South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

TUESDAY, MAY 12, 1987

Tuesday, May 12, 1987
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Almighty and Eternal God, Whose glory is in all the world, Whose love is unchanging, and Whose truth endures forever, come anew to us as we bow in these sacred moments of prayer.

As our lives today are shaped by how we lived yesterday, so our lives tomorrow will be patterned by how we live today. Cause us, then, to use this day to the fullest, governed and guided by the moral law of Mount Sinai and by the eternal truths of the Sermon on the Mount. Grant to us strong minds, great hearts, steadfast faith, and ready hands. Give to us courage and confidence, health of bodies and minds, wisdom for our decisions, and an unfaltering willingness to follow the precept of Your unchanging Word.

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 the SPEAKER.

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

RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 8, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 811)

Dear Mrs. Shealy:

The South Carolina State Board of Dentistry is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to Examination Fees for Dental Hygienists, effective today.

These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS RECEIVED

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 8, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 840)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 8, 1987 regulations concerning Selection and Assignment; and Waiver of Rules from the Athletic Commission.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 8, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 842

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 6, 1987 regulations concerning the State Board of Funeral Service -- Academic Qualifications from the Office of the Attorney General.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 11, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 844)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 11, 1987 regulations concerning Fee Schedule from the S.C. State Board of Registration for Professional Engineers and Land Surveyors.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 11, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 859

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 8, 1987 regulations concerning Classified Waters - Edisto River from the Department of Health and Environmental Control.

They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 12, 1987

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:00 Noon today for the purpose of Ratifying Acts.

Very respectfully,
President.

On motion of Rep. PEARCE the invitation was accepted.

RATIFICATION OF ACTS

At 12:00 Noon the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R113) S. 311 -- Senators Lee, Horace C. Smith and Peeler: AN ACT TO AMEND CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING SECTION 9-11-55 SO AS TO PROVIDE THAT MEMBERS OF THIS SYSTEM ARE ENTITLED TO CREDIT FOR PRIOR SERVICE FOR WHICH CREDIT MAY BE ESTABLISHED BY MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND TO PROVIDE THE FORMULA FOR PAYMENT FOR THE CREDIT.

(R114) S. 433 -- Education Committee: AN ACT TO AMEND SECTION 59-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR EVALUATING QUALITY OF EDUCATION, THE REVIEW COMMITTEE, AND IMPLEMENTATION OF RECOMMENDATIONS BY SCHOOL DISTRICTS, SO AS TO CHANGE THE REFERENCE TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM.

(R115) S. 581 -- Senators Shealy, Giese and Fielding: AN ACT TO AMEND SECTIONS 52-7-20 AND 52-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AND COUNTY ATHLETIC COMMISSIONS, SO AS TO PERMIT THE CHAIRMAN OF THE STATE ATHLETIC COMMISSION TO CALL ADDITIONAL MEETINGS AND TO REQUIRE THAT HE CALL A MEETING UPON DIRECTION OF A MAJORITY OF THE COMMISSIONERS, TO REQUIRE THE APPOINTING BODY OF MEMBERS TO THE COUNTY ATHLETIC COMMISSIONS INSTEAD OF THE COUNTY COMMISSION TO FILE A RECORD OF APPOINTEES WITH THE STATE ATHLETIC COMMISSION, TO PROVIDE THAT THE COUNTY ATHLETIC COMMISSION SELECT ITS CHAIRMAN AND OFFICERS WHO SHALL RECEIVE PER DIEM, MILEAGE, AND SUBSISTENCE AS AUTHORIZED BY THE COUNTY, AND TO PROHIBIT A PERSON FROM SERVING ON BOTH THE STATE AND COUNTY ATHLETIC COMMISSIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 52-7-15 AND 52-7-25 SO AS TO REQUIRE THE STATE ATHLETIC COMMISSION TO SELECT A CHAIRMAN AND OTHER OFFICERS AND PROVIDE THAT THE CHIEF OF THE STATE ATHLETIC COMMISSION MAY RECEIVE COMPENSATION AS PROVIDED BY THE GENERAL ASSEMBLY.

(R116) S. 426 -- Education Committee: AN ACT TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE FROM NOVEMBER FIRST TO FEBRUARY FIRST THE DATE THE BASIC SKILLS ADVISORY COMMISSION AND THE STATE BOARD OF EDUCATION SHALL REPORT TO THE SELECT COMMITTEE ON AN ANALYSIS OF TEST SCORES AND DATA FOR THE PRECEDING SCHOOL YEAR.

(R117) S. 425 -- Education Committee: AN ACT TO AMEND SECTION 59-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION IN REVIEWING THE EDUCATION IMPROVEMENT ACT AND CREATION OF THE PUBLIC ACCOUNTABILITY DIVISION, SO AS TO CHANGE THE DATE FOR ELIMINATION OF THE DIVISION FROM THREE YEARS FROM THE DATE OF IMPLEMENTATION OF THE ACT TO SIX YEARS, TO PROVIDE FOR THE DUTIES OF THE DEPUTY SUPERINTENDENT, AND TO REVISE THE DUTIES OF THE DIVISION.

(R118) S. 100 -- Senator J. Verne Smith: AN ACT TO AMEND SECTION 56-5-2945, 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, PLUS ANY TERM OF IMPRISONMENT FOR THE PERSON CONVICTED OF THE OFFENSE.

(R119) S. 616 -- Banking and Insurance Committee: AN ACT TO AMEND CHAPTER 25 OF TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS SO AS TO PROVIDE COMPREHENSIVE LEGISLATION TO REGULATE HEALTH MAINTENANCE ORGANIZATIONS IN THIS STATE.

(R120) S. 89 -- Senator Lourie: AN ACT TO AMEND SECTION 56-1-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE THE OPERATOR'S LICENSE TO DRIVE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS, AND PROHIBIT SUSPENSION OF A PORTION OF THE PENALTY AND TO CLARIFY SITUATIONS WHERE DIFFERENT PENALTIES APPLY, TO PROVIDE THAT CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS OF THE LAST VIOLATION CONSTITUTE PRIOR OFFENSES, TO REQUIRE NOTICE OF ALL SUSPENSIONS AND EXEMPT CASES WHERE THE DEPARTMENT HAS NOT BEEN NOTIFIED OF PAYMENT OF FINES OR PENALTIES AND TO REPEAL SECTION 56-9-70, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE OR REGISTRATION OR OPERATING PRIVILEGES ARE SUSPENDED OR REVOKED.

(R121) S. 428 -- Education Committee: AN ACT TO AMEND SECTION 59-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF THE CAPABILITIES OF PERSONS BEING CONSIDERED AS ELEMENTARY OR SECONDARY SCHOOL PRINCIPALS, SO AS TO PROVIDE FOR AN ANNUAL INSTEAD OF A QUARTERLY REPORT ON THE ASSESSMENT AND TO REVISE THE REQUIREMENTS OF THE REPORT.

