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

WEDNESDAY, APRIL 15, 1987

Wednesday, April 15, 1987
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

All around, O Lord, we see abundant and undeniable evidence of Your presence. Forbid that we should live this day, or any day, with ungrateful hearts or unseeing eyes. When the storms come, enable us to see then, as always, our dependence upon You, solemnizing us in the knowledge of the littleness of man and the power of God. Then in every circumstance and condition, may we hear the voice of Heaven giving us words of encouragement: "Be still and know that I am God".

So in complete confidence in Your great power, enable us to live by the words of wisdom given in Proverbs: "He is a Shield unto them that put their trust in Him" (Proverbs 30:5b). 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.

RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 14, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives     (Doc. No. 805)

Dear Mrs. Shealy:

The State of South Carolina Licensing Board for Contractors is hereby requesting that regulations pertaining to Burglar Alarm System Business Licenses be simultaneously withdrawn and resubmitted with changes, effective this date.

These regulations have been referred to the Labor, Commerce and Industry Committee.

Sincerely,
Robert J. Sheheen

Received as information.

COMMITTEE APPOINTMENT

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 14, 1987
The Honorable John W. Pettigrew
Member S.C. House of Representatives
326A Blatt Building
Columbia, S.C. 29201

Dear John:

It is with pleasure that I am today appointing you to serve on the Agriculture and Natural Resources Committee.

I hope that you will enjoy serving in this capacity and know that you will be an asset to the committee.

Sincerely,
Robert J. Sheheen

Received as information.

REPORT OF STANDING COMMITTEE

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 2698 -- Reps. Wilkins, J.W. Johnson, Pearce, Elliott, P. Bradley, Gentry and Dangerfield: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CERTAIN RELATIONSHIPS AND TRANSACTIONS BETWEEN BEER WHOLESALERS, MANUFACTURERS, AND RETAILERS SO AS TO FURTHER PROVIDE FOR THESE PROHIBITED RELATIONSHIPS AND TRANSACTIONS, INCLUDING PROVISIONS WHICH PROHIBIT ANY PERSON FROM HAVING OWNERSHIP OR FINANCIAL INTERESTS IN MORE THAN ONE "TIER" OF THE BEER BUSINESS, DEFINE "TIERS" FOR THIS PURPOSE, AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3015 -- Rep. L. Phillips: A BILL TO AMEND SECTION 56-1-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF EYE EXAMINATIONS FOR THE RENEWAL OF DRIVERS' LICENSES AND THE REQUIRED MINIMUM VISION STANDARDS, SO AS TO REVISE AND FURTHER PROVIDE FOR THESE REQUIRED MINIMUM VISION STANDARDS.

Referred to Committee on Education and Public Works.

H. 3016 -- Rep. L. Phillips: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION DATE OF DRIVERS' LICENSES AND THE RENEWAL THEREOF, SO AS TO FURTHER PROVIDE FOR THE EXPIRATION DATE OF ALL LICENSES ISSUED, AND TO PROVIDE THAT PERSONS WHO ARE MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS ARE EXTENDED NORMAL RENEWAL PRIVILEGES FOR A PERIOD OF TWO YEARS PAST EXPIRATION.

Referred to Committee on Education and Public Works.

H. 3017 -- Rep. L. Phillips: A BILL TO AMEND SECTION 56-19-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTENTS OF MOTOR VEHICLE CERTIFICATES OF TITLE, SO AS TO REVISE THE REQUIRED INFORMATION THAT MUST BE ON THE CERTIFICATE OF TITLE RELATING TO LIENS ON THE VEHICLE.

Referred to Committee on Education and Public Works.

H. 3018 -- Rep. L. Phillips: A BILL TO AMEND SECTION 56-1-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF CERTAIN DRIVERS' LICENSE CANCELLATIONS, SUSPENSIONS, OR REVOCATIONS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SECTION 56-1-820, RELATING TO THE REVIEW OF SUSPENSIONS BY THE DEPARTMENT, AND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD AND THE PROCEDURES RELATED THERETO INCLUDING AN APPELLATE HEARING BY THE DEPARTMENT SO AS TO REVISE THESE HEARING OR REVIEW PROCEDURES AND REQUIRE THAT THESE HEARINGS OR REVIEWS BE CONDUCTED IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURES ACT, AND TO AMEND SECTION 56-5-5360, AS AMENDED, RELATING TO MOTOR VEHICLE INSPECTIONS, SO AS TO REVISE THE HEARING OFFICIAL DESIGNATED TO HEAR APPEALS OF GARAGES OR STATIONS DENIED THE RIGHT TO ISSUE CERTIFICATES OF INSPECTION.

Referred to Committee on Education and Public Works.

H. 3019 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 52-7-20 AND 52-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AND COUNTY ATHLETIC COMMISSIONS, SO AS TO PERMIT THE CHAIRMAN OF THE STATE ATHLETIC COMMISSION TO CALL ADDITIONAL MEETINGS AND TO REQUIRE THAT HE CALL A MEETING UPON DIRECTION OF A MAJORITY OF THE COMMISSIONERS, TO REQUIRE THE APPOINTING BODY OF MEMBERS TO THE COUNTY ATHLETIC COMMISSIONS INSTEAD OF THE COUNTY COMMISSION TO FILE A RECORD OF APPOINTEES WITH THE STATE ATHLETIC COMMISSION, TO PROVIDE THAT THE COUNTY ATHLETIC COMMISSION SELECT ITS CHAIRMAN AND OFFICERS WHO SHALL RECEIVE PER DIEM, MILEAGE, AND SUBSISTENCE AS AUTHORIZED BY THE COUNTY, AND TO PROHIBIT A PERSON FROM SERVING ON BOTH THE STATE AND COUNTY ATHLETIC COMMISSIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 52-7-15 AND 52-7-25 SO AS TO REQUIRE THE STATE ATHLETIC COMMISSION TO SELECT A CHAIRMAN AND OTHER OFFICERS AND PROVIDE THAT THE CHIEF OF THE STATE ATHLETIC COMMISSION MAY RECEIVE COMPENSATION AS PROVIDED BY THE GENERAL ASSEMBLY.

RULE 5.12 WAIVED

Rep. DANGERFIELD moved to waive Rule 5.12, which was agreed to by a division vote of 56 to 0.

Without reference.

H. 3020 -- Labor, Commerce and Industry Committee: A BILL TO AMEND ACT 423 OF 1986, RELATING TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE THE REQUIRED JULY 1, 1989 EXPIRATION DATE OF THE COUNCIL, AND AMEND SECTION 1-20-50, RELATING TO TERMINATION DATES OF CERTAIN STATE AGENCIES AND THEIR REAUTHORIZATION, SO AS TO INCLUDE THE COORDINATING COUNCIL IN THE LIST OF AGENCIES WITH A JUNE 30, 1991 TERMINATION DATE.

RULE 5.12 WAIVED

Rep. DANGERFIELD, moved to waive Rule 5.12, which was agreed to by a division vote of 42 to 0.

Without reference.

S. 593 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-37-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF PURPOSE FOR THE REGULATION OF AUTOMOBILE INSURANCE IN SOUTH CAROLINA, SO AS TO FURTHER PROVIDE FOR THIS DECLARATION OF PURPOSE; TO AMEND SECTION 38-37-320, RELATING TO AUTOMOBILE INSURANCE RISK CLARIFICATION PLANS SO AS TO PROVIDE FOR AN INEXPERIENCED DRIVER'S RISK CLASSIFICATION PLAN TO BE ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER ON MARCH 1, 1988; TO AMEND SECTION 38-37-930, RELATING TO AFFILIATED INSURERS, SO AS TO REVISE THE PROVISIONS OF THE SECTION TO ESTABLISH THOSE CONDITIONS UNDER WHICH APPLICANTS OR POLICYHOLDERS QUALIFY FOR THE BASE RATE OR THE HIGHER OBJECTIVE STANDARDS RATE AND TO REGULATE WHAT RATES MAY BE UTILIZED BY MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS; TO AMEND SECTION 56-11-140, RELATING TO COVERAGE LIMITATIONS, SO AS TO DELETE REFERENCES TO COLLISION COVERAGE; TO AMEND ARTICLE 5, CHAPTER 37 OF TITLE 38, RELATING TO RISK CLASSIFICATION PLANS AND REQUIRED INSURANCE, BY ADDING SECTION 38-37-315 SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE INSURANCE FOR ANY APPLICANT WHO DOES NOT HAVE A VALID SOUTH CAROLINA DRIVER'S LICENSE AND TO PROVIDE EXCEPTIONS; TO AMEND ARTICLE 9, CHAPTER 37 OF TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, BY ADDING SECTIONS 38-37-785, 38-37-795, 38-37-800, AND 38-37-810, SO AS TO REQUIRE EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE WITH THE CHIEF INSURANCE COMMISSIONER PRIOR TO OCTOBER 1, 1987, A BASE RATE AND AN OBJECTIVE STANDARDS RATE, AND TO PROVIDE THAT THOSE RATES ARE EFFECTIVE MARCH 1, 1988, UNDER CERTAIN CONDITIONS; TO PROVIDE FOR A FACILITY RECOUPMENT CHARGE ON CERTAIN BASE RATES, PROVIDE THE FORMULA FOR ITS ANNUAL CALCULATION, AND PROVIDE FOR THE CLASSIFICATION AND USE OF RECOUPMENT CHARGES; TO AMEND ARTICLE 11, CHAPTER 37 OF TITLE 38, RELATING TO UNLAWFUL ACTS FOR PURPOSES OF AUTOMOBILE INSURANCE, BY ADDING SECTION 38-37-935, SO AS TO PROVIDE FOR THE WRITING OF COLLISION AND COMPREHENSIVE COVERAGE, DEDUCTIBLE AMOUNTS, CIRCUMSTANCES WHERE AN INSURER MAY REFUSE TO WRITE SUCH COVERAGE, TERMS OF SALE, AND CESSION TO THE REINSURANCE FACILITY.

