Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, good Lord, for these moments of prayer when we are delivered from the tumult of the world and the drive of daily duties. Make us always sensitive of Your presence overarching all our activities, seeking to guide our every endeavor. When we are inclined to strive in our own strength, enable us to hear clearly the words of the Psalmist: "Before the mountains were brought forth, or ever You had formed the earth and the world, even from everlasting to everlasting You are God".
"Lord God of hosts, be with us yet, lest we forget, lest we forget".
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 yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., March 15, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1217:
S. 1217 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF EXCESSIVE OR UNREASONABLE RATES BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO AUTHORIZE HIM TO ORDER A REFUND OF PREMIUMS WHERE A DETERMINATION THAT EXCESSIVE OR UNREASONABLE PROFITS HAVE BEEN REALIZED; AND TO REPEAL SECTION 38-73-465 RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO ORDER RATES OF INDIVIDUAL INSURERS TO BE REVISED AND EXCESSIVE BENEFITS REBATED UNDER CERTAIN CONDITIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
H. 3774 -- Reps. J. Rogers, M.D. Burriss, Aydlette, J. Brown, Taylor, J. Harris, Sheheen and Humphries: A CONCURRENT RESOLUTION URGING AMTRAK TO INSIST ON THE PERFORMANCE OF THE TERMS OF ITS CONTRACT WITH CSX TRANSPORTATION, INC., WHICH INCLUDES FURNISHING PASSENGER RAIL SERVICE ALONG THE ROUTE FROM SAVANNAH, GEORGIA, TO COLUMBIA, SOUTH CAROLINA, TO RALEIGH, NORTH CAROLINA.
Amend title to conform.
Whereas, CSX Transportation, Inc., proposes to discontinue passenger rail service along the route from Savannah, Georgia, to Columbia, South Carolina, to Raleigh, North Carolina; and
Whereas, this proposal, if put into effect, would end a very significant transportation link among the three major cities; and
Whereas, there is a contractual agreement between Amtrak and CSX for rail service which has not been performed; and
Whereas, the proposal by CSX, which owns the rail lines, apparently would cause Amtrak, the provider of the passenger rail service, to reroute its trains elsewhere in derogation of the contract and would result in an adverse impact of a very serious nature. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That Amtrak is urged to insist on the performance of the terms of its contract with CSX Transportation, Inc., which includes furnishing passenger rail service along the route from Savannah, Georgia, to Columbia, South Carolina, to Raleigh, North Carolina, to Petersburg, Virginia.
Be it further resolved that a copy of this resolution be forwarded to Mr. Harold Henderson, acting president of Amtrak, to the Secretary of Transportation in Washington, D.C., and to each member of South Carolina's congressional delegation in Washington, D.C.
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 3974 -- Reps. Barfield, Elliott, Pearce and Thrailkill: A CONCURRENT RESOLUTION TO RECOGNIZE SHERIFF M. L. BROWN, JR., OF HORRY COUNTY, UPON HIS ANNOUNCEMENT THAT HE WILL RETIRE FROM PUBLIC LIFE AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3975 -- Rep. Edwards: A CONCURRENT RESOLUTION CONGRATULATING DR. G. B. HODGE OF SPARTANBURG COUNTY UPON BEING NAMED THE "NEVILLE HOLCOMBE DISTINGUISHED CITIZEN" BY THE' SPARTANBURG AREA CHAMBER OF COMMERCE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3976 -- Rep. Petty: A CONCURRENT RESOLUTION CONGRATULATING MR. MITCH STEWART OF SPARTANBURG COUNTY UPON BEING NAMED "SOUTH CAROLINA PARAMEDIC OF THE YEAR" AND COMMENDING HIM FOR HIS OUTSTANDING SERVICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3977 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE MR. LARRY FOSTER OF CHESTERFIELD IN CHESTERFIELD COUNTY FOR BEING NAMED KAPPA MAN OF THE YEAR BY THE CHERAW CHAPTER OF KAPPA ALPHA PSI FRATERNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3978 -- Reps. Helmly, H. Brown, Day and Williams: A CONCURRENT RESOLUTION RECOGNIZING THE OUTSTANDING CONTRIBUTIONS RENDERED BY MR. LOUIS SALGUEIRO OF BERKELEY COUNTY OF TIME, TALENT, AND ENERGY TO HIS COMMUNITY, AND EXPRESSING TO HIM SINCERE BEST WISHES FOR CONTINUED SUCCESS AND WELL-BEING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1314 -- Senator Garrison: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE CONTRIBUTIONS OF SOUTH CAROLINA LIBRARIES ON THE OCCASION OF NATIONAL LIBRARY WEEK, APRIL 17-23, 1988.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1315 -- Senator Leatherman: A CONCURRENT RESOLUTION RECOGNIZING THE WEEK OF APRIL 10-16, 1988, AS NATIONAL BUILDING SAFETY WEEK, EXPRESSING HIGHEST TRIBUTE TO THE NUMEROUS CITY, COUNTY, AND STATE CODES-ENFORCEMENT OFFICIALS, AND COMMENDING THEM FOR THEIR COMMITMENT, DEDICATION, AND UNTIRING EFFORTS TO ASSURE THE HEALTH, SAFETY, AND WELFARE OF EVERY CITIZEN OF THIS STATE.
Whereas, the South Carolina Building Codes Council, the State Fire Marshal's Office, the State Fire Commission, and the Building Officials Association of South Carolina, as well as all city and county building, electrical, plumbing, mechanical, and fire prevention officials in the State, have joined together to support National Building Safety Week April 10-16, 1988; and
Whereas, the purpose of this event is to provide the citizens of this State with an awareness of the important health and safety services provided by codes-enforcement officials and inspectors; and
Whereas, it is altogether fitting and proper for the General Assembly to enhance public awareness and understanding of building safety, to recognize and commend publicly all city, county, and state codes-enforcement personnel, and to support the concept of National Building Safety Week. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, recognizes the week of April 10-16, 1988, as National Building Safety Week, expresses its highest tribute to the numerous city, county, and state codes-enforcement officials, and commends them for their commitment, dedication, and untiring efforts to assure the health, safety, and welfare of every citizen of this State.
Be it further resolved that a copy of this resolution be forwarded to Mr. William Anderson, Chairman of the South Carolina Building Codes Council, to Mr. Richard S. Campbell, State Fire Marshal, and to Mr. William Ramsey, President of the Building Officials Association of South Carolina.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3979 -- Rep. J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-21-830 SO AS TO PROVIDE THAT FOR PURPOSES OF RECEIVING INCENTIVE REWARDS UNDER THE TEACHER INCENTIVE PROGRAM, AN ABSENCE MEANS A TWENTY-FOUR HOUR PERIOD AWAY FROM THE JOB FOR ANY REASON.
Referred to Committee on Education and Public Works.
H. 3980 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 52-7-160 SO AS TO PROHIBIT ANY INSTITUTION OF HIGHER LEARNING FROM DISCRIMINATING IN NEGOTIATIONS OR CONTRACTUAL MATTERS WITH ENTITIES WHO WISH TO USE ANY BUILDING OR OTHER FACILITY OWNED BY THE INSTITUTION FOR THE CONDUCT OF ATHLETIC EVENTS WHEN THOSE EVENTS ARE HELD UNDER THE JURISDICTION OR APPROVAL OF A NATIONALLY RECOGNIZED ORGANIZATION AND APPROVED BY THE STATE ATHLETIC COMMISSION.
Referred to Committee on Education and Public Works.
H. 3981 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-35-555, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAXES ON THE SALE OF MOTOR VEHICLES TO NONRESIDENTS, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE SALE OF TRAILERS, SEMI-TRAILERS, AND POLE TRAILERS, AND TO PROVIDE THAT NO SALES TAXES ON THESE SALES MAY BE IMPOSED UNDER CERTAIN CONDITIONS.
Referred to Committee on Ways and Means.