(R122) S. 627 -- Senator Waddell: AN ACT TO AMEND ACT 423 OF 1986, RELATING TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE THE REQUIRED JULY 1, 1989, EXPIRATION DATE OF THE COUNCIL IN ORDER TO MAKE THE COUNCIL PERMANENT AND TO MAKE THE CHAIRMAN OF THE SOUTH CAROLINA TAX COMMISSION A MEMBER OF THE COUNCIL, AND TO AMEND SECTION 1-20-50, RELATING TO TERMINATION DATES FOR PARTICULAR STATE AGENCIES AND THE REAUTHORIZATION OF THESE AGENCIES, SO AS TO INCLUDE THE COORDINATING COUNCIL IN THE LIST OF AGENCIES WITH A JUNE 30, 1991 TERMINATION DATE.

(R123) S. 511 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO RULES OF PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 744, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R124) S. 341 -- Senators Giese, Bryan and Thomas: AN ACT TO AMEND SECTION 20-7-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND FILING OF AMENDED BIRTH CERTIFICATES, SO AS TO PROVIDE A PROCEDURE IN ADOPTIONS FOR THE FAMILY COURT TO DETERMINE THE DATE AND PLACE OF BIRTH WHEN THE ADOPTEE IS NOT BORN IN THE UNITED STATES AND NOT A CITIZEN OF THE UNITED STATES AT BIRTH AND TO AMEND SECTION 44-63-140, RELATING TO SUPPLEMENTARY OR AMENDED BIRTH CERTIFICATES FOR ADOPTEES, SO AS TO REVISE THE PROCEDURE FOR ISSUING THE CERTIFICATES.

(R125) S. 737 -- Senator Lindsay: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 1987 ONLY, ON THE PEE DEE RIVER IN MARLBORO AND DARLINGTON COUNTIES THE CLOSED SEASON FOR THE TAKING OF SHAD BEGINS ON JUNE FIRST RATHER THAN APRIL THIRTIETH.

(R126) S. 432 -- Education Committee: AN ACT TO AMEND SECTION 59-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELECT COMMITTEE WHICH MAKES RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION ON IMPLEMENTING THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO DELETE THE PROVISIONS REQUIRING THE STATE DEPARTMENT OF EDUCATION TO REPORT ANNUALLY TO THE COMMITTEE ON MANAGEMENT RECOMMENDATIONS AND CHANGE THE DATE UPON WHICH THE COMMITTEE SHALL SUBMIT FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM BEFORE JANUARY FIRST TO BEFORE MARCH FIRST OF EACH FISCAL YEAR.

(R127) S. 521 -- Senator Williams: AN ACT TO AMEND CHAPTER 13 OF TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL LAWS BY ADDING SECTION 61-13-885 SO AS TO REQUIRE EVERY PERSON ENGAGED IN THE BUSINESS OF SELLING BEER, WINE, OR LIQUOR AT RETAIL TO POST CERTAIN SIGNS PERTAINING TO UNLAWFUL PURCHASE OR POSSESSION IN EVERY LOCATION FOR WHICH HE HAS OBTAINED A LICENSE OR PERMIT, AND TO PROVIDE PENALTIES FOR VIOLATION, AND TO REPEAL SECTIONS 61-9-75 AND 61-9-455, RELATING TO THE REQUIREMENT THAT CERTAIN SIMILAR SIGNS BE POSTED IN RETAIL BEER OR WINE ESTABLISHMENTS.

(R128) S. 396 -- Senator Thomas: AN ACT TO AMEND SECTION 40-45-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS, SO AS TO PROVIDE THAT COMPLAINTS MADE TO THE BOARD ARE PRIVILEGED UNTIL THE BOARD VOTES OTHERWISE AND PROHIBIT ACTIONS OR PROCEEDINGS AGAINST ANY PERSON WHO MAKES A COMPLAINT UNLESS IT WAS MADE WITH MALICIOUS INTENT.

(R129) S. 522 -- Senator Williams: AN ACT TO AMEND SECTION 61-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS ISSUED TO NONPROFIT ORGANIZATIONS ALLOWING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUOR AND BEVERAGES FOR A PERIOD NOT TO EXCEED TWENTY-FOUR HOURS, SO AS TO ALSO PERMIT THE SALE OF ALCOHOLIC LIQUOR AND BEVERAGES BY THE NONPROFIT ORGANIZATIONS DURING THIS TWENTY-FOUR HOUR PERIOD UPON OBTAINING A PERMIT.

(R130) H. 2385 -- Reps. Gregory, White and Short: AN ACT TO REAUTHORIZE THE STATE BOARD OF NURSING FOR SIX YEARS; AND TO AMEND SECTIONS 40-33-530 AND 40-33-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR AN APPLICANT TO BE A REGISTERED OR PRACTICAL NURSE, SO AS TO DELETE FROM THE REQUIREMENTS THAT AN APPLICANT MUST BE IN GOOD PHYSICAL AND MENTAL HEALTH AND IS OF GOOD MORAL CHARACTER.

(R131) H. 2652 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITIONS, DUTIES OF THE BOARD, LICENSURE REQUIREMENTS, LICENSES, EDUCATION, AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 781, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R132) H. 2323 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-82 SO AS TO PROVIDE FOR THE GOVERNING BODY OF ANY PUBLIC SERVICE DISTRICT TO TRANSFER ITS ASSETS AND PROPERTIES AND RESPONSIBILITIES FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER AND FOR THE DISSOLUTION OF THE DISTRICT UPON THE COMPLETION OF THE TRANSFER.

(R133) H. 2775 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO REPEAL CHAPTER 57 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEDDING.

(R134) H. 2490 -- Reps. Sheheen and Wilkins: AN ACT TO AMEND SECTIONS 16-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF A MOB GUILTY AS PRINCIPALS; 16-11-820, RELATING TO UNLAWFUL USE OF CABLE TELEVISION SERVICE; 16-13-120 AND 16-13-130, RELATING TO SHOPLIFTING; 16-13-220, RELATING TO EMBEZZLEMENT OF PUBLIC FUNDS; 16-14-90, RELATING TO FRAUDULENT ACQUISITION OF TRANSPORTATION TICKETS OBTAINED AT A DISCOUNT; 16-15-300, RELATING TO DISTRIBUTION OF OBSCENE MATERIALS TO THE PUBLIC; 16-17-230, RELATING TO DESECRATION OR MUTILATION OF FEDERAL AND STATE FLAGS; AND 56-5-2950, RELATING TO IMPLIED CONSENT TO TAKE A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF A MOTOR VEHICLE OPERATOR'S BLOOD, SO AS TO CHANGE CERTAIN REFERENCES TO "PRESUMPTIONS", "REBUTTABLE PRESUMPTIONS", AND "CONCLUSIVE PRESUMPTIONS" TO A "PERMISSIVE INFERENCE" REFERENCE IN ORDER TO BRING THESE SECTIONS IN CONFORMITY WITH EXISTING CONSTITUTIONAL LAW, AND TO FURTHER REVISE THESE SECTIONS IN ORDER TO ACCOMPLISH THE ABOVE.

