Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Rev. Franklin Smith, Pastor of First Baptist Church in Clearwater, S.C. as follows:
Our Father, we come to You this day with praise and adoration, thanking You for the privilege of life. Thank you, Lord, for this wonderful day. Lord, it's a precious gift, and we thank You that You've given it to us. A great part of our life this day is to always look up to You and seek divine guidance. We thank You, Heavenly Father, for men and women who are called to serve in the way in which these have this day. I pray that, truly, You would give divine wisdom as they conduct the business of this great state. We would remember, too, our great Commander-in-Chief, President Reagan, this day. No man can have the wisdom that he needs to lead this great nation. So we pray that You would fill him with the wisdom upon high, that You would lead him as he leads this great nation, that we would be the nation You have called us to be. And as we rejoice in this day and the beauty of it; we, too, give You thanks that we have forgiveness this day, God of love, and of grace, and of mercy. So Father, we just come and ask You let us be your servants this day, in all that we say and do, and in the manner of life that we lead, may it be pleasing to Thee. In the name of our Lord, we do pray. 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. JONES.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following were received.
April 22, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 723)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on April 22, 1986 regulations concerning the procedures for the granting of a shellfish culture-mariculture permits, qualifications of permit applicants, and permit conditions from the South Carolina Wildlife and Marine Resources Department.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Ramon Schwartz, Jr.
April 22, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 725)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on April 22, 1986 regulations concerning the rules and regulations to all public fishing lakes owned or managed by the S.C. Wildlife and Marine Resources Department from the South Carolina Wildlife and Marine Resources Department.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Ramon Schwartz, Jr.
April 22, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 727)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on April 22, 1986 regulations concerning issuance of warning tickets in lieu of a summons ticket by Conservation officers from the South Carolina Wildlife and Marine Resources Department.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Ramon Schwartz, Jr.
April 22, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 728)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on April 22, 1986 regulations concerning the authorization of the enlargement of the currently existing "NO WAKE" zone that begins at the confluence of Scott Creek and Big Bay Creek from the South Carolina Wildlife and Marine Resources Department.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
The following was received.
Columbia, S.C., April 23, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Lindsay, Courson and Powell of the Committee of Free Conference on the part of the Senate on H. 2384:
H. 2384 -- Rep. Archibald: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-51-111 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR APPLICANTS FOR INSURANCE AGENTS' LICENSES AND TO MAKE EXCEPTIONS.
Very respectfully,
President
No. 46
Received as information.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3600 -- Reps. Davenport, Limehouse, Gordon, P. Bradley, Klapman, Aydlette, Simpson, Fair, McLeod, Shelton, Barfield, Thrailkill, McBride, Petty, Taylor, R. Brown, Gilbert, G. Brown, Winstead, Pearce, T.M. Burriss, Cleveland, H. Brown, Rigdon and Woodruff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-91 SO AS TO REQUIRE THE GOVERNING BODY OF EACH SCHOOL DISTRICT TO PROVIDE A MINIMUM OF FIFTEEN MINUTES AT EACH PUBLIC MEETING OF THE GOVERNING BODY, DURING WHICH RESIDENTS OF THE DISTRICT MAY ADDRESS THE GOVERNING BODY WITHOUT PRIOR NOTICE OR REQUEST.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 961 -- Senator Shealy: A BILL TO AMEND ACT 512 OF 1984, AS AMENDED, (THE EDUCATION IMPROVEMENT ACT OF 1984), SO AS TO DELAY BY TWO YEARS, UNTIL 1988-89, THE REQUIREMENT FOR A PUPIL-TEACHER RATIO OF TWENTY-FIVE TO ONE OR LESS IN LANGUAGE ARTS AND MATHEMATICS CLASSES IN GRADES SEVEN THROUGH TWELVE IN SCHOOL DISTRICTS WITH A STUDENT POPULATION IN EXCESS OF NINE THOUSAND.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1109 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 IN CHAPTER 23 OF TITLE 58, SO AS TO ENACT THE PUBLIC TRANSPORTATION PASSENGER RIGHTS ACT AND PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1151 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 684, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3588 -- Reps. Dangerfield, Aydlette, Winstead, J. Bradley, Carnell, Holt, Rawl, Washington, Foxworth, Stoddard, Simpson, Hearn, Toal, D. Martin, M.D. Burriss, Hawkins, P. Harris, W. Arthur, Barfield and Snow: A BILL TO AMEND SECTION 57-5-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT RECORDS OF HIGHWAY RIGHTS-OF-WAY FOR EACH ROAD IN A COUNTY BE MAINTAINED IN THE OFFICE OF THE CLERK OF COURT OF THAT COUNTY, SO AS TO PROVIDE THAT THESE RECORDS MUST NOW BE MAINTAINED IN THE OFFICE OF THE TAX ASSESSOR FOR THAT COUNTY.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 747 -- Senators Saleeby, Holland, Land, Martin and McLeod: A BILL TO ENACT THE MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED PROPERTY ACT, TO PROVIDE PENALTIES, INCLUDING FORFEITURE, FOR VIOLATIONS, AND TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE OFFENSES ESTABLISHED IN THIS ACT.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 1222 -- Transportation Committee: A CONCURRENT RESOLUTION TO REQUEST THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT DIRECTIONAL SIGNS RELATING TO THE LOCATION OF TECHNICAL EDUCATION CENTERS IN THIS STATE.
Ordered for consideration tomorrow.
The following was introduced:
H. 3847 -- Reps. Koon, Sharpe, Sturkie, Jones, J. Brown, Elliott, Thrailkill, Lake, G. Bailey, O. Phillips, Shelton, Gilbert, McLeod and Alexander: A CONCURRENT RESOLUTION TO REQUEST THE FARM CREDIT ADMINISTRATION TO RESTRUCTURE AGRICULTURAL LOANS UNDER CERTAIN CONDITIONS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3848 -- Rep. J.H. Burriss: A HOUSE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AT THE DEATH OF DR. DAVID D. HUSBAND OF CHAPIN AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 3851 -- Rep. Edwards: A CONCURRENT RESOLUTION COMMENDING MRS. FRANCES (FRANKIE) ALTMAN OF SPARTANBURG COUNTY FOR THE MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE SHE HAS RENDERED TO THE SPARTANBURG SCHOOL SYSTEM AND WISHING HER MUCH SUCCESS AND HAPPINESS IN HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3849 -- Rep. J. Harris: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF ROAD S-133, IN THE TOWN OF CHESTERFIELD IN CHESTERFIELD COUNTY.