H. 3982 -- Reps. Limehouse, J. Bradley, O. Phillips, Chamblee, Klapman, Stoddard, Simpson, Nesbitt, Arthur and J.W. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-225 SO AS TO PROVIDE A PROCEDURE TO BE FOLLOWED IN EVERY CASE WHERE AN APPLICATION IS FILED WITH THE STATE BOARD OF COSMETOLOGY BY ANY PUBLIC OR NONPROFIT OR TAX-SUPPORTED INSTITUTION OR ENTITY FOR A LICENSE TO OPERATE A PUBLIC/NONPROFIT SCHOOL OF COSMETOLOGY OR ANY OF ITS PRACTICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3983 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 104 TO TITLE 59 SO AS TO PROVIDE INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE BY DETAILING THE GOALS OF THE COMMISSION ON HIGHER EDUCATION RELATING TO EXCELLENCE FOR STUDENTS, INSTRUCTION AND EDUCATIONAL SERVICES, RESEARCH FOR ECONOMIC DEVELOPMENT, AND IMPROVING ACCOUNTABILITY THROUGH PLANNING AND ASSESSMENT AND BY ADDING SECTION 59-112-65 SO AS TO PROVIDE FOR THE PAYMENT BY OUT-OF-STATE UNDERGRADUATE STUDENTS AT STATE SUPPORTED COLLEGES AND UNIVERSITIES OF THE EDUCATIONAL AND GENERAL OPERATIONS OF THE INSTITUTION IN WHICH THEY ARE ENROLLED; TO AMEND SECTION 59-103-10, RELATING TO THE MEMBERSHIP OF THE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE BASED UPON THE RECOMMENDATION OF THE MAJORITY OF THE LEGISLATIVE DELEGATION MEMBERS FROM THE DISTRICT, PROVIDE THAT SIX MEMBERS MUST BE APPOINTED FROM THE STATE AT LARGE WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE FOR THE DETERMINATION OF WHEN A MEMBER HAS SERVED THE MAXIMUM NUMBER OF TERMS, REQUIRE MEMBERS RECOMMENDED BY THE GENERAL ASSEMBLY TO BE RESIDENTS OF THE APPROPRIATE CONGRESSIONAL DISTRICT, AND DELETE PROVISIONS RELATING TO REPRESENTATION ON THE COMMISSION AND NOTIFICATION OF MEETINGS; SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGETS TO THE COMMISSION BY PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REQUIRE THE BUDGETS TO INCLUDE FUNDS DERIVED FROM APPROVED PRIVATE PRACTICE PLANS, PROVIDE FOR PROGRAMS AT A TECHNICAL AND COMPREHENSIVE EDUCATION INSTITUTION NOT TO BE TERMINATED PURSUANT TO THE COMMISSION'S RECOMMENDATION WHICH IS THE SUBJECT OF AN APPEAL, AND DELETE THE PROVISIONS DETAILING TIME LIMITS ON FEDERAL GRANT REVIEW AND BUDGET REVIEW FORMAT REQUIREMENTS AND THE PROVISIONS REQUIRING GENERAL ASSEMBLY APPROVAL OF A NEW PROGRAM, LIMITING THE APPLICATION OF THE CHAPTER, AND LIMITING THE TERMINATION OF EXISTING PROGRAMS; AND SECTION 59-113-10, RELATING TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE, SO AS TO CHANGE THE REFERENCE TO COMMITTEE TO COMMISSION, PROVIDE FOR THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION ON HIGHER EDUCATION OR HIS DESIGNEE TO SERVE ON THIS COMMISSION, PROVIDE FOR THIS COMMISSION TO BE RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND REPORT AT LEAST ANNUALLY TO THAT BODY, AND DELETE THE PROVISIONS FOR THE INITIAL COMMITTEE MEMBERS; TO REPEAL SECTION 59-112-70, RELATING TO ABATEMENT OF RATES FOR NONRESIDENTS ON SCHOLARSHIP; TO PROVIDE FOR THE CONTINUED SERVICE OF THE PRESENT COMMISSION MEMBERS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE IN THE CODE TO THE HIGHER EDUCATION TUITION GRANT COMMISSION.
Without reference.
H. 3984 -- Reps. Klapman, T. Rogers, Limehouse, Sturkie, Winstead, Stoddard, Sharpe, J. Bradley, Keyserling, Jones, Mappus, Boan, Pearce, Baker, Nesbitt, Foxworth, Derrick, Hayes, Lewis, Bennett, M.O. Alexander, McGinnis, McLellan, Kirsh, Day, McTeer, Rice, Foster, Huff, Barfield, Cole, Wilkins, Cooper, Blackwell, H. Brown, McCain and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-7-735 SO AS TO PROVIDE THAT BEFORE ANY PUBLIC BODY MAY MEET TO CONSIDER THE ZONING OF OR A CHANGE IN THE ZONING OF PROPERTY LOCATED WITHIN ONE AND ONE-HALF MILES OF AN ELEMENTARY OR SECONDARY SCHOOL, IT MUST FIRST GIVE THIRTY DAYS WRITTEN NOTICE OF THE MEETING AND THE PROPOSED ZONING OR ZONING CHANGE TO THE GOVERNING BOARD OF THE SCHOOL DISTRICT OF WHICH THAT SCHOOL IS A PART, AND TO PROVIDE THAT ANY ZONING OR ZONING CHANGE APPROVED WHERE THIS REQUIRED NOTICE WAS NOT GIVEN IS NULL AND VOID.
Referred to Committee on Judiciary.
H. 3985 -- Reps. Dangerfield, Whipper, Aydlette, Washington, Mappus, J. Bradley, Holt, Foxworth, Winstead, D. Martin and Kohn: A BILL TO AMEND SECTION 6-25-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANAGEMENT AND CONTROL OF A JOINT MUNICIPAL WATER SYSTEM, SO AS TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL COMMISSIONERS BY THE GOVERNING BODY OF A MEMBER OF THE SYSTEM.
Referred to Committee on Judiciary.
H. 3986 -- Reps. Snow and Gordon: A BILL TO DESIGNATE A ROAD IN WILLIAMSBURG COUNTY AS THE "CHUBBY CHECKER HIGHWAY".
Rep. SNOW asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. ALTMAN objected.
Referred to Committee on Education and Public Works.
H. 3987 -- Reps. Huff, Hodges and McElveen: A JOINT RESOLUTION PROPOSING THE REPEAL OF SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ALLOWANCE OF DIVORCES FROM THE BONDS OF MATRIMONY.
Referred to Committee on Judiciary.
H. 3988 -- Reps. Clyborne, Haskins and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-7-175 SO AS TO AUTHORIZE THE ISSUANCE OF A SUBPOENA DUCES TECUM BY A CORONER IN DEATH INVESTIGATIONS, AND TO PROVIDE CONTEMPT PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary.
S. 624 -- Senator Saleeby: A BILL TO AMEND SECTIONS 4-5-170 THROUGH 4-5-200 AND SECTION 4-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR CHANGING THE BOUNDARIES OF A COUNTY, SO AS TO PROVIDE THAT WHERE THE AREA PROPOSED TO BE ANNEXED TO A COUNTY IS LESS THAN ONE HUNDRED ACRES AND IS OWNED BY TEN OR FEWER FREEHOLDERS AND UPON COMPLIANCE WITH THE PROVISIONS OF SECTIONS 4-5-120 THROUGH 4-5-160 THE GOVERNOR SHALL ORDER THE COUNTY BOARD OF ELECTIONS IN THE COUNTY IN WHICH THE AREA PROPOSED TO BE ANNEXED IS LOCATED TO CANVASS THE QUALIFIED ELECTORS RESIDING IN THE AREA AS TO WHETHER THE AREA PROPOSED TO BE ANNEXED SHOULD BE TRANSFERRED TO THE ANNEXING COUNTY AND TO PROVIDE A PROCEDURE FOR THIS CANVASSING PROCESS; AND TO MAKE CORRESPONDING AMENDMENTS TO THOSE CODE SECTIONS AFFECTED BY THIS CANVASSING PROCEDURE.
