South Carolina General Assembly
106th Session, 1985-1986
Journal of the House of Representatives

MONDAY, MARCH 10, 1986

Monday, March 10, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 3:00 P.M.

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

O God, our Father, Who rules the world in wisdom and uprightness, make all our words and our every action conform with Your will. In the fragile and tangled human relationships, help us to be as exacting with ourselves as we are of others. Make our thinking keen and clear, our speech frank and open, and our decisions for the good of our fellowbeings and altogether in accord with Your will. Forbid that the glaring lights of temptation shall ever blur our vision of the moral law of Mt. Sinai or the eternal truths of the Sermon on the Mount which are as unchanging as the stars above. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by Rep. NEILSON.

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

RULES AND REGULATIONS RECEIVED

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

March 6, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 686)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on March 5, 1986 regulations concerning Minimum standards for licensing of hospitals and institutional general infirmaries in South Carolina from the Department of Health and Environmental Control.

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

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

March 6, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 701)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on March 6, 1986 regulations concerning Liquefied Petroleum Gas Board from the Budget and Control Board, Division of State Fire Marshal.

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

Sincerely,
Ramon Schwartz, Jr.

Received as information.

RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

March 6, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 587))

Dear Mrs. Shealy:

The South Carolina Department of Health and Environmental Control is hereby withdrawing and simultaneously resubmitting regulations with amendments concerning Establishing Standards for Licensing Community Residential Care Facilities, effective March 5, 1986. These regulations have been submitted to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. BLACKWELL moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.

MOTION ADOPTED

Rep. SHEHEEN moved that all contested Bills on the Calendar be printed by number only until the Appropriations Bill receives second reading which was agreed to.

MOTION ADOPTED

Rep. SCHWARTZ, with unanimous consent, moved that while debating the State Appropriations Bill, he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.

MOTION ADOPTED

Rep. MANGUM moved that the State Appropriations Bill be considered Section by Section, which was agreed to.

SENATE AMENDMENTS CONCURRED IN

The Senate returned to the House with amendments the following:

H. 3478 -- Reps. J.W. Johnson, Stoddard and Carnell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER LAKE GREENWOOD CONNECTING ROAD S-39 IN GREENWOOD COUNTY AND ROAD S-33 IN LAURENS COUNTY "THE SAM BLACKMON BRIDGE".

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEES

Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 2851 -- Rep. Huff: A BILL TO PROVIDE A PROCEDURE FOR THE DECENTRALIZATION OF ANY CONSOLIDATED SCHOOL DISTRICT IN THIS STATE WHICH IS LOCATED IN MORE THAN ONE COUNTY.

Ordered for consideration tomorrow.

Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3343 -- Reps. Barfield, Day, Beasley, Lockemy, Rigdon, G. Bailey, Elliott, Koon, Thrailkill, Gilbert, H. Brown, Helmly, Williams, Sharpe, Harvin, Davenport, Chamblee, J. Rogers, Waldrop, Shelton, Moss and Neilson: A BILL TO AMEND ACT 167 OF 1985 RELATING TO ORGANIZED RESCUE SQUADS AND VOLUNTEER FIRE DEPARTMENTS SOLICITING FUNDS FROM MOTORISTS WITHIN A MUNICIPALITY ON DESIGNATED DAYS UNDER CERTAIN CONDITIONS SO AS TO PERMIT A CHARITABLE OR ELEEMOSYNARY ORGANIZATION TO ALSO SOLICIT FUNDS FROM MOTORISTS WITHIN A MUNICIPALITY ON THE FIRST FRIDAY AND SATURDAY IN MAY UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 2767 -- Reps. Sharpe, M.D. Burriss and Jones: A BILL TO AMEND SECTION 44-61-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS, SO AS TO DELETE THE REQUIREMENT FOR RECERTIFICATION EVERY THREE YEARS.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3325 -- Rep. Hawkins: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF BARBER EXAMINERS AND THE STATE BOARD OF COSMETOLOGY.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. FREEMAN, from the Committee on York Delegation, submitted a favorable report, with amendments, on:

S. 870 -- Senator Hayes: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY SO AS TO REVISE AND FURTHER PROVIDE FOR THESE PRECINCTS.

S. 870--AMENDED AND ORDERED TO THIRD READING

On motion of Rep. HAYES, with unanimous consent, the following Bill was taken up for immediate consideration.

S. 870 -- Senator Hayes: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY SO AS TO REVISE AND FURTHER PROVIDE FOR THESE PRECINCTS.

Reps. FREEMAN, KIRSH and HAYES proposed the following Amendment No. 1, which was adopted.

Amend as and if amended.

By changing Section 2 to read:

This act shall take effect on January 1, 1987.

The Bill, as amended, was read the second time and ordered to third reading.

S. 870--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 870 be read the third time tomorrow.

CONCURRENT RESOLUTION

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

S. 1095 -- Senators J. Verne Smith, Bryan, Thomas, Theodore and Mitchell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE RECENTLY COMPLETED OVERPASS ON SOUTH MAIN STREET, SOUTH CAROLINA HIGHWAY 14, IN GREER THE "WORTH BARNETT OVERPASS".

Whereas, Worth Barnett served as Mayor of the city of Greer for many years and made a significant contribution to the construction of the recently completed overpass on South Main Street, South Carolina Highway 14, in Greer; and

Whereas, the members of the General Assembly believe that Mr. Barnett's distinguished public service and worthwhile contribution to the well-being of the people of Greer as well as his efforts on the construction of the overpass should be recognized by this resolution. Now, therefore,

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

That the Department of Highways and Public Transportation is requested to name the recently completed overpass on South Main Street, South Carolina Highway 14, in Greer the "Worth Barnett Overpass".

Be it further resolved that the Department of Highways and Public Transportation is requested to hold a ceremony officially dedicating the overpass and to erect appropriate markers with the following inscribed on the markers: "Worth Barnett Overpass". The costs for this must be paid out of the Greenville County "C" funds.

Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

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

S. 1096 -- Senator E. Patterson: A CONCURRENT RESOLUTION TO REQUEST THAT THE TIME FOR FILING OF THE REPORT OF THE INTERIM LEGISLATIVE STUDY COMMITTEE ON HUNGER AND NUTRITION BE EXTENDED TO MAY 15, 1986.