Without reference.
H. 3850 -- Rep. Gregory: A BILL TO AMEND SECTION 8-11-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMPLOYEE PAYROLL DEDUCTIONS FOR INSURANCE, SO AS TO PROVIDE PAYROLL DEDUCTIONS FOR PROPERTY AND CASUALTY INSURANCE PLANS PRESENTLY IN FORCE.
Referred to Committee on Labor, Commerce and Industry.
S. 739 -- Senator Waddell: A BILL TO DESIGNATE THE BRIDGE CONNECTING COOSAW ISLAND TO THE MAINLAND IN BEAUFORT COUNTY THE "L. G. BARNWELL BRIDGE".
Referred to Beaufort Delegation.
S. 893 -- Senator Long: A BILL TO AMEND SECTION 52-15-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY LICENSES FOR COIN-OPERATED AMUSEMENT DEVICES AND BILLIARD AND POCKET BILLIARD TABLES AT RECOGNIZED COUNTY OR STATE FAIRS SO AS TO PROVIDE FOR THE ISSUANCE OF A SEASONAL LICENSE FOR THESE DEVICES WHICH MAY BE ISSUED TO THOSE PERSONS OPERATING A SEASONAL BUSINESS LOCATION, TO PROVIDE THAT THE TERM "SEASONAL BUSINESS LOCATION" INCLUDES RECOGNIZED COUNTY AND STATE FAIRS, AND TO PROVIDE FOR THE MANNER IN WHICH THE LICENSE FEE IS COMPUTED.
Referred to Committee on Ways and Means.
S. 1180 -- Senator Long: A JOINT RESOLUTION TO PROVIDE THAT PROPOSED REGULATIONS OF THE SOUTH CAROLINA DEPARTMENT OF LABOR, RELATING TO THE AMUSEMENT RIDE SAFETY CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 638, AND RELATING TO ELEVATOR SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 657, MAY NOT BECOME EFFECTIVE UNTIL JANUARY 1, 1987.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. 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 Cleveland Cooper Cork Davenport Day Derrick Elliott Evatt Faber Fair Foster Foxworth Gilbert Gordon Harris, J. Harris, P. Hawkins Hayes Helmly Hendricks, B. Hendricks, L. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Kohn Koon Lake Mangum Marchant Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Sharpe Shelton Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on April 24, 1986.
Clyde Dangerfield Robert Sheheen Tee Ferguson Harriet Keyserling James M. Arthur Dave C. Waldrop Denny W. Neilson Joyce C. Hearn Rick Rigdon Mickey Burriss James E. Lockemy Sterling Anderson Palmer Freeman John Felder T.W. Edwards Larry E. Gentry Charles Griffin III
LEAVE OF ABSENCE
The SPEAKER granted Rep. MARCHANT a temporary leave of absence.
Rep. McBRIDE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 17, 1986.
Reps. GENTRY and HUFF signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, April 23, 1986.
Rep. P. HARRIS moved to reconsider the vote whereby Amendment No. 49 to H. 3671 was adopted and the motion was noted.
Announcement was made that L.A. Heavrin of Spartanburg, is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 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. 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.
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.
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.
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.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. SHEHEEN having the floor.
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. SHEHEEN continued speaking.
The Bill was read the second time and ordered to third reading.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3287 be read the third time tomorrow.
Rep. McABEE moved to adjourn debate upon the following Bill until Tuesday, April 29, 1986 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.
Rep. MANGUM moved to adjourn debate upon the following Bill until Tuesday, April 29, 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 Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
H. 3660 -- Rep. J. Anderson: A BILL TO AMEND SECTION 23-31-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE ISSUANCE OF PERMITS TO CARRY A PISTOL, SO AS TO REQUIRE THE APPLICANT FOR A PERMIT TO SUBMIT A SET OF FINGERPRINTS TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION.
H. 3661 -- Rep. J. Anderson: A BILL TO AMEND SECTION 23-31-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PERSONS TO SELL PISTOLS AT RETAIL AS DEALERS, SO AS TO REQUIRE AS A PREREQUISITE FOR ISSUANCE OF A LICENSE THAT THE APPLICANT HAVE A CURRENT FEDERAL FIREARMS LICENSE AND MAINTAIN THE FEDERAL LICENSE TO CONTINUE TO HOLD HIS STATE DEALER'S LICENSE.
S. 3 -- Senator McConnell: A BILL TO AMEND SECTION 7-13-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTING BALLOTS AND DECLARING RESULTS IN ELECTIONS, SO AS TO PROVIDE THAT AT THE COMPLETION OF THE VOTE COUNTING A DUPLICATE OF THE RESULTS MUST BE POSTED IN A CONSPICUOUS SITE AT THE POLLING PLACE EXCEPT IN COUNTIES USING VOTE RECORDERS.
Rep. SHEHEEN explained the Bill.
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.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that H. 3833 be read the third time tomorrow.
On motion of Rep. J. ANDERSON, with unanimous consent, it was ordered that H. 3660 be read the third time tomorrow.
On motion of Rep. J. ANDERSON, with unanimous consent, it was ordered that H. 3661 be read the third time tomorrow.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that S. 3 be read the third time tomorrow.
The following Bill was taken up.
S. 27 -- Senator Powell: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT OF APPLICATIONS FOR NOTARIES PUBLIC, SO AS TO CHANGE THE ENDORSEMENTS REQUIRED ON THE APPLICATION FROM AT LEAST ONE HALF OF THE MEMBERS OF THE LEGISLATIVE DELEGATION REPRESENTING THE COUNTY IN WHICH THE APPLICANT RESIDES TO INCLUDE THE MEMBER OF THE SENATE REPRESENTING THE SENATE DISTRICT IN WHICH THE APPLICANT RESIDES AND THE MEMBER OF THE HOUSE OF REPRESENTATIVES REPRESENTING THE HOUSE DISTRICT IN WHICH THE APPLICANT RESIDES.