(R135) H. 2956 -- Reps. Hodges, Boan and Nesbitt: AN ACT TO PROVIDE THAT ALL MONITORING, OBSERVATION, RESEARCH, OR OTHER TESTING OF WELLS LOCATED IN THE SIX MILE CREEK DRAINAGE BASIN IN LANCASTER AND YORK COUNTIES MUST BE FIRST APPROVED BY THE SOUTH CAROLINA WATER RESOURCES COMMISSION AND TO PROVIDE CERTAIN EXCEPTIONS RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

(R136) H. 2159 -- Reps. Hearn, Day, Moss, Limehouse, Wilkins, Haskins, Toal and Baxley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-27-15 SO AS TO PROVIDE INTERPRETERS FOR A DEAF PERSON WHO IS PARTY TO ANY LEGAL PROCEEDING OR A WITNESS THEREIN OR CONFINED TO ANY INSTITUTION; AND TO PROVIDE THAT THE CHIEF JUSTICE BE PERMITTED TO ADJUST SALARY LEVELS OF EMPLOYEES OF THE JUDICIAL DEPARTMENT.

(R137) H. 2794 -- Rep. T. Rogers: AN ACT TO AMEND ARTICLE 1, CHAPTER 11 OF TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-83 SO AS TO PROVIDE THAT THE COMPTROLLER GENERAL AND ALL OTHER STATE AGENCIES, UPON REQUEST OF EMPLOYEES OF THE STATE, SHALL MAKE DEDUCTIONS FROM THE COMPENSATION OF THE EMPLOYEES FOR THE PAYMENT OF MEMBERSHIP DUES FOR THE SOUTH CAROLINA STATE EMPLOYEE'S ASSOCIATION, TO PROVIDE THAT RETIREES FROM A STATE AGENCY ALSO MAY HAVE WITHHELD FROM THEIR STATE RETIREMENT BENEFITS THEIR MEMBERSHIP DUES FOR THE ASSOCIATION, AND TO PROVIDE THAT NO DEDUCTION IS PERMITTED IF THE ASSOCIATION AT ANY TIME ENGAGES IN COLLECTIVE BARGAINING OR ENCOURAGES ITS MEMBERS TO STRIKE.

(R138) H. 2811 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO PROVIDE FOR THE REGULATION OF BIRTHING CENTERS AND TO PROVIDE A PENALTY.

(R139) H. 2551 -- Rep. McLellan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-150 SO AS TO PROVIDE FOR THE IMPLEMENTATION OF EARLY RETIREMENT PLANS BY PUBLIC INSTITUTIONS OF HIGHER EDUCATION.

(R140) H. 2259 -- Reps. Wilkins, P. Bradley and Clyborne: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-555 SO AS TO MAKE IT UNLAWFUL TO INTENTIONALLY DELIVER OR PLACE A DEVICE WHICH IS CONSTRUCTED TO REPRESENT OR IS PRESENTED AS AN EXPLOSIVE, INCENDIARY, OR A BOMB WITH THE INTENT TO TERRORIZE, FRIGHTEN, INTIMIDATE, THREATEN, HARASS, MOLEST, OR ANNOY ANY OTHER PERSON, OR TO AID OR CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(R141) H. 2333 -- Rep. Helmly: A JOINT RESOLUTION TO AMEND SECTION 40, PART I OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, BY DELETING PROVISOS RELATING TO RESTRICTIONS ON THE USE OF FUNDS FROM THE SETTLEMENT OF THE NURSING HOME LAWSUIT AND AUTHORITY TO CARRY OVER UNSPENT MEDICAID FUNDS TO DEVELOP A HEALTH MAINTENANCE ORGANIZATION PILOT PROJECT AND TO PROVIDE THAT STATE FUNDS MADE AVAILABLE AS A RESULT OF THE DELETIONS MUST BE USED TO RESTORE MEDICAID REIMBURSEMENT RATES FOR NURSING HOMES TO THE ORIGINAL 1986-87 LEVEL AND TO REDUCE THE CURRENT MEDICAID DEFICIT.

(R142) H. 2743 -- Agriculture and Natural Resources Committee: AN ACT TO AMEND SECTION 50-17-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO DEFINE "PRIMARY WHOLESALE" AND "RETAIL" SEAFOOD DEALERS AND "SALTWATER FISHERY PRODUCTS" TO REGULATE THE SALE OF SALTWATER FISHERY PRODUCTS IN SOUTH CAROLINA AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(R143) H. 2758 -- Rep. Foxworth: AN ACT TO AMEND SECTION 50-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME WARDENS, SO AS TO ELIMINATE THE REFERENCE TO TWO-YEAR TERMS, RECORDING OF CERTIFICATES, AND TAXES AND FEES AND TO AMEND THE 1976 CODE BY CHANGING ALL REFERENCES TO GAME WARDEN TO CONSERVATION OFFICER.

(R144) H. 2527 -- Reps. Sharpe, G. Bailey, Hayes, Moss, Aydlette, Klapman, Blackwell, Sturkie, Jones, Kay, Simpson, Koon, J.C. Johnson, Thrailkill, Foxworth, Altman, Chamblee, Pearce, McTeer, J.W. McLeod, J.H. Burriss, R. Brown, Barfield, Townsend, M.O. Alexander, Rice, McCain, Gordon, H. Brown, Petty, Davenport, Wells, Neilson, Hendricks, Ferguson, Haskins, Baxley, McGinnis, Kirsh and Harvin: AN ACT TO AMEND ARTICLE 7, CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN FUNCTIONS OF THE GOVERNOR BY ADDING SECTION 1-3-470 SO AS TO PROVIDE THAT THE GOVERNOR ON THE DAY OF BURIAL OR OTHER SERVICE FOR ANY FIREFIGHTER OR LAW ENFORCEMENT OFFICER IN THIS STATE WHO DIED IN THE LINE OF DUTY SHALL ORDER ALL FLAGS ON STATE BUILDINGS TO BE FLOWN AT HALF-MAST IN TRIBUTE TO THE DECEASED FIREFIGHTER OR LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT THE GOVERNOR SHALL ALSO REQUEST THAT FLAGS OVER THE BUILDINGS OF THE POLITICAL SUBDIVISIONS OF THIS STATE SIMILARLY BE FLOWN AT HALF-MAST FOR THIS PURPOSE.

(R145) H. 2050 -- Reps. Kirsh, Klapman, Holt and P. Bradley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-1-100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE OR ACT AS A FLIGHTCREW MEMBER OF ANY AIRCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO PROVIDE FOR BREATH CHEMICAL TESTS TO DETERMINE ALCOHOLIC CONTENT OF BLOOD AND CONSENT TO THE TESTS, TO PROVIDE FOR CRIMINAL PROSECUTIONS AND PENALTIES FOR VIOLATIONS, AND DEFINE FLIGHTCREW MEMBER AND AIRCRAFT.

