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

TUESDAY, MARCH 11, 1986

Tuesday, March 11, 1986
(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:

Father of love and compassion, in Whose presence our restless souls find peace, be always our chart and compass as we travel the unknown journey of life. Spare us from discord and confusion, from pride and arrogance, and from all that embitters and divides. Teach us to value a conscience clear of offense and the royalty of self-respect as being much more to be sought after than all the pedestals, prizes and preferences that this world can give. May selfishness be burned from our hearts, prejudices purged from our minds, and our will be lost in Yours.

Amen.

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

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 3630 -- Ways and Means Committee: A CONCURRENT RESOLUTION TO EXPRESS THE INTENTION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE DEPARTMENT OF MENTAL HEALTH AN ADDITIONAL APPROPRIATION OF AN AMOUNT NOT EXCEEDING SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS FOR USE IN MEETING THE EXTRAORDINARY OPERATING EXPENSES INCURRED FOR FISCAL YEAR 1985-86.

Whereas, the Department of Mental Health has realized an unforeseen increase in the number of admissions to psychiatric facilities; and

Whereas, the agency has experienced a substantially higher than anticipated patient population at the South Carolina State Hospital and Crafts-Farrow State Hospital; and

Whereas, action by the Department to curtail services would seriously jeopardize the health and well-being of mentally ill citizens of the State; and

Whereas, the Department of Mental Health is faced with the necessity of incurring significant expenses beyond what had been anticipated and appropriated to it for fiscal year 1985-86. Now, therefore,

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

That the members of the General Assembly hereby acknowledge the extraordinary situation being faced by the Department of Mental Health and, by this resolution, indicate to the Department of Mental Health, the Comptroller General, and the State Treasurer their intention to make available to the Department of Mental Health an additional appropriation of an amount not exceeding seven million eight hundred thousand dollars for use in meeting the extraordinary operating expenses incurred for fiscal year 1985-86.

Be it further resolved that a copy of this resolution be forwarded to the Department of Mental Health, the Comptroller General, and the State Treasurer.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3631 -- Rep. G. Bailey: A CONCURRENT RESOLUTION MEMORIALIZING THE MAYOR AND CITY OFFICIALS OF PHILADELPHIA TO EXERCISE THEIR AUTHORITY, PUBLIC DUTY, AND RESPONSIBILITY BY DISCOURAGING AND ENJOINING THE TRANSPORTATION AND DISPOSAL OF PHILADELPHIA GARBAGE AND WASTE IN SOUTH CAROLINA.

The Concurrent Resolution ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3632 -- Reps. Blatt, McEachin, J. Arthur and J. Anderson: A CONCURRENT RESOLUTION TO FIX TWELVE NOON ON WEDNESDAY, MARCH 19, 1986, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE GEORGE T. GREGORY, JR., ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1986; SUCCESSORS TO THE FOLLOWING CIRCUIT COURT JUDGES: THE HONORABLE JOHN HAMILTON SMITH, JUDGE OF THE FIRST JUDICIAL CIRCUIT, THE HONORABLE RODNEY A. PEEPLES, JUDGE OF THE SECOND JUDICIAL CIRCUIT, THE HONORABLE DAN F. LANEY, JR., JUDGE OF THE THIRD JUDICIAL CIRCUIT, THE HONORABLE ANTHONY HARRIS, JUDGE OF THE FOURTH JUDICIAL CIRCUIT, THE HONORABLE DON S. RUSHING, JUDGE OF THE SIXTH JUDICIAL CIRCUIT, THE HONORABLE THOMAS L. HUGHSTON, JR., JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, THE HONORABLE WILLIAM B. TRAXLER, JR., JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, THE HONORABLE SIDNEY THOMAS FLOYD, JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, THE HONORABLE ROBERT LAWRENCE MCFADDIN, JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT; AND A SUCCESSOR TO THE HONORABLE FOX B. CAHALY, JUDGE OF THE FAMILY COURT SEAT 3, TENTH JUDICIAL CIRCUIT FOR THE UNEXPIRED PORTION OF HIS TERM WHICH ENDS FEBRUARY 29, 1989.

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 3633 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE MR. ROGER MCKENZIE, EDITOR OF THE LEE COUNTY OBSERVER, FOR RECEIVING TWO WRITING AWARDS AT THE SOUTH CAROLINA PRESS ASSOCIATION'S ANNUAL WINTER MEETING HELD IN CHARLESTON.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 3634 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO COMMEND THE PLANS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER THE CATAWBA RIVER CONNECTING ROAD S-97 IN LANCASTER COUNTY AND ROAD S-200 IN CHESTER COUNTY "THE TOM G. MANGUM BRIDGE".