Whereas, because of the complexity of the subject and the subtlety of the problem, the Legislative Study Committee on Hunger and Nutrition is unable to complete its findings and recommendations and file its report with the General Assembly by April 1, 1986; and

Whereas, the Committee desires to place before the members of the General Assembly the most comprehensive and detailed report that this sensitive topic requires and demands and, therefore, requests that the date for filing its report be extended. Now, therefore,

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

That the time for filing the report of the Interim Study Committee on Hunger and Nutrition to the General Assembly is extended to May 15, 1986, and that after the report is printed, the committee be dissolved.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

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

S. 1097 -- Senators Thomas E. Smith, Jr., Martin, Lourie, McConnell, Holland, Hayes and Applegate: A CONCURRENT RESOLUTION TO FIX TWELVE NOON ON WEDNESDAY, MARCH 19, 1986, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE GEORGE T. GREGORY, JR., ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1986; SUCCESSORS TO THE FOLLOWING CIRCUIT COURT JUDGES: THE HONORABLE JOHN HAMILTON SMITH, JUDGE OF THE FIRST JUDICIAL CIRCUIT, THE HONORABLE RODNEY A. PEEPLES, JUDGE OF THE SECOND JUDICIAL CIRCUIT, THE HONORABLE DAN F. LANEY, JR., JUDGE OF THE THIRD JUDICIAL CIRCUIT, THE HONORABLE ANTHONY HARRIS, JUDGE OF THE FOURTH JUDICIAL CIRCUIT, THE HONORABLE DON S. RUSHING, JUDGE OF THE SIXTH JUDICIAL CIRCUIT, THE HONORABLE THOMAS L. HUGHSTON, JR., JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, THE HONORABLE WILLIAM B. TRAXLER, JR., JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, THE HONORABLE SIDNEY THOMAS FLOYD, JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, THE HONORABLE ROBERT LAWRENCE MCFADDIN, JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT; A SUCCESSOR TO THE HONORABLE FOX B. CAHALY, JUDGE OF THE FAMILY COURT SEAT 3, TENTH JUDICIAL CIRCUIT FOR THE UNEXPIRED PORTION OF HIS TERM WHICH ENDS FEBRUARY 29, 1989; AND SUCCESSORS TO MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE STATE AT LARGE.

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

That the House of Representatives and Senate meet in joint assembly in the hall of the House of Representatives at twelve noon on Wednesday, March 19, 1986, to elect a successor to the Honorable George T. Gregory, Jr., Associate Justice of the Supreme Court whose term expires July 31, 1986; successors to the following Circuit Court Judges: the Honorable John Hamilton Smith, Judge of the First Judicial Circuit, the Honorable Rodney A. Peeples, Judge of the Second Judicial Circuit, the Honorable Dan F. Laney, Jr., Judge of the Third Judicial Circuit, the Honorable Anthony Harris, Judge of the Fourth Judicial Circuit, the Honorable Don S. Rushing, Judge of the Sixth Judicial Circuit, the Honorable Thomas L. Hughston, Jr., Judge of the Eighth Judicial Circuit, the Honorable William B. Traxler, Jr., Judge of the Thirteenth Judicial Circuit, the Honorable Sidney Thomas Floyd, Judge of the Fifteenth Judicial Circuit, the Honorable Robert Lawrence McFaddin, Judge of the Sixteenth Judicial Circuit; a successor to the Honorable Fox B. Cahaly, Judge of the Family Court Seat 3, Tenth Judicial Circuit for the unexpired portion of his term which ends February 29, 1989 and successors to members of the South Carolina Public Service Commission from the first, second, third, fourth, fifth, and sixth congressional districts and the state at large.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1098 -- Senators Setzler, Shealy and Wilson: A CONCURRENT RESOLUTION RECOGNIZING THE OUTSTANDING PUBLIC SERVICE OF WILLIAM R. "BILL" PARRISH OF LEXINGTON COUNTY AND NAMING HIM "ELECTIONS COMMISSIONER EMERITUS".

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

H. 3629 -- Reps. Cooper and B.L. Hendricks: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. W. W. (BILL) TRIPP, SR., OF EASLEY, A DISTINGUISHED CIVIC AND POLITICAL LEADER AND A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, UPON HIS DEATH.

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

INTRODUCTION OF BILLS

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

H. 3618 -- Reps. Keyserling, Shelton, T. Rogers, J.H. Burriss and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 27 SO AS TO ESTABLISH REQUIREMENTS FOR NONPROFIT ORGANIZATIONS TO CLAIM TITLE TO CERTIFIED ABANDONED CULTURAL PROPERTY, TO REQUIRE A PROCEDURE BY WHICH THE ORGANIZATION HOLDING THE PROPERTY MUST MAKE NOTIFICATION IN ORDER TO CLAIM THE PROPERTY, TO ESTABLISH CONDITIONS UNDER WHICH CONSERVATION MEASURES MAY BE TAKEN TO PROVIDE A LIMITATION ON ACTIONS BROUGHT AGAINST ORGANIZATIONS, AND TO PROVIDE FOR THE EXCLUSIVE USE OF THIS CHAPTER TO DISPOSE OF PROPERTY TO WHICH IT APPLIES.

Referred to Committee on Education and Public Works.

H. 3619 -- Reps. Hayes, D. Martin, Huff, Gentry, J. Anderson, Sheheen, J. Arthur, J. Rogers, Brett, Short, J.C. Johnson, Ferguson, Toal, Limehouse, Gregory, Foster, Elliott, Rawl and Kirsh: A BILL TO AMEND SECTION 56-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENTS OF MOTOR VEHICLE LIABILITY INSURANCE POLICIES, SO AS TO INCREASE FROM FIVE TO TEN THOUSAND DOLLARS THE MINIMUM REQUIRED COVERAGE BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT.

Referred to Committee on Labor, Commerce and Industry.

H. 3620 -- Reps. Klapman, Limehouse, Koon, J.H. Burriss, Sturkie, Keyserling, Kirsh, Helmly and Cleveland: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 57, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION SO AS TO RECONSTITUTE THE MEMBERSHIP OF THE COMMISSION INCLUDING A PROVISION THAT ONE MEMBER THEREOF MUST BE ELECTED FROM EACH OF NINE HIGHWAY DISTRICTS THEREIN ESTABLISHED.