(R146) H. 2449 -- Rep. T.M. Burriss: AN ACT TO AMEND CHAPTER 29 OF TITLE 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUSTEES, BY ADDING SECTION 21-29-90 SO AS TO DEFINE AN "AFFILIATED TRUST COMPANY", AUTHORIZE ANY BANK TO DESIGNATE AN AFFILIATED TRUST COMPANY AS ITS AGENT FOR THE PERFORMANCE OF ALL ACTS, OBLIGATIONS, AND RESPONSIBILITIES OF THE BANK WITH RESPECT TO ANY FIDUCIARY OR OTHER SERVICES GENERALLY RENDERED BY BANK TRUST DEPARTMENTS, AND PROVIDE THAT THE BANK IS FULLY RESPONSIBLE AND LIABLE FOR ALL ACTIONS OF THE TRUST COMPANY AND TO PROHIBIT CERTAIN ACTS IN THE AGENCY RELATIONSHIP.

(R147) H. 2033 -- Reps. Hayes and P. Bradley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-215 SO AS TO AUTHORIZE MULTIPLE LAW ENFORCEMENT JURISDICTIONS TO ENTER INTO A WRITTEN AGREEMENT WITH ONE ANOTHER FOR THE PURPOSE OF CRIMINAL INVESTIGATION ONLY AND TO AUTHORIZE LAW ENFORCEMENT OFFICERS TO HAVE JURISDICTION WITHIN OTHER JURISDICTIONS, TO PROVIDE AN EXCEPTION, AND FOR TERMINATION OF THE CONTRACT.

THE HOUSE RESUMES

At 12:15 P.M. the House resumed, the SPEAKER in the Chair.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 12, 1987

Mr. Speaker and Members of the House:

The Senate respectfully requests your Honorable Body to recall H. 2012 from the Legislative Council:
H. 2012 -- Rep. Kay: A BILL TO AMEND SECTION 39-55-295, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO EXEMPTIONS TO CEMETERY LAWS, SO AS TO PROVIDE THAT CHURCH CEMETERIES ARE EXEMPT EXCEPT AS PROVIDED IN SECTION 39-55-300 AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-55-300 SO AS TO REQUIRE A CHURCH WHICH RECEIVES MONEY FOR THE MAINTENANCE OF ITS CEMETERY TO KEEP THE MONEY IN A SEPARATE FUND, TO MAKE IT UNLAWFUL TO USE THE FUND FOR ANY PURPOSE OTHER THAN FOR THE MAINTENANCE OF THE CEMETERY, AND TO PROVIDE PENALTIES.

Very respectfully,
President.

Received as information.

H. 2012--RECALLED FROM LEGISLATIVE COUNCIL

On motion of Rep. KAY, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.

H. 2012 -- Rep. Kay: A BILL TO AMEND SECTION 39-55-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS TO CEMETERY LAWS, SO AS TO PROVIDE THAT CHURCH CEMETERIES ARE EXEMPT EXCEPT AS PROVIDED IN SECTION 39-55-300 AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-55-300 SO AS TO REQUIRE A CHURCH WHICH RECEIVES MONEY FOR THE MAINTENANCE OF ITS CEMETERY TO KEEP THE MONEY IN A SEPARATE FUND, TO MAKE IT UNLAWFUL TO USE THE FUND FOR ANY PURPOSE OTHER THAN FOR THE MAINTENANCE OF THE CEMETERY, AND TO PROVIDE PENALTIES.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 12, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Shealy, Pope and Matthews of the Committee of Conference on the part of the Senate on S. 119:
S. 119 -- Senators Garrison and Giese: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.
Very respectfully,
President.

No. 7

Received as information.

H. 2496--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 7, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2496:
H. 2496 -- Reps. Kohn and J. Bradley: A BILL TO AMEND SECTION 38-43-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF CERTAIN INSURANCE FILINGS, SO AS TO EXTEND FROM SIXTY DAYS TO ONE YEAR THE MAXIMUM ADDITIONAL WAITING PERIOD THE CHIEF INSURANCE COMMISSIONER MAY REQUEST BEFORE HE IS REQUIRED TO RULE ON THE FILING.
and asks for a Committee of Conference and has appointed Senators Lindsay, Doar and McConnell of the Committee of Conference on the part of the Senate.

Very respectfully,
President.

No. 4

Whereupon, the Chair appointed Reps. J. BRADLEY, NEILSON and J.W. McLEOD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 2103 -- Reps. P. Harris, J. Harris, Helmly and P. Bradley: A BILL TO AMEND SECTIONS 44-52-20, 44-52-70, AND 44-52-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT PERSONS WHO APPEAR TO BE CHEMICALLY DEPENDENT MAY SEEK VOLUNTARY ADMISSION TO A TREATMENT FACILITY, TO PROVIDE THAT A PETITION FOR INVOLUNTARY COMMITMENT MAY BE FILED IN THE COUNTY WHERE THE PERSON TO BE COMMITTED IS PRESENT, AND TO PROVIDE THAT THE COURT MAY ORDER INVOLUNTARY COMMITMENT TO THE DIVISION OF ALCOHOL AND DRUG ADDICTION SERVICES OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH OR ANY OTHER LICENSED TREATMENT FACILITY.

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

H. 2816--NON-CONCURRENCE IN SENATE AMENDMENTS

On motion of Rep. McLELLAN the House non-concurred in the Senate Amendments to the following Joint Resolution, and a message was ordered sent to the Senate accordingly.

H. 2816 -- Rep. McLellan: A JOINT RESOLUTION TO EXEMPT ANY AUTHORIZATION OF ADDITIONAL STATE CAPITAL IMPROVEMENT BONDS FOR THE DEPARTMENT OF CORRECTIONS FROM THE PROVISIONS OF SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE YEAR 1987 ONLY FOR THE PURPOSE OF COMPLYING WITH THE NELSON LAWSUIT SETTLEMENT.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3076 -- Orangeburg Delegation: A BILL TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE FOR ONE ADDITIONAL MILL OF THE TAX LEVY IN THE COUNTY TO BE USED BY THE COUNTY BOARD OF EDUCATION AND THAT SCHOOL DISTRICT NOS. 3 AND 7 MAY ADD MILLAGE FOR THE 1987-88 FISCAL YEAR WITHOUT A REFERENDUM.

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

H. 2742--POINT OF ORDER

The Senate Amendments to the following Bill were taken up for consideration.

H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS, PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND A POSSESSION LIMIT; AND TO INCREASE PENALTIES.