Whereas, the Department of Highways and Public Transportation plans to name the bridge over the Catawba River connecting Road S-97 in Lancaster County and Road S-200 in Chester County "The Tom G. Mangum Bridge"; and

Whereas, Representative Tom Gibson Mangum has faithfully served his State in the General Assembly since 1955; and

Whereas, the General Assembly believes that Representative Mangum's dedication and valuable contributions to South Carolina should be recognized and remembered in a lasting form. Now, therefore,

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

That the members of the General Assembly commend the plans of the Department of Highways and Public Transportation to name the bridge over the Catawba River connecting Road S-97 in Lancaster County and Road S-200 in Chester County "The Tom G. Mangum Bridge".

Be it further resolved that the Department of Highways and Public Transportation is requested to hold a ceremony officially naming the bridge and to erect appropriate markers with the following inscription: "The Tom G. Mangum Bridge".

Be it further resolved that a copy of this resolution be forwarded to the Chief Highway Commissioner.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3639 -- Rep. Schwartz: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MIKE JARRETT AND HIS FAMILY UPON THE DEATH OF HIS MOTHER, MRS. MAKA JONES JARRETT OF NEWBERRY COUNTY.

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

INTRODUCTION OF BILLS

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

H. 3635 -- Reps. Pearce and Altman: A BILL TO AMEND SECTION 50-17-1055, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERMISSIBLE DISTANCE BETWEEN A COMMERCIAL FISHING DEVICE AND A FISHING PIER OR MANMADE JETTY WITH A FISHING WALKWAY, SO AS TO REDUCE THE DISTANCE FROM FIVE HUNDRED YARDS TO THREE HUNDRED YARDS.

Referred to Committee on Agriculture and Natural Resources.

H. 3636 -- Rep. McEachin: A BILL TO AMEND ARTICLE 3, CHAPTER 9 OF TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL OR SUBSTITUTE SERVICE OF PROCESS BY ADDING SECTION 15-9-355 SO AS TO PROVIDE FOR SERVICE OF PROCESS UPON PERSONS WHO HAVE MADE APPLICATION FOR AN AUTOMOBILE LIABILITY INSURANCE POLICY WHO BECOME A NAMED INSURED UNDER SUCH A POLICY, WHO BECOME AN INSURED DRIVER UNDER SUCH A POLICY, OR WHO MAKE A CLAIM FOR BENEFITS THEREUNDER.

Referred to Committee on Judiciary.

H. 3637 -- Reps. Waldrop and Schwartz: A BILL TO AMEND SECTION 9-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE IN THE SOUTH CAROLINA NATIONAL GUARD AND ANY RESERVE COMPONENT OF THE UNITED STATES ARMED SERVICES IS CONSIDERED MILITARY SERVICE FOR RETIREMENT PURPOSES.

Referred to Committee on Ways and Means.

H. 3638 -- Reps. McEachin, McKay, R. Brown, Gilbert, Nettles and Pearce: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 56, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE VEHICULAR REGISTRATION FOR DISABLED VETERANS SO AS TO ALSO PROVIDE FOR FREE VEHICULAR REGISTRATION FOR ANY SOUTH CAROLINA RESIDENT WHO IS TOTALLY AND PERMANENTLY DISABLED.

Referred to Committee on Ways and Means.

ROLL CALL

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

Schwartz               Alexander              Altman
Anderson, J.           Arthur, J.             Aydlette
Bailey, G.             Barfield               Beasley
Blackwell              Bradley, J.            Brown, H.
Brown, R.              Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cooper
Cork                   Dangerfield            Davenport
Day                    Faber                  Fair
Foxworth               Gentry                 Gilbert
Gordon                 Gregory                Harris, P.
Hawkins                Hearn                  Helmly
Hendricks, B.          Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Kay
Kirsh                  Klapman                Lake
Limehouse              Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McEachin               McKay                  McLellan
McLeod                 McTeer                 Moss
Nettles                Ogburn                 Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Russell                Sheheen
Shelton                Simpson                Taylor
Thrailkill             Toal                   Townsend
Tucker                 Washington             White
Wilkins                Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on March 11, 1986.

Tom Marchant                      John H. Burriss
Tee Ferguson                      M. Duke Cleveland
H. Larry Mitchell                 Ken Bailey
Dave C. Waldrop                   John J. Snow
Philip T. Bradley                 T.W. Edwards, Jr.
Parker Evatt                      Denny W. Neilson
James E. Lockemy                  William D. Boan
Sol Blatt                         John Felder
Grady Brown                       Paul Derrick
Samuel R. Foster                  Lenoir Sturkie
Gene Stoddard                     L. Edward Bennett
Tim Brett                         Palmer Freeman, Jr.
Robert W. Hayes, Jr.              Lloyd I. Hendricks
Tom G. Mangum                     A. Victor Rawl
Charles R. Sharpe                 Jean Harris
W. Sterling Anderson              Paul Short
Dick Elliott                      Charles L. Griffin III
Total--112

LEAVES OF ABSENCE

The SPEAKER granted Rep. RIGDON a leave of absence for the week to attend a conference in Washington.

The SPEAKER granted Rep. S. ANDERSON a temporary leave of absence.