Referred to Committee on Labor, Commerce and Industry.

S. 638 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO LICENSING, DESIGNATED AS REGULATION DOCUMENT NUMBER 785, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3025 -- Rep. Felder: A BILL TO PROVIDE FOR LIMITED FISCAL AUTONOMY FOR THE CALHOUN COUNTY SCHOOL DISTRICT AND PROVIDE A PROCEDURE FOR THE ADOPTION OF ITS ANNUAL BUDGET.

Without reference.

H. 3025--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. FELDER, with unanimous consent, it was ordered that H. 3025 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.

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Barfield               Baxley
Beasley                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Dangerfield            Davenport
Day                    Derrick                Elliott
Evatt                  Faber                  Fair
Foxworth               Gilbert                Harris, P.
Haskins                Hearn                  Helmly
Hendricks              Hodges                 Holt
Kay                    Keyserling             Kirsh
Klapman                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McLeod, J.W.           McTeer                 Neilson
Nesbitt                Nettles                Ogburn
Pearce                 Pettigrew              Petty
Phillips, L.           Rhoad                  Rogers, J.
Sheheen                Shelton                Simpson
Stoddard               Sturkie                Taylor
Thrailkill             Tucker                 Waldrop
Washington             Wells                  Whipper
Wilder                 Wilkins                Williams
Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 15, 1987.

Timothy Rogers                    Charles Rice
James C. Johnson                  Dell Baker
Irene K. Rudnick                  Paul Short
Samuel R. Foster                  Juanita M. White
John D. Bradley, III              L. Edward Bennett
Jean L. Harris                    Ronald P. Townsend
Eugene B. McLeod                  Roland S. Corning
John H. Burriss                   Robert W. Hayes, Jr.
James W. Johnson                  Mickey Burriss
Philip T. Bradley                 Donna A. Moss
B.J. Gordon                       David Hawkins
Tee Ferguson                      Jack Gregory
E. Crosby Lewis                   T.W. Edwards
Wm. H. Jones                      Charles Sharpe
James Lockemy                     John J. Snow
Robert A. Kohn                    Bill Cork
John Russell

Total Present--115

STATEMENT OF ATTENDANCE

Rep. J. ROGERS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 9, 1987.

DOCTOR OF THE DAY

Announcement was made that James G. Halford, Jr. of Anderson is the Doctor of the Day for the General Assembly.

H. 2792--POINT OF ORDER

The following Bill was taken up.

H. 2792 -- Reps. Lockemy and J.W. McLeod: A BILL TO TRANSFER THE ASSETS OF THE DILLON COUNTY HISTORIC PRESERVATION COMMISSION TO THE DILLON COUNTY THEATER ASSOCIATION AND TO REPEAL ACT 1027 OF 1966 RELATING TO THE CREATION OF THE DILLON COUNTY HISTORIC PRESERVATION COMMISSION.

POINT OF ORDER

Rep. OGBURN 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. 2700--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2700 -- Reps. Limehouse and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES FOR THE 1987-88 SCHOOL YEAR AND FOR ALL SCHOOL YEARS THEREAFTER TO BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL AND TO AUTHORIZE THE COUNTY COUNCIL TO SET THE NECESSARY TAX MILLAGE AFTER APPROVAL OF THE BUDGETS.

The Dorchester Delegation proposed the following Amendment No. 1 (Doc. No. 3820Y), which was adopted.

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

/SECTION ______. There is hereby created in Dorchester County the Dorchester Vocational Education Board of Trustees, which shall be is a body politic and corporate, and which shall consist consists of seven members as follows: one member of the board shall must be appointed from each of the three two school districts in Dorchester County by a majority of the board of trustees of the each district, and four five members shall must be appointed by a majority of the Dorchester County Legislative Delegation. All members shall serve for a term of three years and until their successors are appointed and qualify, except that of those initially appointed, the members appointed by the school districts shall serve for terms of two years and until their successors are appointed and qualify. Vacancies on the board of trustees shall must be filled in the manner of the original appointment for the unexpired portion of the term only./

Amend title to conform.

The Dorchester Delegation proposed the following Amendment No. 2 (Doc. No. 3826Y), which was adopted.

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

/SECTION ______. The tax millage for the annual operating budget for Dorchester County School District No. 4 set by the Dorchester County Council may not exceed 90 mills for school year 1987-88 only. For each school year after 1987-88, the tax millage for the annual operating budget for Dorchester County School District No. 4 may not increase more than four mills beyond the revenue requirements of Section 12-35-1557 of the 1976 Code./

Amend title to conform.

The Dorchester Delegation proposed the following Amendment No. 3 (Doc. No. 3823Y), which was adopted.

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

/SECTION ______. For each school year after 1987-88, the tax millage for the annual operating budget for Dorchester County School District No. 2 set by the Dorchester County Council may not increase more than four mills beyond the revenue requirements of Section 12-35-1557 of the 1976 Code./

Amend title to conform.

The Dorchester Delegation proposed the following Amendment No. 4 (Doc. No. 3828Y), which was adopted.

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

/SECTION _____. The Board of Education of Dorchester County is abolished, and the duties and responsibilities of the board are devolved upon the elected board of trustees of the respective school districts in Dorchester County.

SECTION _____. This act takes effect upon approval by the Governor, except for the Section abolishing the Board of Education of Dorchester County which takes effect December 31, 1987./

Amend further by deleting SECTION 2.

Amend title to conform.

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. RICE a temporary leave of absence.

ORDERED TO THIRD READING

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

H. 2139 -- Reps. P. Harris and L. Phillips: A BILL TO AMEND SECTION 44-7-1430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HOSPITAL REVENUE BOND ACT, SO AS TO DEFINE "AUTHORIZING ISSUER", "INTERGOVERNMENTAL LOAN AGREEMENT", "PROJECT COUNTY", AND "SUBSIDIARY LOAN AGREEMENT"; AND TO AMEND SECTION 44-7- 1640, RELATING TO THE POWERS GRANTED BY THE HOSPITAL REVENUE BOND ACT AND THE ADOPTION OF BOND RESOLUTIONS, AND ARTICLE 11, CHAPTER 7, TITLE 44, RELATING TO THE HOSPITAL REVENUE BOND ACT, BY ADDING SECTIONS 44-7-1650 THROUGH 44-7-1720 SO AS TO AUTHORIZE AND PROVIDE FOR THE ISSUANCE OF BONDS AND THE LENDING OF THE PROCEEDS TO HOSPITAL OR PUBLIC AGENCIES TO CONSTRUCT OR ACQUIRE HOSPITAL FACILITIES.

Rep. McABEE explained the Bill.

H. 2335 -- Rep. McAbee: A BILL TO AMEND ACT 425 OF 1986, RELATING TO THE METHOD OF APPLYING DELINQUENT TAXES WHEN RECEIVED BY THE TREASURER OR DELINQUENT TAX COLLECTOR, SO AS TO PROVIDE THAT DELINQUENT TAXES MUST BE APPLIED TO THE OLDEST CHRONOLOGICAL DELINQUENCY ON THE PROPERTY ON WHICH THE DELINQUENT PAYMENT IS MADE RATHER THAN THE OLDEST OUTSTANDING DELINQUENCY.

Rep. KIRSH explained the Bill.

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

S. 319 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 IN TITLE 12, SO AS TO ENACT THE SOUTH CAROLINA ESTATE TAX ACT APPLICABLE TO DECEDENTS DYING AFTER JUNE 30, 1991; TO AMEND SECTIONS 12-15-61, 12-15-251, and 12-15-550, RELATING TO AMOUNTS SPECIFICALLY EXEMPT FROM THE SOUTH CAROLINA ESTATE TAX, SO AS TO INCREASE THE EXEMPTION IN PHASES UNTIL THE EFFECTIVE DATE OF THE SOUTH CAROLINA ESTATE TAX ACT; TO AMEND SECTION 12-49-70, RELATING TO THE PERIOD AFTER WHICH TAXES ARE PRESUMED TO BE PAID, SO AS TO EXEMPT THE RECAPTURE ESTATE TAX FROM THE PRESUMPTION; TO AMEND SECTION 12-54-70, RELATING TO ENFORCEMENT AND COLLECTION OF TAXES, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 2-801 OF THE SOUTH CAROLINA PROBATE CODE, RELATING TO DISCLAIMERS, SO AS TO CORRECT A CROSS-REFERENCE; TO REPEAL CHAPTER 15 OF TITLE 12, RELATING TO THE ESTATE TAX, FOR DECEDENTS DYING AFTER JUNE 30, 1991; TO REPEAL CHAPTER 17 OF TITLE 12, RELATING TO THE GIFT TAX, EFFECTIVE FOR GIFTS MADE AFTER DECEMBER 31, 1991; AND TO REPEAL SECTIONS 12-15-1540 AND 12-15-1550, RELATING TO THE ESTATE TAX, EFFECTIVE JULY 1, 1987.

Rep. McABEE explained the Bill.

S. 431 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 18-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAPERS FILED WITH THE CLERK OF COURT IN CRIMINAL APPEALS FROM MAGISTRATES, AND SECTION 22-3-790, RELATING TO TESTIMONY OF WITNESSES IN MAGISTRATES' COURTS, SO AS TO PROVIDE THAT TESTIMONY TAKEN DOWN BY A STENOGRAPHER OR RECORDED DOES NOT NEED TO BE SIGNED BY THE WITNESSES.

S. 171 -- Senators Leatherman, Courson, Drummond, Fielding, Garrison, Hayes, Land, Lee, Lourie, Mitchell, Peeler, Pope, Powell, Saleeby, Nell W. Smith and Thomas E. Smith, Jr.: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT SYSTEMS, BY ADDING CHAPTER 17 SO AS TO ESTABLISH AN OPTIONAL RETIREMENT PROGRAM FOR THE PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.

Rep. T. ROGERS explained the Bill.

