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:
Almighty and eternal God, we pause in the midst of demanding duties and pressing problems to show our dependence upon You, to render our praise for Your blessings, and to open our hearts that light from above may shine upon our paths and illumine the road that we shall walk. When the way is difficult and the outcome is uncertain, give us the assurance that Your help is adequate for every situation. Keep open our ears to hear Your voice recorded in Isaiah 41:10: "Fear not, I am with you; be not dismayed, I am your God; I will strengthen you; yea I will uphold you with the right hand of my righteousness".
We pray in the Name of Him Who is the Source of all wisdom and power. 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. WHITE.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
March 18, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 659)
Dear Mrs. Shealy:
The State Board of Education is hereby withdrawing regulations pertaining to Policies and Procedures Utilized by the State Board of Education in the Approval of Teacher Education Programs Offered by Colleges and Universities in South Carolina, effective March 14, 1986. These regulations have been submitted to the Education and Public Works Committee.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
The following were received.
March 18, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 695)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 14, 1986 regulations concerning Academic Requirements for Adding Additional Instructional Areas of Certification from the Department of Education.
They are hereby referred to the Committee on Education and Public Works for consideration.
Sincerely,
Ramon Schwartz, Jr.
March 18, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 696)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 14, 1986 regulations concerning Academic Requirements for Each Area of Initial Certification from the Department of Education.
They are hereby referred to the Committee on Education and Public Works for consideration.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
The following was received.
Columbia, S. C., March 18, 1986
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. 870:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 29
Received as information.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 731 -- Senator E. Patterson: A BILL TO AMEND SECTION 59-63-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINGERPRINTING OF PUBLIC SCHOOL STUDENTS, SO AS TO DELETE PROVISIONS RELATING TO SCHOOL BOARD CONTROL OF FINGERPRINT RECORDS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3657 -- Rep. J. Anderson: A HOUSE RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ADOPT THE HUMAN LIFE AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was taken up for immediate consideration:
H. 3658 -- Reps. Altman, Dangerfield, Klapman, Sheheen, Schwartz, Helmly, Rawl, Griffin, Pearce, McBride, M.D. Burriss, R. Brown, McKay, Kohn, K. Bailey, Carnell, Cooper, H. Brown, Rhoad, Holt, Faber, Hayes, Cork, Mangum, Kay, Gilbert, Blackwell,Mattos, Rice, Shelton, Alexander, J. Harris, Hearn, Huff, Bennett, Townsend, Sharpe, Jones, Davenport, Woodruff, McTeer, Petty, Sturkie, Neilson, Thrailkill, Lockemy, Williams, B.L. Hendricks, Day, O. Phillips, D. Martin, L. Phillips, G. Bailey, Lake, McEachin, G. Brown, Chamblee, S. Anderson, J. Arthur, Nettles, Barfield, Harvin, J. Anderson, L. Martin, Elliott, Snow, J.H. Burriss, McLeod, Waldrop, Cleveland, T.M. Burriss, Wilkins, Stoddard, J. Rogers and Ogburn: A HOUSE RESOLUTION TO EXPRESS THE CONCERN OF THE HOUSE WITH REGARD TO THE RESIGNATION OF CHIEF HIGHWAY COMMISSIONER WALKER P. RAGIN AND HOPE THAT HE WILL RECONSIDER AND CONTINUE IN THE POSITION.
Whereas, Walker P. Ragin, during his association with the Department of Highways and Public Transportation and as Chief Highway Commissioner has conducted himself in a dignified and exemplary manner; and
Whereas, his personal conduct and demeanor are above reproach and his honesty and integrity are without question and these salubrious characteristics have been impressed upon the operation and personnel of the Department; and
Whereas, in spite of the pressure of the position, Commissioner Ragin has remained true to his conception of fairness and equity and the membership of the House cannot do less in its treatment of him. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives express their concern with regard to the resignation of Chief Highway Commissioner Walker P. Ragin and hope that he will reconsider and continue in the position.
Be it further resolved that a copy of this resolution be forwarded to Mr. Ragin.
The Resolution was adopted.