Reps. McABEE, CARNELL and KLAPMAN objected to the Bill.
Rep. SHEHEEN moved to adjourn debate upon the following Bill, which was adopted.
S. 210 -- Senators Bryan, Long, Mitchell and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-80, SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO FILES A WORKERS' COMPENSATION CLAIM OR EXERCISES ANY RIGHT, PRIVILEGE, OR DUTY UNDER THE WORKERS' COMPENSATION LAW AND TO LIMIT THE AMOUNT OF DAMAGES WHICH MAY BE IMPOSED ON THE EMPLOYER.
The following Bill was taken up.
S. 580 -- Senator Wilson: A BILL TO AMEND SECTION 29-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, SO AS TO PROVIDE THAT THE PREVAILING PARTY IN AN ACTION TO ENFORCE THE LIEN MAY RECOVER COSTS AND ATTORNEYS' FEES AND TO AMEND SECTION 29-5-20, RELATING TO MECHANICS' AND OTHER MATERIALMEN'S LIENS, SO AS TO PROVIDE THAT THE PREVAILING PARTY IN AN ACTION TO ENFORCE THE LIEN MAY RECOVER COSTS AND ATTORNEYS' FEES.
House Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3453R), which was adopted.
Amend the bill, as and if amended, in subsection (a) of Section 29-5-10 of the 1976 Code as contained in SECTION 1, page 2, by inserting after /includes/ on line 7 /the preparation of plans, specifications, and design drawings and/ so that subsection (a) when amended shall read:
/"(a) Any person to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of any building or structure upon any real estate or the boring and equipping of wells, by virtue of an agreement with, or by consent of, the owner of the building or structure, or any person having authority from, or rightfully acting for, the owner in procuring or furnishing the labor or materials shall have a lien upon the building or structure and upon the interest of the owner thereof in the lot of land upon which it is situated to secure the payment of the debt due to him. The costs which may arise in enforcing or defending against the lien under this chapter, including a reasonable attorney's fee, may be recovered by the prevailing party. The fee must be determined by the court in which the action is brought but the fee and the court costs may not exceed the amount of the lien. As used in this section, labor performed or furnished in the erection, alteration, or repair of any building or structure upon any real estate includes the preparation of plans, specifications, and design drawings and the work of making the real estate suitable as a site for the building or structure. The work is considered to include, but not be limited to, the grading, bulldozing, leveling, excavating, and filling of land (including the furnishing of fill soil), the grading and paving of curbs and sidewalks and all asphalt paving, the construction of ditches and other drainage facilities, and the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes. Any private security guard services provided by any person at the site of the building or structure during its erection, alteration, or repair is considered to be labor performed or furnished within the meaning of this section. 'Person' as used in this section means any individual, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other entity."/
Amend title to conform.
Rep. SHEHEEN 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. SHEHEEN, with unanimous consent, it was ordered that S. 580 be read the third time tomorrow.
The following Bill was taken up.
S. 971 -- Senators Holland, E. Patterson, Matthews and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-771 SO AS TO PROVIDE A PROCEDURE BY WHICH ELECTORS WHO, BECAUSE OF PHYSICAL HANDICAP OR AGE, MAY VOTE OUTSIDE OF THE POLLING PLACE, AND TO AMEND SECTION 7-15-120, AS AMENDED, RELATING TO THE FORMS REQUIRED FOR ABSENTEE VOTER REGISTRATION, SO AS TO AUTHORIZE A PERSON APPLYING UNDER THE PHYSICALLY DISABLED DUE TO ILLNESS OR INJURY CATEGORY TO BE REGISTERED PERMANENTLY IF HE PRESENTS A WRITTEN STATEMENT OF THE DISABILITY BY HIS DOCTOR TO HIS COUNTY BOARD OF REGISTRATION.
Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3882R), which was adopted, reconsidered and tabled.
Amend the bill, as and if amended, in subsection (B) of Section 7-13-771 of the 1976 Code, as contained in SECTION 1, page 2, by inserting after /observers./ on line 15 /Where the polling place uses machines for the purposes of voting, the poll managers must use the ballots provided under Sections 7-13-1470 or 7-13-1870 for those voters who cannot enter the polling place./ so that when amended subsection (B) shall read:
/(B) When the managers are informed that a handicapped or elderly voter cannot enter the polling place or cannot stand in line to vote, the voter's identification required by Section 7-13-710 must be presented to the managers who must verify that the voter is eligible to vote. Upon verification of the voter's eligibility, two managers shall take the poll list and the voter's ballot to the voter in his vehicle outside the polling place. The managers shall notify any poll watchers present who, at their discretion, may accompany the managers as observers. Where the polling place uses machines for the purposes of voting, the poll managers must use the ballots provided under Sections 7-13-1470 or 7-13-1870 for those voters who cannot enter the polling place./
Amend further by adding a new section to be appropriately numbered to read:
/SECTION ___. Article 5 of Chapter 15 of Title 7 of the 1976 Code is amended by adding:
"Section 7-15-400. (A) A qualified absentee elector as provided in subsection (C) of this section may apply not earlier than ninety days before an election for a special write-in absentee ballot. This ballot must be used for each general and special election and primaries.
(B) The application for a special write-in absentee ballot may be made on the federal post card application form or on a form prescribed by the State Election Commission.
(C) In order to qualify for a special write-in absentee ballot, the voter must state that he is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal post card application or on a form prepared by the State Election Commission and supplied and returned with the special write-in absentee ballot.
(D) Upon receipt of this application, the County Election Commission shall issue the special write-in absentee ballot which must be prescribed and provided by the State Election Commission. The ballot shall list the offices for election in the general election. It may list the candidates for office if known at the time of election. This ballot shall permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office./
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN moved to reconsider the vote whereby Amendment No. 1 was adopted which was agreed to.
Rep. SHEHEEN moved to table the amendment which was agreed to.