H. 2216--DEBATE ADJOURNED

Rep. J. ROGERS moved to adjourn debate upon the following Bill until Tuesday, April 21, which was adopted.

H. 2216 -- Reps. Edwards, M.D. Burriss, Cork, Taylor and Keyserling: A BILL TO CREATE AND HOUSE ADMINISTRATIVELY WITHIN THE BUDGET AND CONTROL BOARD THE SOUTH CAROLINA ENERGY RESOURCE AND MANAGEMENT DEVELOPMENT AUTHORITY, TO CONSTITUTE THE AUTHORITY AS AN INSTRUMENTALITY OF THE STATE FOR THE PERFORMANCE OF ESSENTIAL GOVERNMENTAL FUNCTIONS INVOLVING ENERGY CONSERVATION AND ALTERNATIVE FINANCING OF CONSERVATION MEASURES AS DEFINED IN THIS ACT, TO PROVIDE FOR THE MEMBERSHIP OF THE AUTHORITY, TO REQUIRE THE BUDGET AND CONTROL BOARD TO PROVIDE TECHNICAL AND CLERICAL SERVICES AND PERSONNEL AS THE AUTHORITY MAY REQUIRE IN THE PERFORMANCE OF ITS FUNCTIONS AND TO PROVIDE CERTAIN LIAISON SERVICES WITH OTHER AGENCIES OF STATE GOVERNMENT, TO REQUIRE THE AUTHORITY TO REIMBURSE THE BUDGET AND CONTROL BOARD FOR SERVICES PROVIDED, TO PROVIDE FOR THE POWERS OF THE AUTHORITY AND OF ANY JOINT VENTURE CREATED PURSUANT TO THIS ACT, TO PROVIDE FOR RELATED MATTERS CONCERNING THE ESTABLISHMENT AND FUNCTIONING OF THE AUTHORITY, TO ESTABLISH A SPECIAL, RESTRICTED ACCOUNT TO BE KNOWN AS THE UTILITY AND ENERGY CONSERVATION RESERVE ACCOUNT, AND TO PROVIDE FOR MATTERS RELATED TO THE OPERATION AND USE OF THAT ACCOUNT.

S. 310--DEBATE ADJOURNED

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

S. 310 -- Senators Lee, Horace C. Smith and Peeler: A BILL TO AMEND CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING SECTION 9-11-325 SO AS TO PROVIDE THAT MEMBERS OF THIS SYSTEM ARE ENTITLED TO SPECIAL ANNUITIES OR TO ADDITIONAL CREDITABLE SERVICE ON ACCOUNT OF THEIR OUT-OF-STATE SERVICE IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM ARE SO ENTITLED REGARDLESS OF WHETHER OR NOT THIS OUT-OF-STATE SERVICE WAS AS A POLICE OFFICER OR IN ANOTHER CAPACITY NOT AS A POLICE OFFICER.

S. 397--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 397 -- Senator Peeler: A BILL TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF CERTAIN GASOLINE TAX REVENUE SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THE AMOUNT OF A COUNTY'S APPORTIONMENT OF "C" CONSTRUCTION FUNDS WHICH MAY BE EXPENDED FOR ROCKING OR IMPROVING COUNTY ROADS AND FOR STREET AND TRAFFIC SIGNS.

The Committee on Ways and Means proposed the following Amendment No. 1 (Doc. No. 3587Y), which was adopted.

Amend the bill, as and if amended, in Code Section 12-27-400 as contained in SECTION 1 of the bill, at page 2, on line 5, by inserting between /signs/ and the period the following: /, stop lights, and other paving projects/ so that, when amended, Code Section 12-27-400 shall read:

/"Section 12-27-400. The monies collected by the Commission pursuant to the provisions of Section 12-27-240 shall must be deposited with the State Treasurer and expended on the State Highway Secondary System for construction, improvements, and maintenance and, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner: one-third in the ratio which the land area of the county bears to the total land area of the State; one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation.

Twenty-five Fifty percent of a county's apportionment of 'C' construction funds may be expended for rocking or improving county roads and for street and traffic signs, stop lights, and other paving projects. A majority of the legislative delegation members of the county in which the expenditures are to be made must approve the roads upon which 'C' construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the twenty-five fifty percent 'C' construction funds must be maintained by the governing body of the county. Roads constructed of rock using 'C' construction funds must consist of not less than one inch or nor more than two and one-half inches of rock or its equivalent. The provisions of this paragraph apply only to those counties with ten percent or more of their state maintained and local roads unpaved. The percent of unpaved roads in a county is determined from the official records of the Department of Highways and Public Transportation on December 31, 1982.

The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the twenty-five fifty percent 'C' construction funds must be at least equal to the amount of revenue derived from the tax of 2.66 cents on motor fuel.

The expenditure of funds known as 'C' construction funds must have the approval of a majority of the legislative delegation members of the county in which the expenditures are to be made. The approval of the expenditure of 'C' funds must be in an equitable manner in the incorporated and unincorporated areas of the county."/

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

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

H. 2667--DEBATE ADJOURNED

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

H. 2667 -- Reps. Harvin, McBride, Sharpe, E.B. McLeod, Cork, Cooper, Pearce, L. Phillips, G. Bailey, M.O. Alexander, Baker, Nettles, Nesbitt, Rice, Whipper, Shelton, Fair, Wells, Petty, Holt, Felder, P. Harris, Washington, T.M. Burriss, Hendricks, McGinnis, Wilder, Bennett, Corning, Hearn, Simpson, Carnell, Keyserling, T. Rogers, Koon, Kay, K. Bailey, J. Brown, Faber, Williams, Haskins, Davenport, Hawkins, Altman, Foxworth, McLellan, J.C. Johnson, Jones, Day, McTeer, McElveen, Mappus and Evatt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-25-60 SO AS TO PROVIDE THAT ANY MEMBER OF A FIRE DEPARTMENT IS NOT CONSIDERED TO BE A DUAL OFFICEHOLDER, BY VIRTUE OF SERVING AS A MEMBER, FOR THE PURPOSES OF THE CONSTITUTION.

S. 180--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 180 -- Senator Hayes: A BILL TO AMEND SECTION 23-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES AND COMMISSIONS OF SHERIFFS, SO AS TO FURTHER PROVIDE FOR THESE FEES AND COMMISSIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2642Y), which was adopted.

Amend the bill, as and if amended, by striking from Code Section 23-19-10(a), as contained in SECTION 1 of the bill, the following:

/Monies collected by the judgement creditor, his agent, or attorney, after any execution is lodged by the sheriff and prior to either the sale of any property levied upon by the sheriff or the issuance of a nulla bona return by the sheriff, must be considered collected by the sheriff and are subject to the commissions due for monies collected by the sheriff as set forth in this item and must be taxed responsibility of the judgement creditor to calculate and collect such commissions on all monies received directly by the judgement creditor, his agent, or attorney, and the judgement creditor is required to pay such commissions whether or not the commissions were collected from the judgement debtor./, so that, when amended, Code Section 23-19-10(a) shall read:

/(a) There must be paid as commissions on all monies collected by the sheriff of a county, if under five hundred dollars, seven and one-half percent, and if over that amount, seven and one-half percent on the first five hundred dollars and three percent on the balance above that amount. In addition, a commission of five percent of all sums paid over to the plaintiff, his agent, or attorney on any execution lodged and collected by the sheriff must be taxed as cost to the defendant./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

H. 2524--OBJECTION AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2524 -- Reps. Haskins, J.W. McLeod, H. Brown, G. Brown, Sharpe, Sturkie, Clyborne, Jones, Holt, M.D. Burriss, J. Brown, Hawkins, Waldrop, Huff, Corning, T.M. Burriss, K. Bailey, Chamblee, McGinnis, Rice, Gilbert, Kirsh, R. Brown, Nesbitt, Gordon, Gregory, Limehouse, Cooper, Wilder, McCain, McEachin, Mappus, J.H. Burriss and Wells: A BILL TO AMEND SECTIONS 56-5-1510, 56-5-1520, AND 56-5-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT ON THOSE PORTIONS OF THE INTERSTATE HIGHWAY SYSTEM OR ON OTHER STREETS AND HIGHWAYS IN SOUTH CAROLINA WHERE FEDERAL LAW PERMITS THIS STATE TO RAISE THE SPEED LIMIT ABOVE FIFTY-FIVE MILES AN HOUR, THE SPEED LIMIT THEREON IS THAT HIGHER SPEED LIMIT.

POINT OF ORDER

Rep. RUDNICK 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 overruled the Point of Order.

Rep. T. ROGERS objected to the Bill.

The Bill was then read the second time and ordered to third reading.

H. 2639--DEBATE ADJOURNED

Rep. HELMLY moved to adjourn debate upon the following Bill until Thursday, April 23, which was adopted.

H. 2639 -- Reps. Helmly, Day, H. Brown, Williams, Holt, Dangerfield, D. Martin, G. Bailey and Washington: A BILL TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE FOR ADDITIONAL POWERS; AND TO AMEND SECTION 58-31-80, RELATING TO THE PURPOSE AND OBLIGATIONS OF THE AUTHORITY, SO AS TO PROVIDE AN ADDITIONAL PURPOSE.

H. 2500--DEBATE ADJOURNED

The following Bill was taken up.

H. 2500 -- Reps. Ogburn, J. Harris, R. Brown, Blackwell, J.W. McLeod, Mattos, Russell, Boan, P. Bradley, M.O. Alexander, T.M. Burriss, Rice and Hearn: A BILL TO AMEND CHAPTER 31 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS GENERALLY BY ADDING SECTION 33-31-180 SO AS TO PROVIDE IMMUNITY FROM SUIT OF DIRECTORS, TRUSTEES, OR MEMBERS OF GOVERNING BODIES OF ELECTRIC COOPERATIVES AND NOT-FOR-PROFIT CORPORATIONS, ORGANIZATIONS, AND ASSOCIATIONS WHICH ARE EXEMPT FROM FEDERAL INCOME TAXATION EITHER UNDER THE PROVISIONS OF SECTION 501(c)(3) OR (c)(6) OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTION TO IMMUNITY.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6099k).