The following was introduced:
H. 3659 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF DAVID CUTTINO MELLETTE OF SUMTER COUNTY UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1133 -- Senator Long: A CONCURRENT RESOLUTION TO CONGRATULATE MASTER SERGEANT SANFORD L. HOBBS OF DURHAM, NORTH CAROLINA, ASSIGNED TO THE 354TH COMBAT SUPPORT GROUP, ON BEING NAMED SENIOR NCO OF THE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1134 -- Senator Long: A CONCURRENT RESOLUTION TO CONGRATULATE TECHNICAL SERGEANT DEBRA S. PHILLIPS OF LEVITTOWN, PENNSYLVANIA, ASSIGNED TO THE 354TH COMBAT SUPPORT GROUP, ON BEING NAMED NCO OF THE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1135 -- Senator Long: A CONCURRENT RESOLUTION TO CONGRATULATE SENIOR AIRMAN THOMAS ESHLEMAN OF DOWINGTOWN, PENNSYLVANIA, ASSIGNED TO THE 354TH COMBAT SUPPORT GROUP, ON BEING NAMED SENIOR AIRMAN OF THE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1136 -- Senator Long: A CONCURRENT RESOLUTION TO CONGRATULATE CAPTAIN ERIC C. MURDOCK OF CHARLOTTE, NORTH CAROLINA, ASSIGNED TO THE 354TH COMBAT SUPPORT GROUP, ON BEING NAMED COMPANY GRADE OFFICER OF THE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3660 -- Rep. J. Anderson: A BILL TO AMEND SECTION 23-31-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE ISSUANCE OF PERMITS TO CARRY A PISTOL, SO AS TO REQUIRE THE APPLICANT FOR A PERMIT TO SUBMIT A SET OF FINGERPRINTS TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION.
Referred to Committee on Judiciary.
H. 3661 -- Rep. J. Anderson: A BILL TO AMEND SECTION 23-31-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PERSONS TO SELL PISTOLS AT RETAIL AS DEALERS, SO AS TO REQUIRE AS A PREREQUISITE FOR ISSUANCE OF A LICENSE THAT THE APPLICANT HAVE A CURRENT FEDERAL FIREARMS LICENSE AND MAINTAIN THE FEDERAL LICENSE TO CONTINUE TO HOLD HIS STATE DEALER'S LICENSE.
Referred to Committee on Judiciary.
H. 3662 -- Rep. Cleveland: A BILL TO AMEND ARTICLE 9, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE PROVISIONS OF LAW REQUIRING HUNTING AND FISHING LICENSES BY ADDING SECTION 50-9-870 SO AS TO PROVIDE THAT A PERSON WHO IS HUNTING ON LANDS OWNED IN FULL OR IN PART BY HIM IS NOT REQUIRED TO HAVE A LICENSE WHEN UNDERTAKING THIS ACTIVITY.
Rep. CLEVELAND asked unanimous consent to have the Bill placed on the calendar without reference. Rep. McTEER objected.
Referred to Committee on Agriculture and Natural Resources.
H. 3663 -- Rep. Cleveland: A BILL TO AMEND SECTION 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT NO CHILD UNDER FOURTEEN YEARS OF AGE IS REQUIRED TO PROCURE A HUNTING OR FISHING LICENSE SO AS TO RAISE THIS AGE TO EIGHTEEN.
Referred to Committee on Agriculture and Natural Resources.
H. 3664 -- Rep. Cleveland: A BILL TO AMEND ARTICLE 9, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE PROVISIONS OF LAW REQUIRING HUNTING AND FISHING LICENSES BY ADDING SECTION 50-9-880 SO AS TO PROVIDE THAT A NONRESIDENT OF THIS STATE WHO IS RELATED TO A RESIDENT IN AT LEAST THE SECOND DEGREE IS NOT REQUIRED TO PROCURE A NONRESIDENT HUNTER'S LICENSE IN ORDER TO HUNT IN THIS STATE WHEN VISITING WITH THIS RELATIVE, UNDER CERTAIN CONDITIONS.
Referred to Committee on Agriculture and Natural Resources.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Beasley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Elliott Faber Felder Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Hendricks, B. Hendricks, L. Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Kohn Koon Lake Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLeod McTeer Mitchell Neilson Nettles Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on March 18, 1986.
Timothy Brett Mike Fair William H. Jones Dave C. Waldrop, Jr. Thomas E. Huff Palmer Freeman, Jr. Sterling Anderson Joe F. Anderson, Jr. E. Crosby Lewis Tom G. Woodruff, Jr. Parker Evatt Rick Rigdon Donna Moss Derial Ogburn T.W. Edwards, Jr. Tom Marchant Larry E. Gentry Paul Short Alex Harvin, III Charles L. Griffin III
STATEMENTS OF ATTENDANCE
Reps. HARVIN, LEWIS and WHITE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 18, 1986.
Reps. HARVIN and HOLT signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, March 13, 1986.
Reps. HARVIN and RUSSELL signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, March 12, 1986.
