McCOY: I think so. We, the information that was brought to us by our staff indicated that this would be an economical move to do this, and I am familiar with what you are talking about, not in detail.
McLEOD: Well, it . . . all I am suggesting is that y'all both might check on that, because I am not sure that it is economical after you take out the administrative costs, getting down to the delivery level. In that instance it may have gone through, you know, a couple of agencies, that really didn't have to go to.
McCOY: I certainly will look into this.
McLEOD: While it was on my mind, I wanted to mention it to both of you. Mr. Pigg, I have to ask you the same questions.
PIGG: All right, sir.
McLEOD: Where do you now reside?
PIGG: Cheraw, South Carolina, in the Fifth Congressional District.
McLEOD: Have you been hospitalized or had any serious illness or medical problems in the past year?
PIGG: No, sir.
McLEOD: To your knowledge, do you have any health problems which might hinder your ability to perform the duties of the office you are seeking?
PIGG: No, sir.
McLEOD: Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of the office?
PIGG: No, sir.
McLEOD: Do you have any business obligations be it employment or other commitments that would prohibit you from attending the meetings and putting in the necessary time?
PIGG: No, sir.
McLEOD: Do you or your family have any business interests that would present a conflict of interest in holding the position?
PIGG: No, sir.
McLEOD: Are you, or any of your family related to anybody affiliated with the Commission, the Health and Human Services Commission?
PIGG: Not to my knowledge, sir.
McLEOD: Have you ever been discharged from any employment?
PIGG: No, sir.
McLEOD: Any Committee Members have any questions? Representative Blackwell.
BLACKWELL: Thank you, Mr. Chairman. Mr. Pigg, I would note that we have had no complaints formally to this group about your candidacy for re-election, sir, and I would ask you along the same lines whether you feel that you continue to bring skills and knowledge to this Commission that are of value to the State?
PIGG: I feel that I do, sir. As I stated before this Commission two and a half years ago, I had served prior to that time twenty-five years as Chairman of the Chesterfield County Department of Social Services Board. A lot of the things that I have learned while serving these twenty-five years, I feel I carry over into this Commission.
BLACKWELL: Yes sir. We are well aware of the high regard you are held in by the people of Chesterfield County in connection with that. Are you satisfied that the Commission is operating in the way that it was intended to be operated under the law, and in that connection do you feel that you are having policy input into the Health and Human Service Financing in the State?
PIGG: Yes, sir. I think we are coming along very well considering the fact of limited finances all the agencies are running into at this time.
BLACKWELL: Yes, sir. Your commissioner makes adequate representations about that from time to time to the Ways and Means. Thank you, sir. I have no other questions, Mr. Chairman.
McLEOD: Since we started, Representative Evatt has come in. Mr. Evatt do you have any questions of Mr. McCoy, because we had completed his . . .
EVATT: I have no questions of either gentlemen.
McLEOD: Senator Macaulay, any questions.
MACAULAY: No, Mr. Chairman.
McLEOD: I really see no need for any further questions. We appreciate you coming here, and like I told you, I think it is a little bit somewhat perfunctory, but we do need to do it every now and then, and I guess that there will probably come a time sometime in the future when, hopefully, not with you two, but I imagine a time will come when somebody from the public is going to write in and want to be heard and complain, and that's the idea of the whole process. We appreciate your taking your time out to be here, and more than that, we appreciate your willingness to, frankly, offer yourself as candidates for election, because taking jobs like that, as you've both indicated and found out in the last couple of years, is not all gravy and not all fun. There is an awful lot of time and effort involved on your parts, and we appreciate you interest in your State in offering to serve and continue to serve. If you have any questions of, or if either one of you have any questions of me or the Committee, we will try to answer them.
McCOY: Mr. Chairman, I would just like to say that I appreciate the confidence shown in me a couple of years ago, and if I should be re-elected, I will do the best job I can.
McLEOD: Thank you, sir.
PIGG: Mr. McCoy also said my statements, too, that I would like to thank you once again for your favorable findings in my qualifications and your assistance in electing me two and a half years ago. I have tried to serve the past term to the best of my ability, and if I am re-elected, I will do . . . serve in the same manner.
McLEOD: Thank you both for being present. I think that will do it.
McLEOD: We will come to order. Mrs. Davis-McFarland, as you are aware, we screened the other candidates last week, and as an accommodation to your being out-of-state on some other business, we are having this meeting today, and I frankly, told the other Members that it wasn't a command performance, or what have you. We are more or less complying with the law in having this Screening Committee hearing. First, I need to swear you, if you would raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
DAVIS-McFARLAND: I do.
McLEOD: Thank you, Ma'am. Would tell me, and there are some standard questions here. I'll ask those first. Let me also say for the record and for you that we have received no comments affecting your candidacy for the position. Where do you presently reside?
DAVIS-McFARLAND: Presently, I live in the City of Charleston.
McLEOD: Okay, and that's in the First Congressional District?
DAVIS-McFARLAND: First Congressional District.
McLEOD: All right. Have you been hospitalized or had any serious illnesses or medical problem in the past year?
DAVIS-McFARLAND: No I haven't.
McLEOD: To your knowledge, do you have any health problem which might hinder your ability to perform the duties of the office you are seeking?
DAVIS-McFARLAND: No, sir.
McLEOD: Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of that office?
DAVIS-McFARLAND: None.
McLEOD: Do you have any business obligations be it employment or other commitments that would prohibit you from attending the meetings and putting in the time needed to serve in this position?
DAVIS-McFARLAND: No, I don't.
McLEOD: Do you or your family have any business interests that would present a conflict of interest in your holding this position?
DAVIS-McFARLAND: No.
McLEOD: Are, or any of your family related to anybody affiliated with the Health and Human Services Finance Commission?
DAVIS-McFARLAND: No.
McLEOD: Have you ever been discharged from any employment?
DAVIS-McFARLAND: No.
McLEOD: All right. Now, where are you presently employed?
DAVIS-McFARLAND: At the Citadel.
McLEOD: And you have been for how long?
DAVIS-McFARLAND: Since September, prior to that I was with the Chamber of Commerce.
McLEOD: Since this past September?
DAVIS-McFARLAND: This past September of l985.
McLEOD: Now, your husband's name is Arthur.
DAVIS-McFARLAND: Yes.
McLEOD: McFarland. Okay. I see he is a lawyer and a judge.
DAVIS-McFARLAND: Yes.
McLEOD: Do you have any comments that you wish to make?
DAVIS-McFARLAND: No, I don't.
McLEOD: All right. I see no need to have any further hearing in connection with this matter. We appreciate you coming, and sorry to have come, frankly, because it's rather perfunctory, but
DAVIS-McFARLAND: I appreciate your re-scheduling. Thank you very much.
McLEOD: It just has to be done, so now we've done it. Thank you very much for coming, and the Committee will be meeting on the qualifications, and I don't think there's going to be any problem about it.
DAVIS-McFARLAND: Okay. We, of course, will be notified when . . . will there be an election, or what?
McLEOD: We will have to have an election, and what we will have to do is transcribe the hearing, put that in the, and there is some time limit, you've got to put it in the Journal, and then set the election at some time thereafter, which there is no opposition against anybody who has filed. So, it is, again I think, unless if the General Assembly, I think, does have the opportunity to vote what I think they call reject, but I wouldn't worry about that. I don't think that's going to happen.
DAVIS-McFARLAND: So you will notify us?
Received as information.
The following was received.
