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The motion period was dispensed with on motion of Rep. SHARPE.

Rep. J. BROWN moved that the House recede until 1:45 P.M.

Rep. BAXLEY moved that the House do now adjourn.

Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Baxley           Breeland         Delleney
Jennings         Martin           McMahand
Sheheen

Those who voted in the negative are:

Allison          Anderson         Bailey
Boan             Brown, G.        Brown, H.
Brown, J.        Cain             Cato
Chamblee         Clyburn          Cotty
Cromer           Dantzler         Davenport
Easterday        Elliott          Fair
Felder           Fulmer           Gamble
Hallman          Harrell          Harris, J.
Harrison         Haskins          Herdklotz

Hodges           Howard           Hutson
Inabinett        Jaskwhich        Keegan
Kinon            Kirsh            Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Lloyd            Marchbanks
Mason            McKay            McTeer
Meacham          Neilson          Quinn
Rice             Riser            Robinson
Sandifer         Scott            Seithel
Sharpe           Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stoddard         Stuart           Thomas
Townsend         Tripp            Tucker
Vaughn           Walker           Wells
Whatley          Wilder           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.

So, the House refused to adjourn.

The question then recurred to the motion to recede until 1:45 P.M., which was agreed to.

At 1:45 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 Rep. HASKINS a leave of absence for the remainder of the day due to medical reasons.

The SPEAKER granted Reps. KEYSERLING, DELLENEY, McMAHAND and LIMBAUGH a leave of absence for the remainder of the day.

The following was received.
Columbia, S.C., April 5, 1995
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 3:00 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. H. BROWN the invitation was accepted.

The following Bill was taken up.

H. 3115 -- Reps. Shissias, Gamble, Neilson, Baxley, Allison, Elliott, Stuart and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARTIES IN A DIVORCE ACTION TO ATTEND THE PARENT AND CHILD TRANSITIONS PROGRAM, AN EDUCATIONAL PROGRAM CONDUCTED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ON THE EFFECTS OF DIVORCE ON CHILDREN; AND TO ADD SECTION 44-49-90 SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND IMPLEMENT THIS PROGRAM AND TO AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE PROGRAM.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21426AC.95).

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

/SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) In a proceeding involving minor children in matters of divorce, custody, or separation the court on its own motion or the motion of either party may order the parties to attend the Parent and Child Transitions program, an educational program to be conducted by the Department of Alcohol and Other Drug Abuse Services on the effects of divorce on children. The court must require the parties to pay to participate in the

SECTION 2. The 1976 Code is amended by adding:

"Section 44-49-90. The department shall develop and implement the Parent and Child Transitions program for use with the department's clients and as may be ordered by the Family Court in proceedings involving minor children in matters of divorce, custody, or separation. The department must charge a fee to participants in the program and must develop a sliding fee scale to apply in assessing these fees to make the program totally self-sufficient after the first year."

SECTION 3. The Legislative Audit Council must conduct a review of the Department of Alcohol and Other Drug Abuse Services' Parent and Child Transition program to evaluate the effectiveness of the program in assisting families and in particular children in coping with and adjusting to divorce. The council shall submit a report of its review and evaluation to the General Assembly before July 1, 1998.

SECTION 4. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

Rep. SHISSIAS spoke in favor of the amendment.

Rep. SHISSIAS spoke in favor of the amendment.

Rep. FULMER moved to recommit the Bill to the Judiciary Committee, which was agreed to.

The following Bill was taken up.

H. 3305 -- Reps. Kennedy, Whatley, Askins, Delleney, McCraw, S. Whipper and Phillips: A BILL TO AMEND SECTION 57-5-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS, SO AS TO REQUIRE INSTALLATION FOR EXISTING BUSINESS FACILITIES AND TO LIMIT THE LENGTH OF AN ENTRANCE.