Referred to Committee on Judiciary.
S. 745 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5- 125 SO AS TO PROVIDE FOR WRITTEN NOTIFICATION OF REGISTRATION TO VOTE; AND TO AMEND SECTION 7-13-710, RELATING TO PROOF OF THE RIGHT TO VOTE AND THE POLL LIST, SO AS TO REVISE THE VOTER IDENTIFICATION REQUIREMENTS BY PROVIDING FOR PROOF BY WRITTEN REGISTRATION NOTIFICATION.
Referred to Committee on Judiciary.
S. 962 -- Senator Powell: A BILL TO AMEND SECTIONS 9-1-470 AND 9-1-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY OF MEMBERSHIP IN THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE THAT ANY NONPROFIT CORPORATION CREATED UNDER THE PROVISIONS OF CHAPTER 35 OF TITLE 33, FOR THE PURPOSES OF SUPPLYING WATER AND SEWER, IS ELIGIBLE FOR MEMBERSHIP IN THE SYSTEM AND PROVIDE THAT IF THE CORPORATION BECOMES A MEMBER OF THE SYSTEM, ITS EMPLOYEES SHALL JOIN THE SYSTEM AS A CONDITION OF EMPLOYMENT.
Referred to Committee on Ways and Means.
S. 1313 -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO PROVIDE A METHOD FOR FILLING A VACANCY ON THE BOARD WHEN IT OCCURS LESS THAN ONE HUNDRED EIGHTY DAYS BEFORE THE NEXT GENERAL ELECTION.
Referred to Williamsburg Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Edwards Elliott Faber Fair Ferguson Foster Foxworth Gregory Harris, J. Harvin Haskins Hayes Helmly Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lanford Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McLeod, J.W. Nesbitt Pearce Pettigrew Petty Phillips, L. Rhoad Rice Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on March 16, 1988.
Doug McTeer Paul Derrick Denny Neilson John Rogers David Beasley E. Leroy Nettles Frank Gilbert Charles Sharpe E.W. Simpson B.L. Hendricks R.S. Corning John G. Felder Ken Bailey Robert A. Kohn Olin Phillips Donna Moss B.J. Gordon Larry Gentry Mickey Burriss Woody McKay James E. Lockemy
ORDERED TO THIRD READING
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3916 -- Reps. Derrick and Sturkie: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS OF LEXINGTON COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION BEGINNING IN 1990, PROVIDE THE MANNER OF ELECTION, AND EXTEND THE TERMS OF THE PRESENT MEMBERS.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3911 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 928, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3914 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO FIRE PREVENTION AND LIFE SAFETY BUILDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 925, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3513 -- Rep. Pearce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-21-127 SO AS TO PROVIDE A PROCEDURE FOR THE RELEASE OF COMMODITIES FROM WAREHOUSES REGULATED BY THE STATE DEPARTMENT OF AGRICULTURE; AND TO AMEND SECTIONS 39-21-130 AND 39-21-135, RELATING TO PENALTIES FOR VIOLATING WAREHOUSE RECEIPT REQUIREMENTS, SO AS TO EXEMPT THE PROVISIONS OF SECTION 39-21-127.
H. 3921 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE RANDOLPH-SHEPPHARD VENDING FACILITY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 862, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3880 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1988 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 11-1-25 OF THE 1976 CODE, RELATING TO INVESTMENT REPORTS OF THE STATE TREASURER, SO AS TO REDUCE THE REPORTING PERIOD FROM MONTHLY TO QUARTERLY AND TO DELETE THE REQUIREMENT FOR SEPARATE REPORTING OF THE COMPTROLLER GENERAL; TO AMEND SECTION 26-1-30 OF THE 1976 CODE, RELATING TO THE FEE FOR ISSUING OR RENEWING A NOTARY PUBLIC COMMISSION, SO AS TO INCREASE THE FEE FROM TWENTY TO TWENTY-FIVE DOLLARS; TO REPEAL CHAPTER 47, TITLE 46, OF THE 1976 CODE, "THE SOUTH CAROLINA STATE FAMILY FARM DEVELOPMENT AUTHORITY ACT," AND TO TRANSFER FUNDS HELD BY THE SOUTH CAROLINA CREDIT UNION LEAGUE PENDING THE CHARTER FOR THE CREDIT UNION OF THE FAMILY FARM DEVELOPMENT AUTHORITY, WHICH WAS NEVER GRANTED, TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE; TO AMEND ARTICLE 9, CHAPTER 9, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROJECTING AND FORECASTING STATE REVENUES AND EXPENDITURES, BY ADDING SECTION 11-9-825 SO AS TO AUTHORIZE THE BOARD OF ECONOMIC ADVISORS TO ESTABLISH AN ADVISORY BOARD; TO AMEND SECTION 11-9-820, RELATING TO THE MEMBERSHIP OF THE BOARD, SO AS TO ENLARGE AND CHANGE THE COMPOSITION OF THE BOARD AND PROVIDE STAFFING, ADMINISTRATIVE, AND LOGISTICAL SUPPORT BY THE DIRECTOR OF RESEARCH AND STATISTICAL SERVICES DIVISION OF THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 11-9-830, RELATING TO THE DUTIES OF THE BOARD, SO AS TO REQUIRE THE BOARD TO CERTIFY THE REVENUE PROJECTIONS USED AT EACH STAGE OF THE APPROPRIATIONS PROCESS; TO IMPOSE A TAX ON THE COMMERCIAL DISPOSAL BY INCINERATION OF INFECTIOUS WASTE EQUAL TO EIGHTEEN DOLLARS A TON ON WASTE GENERATED OUTSIDE THIS STATE AND THIRTEEN DOLLARS A TON ON WASTE GENERATED WITHIN THIS STATE, TO PROVIDE FOR THE DISPOSITION OF THE REVENUES, AND TO DEFINE "INFECTIOUS WASTE"; TO AMEND THE 1976 CODE BY ADDING SECTION 11-7-15, SO AS TO AUTHORIZE ACCESS BY THE STATE AUDITOR TO CONFIDENTIAL STATE RECORDS, TO PROVIDE THAT IN EXAMINING CONFIDENTIAL RECORDS, THE STATE AUDITOR OR HIS DESIGNEES ARE SUBJECT TO ALL NONDISCLOSURE LAWS, AND TO MAKE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE THE WORKING PAPERS AND MEMORANDA OF THE STATE AUDITOR; TO AMEND SECTION 12-27-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM THE REVENUE LEVIED IN SECTIONS 12-27-1210 THROUGH 12-27-1240, SO AS TO AUTHORIZE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO SPEND FROM THIS ACCOUNT AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS IN FISCAL YEAR 1988-89 AND THEREAFTER AN AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ANNUALLY FOR A STATE INFRASTRUCTURE MODEL; TO PROVIDE FOR THE RECOMPUTATION OF THE AVERAGE FINAL COMPENSATION OF CERTAIN STATE EMPLOYEES WHO SERVED UNDER CONTRACT AND WHO RETIRED DURING FISCAL YEAR 1985-86; TO AMEND SECTIONS 12-35-880, 12-35-890, 12-35-900, AND 12-35-910 OF THE 1976 CODE, RELATING TO THE USE TAX, SO AS TO REQUIRE USE TAXES TO BE PAID AND USE TAX RETURNS TO BE FILED ON A MONTHLY RATHER THAN QUARTERLY BASIS AND TO PROVIDE THAT A MONTHLY RETURN IS CONSIDERED TIMELY FILED IF THE RETURN IS POSTMARKED ON OR BEFORE THE FILING DEADLINE, AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-915, SO AS TO PROVIDE THAT A TAXPAYER IS LIABLE FOR USE TAX THAT DOES NOT EXCEED ONE HUNDRED DOLLARS A MONTH, THE TAX COMMISSION MAY AUTHORIZE THE TAXPAYER TO FILE QUARTERLY USE TAX RETURNS AND MAKE QUARTERLY USE TAX PAYMENTS; TO AMEND SECTION 59-21-320 OF THE 1976 CODE, RELATING TO STATE AID FOR SCHOOL BUILDING CONSTRUCTION, SO AS TO PROVIDE FIFTEEN DOLLARS PER PUPIL IN STATE AID FOR PUPILS IN PUBLIC KINDERGARTEN BEGINNING WITH THE 1988-89 FISCAL YEAR AND TO PROVIDE THAT ALL STATE AID UNDER THIS SECTION BE BASED ON THE ONE HUNDRED THIRTY-FIVE DAY COUNT OF AVERAGE DAILY MEMBERSHIP IN SCHOOL DISTRICTS AS OF THE LAST COMPLETED SCHOOL YEAR ENDING IN THE CALENDAR YEAR BEFORE THE CALENDAR YEAR IN WHICH THE FISCAL YEAR BEGINS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-449, SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO REPORT STATE AND LOCAL FUNDING REQUIREMENTS TO LOCAL ENTITIES THAT HAVE AUTHORITY TO LEVY SCHOOL TAXES; TO AMEND SECTION 12-35-1557 OF THE 1976 CODE, RELATING TO THE DUTIES OF SCHOOL DISTRICTS TO MAINTAIN THE PER PUPIL EFFORT FOR NONCAPITAL PROGRAM AND THE AVAILABLE WAIVER OF THE REQUIREMENTS SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY OBTAIN A WAIVER FROM THE STATE BOARD OF EDUCATION UPON A SHOWING THAT THE DISTRICT HAS ACHIEVED AVAILABLE OPERATING EFFICIENCIES AND ALL EDUCATIONAL REQUIREMENTS ARE BEING MET; TO AMEND SECTION 59-20-40, AS AMENDED, OF THE 1976 CODE, RELATING TO STATE AID TO SCHOOL DISTRICTS PURSUANT TO THE EDUCATION FINANCE ACT, SO AS TO ADD A WEIGHTING FOR ADULT EDUCATION AND TO PROVIDE THAT THE NUMBER OF WEIGHTED ADULT EDUCATION PUPIL UNITS FUNDED DEPENDS ON THE AVAILABILITY OF GENERAL FUND REVENUES AND EDUCATION IMPROVEMENT ACT OF 1984 FUND RESERVES WITH NO LOCAL MATCH REQUIRED; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-448 SO AS TO PROHIBIT THE USE OF FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY TO RAISE SALARIES OF PUBLIC SCHOOL PRINCIPALS AND PUBLIC VOCATIONAL SCHOOL DIRECTORS TO MEET THE REQUIREMENTS OF ANY REGULATION PROMULGATED BY THE STATE BOARD OF EDUCATION ESTABLISHING A MINIMUM DIFFERENTIAL IN THE SALARIES OF TEACHERS AND PRINCIPALS OR VOCATIONAL SCHOOL DIRECTORS.