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

SECTION 1. The General Assembly finds that the services of not-for-profit boards are critical to the efficient conduct and management of the public and charitable affairs of the citizens of this State. Members of these not-for-profit boards must be permitted to operate without concern for the possibility of litigation arising from the discharge of their duties as policy makers.

SECTION 2. Article 1 of Chapter 31 of Title 33 of the 1976 Code is amended by adding:

"Section 33-31-180. (A) All directors, trustees, or members of the governing bodies of not-for-profit cooperatives, corporations, associations, and organizations described in subsection (B) are immune from suit arising from the conduct of the affairs of these cooperatives, corporations, associations, or organizations. This immunity from suit is removed when conduct amounts to wilful, wanton, or gross negligence. Nothing in this section may be construed to grant immunity to the not-for-profit cooperative, corporation, association, or organization.

(B) Subsection (A) applies to the following:

(1) electric cooperatives organized under Chapter 49 of Title 33;

(2) not-for-profit corporations, associations, and organizations which are exempt from federal income taxation under Section 501(c)(3), (c)(6) or (c)(12) of the Internal Revenue Code of 1986."

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

Rep. OGBURN explained the amendment and moved to adjourn debate upon the Bill, which was adopted.

H. 2667--RECONSIDERED, AMENDED AND
ORDERED TO THIRD READING

Rep. J. BRADLEY moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

H. 2667 -- Reps. Harvin, McBride, Sharpe, E.B. McLeod, Cork, Cooper, Pearce, L. Phillips, G. Bailey, M.O. Alexander, Baker, Nettles, Nesbitt, Rice, Whipper, Shelton, Fair, Wells, Petty, Holt, Felder, P. Harris, Washington, T.M. Burriss, Hendricks, McGinnis, Wilder, Bennett, Corning, Hearn, Simpson, Carnell, Keyserling, T. Rogers, Koon, Kay, K. Bailey, J. Brown, Faber, Williams, Haskins, Davenport, Hawkins, Altman, Foxworth, McLellan, J.C. Johnson, Jones, Day, McTeer, McElveen, Mappus and Evatt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-25-60 SO AS TO PROVIDE THAT ANY MEMBER OF A FIRE DEPARTMENT IS NOT CONSIDERED TO BE A DUAL OFFICEHOLDER, BY VIRTUE OF SERVING AS A MEMBER, FOR THE PURPOSES OF THE CONSTITUTION.

Reps. CARNELL and McABEE proposed the following Amendment No. 1 (Doc. No. 3943Y), which was adopted.

Amend the bill, as and if amended, in Section 5-25-60 of the 1976 Code as contained in SECTION 1 by inserting immediately after /department/ as contained on line 26 of page 1 the following: /and any county veterans affairs officer/.

Amend title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Reps. J. BRADLEY and HOLT proposed the following Amendment No. 2, which was adopted.

Amend as and if amended, by adding the following sentence:

Than any person serving as a municipal judge for a city may serve as attorney for another city and shall not be considered dual officeholding by serving in the capacity as attorney for a city, for the purposes of the South Carolina Constitution.

Amend to conform.

Rep. J. BRADLEY explained the amendment.

The amendment was then adopted by a division vote of 56 to 12.

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

S. 269--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 269 -- Senators Giese and Peeler: A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1982, 1983, 1984, 1985, 1986, AND 1987 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1987.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3691Y), which was adopted.

Amend the resolution, as and if amended, in SECTION 1, page 1, line 26, by striking /1981, 1982, 1983, 1984,/, so that when amended, SECTION 1 shall read:

/SECTION 1. The time for the filing of applications for the exemption of property required by Section 12-3-145 of the 1976 Code for the 1985, 5 1986, and 1987 taxable years is extended until July 1, 1987. A taxpayer who files an application for exemption before July 1, 1987 and who has paid 1986 taxes in excess of taxes he would have paid if the application had been timely filed, shall have the excess refunded by the treasurer of the county in which he resides./

Amend further by striking SECTION 2 and inserting:

/SECTION 2. Subsection B of Section 12-3-145 of the 1976 Code, as amended by Act 304 of 1986, is further amended to read:

"B. Any tax-exempt property owner or any property owner whose property may qualify for property exemption shall obtain an application for the exemption from the commission and shall file the application for exemption between January first and the last day of February of each year, containing the information requested by the commission. The owners of exempt property, as stated in items (7) and (8) of subsection A and item (17) of subsection B of Section 12-37-220, shall file the application before the sixteenth day of the fourth month after the close of the accounting period regularly employed by the taxpayer for income tax purposes in accordance with Chapter 7 of Title 12. The owners of exempt property as provided for in items (26) and (27) of subsection B of Section 12-37-220 and churches which own motor vehicles shall file an application for exemption within sixty days before or within thirty days after the date on which the motor vehicle was registered or the registration renewal date.

Notwithstanding any other provision of law, tax exempt status is granted for one year only, and each property owner shall reapply annually for tax exempt shelter. Libraries, churches, parsonages, and burying grounds requesting tax-exemption status under the provisions of item (3) of subsection A of Section 12-37-220 for any of their real or personal property, the Nature Conservancy, Audubon Society, veterans who are one hundred percent totally and permanently disabled from a service-connected disability requesting tax-exempt status under the provisions of item (1) of subsection B of Section 12-37-220 for their dwelling house, and paraplegics requesting tax-exempt status under the provisions of item (2) of subsection B of Section 12-37-220 for their dwelling house, and organizations and entities requesting tax-exempt status under the provisions of items (5), (6), (7), (8), (11), (12), (16), (19), (20), (22), and (24) of subsection B of Section 12-37-220 for any of their real or personal property shall file an initial application within the time stipulated by this subsection enumerating the exempt property but thereafter are not required to file an additional application for the property unless there is a change in the status of the property as reported on the initial application or unless requesting an exemption for property which was not included on the initial application or on a subsequent application.

The commission upon proper investigation has the authority to declare the churches, parsonages, and burying grounds identified in this subsection exempt from ad valorem taxation and shall verify the exemption to the auditor's office in the county in which the property is located. Upon verification by the commission, the auditor shall void any tax notice applicable to the property."/

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 2 (Doc. No. 3951Y), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. Subsections B and G of Section 12-3-145 of the 1976 Code, as amended by Act 304 of 1986, are respectively amended to read:

"B. Any tax-exempt property owner or any property owner whose property may qualify for property exemption shall obtain an application for the exemption from the commission and shall file the application for exemption between January first and the last day of February of each year, containing the information requested by the commission. The owners of exempt property, as stated in items (7) and (8) of subsection A and item ( 17) of subsection B of Section 12-37-220, shall file the application before the sixteenth day of the fourth month after the close of the accounting period regularly employed by the taxpayer for income tax purposes in accordance with Chapter 7 of Title 12. The owners of exempt property as provided for in items (26) and (27) of subsection B of Section 12-37-220 and churches which own motor vehicles shall file an application for exemption within sixty days before or within thirty days after the date on which the motor vehicle was registered or the registration renewal date.

Notwithstanding any other provision of law, tax empt status is granted for one year only, and each property owner shall reapply annually for tax exempt status. Libraries, churches, parsonages, and burying ground requesting tax-exemption status under the provisions of item (3) of subsection A of Section 12-37-220 for any of their real or personal property, the Nature Conservancy, Audubon Society, veterans who are one hundred percent totally and permanently disabled from a service-connected disability requesting tax-exempt status under the provisions of item (1) of subsection B of Section 12-37-220 for their dwelling house, and paraplegics of item (2) of subsection B of Section 12-37-220 for their dwelling house, and organizations and entities requesting tax-exempt status under the provisions of items (5), (6), (7), (8), (11), (12), (16), (19), (20), (22), and (24) of subsection B of Section 12-37-220 for any of their Each owner of exempt real or personal property shall file an initial application within the time stipulated by this subsection enumerating the exempt property but thereafter are not required to file an additional application for the property unless there is a change in the status of the property as reported on the initial application or unless requesting an exemption for property which was not included on the initial application or on a subsequent application.

The commission upon proper investigation has the authority to declare the churches, parsonages, and burying grounds identified in this subsection exempt from ad valorem taxation and shall verify the exemption to the auditor's office in the county in which the property is located. Upon verification by the commission, the auditor shall void any tax notice applicable to the property.

G. The provisions of this section shall do not apply in the case of properties owned by the United States Government or those exempt properties enumerated in items (1), (5), (6), and (10) of subsection A and items (9), (13), (14), (15), (23), and (25), and (30) of subsection B of Section 12-37-220."/

Amend title to conform.

Rep. KIRSH explained the amendment. The amendment was then adopted.

The question then recurred to the passage of the Joint Resolution, as amended.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 90; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Brown, G.              Brown, H.
Brown, J.              Burriss, J.N.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Corning
Dangerfield            Davenport              Day
Derrick                Edwards                Elliott
Faber                  Fair                   Foster
Foxworth               Gilbert                Gordon
Harris, J.             Hayes                  Hearn
Helmly                 Hendricks              Hodges
Holt                   Huff                   Johnson, J.C.,
Johnson, J.W.          Kay                    Kirsh
Klapman                Mappus                 Martin, D.
Mattos                 McAbee                 McBride
McEachin               McElveen               McGinnis
McLellan               McLeod, E.B.           McTeer
Neilson                Nesbitt                Nettles
Ogburn                 Pearce                 Pettigrew
Petty                  Phillips, L.           Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Shelton
Short                  Simpson                Sturkie
Thrailkill             Toal                   Tucker
Washington             Wells                  Whipper
White                  Wilder                 Winstead

Total--90

Those who voted in the negative are:

Total--0

So, the Joint Resolution having received the necessary two-thirds vote was passed and ordered to third reading.

S. 311--INTERRUPTED DEBATE

The following Bill was taken up.