Reps. FREEMAN and SHEHEEN proposed the following Amendment No. 2 (Doc. No. 3959R), which was adopted.
Amend the bill, as and if amended, in subsection (B) of Section 7-13-771 of the 1976 Code, as contained in SECTION 1, page 2, by inserting after /observers./ on line 15 /Where the polling place uses machines for the purposes of voting, the poll managers must use the ballots provided under Sections 7-13-1470 or 7-13-1870 for those voters who cannot enter the polling place./ so that when amended subsection (B) shall read:
/(B) When the managers are informed that a handicapped or elderly voter cannot enter the polling place or cannot stand in line to vote, the voter's identification required by Section 7-13-710 must be presented to the managers who must verify that the voter is eligible to vote. Upon verification of the voter's eligibility, two managers shall take the poll list and the voter's ballot to the voter in his vehicle outside the polling place. The managers shall notify any poll watchers present who, at their discretion, may accompany the managers as observers. Where the polling place uses machines for the purposes of voting, the poll managers must use the ballots provided under Sections 7-13-1470 or 7-13-1870 for those voters who cannot enter the polling place./
Amend further by adding a new section to be appropriately numbered to read:
/SECTION ___. Article 5 of Chapter 15 of Title 7 of the 1976 Code is amended by adding:
"Section 7-15-400. (A) A qualified absentee elector as provided in subsection (C) of this section may apply not earlier than ninety days before an election for a special write-in absentee ballot. This ballot must be used for each general and special election and primaries for federal offices, statewide offices, and members of the General Assembly.
(B) The application for a special write-in absentee ballot may be made on the federal post card application form or on a form prescribed by the State Election Commission.
(C) In order to qualify for a special write-in absentee ballot, the voter must state that he is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal post card application or on a form prepared by the State Election Commission and supplied and returned with the special write-in absentee ballot.
(D) Upon receipt of this application, the County Board of Registration shall issue the special write-in absentee ballot which must be prescribed and provided by the State Election Commission. The ballot shall list the offices for election in the general election. It may list the candidates for office if known at the time of election. This ballot shall permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office./
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN 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. SHEHEEN, with unanimous consent, it was ordered that S. 971 be read the third time tomorrow.
Rep. McLELLAN moved to adjourn debate upon the Bill until Tuesday, April 29, which was adopted.
H. 3840 -- Reps. McLellan and Cleveland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-250 SO AS TO MAKE IT ILLEGAL FOR ANYONE TO UTILIZE A WATER VESSEL AS A DWELLING PLACE FOR SEVEN CONSECUTIVE DAYS WITHOUT HAVING THE METHOD OF SEWERAGE DISPOSAL OF THE WATER VESSEL APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE A PENALTY FOR VIOLATION, TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
The following Joint Resolution was taken up.
H. 3526 -- Reps. Townsend, Kay, L. Phillips, Chamblee, Tucker, Kirsh, Cooper and Toal: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO MAKE SCHOOL DISTRICT EMPLOYEES INELIGIBLE FOR SERVICE ON THE BOARD.
Rep. TOWNSEND explained the Joint Resolution.
Reps. K. BAILEY, LOCKEMY, FOSTER, NEILSON and BLANDING objected to the Resolution.
The following Bill was taken up.
H. 3527 -- Reps. Townsend, Kay, L. Phillips, Chamblee, Tucker, Kirsh, Cooper and Toal: A BILL TO AMEND SECTION 59-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO MAKE SCHOOL DISTRICT EMPLOYEES INELIGIBLE FOR SERVICE ON THE BOARD.
Reps. LOCKEMY, K. BAILEY, BLANDING, NEILSON and FOSTER objected to the Bill.
The following Bill was taken up.
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.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. BLACKWELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Labor Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5775k).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 39-57-20 of the 1976 Code is amended to read:
"Section 39-57-20. As used in this chapter "business opportunity" means the sale or lease of any products, equipment, supplies or services which are sold to the purchaser for the purpose of enabling the purchaser to start a business, for which the purchaser pays to the seller a fee which exceeds $500, and in which the seller represents:
(1) That he will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases, or other similar devices, or currency-operated amusement machines or devices, on premises neither owned nor leased by the purchaser or seller; or
(2) That he will purchase any or all products made, produced, fabricated, grown, bred or modified by the purchaser using in whole or in part, the supplies, services, or chattels sold to the purchaser; or
(3) That he guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid for the business opportunity; or that he will refund all or part of the price paid for the business opportunity, or repurchase any of the products, equipment, supplies or chattels supplied by the seller, if the purchaser is unsatisfied with the business opportunity; or
(4) That upon payment by the purchaser of a fee or sum of money which exceeds fifty dollars to the seller, the The seller will provide a sales program or marketing program which will enable the purchaser to derive income from business opportunity which exceeds the price paid for the business opportunity; provided, that this subsection shall not apply to the sale or a marketing program made in conjunction with the licensing of a registered trademark or service mark.
"Business opportunity" does not include the sale of ongoing businesses when the owner of those businesses sells or intends to sell any portion thereof; provided, a business shall not be considered an ongoing business unless it has filed income tax returns with the South Carolina Tax Commission for at least one year; nor does it include the not-for-profit sale of sales demonstration equipment, materials, or samples, for a total price of five hundred dollars or less, nor does it include the sale of assets or substantially all of the assets of an on-going business; nor does it include the sale or lease of any products, equipment, supplies, or services where the seller has a net worth on a consolidated basis, according to its most recent audited financial statement, of not less than ten million dollars."
SECTION 2. This act shall take effect upon approval by the Governor.
Amend title to conform
Rep. L. MARTIN explained the amendment.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. WINSTEAD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. McABEE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following was received.
Columbia, S.C., April 24, 1986
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:15 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
No. 47
On motion of Rep. SIMPSON the invitation was accepted.
Debate was resumed on the following Bill, the pending question being the consideration of amendments, immediate cloture having been ordered.
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.
Reps. TOWNSEND, TUCKER and KIRSH proposed the following Amendment No. 51 (Doc. No. 4038R), which was rejected.
