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| (D) No fishing devices may be used except cast nets, dip nets, or drop nets. The diameter of the dip or drop nets used may not exceed six feet. No nets may be operated by the use of mechanical devices such as winches, cranes, or pulleys. The motor of a boat used in herring fishing must be in neutral or turned off at all times a net is in use. The motor must be turned off or placed in neutral before the net or a portion of it is placed in the water. The motor must remain off or in neutral until the entire net is removed from the water. No net may be used which is tied or otherwise affixed or connected to a boat.
(E) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five nor more than one hundred dollars or imprisoned not less than fifteen nor more than thirty days."/
Renumber sections to conform.
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 4483 be read the third time tomorrow.
Rep. SHISSIAS arose to a Point of Personal Privilege.
During yesterday's debate on House Bill 3267 a statement was made by the Representative from District 79 that I believe was not only in poor taste but inappropriate for this deliberative body. The Representative directed a personal question to me asking how many abortions had I personally had. Immediately prior to taking the floor he mentioned that all remarks made during debate have immunity. Immunity or not, I do not believe that this body desires a low standard of debate by personal attack.
If it does... what is next? Questions as to whether Representatives are fornicators or adulterers? Or how often do you cheat on your spouse? What is your sexual preference? Have you fathered an illegitimate child? Or have you engaged in a homosexual act? I believe that the personal remark made yesterday is not the type that members should be subjected to and this matter needed to be addressed at today's session.
Based on the number of Representatives that have already expressed their concern to me, I do not believe that the majority of the members want this to continue. The issues must be debated solely on the facts and the merits of the legislation or at least on the opinions or beliefs of the Representatives.
Rep. CORNING arose to a Point of Personal Privilege.
On motion of Rep. RUDNICK, Rep. CORNING'S remarks were ordered printed in the Journal as follows:
Mr. Speaker, fellow members of the House, I rise to respond to the remarks of Mrs. Shissias about my comment made during the debate on the Woman's Right to Know Bill. First let me state that I have apologized to Representative Shissias for the question, which may be viewed as insensitive but certainly not slanderous. It was not intended to be personal. The question was in response to comments by Representative Shissias, often made by certain other female members of this body, stating or implying that since I and most other members of this body are male, we can't possibly know anything about what information women should have who are contemplating a possible abortion. This remark by Mrs. Shissias was a totally sexist suggestion and if a similar type comment were made by a male it would be on the front page of every newspaper in the State.
As far as I am concerned, remarks made or questions asked in the heat of a debate are not personal and should not be viewed as such. In the seven plus years that I have served in this body, there have been few bills where we all agreed. If a legislator were to become offended every time they lose a vote, or a comment is made he or she dislikes, we would spend most of our time being upset. While I often too disagree with my colleagues, I try not to let it go beyond the doors of our chamber and, where possible, disagree without being disagreeable. If I overstepped any bounds, I have apologized for it and it is over.
Thank you for your time.
/s/ROLAND S. CORNING
The following Bill was taken up.
H. 4501 -- Reps. Snow, McMahand, Baker, Farr, McAbee, Carnell, Townsend, Jaskwhich, Allison, Chamblee, D. Smith, Tucker, Stille, Littlejohn, Cooper, Haskins, Cato, Vaughn, Trotter, Anderson, Fair, T.C. Alexander, Wells, Lanford, Davenport, Phillips, McCraw, Mattos and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-395 SO AS TO PROVIDE FOR THE ISSUANCE OF ANTERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7595BDW.94).
Amend the bill, as and if amended, by striking SECTION 1, beginning on line 18, and inserting:
/SECTION 1. The 1976 Code is amended by adding:
(B) Eighty percent of the revenue generated from the sale of the permits must be used to administer the permits and for deer management and deer research, and twenty percent must be used for law enforcement relating to deer.
(C) A person taking or attempting to take an antlerless deer pursuant to an individual permit in violation of department guidelines or of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days."/
Amend title to conform.
Rep. SNOW explained the amendment.