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1215 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, RELATING TO PARKS AND RECREATION DEVELOPMENT FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 949, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3713 -- Reps. Pearce, Sheheen, J. Rogers, White, McLellan, L. Phillips, Foxworth, Wells, Sharpe, Bennett, Sturkie, K. Bailey, Mappus and Gilbert: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A PERMIT.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0066r).
Amend the bill, as and if amended, by striking Section 48-39-290 and inserting:
/Section 48-39-290.
(A) If a habitable structure existing on the date of enactment of this legislation seaward of the setback line is damaged by natural causes or fire, it may be repaired by the owner provided that:
(1) the total square footage of the repaired structure does not exceed the total square footage of the original structure; and
(2) the linear footage along the coast of the repaired structure does not exceed the linear footage along the coast of the original structure; and
(3) the structure, as repaired, cannot be any further seaward than the original structure; and
(4) all repairs are permitted by local zoning and building authorities.
(B) If a habitable structure existing on the date of enactment of this legislation seaward of the setback line is destroyed beyond repair by natural causes or fire, it may be replaced by the owner provided that:
(1) the total square footage of the replaced structure does not exceed the total square footage of the original structure; and
(2) the linear footage along the coast of the replaced structure does not exceed the linear footage along the coast of the original structure; and
(3) the structure, as replaced, cannot be any further seaward than the original structure; and
(4) the replaced structure is permitted by local zoning and building authorities; and
(5) where possible, the replaced structure must be moved behind the setback line; if not possible, then as far landward as possible; and
(6) any erosion control device protecting the replaced structure conforms to the requirements as set forth in subitem (2) of subsection (C) of this section; and
(7) the owner renourishes the beach in front of the property on a yearly basis with an amount and type of sand to be approved by the Coastal Council, but which in no event shall be less than one and one-half times the yearly volume of sand lost due to erosion. However, the provisions of this subitem shall not apply if the structure is in an area landward of an ongoing Federal, State or Local Government renourishment project.
If a habitable structure is rebuilt pursuant to this section, nothing shall be construed so as to allow any recreational amenity to be built or rebuilt seaward of the setback line. Furthermore, all other provisions above notwithstanding, nothing shall be construed so as to allow any rebuilding in the area from the baseline to twenty (20) feet landward of the baseline. Should the owner decide not to repair or rebuild the damaged habitable structure, then he is responsible for its removal. It is the intent of this section that rebuilding is only allowed when the original structure has been destroyed beyond repair. Furthermore, nothing in this section is intended to prevent the performance of normal maintenance or repairs that do not alter the exterior walls of the structure.
(C) Notwithstanding any other provisions of law, if an erosion control device seaward of the setback line is damaged by a natural disaster, the owner must report it to the Coastal Council. The Coastal Council must then determine if a damage appraisal, as prescribed in subsection (D) of this section, is needed. If an erosion control device is determined to be less than fifty percent damaged, it may be repaired in the original location if permitted by the local zoning and building authority. If the erosion control device is determined to be damaged or destroyed fifty percent or more, it may not be repaired, but may be replaced by the owner provided that:
(1) the replaced erosion control device protects a habitable structure; and
(2) a permit is obtained from Coastal Council which would require that:
(a) the replaced erosion control device is constructed according to guidelines to be developed by the Coastal Council which prohibit vertical seawalls and which require construction according to generally accepted engineering and scientific principles; and
(b) the replacement erosion control device must be moved as far landward as possible and in no event may the most seaward point of the replaced erosion control device extend further seaward than the original vertical seawall or the landward crest of the original sloping revetment;
(c) If an erosion control device is replaced pursuant to this section, the owner shall be required to renourish the beach in front of the property on a yearly basis with an amount and type of sand to be approved by the Coastal Council, but which in no event shall be less than one and one-half times the yearly volume of sand lost due to erosion. However, the provisions of this subitem shall not apply if the structure is in an area landward of an ongoing Federal, State or Local Government renourishment project;
(d) Any failure to comply with the requirements of this subitem shall result in the immediate removal of the erosion control device by the owner.
Should the owner decide not to repair or replace the damaged erosion control device then he is responsible for its removal. Furthermore, effective thirty years after the enactment of this legislation, all vertical seawalls must be replaced with a sloping erosion control device which shall comply with the requirements set forth in subitem (2) of this subsection. Nothing in this paragraph shall be construed so as to require the removal of any erosion control device protecting a public highway which existed on the date of enactment of this legislation.
(D) All original damage appraisals must be conducted by a certified appraiser retained by the property owner. The council may choose to retain a second appraisal from a certified appraiser. If the second appraisal varies from the first appraisal so as to require the replacement of the erosion control device, a third certified appraiser must be selected by the previous two appraisers with the costs being shared equally by the property owner and the council. The percentage of damage determined by the third appraiser is final.