Rep. FOXWORTH proposed the following Amendment No. 13 (Doc. No. 4655Y).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 50-17-1620 of the 1976 Code is amended to read:

"Section 50-17-1620. (A) It is unlawful to catch or take shrimp by cast net any means for commercial purposes outside the areas as specified in Sections 50-17-1510, 50-17-1520, and 50-17-1590 or outside the legal channel net zones as established by the Wildlife and Marine Resources Department, other than for sale as live bait. , in or near any waters or bottoms which have been baited by placing, depositing, or scattering and material to attract or lure shrimp toward the bait to cause shrimp to congregate in the area where the bait is placed. Furthermore, it is unlawful to take or to attempt to take shrimp by the use of a shrimp trap or shrimp pot.

(B) The Wildlife and Marine Resources Department shall establish annually a forty-five day open season between September first and November first for taking shrimp over baited areas. The forty-five days may, but are not required to be, consecutive. It is unlawful for anyone to take, or attempt to take, shrimp over bait during the closed season for taking shrimp over bait. The provisions of this subsection do not apply to anyone taking or attempting to take shrimp over bait by the use of a drop net from a pier, dock, or other structure permanently affixed to land.

(C) It is unlawful for any resident or nonresident of this State to take shrimp by cast net over bait during the open season unless he first obtains from the Division of Marine Resources a shrimp baiting permit and associated tags. Upon receipt of application and fees, the Division of Marine Resources shall issue the permit along with five marking device tags bearing the corresponding permit number. Every permittee while shrimping over bait shall carry on his person his baiting permit and upon demand shall show it to any conservation officer.

(D) It is unlawful for any person to borrow, loan, or exchange a baiting permit or tags with another person. In addition to the penalties set forth in this section, he shall forfeit any right to any baiting permit and tags issued to him and is prohibited from procuring another baiting permit and tags for the season for which the baiting permit and tags so borrowed, exchanged, or loaned was issued.

(E) The fee for a resident shrimp baiting permit and associated tags is twenty-five dollars. The fee for the issuance of the nonresident shrimp baiting permit and associated tags is one hundred dollars. The Division of Marine Resources may issue duplicate baiting permits or tags upon affidavit from the permittee that he has lost his baiting permit or tags. The duplicate permit or issuance of a duplicate shrimp baiting permit is twenty-five dollars for residents and one hundred dollars for nonresidents. The fee for the issuance of each duplicate tag is one dollar for residents and four dollars for nonresidents.

All monies derived from the issuance of all permit and tags authorized in this section is retained by the department for the purposes of administration and enforcement of this section and Section 50-17-1621.

(F) It is unlawful for any person to catch or take shrimp over a baited area unless:

(1) each bait deposit is marked by a biodegradable pole not to exceed one inch in diameter which is driven into the ground and with the department-issued tag securely attached to it;

(2) each pole is plainly marked with white reflective tape;

(3) there is a five pole limit a boat a day, additional boats in tow may not be used to increase the number of authorized poles;

(4) there is a five pole limit for each person who is shrimping over a baited area if no boat is being used;

(5) if more than one pole is being used, the distance between the first and the last pole may not exceed fifty yards;

(6) the minimum distance between each set of poles may not be less than twenty-five yards;

(7) no pole or set of poles may be left unattended, and if the permittee is not located in the immediate vicinity, the poles must be confiscated by the department

(8) the permittee and the occupants of his boat are allowed to shrimp over only those poles bearing his corresponding permit number;

(9) it is unlawful during the closed season for taking shrimp over bait to have aboard any boat any material that can be used to attract, lure, or cause shrimp to congregate.

(G) The provisions of subsection (F) do not apply to anyone taking or attempting to take shrimp by the use of a drop net or cast net over bait from a pier, dock, or other structure permanently affixed to land.

(H) Any person violating who violates the provisions of this section subsection (A) is guilty of a misdemeanor and, upon conviction, shall must be fined not more than two hundred dollars or imprisoned for not more than thirty days, and the shrimp baiting permit, associated tags, the boat and equipment licenses and the fisherman's land and sell license of such person shall must be suspended for one year. and the The boat, rigging, nets, equipment, and the catch shall must be seized and forfeited as provided in Section 50-17-1615.

(I) Any person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-1615.

(J) Any person who violates the provisions of subsections (C) or (D) is guilty of a misdemeanor, and upon conviction for a first offense, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days, and the catch must be seized and forfeited as provided in Section 50-17-1615. Any person who violates these subsections for a second or subsequent offense is guilty of a misdemeanor and must be fined two hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-1615.

(K) Any person who violates the provisions of subsection (F) is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars, and the catch must be seized and forfeited as provided in Section 50-17-1615."

SECTION 2. Section 50-17-1621 of the 1976 Code is amended to read:

"Section 50-17-1621. (A) When taking shrimp over bait, There there is a catch limit of not more than fifty forty-eight quarts of whole shrimp or thirty twenty-nine quarts of headed shrimp, including ice, a set of poles a day. for each household. Possession of more than the catch limit of shrimp by any person using a shrimp seine or cast net or aboard any beat transporting any shrimp seine or cast net is prima facie evidence of a violation or this section. When no bait is being used, the catch limit is forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp, including ice, for each person a day not to exceed forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp, including ice, a boat a day. When a seine or seines are being used to take shrimp, one catch limit is allowed a day among the persons using the seines. As used in this section, a day means sunrise on one day to sunrise on the following day.

(B) It is unlawful for any person to have in his immediate control or possession more than forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp, including ice, while on the waters or the lands immediately adjacent to the waters. The possession limit is ninety-six quarts of whole shrimp or fifty-eight quarts of headed shrimp, including ice, for anyone traveling from the shore to his home, business, or other onshore destination. The subsection does not apply to any commercial fisherman transporting his catch to a licensed seafood dealer, or to any licensed dealer distributing his product.

(C) Any person violating who violates the provisions of this section:

(1) by taking between forty-eight and no more than ninety-six quarts of whole shrimp, including ice, or between twenty-nine and no more than fifty-eight quarts of headed shrimp, including ice, or for exceeding the lawful possession limit while not on the waters or the lands immediately adjacent is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days, and the catch must be seized and forfeited as provided in Section 50-17-1615.;

(2) by taking more than ninety-six quarts of whole shrimp or fifty-eight quarts of headed shrimp, including ice, or for a second or subsequent offense of possession of any number of quarts of shrimp over the lawfully daily catch limit or the lawful possession limit is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days. In addition, the boat, motor, trailer, rigging, coolers, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-1615."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform

Rep. PEARCE explained the amendment.

POINT OF ORDER

Rep. HOLT 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 statewide day.

The SPEAKER sustained the Point of Order.

REPORT OF STANDING COMMITTEE

Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, and Rep. SIMPSON, for the minority, submitted an unfavorable report, on:

S. 347 -- Senator Setzler: A BILL TO AMEND SECTION 56-5-4060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIBLE WEIGHT OF VEHICLES OPERATING ON THE HIGHWAYS, SO AS TO PERMIT AN AUTOMOBILE TRANSPORTER UNIT WITH A HEIGHT OF NO MORE THAN FOURTEEN FEET TO OPERATE AND TO IMPOSE STRICT LIABILITY FOR DAMAGES INCURRED BECAUSE OF THE ADDITIONAL HEIGHT ALLOWANCE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3130 -- Rep. Waldrop: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE STROTHER D. PAYSINGER, JR., OF THE CITY OF NEWBERRY IN NEWBERRY COUNTY.