The SPEAKER granted Rep. MARCHANT a temporary leave of absence.
Announcement was made that William P. Kay, Jr. of Belton, is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 5, Rep. LOCKEMY having the floor.
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.
Debate was resumed on Amendment No. 5, which was introduced on Tuesday, March 18, by Reps. LOCKEMY and SCHWARTZ.
Rep. LOCKEMY continued speaking.
The SPEAKER granted Rep. STODDARD a temporary leave of absence to attend a Highway Commission Meeting.
Rep. SHARPE asked unanimous consent that the time of the speaker be extended 2 minutes, which was agreed to.
Rep. LOCKEMY continued speaking.
Rep. SCHWARTZ spoke in favor of the amendment.
Rep. FOSTER spoke against the amendment.
Rep. FOSTER continued speaking.
The question then recurred to the adoption of the amendment.
Rep. GORDON demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 50 to 11.
Rep. SHARPE proposed the following Amendment No. 6, which was adopted.
Amend as and if amended.
Upon successful completion of an approved in Service training program directed by the medical control physician who evaluates the skills of the emergency medical technician, the written exam may be waived.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 1, which was introduced on Wednesday, March 12, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. LOCKEMY moved to table the amendment which was agreed to.
Debate was resumed on Amendment No. 3, which was introduced on Thursday, March 13, by Reps. LOCKEMY and HARVIN.
Rep. LOCKEMY explained the amendment.
Rep. L. MARTIN moved to table the amendment.
Rep. LOCKEMY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Arthur, J. Arthur, W. Barfield Bennett Boan Brown, G. Burriss, J.H. Burriss, M.D. Chamblee Cooper Cork Dangerfield Day Freeman Gordon Harris, J. Harris, P. Hearn Helmly Hendricks, B. Hendricks, L. Holt Johnson, J.C. Johnson, J.W. Kay Kirsh Lake Lewis Mangum Martin, L. McEachin McTeer Phillips, O. Simpson Thrailkill Townsend Tucker Washington White Williams
Those who voted in the negative are:
Alexander Bailey, G. Bailey, K. Beasley Blackwell Bradley, P. Brown, J. Davenport Fair Ferguson Foster Foxworth Gilbert Hawkins Hayes Koon Limehouse Lockemy Mattos Mitchell Petty Phillips, L. Rice Rogers, T. Russell Sharpe Sheheen Shelton Waldrop
So, the amendment was tabled.
Reps. FOSTER and HAYES objected to the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2607 -- Rep. Davenport: A BILL TO AMEND SECTION 59-63-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINGERPRINTING OF SCHOOL PUPILS SO AS TO PROVIDE THAT FINGERPRINTS MAY BE MADE PART OF THE PUPILS PERMANENT SCHOOL RECORD ONLY IF REQUESTED IN WRITING BY HIS PARENTS OR GUARDIANS, TO PROVIDE FOR THEIR TRANSFER TO THE PARENTS OR GUARDIANS IF NOT SO REQUESTED.
Rep. DAVENPORT moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.
Rep. BLACKWELL moved to adjourn debate upon the following Joint Resolution, 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.
The following Bill was taken up.
H. 3142 -- Reps. Hayes, S. Anderson, Lockemy, McAbee, McKay and Rawl: A BILL TO AMEND SECTION 56-3-1820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO AUTHORIZE THEIR ISSUANCE FOR RETIRED MEMBERS.
Rep. L. PHILLIPS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3621 -- Reps. Wilkins, P. Bradley, Blackwell, Rice, Mattos, Alexander, Fair, Brett, L. Phillips and Shelton: A BILL TO PROVIDE FOR THE FILLING OF A VACANCY ON THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY.
S. 1110 -- Senators Leventis and Moore: A BILL TO AMEND ACT 189 OF 1985, RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO CHANGE THE EFFECTIVE DATE OF THAT ACT.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 3621 be read the third time tomorrow.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
H. 3550 -- THE GENERAL APPROPRIATIONS BILL.
Rep. LIMEHOUSE spoke upon the Section.
Rep. McTEER proposed the following Amendment No. 186, which was adopted.
Amend as and if amended, by striking in Section 126, page 769, the right-hand column, the proviso on lines 22-25.