Rep. T.C. ALEXANDER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 258 -- Senator Drummond: A BILL TO AMEND SECTION 40-69-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS TO DELETE THE REQUIREMENT TO BE OF GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-140,
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7569BDW.94).
Amend the bill, as and if amended, by striking Section 40-69-90, SECTION 3, page 4, beginning on line 1, and inserting:
/Section 40-69-90. (A)The board may issue a temporary license permit to practice veterinary medicine to an applicant provided if the applicant meets the following these qualifications:
(1) meets all qualifications and requirements of Section 40-69-80;
(2) has filed an application to take the examination;
(3) is permanently located permanently at some designated place in the State;
(4) pays a temporary license permit fee of fifteen dollars, which must be set by the board in regulation promulgated in accordance with the Administrative Procedures Act. This fee must be is in addition to the examination fee;
(5) holds a current and valid license to practice veterinary medicine
in another state of the United States.
(C) The temporary license shall entitle permit entitles the holder to practice only until the board has acted upon his the application for a permanent license after he the applicant completes the next regularly scheduled examination, and is not renewable, and only. Only one such temporary license must permit may be issued to any one a person. Any A person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond his the person's control may, in the discretion of the board, may have his the temporary license permit renewed until the board is able to act on his the application after he the person completes the required examination./
Amend further, SECTION 10, page 10, line 32, by striking /fifteen/ and inserting /one hundred/, line 32 by striking /license/ and inserting /permit/, and line 34, by striking /five/ and inserting /ten/ so that when amended, SECTION 10 reads:
/SECTION 10. The following fees are in effect until these fees are set in regulation promulgated by the State Board of Veterinarians pursuant to the Administrative Procedures Act:
(1) one hundred dollars for a temporary permit to practice veterinary medicine;
(2) ten dollars for a temporary certificate to work as an Animal Health Technician;
(3) twenty-five dollars for an examination application fee for certification as an Animal Health Technician;
(4) twenty dollars for an Animal Health Technician annual certification renewal;
(5) five dollars for a late renewal fee penalty when an animal health technician fails to submit a renewal application by February fifteenth of each year;
(6) ten dollars for an Animal Health Technician replacement certificate./
Amend title to conform.
Rep. RISER explained the amendment.
Rep. HARRELSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 532 -- Senators Wilson, Bryan, Giese and Thomas: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT LITTER INCLUDES CIGARETTES AND CIGARETTE FILTERS.
Rep. WILKES explained the Bill.
Rep. G. BROWN objected to the Bill.
The Bill was read the second time and ordered to third reading.
Rep. JASKWHICH asked unanimous consent to recall H. 4574 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. HOUCK objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 3379 -- Rep. Haskins: A BILL TO AMEND SECTION 41-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF WARRANTS OF EXECUTION FOR COLLECTION OF EMPLOYMENT SECURITY CONTRIBUTIONS, SO AS TO AUTHORIZE THE SHERIFF OR TAX COLLECTOR ALSO TO COLLECT ANY COSTS INCURRED IN COLLECTING THESE CONTRIBUTIONS AND TO AUTHORIZE THE SHERIFF OR TAX COLLECTOR TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT ALL COSTS AND AMOUNTS.
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.
Rep. RICHARDSON moved that the House recur to the morning hour, which was
rejected by a division vote of 41 to 50.
The following Concurrent Resolution was taken up.
H. 3157 -- Reps. Byrd, J. Brown, Scott, Jaskwhich, Cobb-Hunter, Phillips, Whipper, Littlejohn, Harwell, McMahand, Anderson, Haskins, White, J. Harris, Hines, Robinson, Kinon, J. Bailey, Neal, Govan, Elliott, Waites, Canty, J. Wilder, Beatty, D. Wilder, Inabinett, R. Young, Harrelson, G. Brown, Breeland, Rudnick and Harvin: A CONCURRENT RESOLUTION AUTHORIZING THE COMMISSIONING OF A PORTRAIT OF MODJESKA MONTEITH SIMKINS TO BE PLACED IN THE STATE HOUSE.