(E) Provided, however, that the local zoning and building authorities shall notify the Coastal Council upon the issuance of any permits required pursuant to this section. Provided, further, that the Coastal Council shall enforce the provisions of this section pursuant to subsection (I) of Section 48-39-50./
Amend the bill further by striking Section 48-39-300 and inserting:
/Section 48-39-300. No new habitable structures are allowed to be constructed, placed, or otherwise made to appear seaward of the setback line, except for new habitable structures no larger than a total of four thousand five hundred square feet inclusive of porches, decks, patios, and garages and only on lots platted as of the effective date of this chapter. Provided, however, that in no case shall any new habitable structures be allowed in the area from the baseline to twenty (20) feet landward of the baseline. Provided further, that no new recreational amenities shall be constructed, placed, or otherwise made to appear seaward of the setback line. The new habitable structure must be constructed according to the local zoning and building codes and shall be contingent upon being permitted by the council. However, no permits for new habitable structures may be granted by the council unless the structure is located as far landward on the property as practicable, as determined through consultation with local building officials. No new erosion control devices are allowed to be constructed, placed, or otherwise made to appear seaward of the setback line, except for the protection of public highways which existed on the effective date of this chapter. Provided further, that no erosion control devices shall be incorporated as an integral part of any new habitable structure constructed pursuant to this section. However, any person, partnership, or corporation who owns real property that is subject to the setback as provided for in this section may proceed with the construction of a building under an approved building permit or the construction of buildings and other elements of the master plan, planned development, or planned unit development as approved notwithstanding the setback established for the property if the person, partnership, or corporation legally has commenced a use as evidenced by at least one of the following:
(1) All building permits have been approved by a local government before March 1, 1988.
(2) There is a master plan, planned development or planned unit development:
(a) that has been approved by a local government before March 1, 1988; or
(b) where work has begun pursuant to approval as evidenced by the completion of the utility and infrastructure installation designed to service the real property that is subject to the setback and included in the approved master plan, planned development, or planned unit development.
The completed utility and infrastructure installation shall be pursuant to a site development plan for utility and infrastructure installation that has been approved by the said municipality or local government, and the utility and infrastructure installation must have been completed as of March 1, 1988 pursuant to the plan.
Provided, however, that any repairs performed on a habitable structure built pursuant to the section shall be subject to the guidelines for repairs as set forth in subsection (A) of Section 48-39-290. /
Amend the bill further by striking Subsection 48-39-320 (A) (2) (b) and inserting:
/beach access; development of a beach access program to preserve the existing public access and enhance public access to assure full enjoyment of the beach by all residents of this State./
Amend the bill further, by adding immediately after Section 48-39-350 (A) (9):
/(10) a detailed strategy for achieving the goals of preservation of existing public access and the enhancement of public access to assure full enjoyment of the beach by all residents of this State./
Amend the bill further, Section 48-39-270 by striking the following:
/(6) Critically eroding beaches includes those beaches which experience more than six inches of erosion of upland each year on an annualized average based on at least forty years of data./
Amend the bill further, Section 48-39-270, by adding the following definitions to be appropriately numbered:
/Master plan means a document or a map prepared by a developer or a city as a policy guide to decisions about the physical development of the project or community./
/Planned development means a development plan which has received local approval for a specified number of dwelling and other units. The siting and size of structures and amenities are specified or restricted within the approval. This term specifically references multifamily or commercial projects not otherwise referenced by the terms master plan or planned unit development./
/Planned unit development means a residential, commercial and industrial development professionally designed as a unit and approved by local government./
Amend the bill further, Section 48-39-270, Subsection (2), so that when amended the Subsection will read:
/(2) Habitable structure includes any structure suitable for habitation or any structure used for commercial purposes. Furthermore, if a building as defined in Section 27-31-20, is divided into apartments, as defined in Section 27-31-20, then the entire building, not the individual apartments, shall be considered as a single habitable structure for the purposes of this chapter./
Amend further, Section 48-39-130, Subsection (D) (1) of the 1976 Code of Laws, so that when amended the Subsection will read:
/(1) The accomplishment of emergency orders of any duly appointed official of a county, municipality or of the State, acting to protect the public health and safety, upon notification to the Council. However, only the use of sandbags and/or sandscraping in accordance with guidelines provided by the Coastal Council shall be allowed pursuant to this subitem./
Amend the bill further, Section 2, Subsection (1) (b), by striking "A Private Recreation", so that when amended the Subsection will read:
/(b) a public area which serves as a major source of state and local revenue;/
Amend titles and renumber sections to conform.
Reps. PEARCE and STURKIE explained the amendment.
Rep. FOXWORTH spoke against the amendment.
Further proceedings were interrupted by a Special Presentation and Joint Assembly, the pending question being consideration of Amendment No. 1.
Reps. BLANDING, McELVEEN and E.B. McLEOD presented the State AAAA Sumter High School Gamecock football team and their coaches.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3551 -- Reps. Hearn, Moss and Day: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 16, 1988, AS "HANDICAPPED CHILDREN'S DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR HANDICAPPED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 16, 1988, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The Easter Seal Society Guests and distinguished party were escorted to the rostrum by Senators Applegate, Giese, Doar and Waddell and Reps. WINSTEAD, T.M. BURRISS, BURCH, ALTMAN and WHITE.
The PRESIDENT of the Senate recognized Rep. HEARN who introduced the honored guest as follows:
Rep. HEARN: "Thank you, Mr. President. Ladies and gentlemen, we are indeed honored today to be able to welcome into this body the representatives of Easter Seals. Realizing the importance of this occasion, a few weeks ago we passed a Concurrent Resolution that indicated today would be the kick-off of the Handicapped Children's Day and endorse the Buck-A-Cup Coffee Day for handicapped children. This is at noon today, and let me tell you what this organization has done. I say this every year, and I hope the new members of the General Assembly are as impressed with it as the old members of the General Assembly. This is self-help at its very best. The organization that you see with us today raises over a quarter of a million dollars each year for Easter Seals. This is a group that has raised over three and a half million dollars over the last 35 years. They take no state dollars; this is self-help at its very best.
Today we are very pleased to welcome some very special guests along with our handicapped recipients. We have with us Joe Dean, who is the State Easter Seal President; Susan Aude Fisher, who is the state campaign chairman; Andrew Shealy, who is the state president; James K. Wilson, who is Buck-A-Cup project chairman; John L. Caudle, II, who is Executive Director from the South Carolina Law Enforcement Officers Association; Carol Corley, who is the Buck-A-Cup project chairman; and, C. Laney Langham, Jr., who is president of the South Carollna Restaurants Associatlon. We want to welcome all of you here today for this very special occaslon. You know, of course, that the kick-off is handled by the Law Enforcement Officers of South Carolina, as well as the Restaurant Association.
We have a very special guest that Parker Evatt, a former member, sent over to us, the South Carolina Inmate Advisory Council, Ron McAnnis. This group raised $19,831 last year. We have another very special guest up in the balcony today, her name is Debbie Saye. This is a recipient of the services that are offered. She was a poster child from Missouri in 1957; she was treated at Shriners Hospital from 1952 to 1967, and is now a physical therapist in Bennettsvllle. With her today is Representative Jean Harris' daughter, Meg. We are really pleased to see someone who has been such a successful recipient, and this is what this project is all about.
Today our first guest will be introduced by Representative Danny Winstead and Senator Sam Applegate."
Rep. WINSTEAD: "Thank you, Joyce. It's my privilege, along with Senator Applegate from Charleston, to have with us this morning Mary Beth Banks, who is the three-year-old daughter of Ms. Patricia Banks of North Charleston. Mary Beth is visually impaired and has attended the Visually Impaired Program of the Charles Webb Easter Seal Center in Charleston for one year. Through the specialized help she receives from Easter Seals, she is learning to see around 'blind spots' in her vision. This young lady is an excellent example of the progress made by the children attending the Charles Webb Center."
Rep. HEARN: "Our next guest is Mrs. Edna Byrd, who will be introduced by Representative Moffatt Burriss and Senator Warren Giese."