April 23, 1986
Speaker Schwartz and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
Richard W. Riley
Appointment, Master-in-Equity, Orangeburg County, with term to commence May 1, 1986 and to fill the unexpired portion of term to expire August 14, 1987:
Mr. Olin D. Burgdorf, P.O. Box 1185, Orangeburg, SC 29115 VICE Mr. A.J. Hydrick (resigned)
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3792 -- Rep. McLeod: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS UNDER WHICH INSURANCE MAY BE SOLD TO AND REQUIRED OF A BORROWER FOR INSURING PERSONAL PROPERTY SECURING A LOAN, SO AS TO ADD UNEMPLOYMENT INSURANCE TO THAT INSURANCE AUTHORIZED TO PROVIDE PERIODIC BENEFITS WHICH MAY NOT EXCEED AN AMOUNT WHICH EQUALS THE AMOUNT OF EACH PERIODIC INSTALLMENT PAYMENT MADE UNDER THE LOAN CONTRACT, AND TO AMEND SECTION 37-3-202 RELATING TO THE ADDITIONAL CHARGES THAT A LENDER MAY CONTRACT FOR AND RECEIVE IN CONNECTION WITH A CONSUMER LOAN, SO AS TO AUTHORIZE UNEMPLOYMENT INSURANCE TO BE PROVIDED A DEBTOR.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 799 -- Senators Land and Theodore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-230 SO AS TO PERMIT QUALIFIED SURETY COMPANIES TO GUARANTEE ARREST BOND CERTIFICATES OFFERED BY AUTOMOBILE CLUBS AND ASSOCIATIONS; REQUIRING THE ACCEPTANCE OF THOSE GUARANTEED ARREST BOND CERTIFICATES IN THE EVENT OF VIOLATION OF CERTAIN MOTOR VEHICLE LAWS; AND TO PROVIDE FOR THE FORFEITURE OF THE GUARANTEED ARREST BOND CERTIFICATES.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 892 -- Senator Garrison: A BILL TO AMEND ACT 188 OF 1985, RELATING TO THE FIRE PROTECTION SPRINKLER SYSTEM ACT, SO AS TO PROVIDE CERTAIN EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 910 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF KNOWINGLY PRESENTING FALSE CLAIMS TO AN INSURANCE COMPANY FOR PAYMENT, SO AS TO MAKE IT UNLAWFUL TO KNOWINGLY ASSIST OR CONSPIRE WITH ANOTHER TO PRESENT A FALSE CLAIM TO AN INSURANCE COMPANY FOR PAYMENT AND TO CHANGE THE PENALTY FROM A FINE OR IMPRISONMENT IN THE DISCRETION OF THE COURT TO IMPRISONMENT FOR NOT MORE THAN FIVE YEARS OR A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS, OR BOTH.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 970 -- Senator Martin: A BILL TO AMEND SECTION 39-57-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "BUSINESS OPPORTUNITY", SO AS TO PROVIDE THAT IT DOES NOT INCLUDE SALES OR LEASES WHERE THE SELLER HAS A NET WORTH ON A CONSOLIDATED BASIS OF NOT LESS THAN TWENTY MILLION DOLLARS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 979 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-5-680, 38-5-700, AND 38-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITS REQUIRED OF INSURANCE COMPANIES, TO CIRCUMSTANCES UNDER WHICH FOREIGN INSURERS ARE NOT REQUIRED TO MAKE DEPOSITS IN THIS STATE, AND TO THE FILING OF SURETY BONDS OR DEPOSITS OF SECURITIES BY SURETY COMPANIES, SO AS TO DELETE SURETY BONDS AS ACCEPTABLE SECURITY, TO INCREASE THE AMOUNT WHICH MUST BE DEPOSITED IN ANOTHER STATE FROM THREE HUNDRED THOUSAND DOLLARS TO ONE MILLION DOLLARS AND TO DEFINE AN "INSURANCE COMPANY" AS A LICENSED STOCK INSURER POSSESSED OF AT LEAST TEN MILLION DOLLARS INSTEAD OF THREE MILLION DOLLARS OF CAPITAL OR SURPLUS, TO INCREASE THE AMOUNT OF THE DEPOSIT REQUIRED OF SURETY COMPANIES FROM FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS, AND TO DELETE THE REQUIREMENT THAT THE SURETY BOND BE APPROVED BY THE ATTORNEY GENERAL.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1017 -- Senators Shealy, Theodore and Mitchell: A BILL TO AMEND CHAPTER 7 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIZE FIGHTING AND BOXING, SO AS TO PROVIDE THAT THE CHAPTER SHALL RELATE TO STATE AND COUNTY ATHLETIC COMMISSIONS, TO INCREASE THE MEMBERSHIP OF THE STATE ATHLETIC COMMISSION FROM SEVEN TO NINE, TO INCLUDE WRESTLING IN THE SPORTS REGULATED, TO PROVIDE FOR WAIVERS OF CAUSES OF ACTION AGAINST ANY OFFICIAL INVOLVED IN AN ATHLETIC EVENT AND TIME REQUIREMENTS RELATING TO THE FILING OF APPLICATIONS, TO DELETE REQUIREMENTS FOR ANNUAL REPORTS BY COUNTY ATHLETIC COMMISSIONS, AND TO DELETE RESPONSIBILITIES OF COUNTY ATHLETIC COMMISSIONS WHICH ARE ASSIGNED TO THE STATE ATHLETIC COMMISSION.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1181 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-29-10, 38-29-30, 38-29-50, 38-29-60, 38-29-70, 38-29-90, 38-29-110, 38-29-140, 38-29-150, 38-29-170, 38-29-190, 38-29-220, 38-29-240, 38-29-250, 38-29-260, 38-29-270, 38-29-280, 38-29-330, 38-29-340, AND 38-29-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT, SO AS TO DELETE THE REFERENCE TO SECURITIES BROKER IN THE DEFINITION OF "PERSON"; PERMIT A DOMESTIC INSURER TO INVEST IN THE SECURITIES OF A SUBSIDIARY IN AN AMOUNT NOT TO EXCEED TEN PERCENT INSTEAD OF FIVE PERCENT OF THE INSURER'S ASSETS AND TO EXCLUDE INVESTMENTS IN DOMESTIC OR FOREIGN INSURANCE SUBSIDIARIES IN CALCULATING THE AMOUNT OF THE INVESTMENT; TO DETERMINE COMPLIANCE WITH PROVISIONS AUTHORIZING INVESTMENTS OF A DOMESTIC INSURER IN A SUBSIDIARY BY CALCULATING THE INVESTMENT LIMITATIONS AS THOUGH THE INVESTMENT HAD BEEN MADE; TO PROVIDE STANDARDS FOR REPORTING TRANSACTIONS WITHIN A HOLDING COMPANY SYSTEM; AND TO PROVIDE A PENALTY FOR AN INSURER, DIRECTOR, OR OFFICER OF AN INSURANCE HOLDING COMPANY WHO VIOLATES THIS CHAPTER; TO AMEND THE CODE BY ADDING SECTIONS 38-29-155 AND 38-29-165 SO AS TO PROVIDE THAT THE REGISTRATION STATEMENT OF AN INSURER WITH AN INSURANCE HOLDING COMPANY SHALL INDICATE CHANGES IN A PRIOR STATEMENT AND REPORT DIVIDEND DISTRIBUTION TO SHAREHOLDERS; AND TO REPEAL SECTION 38-29-100 RELATING TO THE REQUIREMENT THAT AN INSURER MAIL ALL MATERIALS AND NOTICES TO THE INSURER'S SHAREHOLDERS.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1211 -- Senator McLeod: A CONCURRENT RESOLUTION TO FIX 12:00 NOON, WEDNESDAY, APRIL 23, 1986, AS THE TIME FOR A SESSION OF THE JOINT ASSEMBLY TO ELECT MEMBERS TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION IN THE FIRST, THIRD, AND FIFTH CONGRESSIONAL DISTRICTS TO SUCCEED THE PRESENT MEMBERS WHOSE TERMS EXPIRE IN 1986.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives at 12:00 noon, Wednesday, April 23, 1986, for the purpose of electing members to the State Health and Human Services Finance Commission in the First, Third, and Fifth Congressional Districts to succeed the present members whose terms expire in 1986.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1232 -- Senators Leatherman and Thomas E. Smith, Jr.: A CONCURRENT RESOLUTION CONGRATULATING THE WEST FLORENCE HIGH SCHOOL BOYS' BASKETBALL TEAM ON WINNING THE 1986 CLASS AAAA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3844 -- Charleston County Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF WILLARD A. SILCOX OF CHARLESTON UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 3845 -- Reps. Moss and O. Phillips: A BILL TO AMEND SECTION 7-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE VOTING PRECINCTS IN CHEROKEE COUNTY, SO AS TO REVISE THESE VOTING PRECINCTS AND PROVIDE FOR THE POLLING PLACES THEREOF.