Amend the bill, as and if amended, Part I, by adding the following new section appropriately numbered:
/SECTION ___. The 1976 Code is amended by adding:
"Section 50-9-235. There is created a new combination hunting and fishing license to be called a landowner's license. This license will be issued to the resident landowner of South Carolina who resides on the land and wants to hunt or fish only on that parcel of land on which his legal residence is located. A landowner license will be issued to the landowner upon his proof of paying property taxes on this land for a fee of fifty cents a year payable to the South Carolina Wildlife and Marine Resources Department and will allow the landowner and his immediate family residing in the landowner's home as a place of permanent residence to hunt or fish on such land."
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND asked unanimous consent that the typed copy instead of the handwritten copy of the amendment be considered, which was agreed to.
Rep. TOWNSEND explained the amendment.
Rep. McTEER moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Bailey, K. Bennett Blackwell Boan Brown, R. Burriss, J.H. Burriss, T.M. Derrick Harvin Hayes Keyserling McTeer Mitchell Rice Sheheen
Those who voted in the negative are:
Anderson, J. Arthur, J. Aydlette Barfield Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, M.D. Chamblee Cleveland Cooper Cork Davenport Elliott Evatt Faber Ferguson Foster Foxworth Gordon Harris, P. Hearn Helmly Hendricks, B. Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Koon Lake Martin, L. McBride McEachin McLellan Moss Ogburn Petty Phillips, O. Rigdon Rogers, T. Sharpe Shelton Simpson Stoddard Sturkie Thrailkill Townsend Tucker
So, the House refused to table the amendment.
Rep. SHEHEEN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Barfield Bradley, P. Brown, J. Burriss, M.D. Carnell Chamblee Cleveland Cooper Davenport Day Elliott Faber Ferguson Gordon Harris, P. Hawkins Hearn Hendricks, B. Holt Huff Kirsh Koon Lake Lockemy Martin, L. McAbee McBride Nettles Petty Shelton Simpson Stoddard Sturkie Thrailkill Townsend Tucker Washington White
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Bailey, K. Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, R. Burriss, T.M. Cork Dangerfield Derrick Evatt Foster Foxworth Freeman Gentry Gilbert Harvin Hayes Helmly Johnson, J.C. Johnson, J.W. Keyserling Klapman Martin, D. Mattos McEachin McLellan McTeer Mitchell Moss Neilson Pearce Phillips, O. Rhoad Rice Rigdon Rogers, T. Sharpe Sheheen Snow Taylor Toal Wilkins
So, the amendment was rejected.
Rep. McABEE proposed the following Amendment No. 52 (Doc. No. 3972R), which was adopted, later reconsidered, and tabled.
Amend the bill, as and if amended, by striking /dogs. Now, Therefore,/ on line 40 of page 1 and inserting: /dogs; and
Whereas, one of the principal purposes of increase-ing the hunting and fishing license fees in this act is to provide funds for providing personnel and equipment to ensure effective enforcement of the game laws relating to the hunting of deer. Now, therefore,/
Amend the bill further, by adding the following new sections to PART II to be appropriately numbered to read:
/SECTION __. Item (1) of Section 50-11-310, as last amended by Act 68 of 1985, is further amended to read:
"(1) Antlered deer only may be hunted from August fifteenth September first to January first, inclusive;"
SECTION __. Item (2) of Section 50-11-470 of the 1976 Code, as last amended by Act 485 of 1976, is further amended to read:
"(2) There shall be no The open season for the hunting of antlered deer, except as provided for in Sections 50-11-650 and 50-11-660 is from September first through January first of each year."
SECTION __. Item (2) of Section 50-11-530 of the 1976 Code, as last amended by Act 485 of 1976, is further amended to read:
"(2) There shall be no The open season for the hunting of antlered deer, except as provided for in Section 50-11-650 and 50-11-660 is from September first through January first of each year."
SECTION __. Item (1) of Section 50-11-680, as last amended by Act 68 of 1985, is further further amended to read:
"(1) Antlered deer only may be hunted from September fifteenth first to January first, inclusive."
SECTION __. Item (2) of Section 50-11-850, as last amended by Act 68 of 1985, is further amended to read:
"(2) The open season for the hunting of antlered deer is from September fifteenth first to January first, inclusive; and the open season for hunting antlered deer with bow and arrow is from September first to January first, inclusive;"
SECTION __. Item (2) of Section 50-11-910 as last amended by Act 68 of 1985, is further amended to read:
"(2) For antlered deer, September fifteenth first to January first;"
SECTION __. Item (2) of SECTION 2 of Act 626 of 1976,as last amended by Section 20 of Act 68 of 1985, is further amended to read:
"(2) The open season for the hunting of antlered deer is from September fifteenth to January first, inclusive. The open season for hunting antlered deer with bow and arrow is from September first to January first, inclusive;"
SECTION __. Sections 50-11-650, 50-11-660, 50-11-670, 50-11-740, 50-11-800, and 50-11-990 of the 1976 Code are repealed./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. McTEER proposed the following Amendment No. 53, which was adopted.
Amend as and if amended.
By amending Section 50-9-150 on page A-11 to add at the end of paragraph 1:
Providing further, that the one day permits will be issued from the department headquarters only upon request of a hunter who has been drawn to participate in a wildlife department sponsored hunt.
Amend title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Reps. RHOAD and McTEER proposed the following Amendment No. 2 (Doc. No. 3355R), which was tabled.
Amend the bill, as and if amended, page 3, Section 50-9-130 as contained in SECTION 4, by striking items (1), (2), and (3) and inserting:
/(1) forty-six and one-half two hundred dollars for the privilege of hunting in the State during any one season from July first to June thirtieth, two dollars of which shall may be retained by the issuing agent;
(2) twenty-two one hundred dollars for a ten-day temporary license, two dollars of which shall may be retained by the issuing agent; or
(3) twelve thirty dollars and fifty cents for a three-day temporary license, fifty cents of which shall may be retained by the issuing agent./
Amend the title to conform.
Rep. McTEER explained the amendment.
Rep. PEARCE spoke against the amendment and moved to table the amendment.