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

CONCURRENT RESOLUTION

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

H. 3131 -- Rep. O. Phillips: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA AERONAUTICS COMMISSION TO NAME THE NEW AIRPORT HANGARS AT THE AERONAUTICS COMMISSION CENTER IN COLUMBIA AS THE JOSEPH B. WILDER FLIGHT FACILITY.

Whereas, the Honorable Joseph B. Wilder of Barnwell served the South Carolina Aeronautics Commission for over thirty years, including being chairman of the Commission, until his retirement from the Commission in 1986; and

Whereas, throughout his tenure on the Aeronautics Commission he rendered dedicated service to the people of South Carolina in the promotion and development of aviation in this State; and

Whereas, he retired as a member of the Aeronautics Commission in 1986 upon his election to the South Carolina House of Representatives; and

Whereas, the members of the General Assembly believe that it would be a fitting tribute to this outstanding individual if the new airport hangars at the Aeronautics Commission Center in Columbia were named in his honor. Now, therefore,

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

That the members of the General Assembly hereby request the South Carolina Aeronautics Commission to name the new airport hangars at the Aeronautics Commission Center in Columbia as the Joseph B. Wilder Flight Facility.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Aeronautics Commission.

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

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3132 -- Rep. J. Rogers: A BILL TO AMEND SECTION 56-3-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR PUBLICLY OWNED MOTOR VEHICLES, SO AS TO EXEMPT AUTOMOBILES SUPPLIED TO MEMBERS OF THE DEVELOPMENT BOARD.

Rep. T. ROGERS asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. KLAPMAN objected.

Referred to the Committee on Education and Public Works.

S. 316 -- Senator Pope: A BILL TO AMEND SECTION 40-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF APPLICANTS FOR DENTAL, DENTAL HYGIENIST, AND DENTAL TECHNICIAN LICENSES, SO AS TO PROVIDE THAT DENTAL EXAMINATIONS MUST BE GIVEN ANNUALLY AND DENTAL HYGIENIST AND DENTAL TECHNICIAN EXAMINATIONS MUST BE GIVEN QUARTERLY.

Referred to the Committee on Medical, Military, Public and Municipal Affairs.

S. 457 -- Senators Giese, Thomas, Macaulay and McConnell: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO PERMIT A PARENT OR GUARDIAN TO EDUCATE HIS CHILD OR WARD AT HOME AND TO ESTABLISH REQUIREMENTS FOR HOME INSTRUCTION.

Referred to the Committee on Education and Public Works.

S. 725 -- Senator Mitchell: A BILL TO AMEND SECTION 58-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REGIONAL TRANSPORTATION AUTHORITY LAW, SO AS TO DEFINE FINANCIAL CONTRIBUTION; AND TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD MEMBERS AND EMPLOYEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE THREE ADDITIONAL MEMBERS OF THE BOARD BY THE LEGISLATIVE DELEGATIONS OF THE MEMBER COUNTIES AND METHODS OF APPORTIONMENT OF THE BOARD MEMBERS.

Referred to the Committee on Education and Public Works.

S. 748 -- Senator Bryan: A BILL TO AMEND ACT 464 of 1986, RELATING TO THE ADOPTION OF CHILDREN, SO AS TO PROVIDE FOR ADOPTION PROCEEDINGS IN PROGRESS BEFORE THE EFFECTIVE DATE OF THE ACT IN WHICH CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR THE PURPOSE OF ADOPTION TO BE CARRIED TO CONCLUSION PURSUANT TO THE ADOPTION PROVISIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS THEY EXISTED BEFORE THE EFFECTIVE DATE.

Referred to the Committee on Judiciary.

S. 754 -- Senator Powell: A BILL TO PROVIDE THAT THE TERMS OF ALL SCHOOL TRUSTEES IN ABBEVILLE COUNTY MUST COMMENCE ON THE FIRST DAY OF JULY FOLLOWING THE TRUSTEES' ELECTION RATHER THAN THE TIME SPECIFIED IN SECTION 59-19-315 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.

Referred to Abbeville Delegation.

S. 759 -- Senator Lee: A BILL TO AMEND ACT 1120 OF 1960, AS AMENDED, RELATING TO THE LIBERTY-CHESNEE-FINGERVILLE WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO PROVIDE FOR THE ELECTION INSTEAD OF THE APPOINTMENT OF THE MEMBERS OF THE COMMISSION TO BEGIN IN 1989, PROVIDE FOR THE TERMS OF OFFICE, STAGGERING OF TERMS, METHOD BY WHICH CANDIDATES' NAMES MAY BE PLACED ON THE BALLOT, AND FOR FILLING OF VACANCIES.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

HOUSE RESOLUTION

The following was introduced:

H. 3133 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2368, RELATING TO LOCAL GOVERNMENT FINANCES, FOR SECOND READING OR OTHER CONSIDERATION AT 11:00 A.M. ON WEDNESDAY, MAY 13, 1987, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2368 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 2368 be set by special order for second reading or other consideration at 11:00 a.m. on Wednesday, May 13, 1987, and continuing each legislative day thereafter immediately following consideration of Senate amendments on bills until H. 2368 is given second and third reading or it is otherwise disposed of.

Rep. TOAL explained the House Resolution.

The Resolution was then adopted by a division vote of 69 to 21.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Bradley, P.            Brown, C.
Brown, H.              Brown, J.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Cork                   Corning
Dangerfield            Davenport              Day
Derrick                Edwards                Evatt
Faber                  Fair                   Felder
Ferguson               Foxworth               Gilbert
Gregory                Harris, J.             Harris, P.
Harvin                 Haskins                Hawkins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Kohn
Koon                   Lewis                  Limehouse
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McKay
McLellan               McLeod, E.B.           McLeod, J.W.
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Ogburn
Pearce                 Pettigrew              Petty
Phillips, L.           Phillips, O.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Simpson                Snow
Stoddard               Sturkie                Taylor
Thrailkill             Toal                   Townsend
Tucker                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams
Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 12, 1987.

Paul Short                        B.J. Gordon
Samuel R. Foster                  Dick Elliott
Total Present--122

STATEMENT OF ATTENDANCE

Rep. TAYLOR 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, May 7, 1987.

DOCTOR OF THE DAY

Announcement was made that James E. Kay of Sumter, is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.

H. 3119 -- Charleston Delegation: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1987-88 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1987-88.

H. 3129 -- Reps. Keyserling, White and Cork: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BEAUFORT COUNTY BOARD OF EDUCATION MUST BE ELECTED BEGINNING IN 1988, INCLUDING THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE BOARD MUST BE ELECTED, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS SO ELECTED.