Referred to Committee on Education and Public Works.

H. 3621 -- Reps. Wilkins, P. Bradley, Blackwell, Rice, Mattos, Alexander, Fair, Brett, L. Phillips and Shelton: A BILL TO PROVIDE FOR THE FILLING OF A VACANCY ON THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY.

Referred to Committee on Education and Public Works.

H. 3622 -- Rep. Schwartz: A BILL TO AMEND ACT 189 OF 1985, RELATING TO REGULATION OF BAIL BONDSMEN AND RUNNERS, SO AS TO DELAY THE EFFECTIVE DATE OF THE ACT UNTIL JULY 1, 1986.

Referred to Committee on Judiciary.

H. 3623 -- Ways and Means Committee: A JOINT RESOLUTION TO AMEND ACT 194 OF 1979, RELATING TO STATE CAPITAL IMPROVEMENT BONDS, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF WINTHROP COLLEGE MAY PROVIDE A WRITTEN POLICY FOR PAID ADMISSIONS TO ATHLETIC FACILITIES IF IT DOES NOT IMPAIR THE COLLEGE'S ANNUAL DEBT SERVICE OBLIGATION.

Without reference.

H. 3624 -- Ways and Means Committee: A BILL TO AMEND SECTION 40-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR PHARMACISTS AND ASSISTANT PHARMACISTS AND TO AMEND SECTION 40-43-420, AS AMENDED, RELATING TO PHARMACY PERMITS SO AS TO INCREASE THE ANNUAL RENEWAL FEES THEREFOR.

Without reference.

H. 3625 -- Ways and Means Committee: A BILL TO AMEND SECTION 41-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE ON UNEMPLOYMENT COMPENSATION CONTRIBUTIONS FOR DELINQUENT REPORTS, SO AS TO REVISE THIS RATE; TO AMEND SECTION 41-31-110, RELATING TO THE COMPUTATION OF UNEMPLOYMENT COMPENSATION RATES FOR SUCCESSORS OF AN EMPLOYER, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RATES ARE TO BE COMPUTED; TO AMEND SECTION 41-31-140, RELATING TO THE PROHIBITION AGAINST THE TRANSFER OF EXPERIENCED RATING ACCOUNTS OF TRANSFERRING EMPLOYERS EXCEPT UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THESE CONDITIONS; AND TO AMEND SECTION 41-35-20, AS AMENDED, RELATING TO THE PAYMENT OF CERTAIN UNEMPLOYMENT COMPENSATION BENEFITS, SO AS TO PROVIDE FOR THE DENIAL OF BENEFITS TO EMPLOYEES OF EDUCATIONAL SERVICES AGENCIES DURING ESTABLISHED AND CUSTOMARY VACATION PERIODS OR HOLIDAY RECESSES.

Without reference.

H. 3626 -- Ways and Means Committee: A BILL TO AMEND ARTICLE 3, CHAPTER 27 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING SECTION 41-27-410 SO AS TO PROVIDE FOR A DEFINITION OF EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENTS; TO AMEND SECTIONS 41-31-10, 41-31-40, 41-31-50, AS AMENDED, 41-31-60, AS AMENDED, 41-31-80, AS AMENDED, AND 41-31-670, RELATING TO CERTAIN EMPLOYER CONTRIBUTIONS OR CONTRIBUTION RATES UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE THESE RATES; TO AMEND SECTION 41-31-150, RELATING TO THE TREATMENT OF FRACTIONS OF A CENT UNDER THE EMPLOYMENT SECURITY LAW; TO AMEND SECTION 41-31-360, RELATING TO ADJUSTMENTS AND REFUNDS; TO AMEND SECTION 41-31-380, RELATING TO A LIEN FOR CONTRIBUTIONS, INTEREST, PENALTIES, AND COSTS; TO AMEND SECTION 41-31-390, RELATING TO THE ISSUANCE OF WARRANTS OF EXECUTION FOR COLLECTION OF CONTRIBUTIONS; AND TO AMEND SECTION 41-31-400, RELATING TO THE PROCEDURES UNDER EXECUTION, SO AS TO INCLUDE CERTAIN REFERENCES TO EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENTS WITHIN THESE SECTIONS; TO AMEND CHAPTER 31 OF TITLE 41 OF THE 1976 CODE, RELATING TO CONTRIBUTIONS AND PAYMENTS UNDER THE EMPLOYMENT SECURITY LAW BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE PAYMENT AND COLLECTION OF EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENTS; AND TO AMEND ARTICLE 5, CHAPTER 33 OF TITLE 41 OF THE 1976 CODE, RELATING TO THE EMPLOYMENT SECURITY SPECIAL ADMINISTRATION FUND BY ADDING SECTION 41-33-710 SO AS TO ESTABLISH THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY FUND AND PROVIDE FOR THE MANNER IN WHICH THE MONEY IN THIS FUND MUST BE DEPOSITED, ADMINISTERED, AND DISBURSED.

Without reference.

H. 3627 -- Reps. Russell, McKay, Foxworth, Edwards, McLeod, Hawkins, Petty, Alexander, Beasley, Brett, Chamblee, Aydlette, Moss, Waldrop, Rawl, W. Arthur, McEachin, Derrick, J. Rogers, Davenport, Wilkins, Ferguson, Blanding, McBride, R. Brown, Thrailkill, Cork, Klapman, J. Anderson, Sturkie, T.M. Burriss, Hearn, Limehouse, J.W. Johnson, G. Brown, S. Anderson, Day, Short, Gregory, Huff, Freeman, Toal, Evatt, Hayes and McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6240 SO AS TO PROVIDE FOR A TWENTY-FIVE PERCENT REDUCTION IN ANY FINE AND POINTS ASSESSED FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS IF THE OFFENDER IS WEARING A SEAT BELT AT THE TIME OF THE VIOLATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-7-60 SO AS TO PROVIDE SPACE ON THE UNIFORM TRAFFIC TICKET TO NOTE IF THE OFFENDER WAS WEARING HIS SEAT BELT.

Referred to Committee on Judiciary.

H. 3628 -- Rep. Aydlette: A BILL TO ADD TO THE STATE HIGHWAY SYSTEM REGATTA, GRAND CONCOURSE, AND HARBORTOWNE ROADS IN CHARLESTON COUNTY.