Referred to Cherokee Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, S. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Chamblee Cooper Cork Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Felder Ferguson Foxworth Freeman Gilbert Gordon Gregory Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Hendricks, B. Holt Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lake Limehouse Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rigdon Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on Wednesday, April 23, 1986.
Denny W. Neilson Mickey Burriss T.W. Edwards, Jr. Samuel R. Foster Lloyd I. Hendricks Joe F. Anderson, Jr. John J. Snow, Jr. James E. Lockemy Crosby Lewis Charles L. Griffin III Tom Marchant M. Duke Cleveland
STATEMENTS OF ATTENDANCE
Rep. GENTRY signed a statement with the Clerk that he came in after the roll call and was present for the Session on Thursday, April 17, 1986.
Reps. R. BROWN and KOON signed a statement with the Clerk that they came in after the roll call and were present for the Session on Tuesday, April 22, 1986.
The SPEAKER Pro Tempore granted Rep. TOAL a temporary leave of absence.
The SPEAKER Pro Tempore granted Rep. J. ARTHUR a leave of absence for the day due to illness.
The SPEAKER Pro Tempore granted Rep. MARCHANT a temporary leave of absence due to the hospitalization of his wife.
Announcement was made that Dr. R.E. Livingston, Jr., of Newberry is the Doctor of the Day for the General Assembly.
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. 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.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
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.
The Bill was read the second time and ordered to third reading.
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 Bills were taken up, read the second time, and ordered to a third reading:
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".
H. 2808 -- Reps. P. Bradley and Beasley: A BILL TO AMEND SECTION 40-21-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN CHARGES AGAINST PERSONS WHO HOLD A CERTIFICATE OF REGISTRATION FROM THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND THE HEARINGS THEREON, SO AS TO REVISE THE PENALTIES WHICH THE BOARD MAY IMPOSE UPON VOTING TO SUSTAIN THE CHARGES, INCLUDING THE AUTHORIZATION OF CIVIL FINES, AND TO PROVIDE FOR THE MANNER IN WHICH THE FINES COLLECTED ARE TO BE EXPENDED.
Rep. SHEHEEN explained the Bill.
H. 3242 -- Rep. Fair: A BILL TO AMEND SECTION 56-5-2945, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OFFENSE OF CAUSING BODILY INJURY OR DEATH WHILE DRIVING A VEHICLE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE A MANDATORY THREE-YEAR DRIVER'S LICENSE SUSPENSION OF A PERSON CONVICTED OF THE OFFENSE.
Rep. FAIR explained the Bill.
On motion of Rep. HEARN, with unanimous consent, it was ordered that H. 3713 be read the third time tomorrow.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 2808 be read the third time tomorrow.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3242 be read the third time tomorrow.
Rep. MANGUM moved to adjourn debate upon the following Bill, which was adopted.
H. 3477 -- Reps. Sheheen, Mangum, Gordon, Kirsh, Wilkins, White and Gregory: A BILL TO AMEND SECTIONS 38-5-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR INSURANCE COMPANIES AND THE COLLECTION AND DISPOSITION OF THE FEES, SO AS TO PROVIDE FOR FIXED LICENSE FEES AS SET BY REGULATION RATHER THAN ANNUAL FIXED LICENSE FEES OF SPECIFIED AMOUNTS; 38-5-400, RELATING TO A TWO HUNDRED DOLLAR LICENSE FEE FOR FOREIGN INSURANCE COMPANIES, SO AS TO PROVIDE FOR A LICENSE FEE AS SET BY REGULATION RATHER THAN AN ANNUAL LICENSE FEE IN THE SPECIFIED AMOUNT; 38-5-440, RELATING TO RETURNS AND PAYMENT OF GRADED LICENSE FEES ON DOMESTIC INSURANCE COMPANIES, SO AS TO PROVIDE THAT THE TAX IMPOSED IN SECTIONS 38-5-410 OR 38-5-420 MUST BE PAID QUARTERLY TO THE TAX COMMISSION RATHER THAN BE PAID IN FULL TO THE TAX COMMISSION AT THE TIME THE RETURN IS FILED; 38-5-770, RELATING TO UNEARNED PREMIUM RESERVES AND INSURANCE COMPANIES, SO AS TO DELETE REFERENCES TO CERTAIN FEES OF TWO HUNDRED DOLLARS AND PROVIDE INSTEAD FOR FEES AS SET BY REGULATION; 38-5-1250, RELATING TO THE REQUIREMENT THAT EXPENSES OF INVESTIGATIONS MUST BE PAID BY FIRE INSURANCE COMPANIES AND A TAX LEVY, SO AS TO PROVIDE THAT THE TAX IS TO BE COLLECTED QUARTERLY BY THE CHIEF INSURANCE COMMISSIONER; 38-21-710, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS, ANNUAL RENEWAL OF LICENSES, AND FEE, SO AS TO PROVIDE FOR BIENNIAL RENEWAL AND TO PROVIDE FOR CERTAIN FEES AS SET BY REGULATION RATHER THAN IN SPECIFIED AMOUNTS; 38-27-30, AS AMENDED, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES AND LICENSE, FEE, AND INTERROGATORIES, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A BIENNIAL, RATHER THAN AN ANNUAL, LICENSE FEE SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; 38-43-930, RELATING TO FIRE, MARINE AND INLAND MARINE AND CASUALTY AND SURETY RATES, RATING ORGANIZATIONS, AND ISSUANCE OR DENIAL OF LICENSE, DURATION, AND FEE, SO AS TO PROVIDE THAT THE FEE FOR THE LICENSE MUST BE SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; 38-45-160, RELATING TO RECIPROCAL INSURANCE AND FEES, TAXES, AND BOND OF ATTORNEY, SO AS TO PROVIDE FOR A LICENSE FEE AS SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT AND TO PROVIDE FOR BIENNIAL, RATHER THAN ANNUAL, RENEWAL; 38-47-30, RELATING TO THE ISSUANCE OF LICENSES TO INSURANCE BROKERS, SO AS TO PROVIDE FOR THE PAYMENT OF A BIENNIAL, RATHER THAN AN ANNUAL, LICENSE FEE AS SET BY REGULATION, RATHER THAN IN A SPECIFIED AMOUNT; 38-47-90, RELATING TO THE PROVISION THAT INSURANCE BROKERS' LICENSES ARE FOR AN INDEFINITE TERM UNLESS REVOKED OR SUSPENDED AND TO AN ANNUAL FEE PAYABLE AS PROVIDED BY REGULATION, SO AS TO PROVIDE FOR A BIENNIAL LICENSE FEE; 38-49-30, RELATING TO FEES FOR INSURANCE ADJUSTERS' LICENSES, SO AS TO PROVIDE THAT THE FEE FOR THIS LICENSE IS AS SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; 38-49-40, RELATING TO THE PROVISION THAT INSURANCE ADJUSTERS' LICENSES ARE FOR AN INDEFINITE TERM UNLESS REVOKED OR SUSPENDED AND TO AN ANNUAL FEE PAYABLE AS PROVIDED BY REGULATION, SO AS TO PROVIDE FOR A BIENNIAL LICENSE FEE; 38-51-90, RELATING TO FEES FOR LICENSES OF INSURANCE AGENTS AND SEMIANNUAL LICENSES, SO AS TO PROVIDE THAT BIENNIAL, RATHER THAN ANNUAL, FEES APPLICABLE TO AGENTS' LICENSES MUST BE SET BY REGULATION, RATHER THAN BE IN SPECIFIED AMOUNTS; 38-57-120, RELATING TO FIREMEN'S INSURANCE AND INSPECTION FUNDS AND THE PAYMENT OF A PORTION OF THE PREMIUMS REPORTED TO THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE FOR PAYMENT AND DELIVERY ON A QUARTERLY BASIS, RATHER THAN WITHIN SIXTY DAYS AFTER THE THIRTY-FIRST DAY OF DECEMBER OF EACH YEAR; 42-5-150, RELATING TO WORKERS' COMPENSATION, INSURANCE AND SELF-INSURANCE, AND RETURNS AND PAYMENT OF TAX, SO AS TO REQUIRE INSURANCE CARRIERS TO MAKE A REPORT, RATHER THAN A RETURN, ON A QUARTERLY BASIS, RATHER THAN ANNUALLY; AND 56-13-20, AS AMENDED, RELATING TO MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS AND, AMONG OTHER THINGS, THE REQUIRED LICENSE AND FEE, SO AS TO PROVIDE FOR A LICENSE FEE AS SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; TO PROVIDE THAT LICENSE FEES IN TITLE 38 MUST BE SET BY THE CHIEF INSURANCE COMMISSIONER BY REGULATION; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA INSURANCE COMMISSION.