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/SECTION 1. Section 57-5-1140 of the 1976 Code, as added by Section 48A, Part II, Act 501 of 1992, is amended to read:

"Section 57-5-1140. (A) The department shall construct at its expense with its maintenance forces the portion within the right-of-way of entrances and aprons to state highways at any point necessary to render adequate ingress and egress to the abutting property at locations where the driveways will not constitute hazardous conditions.

(B) The driveways must be of access to existing developed property or property that is being developed for the personal use of the owner and not for speculative or resale purposes. An entrance ten feet wide (paved portion) measured at right angles to the centerline of the driveway is the maximum width for one-way traffic. An entrance sixteen feet wide (paved portion) is the maximum width for two-way traffic. If pipe culvert is necessary for drainage, the department shall install the amount necessary for twelve inch, fifteen inch, eighteen inch, twenty-four inch, or thirty inch pipe. Should the driveway installation require pipe larger than thirty inches, the department may install the pipe and charge the homeowner for the difference in cost between thirty inch pipe and larger diameter pipe required.

(C) The driveways must be of access to existing developed property or property that is being developed for the business use of the owners. An entrance twenty feet wide (paved portion) measured at right angles to the centerline of the driveway is the maximum width for one-way traffic. An entrance fifty feet wide (paved portion) is the maximum width for two-way traffic. If a pipe culvert is necessary for drainage, the department may install the pipe at the business owner's expense.

(D) Driveways requiring drainage structures other than pipe must be brought to the attention of the State Maintenance Engineer. The entrances to be constructed as outlined in this section shall include base and surfacing as necessary to provide an all weather driveway entrance. If wider entrances or additional entrances are requested and approved, the construction may be performed by the department at the owner's expense."/

Amend title to conform.

Rep. KENNEDY explained the amendment.

Rep. ASKINS spoke in favor of the amendment.

Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Bailey           Boan             Brown, H.
Cain             Chamblee         Cotty
Dantzler         Easterday        Elliott
Fair             Felder           Fulmer
Hallman          Harrell          Harrison
Harwell          Herdklotz        Hodges
Huff             Hutson           Jaskwhich
Jennings         Keegan           Kelley
Kinon            Kirsh            Law
Limehouse        Littlejohn       Marchbanks
McTeer           Meacham          Rhoad
Robinson         Sandifer         Seithel
Sharpe           Sheheen          Simrill
Smith, D.        Smith, R.        Thomas
Tripp            Vaughn           Waldrop
Wells            Wilkins          Wofford
Worley           Young, A.

Those who voted in the negative are:

Allison          Anderson         Askins
Baxley           Breeland         Brown, G.
Brown, J.        Brown, T.        Byrd
Cato             Cave             Clyburn
Cooper           Davenport        Gamble
Harris, J.       Hines            Howard
Inabinett        Kennedy          Klauber
Knotts           Koon             Lanford
Lloyd            Mason            McCraw
McKay            Neal             Neilson
Rice             Riser            Rogers
Scott            Spearman         Stille
Stuart           Townsend         Trotter

Tucker           Walker           Whipper, L.
Whipper, S.      White            Wilder
Wilkes           Wright

So, the Bill was tabled.

The following Bill was taken up.

H. 3042 -- Reps. Kirsh, Meacham and Richardson: A BILL TO AMEND SECTION 40-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINANCIAL STATEMENT REQUIRED TO LICENSE A CONTRACTOR, SO AS TO REQUIRE AN AFFIDAVIT OF FINANCIAL CONDITION INSTEAD OF A FINANCIAL STATEMENT.

Rep. CATO moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.

The following Bill was taken up.

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

Reps. KEYSERLING, HERDKLOTZ, RICE, BAILEY, H. BROWN, RICHARDSON, HARRELL, KNOTTS, HALLMAN, WHATLEY, FULMER and LIMEHOUSE proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7344BDW.95), which was adopted.

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 50-21-870. (A) As used in this section:

(1)(a) `Personal watercraft' means a boat less than sixteen feet in length which:

(ii) is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel;

(iii) has the probability that the operator and passenger, in the normal course of use, may fall overboard.