On motion of Rep. AYDLETTE, with unanimous consent, the Bill was placed on the Calendar without reference.

S. 747 -- Senators Saleeby, Holland, Land, Martin and McLeod: A BILL TO ENACT THE MOTOR VEHICLE CHOP SHOP, STOLEN, AND ALTERED PROPERTY ACT, TO PROVIDE PENALTIES, INCLUDING FORFEITURE, FOR VIOLATIONS, AND TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE OFFENSES ESTABLISHED IN THIS ACT.

Referred to Committee on Education and Public Works.

H. 3628--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. AYDLETTE, with unanimous consent, it was ordered that H. 3628 be read the second and third times the next two successive legislative days.

ROLL CALL

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

Schwartz               Alexander              Altman
Anderson, J.           Arthur, J.             Arthur, W.
Aydlette               Bailey, G.             Bailey, K.
Barfield               Blackwell              Blanding
Blatt                  Boan                   Brett
Brown, H.              Brown, R.              Burriss, M.D.
Chamblee               Cleveland              Cooper
Cork                   Dangerfield            Davenport
Faber                  Fair                   Ferguson
Foxworth               Gilbert                Gordon
Griffin                Harris, P.             Harvin
Hawkins                Hayes                  Hearn
Helmly                 Hendricks, B.          Hendricks, L.
Holt                   Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Koon                   Lake
Lewis                  Limehouse              Lockemy
Mangum                 Martin, D.             Martin, L.
Mattos                 McBride                McEachin
McKay                  McLellan               McLeod
McTeer                 Mitchell               Moss
Neilson                Nettles                Ogburn
Pearce                 Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rigdon                 Rogers, T.             Russell
Sharpe                 Sheheen                Shelton
Short                  Simpson                Stoddard
Taylor                 Thrailkill             Toal
Tucker                 Washington             White
Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on March 10, 1986.

L. Edward Bennett                 Tom G. Woodruff
Lenoir Sturkie                    Dave C. Waldrop
John H. Burriss                   David H. Wilkins
Paul Derrick                      Parker Evatt
Fred Day                          Philip T. Bradley
J. Rogers                         D. Beasley
Sterling Anderson                 John Felder
D. Elliott                        Larry E. Gentry
Tom Marchant                      Samuel R. Foster
DeWitt Williams                   Grady Brown
Jack Gregory                      Marion P. Carnell
Jennings G. McAbee                Thomas E. Huff
Total--112

LEAVES OF ABSENCE

The SPEAKER granted Reps. TOWNSEND, SNOW and EDWARDS a leave of absence for the day.

The SPEAKER granted Rep. JONES a leave of absence for the week.

STATEMENT BY REP. LOCKEMY

On motion of Rep. CORK, with unanimous consent, Rep. LOCKEMY'S remarks were ordered printed in the Journal as follows:

Mr. Speaker and Members of the House:

I have written down the words I am about to say because I am not sure that emotion would permit me to speak off the cuff concerning this.

Last week, I attended the ceremonies in San Antonio, Texas concerning the 150th anniversary of the fall of the Alamo. It's funny, the word anniversary really should not be used here because it was a very solemn occasion, but for lack of a better word that is what I will use. While there, I realized that people in America are aware of South Carolina's contributions to not only the history of Texas but to the history and development of our country. That battle alone had more to do with the opening of the West and the expansion of our country from the Atlantic to the Pacific than any other incident in American history.

When last year I began to move for recognition for the individuals from South Carolina who willingly gave their lives to seek the independence of Texas and to further the American spirit, I did so with a desire to inform the rest of this country of South Carolina achievement. I find now, after it is all over, that the rest of the country is more aware of our achievement than the people of this State are aware of it. You cannot imagine the feeling of pride when I was permitted to walk in the final pageant and carry our South Carolina flag as they read the names of the South Carolinians who died at the Alamo and the applause that came as someone dressed as William Travis walked next with his sword and looking so bold and brave as did the man as Bonham and Neggan and the two Nelson brothers and Crawford and Simmons. The country knows of our achievement but we also need to know about it.

Regardless of that, you did me a great honor by permitting me to represent our State in Texas. Last year when things appeared lowest as they could be regarding my efforts to seek recognition, many of you in this House came to my aid. As Travis received no help, I received a lot, and without it these efforts would have received the same results as his fall at the Alamo. I still remember when it had been knocked out of the budget, John Bradley stood up and said, "What's happened to our money for the South Carolinians at the Alamo?" I still remember Mr. Mangum agreeing to do whatever he could to help in this endeavor. Many others of you came and offered your assistance and for that I am grateful, including Rep. Beasley who took up a collection which helped pay my expenses and the newspapers who took up the cause--Greenville News, The State and Charles Wickenburg, as well as my home town Dillon Herald.

To conclude, my appearance there last week was exhilarating to say the least. To walk in the same footsteps as those heroes causes one to tremble and to feel humble just being in the same space as they. Thank you so very much for your help to this insignificant history buff that he could realize a dream that began in the 7th grade. I hope that now we can educate our State and form a private group if necessary to better inform the citizens of this State of the heroes at the Alamo. One day I would love to see a monument or a marker on the State House grounds commemorating their efforts and commemorating their deaths which enabled America to become a land from sea to shining sea.

But I will never forget each and everyone of you. I am aware that there will be many battles in the legislature that we will individually disagree on, but of this one event, I am indebted to you for helping to make my dreams come true. I have left a little momento which I purchased for you on March 6, 1986 at the Alamo and please know that it is only a small token to thank you for remembering me, but more importantly you remembered the Alamo.

Thank you from the bottom of my heart.

S. 977--DEBATE ADJOURNED

Rep. B.L. HENDRICKS moved to adjourn debate upon the following Bill, which was adopted.

S. 977 -- Senator Nell Smith: A BILL TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO DELETE THE NUMERICAL DESIGNATION OF EACH PRECINCT.

SENT TO THE SENATE

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

H. 3612 -- Reps. Dangerfield, Sheheen, Toal, Hearn and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-55 TO ALLOW A JUDGE OF PROBATE, CLERK OF COURT, MASTER, CIRCUIT JUDGE, OR A MEMBER OF THE INDUSTRIAL COMMISSION TO APPOINT A GUARDIAN AD LITEM FOR A MINOR OR MENTALLY INCOMPETENT PERSON WHO IS A PARTY IN A PROCEEDING BEFORE THE INDUSTRIAL COMMISSION.