The following Bill was taken up.
S. 24 -- Senator Theodore: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 14 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR ACTIVE MEMBERS OF THE UNITED STATES MILITARY RESERVE, INCLUDING PROVISIONS FOR A FEE AND FOR CRIMINAL PENALTIES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3847R), which was adopted.
Amend the bill, as and if amended, Section 56-3-1760 as contained in SECTION 1, beginning on page 1, by striking it and inserting:
/Section 56-3-1760. The special license plate must be of the same size and general design as regular motor vehicle license plates. The department must imprint the special license plates with the words 'United States Military Reserve' or an abbreviation selected by the department, together with numbers which the department may determine. The license plate must be for an annual period which shall expire twelve months from the month it is issued./
Amend title to conform.
Rep. STODDARD explained the amendment.
The amendment was then adopted.
Reps. S. ANDERSON and McABEE proposed the following Amendment No. 2, which was adopted.
Amend as and if amended, by striking Section 2 and inserting.
SECTION 2. The 1976 Code is amended by adding:
"Section 56-3-1815. The Department may issue special motor vehicle license plates to retired members of the South Carolina National Guard, if the applicant for a special license plate is certified as a retired member of the National Guard by the Adjutant General."
SECTION 3. Section 56-3-1820 of the 1976 Code is amended to read:
"Section 56-3-1820. The special license plates shall must be of the same size and general design of regular motor vehicle license plates, upon which shall must be imprinted 'National Guard' and the figure of the 'Minute Man, ', together with such numbers as the Department department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The annual fee for the special license plates is fifteen dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. Such The plates shall must be issued for annual periods from November first to October thirty-first."
SECTION 4. Section 56-3-1830 of the 1976 Code is amended to read:
"Section 56-3-1830. Such license License plates issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made therefor and approved by the Department department. It shall be is unlawful for any person to whom such the plates have been issued to knowingly permit them to be displayed on any vehicle except the one authorized by the Department department. If a holder of such special license plates shall cease ceases to be an active member of the National Guard he shall immediately return such the plates to the Department department."
SECTION 5. This act shall take effect upon approval by the Governor.
Rep. McABEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. STODDARD asked unanimous consent that S. 24 be read a third time tomorrow.
Rep. KLAPMAN objected.
The following Bill was taken up.
S. 879 -- Senators Wilson and Setzler: A BILL TO AMEND SECTION 59-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PERMIT ABBREVIATED SCHOOL HOURS ON THE FINAL TWO DAYS OF THE SCHOOL YEAR.
Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3851R), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-1-440 of the 1976 Code, as last amended by Act 107 of 1985, is further amended to read:
"Section 59-1-440. The instructional day for secondary students must be at least six hours, excluding lunch. The school day for elementary students must be at least six hours, including lunch. Elementary and secondary schools may reduce the length of the instructional day to not less than three hours on not more than three days each school year for the purpose of administering end-of-year examinations.
Priority during the instructional day must be given to teaching and learning tasks. Class interruptions must be limited only to emergencies. Volunteer blood drives as determined by the principal may be conducted at times which would not interfere with classroom instruction such as study period, lunch period, and before and after school."
SECTION 2. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. L. PHILLIPS 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. L. PHILLIPS, with unanimous consent, it was ordered that S. 879 be read the third time tomorrow.
Rep. T. ROGERS moved to adjourn debate upon the following Joint Resolution, which was adopted.
H. 3833 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 701, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
The following Bill was taken up.
H. 3810 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-6-119 SO AS TO PROVIDE FOR THE INVESTIGATION AND REPORT OF BELOW COST SALES OF MOTOR VEHICLE FUEL AND TO AUTHORIZE THE ASSESSMENT OF INVESTIGATION FEES AND TO PROVIDE AN APPROPRIATION.
Reps. HEARN, M.D. BURRISS, T.M. BURRISS, TAYLOR, KIRSH, J.H. BURRISS, DAVENPORT and L. MARTIN objected to the Bill.
The following Bill was taken up.
H. 2697 -- Reps. J. Rogers, Rawl, J. Bradley, J.H. Burriss, M.D. Burriss, T.M. Burriss, Gregory, Hawkins, Kohn, McEachin, Sturkie, McLeod, Alexander, Fair, Rice, McKay, Shelton, Gilbert, Aydlette, P. Bradley, Kirsh, Cork, P. Harris, Williams, Foxworth, Moss, Elliott, Waldrop and O. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-15, SO AS TO PROVIDE FOR ASSESSMENT OF ATTORNEY FEES AND INTEREST AGAINST PERSONS LIABLE FOR CLAIMS FOR PAYMENT FOR PERMANENT IMPROVEMENT TO REAL ESTATE WHO DO NOT INVESTIGATE THE MERITS OF A CLAIM AND PAY IT WITHIN FORTY-FIVE DAYS OF DEMAND IF IT IS DETERMINED TO BE VALID.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3842R), which was adopted.
Amend the bill, as and if amended, Section 27-1-15 in SECTION 1 by adding before the comma on line 10 /and is later adjudged to owe the claim or a portion of it/
When amended the section shall read:
/"Section 27-1-15. Whenever a contractor, laborer, or materials supplier has expended labor, services, or materials under contract for the improvement of real property, and where due and just demand has been made for payment for the labor, services, or materials under the terms of any regulation, undertaking or statute, it is the duty of the person upon whom the claim is made to make a reasonable and fair investigation of the merits of the claim and to pay it, or whatever portion of it is determined as valid, within forty-five days. If the person fails to make a fair investigation or otherwise unreasonably refuses to pay the claim or proper portion and is later adjudged to owe the claim or a portion of it, he is liable for reasonable attorney's fees and interest at the judgment rate from the date of the demand."/
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. THRAILKILL objected to the Bill.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SHEHEEN asked unanimous consent that H. 2697 be read a second time tomorrow.
Rep. DAVENPORT objected.
Rep. CORK moved that upon the conclusion of the Joint Assembly, the House stand adjourned.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Blanding Boan Bradley, J. Burriss, M.D. Carnell Elliott Gilbert Harris, P. Hearn Holt Koon Mangum McAbee Townsend Tucker Waldrop
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Aydlette Beasley Bennett Blackwell Brown, H. Brown, J. Brown, R. Burriss, J.H. Chamblee Cooper Cork Dangerfield Davenport Derrick Edwards Faber Foxworth Freeman Gregory Harris, J. Hawkins Hayes Hendricks, B. Huff Johnson, J.W. Kay Keyserling Kirsh Lake Martin, L. McKay McLellan McLeod McTeer Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Rice Russell Sharpe Sheheen Simpson Snow Stoddard Sturkie Thrailkill White Wilkins Winstead
So, the motion was not agreed to.