S. 311 -- Senators Lee, Horace C. Smith and Peeler: A BILL TO AMEND CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING SECTION 9-11-55 SO AS TO PROVIDE THAT MEMBERS OF THIS SYSTEM ARE ENTITLED TO CREDIT FOR PRIOR SERVICE TO THE STATE OF SOUTH CAROLINA IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM ARE ENTITLED TO CREDIT FOR THE SAME TYPE OF PRIOR SERVICE UNDER THAT RETIREMENT SYSTEM.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill.

HOUSE RESOLUTION

The following was introduced:

H. 3021 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 89, RELATING TO DRIVING A MOTOR VEHICLE UNDER SUSPENSION, FOR SECOND READING OR OTHER CONSIDERATION ON APRIL 15, 1987, IMMEDIATELY FOLLOWING THE UNANIMOUS CONSENT PERIOD, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 89 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S. 89 be set by special order for second reading or other consideration on April 15, 1987, immediately following the unanimous consent period and continuing each legislative day thereafter immediately following the unanimous consent period until S. 89 is given second reading or it is otherwise disposed of.

Rep. TOAL explained the Resolution.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3022 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2072, RELATING TO OBSCENITY, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER CONSIDERATION OF S. 89, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2072 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 2072 be set by special order for second reading or other consideration immediately following the second reading or other consideration of S. 89 and this special order consideration shall continue each legislative day thereafter immediately following the unanimous consent period until H. 2072 is given second reading or it is otherwise disposed of.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3023 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2742, RELATING TO SHRIMPING IN BAITED AREAS, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER CONSIDERATION OF H. 2072, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2742 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 2742 be set by special order for second reading or other consideration immediately following the second reading or other consideration of H. 2072 and this special order consideration shall continue each legislative day thereafter immediately following the unanimous consent period until H. 2742 is given second reading or it is otherwise disposed of.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3024 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2101, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER CONSIDERATION OF H. 2742, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2101 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 2101 be set by special order for second reading or other consideration immediately following the second reading or other consideration of H. 2742 and this special order consideration shall continue each legislative day thereafter immediately following the unanimous consent period until H. 2101 is given second reading or it is otherwise disposed of.

The Resolution was adopted.

S. 317--OBJECTION WITHDRAWN

Rep. WILDER withdrew his objection to S. 317.

S. 89--OBJECTIONS WITHDRAWN

Reps. HOLT and KLAPMAN withdrew their objections to S. 89.

H. 2753--OBJECTIONS WITHDRAWN

Reps. J. BRADLEY and HOLT withdrew their objections to H. 2753.

S. 84--RECALLED AND REFERRED TO THE COMMITTEE
ON WAYS AND MEANS

On motion of Rep. CARNELL, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and upon receipt of the Bill was ordered referred to the Committee on Ways and Means.

S. 84 -- Senators McConnell and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY CHARGE A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED AND SET BY STATUTORY LAW AND TO DEFINE STATUTORY LAW.

S. 581--RECALLED FROM THE COMMITTEE ON MEDICAL,
MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. DANGERFIELD, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.

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

S. 397--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. McTEER, with unanimous consent, it was ordered that S. 397 be read the third time tomorrow.

OBJECTION TO RECALL

Rep. BLACKWELL asked unanimous consent to recall H. 2929 from the Committee on Judiciary.

Rep. J. BRADLEY objected.

OBJECTION TO MOTION

Rep. HASKINS asked unanimous consent that H. 2524 be read a third time tomorrow.

Rep. J. ARTHUR objected.

S. 269--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 269 be read the third time tomorrow.

H. 2345--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., April 15, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2345:
H. 2345 -- Rep. Wilkins: A BILL TO AMEND SECTION 2-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO INCLUDE THE CHIEF JUDGE AND ASSOCIATE JUDGES OF THE COURT OF APPEALS ON THE DISTRIBUTION LIST; TO AMEND SECTION 11-25-640, RELATING TO PROVISIONS CONCERNING PERSONS ENTITLED TO RECEIVE COPIES OF THE ACTS AND JOINT RESOLUTIONS, SO AS TO PROVIDE THAT COPIES OF THE ACTS AND JOINT RESOLUTIONS BE DISTRIBUTED TO THE COURT OF APPEALS; AND TO AMEND SECTION 2-13-190, RELATING TO ADVANCE SHEETS, SO AS TO INCLUDE THE COURT OF APPEALS JUDGES AND THE CLERK OF THE COURT OF APPEALS ON THE LIST OF DISTRIBUTION.
and asks for a Committee of Conference and has appointed Senators Thomas E. Smith, Jr, Moore and Pope of the Committee of Conference on the part of the Senate.

Very respectfully,
President

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., April 15, 1987

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. 445:
S. 445 -- Senator Land: A BILL TO AMEND SECTION 50-9-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TEN CONSECUTIVE-DAYS' NONRESIDENT FISHING LICENSE, SO AS TO DECREASE THE FEE FROM TWENTY DOLLARS AND FIFTY CENTS TO ELEVEN DOLLARS.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

Received as information.

S. 89--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

S. 89 -- Senator Lourie: A BILL TO AMEND SECTIONS 56-1-460 AND 56-9-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE THE OPERATOR'S LICENSE TO DRIVE IS CANCELLED, SUSPENDED, OR REVOKED, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

AMENDMENT NO. 2--TABLED

Debate was resumed on Amendment No. 2, which was proposed on Thursday, April 9, by Rep. AYDLETTE.

Rep. AYDLETTE explained the amendment and moved to table the amendment which was agreed to.

Rep. J. BRADLEY proposed the following Amendment No. 3, which was tabled.

Amend as and if amended. Amend by adding the following after revoked on line 34. "As a result of a DUI Conviction."

Amend to conform

Rep. J. BRADLEY explained the amendment.

Rep. WILKINS spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 53 to 18.

Rep. J. BRADLEY moved to recommit the Bill to the Committee on Judiciary.

POINT OF ORDER

Rep. TOAL raised the Point of Order that the motion to recommit the Bill was out of order as it was under Special Order consideration.

The SPEAKER overruled the Point of Order.

The question then recurred to the motion to recommit the Bill to the Committee on Judiciary.

Rep. WILKINS moved to table the motion to recommit, which was agreed to by a division vote of 50 to 30.

Rep. J. BRADLEY proposed the following Amendment No. 4 which was rejected.

Amend as and if amended. By adding the following section:

All notices of suspension to be sent by the S.C. Dept. of Highways and Public Transportation to the licensee must be sent by certified mail and received by the addressee.

Amend to conform.

Rep. J. BRADLEY explained the amendment.

Reps. WILKINS and McLELLAN spoke against the amendment.

Reps. J. BRADLEY and AYDLETTE spoke in favor of the amendment.

Rep. WILKINS moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:

Yeas 48; Nays 51

Those who voted in the affirmative are:

Alexander, M.O.        Arthur                 Baker
Baxley                 Beasley                Boan
Brown, H.              Burriss, M.D.          Burriss, T.M.
Chamblee               Clyborne               Corning
Edwards                Evatt                  Fair
Gregory                Harris, J.             Harris, P.
Haskins                Hawkins                Hayes
Hearn                  Hodges                 Johnson, J.W.
Kay                    Klapman                Lewis
Martin, D.             Martin, L.             McCain
McEachin               McElveen               McGinnis
Nettles                Pettigrew              Phillips, L.
Phillips, O.           Rhoad                  Sharpe
Sheheen                Short                  Simpson
Toal                   Tucker                 Waldrop
Wells                  Wilder                 Wilkins

Total--48

Those who voted in the negative are:

Alexander, T.C.        Altman                 Aydlette
Bailey, G.             Barfield               Bennett
Blackwell              Blanding               Bradley, J.
Bradley, P.            Brown, G.              Carnell
Cooper                 Dangerfield            Davenport
Day                    Derrick                Faber
Felder                 Ferguson               Foster
Foxworth               Gilbert                Gordon
Helmly                 Hendricks              Holt
Johnson, J.C.          Keyserling             Kirsh
Mappus                 Mattos                 McAbee
McBride                McLellan               McLeod, E.B.
McTeer                 Moss                   Ogburn
Pearce                 Petty                  Rogers, J.
Rogers, T.             Rudnick                Shelton
Stoddard               Sturkie                Thrailkill
Whipper                White                  Winstead

Total--51

So, the House refused to table the amendment.

Rep. HAYES spoke against the amendment.

Rep. FOSTER spoke in favor of the amendment.

Rep. WILKINS was recognized.

POINT OF ORDER

Rep. J. BRADLEY raised the Point of Order that the member's time to speak on the amendment had expired.

The SPEAKER stated that the member was entitled to be heard twice on the amendment, and he overruled the Point of Order.

Rep. WILKINS spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 44; Nays 56

Those who voted in the affirmative are:

Aydlette               Bailey, G.             Bailey, K.
Barfield               Bennett                Blackwell
Blanding               Bradley, J.            Bradley, P.
Brown, J.              Brown, R.              Burriss, M.D.
Carnell                Cooper                 Dangerfield
Day                    Derrick                Elliott
Faber                  Foster                 Foxworth
Gilbert                Holt                   Johnson, J.C.
Jones                  Kirsh                  Mappus
Mattos                 McAbee                 McBride
McEachin               McTeer                 Ogburn
Rogers, T.             Rudnick                Sharpe
Shelton                Stoddard               Taylor
Thrailkill             Waldrop                Whipper
White                  Winstead

Total--44

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Baker                  Baxley
Beasley                Boan                   Brown, H.
Chamblee               Clyborne               Corning
Davenport              Edwards                Evatt
Fair                   Ferguson               Gordon
Gregory                Harris, J.             Harris, P.
Haskins                Hawkins                Hayes
Hearn                  Helmly                 Hendricks
Hodges                 Johnson, J.W.          Kay
Keyserling             Klapman                Martin, D.
Martin, L.             McCain                 McElveen
McGinnis               McLeod, E.B.           Moss
Nesbitt                Nettles                Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rogers, J.             Sheheen
Short                  Simpson                Toal
Townsend               Tucker                 Wells
Wilder                 Wilkins

Total--56

So, the amendment was rejected.