Rep. BURRISS: "Senator Giese and I are fortunate to have Jack and Edna Byrd as constituents in our districts. I have known Jack for thirty years and I think we have here, in this couple, a typical example of what can be done by working together and working with the Easter Seal rehabilitation center."
Senator Giese: "Thank you very much. Our guest is Mrs. Edna Byrd and her husband. They are from Columbia. She is an adult client at the Rose M. Lowe Easter Seal Rehabilitation Center here. After her 1986 stroke, Mrs. Byrd came to Easter Seals in August of 1987 for occupational and physical therapy. Her stroke left her unable to move ln bed without assistance and forced her to use a wheelchair. After only three months, she is now walking short distances with a cane. She and her husband, Jack, are a real testimony to teamwork. They faithfully carry out a daily home exercise program while living independently in their own home. Mr. and Mrs. Byrd recently celebrated their 50th wedding anniversary. Congratulations to them."
Rep. HEARN: "Our next guest will be introduced by Representative Alva Humphries and Senator John Courson."
Rep. HUMPHRIES: "Mr. President and ladies and gentlemen, it is indeed an honor for me to participate in this program today and to introduce to you Jarrod Green. Jarrod is the son of Renard and Annette Green of my district, District 71. Jarrod is a four-year-old, and is a very special young man. The Easter Seals therapists tell us that Jarrod has a winning smile and a strong will, which make him a Joy to be involved with. And I can tell you from the few moments I've spent with him today, that that is indeed the truth. And I could almost hear his soaring spirit say as he watched those football players walk out of the chamber a few minutes ago, 'someday I'll do that'. I trust with the help of the good Lord and all of ' you, he will be able to do it."
Rep. HEARN: "Our next guest is Ainesley Lowrimore from Georgetown, who will be introduced by Representative Altman and Senator Doar."
Senator Doar: "Mr. President, ladies and gentlemen of the Joint Assembly, and guests, it. is with a great deal of pleasure that Representative Altman and I present to you this afternoon Ainesley Lowrimore of Georgetown. Her mother, father and brother, Kyle, are also with us today. Ainesley is nine years old, and as I've indicated, is the daughter of Susan and Henry Lowrimore. Ainesley has cerebral palsy. This bright 4th grader receives equipment and summer physical therapy from Easter Seals, as well as participating in the Easter Seals' sponsored "Hippotherapy" - therapeutic horseback riding for children with disabilities. Ainesley enjoys reading and Girl Scouts.
Rep. ALTMAN: "In talking with Ainesley just recently, she is a brilliant student at Maryville School and she is involved in a lot of activities, including one of her favorite things, reading. She also is interested in Girl Scouts. But her most favorite activity is horseback riding, which is a therapeutic provision by Easter Seals. She enjoys this activity very much. We are glad to have her here with her family today."
Rep. HEARN: "Our last guest will be introduced by Representative Juanita White and Senator Jim Waddell."
Senator Waddell: "Mr. President, ladies and gentlemen of the Joint Assembly and guests, it's my privilege today to introduce to you today a constituent of Representative White and myself who comes from my home area. Our guest is Jason Parrish, who comes here today with his father and mother, Randy and Nancy Parrish. Jason suffered a stroke at birth which caused his multiple disabilities. Easter Seals purchases physical, occupational and speech therapy for Jason, which has benefitted his progress. Easter Seals also purchased his wheelchair and walker. Before receiving the walker, Jason rarely walked, but now ambulates with little assistance. Additionally, he is involved in a therapeutic horseback riding program on the recommendation of his physical therapist. We are so glad to have all of you here today and are proud of the progress he made."
Rep. HEARN: "Mr. President, ladies and gentlemen, know that this body has been a part of raising and kicking off a drive for over a quarter of a million dollars for a worthy cause."
Upon the conclusion of the presentation the honored guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:35 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
Rep. SHEHEEN moved that the House recede until 2:00 P.M., which was adopted.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Reps. BLACKWELL and KLAPMAN a temporary leave of absence to represent the House on the Joint Legislative Screening Committee for the Health and Human Services Finance Commission.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3713 -- Reps. Pearce, Sheheen, J. Rogers, White, McLellan, L. Phillips, Foxworth, Wells, Sharpe, Bennett, Sturkie, K. Bailey, Mappus and Gilbert: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A PERMIT.
Debate was resumed on Amendment No. 1, which was proposed by the Committee on Agriculture and Natural Resources.
Rep. FOXWORTH moved to table the amendment.
Rep. CORK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Foxworth Holt Klapman Mappus McEachin Rogers, T.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Baxley Bennett Blanding Boan Brown, G. Brown, H. Brown, J. Burch Burriss, M.D. Burriss, T.M. Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Faber Fair Ferguson Foster Gordon Harvin Haskins Hayes Hearn Helmly Hodges Humphries Johnson, J.W. Jones Kay Keyserling Kirsh Koon. Lanford Martin, D. Martin, L. McAbee McCain McElveen McGinnis McLellan McLeod, E.B. McTeer Nesbitt Nettles Pearce Pettigrew Petty Rudnick Sheheen Short Simpson Snow Sturkie Thrailkill Wells Wilder
So, the House refused to table the amendment.
Reps. T. ROGERS and WASHINGTON spoke against the amendment.
Rep. FOXWORTH raised the Point of Order that Amendment No. 1 to H. 3713 was not displayed in its entirety.
The SPEAKER stated that the amendment in its entirety was printed in the Bill in the members' bill books at their desks.
Rep. FOXWORTH inquired whether the amendment must be displayed in its entirety.
The SPEAKER stated that the display of amendments by projector is a convenience for the members, but is not required by the Rules.
Rep. FOXWORTH requested that the amendment be read in its entirety.
The SPEAKER ordered that the amendment be read.
Rep. L. MARTIN raised the Point of Order that there is no constitutional requirement that an amendment be read in its entirety.
The SPEAKER sustained the Point of Order, and dispensed with the reading of the amendment.
Rep. FOXWORTH spoke against the amendment.
Reps. ELLIOTT and AYDLETTE spoke in favor of the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 84 to 12.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. STODDARD moved that the House do now adjourn.
Rep. TUCKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Baxley Bennett Burch Davenport Harvin Helmly Jones Pettigrew Short Stoddard Taylor
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Baker Barfield Beasley Boan Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Dangerfield Day Derrick Edwards Elliott Faber Fair Felder Foster Foxworth Gentry Gilbert Harris, J. Hayes Hearn Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Kohn Koon Lanford Limehouse Mappus Martin, D. Martin, L. Mattos McBride McEachin McElveen McGinnis McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Tucker Waldrop Wells White Wilder Wilkins
So, the House refused to adjourn.
The following Bill was taken up.
H. 3480 -- Rep. J. Bradley: A BILL TO AMEND SECTION 53-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNOR TO DECLARE CHRISTMAS EVE A HOLIDAY FOR STATE EMPLOYEES, SO AS TO PROVIDE THAT THE GOVERNOR MAY NOT DECLARE CHRISTMAS EVE A HOLIDAY FOR STATE EMPLOYEES IF THERE IS AN INTERVENING WEEKEND BETWEEN THE HOLIDAY GRANTED FOR DECEMBER TWENTY-FIFTH AND THE HOLIDAY GRANTED FOR DECEMBER TWENTY-SIXTH UNLESS HE DECLARES CHRISTMAS EVE A HOLIDAY IN LIEU OF THE HOLIDAY TO BE GRANTED FOR DECEMBER TWENTY-SIXTH.
Rep. T. ROGERS moved to adjourn debate upon the Bill until Wednesday, March 30.