S. 977--DEBATE ADJOURNED

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

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

RETURNED TO THE SENATE WITH AMENDMENT

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

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

S. 870--RECONSIDERED AND DEBATE ADJOURNED

Rep. KIRSH moved to reconsider the vote whereby the following Bill was given a third reading which was agreed to.

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

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

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

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

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

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

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

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

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

S. 126--DEBATE ADJOURNED

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

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

H. 3309--DEBATE ADJOURNED

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

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

ORDERED TO THIRD READING

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

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

Rep. T.M. BURRISS explained the Bill.

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

Rep. TAYLOR explained the Joint Resolution.

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

Rep. KIRSH explained the Joint Resolution.

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

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

H. 3361--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that H. 3361 be read the third time tomorrow.

H. 3617--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. TAYLOR, with unanimous consent, it was ordered that H. 3617 be read the third time tomorrow.

H. 3623--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3623 be read the third time tomorrow.

H. 3624--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3624 be read the third time tomorrow.

H. 2851--POINT OF ORDER

The following Bill was taken up.

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

POINT OF ORDER

Rep. J. ROGERS 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. 3343--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 2542R), which was adopted.

Amend the Bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION     1.     Chapter 27 of Title 5 of the 1976 Code is amended by adding:

"Article 9

Section 5-27-910.     Any rescue squad, volunteer fire department, or charitable or eleemosynary organization in this State may solicit funds from motorists on highways and streets located within a municipality or town with a permit issued by the governing body of the municipality or town. The governing body may grant or deny a permit. Permits may be issued for more than one day but no organization may be issued more than two permits in any one calendar year. Permits may impose limits upon solicitation as the governing body of the municipality or town determines are necessary to protect the health and safety of motorists, pedestrians, and those soliciting for an organization and to ensure that solicitation does not unreasonably impede the flow of traffic. The governing body issuing the permit shall have responsibility for supervising the solicitation and enforcing the terms of the permit."

SECTION     2.     Act 167 of 1985 is repealed.

SECTION     3.     This act shall take effect upon approval by the Governor./

Amend title to conform.

Rep. BARFIELD explained the amendment.

Rep. O. PHILLIPS spoke in favor of the amendment.

The amendment was then adopted.

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

H. 3343--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BARFIELD, with unanimous consent, it was ordered that H. 3343 be read the third time tomorrow.

H. 2767--POINT OF ORDER

The following Bill was taken up.

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

POINT OF ORDER

Rep. HUFF 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. 3325--DEBATE ADJOURNED

Rep. GREGORY moved to adjourn debate upon the following Joint Resolution until Tuesday, March 18, which was adopted.

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

H. 3625--POINT OF ORDER

The following Bill was taken up.

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

POINT OF ORDER

Rep. L. MARTIN 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. 3626--POINT OF ORDER

The following Bill was taken up.

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

POINT OF ORDER

Rep. T. ROGERS 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. 3331--NON-CONCURRENCE IN
SENATE AMENDMENTS

On motion of Rep. KIRSH, with unanimous consent, the House non-concurred in the Senate amendments to the following Joint Resolution, and a message was ordered sent to the Senate accordingly.

H. 3331 -- Ways and Means Committee: 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 1981, 1982, 1983, 1984, 1985, AND 1986 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1986.

SILENT PRAYER

On motion of Rep. O. PHILLIPS, with unanimous consent, the House stood in silent prayer for the recovery of former Representative Lloyd Lovelace.

H. 3550--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

H. 3550--The General Appropriations Bill

SECTION 3K1

Section 3K1 was adopted.

SECTION 3K2--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 61 (Doc. No. 2647R), which was tabled.

Amend the Bill, as and if amended, Part I, page 33, SECTION 3K2, Jt. Leg. Committee on Energy, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

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

Section 3K2 was adopted.

SECTION 3K3--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 60 (Doc. No. 2661R), which was tabled.

Amend the Bill, as and if amended, Part I, page 34, SECTION 3K3, Jt. Leg. Appropriations Review, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

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

Section 3K3 was adopted.

SECTION 3K4

Section 3K4 was adopted.

SECTION 3K5--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 59 (Doc. No. 2663R), which was tabled.

Amend the Bill, as and if amended, Part I, page 36, SECTION 3K5, Jt. Leg. Com. Alcohol and Drug Abuse, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. HEARN explained the Section.

Rep. HEARN moved to table the amendment.

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

The amendment was then tabled by a division vote of 43 to 19.

Section 3K5 was adopted.

SECTION 3K6--DEBATE ADJOURNED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 58 (Doc. No. 2665R).

Amend the Bill, as and if amended, Part I, page 37, SECTION 3K6, Jt. Leg. Com. State Bidding Practices, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

Reps. McABEE and T.M. BURRISS spoke against the amendment.

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

SECTION 3K7--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 57 (Doc. No. 2669R), which was tabled.