(b) Personal watercraft includes, without limitation, a vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and a vessel commonly known as a `jet ski'.

(2) `Specialty propcraft' means a vessel which is similar in appearance and operation to a personal watercraft but is powered by an outboard or propeller-driven motor.

(3) `Motorized watercraft' means a vessel equipped with propulsion machinery of any type whether or not the machinery is the principal source of propulsion.

(4) `Floating device' includes kneeboards, aqua planes, surfboards, saucers, inner tubes, and other similar equipment.

(B) No person may:

(1) operate, be in possession of, or give permission to operate a personal watercraft or specialty propcraft while upon the waters of this State unless each person aboard the personal watercraft or specialty propcraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each personal flotation device must be fastened properly, in good and serviceable condition, and the proper size for the person wearing it;

(2) operate or be in possession of a personal watercraft, specialty propcraft, or motorized watercraft while upon the waters of this State after sunset or before sunrise without carrying and exhibiting an all-round white light visible at a minimum range of two miles and side lights visible at a minimum range of one mile;

(3) operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State unless it is equipped with a self-circling device or a lanyard-type engine cutoff switch;

(4) operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached

(5) operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in a way that would prohibit the self-circling device from operating in its intended manner;

(6) operate or be in possession of a personal watercraft, specialty propcraft, or motorized watercraft while upon the waters of this State in excess of the no wake speed within twenty-five feet of a moored or an anchored vessel, wharf, dock, or pier or within fifty feet of a person in the water;

(7) chase, harass, molest, worry, or disturb wildlife with a personal watercraft, specialty propcraft, or motorized watercraft except while lawfully angling for, hunting, or trapping wildlife;

(8) tow a water skier or a person on a floating device with a personal watercraft, specialty propcraft, or motorized watercraft unless the watercraft is equipped with a mirror which permits the operator to observe the person being towed or carrying a person other than the operator who is in position to observe the person being towed. No person may tow a water skier or a floating device unless the person being towed is wearing a personal flotation device as provided in item (1). A personal watercraft, specialty propcraft, or motorized watercraft may be used to tow another vessel when rendering assistance;

(9) operate while upon the waters of this State a personal watercraft, specialty propcraft, or motorized watercraft in a manner which unreasonably or unnecessarily endangers life, limb, or property including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to the other vessel or when visibility around the other vessel is obstructed, and swerving at the last possible moment to avoid collision;

(10) operate while upon the waters of this State a personal watercraft, specialty propcraft, or motorized watercraft in a manner so as to leave the water completely while crossing the wake of another vessel within fifty feet of the vessel creating the wake.

(C) It is unlawful for a person who owns a personal watercraft, specialty propcraft, or motorized watercraft or who has charge over or control of a personal watercraft, specialty propcraft, or motorized watercraft to authorize or knowingly to permit the personal watercraft, specialty propcraft, or motorized watercraft to be operated in violation of this section.

(E) This section does not apply to:

(1) the operation of personal watercraft, specialty propcraft, or motorized watercraft by the following personnel while in the performance of their official duties:

(a) law enforcement;

(b) emergency medical;

(c) civil defense;

(d) military;

(e) state and federally approved wildlife;

(f) those involved in biological research programs;

(2) activity on private waters;

(3) performers engaged in a professional exhibition or a person preparing to participate or participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition in an area and at a time designated for that purpose."

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

Amend title to conform.

Rep. RICE explained the amendment.

The amendment was then adopted.

Rep. RICE explained the Bill.

Rep. SPEARMAN moved to reconsider the vote whereby Amendment No. 1 was adopted, which was agreed to.

Rep. WITHERSPOON spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 55 to 22.

Rep. G. BROWN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5742BDW.95), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. The 1976 Code is amended by adding:

"Section 50-9-505. A person permitted pursuant to Section 50-9-500 is authorized to fish in any of the waters of this State with nonmanufactured tackle or natural bait."/

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