Rep. FERGUSON, with unanimous consent, objected to the following Bill.
H. 3810 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-6-119 SO AS TO PROVIDE FOR THE INVESTIGATION AND REPORT OF BELOW COST SALES OF MOTOR VEHICLE FUEL AND TO AUTHORIZE THE ASSESSMENT OF INVESTIGATION FEES AND TO PROVIDE AN APPROPRIATION.
The following Bill was taken up.
H. 3287 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE OF A PARTY TO A LEGAL PROCEEDING TO TESTIFY OR GIVE EVIDENCE, SO AS TO REQUIRE A HUSBAND OR WIFE TO DISCLOSE INFORMATION GIVEN TO THEM BY THE OTHER DURING THEIR MARRIAGE WHERE THE PROCEEDING CONCERNS OR IS BASED ON CRIMINAL SEXUAL CONDUCT INVOLVING A MINOR OR ATTEMPTING TO COMMIT A LEWD ACT UPON A MINOR.
Rep. J. BRADLEY objected to the Bill.
Rep. SHEHEEN explained the Bill.
Rep. BLACKWELL objected to the Bill.
Rep. SHEHEEN continued speaking.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill, Rep. SHEHEEN having the floor.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3712 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Evatt, Faber, Hearn, Lloyd I. Hendricks, T. Rogers, Taylor and Toal: A CONCURRENT RESOLUTION TO FIX IMMEDIATELY FOLLOWING HUMAN SERVICES COMMISSION ELECTIONS ON WEDNESDAY, APRIL 23, 1986, FOR THE SENATE AND HOUSE OF REPRESENTATIVES TO MEET IN JOINT ASSEMBLY TO HEAR AN ADDRESS BY ASTRONAUT CHARLES F. BOLDEN, JR., A NATIVE COLUMBIAN.
Astronaut Charles F. Bolden, Jr., and distinguished party were escorted to the rostrum by Governor Richard W. Riley, Senators Lourie, K. Patterson, Giese, and Courson, and Reps. McBRIDE, MITCHELL and L. MARTIN.
The President of the Senate recognized Governor Richard W. Riley who introduced the honored guest as follows:
"Thank you so much. Mr. President, Mr. Speaker, members of this Joint Assembly, our distinguished honoree, his family and friends, my friends - it's a real pleasure for me to be with you today for this very pleasant opportunity. I can't think of a better description of the young man that we're honoring today than Ernest Hemingway's famous definition of guts - having grace under pressure. In everything that he's done, Lieutenant Colonel Charles Bolden, Jr., has exhibited the courage and the grace and the intelligence that has made us very, very proud that he is a son of South Carolina. Even before his days as a space shuttle pilot, Charles Bolden was on a mission, a mission that called for his own personal courage and grace and, indeed, excellence. These were qualities that were planted in him by his parents, Ethel Bolden and the late Coach Charles Bolden, a man who knew a lot about having grace under pressure in his job as a coach. His lovely mother is here, and I would like to ask her to please stand; Ethel Bolden, who is a great friend of mine. Ethel, as many of you know, is a former librarian at Dreher High School. She kept my two boys out of trouble, for one thing, and I appreciate that. But these are qualities that Colonel Bolden got from his parents, and they are also qualities that he learned at our public schools: Carver Elementary, Perry Middle, and C. A. Johnson High School. They stayed with him through the Naval Academy and carried him through over a hundred missions that he flew in Viet Nam for you and for me. These assets - this courage, this grace, this excellence - became his basic job description as an astronaut. Along with his missions for NASA, Charles Bolden is on another mission to give the young people of our state a very important message. That if they have the courage and are willing to work hard, then they, too, can reach for the stars, just as he has done. You have to study hard, Colonel Bolden tells them, and you have to work hard and you have to grow, and that's just the basic truth, he says. Yes, this is a basic truth that all of us need to learn. As Governor of a state that's working hard to reach for excellence, with a General Assembly here that has supported that effort, I'm grateful to Colonel Bolden, and to another outstanding son of South Carolina, the late Dr. Ronald McNair, for both their message and the model they present to young South Carolinians across this state. Dr. McNair stood right here some years ago, and you and I proudly welcomed him. Now his close friend, colleague and ally is here to do us the honor. I hope that the message that these two great South Carolinians have given will convince many, many more young people that they also possess the courage and the grace and the excellence to follow in the footsteps of these remarkable young men. During this year, Columbia's Bicentennial, we're pausing here in the capitol city to remember those pioneers who founded this great capitol city. I think it's very fitting that we also pause to honor a native Columbian, who is indeed a pioneer for the future. Now, as Governor, on behalf of all of the people of this state whom I represent, I'm honored to present to Lieutenant Colonel Charles F. Bolden, Jr., the Order of the Palmetto, the highest honor that I, as Governor, can give any citizen. And now, Colonel, you can add to your many, many titles which I know you proudly hold, the fact that you have been officially declared a Palmetto Gentlemen. It's my great honor to make this presentation to you on behalf of this General Assembly and the people of South Carolina."
Astronaut Bolden:
"Governor Riley, Mr. Speaker, Mr. President, first of all, I'm a little nervous. It's a lot easier to get into a spaceship to go into space than it is to prepare to come before a body such as this. I think, given the choice, I would go get into Columbia again right now. I bring you greetings from the South Carolina delegation to the National Aeronautics and Space Administration and the Johnson Space Center, and I don't mean that jokingly. As I'm certain many of you know, the South Carolina delegation is now made up of four young men. I am not the leader by any stretch of the imagination, but I am one of those delegates. I'm also joined by Mr. Frank Culbertson, who is a Commander in the United States Navy from Holly Hill, South Carolina; Colonel John Casper, a Colonel in the United States Air Force from Greenville, South Carolina; and, most recently, Commander Steve Thorn, from Anderson, South Carolina. The four of us joined with former astronauts from South Carolina, General Charles Duke and the late Dr. Ronald McNair in doing our best to represent you of the state of South Carolina in what we have chosen as our life's work.
Senator Kay Patterson told me to make sure this was brief, so I will make an effort to do that, in going along with the desires of my former teacher. I wanted to very briefly share this with you. Where have we been? When I say we, I mean not just the state of South Carolina, but more universally, where has the National Aeronautics and Space Administration been. I think all of you are aware that we have gone from the early 1960's through a very successful period of manned space flight. Not only did we complete a very successful Apollo program, launch three Skylab flights, conduct a joint U.S.-Soviet Union space venture in the Apollo-Soyuz space mission, and until the Challenger accident, we had flown successfully 24 American space shuttle flights. Those are the kind of places we've been.
Where are we right now? As I was discussing with Senator Giese before we came in, we at NASA are at the point of reassessment. In light of the shuttle Challenger accident, we are taking a serious reassessment of what our goals and objectives are. And we are taking a look at what we have in the way of funding and trying to reorient ourselves, trying to rethink our program. Even as we speak, we have committees of persons, astronauts, engineers, scientists, technicians, who are trying to understand fully what happened, what caused the Challenger accident, and what we need to do to see that such an accident never occurs again. That is going on right now. We are charging ahead very diligently in an attempt to get the space shuttle airborne again, as soon as possible. I have somewhat of a very selfish interest in that, because before the Challenger accident, I was scheduled to turn around and go back and fly in the shuttle Atlantis this coming October to deploy the Hubble Space Telescope, to fly higher than we had ever been before in the space shuttle, go to 320 miles and deposit the space telescope, which will enable us to see something like 300 times the volume of space that we can currently see from the best instrument on the face of the earth. So I'm really excited about that. I'm excited about getting the opportunity to fly with my boss, John Young, who is the Chief of the Astronaut Office and the world's premier astronaut. That I am still looking forward to, and, hopefully, when we resume shuttle flights, we'll do that, about the third flight out of the chute. That's what we're doing right now.