H. 2831 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 87 IN TITLE 44 SO AS TO REQUIRE LICENSING OF ASBESTOS ABATEMENT PROJECTS AND ASBESTOS REMOVAL CONTRACTORS, SUPERVISORS, WORKERS, AIR SAMPLING PROFESSIONALS, AND CONSULTANTS, TO PROVIDE A SCHEDULE OF FEES FOR THE LICENSES, AND TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS.

H. 2556 -- Reps. M.O. Alexander, Sheheen, Foxworth, Mattos, Rice, Nesbitt, J.W. Johnson, Baker, Hayes, Hodges, Wilkins, McLellan, Klapman, P. Bradley, Clyborne, T.C. Alexander, McCain, Dangerfield, Ogburn, Fair and Derrick: A BILL TO AMEND SECTION 55-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN OWNER'S, LESSEE'S, OR OPERATOR'S LIABILITY FOR DAMAGES CAUSED BY HIS AIRCRAFT, SO AS TO PROVIDE THAT WHERE AN AIRCRAFT IS STOLEN FROM THE OWNER OR LESSEE, THE OWNER OR LESSEE IS NOT LIABLE FOR ANY INJURIES OR DAMAGES RESULTING FROM THIS UNAUTHORIZED USE.

H. 2750 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 14-23-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOOKS, EQUIPMENT, AND PERSONNEL OF EACH COUNTY PROBATE COURT, SO AS TO PROVIDE THAT IF THE PROBATE COURT MAINTAINS THE ORIGINAL OF A DOCUMENT IN THE MASTER FILE OF A MATTER AND A COPY OF THAT DOCUMENT ON MICROFILM OR ON ANOTHER SIMILAR SYSTEM, THEN IT IS NOT NECESSARY FOR THE PROBATE COURT TO MAINTAIN A SECOND SEPARATE BOOK WITH COPIES OF THOSE TYPES OF DOCUMENTS PROVIDED A GENERAL INDEX OR AN INDEX FOR THOSE TYPES OF DOCUMENTS ARE MAINTAINED.

H. 2908 -- Ethics Committee: A BILL TO AMEND SECTION 8-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO REDEFINE "BUSINESS WITH WHICH HE IS ASSOCIATED" AS ONE WHO HOLDS STOCK CONSTITUTING FIVE PERCENT OR MORE OF THE TOTAL OUTSTANDING STOCK OF ANY CLASS OR AS ONE WHO HOLDS STOCK WORTH TEN THOUSAND DOLLARS OR MORE AT FAIR MARKET VALUE.

H. 2916 -- Ethics Committee: A BILL TO AMEND SECTION 8-13-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO PROVIDE ADDITIONAL PENALTIES FOR VIOLATIONS.

H. 2927 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 16 AND NEW VOLUMES 11A, 16A, AND 20B OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE; AND TO ADOPT THE 1986 CUMULATIVE SUPPLEMENTS TO THE CODE OF LAWS AS PART OF THE CODE AND PROVIDE THAT THESE SUPPLEMENTS, VOLUMES AS SUPPLEMENTED BY THEM, AND THE REPLACEMENT VOLUMES CONSTITUTE THE ONLY GENERAL PERMANENT STATUTORY LAWS OF THE STATE AS OF JANUARY 1, 1987.

H. 2963 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 43-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO REVISE THE PROVISIONS ALLOWING FOR REIMBURSEMENTS FOR COSTS FOR CHILDREN BY PROVIDING REIMBURSEMENT WHEN THE CHILDREN HAVE SOUGHT ASSISTANCE IN SECURING SUPPORT WHETHER OR NOT THEY ARE ELIGIBLE FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND REGARDLESS OF THE ECONOMIC CIRCUMSTANCES, TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES, AND TO PROVIDE FOR FISCAL INCENTIVES PAID TO THE DEPARTMENT TO BE REINVESTED IN THE CHILD SUPPORT ENFORCEMENT PROGRAM.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 392 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 2930--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the following Joint Resolution until Thursday, May 14, which was adopted.

H. 2930 -- Rep. McLellan: A JOINT RESOLUTION TO CONTINUE THE APPLICABLE PROVISIONS AND APPROPRIATIONS OF ACT 540 OF 1986 FOR A CERTAIN PERIOD.

H. 2444--DEBATE ADJOURNED

The following Bill was taken up.

H. 2444 -- Rep. McLellan: A BILL TO AMEND SECTION 40-75-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE, AND RELATED MATTERS, UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO PROVIDE THAT, FOLLOWING THE RECEIPT OF A QUALIFYING DEGREE, APPLICANTS FOR THE LICENSE OF "LICENSED MARITAL AND FAMILY THERAPIST" SHALL, IN ADDITION TO OTHER QUALIFICATIONS, HAVE HAD TWO YEARS OF FULL-TIME WORK EXPERIENCE WHICH INCLUDES TWO HUNDRED HOURS OF SUPERVISION OF WHICH ONE HUNDRED HOURS MUST HAVE BEEN INDIVIDUAL SUPERVISION IN THE PRACTICE OF MARITAL AND FAMILY THERAPY; AND TO AMEND SECTION 40-75-110, RELATING TO THE ISSUANCE OF A LICENSE UNDER THE SAME ACT, SO AS TO PROVIDE THAT THE ADMINISTERING BOARD SHALL ISSUE A LICENSE TO ANY QUALIFIED APPLICANT WHO, AMONG OTHER THINGS, PASSES A BOARD-APPROVED, RATHER THAN A BOARD-CONDUCTED, EXAMINATION.

The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 (Doc. No. 4543Y).

Amend the bill, as and if amended, by striking SECTION 1 as contained in the bill and inserting in lieu thereof the following:

/SECTION 1. Section 40-75-100 of the 1976 Code is amended to read:

"Section 40-75-100. All applicants for licensure shall meet all of the following qualifications:

(1) reside or intend to practice in the State;

(2) pay an application fee;

(3) complete any forms prescribed by the board.

In addition to items (1) through (3) of this section, applicants shall meet the following qualifications for the respective license for:

(A) 'Licensed Professional Counselor':

(i) have earned a doctoral degree which is primarily professional counseling in content and includes clinical experience or the substantial equivalent, and, following the receipt of the degree, have had two years of full-time work experience in a counseling setting that meets the requirements established by the board; or

(ii) have earned a master's degree which is primarily professional counseling in content or the substantial equivalent, and, following the receipt of the degree, have had two years of full-time work experience in a counseling, educational, or community agency setting that meets the requirements established by the board. The work experience shall must include one thousand five hundred hours of direct clinical contact with either children, adolescents, or adults; one hundred fifty of these hours shall must include individual supervision, fifty hours of which may be group supervision, in the practice of counseling.

(B) 'Licensed Associate Counselor': have earned a master's degree which is primarily counseling in content and includes clinical experience and have filed a board-approved plan for practice under the supervision of the board.