Rep. McTEER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 47 to 18.
Debate was resumed on Amendment No. 48, which was introduced on Wednesday, April 23, by Rep. M.D. BURRISS.
Rep. M.D. BURRISS moved to table the amendment which was agreed to.
The motion of Rep. P. HARRIS to reconsider the vote whereby Amendment No. 49 was adopted was taken up.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Bailey, K. Beasley Bennett Boan Bradley, J. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Felder Foster Foxworth Freeman Gentry Gilbert Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Johnson, J.C. Johnson, J.W. Kay Keyserling Lake Limehouse Lockemy Mangum Martin, D. Mattos McAbee McBride McEachin McLellan McTeer Mitchell Moss Neilson Pearce Petty Phillips, O. Rhoad Rice Rogers, T. Sharpe Sheheen Shelton Snow Stoddard Thrailkill Toal Townsend Tucker Wilkins Williams Winstead
Those who voted in the negative are:
Barfield Blackwell Bradley, P. Chamblee Cleveland Faber Kirsh Koon Simpson Taylor Waldrop
So, the motion to reconsider was agreed to.
Rep. J.H. BURRISS spoke in favor of the amendment.
Rep. J.H. BURRISS moved to divide the question.
Rep. PEARCE moved to table the motion to divide the question.
Rep. BARFIELD moved that the House do now adjourn.
Rep. J.C. JOHNSON demanded the yeas and nays, which were not ordered.
The House refused to adjourn by a division vote of 5 to 64.
The SPEAKER granted Rep. J. BRADLEY a leave of absence for the remainder of the day to attend matters at the Circuit Court in Charleston.
The question then recurred to the motion to table the motion to divide the question.
Rep. BARFIELD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Arthur, J. Barfield Beasley Bennett Blanding Brown, H. Brown, R. Cleveland Cooper Cork Dangerfield Edwards Elliott Felder Foster Foxworth Gilbert Harris, P. Harvin Hayes Helmly Huff Johnson, J.W. Kay Keyserling Lake Lockemy Martin, D. Martin, L. McAbee McEachin McLellan McTeer Neilson Nettles Pearce Rhoad Rice Rogers, T. Shelton Snow Stoddard Taylor Thrailkill Tucker White Wilkins Winstead
Those who voted in the negative are:
Blackwell Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Davenport Day Derrick Faber Gentry Hearn Hendricks, L. Holt Johnson, J.C. Kirsh Klapman Koon Limehouse Mangum Marchant Petty Simpson Sturkie Townsend Waldrop Washington
So, the motion to table the motion to divide the question was agreed to.
Rep. PEARCE moved to table the amendment.
Rep. BARFIELD demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 23.
Rep. McTEER moved to reconsider the vote whereby Amendment No. 52 was adopted.
Rep. McABEE spoke against the motion to reconsider.
Rep. ALEXANDER spoke in favor of the motion to reconsider.
Rep. McABEE moved to table the motion to reconsider.
Rep. WASHINGTON demanded the yeas and nays, which were not ordered.
The House refused to table the motion to reconsider by a division vote of 24 to 43.
Rep. McABEE, with unanimous consent, made a short statement.
Rep. McABEE moved to reconsider the vote whereby Amendment No. 43 was adopted and the motion was noted.
The question then recurred to the motion to reconsider the vote whereby Amendment No. 52 was adopted, which was agreed to.
Rep. ALEXANDER moved to table the amendment which was agreed to.
The motion of Rep. McABEE to reconsider the vote whereby Amendment No. 43 was adopted was taken up and agreed to.
Rep. McABEE asked unanimous consent to amend the amendment at the desk by changing the date from "September 15" to "September 1" in Game Zone 2, which was agreed to.
The amendment, as amended, was then adopted.
The question then recurred to the passage of the Bill, as amended.
Rep. SIMPSON spoke against the Bill.
Rep. SIMPSON continued speaking.
Rep. GORDON moved that upon the conclusion of the Ratification of Acts, that the House stand adjourned.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Blackwell Bradley, P. Brown, J. Burriss, M.D. Faber Ferguson Gilbert Gordon Hendricks, B. Hendricks, L. Kay Limehouse Marchant Martin, D. Mattos McBride McKay Nettles Phillips, O. Simpson Waldrop Washington Williams
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Bailey, K. Beasley Bennett Blanding Boan Bradley, J. Brown, H. Burriss, J.H. Burriss, T.M. Chamblee Cleveland Cork Dangerfield Davenport Derrick Edwards Fair Felder Foster Foxworth Freeman Gentry Harvin Hawkins Hayes Hearn Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Koon Lake Lockemy Martin, L. McEachin McTeer Moss Neilson Ogburn Pearce Petty Rhoad Rice Rogers, T. Sharpe Sheheen Shelton Snow Stoddard Sturkie Toal Townsend Tucker White Wilkins Winstead
So, the motion that the House stand adjourned upon the conclusion of the Ratification of Acts was not agreed to.
Rep. WALDROP spoke against the Bill.
The SPEAKER Pro Tempore granted Rep. ALEXANDER a leave of absence for the remainder of the day.
Further proceedings were interrupted by a House Assembly, the pending question being consideration of the Bill, Rep. WALDROP having the floor.
The Reading Clerk of the House read the following House Resolution:
H. 3834 -- Reps. W. Arthur, Beasley, Neilson and Gilbert: A HOUSE RESOLUTION TO INVITE THE MEMBERS OF THE HARTSVILLE HIGH SCHOOL GIRLS' STATE AAAA BASKETBALL CHAMPIONSHIP TEAM AND THEIR COACH, TO APPEAR BEFORE THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 24, 1986, AT TWELVE NOON.
The Hartsville High School Girls' State AAAA Basketball Championship Team and their Coach were escorted to the rostrum by Reps. W. ARTHUR, BEASLEY, GILBERT and NEILSON.
Rep. W. ARTHUR introduced the honored guests and presented them with the original Resolution.
Upon the conclusion, the Hartsville High School Girls' State AAAA Basketball Championship Team and their Coach and their escort party retired from the Chamber.