H. 3309--DEBATE ADJOURNED

Rep. KLAPMAN moved to adjourn debate upon the following Bill, which was adopted.

H. 3309 -- Rep. Rawl: A BILL TO AMEND ACT 76 OF 1977, AS AMENDED, THE "SOUTH CAROLINA STATE HOUSING AUTHORITY ACT OF 1977", SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE "STATE HOUSING AUTHORITY PROGRAM FUND" TO BE ADMINISTERED BY THE STATE HOUSING AUTHORITY, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE USE OF THE MONIES IN THE FUND AND THE INVESTMENT OF CERTAIN PORTIONS OF THESE MONIES.

H. 3361--DEBATE ADJOURNED

The following Bill was taken up.

H. 3361 -- Rep. T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-5-250 SO AS TO PROVIDE THAT THE OFFICE OF THE STATE TREASURER IS A LIMITED TRUST COMPANY FOR PURPOSES OF THE FEDERAL RESERVE BOARD.

Rep. T.M. BURRISS explained the Bill.

Rep. KLAPMAN moved to adjourn debate upon the Bill, which was adopted.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3555 -- Rep. Rawl: A BILL TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL DEALERS OF ALCOHOLIC LIQUORS SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION FROM A "MINOR" TO A "PERSON OF TWENTY-ONE YEARS OF AGE."

H. 3558 -- Rep. Rawl: A BILL TO AMEND SECTION 61-9-455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT CERTAIN SIGNS BE POSTED IN RETAIL ESTABLISHMENTS THAT SELL BEER, ALE, PORTER, OR WINE REGARDING THE UNLAWFUL PURCHASE OF BEER, ALE, PORTER, OR WINE SO AS TO REVISE THE REQUIRED WORDING OF THESE SIGNS.

Rep. HEARN explained the Bill.

H. 3559 -- Rep. Rawl: A BILL TO REPEAL SECTION 61-9-345, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS BEING REQUIRED FOR ROUTE SALESMEN OR WAREHOUSE SALESMEN OF BEER WHOLESALERS.

Rep. HEARN explained the Bill.

H. 3607 -- Reps. Limehouse, Fair, Ferguson, Davenport, Petty, Koon, Klapman, Foxworth, Gentry, Hayes, J. Anderson and Wilkins: A BILL TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION, UPON THE REQUEST OF A PUBLIC OFFICIAL OR AT THE DIRECTION OF THE CHIEF IF A THREAT OF BODILY HARM HAS BEEN MADE AGAINST THE OFFICIAL OR HIS IMMEDIATE FAMILY, MAY PROVIDE PROTECTION TO THE OFFICIAL OR HIS FAMILY FOR A PERIOD OF NOT MORE THAN SEVENTY-TWO HOURS AND TO PROVIDE THAT AFTER A PERIOD OF SEVENTY-TWO HOURS, THE PROTECTION MAY ONLY BE CONTINUED WITH THE WRITTEN APPROVAL OF THE GOVERNOR.

S. 126 -- Senator Thomas E. Smith, Jr.: A BILL TO AUTHORIZE EVERY STANDING COMMITTEE OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, EVERY JOINT STUDY COMMITTEE OF THE GENERAL ASSEMBLY, AND EVERY JOINT SUBCOMMITTEE OF STANDING COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES TO ISSUE SUBPOENAS, ADMINISTER OATHS, TAKE DEPOSITIONS, AND RECEIVE TESTIMONY AND EVIDENCE AS NECESSARY TO CARRY OUT ITS DUTIES, INCLUDING SUBPOENAS FOR OTHERWISE CONFIDENTIAL RECORDS; TO PROVIDE A METHOD FOR LIMITING, REVOKING, OR MODIFYING SUBPOENAS ISSUED; TO PERMIT THE RECEIPT OF TESTIMONY AND EVIDENCE IN EXECUTIVE SESSION FOR GOOD CAUSE SHOWN; TO PROVIDE FOR THE ENFORCEMENT OF SUBPOENAS; AND TO GRANT IMMUNITY FROM CIVIL OR CRIMINAL ACTIONS TO PERSONS PRODUCING MATERIALS PURSUANT TO SUBPOENA.

H. 3555--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. HOLT, with unanimous consent, it was ordered that H. 3555 be read the third time tomorrow.

H. 3558--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. HEARN, with unanimous consent, it was ordered that H. 3558 be read the third time tomorrow.

OBJECTION TO MOTION

Rep. HEARN asked unanimous consent that H. 3559 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 3607--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. LIMEHOUSE, with unanimous consent, it was ordered that H. 3607 be read the third time tomorrow.

OBJECTION TO MOTION

Rep. HOLT asked unanimous consent that S. 126 be read a third time tomorrow.

Rep. McTEER objected.

H. 3601--COMMITTED

The following Bill was taken up.

H. 3601 -- Reps. Alexander, Blackwell, P. Bradley, Brett, Fair, Marchant, Mattos, L. Phillips, Rice, Rigdon, Shelton and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE ANY SCHOOL DISTRICT WITH A STUDENT POPULATION OF FORTY-FIVE THOUSAND OR MORE TO PURCHASE TORT LIABILITY OR PROPERTY INSURANCE FROM PRIVATE CARRIERS.

Rep. McTEER moved to commit the Bill to the Committee on Ways and Means, which was agreed to.

MOTION ADOPTED

Rep. MANGUM moved to reimburse Reps. LOCKEMY and KOHN for their trip representing South Carolina to "The Alamo" out of Approved Accounts, not to exceed $500.00, which was agreed to.

H. 3236--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3236 -- Rep. P. Harris: A BILL TO AMEND SECTION 43-38-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS BY THE OMBUDSMAN OF THE GOVERNOR'S OFFICE, SO AS TO AUTHORIZE A GENERAL HOSPITAL IN WHICH A CLIENT, PATIENT, OR RESIDENT OF A HEALTH FACILITY HAS BEEN TREATED DURING THE PERIOD UNDER INVESTIGATION TO RELEASE MEDICAL RECORDS TO THE OMBUDSMAN UPON HIS WRITTEN REQUEST.

Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. l, (Doc. No. 2479R) which was adopted.