Amend the Bill, as and if amended, Part I, page 38, SECTION 3K7, Jt. Leg. Com. Tobacco Advisory, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

Reps. SNOW, R. BROWN and WALDROP spoke against the amendment.

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

Section 3K7 was adopted.

SECTION 3K8--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 56 (Doc. No. 2670R), which was tabled.

Amend the Bill, as and if amended, Part I, page 39, SECTION 3K8, Jt. Leg. Com. Education Study, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

Rep. LEWIS spoke against the amendment.

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

Section 3K8 was adopted.

SECTION 3K9--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 55 (Doc. No. 2672R), which was tabled.

Amend the Bill, as and if amended, Part I, page 40, SECTION 3K9, Jt. Leg. Com. Textile-Apparel Study, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

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

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

So the amendment was then tabled by a division vote of 44 to 9.

Section 3K9 was adopted.

SECTION 3K10--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 54 (Doc. No. 2662R), which was tabled.

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

Amend the Bill, as and if amended, PART I, page 41, SECTION 3K10, Jt. Leg. Com. State Employees employment, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

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

Section 3K10 was adopted.

SECTION 3K11

Section 3K11 was adopted.

SECTION 3K12--AMENDED AND ADOPTED

Rep. McLELLAN explained the section.

Reps. O. PHILLIPS and McLELLAN spoke in favor of the Section.

Reps. J. BRADLEY, LIMEHOUSE and FOXWORTH proposed the following Amendment No. 96, which was adopted.

Amend as and if amended.

By deleting Section 3K12 renumber sections to conform.

Amend totals and title to conform.

Rep. J. BRADLEY explained the amendment.

Rep. McLELLAN moved to table the amendment.

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

Yeas 38; Nays 40

Those who voted in the affirmative are:

Schwartz               Altman                 Blackwell
Blatt                  Boan                   Carnell
Chamblee               Cleveland              Cooper
Edwards                Elliott                Evatt
Faber                  Fair                   Foster
Harris, J.             Harris, P.             Hendricks, B.
Kirsh                  Lewis                  Martin, D.
Martin, L.             Mattos                 McAbee
McKay                  McLellan               McTeer
Pearce                 Phillips, L.           Rhoad
Rice                   Rogers, T.             Shelton
Snow                   Thrailkill             Toal
Tucker                 Waldrop

Total--38

Those who voted in the negative are:

Alexander              Arthur, J.             Bailey, K.
Barfield               Bradley, J.            Brown, G.
Burriss, J.H.          Burriss, M.D.          Cork
Davenport              Day                    Ferguson
Foxworth               Freeman                Gentry
Gilbert                Gregory                Hawkins
Hayes                  Hearn                  Huff
Johnson, J.C.          Kay                    Klapman
Koon                   Lake                   Limehouse
McBride                McEachin               Moss
Ogburn                 Petty                  Phillips, O.
Rogers, J.             Sheheen                Simpson
Taylor                 Townsend               Washington
Winstead

Total--40

So the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Section 3K12 as amended was adopted.

SECTION 3K13--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 53 (Doc. No. 2664R), which was tabled.

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

Amend the bill, as and if amended, PART I, page 45, SECTION 3K13, Jt. Leg. Com. Workers Compensation Study, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

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

Section 3K13 was adopted.

SECTION 3K14--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 52 (Doc. No. 2666R), which was tabled.

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

Amend the bill, as and if amended, PART I, page 46, SECTION 3K14, Jt. Leg. Com. Public Transportation Study, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

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

Section 3K14 was adopted.

SECTION 3K15

Section 3K15 was adopted.

Rep. BLACKWELL 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.

THE HOUSE RESUMES

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

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

H. 3550--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

H. 3550 -- THE GENERAL APPROPRIATIONS BILL

SECTION 3K16--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 51 (Doc. No. 2667R), which was tabled.

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

Amend the bill, as and if amended, PART I, page 48, SECTION 3K16, Jt. Leg. Com. Consumer Affairs, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

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

Section 3K16 was adopted.

SECTION 3K17--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 50 (Doc. No. 2668R), which was tabled.

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

Amend the bill, as and if amended, PART I, page 49, SECTION 3K17, Jt. Leg. Com. Agriculture Study, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

Rep. McKAY spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 38 to 6.

Section 3K17 was adopted.

SECTION 3K18--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 49 (Doc. No. 2673R), which was tabled.

Amend the bill, as and if amended, Part I, page 50, SECTION 3K18, Jt. Leg. Com. Water Resources, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

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

Section 3K18 was adopted.

SECTION 3K19--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 48 (Doc. No. 2674R), which was tabled.

Amend the bill, as and if amended, Part I, page 51, SECTION 3K19, Jt. Leg. Com. Catawba Ind. Commission, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

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

Section 3K19 was adopted.

SECTION 3K20

Section 3K20 was adopted.

SECTION 3K21--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 47 (Doc. No. 2675R), which was tabled.