Rep. AYDLETTE proposed the following Amendment No. 5, which was tabled.

Amend as and if amended. Nothing in this Bill shall pertain to the following moving or non moving violation: 400, 423, 425, 426, 450, 469, 482, 484, 486, 493, 495, 497, 501, 502, 504, 508, 517, 521.

Amend to conform.

Rep. AYDLETTE explained the amendment.

Rep. WILKINS spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 46 to 31.

Rep. J.C. JOHNSON proposed the following Amendment No. 6, which was adopted.

Amend as and if amended. by adding: Section 3 This act specifically does not apply if and when the proposed suspension is based on lack of notice being given to the Department when the person has in fact paid any fines or penalty due.

Amend to conform.

Rep. J.C. JOHNSON explained the amendment.

The amendment was then adopted.

Rep. L. MARTIN proposed the following Amendment No. 7, which was tabled.

Amend as and if amended. Adding a new Section to be appropriately numbered: Article 43, Chapter 5, Title 56 of the '76 Code by adding:

Section 56-5-6240. In addition to the other penalties provided by law, persons convicted of 3rd offense of driving while his license is under suspension, 3rd offense driving under the influence, 3rd offense of wilful violation of the Financial Responsibility Act or operating a motor vehicle without proper registration and licensing (not including an expired inspection sticker) must have the motor vehicle they drove during this offense forfeited in the manner as prescribed by law; provided further, however, the court shall order a vehicle returned to the owner of record if he can show by a preponderance of the evidence that (1) the use of the vehicle was not either expressly or implied by authorized (2) or the owner of record did not know that the driver had no valid license; Provided, forfeiture of a vehicle is subordinate in priority to all valid liens.

Amend title to conform.

POINT OF ORDER

Rep. TOAL raised the Point of Order that Amendment No. 7 was out of order as it was not germane to the Bill.

The SPEAKER overruled the Point of Order.

Rep. L. MARTIN explained the amendment.

Rep. HOLT requested that the amendment be read.

The Reading Clerk read the amendment.

Rep. L. Martin continued speaking.

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

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

Yeas 57; Nays 35

Those who voted in the affirmative are:

Alexander, M.O.        Arthur                 Bailey, K.
Barfield               Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, J.              Burriss, M.D.          Burriss, T.M.
Carnell                Cooper                 Derrick
Elliott                Faber                  Ferguson
Foster                 Gilbert                Gregory
Harris, J.             Hawkins                Hayes
Hearn                  Helmly                 Hodges
Huff                   Johnson, J.C           Johnson, J.W.
Kay                    Martin, D.             McAbee
McBride                McEachin               McKay
McTeer                 Nesbitt                Nettles
Pettigrew              Petty                  Phillips, L.
Phillips, O.           Rogers, T.             Rudnick
Sharpe                 Sheheen                Shelton
Short                  Stoddard               Taylor
Toal                   Townsend               Tucker
Whipper                White                  Wilkins

Total--57

Those who voted in the negative are:

Alexander, T.C.        Aydlette               Bailey, G.
Baker                  Baxley                 Beasley
Bradley, J.            Bradley, P.            Chamblee
Clyborne               Corning                Dangerfield
Davenport              Day                    Fair
Harris, P.             Haskins                Hendricks
Holt                   Kirsh                  Klapman
Koon                   Lockemy                Mappus
Martin, L.             Mattos                 McCain
McElveen               McGinnis               McLeod, E.B.
Moss                   Neilson                Simpson
Wells                  Wilder

Total--35

So, the amendment was tabled.

Rep. J. BRADLEY moved to recommit the Bill to the Committee on Judiciary.

POINT OF ORDER

Rep. TOAL raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was not sustained by the chair.

The question then recurred to the motion to recommit the Bill to the Committee on Judiciary.

Rep. WILKINS moved to table the motion to recommit which was agreed to by a division vote of 60 to 16.

Reps. J. BRADLEY, McABEE, McLELLAN and MAPPUS proposed the following Amendment No. 8, which was adopted.

Amend as and if amended, by adding the following Section:

Licensee shall be notified of suspension under this section the same as is required when license is suspended due to loss of points as provided in Section 56-1-810.

Amend to conform.

Rep. J. BRADLEY explained the amendment.

The amendment was then adopted.

Rep. J. BRADLEY spoke against the Bill.

Rep. OGBURN moved that the House recede until 2:00 which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of the Bill, Rep. J. BRADLEY having the floor.

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

SPEAKER IN CHAIR

S. 89--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. J. BRADLEY having the floor.

S. 89 -- Senator Lourie: A BILL TO AMEND SECTIONS 56-1-460 AND 56-9-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE THE OPERATOR'S LICENSE TO DRIVE IS CANCELLED, SUSPENDED, OR REVOKED, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

Rep. J. BRADLEY continued speaking.

LEAVE OF ABSENCE

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

Rep. J. BRADLEY continued speaking.

Rep. WILKINS moved immediate cloture on the entire matter.

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

Yeas 43; Nays 41

Those who voted in the affirmative are:

Alexander, M.O.        Arthur                 Bailey, G.
Bailey, K.             Beasley                Bennett
Boan                   Brown, H.              Brown, J.
Clyborne               Cooper                 Dangerfield
Fair                   Haskins                Hawkins
Hayes                  Helmly                 Hendricks
Hodges                 Johnson, J.W.          Keyserling
Lockemy                Martin, D.             Martin, L.
McCain                 McElveen               McGinnis
McLeod, E.B.           McTeer                 Neilson
Nesbitt                Pearce                 Pettigrew
Petty                  Phillips, L.           Phillips, O.
Russell                Sheheen                Simpson
Toal                   Wells                  Wilder
Wilkins

Total--43

Those who voted in the negative are:

Altman                 Aydlette               Barfield
Baxley                 Blackwell              Blanding
Bradley, J.            Bradley, P.            Brown, R.
Burriss, M.D.          Cork                   Corning
Day                    Evatt                  Ferguson
Foster                 Foxworth               Gilbert
Harris, P.             Harvin                 Hearn
Huff                   Jones                  Kay
Kirsh                  Koon                   Mappus
Mattos                 McAbee                 McBride
Moss                   Ogburn                 Rice
Rudnick                Sharpe                 Shelton
Snow                   Townsend               Whipper
White                  Winstead

Total--41

So, immediate cloture was ordered.

Rep. LOCKEMY proposed the following Amendment No 9 (Doc. No. 4074Y ), which was adopted.

Amend the bill, as and if amended, in Section 56-1-460 as contained in SECTION 1, page 89-2, by inserting before /If/ on line 20: /If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, then the additional period of suspension pursuant to this section is thirty days and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to his license being reinstated./

Amend title to conform.

Rep. LOCKEMY explained the amendment.

The amendment was then adopted.

Rep. J.C. JOHNSON proposed the following Amendment No. 10, which was adopted.

Amend as and if amended, by adding the word "solely" after the word "based" in Section 3.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. LOCKEMY proposed the following Amendment No. 11 (Doc. No. 4077Y), which was adopted.

Amend the bill, as and if amended, in Section 56-1-460, as contained in SECTION 1, by adding at the end:

/ If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows and no part of the minimum sentence may be suspended:

(1) for a first offense, imprisoned for not less than ten nor more than thirty days;

(2) for a second offense, imprisoned for not less than sixty days nor more than six months;

(3) for a third and subsequent offense, not less than six months nor more than three years./

Amend title to conform.

Rep. LOCKEMY explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. THRAILKILL a temporary leave of absence.

Rep. LOCKEMY continued speaking.

The amendment was then adopted.

Rep. LOCKEMY proposed the following Amendment No. 12 (Doc. No. 4078Y), which was tabled.

Amend the bill, as and if amended, in Section 56-1-460, as contained in SECTION 1, by adding at the end:

/The motor vehicle having the highest fair market value registered in the name of any person convicted of driving while his license was suspended pursuant to Section 56-5-3005, or, if no motor vehicle is registered to the person, the motor vehicle driven by the person at the time of the violation if the owner authorized its use with knowledge of the driver's suspension, must be seized by the law enforcement agency making the arrest and ordered forfeited by the court in which the conviction was obtained. Upon forfeiture, ownership of the vehicle vests in the county in which the violation occurred if the violation occurred in an unincorporated area of the county or the municipality in which the violation occurred. The forfeited motor vehicle must be sold at public auction after notice is given of the sale in a newspaper of general circulation of the date, time, and place of the auction and a description of the property to be auctioned. After payment of the expenses of the sale and any payments ordered by the court to protect the rights of lienholders or innocent third parties, the balance must be deposited in the general fund of the political subdivision for which the sale was held. Prior to entering a forfeiture order, the court shall conduct a hearing to determine ownership and the interests of lienholders or innocent third parties and notice of the hearing must be given to all interested parties. The court shall incorporate in its forfeiture order provisions necessary to insure that the interests of lienholders and innocent third parties are protected./

Amend further by adding an appropriately numbered section to read:

/SECTION ______ Article 23, Chapter 5 of Title 56 of the 1976 Code is amended by adding:

"Section 56-5-3005. Every person whose driver's license is suspended pursuant to Section 56-5-2990 shall report monthly his compliance with the suspension requirement at an office of the South Carolina Department of Highways and Public Transportation by personally appearing at the office in his county of residence no later than the tenth day of the month following a full month in which the suspension was in effect and report his compliance with the terms of the suspension during the applicable month on a form prescribed by the department. The report must be in the form of an affidavit to the effect that the person complied with the terms of the suspension during the prior month, but in making the affidavit, no person may be compelled to be a witness against himself in contravention of the guarantees of the Constitutions of this State and the United States. Any person failing to appear in a timely manner to report compliance as required by this section is guilty of a misdemeanor and upon conviction must be fined not less than one hundred dollars nor more than two hundred dollars.