(C) 'Licensed Marital and Family Therapist': have earned a master's degree which is primarily marital and family therapy in content, or have taken an equivalent course of study and degree which includes marital and family therapy as determined by the board by regulation, and includes clinical experience or the substantial equivalent. Following the receipt of a qualifying degree, these applicants shall must also have had two years of full-time work experience which includes one thousand hours of direct clinical contact with couples and families and two hundred hours of supervision of which one hundred hours must have been individual supervision in the practice of marital and family therapy. The These twelve hundred hours of clinical contact and supervised experience must have been obtained working in a marital and family therapy setting that meets the requirements established by the board by regulation. All degrees submitted as evidence of educational achievement must have been earned at regionally accredited institutions of higher learning. The board in its regulations shall establish criteria for determining acceptable supervised experience and the qualifications of the supervisor. The board shall notify each applicant not less than thirty days prior to the examination that the application and evidence submitted is satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall must state the reason or reasons for rejection."/

Amend title to conform.

Rep. LOCKEMY explained the amendment.

Rep. KLAPMAN moved to adjourn debate upon the Bill until Wednesday, May 13, which was adopted.

S. 261--OBJECTIONS

The following Bill was taken up.

S. 261 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 40-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, SO AS TO REDEFINE TERMS AND ADD ADDITIONAL DEFINITIONS; TO AMEND SECTION 40-35-30, RELATING TO THE LICENSING AUTHORITY OF THE BOARD, SO AS TO PROVIDE FOR THE LICENSING OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED; AND TO AMEND SECTION 40-35-140, RELATING TO THE LICENSING OF NURSING HOME OPERATORS, SO AS TO PROVIDE FOR THE LICENSING OF OPERATORS OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 7, by the Committee on Medical, Military, Public and Municipal Affairs.

Rep. WHITE explained the amendment.

Reps. McEACHIN, LEWIS and GILBERT objected to the Bill.

H. 2012--RECONSIDERED

Rep. KAY moved to reconsider the vote whereby the House concurred in the Senate Amendments to the following Bill, which was agreed to.

H. 2012 -- Rep. Kay: A BILL TO AMEND SECTION 39-55-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS TO CEMETERY LAWS, SO AS TO PROVIDE THAT CHURCH CEMETERIES ARE EXEMPT EXCEPT AS PROVIDED IN SECTION 39-55-300 AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-55-300 SO AS TO REQUIRE A CHURCH WHICH RECEIVES MONEY FOR THE MAINTENANCE OF ITS CEMETERY TO KEEP THE MONEY IN A SEPARATE FUND, TO MAKE IT UNLAWFUL TO USE THE FUND FOR ANY PURPOSE OTHER THAN FOR THE MAINTENANCE OF THE CEMETERY, AND TO PROVIDE PENALTIES.

S. 367--DEBATE ADJOURNED

Rep. HAWKINS moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.

S. 367 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS; AMEND SECTION 40-47-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF PHYSICIANS' ASSISTANTS AT MEETINGS OF THE BOARD, SO AS TO DELETE THE PROVISION AUTHORIZING A REPRESENTATIVE OF THE SOUTH CAROLINA ACADEMY OF PHYSICIANS' ASSISTANTS TO ATTEND BOARD MEETINGS AND SPEAK TO MATTERS AFFECTING PHYSICIANS' ASSISTANTS AND PROVIDE THAT THE BOARD SHALL APPOINT A PHYSICIAN'S ASSISTANTS' ADVISORY COMMITTEE, PROVIDE FOR ITS COMPOSITION, TERMS, AND POWERS, AND PROVIDE THAT THE BOARD MAY AUTHORIZE INDIVIDUAL PHYSICIANS TO SUPERVISE UP TO TWO PHYSICIANS' ASSISTANTS AND PROVIDE EXEMPTIONS; AND TO AMEND SECTION 40-47-90, RELATING TO ELIGIBILITY REQUIREMENTS TO APPEAR BEFORE THE BOARD FOR EXAMINATION, SO AS TO DELETE THE REQUIREMENTS THAT PERSONS APPEAR BEFORE THE BOARD BUT MAY BE REQUIRED TO APPEAR IF DETERMINED BY THE BOARD.

H. 3025--SENATE AMENDMENTS AMENDED
AND RETURNED TO THE SENATE

The Senate Amendments to the following Bill were taken up for consideration.

H. 3025 -- Rep. Felder: A BILL TO PROVIDE A PROCEDURE FOR THE ADOPTION OF THE ANNUAL BUDGET OF THE CALHOUN COUNTY SCHOOL DISTRICT AND TO REQUIRE THE CALHOUN COUNTY COUNCIL TO LEVY ANNUALLY SUFFICIENT MILLAGE TO FUND THE CALHOUN COUNTY BOARD OF EDUCATION, THE GRESSETTE CENTER, THE COUNTY'S ANNUAL CONTRIBUTION TO THE ORANGEBURG-CALHOUN TECHNICAL COLLEGE.

Rep. FELDER proposed the following Amendment No. 1 (Doc. No. 4511Y), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. For the school year 1987-88 and 1988-89, the governing body of Calhoun County constitutes the authority for the limiting and levy of school taxes in the county and any authority previously vested in the General Assembly and the legislative delegation is transferred to and vested in the governing body of Calhoun County by this act.

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to read:

/A BILL

TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY FOR SCHOOL YEARS 1987-88 AND 1988-89./

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 2715--INTERRUPTED DEBATE

The following Joint Resolution was taken up.

H. 2715 -- Rep. Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DIVORCES, SO AS TO ADD CONTINUOUS SEPARATION BECAUSE OF INCURABLE INSANITY FOR A PERIOD OF THREE YEARS AS A GROUND FOR DIVORCE.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 7, by the Committee on Judiciary.

Rep. WILKINS explained the amendment.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, Rep. WILKINS having the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2841 -- Reps. Edwards, M.D. Burriss, Cork and Taylor: A CONCURRENT RESOLUTION EXPRESSING THE SUPPORT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR DEVELOPMENT OF THE RESOURCES OF THE ARCTIC NATIONAL WILDLIFE REFUGE (ANWR) COASTAL PLAIN TO PROVIDE FOR FUTURE UNITED STATES ENERGY NEEDS AND TO REDUCE THE DANGEROUS OVERDEPENDENCE ON OIL IMPORTS, AND URGING CONGRESS TO ACT EXPEDITIOUSLY TO ENACT ANWR DEVELOPMENT LEGISLATION AND TO REJECT PROPOSALS PROVIDING FOR PERMANENT BANS ON OIL AND NATURAL GAS LEASING ON THE COASTAL PLAIN.

H. 3130 -- Rep. Waldrop: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE STROTHER D. PAYSINGER, JR., OF THE CITY OF NEWBERRY IN NEWBERRY COUNTY.

ADJOURNMENT

At 1:02 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 10:00 A.M. tomorrow.

* * *


This web page was last updated on Tuesday, June 30, 2009 at 1:39 P.M.