Amend the bill, as and if amended, Part I, page 53, SECTION 3K21, Jt. Leg. Com. Tourism & Trade, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

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

Section 3K21 was adopted.

SECTION 3K22--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 46 (Doc. No. 2676R), which was tabled.

Amend the bill, as and if amended, Part I, page 54, SECTION 3K22, Jt. Leg. Com. Cont Com on Retirement Systems, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

Rep. L. PHILLIPS explained the Section and moved to table the amendment which was agreed to.

Section 3K22 was adopted.

SECTION 3K23--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 45 (Doc. No. 2677R), which was tabled.

Amend the bill, as and if amended, Part I, page 55, SECTION 3K23, Jt. Leg. Com. Tax Study Commission, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

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

Section 3K23 was adopted.

SECTION 3K24

Section 3K24 was adopted.

SECTION 3K25

Section 3K25 was adopted.

SECTION 3K26--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 44 (Doc. No. 2678R), which was tabled.

Amend the bill, as and if amended, Part I, page 58, SECTION 3K26, Jt. Leg. Com. Internal Security, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. KLAPMAN explained the Section.

SPEAKER PRO TEMPORE IN CHAIR

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

Section 3K26 was adopted.

SECTION 3K27

Section 3K27 was adopted.

SECTION 3K28--ADOPTED

Rep. LIMEHOUSE moved to adjourn debate upon the Section.

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

The question then recurred to the adoption of the Section, which was agreed to.

SECTION 3K29--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 41 (Doc. No. 2683R), which was tabled.

Amend the bill, as and if amended, Part I, page 61, SECTION 3K29, Jt. Leg. Com. on Cultural Affairs, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

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

Section 3K29 was adopted.

SECTION 3K28--REOPENED AND ADOPTED

On motion of Rep. SCHWARTZ, with unanimous consent, Section 3K28 was reopened.

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 42 (Doc. No. 2681R), which was tabled.

Amend the bill, as and if amended, Part I, page 60, SECTION 3K28, Jt. Leg. Com. on Aquaculture, by deleting the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. SNOW explained the Section.

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

Section 3K28 was adopted.

SECTION 3K30--ADOPTED

Rep. D. MARTIN explained the Section.

Section 3K30 was adopted.

SECTION 3K31--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 40 (Doc. No. 2680R), which was tabled.

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

Amend the bill, as and if amended, in PART I, by deleting SECTION 3K31, (JT. LEG EIA SELECT COMMITTEE), page 63, in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

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

Section 3K31 was adopted.

SECTION 3K32--ADOPTED

Reps. LIMEHOUSE, KAY and FOXWORTH proposed the following Amendment No. 39 (Doc. No. 2682R), which was tabled.

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

Amend the bill, as and if amended, in PART I, by deleting SECTION 3K32, (JT. LEG. LIAISON COMM. ON SMALL BUSINESS), on page 64, in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. L. MARTIN explained the Section and moved to table the amendment which was agreed to.

Section 3K32 was adopted.

Rep. McTEER proposed the following Amendment No. 3 (Doc. No. 2645R), which was adopted.

Amend the bill, as and if amended, in PART I, page 64, by adding after Section 3K32:

/SECTION 3K33
Joint Leg. Comm. on Highway Funding

(7)     (8)
Administrative     1,000     1,000/

Amend further, by adding at the end of Section 3, left column, page 68:

/Provided, further, that the Speaker of the House shall appoint three members of the House and the Lieutenant Governor shall appoint three members of the Senate to serve on the Joint Legislative Committee on Highway Funding. The committee shall report to the General Assembly no later than January 1, 1987, the feasibiity of funding highway operations with general fund revenues./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McTEER explained the amendment.

Rep. McTEER asked unanimous consent to amend the amendment at the desk, which was agreed to.

Rep. O. PHILLIPS spoke upon the amendment.

Rep. STODDARD spoke in favor of the amendment.

The amendment was then adopted.

Rep. WINSTEAD proposed the following Amendment No. 106 (Doc. No. 2791R), which was adopted.

Amend the bill, as and if amended, by inserting after page 64:

/SECTION 3K34
JT. LEG. COM. SCIENCE & TECHNOLOGY

(7)     (8)
ADMINISTRATION:

PERSONAL SERVICE:

UNCLASSIFIED LEG MISC COMM (P)     10,000     10,000

OTHER OPERATING EXPENSES:

SUPPLIES AND MATERIALS     1,000     1,000

FIXED CHARGES AND

CONTRIBUTIONS     1,000     1,000
TOTAL ADMINISTRATION     12,000     12,000/

Amend totals and title to conform.

Rep. WINSTEAD explained the amendment.

Rep. KIRSH moved to table the amendment, which was not agreed to.

The question then recurred to the adoption of the amendment, which was agreed to.

SECTION 3--AMENDED AND ADOPTED

Reps. LIMEHOUSE, KAY, FOXWORTH and DAVENPORT proposed the following Amendment No. 34 (Doc. No. 2659R), which was adopted.