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

/SECTION     1.     Section 43-38-20 of the 1976 Code is amended to read:

"Section 43-38-20. The ombudsman of the office of the Governor is hereby authorized to investigate any problem or complaint on behalf of any interested party or any client, patient, or resident of any facility as defined in this chapter. In carrying out any such the investigation, he may request and receive written statements, documents, exhibits, and other items pertinent to the investigation. These items include medical records of a general hospital in which a client, patient, or resident has been treated during the period under investigation. General hospitals are authorized to release the medical records to the ombudsman upon his written request without the necessity of patient authorization. Following any such the investigation he may issue such a report and recommendations as in his opinion will assist in improving the facility under investigation."

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

Amend and title to conform.

Rep. WHITE explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3236--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WHITE, with unanimous consent, it was ordered that H. 3236 be read the third time tomorrow.

H. 3617--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3617 -- Reps. Taylor, McBride, Faber, Harvin, Mitchell and K. Bailey: A JOINT RESOLUTION TO REQUIRE ALL STATE AGENCIES, POLITICAL SUBDIVISIONS, AND AGENCIES OF POLITICAL SUBDIVISIONS TO SUBMIT IN WRITING, NOT LATER THAN SIXTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, TO THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES A LIST OF EVERY ONE OF ITS INVESTMENTS, INCLUDING THE AMOUNT THEREOF, IN ANY FINANCIAL OR GOVERNMENTAL ENTITY OF THE COUNTRY OF SOUTH AFRICA OR IN CERTAIN BUSINESS ENTERPRISES OR CHARITABLE FOUNDATIONS CONNECTED WITH SOUTH AFRICA.

POINT OF ORDER

Rep. M.D. BURRISS 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.

H. 2597--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2597 -- Reps. Schwartz and Griffin: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PISTOLS, SO AS TO CHANGE THE WORD PISTOLS TO WEAPONS AND TO PERMIT THE LAW ENFORCEMENT AGENCY TO TRADE A CONFISCATED WEAPON WITH A RETAIL DEALER LICENSED IN THIS STATE FOR A WEAPON APPROVED BY THE AGENCY.

Rep. GRIFFIN proposed the following Amendment No. 1 (Doc. No. 2571R), which was adopted.

Amend the bill, as and if amended, by striking Section 1 and inserting:

/SECTION     1. Section 16-23-50 of the 1976 Code is amended to read:

"Section 16-23-50. Any person including a dealer violating any of the provisions of this article shall be deemed is guilty of a felony and upon conviction shall must be fined not more than two thousand dollars or be imprisoned for not more than two years, or both. Provided, however, that any Any person violating the provisions of Section 16-23-20 shall be deemed is guilty of a misdemeanor and upon conviction shall must be fined not more than one thousand dollars or be imprisoned for not more than one year, or both.

When a violation occurs within a municipality the fines collected shall must be delivered to the municipality by the clerk of court. If the violation occurs outside a municipality, the fines shall must be delivered to the county treasurer.

Any person convicted of violating the provisions of this article, in addition to the penalty provided herein, shall have the pistol weapon involved in such the violation confiscated. Notwithstanding any other provisions of law, such pistol shall the weapon must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols shall weapons may use them within their department, transfer them to another law enforcement agency, trade them with a retail dealer licensed to sell weapons in this State for a weapon approved by the agency, or destroy them. Records shall must be kept of all confiscated pistols weapons received by the law enforcement agencies under the provisions of this article."/

Amend title to conform.

Rep. GRIFFIN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 2597--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. GRIFFIN, with unanimous consent, it was ordered that H. 2597 be read the third time tomorrow.

LEAVE OF ABSENCE

The SPEAKER granted Rep. OGBURN a leave of absence for the remainder of the day.

STATEMENT BY REP. McLELLAN

Rep. McLELLAN made a statement relative to the General Appropriations Bill.

Rep. McLELLAN moved that the House resolve itself into a Committee of the Whole, which was agreed to.

COMMITTEE OF THE WHOLE

The SPEAKER appointed Rep. WINSTEAD Chairman of the Committee.

THE COMMITTEE RISES

At 4:50 P.M., the Committee arose.