Whereas, Modjeska Monteith Simkins, a fearless outspoken champion of the oppressed, was an original organizer of the state chapter of the NAACP; and
Whereas, she was one of the architects of the Clarendon County desegregation case that became part of the United States Supreme Court's historic decision, Brown v. Board of Education in 1954; and
Whereas, her entire life was spent focusing on the liberation of people from the oppression of segregation, poverty, illiteracy, and disenfranchisement; and
Whereas, the granddaughter of a slave, she was born in Columbia, December 5, 1899, and was graduated from Benedict College in 1921; and
Whereas, it is with great sadness we turn a page in the history of our State in witnessing the passing of this great humanitarian who leaves a legacy of civil rights victories which will not be equaled in the near future. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly authorizes the placing of a portrait of Modjeska Monteith Simkins, with an appropriate ceremony of the General Assembly, in the State House as a memorial and tribute to this great South Carolinian with the belief that her portrait will inspire the children of today and tomorrow to stand up and speak out for causes in which they believe.
Be it further resolved that the clerks of the House and Senate shall determine an appropriate location to hang and the artist to paint the portrait. The clerks shall consult with the South Carolina Museum and the South Carolina Arts Commission. The cost of obtaining the portrait may not exceed ten thousand dollars, to be paid from approved accounts of both houses.
Rep. BYRD explained the Concurrent Resolution.
Rep. HASKINS moved to recall H. 4574 from the Medical, Military, Public and Municipal Affairs Committee.
As a first substitute Rep. McTEER moved to dispense with the balance of the Motion Period.
As a second substitute Rep. VAUGHN moved to recall H. 4574 from the Medical, Military, Public and Municipal Affairs Committee, which was agreed to.
Rep. HASKINS moved to dispense with the balance of the Motion Period, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 7, Rep. RUDNICK having the floor.
H. 3267 -- Reps. Corning, Cato, Sturkie, Haskins, Fulmer, Quinn, Wells, Klauber, Robinson, A. Young, Cooper, Davenport, R. Smith, Fair, Meacham, Simrill, Walker, Moody-Lawrence, Delleney, Felder, Littlejohn, H. Brown, Baker, Worley, Gonzales, Stone, Harwell, Marchbanks, Sharpe, Wofford, Allison, Chamblee, Vaughn, Clyborne, Huff, Wright, Koon, Lanford, R. Young, Wilkins, Graham and Jaskwhich: A BILL TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 41, TITLE 44, AND TO ENTITLE THE ARTICLE "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT", INCLUDING PROVISIONS FOR PENALTIES; TO PROVIDE THAT THE PRINTED MATERIALS REQUIRED TO BE PUBLISHED PURSUANT TO SECTION 44-41-340, AS ADDED BY THIS ACT, MUST BE PUBLISHED ON OR BEFORE THE EFFECTIVE DATE OF ARTICLE 3, CHAPTER 41, TITLE 44, AS ADDED BY THIS ACT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT.
Debate was resumed on Amendment No. 7, which was proposed on Wednesday,
February 9, by Rep. RUDNICK.
Rep. CORNING moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baker Brown, H. Carnell Cato Chamblee Clyborne Cooper Corning Cromer Delleney Fair Gonzales Graham Hallman Harrell Harrison Haskins Hutson Jaskwhich Keegan Kelley Klauber Koon Lanford Law Littlejohn Marchbanks Mattos Meacham Quinn Riser Robinson Simrill Smith, D. Smith, R. Stille Stoddard Stone Stuart Sturkie Trotter Vaughn Waldrop Walker Wells Wilder, D. Wilkins Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Barber Baxley Beatty Boan Breeland Brown, J. Byrd Cobb-Hunter Davenport Elliott Felder Gamble Govan Harrelson Harris, J. Harris, P. Harvin Hines Hodges Houck Inabinett Jennings Keyserling Kinon Kirsh McAbee McCraw McKay McLeod McMahand McTeer Moody-Lawrence
Neilson Phillips Rhoad Richardson Rogers Rudnick Sheheen Shissias Snow Thomas Tucker Waites Whipper White Wilder, J. Worley
So, having failed to receive the necessary vote, immediate cloture was rejected.
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