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

Amend the bill, as and if amended, in PART I, SECTION 3, (LEGISLATIVE DEPARTMENT) by adding at the end on page 68:

/Provided, Further, That, no per diem may be paid to any person from more than one source for any one calendar day./

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

The amendment was then adopted.

Reps. FOXWORTH, LIMEHOUSE and KAY proposed the following Amendment No. 65 (Doc. No. 2684R), which was tabled.

Amend the bill, as and if amended, Section 3, page 65, third proviso in the right-hand column, by deleting item b beginning on line 25 and item c beginning on line 39.

Amend further, Section 3, page 66, right-hand column, by deleting the provisos beginning on lines 2, 7, 12, 15, 28, and 43.

Amend further, Section 3, page 67, left-hand column, by deleting the provisos beginning on lines 1, 8, 24, 29, and 34.

Amend further, Section 3, page 67, right-hand column, by deleting the proviso beginning on line 39.

Amend further, Section 3, page 68, left-hand column, by deleting the proviso beginning on line 31.

Amend sections to conform.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

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

Rep. TOAL proposed the following Amendment No. 79, which was adopted.

Amend as and if amended.

Part I, Section 3 provisos at page 68 by adding the following proviso:

Provided further, the Speaker of the House is authorized to approve no more than $500.00 per member per fiscal year from the postage accounts of Special Services for both Houses for postage.

Amend title and totals to conform.

Rep. TOAL explained the amendment.

Rep. TOAL asked unanimous consent to amend the amendment at the desk, which was agreed to.

The amendment was then adopted.

Rep. TAYLOR proposed the following Amendment No. 98 (Doc. No. 2772R), which was later tabled.

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

Amend the bill, as and if amended, by adding at the end of PART I, Section 3, on page 68:

/Provided, further that each committee and joint legislative committee funded in Sections 3I through 3K32 shall make an annual written report to the General Assembly and submit a copy to each member of the House of Representatives and the Senate./

Amend title to conform.

Rep. TAYLOR explained the amendment.

Rep. McABEE moved to adjourn debate upon the amendment, which was adopted.

Rep. LIMEHOUSE proposed the following Amendment No. 107, which was adopted.

Amend as and if amended.

By adding at the end of Part 1, Section 3 on Page 68:

/Provided, further, that each committee and joint legislative committee provide a list to the members of the General Assembly of all employees who hold dual positions of state employment.

Amend title to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. McABEE spoke in favor of the amendment.

The amendment was then adopted.

SECTION 3K6--AMENDED AND ADOPTED

Debate was resumed on Section 3K6.

AMENDMENT NO. 58--TABLED

Debate was resumed on Amendment No. 58 by Reps. LIMEHOUSE, FOXWORTH, et al.

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

Rep. KLAPMAN proposed the following Amendment No. 95 (Doc. No. 2764R), which was tabled.

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

Amend the bill, as and if amended, in PART I, Section 3K6, page 37, by inserting in columns 7 and 8 opposite /Unclassified Leg Misc Comm(PPT)/ as contained on lines 3, 4, and 5, the following:

(7)     (8)

/8,461     8,461

(1.00)     (1.00)/
Amend totals and title to conform.

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

Reps. T.M. BURRISS and KLAPMAN proposed the following Amendment No. 109 (Doc. No. 2783R), which was adopted.

Amend the bill, as and if amended, Part I, Section 3K6, page 37, by inserting on line 4 in columns 7 and 8 /8,215/ and inserting on line 5 in columns 7 and 8 /1/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. T.M. BURRISS explained the amendment.

The amendment was then adopted.

Rep. LOCKEMY proposed the following Amendment No. 108, which was tabled.

Amend as and if amended.

Add a SECTION 3K35, Page 64. /Joint Legislative Committee to study the fire ant problems in South Carolina Operating Funds $2,000/

Proviso Insert: 3 Members appointed by SPEAKER of the House; 3 members appointed by the PRESIDENT of the Senate.

Rep. LOCKEMY explained the amendment.

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

SECTION 3K25--REOPENED AND ADOPTED

On motion of Rep. CLEVELAND, with unanimous consent, Section 3K25 was reopened.

Rep. CLEVELAND proposed the following Amendment No. 105, which was tabled.

Amend as and if amended, Part I, Section 3K25, Jt. Leg. Comm. on Crime Study, Page 057, by inserting in columns (7) & (8):
/I.     Administration     (7)     (8)

Other Personal Service:

Per Diem     1,342     1,342

Other Operating Expenses:

Miscellaneous Operations     2,658     2,658/

Amend title and totals to conform.

Rep. CLEVELAND explained the amendment.

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

Section 3K25 was adopted.

AMENDMENT NO. 98--TABLED

Debate was resumed on Amendment No. 98 by Rep. TAYLOR.

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

Rep. TAYLOR proposed the following Amendment No. 111 (Doc. No. 2800R), which was adopted.