The House stood at ease until the ratification of Acts.
At 12:15 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R421) S. 341 -- Senators Lourie, Land and J. Verne Smith: AN ACT TO AMEND SECTION 42-9-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION AND VOLUNTARY SETTLEMENTS, SO AS TO PROVIDE THAT A COPY OF THE SETTLEMENT AGREEMENT MUST BE FILED WITH AND APPROVED BY ONLY ONE MEMBER OF THE INDUSTRIAL COMMISSION UNDER CERTAIN CONDITIONS AND BY FOUR MEMBERS OF THE INDUSTRIAL COMMISSION UNDER CERTAIN OTHER CONDITIONS.
(R422) S. 407 -- Senators Lourie, Land and J. Verne Smith: AN ACT TO AMEND SECTION 42-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, AMOUNT OF WEEKLY COMPENSATION FOR TOTAL DISABILITY UNDER WORKERS' COMPENSATION AND WHAT CONSTITUTES TOTAL AND PERMANENT DISABILITY, SO AS TO CHANGE THE AMOUNT OF THE MINIMUM WEEKLY PAYMENT AND TO PROVIDE FOR THE METHOD OF COMPUTING IT.
(R423) S. 1077 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO PROVIDE FOR THE CLOSURE OF CALIBOGUE, PORT ROYAL, BULL BAY, AND ST. HELENA SOUNDS TO TRAWLING FOR THE YEARS 1986 AND 1987 AND TO PROVIDE FOR REVIEW OF THE CLOSURE BY THE GENERAL ASSEMBLY DURING THE 1988 SESSION OF THE GENERAL ASSEMBLY.
(R424) S. 1130 -- Senators Waddell and McLeod: AN ACT TO CREATE THE BEAUFORT TECHNICAL COLLEGE AREA COMMISSION TO SERVE AS THE GOVERNING BODY OF THE BEAUFORT TECHNICAL COLLEGE, TO PRESCRIBE ITS POWERS AND DUTIES, AND TO PROVIDE FOR ITS FINANCIAL SUPPORT.
(R425) S. 1193 -- Senator Waddell: A JOINT RESOLUTION TO REQUIRE THAT THE VALUE OF AGRICULTURAL REAL PROPERTY FOR TAXABLE YEARS 1986 AND 1987 BE DETERMINED BY USING SOUTH CAROLINA TAX COMMISSION GUIDELINES USED IN 1985 FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL USE AND TO REQUIRE THE TAX STUDY COMMISSION TO CONDUCT A REVIEW OF ALL AGRICULTURAL LAND USE AND VALUATION REGULATIONS AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 31, 1988.
(R426) S. 1107 -- Senators Thomas E. Smith, Jr. and Lourie: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4095 SO AS TO PROVIDE FOR PERMITS FOR TRANSPORTING NO MORE THAN TWO MODULAR HOUSING UNITS OR SECTIONAL HOUSING UNITS IF THE TOTAL LENGTH IS NOT MORE THAN THE LENGTH PRESENTLY AUTHORIZED BY LAW AND REGULATION FOR THE TRANSPORTING OF MOBILE HOMES.
(R427) H. 3343 -- Reps. Barfield, Day, Beasley, Lockemy, Rigdon, G. Bailey, Elliott, Koon, Thrailkill, Gilbert, H. Brown, Helmly, Williams, Sharpe, Harvin, Davenport, Chamblee, J. Rogers, Waldrop, Shelton, Moss and Neilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 27 OF TITLE 5 SO AS TO PERMIT AND REGULATE THE SOLICITATION OF FUNDS FROM MOTORISTS BY RESQUE SQUADS, VOLUNTEER FIRE DEPARTMENTS, OR CHARITABLE OR ELEEMOSYNARY ORGANIZATIONS IN MUNICIPALITIES; AND TO REPEAL ACT 167 OF 1985 RELATING TO THE SAME SUBJECT.
(R428) H. 3363 -- Reps. S. Anderson, Day, Davenport, Snow, McBride, Williams and Shelton: AN ACT TO AMEND SECTION 59-69-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CERTAIN PUBLIC OFFICIALS CONTRACTING WITH SCHOOL DISTRICTS OR ACQUIRING A PECUNIARY INTEREST IN SCHOOL DISTRICT MATTERS, SO AS TO DELETE PROVISIONS PROHIBITING A SCHOOL TRUSTEE FROM CONTRACTING WITH OR BEING PECUNIARILY INTERESTED IN ANY CONTRACT WITH THE SCHOOL DISTRICT OF WHICH HE IS TRUSTEE AND TO AUTHORIZE A COUNTY BOARD OF EDUCATION MEMBER, A SCHOOL TRUSTEE, OR A BUSINESS WITH WHICH HE IS ASSOCIATED TO PROVIDE SERVICES OR SELL PRODUCTS TO THE DISTRICT OF WHICH HE IS A BOARD MEMBER OR TRUSTEE SO LONG AS THESE TRANSACTIONS ARE IN ACCORDANCE WITH STATE ETHICAL PROVISIONS OF LAW.