Any person subsequently convicted of driving while his license is suspended pursuant to Section 56-5-2930 and who made a false statement on the compliance report required by this section is guilty of a misdemeanor and upon conviction must be punished as provided in Sections 16-9-30 and 16-9-10."/

Renumber sections to conform.

Amend title to conform.

Rep. LOCKEMY explained the amendment.

Rep. WILKINS spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 41 to 26.

The question then recurred to the passage of the Bill, as amended.

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

Yeas 85; Nays 13

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Barfield               Baxley                 Beasley
Bennett                Blackwell              Boan
Bradley, P.            Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burriss, M.D.
Chamblee               Clyborne               Cooper
Cork                   Corning                Day
Elliott                Evatt                  Faber
Fair                   Ferguson               Foster
Gilbert                Harris, J.             Harris, P.
Harvin                 Haskins                Hawkins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Huff
Johnson, J.C.          Johnson, J.W.          Jones
Keyserling             Kirsh                  Klapman
Koon                   Lewis                  Lockemy
Martin, D.             Martin, L.             McBride
McCain                 McElveen               McGinnis
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Pearce                 Pettigrew              Phillips, L.
Phillips, O.           Rhoad                  Rogers, T.
Rudnick                Russell                Sharpe
Sheheen                Simpson                Snow
Thrailkill             Toal                   Townsend
Tucker                 Waldrop                Wells
Whipper                White                  Wilder
Wilkins

Total--85

Those who voted in the negative are:

Aydlette               Blanding               Bradley, J.
Carnell                Dangerfield            Davenport
Foxworth               Mappus                 McAbee
Petty                  Rice                   Shelton
Winstead

Total--13

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

Rep. WILKINS moved to reconsider the vote whereby the Bill was given a second reading.

Rep. HAYES moved to table the motion which was agreed to.

H. 2072--ORDERED TO THIRD READING

The following Bill was taken up.

H. 2072 -- Reps. Fair, Beasley, Hayes, M.O. Alexander, G. Bailey, Baker, Barfield, Blackwell, H. Brown, R. Brown, M.D. Burriss, Chamblee, Clyborne, Cooper, Davenport, Elliott, Felder, Hearn, Jones, Kay, Kirsh, Lockemy, McGinnis, McTeer, Neilson, Nesbitt, Rice, Russell, Sharpe, Stoddard, Wells, Winstead, Corning, P. Bradley, Wilkins, L. Martin, T.M. Burriss, J.H. Burriss, Wilder, Day, McLellan, Haskins, Harvin and Waldrop: A BILL TO DESIGNATE SECTIONS 16-15-10 THROUGH 16-15-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, ARTICLE 1 OF CHAPTER 15 OF TITLE 16 OF THE 1976 CODE TO BE ENTITLED "MISCELLANEOUS OFFENSES", TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 IN CHAPTER 15 OF TITLE 16 SO AS TO PROVIDE FOR CRIMES RELATING TO OBSCENITY, MATERIAL HARMFUL TO MINORS, CHILD EXPLOITATION, AND CHILD PROSTITUTION AND TO PROVIDE PENALTIES, INCLUDING FORFEITURE, FOR VIOLATIONS, TO AMEND THE 1976 CODE BY ADDING SECTION 16-3-850 SO AS TO REQUIRE FILM PROCESSORS AND PHOTO FINISHERS WHO ARE REQUESTED TO DEVELOP FILM OF CHILDREN ENGAGING IN SEXUALLY EXPLICIT CONDUCT TO REPORT THE NAME AND ADDRESS OF THE INDIVIDUAL REQUESTING THE DEVELOPMENT TO THE LAW ENFORCEMENT OFFICIALS IN THE LOCALITY FROM WHICH THE FILM WAS ORIGINALLY FORWARDED; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THOSE CRIMES DESIGNATED FELONIES BY THE ARTICLE ADDED BY THIS ACT, AND TO REPEAL SECTIONS 16-15-260 THROUGH 16-15-440, RELATING TO OBSCENITY.

Rep. J. BRADLEY proposed the following Amendment No. 6 (Doc. No. 3769Y), which was tabled.

Amend the report of the Committee on Judiciary, as and if amended, Section 16-15-305 as contained in SECTION 2, page 2072-3, by striking on line 41 /the area from which the jury is drawn./ and inserting /this State on a statewide basis./

Amend title to conform.

Rep. J. BRADLEY explained the amendment.

Reps. FAIR and TOAL spoke against the amendment.

Rep. TOAL moved to table the amendment which was agreed to by a division vote of 50 to 22.

The question then recurred to the passage of the Bill.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 94; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Boan                   Bradley, J.
Brown, G.              Brown, H.              Brown, J.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cooper
Corning                Dangerfield            Davenport
Day                    Elliott                Faber
Fair                   Felder                 Ferguson
Foster                 Foxworth               Harris, J.
Harris, P.             Harvin                 Haskins
Hawkins                Hayes                  Hearn
Helmly                 Hendricks              Hodges
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Kohn
Koon                   Lewis                  Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McElveen
McGinnis               McLeod, E.B.           McTeer
Moss                   Neilson                Nesbitt
Pearce                 Pettigrew              Petty
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Russell                Sharpe                 Sheheen
Simpson                Toal                   Townsend
Tucker                 Wells                  Whipper
White                  Wilder                 Wilkins
Winstead

Total--94

Those who voted in the negative are:

Total--0

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

H. 2072--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BEASLEY, with unanimous consent, it was ordered that H. 2072 be read the third time tomorrow.

RECORDS FOR VOTING

Had I been present in the Chamber I would have voted yes on the passage of H. 2072.
Rep. McLELLAN

I was out of the House Chamber when the vote on H. 2072 was taken. Had I been present I would have voted in favor of the Bill.
Rep. OGBURN
Rep. J.W. McLEOD
Rep. R. BROWN

At the time H. 2072 was voted on for second reading I was in conference in the Governor's Office and had I been present I would have voted in favor of the Bill.
Rep. P. BRADLEY

S. 98--CONFERENCE REPORT ADOPTED

The following was received.

CONFERENCE REPORT

The General Assembly, Columbia, S.C. April 15, 1987

The Committee of Conference, to whom was referred S. 98:
S. 98 -- Senator Peeler: a BILL TO AMEND SECTION 16-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILLEGAL USE OF STINK BOMBS, TEAR-GAS BOMBS, AND SIMILAR DEVICES, SO AS TO ADD SMOKE BOMBS AND SIMILAR DEVICES; TO PROVIDE THAT THE USE OF SUCH A DEVICE WHICH MAY INFLICT INJURY OR CAUSE FEAR SUFFICIENT TO INCITE A RIOT OR CONDITIONS OF PANIC IS UNLAWFUL; TO ADD STADIUMS AND ARENAS AND SIMILAR STRUCTURES AS LOCATIONS WHERE THE USE OF THE DEVICES ARE UNLAWFUL; TO INCREASE THE PENALTIES FOR VIOLATIONS FROM IMPRISONMENT FOR NOT MORE THAN ONE YEAR AND A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH, TO IMPRISONMENT FOR NOT MORE THAN FIVE YEARS OR A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS, OR BOTH; AND TO PROVIDE THAT THE COURT MAY ORDER ALL OR A PORTION OF A FINE TO BE PAID TO PERSONS INJURED AS A RESULT OF THE VIOLATION TO RECOVER NECESSARY MEDICAL EXPENSES.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the bill do pass amended as follows:

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

/SECTION 1. Section 16-7-160 of the 1976 Code is amended to read:

"Section 16-7-160. It shall be is unlawful for any person, other than a peace officer engaged in the discharge of his duty, to place, deposit or throw any a stink bomb, tear-gas bomb, smoke bomb or any substitute or similar device used therefor which contains foul or offensive odors, may inflict injury, or cause fear sufficient to incite a riot or conditions of panic (a) in or in close proximity to any public building, storehouse, theatre, stadium, arena, motion picture theatre, private residence, or boardinghouse, or other building or other structure where people lodge, congregate, or reside, (b) within the curtilage of any such building, (c) on any sidewalk or street in front of any such building or in front of or near any rear or side entrance to any such building or in front of or near any rear or side entrance to any such building, (d) at any exit to such building or (e) in, at or near any hole or vent or ventilator in any such building. Any person violating any of the provisions hereof shall be of this section is guilty of a misdemeanor and on upon conviction shall must be punished by imprisonment for not more than one year three years or by a fine of not more than one three thousand dollars, or both,; at the direction of the trail judge provided, where the violation causes serious bodily harm or injury, the punishment must be imprisonment for not more than ten years or a fine of not more than ten thousand dollars, or both. The court may order all or a portion of a fine to be paid to persons injured as a result of the violation to recover necessary medical expenses."

SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.

Harvey S. Peeler, Jr.             David H. Wilkins
William R. Lee                    Donna Moss
John A. Martin                    Olin R. Phillips
  On Part of the Senate             On Part of the House

Rep. WILKINS explained the Conference Report.

The report was adopted and a message was ordered sent to the Senate accordingly.

H. 2159--FREE CONFERENCE POWERS GRANTED

Rep. WILKINS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 2159 -- Reps. Hearn, Day, Moss, Limehouse, Wilkins, Haskins, Toal and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-27-15 SO AS TO PROVIDE INTERPRETERS FOR A DEAF PERSON WHO IS PARTY TO ANY LEGAL PROCEEDING OR A WITNESS THEREIN OR CONFINED TO ANY INSTITUTION.