Reference is to Bill as introduced by the Ways and Means Committee.

Amend the bill, as and if amended, by adding at the end of Part I, SECTION 3, page 68:

/Provided, Further, That each committee and joint legislative committee funded in SECTIONS 3I through 3K32 shall make an annual written report which must be submitted to the clerks of each House of the General Assembly and printed in the journals./

Renumber sections to conform.

Amend totals and titles to conform.

Rep. TAYLOR explained the amendment.

The amendment was then adopted.

Section 3, as amended, was adopted.

SECTION 4--AMENDED AND ADOPTED

Ways and Means proposed the following Amendment No. 1 which was adopted.

Amend, as and if amended, Part I, Section 4, Judicial, page 75, line 37, by inserting in columns (7) and (8): $/195,000/.

Amend Further, page 76, line 4, by inserting in columns (7) and (8): $/1,433,431/.

Amend totals and title to conform.

Rep. McLELLAN explained the amendment.

The amendment was then adopted.

Reps. FOXWORTH, LIMEHOUSE and KAY proposed the following Amendment No. 64 (Doc. No. 2685R), which was tabled.

Amend the bill, as and if amended, Section 4, page 76, left-hand column, by deleting the provisos beginning on lines 37 and 39.

Amend further, Section 4, page 76, right-hand column, by deleting the proviso beginning on line 40.

Amend further, Section 4, page 77, left-hand column, by deleting the provisos beginning on lines 30 and 36.

Amend further, Section 4, page 77, right-hand column, by deleting the proviso beginning on line 9.

Amend sections to conform.

Amend totals and title to conform.

Rep. FOXWORTH explained the amendment.

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

Section 4 as amended was adopted.

STATEMENT FOR JOURNAL

I abstain from voting on the Judicial Section of the Appropriation Bill.
JEAN HARRIS

SECTION 5A

Section 5A was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5C

Reps. HEARN, DAY and MOSS proposed the following Amendment No. 36 (Doc. No. 2640R), which was adopted.

Amend the bill, as and if amended, Part I, SECTION 5C, page 83, line 12, by adding opposite /Contractual Services/ in column (7) /2,487,831/ and by adding in column (8) /1,195,860/.

Amend further by adding at the end of SECTION 5, left column, page 87:

/Provided, Further, That $195,225 of the sums appropriated for contractual services on line 12 of page 83 must be for the South Carolina Development Disabilities Case Coordination System./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HEARN explained the amendment.

The amendment was then adopted.

Section 5C, as amended, was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5--AMENDED AND ADOPTED

Reps. FOXWORTH, LIMEHOUSE and KAY proposed the following Amendment No. 63 (Doc. No. 2687R), which was tabled.

Amend the bill, as and if amended, Section 5, page 86, left-hand column, by deleting the provisos beginning on lines 19 and 24.

Amend sections to conform.

Amend totals and title to conform.

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

Rep. FERGUSON proposed the following Amendment No. 94 (Doc. No. 2758R), which was adopted.

Amend the bill, as and if amended, Section 5, page 86, right-hand column, by deleting the proviso beginning on line 32.

Renumber sections to conform.

Amend totals and title to conform.

Rep. FERGUSON explained the amendment.

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

Rep. McABEE spoke against the amendment.

Rep. FERGUSON spoke in favor of the amendment.

Rep. McABEE spoke against the amendment.

Rep. TOAL spoke in favor of the amendment.

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

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

Yeas 10; Nays 76

Those who voted in the affirmative are:

Arthur, J.             Brown, G.              Foxworth
Klapman                Koon                   Nettles
Phillips, O.           Shelton                Simpson
Taylor

Total--10

Those who voted in the negative are:

Alexander              Altman                 Anderson, S.
Aydlette               Bailey, G.             Bailey, K.
Barfield               Beasley                Blackwell
Boan                   Brown, H.              Brown, R.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Cooper
Cork                   Dangerfield            Davenport
Day                    Derrick                Edwards
Elliott                Faber                  Ferguson
Foster                 Freeman                Gentry
Gilbert                Gregory                Harris, P.
Hawkins                Hayes                  Hearn
Holt                   Huff                   Johnson, J.C.
Johnson, J.W.          Kay                    Kirsh
Lake                   Limehouse              Lockemy
Mangum                 Martin, L.             Mattos
McAbee                 McBride                McEachin
McKay                  McTeer                 Mitchell
Moss                   Neilson                Ogburn
Pearce                 Petty                  Phillips, L.
Rawl                   Rice                   Rogers, J.
Russell                Sharpe                 Sheheen
Snow                   Stoddard               Thrailkill
Toal                   Townsend               Tucker
Waldrop                Washington             White
Winstead

Total--76

So, the House refused to adjourn.

Rep. WASHINGTON spoke in favor of the amendment.

Rep. McABEE moved to table the amendment.