(R429) H. 3701 -- Education and Public Works Committee: AN ACT TO ENACT THE SOUTH CAROLINA EMPLOYMENT REVITALIZATION ACT OF 1986 BY ADDING SECTION 59-5-61 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR THE RESPONSIBILITY OF THE STATE BOARD OF EDUCATION IN REGARD TO SECONDARY OCCUPATIONAL VOCATIONAL EDUCATION; TO AMEND SECTION 59-43-20, RELATING TO THE POWERS OF THE STATE BOARD OF EDUCATION IN REGARD TO ADULT EDUCATION, SO AS TO FURTHER PROVIDE FOR THESE POWERS; TO AMEND SECTION 59-53-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO ADD TWO AT-LARGE MEMBERS TO THE BOARD, TO PROVIDE THAT THE STATE COUNCIL ON VOCATIONAL AND TECHNICAL EDUCATION SHALL ALSO SERVE AS THE STATE OCCUPATIONAL TRAINING ADVISORY COMMITTEE WITH SPECIFIED RESPONSIBILITIES, TO REQUIRE EACH AREA OCCUPATIONAL ADVISORY COMMITTEE TO MAKE PROGRESS REPORTS TO THE STATE OCCUPATIONAL TRAINING ADVISORY COMMITTEE, AND PROVIDE FOR CERTAIN FUNCTIONS OF THE ADVISORY COMMITTEE; TO AMEND SECTION 59-53-20, AS AMENDED, RELATING TO THE AUTHORITY OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION OVER STATE-SUPPORTED TECHNICAL INSTITUTIONS AND PROGRAMS, SO AS TO FURTHER PROVIDE FOR THIS AUTHORITY WITH REGARD TO CERTAIN OCCUPATIONAL AND TECHNICAL TRAINING FOR ADULTS; TO AMEND SECTION 59-53-40, AS AMENDED, RELATING TO COORDINATION BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION WITH THE COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE BOARD AND THE LOCAL AREA COMMISSIONS SHALL INSURE COORDINATION AMONG PUBLIC AND PRIVATE ENTITIES TO MEET LOCAL TECHNICAL EDUCATION AND TRAINING NEEDS AND TO DELETE CERTAIN LANGUAGE OF THE SECTION; TO AMEND SECTION 59-53-50, AS AMENDED, RELATING TO OTHER POWERS AND DUTIES OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO GRANT TO THE BOARD CERTAIN ADDITIONAL POWERS AND DUTIES; TO AMEND SECTION 59-53-57, RELATING TO STATE FUNDING FOR THE TECHNICAL EDUCATION SYSTEM, SO AS TO STIPULATE HOW CERTAIN MONIES APPROPRIATED FOR SHORT-TERM AND INNOVATIVE TRAINING MUST BE USED AND TO CREATE A PRIVATE JOB TRAINING REVIEW COMMITTEE AND PROVIDE FOR ITS FUNCTIONS; TO ESTABLISH AN AREA OCCUPATIONAL TRAINING ADVISORY COMMITTEE FOR EACH OF THE SERVICE AREAS PRESENTLY ESTABLISHED FOR THE VARIOUS TECHNICAL COLLEGES AND TO PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, AND EXPENSES OF THESE AREA ADVISORY COMMITTEES AND FOR A TWO-YEAR DURATION OF EACH; TO PROVIDE THAT EACH LOCAL TECHNICAL COLLEGE COMMISSION AND LOCAL SCHOOL BOARDS WITHIN THE SERVICE AREA SHALL ENTER INTO CERTAIN MEMORANDA OF AGREEMENT FOR COOPERATION AND COORDINATION AND TO PROHIBIT ANY TECHNICAL COLLEGE COMMISSION OR LOCAL SCHOOL BOARD WHICH HAS NOT ENTERED INTO A MEMORANDA OF AGREEMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE FROM RECEIVING CERTAIN STATE FUNDS UNTIL SUCH TIME AS A MEMORANDA OF AGREEMENT HAS BEEN ENTERED INTO, AND TO PROVIDE THAT EACH STATE AGENCY OFFERING VOCATIONAL, TECHNICAL, OCCUPATIONAL, OR ADULT BASIC AND SECONDARY EDUCATION SHALL INCLUDE IN ITS ANNUAL REPORT CERTAIN INFORMATION.
(R430) H. 3331 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1981, 1982, 1983, 1984, 1985, AND 1986 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1986.
(R431) H. 3717 -- Reps. M.D. Burriss and T. Rogers: AN ACT TO AMEND SECTION 16-17-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL TATTOOING, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL FOR A LICENSED PHYSICIAN OR SURGEON TO TATTOO PART OF A PATIENT'S BODY IF IN HIS MEDICAL OPINION IT IS NECESSARY WHEN PERFORMING COSMETIC OR RECONSTRUCTIVE SURGERY.
At 12:20 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, 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.
Rep. WALDROP continued speaking.
The question then recurred to the passage of the Bill, as amended.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Anderson, J. Aydlette Bailey, K. Bennett Blanding Brown, H. Brown, R. Burriss, T.M. Cooper Cork Dangerfield Edwards Felder Foster Foxworth Freeman Harvin Hawkins Hayes Hearn Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Lockemy Martin, D. Martin, L. Mattos McEachin McLellan McTeer Mitchell Pearce Rice Rogers, T. Sheheen Shelton Snow Toal Townsend Tucker Wilkins Winstead
Those who voted in the negative are:
Anderson, S. Arthur, J. Arthur, W. Barfield Beasley Blackwell Boan Bradley, P. Brown, J. Burriss, J.H. Burriss, M.D. Carnell Chamblee Cleveland Davenport Derrick Elliott Faber Fair Ferguson Gentry Gordon Hendricks, B. Jones Kirsh Klapman Koon Lake Limehouse McAbee McKay McLeod Moss Neilson Nettles Ogburn Petty Phillips, O. Simpson Sturkie Taylor Thrailkill Waldrop Washington White
So, the Bill, as amended, was read the second time and ordered to third reading.
RE: H. 3671 Explanation of Vote
My vote against this Bill reflects the opposition of a vast majority of the sportsmen in my district.
REP. DILL BLACKWELL
Rep. TOAL moved that the House do now adjourn which was adopted.
On April 23, 1986, House Bill 3846 was introduced and my name was inadvertently left off the title of the Bill as a co-sponsor with the other members of the Orangeburg Delegation. I did not realize this fact until it was too late to add my name as a co-sponsor. I fully support the Bill and will work to see it passes the House of Representatives.
REP. JOHN G. FELDER
House District 93
The Senate returned to the House with concurrence the following:
H. 3851 -- Rep. Edwards: A CONCURRENT RESOLUTION COMMENDING MRS. FRANCES (FRANKIE) ALTMAN OF SPARTANBURG COUNTY FOR THE MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE SHE HAS RENDERED TO THE SPARTANBURG SCHOOL SYSTEM AND WISHING HER MUCH SUCCESS AND HAPPINESS IN HER RETIREMENT.
At 12:32 P.M. the House in accordance with the motion of Rep. TOAL adjourned to meet at 10:00 A.M. tomorrow.
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