Rep. L. MARTIN moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate until Wednesday, March 30, which was agreed to.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3752 -- Reps. M.D. Burriss, J. Bradley, Humphries, Kirsh, Felder, T. Rogers, Davenport, Harvin, Rhoad, Petty, McGinnis and Day: A BILL TO AMEND CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF DOGS AND OTHER DOMESTIC PETS, BY ADDING ARTICLE 11 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY AND MALICIOUSLY TAUNT, TEASE, PHYSICALLY ABUSE, INTERFERE OR MEDDLE WITH, OR TO INJURE OR KILL A DOG USED BY A LAW ENFORCEMENT DEPARTMENT OR AGENCY IN THE PERFORMANCE OF THE FUNCTIONS OR DUTIES OF THE DEPARTMENT OR AGENCY OR WHEN PLACED IN A KENNEL OFF DUTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. M.D. BURRISS explained the Bill.
H. 3838 -- Rep. Rhoad: A BILL TO AMEND SECTION 46-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE FAMILY FARM DEVELOPMENT AUTHORITY, SO AS TO DELETE THE POWER TO PARTICIPATE IN PROGRAMS WITH FEDERAL, STATE, AND NONPROFIT ENTITIES WHICH MAY MAKE LOANS TO FARMERS OF THE BENEFICIARY CLASS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 46-3-145 SO AS TO EMPOWER THE DEPARTMENT OF AGRICULTURE TO PARTICIPATE IN PROGRAMS WITH FEDERAL, STATE, AND NONPROFIT ENTITIES WHICH MAY MAKE LOANS TO FARMERS OF THE BENEFICIARY CLASS.
S. 71 -- Senators Peeler and Hinson: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF STATE PARK FACILITIES WITHOUT CHARGE BY DISABLED PERSONS, SO AS TO PROVIDE THAT AN IDENTIFICATION CARD ISSUED BY THE COUNTY VETERANS AFFAIRS OFFICER STATING THE VETERAN TO WHOM IT IS ISSUED IS PERMANENTLY AND TOTALLY DISABLED MAY BE USED TO TAKE ADVANTAGE OF THE BENEFITS AT THE PARK FACILITIES INSTEAD OF A CERTIFICATE FROM THE VETERANS ADMINISTRATION.
H. 3751 -- Reps. T.M. Burriss and Dangerfield: A BILL TO AMEND SECTION 34-27-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL AND SPECIAL MEETINGS OF CREDIT UNIONS, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR SPECIAL MEETINGS OF CREDIT UNIONS.
S. 747 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE THAT THE AMOUNT OF THE PENALTY IMPOSED UPON THE CARRIER OR EMPLOYER IN THE EVENT OF IMPROPER TERMINATION OR SUSPENSION OF BENEFITS MUST BE PAID TO THE EMPLOYEE, IN ADDITION TO THE AMOUNT OF BENEFITS WITHHELD.
Rep. L. MARTIN explained the Bill.
S. 922 -- Senator Saleeby: A BILL TO AMEND SECTION 42-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF COMPENSATION AND THE PERIOD OF DISABILITY UNDER THE WORKERS' COMPENSATION LAW FOR CERTAIN INJURIES, SO AS TO INCREASE THE DISABILITY PERIOD FOR THE LOSS OF AN EYE.
Rep. L. MARTIN explained the Bill.
S. 964 -- Senator Lee: A BILL TO AMEND SECTION 40-54-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS FOR THE CHAPTER ON DEALERS IN PRECIOUS METALS, SO AS TO ADD A DEFINITION FOR "PRECIOUS OR SEMIPRECIOUS STONE OR GEM" AND TO CHANGE ACCORDINGLY THE DEFINITIONS OF VARIOUS OTHER TERMS USED IN THE CHAPTER; AND TO AMEND SECTION 40-54-40, RELATING TO THE REQUIREMENT THAT DEALERS IN PRECIOUS METALS KEEP RECORDS OF CERTAIN PURCHASES AND TO CERTAIN PROVISIONS REGARDING 'THE SELLER'S IDENTITY, SO AS TO REQUIRE DEALERS TO KEEP A BOOK IN WHICH MUST BE WRITTEN CERTAIN INFORMATION AT THE TIME OF ANY PURCHASE OF PRECIOUS METAL OR PRECIOUS OR SEMIPRECIOUS STONES OR GEMS.
Rep. T.M. BURRISS explained the Bill.
On motion of Rep. M.D. BURRISS, with unanimous consent, it was ordered that H. 3752 be read the third time tomorrow.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 3838 be read the third time tomorrow.
On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that H. 3751 be read the third time tomorrow.
On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that S. 964 be read the third time tomorrow.
The following Bill was taken up.
H. 3592 -- Rep. Stoddard: A BILL TO REPEAL SECTION 23-31-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PISTOL COLLECTOR'S LICENSE.
Rep. STODDARD proposed the following Amendment No. 1 (Doc. No. 2540J), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. Section 23-31-140 of the 1976 Code is amended by adding the following paragraph at the end:
"For purposes of this section, the purchase of a pistol does not include the redeeming of a pistol after it has been pledged to secure a loan."/
Renumber sections to conform.
Amend title to conform.
Rep. STODDARD explained the amendment.
The amendment was then adopted.
Rep. STODDARD proposed the following Amendment No. 2 (Doc. No. 2536J).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. Section 23-31-330 of the 1976 Code is amended to read:
"Section 23-31-330. (A) Every person permitted by Section 23-31-320 to possess a machine gun, or sawed-off shotgun or sawed-off rifle, and any person elected to or appointed to any office or position which entitles such the person to possess a machine gun, or sawed-off shotgun or sawed-off rifle, upon taking office, shall file with the State Law Enforcement Division on a blank to be supplied by the Division on request therefor an application to be which is properly sworn. to which shall The application must be approved by the sheriff of the county in which the applicant resides or has his principal place of business and shall include the applicant's name, residence and business address, physical description, whether or not ever charged or convicted of any crime, municipal, state, or otherwise, and where, if so charged, and when the same it was disposed of. The applicant shall also give a description, including the serial number and make, of the machine gun, or sawed-off shotgun or sawed-off rifle, which he possesses or desires to possess. Thereupon, the The State Law Enforcement Division shall file such the application in its office, registering such The Division shall register the applicant together with the information required in the application in a book or index to be kept for that purpose, assign to him a number, and issue to him a card which shall bear the signature of the applicant and which he shall keep with him while he has such the machine gun or sawed-off shotgun or sawed-off rifle in his possession. Such This registration shall must be made on the date application is received and filed with the State Law Enforcement Division. and shall The registration expire expires on December thirty-first of the year in which the license is issued.
(B) No permit or registration required by the provisions of this section is required where weapons are possessed by a governmental entity which has a significant public safety responsibility for the protection of life or property."/
Renumber sections to conform.
Amend title to conform.
Rep. STODDARD explained the amendment.
Rep. TAYLOR raised the Point of Order that Amendment No. 2 was out of order as it was not germane to the Bill.
The SPEAKER stated that it may not have been germane to the original Bill, but that it was germane to the Bill as amended by the adoption of Amendment No. 1, and he overruled the Point of Order.
Rep. TAYLOR moved to reconsider the vote whereby Amendment No. 1 was adopted and the motion was noted.
Reps. KOON, K. BAILEY and BENNETT objected to the Bill.
The following Bill was taken up.