Where are we going? With your help, and, God willing, with the help of the United States Congress, we're going to commit ourselves to a space station, a permanently manned, orbiting space station where we will be able to send up to eight Americans and other people to work on science, engineering, medicine, things that will benefit us here in South Carolina, us here throughout the country, and us here throughout the world. That's where we're going.
It's going to take commitment, though, on the part of all of us. You know, it's very easy for people to sit back and say, well, NASA has this problem, or NASA has that problem. I would bid your indulgence and have you understand that we all have this problem or we all have that problem, and it's going to take commitment from every one of us. So, that's what NASA is trying to do. We are calling on the United States Congress to join us in that commitment to excellence in technology, in space exploration, because I would like to be able to come back to you in a period no longer than ten years from now, and tell you what it was like when I worked in a space station. And I would like to tell you about the preparation that I'm making with some young South Carolinian, who, hopefully, is sitting in the balcony right now, and will join me in a venture to Mars, to some interplanetary exploration. And that is going to happen in our lifetimes, provided that we make the commitment today.
But what about the state of South Carolina? You know, we don't operate in a void in the National Aeronautics and Space Administration, and neither can the state of South Carolina. As I remember from my brother, my good friend, Dr. Ron McNair, I think he spoke the same kind of things to you when he was here - you have to make a commitment. The commitment that you can make is a commitment to excellence in education here in the state of South Carolina. A commitment to the growth of technology, a commitment to bringing industry into the state, as you have already done, but you must continue to do so. You cannot sit back and relax. You cannot say, well, we have made educational reform, our schools are getting to be very good schools, we are very competitive on a national level. You cannot sit back and be smug and be satisfied. You cannot be satisfied until we can see each one of these youngsters in the balcony say, I am not afraid to go out of the state of South Carolina and compete, because I know I am qualified, because I went to South Carolina State or because I went to Benedict or because I went to Allen or because I went to the University of South Carolina and I am equally as qualified and as prepared as any other student who came from any other state in the country. And until that happens, you cannot and you must not rest. You must commit yourselves to excellence in education, excellence in technology. The words that I bring you are words from a meager South Carolinian. I grew up not very far from here. As the Governor has already said, I went to Carver Elementary School, and W. A. Perry, then Junior High School, and C. A. Johnson High School. And I had doubts when I left the state of South Carolina, that I would be able to compete. But, I hope that, through your efforts, no youngsters will leave the state of South Carolina and have any doubt about their ability to compete from now on. I hope that you will join me in making a commitment to them, to get them to understand that they have got to study, they have got to work, they have got to be not afraid to pursue an objective, and sometimes fall short, to sometimes fail, but to step back, take a reassessment, go back and attack it until they reach that goal. That's what we're doing right now in the National Aeronautics and Space Administration. We have come up against failure. You know we don't like to say that; we would like to sit back and say it didn't happen. But it did. We have had a failure, a momentary setback, but we are reassessing and we are studying, and we are going to go back in and work very diligently to obtain our goals. If you would promise me that you will make the same commitment, then I can promise you that I will continue to work and continue to represent you and the state of South Carolina the best way I know how, and that when I go to the space station in 1994, I can take the Order of the Palmetto and hang it in my ward room there. And that, if and when, I get an opportunity to fly an interplanetary mission on the way to Mars, I can take something of the state of South Carolina along with me. If you will make that promise to me, then I will make the same promise to you. I do ask you to join me, and I thank you very much for your attention, for your hospitality as we've been here and we continue to stay here in Columbia. Thank you very much, I have really been warmed by being welcomed. Thank you."
Senator Patterson presented Astronaut Bolden with the original Concurrent Resolution.
Upon the conclusion of his address Astronaut Charles F. Bolden, Jr., and his escort party retired from the Chamber.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 1211 -- Senator McLeod: A CONCURRENT RESOLUTION TO FIX 12:00 NOON, WEDNESDAY, APRIL 23, 1986, AS THE TIME FOR A SESSION OF THE JOINT ASSEMBLY TO ELECT MEMBERS TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION IN THE FIRST, THIRD, AND FIFTH CONGRESSIONAL DISTRICTS TO SUCCEED THE PRESENT MEMBERS WHOSE TERMS EXPIRE IN 1986.
The President announced that nominations were in order for members from the 1st, 3rd and 5th Congressional Districts.
Senator McLEOD nominated Mrs. Elise Davis-McFarland, 1st Congressional District, Mr. T. Ree McCoy, Jr., 3rd Congressional District, and Mr. Billy F. Pigg, 5th Congressional District.
On motion of Senator McLEOD nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon the President announced that Mrs. Elise Davis-McFarland, Mr. T. Ree McCoy, Jr., and Mr. Billy F. Pigg were duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:25 P.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 39.
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.
Debate was resumed on Amendment No. 39, which was introduced on Tuesday, April 22, 1986 by Reps. PEARCE and LEWIS.
Rep. PEARCE moved to table the amendment which was agreed to.
Reps. L. MARTIN and LEWIS proposed the following Amendment No. 40, which was adopted.
Amend as and if amended.
Add another Section appropriately numbered to read:
"There must not be a requirement that the issuing agents post a bond."
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 43, which was adopted.
Amend as and if amended.
By amending the Anderson, et al, Amendment No. 27, by adding an appropriately numbered section to read:
All applicable hunting licenses and permits issued pursuant to this act 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. McABEE explained the amendment.
The amendment was then adopted.
Rep. OGBURN moved that the House recede until 2:30 P.M. which was rejected.
Rep. PEARCE proposed the following Amendment No. 44 (Doc. No. 4012R), which was adopted.
Amend the bill, as and if amended, PART I, Section 11, page 7, by striking on line 29 /eleven/ and inserting /sixteen/.
Amend the section further, line 30, by striking /fifty cents/ and inserting /fifty cents one dollar/.
Amend totals and title to conform.
Rep. PEARCE explained the amendment.
Rep. FABER moved that the House do now adjourn.
Rep. KEYSERLING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bradley, J. Burriss, M.D. Carnell Faber Hearn Simpson Townsend Tucker Washington White
Those who voted in the negative are:
Schwartz Alexander Altman Bailey, G. Bennett Blackwell Blanding Boan Brown, H. Brown, R. Chamblee Cooper Dangerfield Day Ferguson Foster Foxworth Freeman Gentry Gregory Harris, J. Harvin Hawkins Hayes Helmly Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Lake Martin, D. Martin, L. McAbee McEachin McKay McLellan Nettles Ogburn Pearce Petty Rice Russell Sharpe Sheheen Shelton Taylor Thrailkill
So, the House refused to adjourn.
Rep. PEARCE continued speaking.
The amendment was then adopted.
Rep. TOWNSEND proposed the following Amendment No. 45 (Doc. No. 3997R), which was adopted.
Amend the bill, as and if amended, PART I, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 50-11-60 of the 1976 Code is amended to read:
"Section 50-11-60. Where wildlife is destroying property in Game Zone No. 2 the Wildlife and Marine Resources Department, upon the request of the property owner, may issue a permit authorizing the property owner, under the supervision of the Wildlife and Marine Resources Department, to take whatever action is necessary to remove the destructive wildlife from his property in Game Zone No. 2."/
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Reps. HARVIN and OGBURN proposed the following Amendment No. 46, which was tabled.
Amend as and if amended.
By adding new Section to read:
Dog hunting shall receive equal time on Game Management Areas.
Rep. OGBURN explained the amendment.
Rep. PEARCE spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 38 to 28.
Debate was resumed on Amendment No. 6, which was introduced on Wednesday, April 16, 1986 by Rep. McABEE.
Rep. McABEE moved to table the amendment which was agreed to.
Debate was resumed on Amendment No. 21, which was introduced on Thursday, April 17, 1986 by Rep. J. ANDERSON.
Rep. McABEE moved to table the amendment which was agreed to.
Debate was resumed on Amendment No. 24, which was introduced on Tuesday, April 22, 1986, by Reps. KIRSH and McABEE.