H. 3550--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3550 -- 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, 1986 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 THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT COMPENSATION INCREASES AS DEFINED IN THIS SECTION AND AWARDED ON OR BEFORE JUNE 30, 1986, SHALL CONTINUE TO BE PAID TO EMPLOYEES WHO REMAIN COVERED UNDER THE STATE CLASSIFICATION AND COMPENSATION PLAN, AND TO PROHIBIT THE AWARDING OF ADDITIONAL COMPENSATION INCREASES AFTER JUNE 30, 1986; TO AMEND SUBSECTION (3) OF SECTION 16 OF PART II OF ACT 512 OF 1984, RELATING TO THE PHASED-IN EXEMPTION OF BUSINESS INVENTORIES FROM AD VALOREM TAXATION, SO AS TO, EFFECTIVE JULY, 1987, FIX STATE REIMBURSEMENT TO COUNTIES' AND MUNICIPALITIES' REVENUE LOSSES FROM THE EXEMPTION TO THOSE ATTRIBUTABLE TO THE 1986 TAXABLE YEAR AMOUNT, TO LIMIT, EFFECTIVE JULY 1, 1987, TO THE 1986 ASSESSED VALUATION OF BUSINESS INVENTORIES THE AMOUNT OF TAXABLE PROPERTY REPRESENTED BY INVENTORIES FOR PURPOSES OF THE BONDED INDEBTEDNESS LIMIT AND THE INDEX OF TAXPAYING ABILITY PURSUANT TO THE EDUCATION FINANCE ACT, TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO EXEMPT BUSINESS INVENTORIES BEGINNING WITH THE 1987 TAXABLE YEAR, AND TO REPEAL, EFFECTIVE JULY 1, 1987, ITEMS (A) AND (C) OF SUBSECTION 3 OF SECTION 16 OF PART II OF ACT 512 OF 1984, RELATING TO THE PHASED-IN EXEMPTION OF BUSINESS INVENTORIES FROM AD VALOREM TAXES AND THE REIMBURSEMENT FORMULA FOR REVENUES LOST DURING THE PHASE-IN PERIOD; TO PROVIDE THAT FOR TAXABLE YEARS BEGINNING AFTER 1985, INDIVIDUAL STATE INCOME TAX BRACKETS SHALL REVERT TO THOSE PROVIDED IN SECTION 12-7-210 OF THE 1976 CODE WITHOUT REGARD TO ANY INFLATION ADJUSTMENT, AND TO REPEAL SECTION 23, PART II, OF ACT 517 OF 1980 AND SUBSECTION B OF SECTION 8, PART II, OF ACT 201 OF 1985, BOTH RELATING TO ANNUAL INFLATION ADJUSTMENTS; TO AMEND ACT 194 OF 1979, RELATING TO STATE CAPITAL IMPROVEMENT BONDS, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF WINTHROP COLLEGE MAY PROVIDE A WRITTEN POLICY FOR PAID ADMISSIONS TO ATHLETIC FACILITIES IF IT DOES NOT IMPAIR THE COLLEGE'S ANNUAL DEBT SERVICE OBLIGATION; TO AMEND SECTION 59-24-110 OF THE 1976 CODE RELATING TO THE SCHOOL PRINCIPAL INCENTIVE PROGRAM SO AS TO PROVIDE THAT FUNDS FOR THIS PROGRAM MUST BE DISTRIBUTED TO THE SCHOOL DISTRICTS ON A PER PRINCIPAL BASIS INSTEAD OF A PER PUPIL BASIS AND TO PROVIDE THAT SCHOOL PRINCIPAL INCENTIVE AWARDS MUST BE CAPPED AT FIVE THOUSAND DOLLARS PER PRINCIPAL; TO AMEND SECTION 1-11-75 OF THE 1976 CODE RELATING TO FEES CHARGED BY THE STATE BUDGET AND CONTROL BOARD TO APPLICANTS FOR PERMITS FOR CONSTRUCTION, DREDGING OR OTHER ACTIVITY IN NAVIGABLE WATERS OF THIS STATE SO AS TO INCREASE THESE FEES; TO AMEND ACT 145 OF 1983 RELATING TO THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY SO AS TO PROVIDE THAT THE PROGRAM FUNDS OF THE AUTHORITY MUST BE INVESTED BY THE STATE TREASURER IN THE MANNER PROVIDED BY LAW; TO AMEND SECTIONS 40-13-10, 40-13-20, 40-13-90, 40-13-100, 40-13-110, 40-13-120 AND 40-13-280 OF THE 1976 CODE, AS AMENDED, RELATING TO COSMETOLOGY AND COSMETOLOGISTS SO AS TO PROVIDE THAT MANICURISTS AND ESTHETICIANS ARE NO LONGER REQUIRED TO BE LICENSED BY THE STATE BOARD OF COSMETOLOGISTS AND TO PROVIDE THAT NO FEES HERETOFORE PAID TO THE STATE BOARD OF COSMETOLOGY BY ANY PERSON FOR A MANICURIST'S OR ESTHETICIAN'S LICENSE ARE REFUNDABLE.

SECTION 1

Section 1 was adopted.

SECTION 1A

Section 1A was adopted.

SECTION 2

Section 2 was adopted.

SECTION 3A--ADOPTED

Reps. LIMEHOUSE, KAY, FOXWORTH, MOSS and DAVENPORT proposed the following Amendment No. 29 (Doc. No. 2658R), which was tabled.

Amend the bill, as and if amended, in PART I, SECTION 3A (LEG. DEPT-THE SENATE), page 6, by deleting line 32 (SECURITY-GRESSETTE BUILDING) in its entirety

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. McABEE spoke against the amendment and moved to table the amendment.

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

Yeas 57; Nays 33

Those who voted in the affirmative are:

Schwartz               Anderson, S.           Arthur, J.
Bailey, G.             Bailey, K.             Barfield
Blackwell              Blanding               Boan
Brown, H.              Carnell                Cooper
Dangerfield            Day                    Derrick
Elliott                Evatt                  Faber
Felder                 Foster                 Gentry
Gordon                 Gregory                Harris, P.
Harvin                 Hawkins                Helmly
Hendricks, B.          Holt                   Johnson, J.W.
Keyserling             Kirsh                  Lewis
Mangum                 Martin, D.             Martin, L.
McAbee                 McKay                  McLellan
McTeer                 Mitchell               Neilson
Nettles                Pearce                 Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, T.             Sheheen                Stoddard
Thrailkill             Toal                   Tucker
Washington             White                  Williams

Total--57

Those who voted in the negative are:

Alexander              Altman                 Anderson, J.
Bradley, P.            Brett                  Brown, R.
Burriss, M.D.          Burriss, T.M.          Chamblee
Cleveland              Cork                   Davenport
Fair                   Ferguson               Foxworth
Gilbert                Hayes                  Hearn
Huff                   Johnson, J.C.          Kay
Limehouse              Lockemy                Mattos
McBride                McEachin               McLeod
Moss                   Petty                  Russell
Short                  Simpson                Taylor

Total--33

So, the amendment was tabled.

Reps. LIMEHOUSE, KAY, FOXWORTH, MOSS and DAVENPORT proposed the following Amendment No. 30 (Doc. No. 2655R), which was tabled.

Amend the bill, as and if amended, in PART I, Section 3A, (Leg. Dept - The Senate), page 002, line 10, by inserting in columns 7 and 8 respectively /61,828/ opposite /Clerk & Dir, Office Senate Research (P)/.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

Rep. McLELLAN spoke against the amendment and moved to table the amendment which was agreed to.

Section 3A was adopted.

SECTION 3B--ADOPTED

Reps. SHEHEEN moved to adjourn debate upon the Section, which was rejected.

Rep. McABEE explained the Section.

Section 3B was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Reps. MOSS and O. PHILLIPS a leave of absence for the remainder of the day.

SECTION 3C

Section 3C was adopted.

SECTION 3D--ADOPTED

Reps. LIMEHOUSE, KAY, FOXWORTH, MOSS and DAVENPORT proposed the following Amendment No. 28 (Doc. No. 2649R), which was tabled.

Amend the bill, as and if amended, in PART I, SECTION 3D (LEG. DEPT-CODIFICATION OF LAWS & LEG COUNCIL), page 017, line 4, by inserting in columns (7) and (8) respectively /66,529/ opposite /CODE COMMISSIONER AND DIRECTOR (P)/.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. McABEE spoke against the amendment and moved to table the amendment which was agreed to.