The yeas and nays were taken resulting as follows:

Yeas 91; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Boan                   Brown, G.              Brown, H.
Brown, J.              Burriss, M.D.          Burriss, T.M.
Chamblee               Clyborne               Cooper
Corning                Dangerfield            Davenport
Day                    Elliott                Faber
Ferguson               Foster                 Foxworth
Gilbert                Gregory                Harris, J.
Harris, P.             Harvin                 Haskins
Hawkins                Hayes                  Hearn
Hendricks              Hodges                 Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Koon                   Lewis
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McBride
McCain                 McEachin               McElveen
McGinnis               McLellan               McLeod, E.B.
McTeer                 Moss                   Neilson
Nesbitt                Pearce                 Pettigrew
Petty                  Phillips, O.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Russell                Sharpe
Sheheen                Shelton                Simpson
Snow                   Toal                   Townsend
Tucker                 Wells                  Whipper
White                  Wilder                 Wilkins
Winstead

Total--91

Those who voted in the negative are:

Total--0

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. WILKINS, HEARN and McELVEEN to the Committee of Free Conference and a message was sent to the Senate accordingly.

H. 2742--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 31, by Rep. FOXWORTH.

Rep. FOXWORTH explained the amendment.

The amendment was then adopted.

Rep. HOLT proposed the following Amendment No. 2 (Doc. No. 3515Y), which was adopted.

Amend the bill, as and if amended, page 3, line 23, by striking /fifty/ and inserting /twenty-five/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

The amendment was then adopted.

Rep. AYDLETTE proposed the following Amendment No. 3 (Doc. No. 3522Y), which was tabled.

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

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

"Section 50-17-1620. It is unlawful to catch or take shrimp by cast net for commercial purposes, other than for sale as live bait, seine, or other net or device, except drop or lift net as described below, in or near any waters or bottoms which have been baited by placing, depositing, or scattering any material to attract or lure shrimp toward the bait or to cause shrimp to congregate in the area where the bait is placed. It is lawful to use a baited drop or lift net of not more than four feet in diameter from a dock, pier, bridge, or other permanent structure connected to highland to take shrimp.

The placing or scattering of bait by any person in or on any saltwaters or associated bottoms, or the possession of shrimp bait in any boat is prima facie evidence of a violation of this section. Any stakes or other devices of the type used to mark baited areas may be removed by the Wildlife and Marine Resources Department Conservation Officers.

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

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

Amend title to conform.

Rep. AYDLETTE explained the amendment.

Rep. FOXWORTH moved to table the amendment which was agreed to.

Reps. WILLIAMS, HELMLY, DAY and H. BROWN proposed the following Amendment No. 4 (Doc. No. 3753Y), which was tabled.

Amend the bill, as and if amended, in Section 50-17-1620 of the 1976 Code, as contained in Section 1, by striking /five/ as contained on line 15 of page 2, by striking /five/ as contained on line 13 of page three, and by striking /five/ as contained on line 16 of page 3 and inserting /ten/.

Amend title to conform.

Rep. FOXWORTH spoke against the amendment.

Reps. H. BROWN and J. BRADLEY spoke in favor of the amendment.

Rep. FOXWORTH spoke against the amendment.

Rep. J. BRADLEY spoke in favor of the amendment.

Rep. FOXWORTH moved to table the amendment which was agreed to by a division vote of 47 to 25.

Rep. PEARCE moved immediate cloture on the entire matter, which was agreed to by a division vote of 51 to 29.

Rep. BARFIELD proposed the following Amendment No. 5 (Doc. No. 3967Y), which was tabled.

Amend the bill, as and if amended, by striking subsection (A) of Section 50-17-1621, as contained in SECTION 2, beginning on page 4, and inserting:

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

Amend title to conform.

Rep. BARFIELD explained the amendment.

Rep. FOXWORTH spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 46 to 14.

Rep. J. BRADLEY proposed the following Amendment No. 6, which was ruled out of order.

Amend as and if amended, by deleting the word "five" on page 3, line 13 and substituting in lieu thereof the word "ten".

By deleting the word "five" on page 3, line 16 and substituting in lieu thereof the word "ten".

Amend to conform.

POINT OF ORDER

Rep. FOXWORTH raised the Point of Order that Amendment No. 6 was out of order as it was identical to an amendment previously disposed of.

The SPEAKER sustained the Point of Order, and the amendment was ruled out of order.

Rep. NESBITT moved that the House do now adjourn.

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

Yeas 2; Nays 75

Those who voted in the affirmative are:

Foster                 Nesbitt

Total--2

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, J.
Brown, H.              Brown, J.              Burriss, M.O.
Carnell                Chamblee               Clyborne
Cooper                 Corning                Dangerfield
Davenport              Elliott                Felder
Foxworth               Gregory                Harris, J.
Harris, P.             Harvin                 Haskins
Hawkins                Hearn                  Hodges
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Klapman                Lewis                  Lockemy
Mappus                 Martin, D.             McAbee
McBride                McCain                 McEachin
McGinnis               McLeod, E.B.           McTeer
Moss                   Neilson                Pearce
Pettigrew              Phillips, O.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Toal                        Townsend
Tucker                 Wells                       Whipper
White                  Wilder                      Winstead

Total--75

So, the House refused to adjourn.

Rep. J. BRADLEY proposed the following amendment to H. 2742, which was tabled.

Amend as and if amended, by deleting lines 22 and 23 on page 3.

Amend to conform.

Rep. J. BRADLEY explained the amendment.

Rep. FOXWORTH moved to table the amendment which was agreed to.

Rep. J. BRADLEY proposed the following Amendment No. 8, which was tabled.

Amend as and if amended, by deleting lines 40-45 on page 4 and 1-17 on page 5 and substituting in lieu thereof "when taking shrimp over bait there is a catch limit of not more than 48 quarts of whole shrimp per day per boat."

Amend to conform.

Rep. J. BRADLEY explained the amendment.

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

Reps. TOAL and T. ROGERS proposed the following Amendment No. 9, which was tabled.

Amend as and if amended, Section 1, subsection 50-17-1620 (B) at page 2742-3 by striking the last sentence thereof at lines 3-7; and further by striking subsection 50-17-1620 (G) at p. 2742-4, lines 35-39.

Amend title to conform.

Rep. T. ROGERS explained the amendment.

Rep. FOXWORTH spoke against the amendment.

Rep. PEARCE moved to table the amendment which was agreed to by a division vote of 44 to 22.

Rep. KOON proposed the following Amendment No. 10, which was tabled.

Amend as and if amended, add new Section at end of Bill. Section 3, No part of this Bill applies to any party who does not use any form of baiting, in sport of "shrimping".

Amend title to conform.

Rep. KOON explained the amendment.

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

Rep. Koon demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 48 to 7.

Rep. KOON proposed the following Amendment No. 11, which was tabled.

Amend as and if amended, Section 2 page 5, line 9. After "person" insert Daily and end Section (A) Amend title to conform.

Rep. KOON explained the amendment.

Rep. FOXWORTH moved to table the amendment.

Rep. KOON demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 51 to 14.

Rep. J. BRADLEY proposed the following Amendment No. 12, which was tabled.

Amend as and if amended, by deleting section (B) on pages 1 and 2 and substituting in lieu thereof:

(B) The season shall be open from June 1st to December 1st of each year.

Amend to conform.

Rep. J. BRADLEY explained the amendment.

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

The question then recurred to the passage of the Bill, as amended.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 77;Nays 13

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, K.             Baker                  Baxley
Beasley                Bennett                Blackwell
Boan                   Bradley, P.            Brown, H.
Brown, J.              Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Dangerfield            Davenport
Edwards                Elliott                Faber
Fair                   Felder                 Ferguson
Foxworth               Gregory                Harris, J.
Harris, P.             Harvin                 Haskins
Hawkins                Hearn                  Helmly
Hodges                 Huff                   Johnson, J.C.
Johnson, J.W.          Kay                    Keyserling
Kirsh                  Klapman                Lewis
Mappus                 Martin, D.             Mattos
McAbee                 McCain                 McEachin
McElveen               McGinnis               McLellan
McLeod, E.B.           McTeer                 Nesbitt
Ogburn                 Pearce                 Pettigrew
Petty                  Rhoad                  Rice
Rogers, J.             Rudnick                Russell
Sheheen                Thrailkill             Toal
Townsend               Tucker                 Waldrop
Wells                  White                  Wilder
Wilkins                Winstead

Total--77

Those who voted in the negative are:

Arthur                 Barfield               Blanding
Bradley, J.            Jones                  Koon
Lockemy                Moss                   Neilson
Phillips, O.           Rogers, T.             Sharpe
Whipper

Total--13

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

Rep. PEARCE moved to reconsider the vote whereby the Bill was given a second reading.

Rep. FOXWORTH moved to table the motion which was agreed to.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2819 -- Reps; Sheheen, Dangerfield, J. Rogers, Wilkins, McLellan, L. Phillips, Hawkins, Pearce, Washington, Foster, Toal, P. Harris and Carnell: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 19 THROUGH APRIL 25, 1987, PROFESSIONAL SECRETARIES' WEEK AND APRIL 22, 1987, SECRETARIES' DAY THROUGHOUT THE STATE OF SOUTH CAROLINA AND TO INVITE THE MEMBERS OF GOVERNMENT AND BUSINESS TO JOIN TOGETHER ON THIS OCCASION TO PAY TRIBUTE TO THE SECRETARIAL PROFESSION BY RECOGNIZING THEIR DEDICATED SERVICE TO THE COMMUNITY AND STATE.

H. 2888 -- Rep. Harvin: A CONCURRENT RESOLUTION REQUESTING CLARENDON COUNTY COUNCIL TO NAME THE TAW CAW COUNTY PARK IN CLARENDON COUNTY FOR THE LATE HONORABLE JOHN M. DUKES, JR.

H. 2287 -- Rep. Harvin: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES SECRETARY OF TRANSPORTATION TO APPROVE THE REQUEST OF PIEDMONT AIRLINES TO ESTABLISH INTERNATIONAL SERVICE BETWEEN CHARLOTTE, NORTH CAROLINA, AND LONDON.

ADJOURNMENT

At 4:35 P.M. The House in accordance with the motion of Rep. WINSTEAD adjourned to meet at 10:00 A.M. tomorrow.

* * *


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