Rep. KIRSH moved to table the amendment which was agreed to.
Reps. KOON, OGBURN, and BARFIELD proposed the following Amendment No. 29 (Doc. No. 3969R), 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 on line 29 by striking /thirty-two/ and inserting /thirty-three and one-half/ 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. PEARCE moved to table the amendment which was agreed to.
Reps. KOON, OGBURN and BARFIELD proposed the following Amendment No. 30 (Doc. No. 3973R), 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 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 /two dollars/ 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. PEARCE moved to table the amendment which was agreed to.
Reps. KOON, OGBURN and BARFIELD proposed the following Amendment No. 32 (Doc No. 3977R), 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 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 ten/.
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. PEARCE moved to table the amendment which was agreed to.
Reps. KOON, OGBURN and BARFIELD proposed the following Amendment No. 35 (Doc. No. 3974R), 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 on line 29 by striking /thirty-two/ and inserting /thirty-three/ and on line 32 by striking /eighteen/ and inserting /nineteen/.
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. PEARCE moved to table the amendment which was agreed to.
Reps. KOON, OGBURN, and BARFIELD proposed the following Amendment No. 36 (Doc. No. 3976R), 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 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-two/.
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. PEARCE moved to table the amendment which was agreed to.
Reps. KOON, OGBURN and BARFIELD proposed the following Amendment No. 37 (Doc. No. 3978R), 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 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-three/.
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. PEARCE moved to table the amendment which was agreed to.
Rep. KOON proposed the following Amendment No. 41 (Doc. No. 3990R), which was tabled.
Amend the bill, as and if amended, page 9, by striking lines 33 through 37 and inserting:
/"Section 50-9-860. No child under fourteen seventeen years of age shall be is required to procure a hunting or fishing license or any other permit or license required for hunting or fishing."/
Amend title to conform.
Rep. PEARCE explained the amendment and moved to table the amendment which was agreed to.
Rep. KOON proposed the following Amendment No. 42 (Doc. No. 3989R), which was adopted.
Amend the bill, as and if amended, page 9, by striking lines 33 through 37 and inserting:
/"Section 50-9-860. No child under fourteen sixteen years of age shall be is required to procure a hunting or fishing license or any other permit or license required for hunting or fishing."/
Amend title to conform.
Rep. PEARCE explained the amendment.
The amendment was then adopted.
Rep. WALDROP proposed the following Amendment No. 47 (Doc. No. 4000R).
Amend the bill, as and if amended, PART I, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 50-9-235. No license is required of a resident landowner to hunt on his own land.
Renumber sections to conform.
Amend title to conform.
Rep. WALDROP explained the amendment.
Rep. WALDROP asked unanimous consent to amend the amendment at the desk, which was agreed to.
Rep. PEARCE spoke against the amendment.
Rep. WALDROP spoke in favor of the amendment.
Rep. COOPER moved that the House recede until 2:30 P.M. which was adopted by a division vote of 38 to 31.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 47, Rep. WALDROP having the floor.
At 2:30 P.M. the House resumed, the Acting SPEAKER SHEHEEN in the Chair.
The question of a quorum was raised.
A quorum was later present.
The Acting SPEAKER SHEHEEN granted Rep. SHORT a leave of absence for the remainder of the day and tomorrow.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 47, Rep. WALDROP having the floor.
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.
Debate was resumed on Amendment No. 47, by Rep. WALDROP.
Rep. WALDROP continued speaking.
Rep. GORDON moved to continue the Bill.
Rep. PEARCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Blackwell Brown, J. Burriss, M.D. Carnell Faber Gordon Jones Kirsh Klapman Nettles Ogburn Sharpe Simpson Waldrop
Those who voted in the negative are:
Alexander Altman Anderson, J. Bailey, K. Beasley Bennett Blanding Bradley, P. Brown, G. Brown, H. Burriss, J.H. Chamblee Cooper Cork Dangerfield Davenport Derrick Edwards Evatt Fair Foxworth Gilbert Gregory Hawkins Hayes Helmly Hendricks, B. Holt Huff Johnson, J.C. Kay Keyserling Lake Lockemy Martin, L. Mattos McLellan McTeer Neilson Pearce Petty Phillips, L. Rhoad Rice Rogers, T. Russell Sheheen Snow Thrailkill Townsend Tucker White
So, the House refused to continue the Bill.
Rep. WALDROP continued speaking.
Rep. OGBURN spoke in favor of the amendment.
Rep. PEARCE moved to table the amendment.
Rep. KOON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Boan Brown, H. Brown, R. Cork Foxworth Freeman Gregory Hayes Helmly Johnson, J.C. Johnson, J.W. Keyserling McTeer Pearce Rice Sheheen Snow Tucker
Those who voted in the negative are:
Alexander Aydlette Bailey, G. Blackwell Blanding Bradley, P. Brown, J. Burriss, J.H. Burriss, M.D. Carnell Chamblee Cooper Davenport Derrick Edwards Elliott Faber Fair Ferguson Foster Gentry Gilbert Harris, P. Hawkins Hearn Hendricks, B. Holt Huff Kirsh Koon Lake Lockemy Martin, L. Mattos McEachin McKay Moss Neilson Nettles Ogburn Petty Phillips, L. Phillips, O. Rhoad Russell Sharpe Shelton Simpson Thrailkill Townsend Waldrop Wilkins Winstead Woodruff
So, the House refused to table the amendment.
Reps. SHEHEEN and GREGORY spoke against the amendment.
Reps. TOWNSEND and STODDARD spoke in favor of the amendment.
Reps. SCHWARTZ AND R. BROWN spoke against the amendment.
Rep. SHEHEEN moved to table the amendment.
Rep. L. MARTIN raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. SHEHEEN spoke against the amendment.
Reps. OGBURN and STODDARD spoke in favor of the amendment.
Rep. R. BROWN spoke against the amendment.
Rep. SHEHEEN moved immediate cloture on the entire matter.
Rep. KIRSH moved that the House do now adjourn.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Blackwell Blanding Brown, J. Burriss, M.D. Carnell Elliott Faber Gordon Hearn Helmly Kirsh Mangum Mattos Phillips, L. Shelton Simpson Waldrop Wilkins
Those who voted in the negative are:
Alexander Altman Anderson, J. Anderson, S. Bailey, G. Beasley Bennett Boan Bradley, P. Brown, G. Brown, R. Burriss, J.H. Chamblee Cleveland Cooper Cork Dangerfield Davenport Derrick Edwards Foster Foxworth Freeman Gentry Gilbert Gregory Harvin Hawkins Hayes Hendricks, B. Huff Johnson, J.W. Kay Keyserling Klapman Koon Lake Lockemy Martin, D. Martin, L. McAbee McBride McEachin McKay McLellan McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, O. Rice Rogers, T. Russell Sheheen Snow Stoddard Thrailkill Townsend Tucker Washington Woodruff
So, the House refused to adjourn.
The question then recurred to the motion to invoke immediate cloture on the entire matter.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Anderson, J. Aydlette Bailey, G. Bennett Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Cleveland Cork Dangerfield Davenport Edwards Elliott Evatt Fair Ferguson Foster Freeman Gentry Gilbert Gregory Harvin Hawkins Hayes Helmly Hendricks, B. Huff Johnson, J.W. Keyserling Lake Lockemy Martin, D. Mattos McEachin McKay McLellan McLeod McTeer Mitchell Neilson Pearce Petty Phillips, L. Rhoad Rice Rogers, T. Russell Sheheen Shelton Snow Thrailkill White Wilkins Woodruff
Those who voted in the negative are:
Anderson, S. Barfield Blackwell Bradley, P. Burriss, J.H. Burriss, M.D. Carnell Chamblee Cooper Derrick Faber Gordon Hearn Johnson, J.C. Jones Kirsh Koon Marchant Martin, L. Moss Nettles Ogburn Phillips, O. Sharpe Simpson Stoddard Townsend Tucker Waldrop Winstead
So, immediate cloture was ordered.