Section 3D was adopted.

On motion of Rep. McABEE, with unanimous consent, the Ways and Means Committee proposed the following Amendment No. 19, which was adopted.

Amend, as and if amended, Part I, Section 3, Legislative Department, page 017, line 04, by inserting in columns (7) and (8): $/68,525/.

Amend Further, page 020, line 10, by inserting in columns (7) and (8): $/172,022/.

Amend Further, page 021, line 03, by inserting in columns (7) and (8): $/49,123/.

Amend Further, page 023, line 02, by inserting in columns (7) and (8): $/75,818/.

Amend Further, page 024, line 03, by inserting in columns (7) and (8): $/54,222/.

Amend Further, page 024, line 34, by inserting in columns (7) and (8): $/117,860/.

Amend Further, page 026, line 03, by inserting in columns (7) and (8): $/49,034/.

Amend Further, page 027, line 04, by inserting in columns (7) and (8): $/81,952/.

Amend Further, page 028, line 03, by inserting in columns (7) and (8): $/47,046/.

Amend Further, page 030, line 24, by inserting in columns (7): $/67,759/, and in column (8): $/67,538/.

Amend Further, page 031, line 03, by inserting in columns (7) and (8): $/51,314/.

Amend Further, page 031, line 22, by inserting in columns (7): $/22,328/, and in column (8): $/16,329/.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

SECTION 3E--ADOPTED

Reps. LIMEHOUSE, KAY, FOXWORTH, MOSS and DAVENPORT proposed the following Amendment No. 27 (Doc. No. 2650R), which was tabled.

Amend the bill, as and if amended, in PART I, SECTION 3E (LEG. DEPT-LEG PRINTING & INF. TECH. RES.), page 021, line 3, by inserting in columns (7) and (8) respectively /49,123/ opposite /DIRECTOR (P)/.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

Rep. McABEE moved to table the amendment.

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

Yeas 47; Nays 30

Those who voted in the affirmative are:

Schwartz               Altman                 Anderson, S.
Arthur, J.             Arthur, W.             Bailey, G.
Bailey, K.             Blackwell              Blanding
Boan                   Carnell                Dangerfield
Derrick                Elliott                Felder
Gentry                 Gilbert                Harris, P.
Harvin                 Hawkins                Hayes
Hendricks, B.          Holt                   Huff
Johnson, J.W.          Keyserling             Kirsh
Lewis                  Mangum                 Martin, D.
Mattos                 McAbee                 McKay
McLeod                 McTeer                 Mitchell
Nettles                Pearce                 Phillips, L.
Rogers, T.             Russell                Sheheen
Short                  Stoddard               Toal
Tucker                 Williams

Total--47

Those who voted in the negative are:

Anderson, J.           Barfield               Beasley
Bradley, P.            Brown, H.              Brown, R
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Chamblee               Cleveland              Cooper
Cork                   Davenport              Day
Fair                   Ferguson               Foxworth
Hearn                  Kay                    Limehouse
Lockemy                McBride                McEachin
Neilson                Petty                  Rice
Rogers, J.             Simpson                Taylor

Total--30

So, the amendment was tabled.

Rep. McABEE explained the Section.

Section 3E was adopted.

SECTION 3F--AMENDED AND ADOPTED

Reps. J. ANDERSON, TOAL and HUFF proposed the following Amendment No. 23 (Doc. No. 2644R), which was adopted.

Reference is to bill as introduced by Ways and Means Committee.

Amend the bill, as and if amended, in SECTION 3F (LEG. DEPT-LEG AUDIT COUNCIL), PART I, page 024, by inserting immediately after line 29:

(7)     (8)

/Fraud Hot Line     10,000     10,000/
and by inserting at the end of the Section on page 025:

/Provided, That, there is created within the Legislative Audit Council a Fraud Hot Line. This Hot Line is a statewide toll free telephone line which is to be used by the citizens of this State to report incidences of waste, fraud, and abuse of state funds. The Legislative Audit Council is directed to advertise this Fraud Hot Line in appropriate publications and in the media./

Amend totals and title to conform.

Rep. J. ANDERSON explained the amendment.

The amendment was then adopted.

Section 3F as amended was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. L. MARTIN a leave of absence for the remainder of the day.

SECTION 3G

Section 3G was adopted.

SECTION 3H

Rep. KIRSH explained the section.

Section 3H was adopted.

SECTION 3I

Section 3I was adopted.

Rep. R. BROWN moved that the House do now adjourn.

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

Yeas 51; Nays 40

Those who voted in the affirmative are:

Altman                 Anderson, S.           Arthur, J.
Arthur, W.             Aydlette               Bailey, K.
Beasley                Bradley, P.            Brett
Brown, G.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Cooper
Cork                   Davenport              Day
Elliott                Faber                  Fair
Ferguson               Foster                 Foxworth
Gentry                 Gilbert                Harvin
Hawkins                Hearn                  Hendricks, B.
Holt                   Kirsh                  Koon
McKay                  McLeod                 Mitchell
Nettles                Phillips, L.           Rhoad
Rice                   Rogers, J.             Russell
Shelton                Short                  Simpson
Taylor                 Thrailkill             Washington
White                  Wilkins                Winstead

Total--51

Those who voted in the negative are:

Schwartz               Alexander              Anderson, J.
Bailey, G.             Barfield               Blackwell
Boan                   Brown, H.              Carnell
Chamblee               Cleveland              Dangerfield
Derrick                Evatt                  Felder
Gregory                Harris, P.             Helmly
Huff                   Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Klapman
Lewis                  Limehouse              Mangum
Martin, D.             McAbee                 McBride
McEachin               McLellan               McTeer
Pearce                 Petty                  Rogers, T.
Sheheen                Stoddard               Toal
Tucker

Total--40

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.

MOTION NOTED

Rep. SCHWARTZ moved to reconsider the vote whereby Sections 1, 1A, 2, 3A, 3B, 3C, 3D, 3E, 3F, 3G, 3H, and 3I were adopted and the motion was noted.

ADJOURNMENT

At 5:55 P.M. the House in accordance with the motion of Rep. R. BROWN adjourned to meet at 10:00 A.M. tomorrow.

* * *


This web page was last updated on Tuesday, June 30, 2009 at 1:41 P.M.