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

The House refused to table the amendment by a division vote of 65 to 14.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. T.M. BURRISS, J. ROGERS, FERGUSON, and WILKINS proposed the following Amendment No. 101 (Doc. No. 2761R), which was adopted.

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

Amend the bill, as and if amended, in PART I, SECTION 5 (GOVERNORS OFFICE), by deleting the proviso commencing on line 32, right hand column, page 86 through line 3, left hand column, page 87, and inserting:

/Provided, Further, That forty-five days after the passage of this act the Governor's Office shall submit to the Ways and Means Committee a detailed line item program budget. Programs enumerated shall include: Finance and Grants Management, Community and Economic Affairs, Employment and Training, Health and Human Services, Economic Opportunity, Education, Energy Policy, Natural Resources, Rural Improvements, Public Safety and Volunteer Services./

Amend totals and title to conform.

Rep. T.M. BURRISS explained the amendment.

Rep. TOAL asked unanimous consent to amend the amendment at the desk which was agreed to.

The amendment was then adopted.

Section 5 as amended was adopted.

SECTION 6

Section 6 was adopted.

SECTION 7

Section 7 was adopted.

SECTION 8

Section 8 was adopted.

SECTION 9--AMENDED AND ADOPTED

The Ways and Means Committee proposed the following Amendment No. 6, which was adopted.

Amend as and if amended, Part I, Section 9, State Treasurer's Office, p. 98, Insert new proviso at the end of the section:

Provided, Further, That decisions relating to the Statewide Accounting and Reporting System (STARS) which involve the State Treasurer's Banking Operations and other functions of the State Treasurer's Office shall require the approval of the State Treasurer.

Amend titles and totals to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Section 9 as amended was adopted.

SECTION 10--AMENDED AND ADOPTED

Reps. FOXWORTH, LIMEHOUSE and KAY proposed the following Amendment No. 62 (Doc. No. 2688R), which was tabled.

Amend the bill, as and if amended, Section 10, page 101, left-hand column, by deleting the provisos beginning on lines 21, 25, and 33.

Amend further, Section 10, page 101, right-hand column, by deleting the proviso beginning on line 16.

Amend further, Section 10, page 102, left-hand column, by deleting the proviso beginning on line 4.

Amend sections to conform.

Amend totals and title to conform.

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

POINT OF ORDER

Rep. SHARPE raised the Point of Order that the third and fourth provisos to Section 10 were not germane to the Appropriations Bill as they did not directly relate to a line item appropriation as provided for in Rule 5.3.

Rep. McABEE argued that the provisos were in the temporary provisions, not the permanent provisions, to which Rule 5.3 referred, and further argued that the provisos directly related to appropriations made.

The SPEAKER Pro Tempore overruled the Point of Order.

Rep. LIMEHOUSE proposed the following Amendment No. 130 (Doc. No. 2816R), which was tabled.

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

Amend the bill, as and if amended, in PART I, SECTION 10 (ATTORNEY GENERAL'S OFFICE), page 101, line 36, left hand column, by inserting after /him./ /The Attorney General shall, prior to December 31, 1987, make a report to the General Assembly indicating to whom the written approval has been granted and the amount of the fee that was paid./

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

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

Rep. LIMEHOUSE proposed the following Amendment No. 131 (Doc. No. 2818R), which was adopted.

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

Amend the bill, as and if amended, in PART I, SECTION 10 (ATTORNEY GENERAL'S OFFICE), page 102, by deleting the proviso on lines 27, 28, 29, and 30, right hand column.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

The amendment was then adopted.

Section 10 as amended was adopted.

Rep. O. PHILLIPS moved that the House do now adjourn, which was adopted.

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

MOTION NOTED

Rep. SCHWARTZ moved to reconsider the vote whereby 3K1, 3K2, 3K3, 3K4, 3K5, 3K6, 3K7, 3K8, 3K9, 3K10, 3K11, 3K12, 3K13, 3K14, 3K15, 3K16, 3K17, 3K18, 3K19, 3K20, 3K21, 3K22, 3K23, 3K24, 3K25, 3K26, 3K27, 3K28, 3K29, 3K30, 3K31, 3K32, 3K33, 3K34, 3, 4, 5A, 5B, 5C, 5D, 5, 6, 7, 8, 9, and 10 were adopted and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

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

H. 3633 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE MR. ROGER MCKENZIE, EDITOR OF THE LEE COUNTY OBSERVER, FOR RECEIVING TWO WRITING AWARDS AT THE SOUTH CAROLINA PRESS ASSOCIATION'S ANNUAL WINTER MEETING HELD IN CHARLESTON.

H. 3639 -- Rep. Schwartz: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MIKE JARRETT AND HIS FAMILY UPON THE DEATH OF HIS MOTHER, MRS. MAKA JONES JARRETT OF NEWBERRY COUNTY.

ADJOURNMENT

At 5:15 P.M. the House in accordance with the motion of Rep. O. PHILLIPS adjourned to meet at 10:00 A.M. tomorrow.

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