Rep. L. MARTIN spoke in favor of the amendment.
Rep. PEARCE moved to table the amendment.
Rep. WALDROP demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Altman Anderson, J. Bailey, G. Bailey, K. Bennett Blanding Boan Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cork Dangerfield Derrick Edwards Evatt Ferguson Foxworth Freeman Gentry Gregory Harris, P. Harvin Hawkins Hayes Helmly Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Lockemy Martin, D. Mattos McEachin McKay McLellan McLeod McTeer Mitchell Neilson Nettles Pearce Rhoad Rice Rogers, T. Sheheen Snow Taylor Tucker Washington White Wilkins Woodruff
Those who voted in the negative are:
Anderson, S. Aydlette Barfield Blackwell Bradley, P. Brown, J. Carnell Chamblee Cleveland Cooper Davenport Elliott Faber Fair Gordon Hearn Hendricks, B. Jones Kirsh Klapman Koon Lake Martin, L. McAbee McBride Moss Ogburn Petty Phillips, L. Phillips, O. Russell Sharpe Shelton Simpson Stoddard Thrailkill Townsend Waldrop Winstead
So, the amendment was tabled.
Rep. GORDON moved to table the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Blackwell Boan Brown, J. Burriss, J.H. Burriss, M.D. Carnell Chamblee Elliott Faber Gordon Jones Kirsh Lake Marchant McBride McLeod Moss Nettles Ogburn Simpson Taylor Thrailkill Waldrop
Those who voted in the negative are:
Alexander Altman Anderson, J. Aydlette Bailey, G. Bailey, K. Bennett Blanding Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, T.M. Cleveland Cooper Cork Dangerfield Davenport Derrick Evatt Fair Ferguson Freeman Gentry Gregory Harris, P. Harvin Hawkins Hayes Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Koon Lockemy Martin, D. Martin, L. Mattos McEachin McKay McLellan McTeer Mitchell Neilson Pearce Petty Phillips, L. Rhoad Rice Rogers, T. Russell Sharpe Sheheen Shelton Snow Stoddard Townsend Tucker Wilkins Woodruff
So, the House refused to table the Bill.
Rep. M.D. BURRISS moved to pass over Amendment No. 48.
Rep. AYDLETTE objected.
Rep. M.D. BURRISS proposed the following Amendment No. 48 (Doc. No. 4029R).
Amend the bill, as and if amended, by striking Section 1 of Part I in its entirety.
Amend the bill further, as and if amended, by striking Section 2 of Part I in its entirety.
Amend the bill further, as and if amended, by striking Section 3 of Part I in its entirety.
Amend the bill further, as and if amended, by striking subsection (1) of Section 50-9-135 of the 1976 Code, as contained in Section 5 of Part I, in its entirety.
Amend the bill further, as and if amended, by striking Section 7 of Part I in its entirety.
Amend the bill further, as and if amended, by striking Section 8 of Part I in its entirety.
Amend the bill further, as and if amended, by striking Section 9 of Part I in its entirety.
Amend the bill further, as and if amended, by striking Section 12 of Part I in its entirety.
Renumber remaining subsections and sections to conform.
Amend title to conform.
Rep. M.D. BURRISS moved to adjourn debate upon the amendment which was adopted.
Reps. J.H. BURRISS and KOON proposed the following Amendment No. 49 (Doc. No. 3987R), which was adopted.
Amend the bill further, as and if amended, by striking Section 2 of Part I in its entirety.
Amend the bill further, as and if amended, by striking Section 3 of Part I in its entirety.
Amend the bill further, as and if amended, by striking subsection (1) of Section 50-9-135 of the 1976 Code, as contained in Section 5 of Part I, in its entirety.
Amend the bill further, as and if amended, by striking Section 7 of Part I in its entirety.
Amend the bill further, as and if amended, by striking Section 8 of Part I in its entirety.
Amend the bill further, as and if amended, by striking Section 9 of Part I in its entirety.
Amend the bill further, as and if amended, by striking Section 12 of Part I in its entirety.
Amend the bill further, as and if amended, by striking Section 13 of Part I in its entirety.
Renumber remaining subsections and sections to conform.
Amend title to conform.
Rep. SHEHEEN inquired whether a previous amendment had struck Section 1 of the Bill.
The SPEAKER Pro Tempore replied in the affirmative.
Rep. SHEHEEN asked unanimous consent to amend the amendment at the desk, which was agreed to.
Rep. J.H. BURRISS explained the amendment.
Rep. PEARCE spoke against the amendment.
Rep. GORDON spoke in favor of the amendment.
Rep. PEARCE moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anderson, J. Bennett Brown, H. Cooper Cork Dangerfield Edwards Foster Foxworth Freeman Hawkins Hayes Helmly Johnson, J.C. Johnson, J.W. Kay Keyserling Lockemy McTeer Neilson Pearce Phillips, L. Rhoad Rice Rogers, T. Sheheen Shelton Snow Stoddard Taylor
Those who voted in the negative are:
Anderson, S. Aydlette Bailey, G. Barfield Beasley Blackwell Blanding Boan Bradley, P. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Davenport Derrick Elliott Faber Fair Gentry Gordon Gregory Harris, P. Harvin Hearn Hendricks, B. Holt Huff Jones Kirsh Klapman Koon Lake Martin, D. Martin, L. McAbee McBride McEachin McKay McLeod Mitchell Moss Nettles Petty Phillips, O. Russell Sharpe Simpson Thrailkill Townsend Tucker Waldrop Washington White Winstead Woodruff
So, the House refused to table the amendment.
Rep. McTEER moved to divide the question.
Rep. GORDON raised the Point of Order that Rep. McTEER was not asking a question of the Chair, but making a statement.
The SPEAKER Pro Tempore stated that Rep. McTEER had made a motion.
Rep. GORDON moved to table the motion to divide the question which was agreed to by a division vote of 45 to 38.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. M.D. BURRISS proposed the following Amendment No. 50 (Doc. No. 4030R), which was tabled.
Amend the bill, as and if amended, by striking /thirty/ on line 8 of page 10 as contained in Section 1 of Part II and inserting /fifty/; and by striking /seventy-five/ on line 10 of page 10 and inserting /one hundred fifty/.
Amend title to conform.
Rep. M.D. BURRISS explained the amendment.
The SPEAKER Pro Tempore granted Rep. KIRSH a leave of absence for the remainder of the day.
Rep. J.C. JOHNSON spoke against the amendment.
Rep. McTEER moved to table the amendment which was agreed to by a division vote of 44 to 13.
Rep. RICE moved that the House do now adjourn which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
On motion of Rep. BENNETT, with unanimous consent, the following Joint Resolution was introduced, read the first time, and was ordered placed on the calendar without reference.
H. 3846 -- Reps. Bennett, K. Bailey and Mitchell: A JOINT RESOLUTION TO PROVIDE THAT THE FILING PERIOD FOR THOSE WISHING TO OFFER IN A PRIMARY ELECTION FOR THE OFFICE OF COUNTY COUNCIL, WHERE THE REDISTRICTING PLAN FOR SUCH OFFICES WAS NOT PRECLEARED PURSUANT TO THE VOTING RIGHTS ACT UNTIL AFTER THE FILING PERIOD FOR THESE OFFICES HAD CLOSED, MUST OPEN AT NOON ON MONDAY, MAY 12, 1986, AND CLOSE AT 5:00 P.M. ON FRIDAY, MAY 23, 1986, FOR THESE OFFICES ONLY.
Without reference.
On motion of Rep. BENNETT, with unanimous consent, it was ordered that H. 3846 be read the second and third times the next two successive legislative days.
The Senate returned to the House with concurrence the following:
H. 3844 -- Charleston County Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF WILLARD A. SILCOX OF CHARLESTON UPON HIS DEATH.
At 4:40 P.M. the House in accordance with the motion of Rep. RICE adjourned to meet at 10:00 A.M. tomorrow.
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