S. 607 -- General Committee: A BILL TO AMEND SECTION 40-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR REGISTRATION OF ARCHITECTS, SO AS TO DEFINE "PROFESSIONAL DEGREE"; TO AMEND SECTION 40-3-60, RELATING TO QUALIFICATIONS FOR SITTING THE LICENSURE EXAMINATION, SO AS TO PROVIDE THAT A PROFESSIONAL DEGREE IS EQUIVALENT TO FIVE YEARS' WORK EXPERIENCE AND TO REQUIRE EXAMINATION APPLICANTS AFTER JUNE 30, 1990, TO MEET THE EXPERIENCE REQUIREMENTS OF THE NATIONAL COUNCIL OF ARCHITECTURAL REGISTRATION BOARDS; TO AMEND SECTION 40-3-80, RELATING TO THE EXAMINATION APPLICATION FEE, SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO SET A FEE OF NOT MORE THAN ONE HUNDRED DOLLARS; TO AMEND SECTION 40-3-90, RELATING TO THE ANNUAL RENEWAL FEE, SO AS TO INCREASE THE PENALTY FOR LATE PAYMENT; TO AMEND SECTION 40-3-110, RELATING TO THE REQUIRED USE OF THE ARCHITECT'S SEAL, SO AS TO CLARIFY THE DEFINITION OF ARCHITECT; TO AMEND SECTION 40-3-120, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES, SO AS TO INCREASE THE PERIOD OF NOTICE OF CHARGES AND TO AUTHORIZE THE COUNCIL TO IMPOSE CIVIL PENALTIES NOT TO EXCEED TWO THOUSAND DOLLARS AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUE AND PROCEDURES FOR PAYMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 40-3-180 SO AS TO REQUIRE AUTHORITIES ISSUING BUILDING PERMITS TO VERIFY THAT THE ARCHITECT IS REGISTERED IN THE STATE AND TO PROVIDE EXCEPTIONS; AND TO AUTHORIZE PERSONS TO QUALIFY FOR THE EXAMINATION UNDER THE EXPERIENCE PROVISIONS OF PRIOR LAW IF THE APPLICANT FILES A WRITTEN NOTICE OF INTENT WITH THE BOARD ON OR BEFORE JANUARY 1, 1990, AND QUALIFIES UNDER PRIOR LAW ON OR BEFORE JANUARY 2, 1996.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 10, by the Committee on Labor, Commerce and Industry.
Rep. L. MARTIN explained the amendment.
Rep. L. MARTIN continued speaking.
Reps. ARTHUR, E.B. McLEOD, JONES and GORDON objected to the Bill.
The following Bill was taken up.
H. 3922 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-13-1130, 50-13-1135, 50-13-1150, 50-13-1155, 50-13-1165, AS AMENDED, 50-13-1170, 50-13-1175, 50-13-1180, AND 50-13-1185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL FISHING LICENSES AND PERMITS AND TAGS FOR NONGAME FISHING DEVICES, SO AS TO INCREASE RESIDENT FRESHWATER COMMERCIAL FISHING LICENSES FROM FIFTY DOLLARS TO TWO HUNDRED FIFTY DOLLARS, NONRESIDENT FRESHWATER COMMERCIAL FISHING LICENSES FROM FIVE HUNDRED DOLLARS TO SEVEN HUNDRED FIFTY DOLLARS, AND NONRESIDENT PERMIT AND TAG FEES TO FIFTY DOLLARS A TAG OR PERMIT, TO REQUIRE PERSONS SELLING CATFISH TO BE LICENSED AS A FRESHWATER COMMERCIAL FISHERMAN, TO REQUIRE SUCH A LICENSE FOR A PERSON TAKING NONGAME FISH BY MORE THAN ONE TROTLINE OR TRAP, TO PROVIDE THAT TRAPS, EEL POTS, HOOP NETS, GILL NETS, AND TROTLINES MUST BE MARKED WITH FLOATING MARKERS WHICH CONTAIN THE NAME AND ADDRESS OF THE LICENSEE, AND TO REQUIRE EACH SET HOOK TO HAVE AN IDENTIFICATION TAG ATTACHED TO IT.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 2233J).
Amend the bill, as and if amended, Section 50-13-1130, as contained in SECTION 1, by adding at the end: /No catfish taken from the public waters of this State may be transported from those waters alive without a permit from the department./ When amended Section 50-13-1130 shall read:
/Section 50-13-1130. Any person involved in the taking of catfish by any method from the public waters who sells or offers for sale such a catfish taken by any method from public waters must have in possession a commercial freshwater fishing license as provided in subsection (3) of Section 50-13-1150(3). No catfish taken from the public waters of this State may be transported from those waters alive without a permit from the department./
Amend further, page 2, Section 50-13-1135, by striking item (f) and inserting:
/(f) up to three two trotlines with not more than one hundred fifty hooks on all lines each line;/.
Amend further, page 3, Section 50-13-1150, as contained in SECTION 3, by striking /two/ on line eleven and inserting /one/. When amended Section 50-13-1150 shall read:
/Section 50-13-1150. Any A person who has been a resident of this State continuously for at least twelve months may apply on forms to be furnished by the Department department for a commercial freshwater fishing license. Upon proof satisfactory to the Department department of his residency, he shall upon payment of an annual fee of fifty dollars must be issued a resident commercial freshwater fishing license upon payment of an annual fee of sixty dollars. A nonresident person, which shall include including a person who has not been a resident of this State continuously for at least twelve months prior to before his application, may apply on forms to be furnished by the Department department for a nonresident commercial freshwater fishing license and, upon approval of the application by the Department department and the payment of an annual fee of five seven hundred fifty dollars, shall must be issued such the license./
Amend title to conform.
Rep. FOXWORTH explained the amendment.
Reps. O. PHILLIPS, ARTHUR and CORK objected to the Bill.
Rep. T. ROGERS moved to adjourn debate upon the following Bill until Tuesday, March 22, which was adopted.
H. 3925 -- Rep. McLellan: A BILL TO AMEND SECTION 10-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE STATE HOUSE STEPS, GROUNDS, AND THE CAPITOL MALL, SO AS TO DELETE THE REFERENCE TO THE CAPITOL MALL, INCLUDE THE STATE HOUSE LOBBIES AND OTHER PUBLIC BUILDINGS AND GROUNDS, AND REVISE THE REQUIREMENTS AUTHORIZING THE USE OF THE AREAS.
Rep. L. PHILLIPS moved to adjourn debate upon the following Bill until Tuesday, March 22, which was adopted.
S. 640 -- Senator Garrison: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR THE SCHEDULE FOR TAKING THE EXIT EXAMINATION AND TO PROVIDE FOR A SPECIAL DIPLOMA FOR HANDICAPPED STUDENTS.
Rep. STURKIE moved that the House do now adjourn, which was adopted by a division vote of 53 to 29.
The Senate returned to the House with concurrence the following:
H. 3974 -- Reps. Barfield, Elliott, Pearce and Thrailkill: A CONCURRENT RESOLUTION TO RECOGNIZE SHERIFF M. L. BROWN, JR., OF HORRY COUNTY, UPON HIS ANNOUNCEMENT THAT HE WILL RETIRE FROM PUBLIC LIFE AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
H. 3975 -. Rep. Edwards: A CONCURRENT RESOLUTION CONGRATULATING DR. G. B. HODGE OF SPARTANBURG COUNTY UPON BEING NAMED THE "NEVILLE HOLCOMBE DISTINGUISHED CITIZEN" BY THE SPARTANBURG AREA CHAMBER OF COMMERCE.
H. 3976 -- Rep. Petty: A CONCURRENT RESOLUTION CONGRATULATING MR. MITCH STEWART OF SPARTANBURG COUNTY UPON BEING NAMED "SOUTH CAROLINA PARAMEDIC OF THE YEAR" AND COMMENDING HIM FOR HIS OUTSTANDING SERVICE.
H. 3977 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE MR. LARRY FOSTER OF CHESTERFIELD IN CHESTERFIELD COUNTY FOR BEING NAMED KAPPA MAN OF THE YEAR BY THE CHERAW CHAPTER OF KAPPA ALPHA PSI FRATERNITY.
H. 3978 -- Reps. Helmly, H. Brown, Day and Williams: A CONCURRENT RESOLUTION RECOGNIZING THE OUTSTANDING CONTRIBUTIONS RENDERED BY MR. LOUIS SALGUEIRO OF BERKELEY COUNTY OF TIME, TALENT, AND ENERGY TO HIS COMMUNITY, AND EXPRESSING TO HIM SINCERE BEST WISHES FOR CONTINUED SUCCESS AND WELL-BEING.
At 3:10 P.M. the House in accordance with the motion of Rep. STURKIE adjourned to meet at 10:00 A.M. tomorrow.
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