Amend Title to Conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Rep. TAYLOR proposed the following Amendment No. 73 (Doc. No. 2705R):
Amend the bill, as and if amended, Part I, Section 126, Department of Highways & Public Transportation, page 770, right-hand column, by adding at the end:
/Provided, Further, That notwithstanding any other provision of law, ten percent of all state highway construction funds, including "C" funds, appropriated by the General Assembly must be set aside for any contracts awarded to "disadvantaged business enterprises", which includes business enterprises involving blacks, Hispanics, women, and other minorities./
Amend totals and title to conform.
Rep. WASHINGTON explained the amendment.
Rep. WASHINGTON asked unanimous consent to amend the amendment at the desk, which was agreed to.
Rep. P. BRADLEY asked unanimous consent that the time of the speaker be extended two minutes, which was agreed to.
Rep. WASHINGTON continued speaking.
Rep. TOWNSEND spoke against the amendment.
Rep. WILLIAMS spoke in favor of the amendment.
Rep. WASHINGTON moved to adjourn debate upon the amendment, which was adopted.
Reps. TOAL and WHITE proposed the following Amendment No. 266, which was adopted.
Amend as and if amended, Part I, Section 126, at page 769, right hand column by striking the words "ninety percent" appearing at lines 2, 3 and 9, and substituting therefor the words "a majority". Provided further, if the Legislative Delegation consists of two persons, 50 percent.
Amend Title 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.
Debate was resumed on Amendment No. 73 by Rep. TAYLOR.
Rep. McABEE moved to table the amendment.
Rep. WASHINGTON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Blackwell Boan Bradley, P. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Cooper Cork Davenport Derrick Evatt Fair Hawkins Hayes Hearn Hendricks, B. Kirsh Klapman Mangum McAbee McEachin Simpson Sturkie Thrailkill Townsend Woodruff
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Bailey, K. Beasley Bennett Bradley, J. Brown, G. Brown, J. Brown, R. Cleveland Dangerfield Day Elliott Faber Ferguson Foster Gilbert Harris, J. Helmly Holt Johnson, J.C. Johnson, J.W. Keyserling Lake Lewis Lockemy Martin, D. Martin, L. Mattos McBride McKay McTeer Mitchell Neilson Ogburn Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Shelton Toal Washington White Williams Winstead
So the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
I did not vote on Amendment No. 73 to H. 3550 because I currently represent a general contractor in a disputed award concerning minority business participation.
Rep. ROBERT J. SHEHEEN
Section 126 as amended was adopted.
Section 129 was adopted.
Rep. TOAL proposed the following Amendment No. 252, which was rejected.
Amend as and if amended, Part I, Section 130 (3) at lines 38 and 39 by striking the words "the Budget and Control Board," "and the Joint Appropriation Review Committee, and".
Amend Title to Conform.
Rep. TOAL explained the amendment.
Rep. McABEE spoke against the amendment and moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 30 to 39.
Rep. P. HARRIS spoke against the amendment.
The question then recurred to the adoption of the amendment, which was rejected by a division vote of 26 to 37.
Rep. SHEHEEN raised the Point of Order that Section 130, subsection (3) was not germane to the Appropriation Bill and should be stricken.
Rep. McABEE argued that the section deals with fees of colleges and universities and was therefore germane.
Rep. SHEHEEN stated that student fees were collected outside of the Appropriation process, and were not part of the Bill.
Rep. McABEE stated that student fees were included in the total funds figures, not the general funds figures, but were included in the Bill.
Rep. SHEHEEN cited Rule 5.3, second paragraph, and stated that the proviso in Section 130 did not refer directly to a line item, and was therefore out of order.
Rep. McABEE pointed out in the University of South Carolina section, the total funds included on page 238, line 14, were an appropriation and the amount included student fees.
The SPEAKER Pro Tempore stated he would research the point and render a ruling later.
The SPEAKER Pro Tempore granted Rep. BLACKWELL a temporary leave of absence for the purpose of honoring a speaking engagement.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Section 130.
At 12:00 Noon, the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 1097 -- Senators Thomas E. Smith, Jr., Martin, Lourie, McConnell, Holland, Hayes and Applegate: A CONCURRENT RESOLUTION TO FIX TWELVE NOON ON WEDNESDAY, MARCH 19, 1986, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE GEORGE T. GREGORY, JR., ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1986; SUCCESSORS TO THE FOLLOWING CIRCUIT COURT JUDGES: THE HONORABLE JOHN HAMILTON SMITH, JUDGE OF THE FIRST JUDICIAL CIRCUIT, THE HONORABLE RODNEY A. PEEPLES, JUDGE OF THE SECOND JUDICIAL CIRCUIT, THE HONORABLE DAN F. LANEY, JR., JUDGE OF THE THIRD JUDICIAL CIRCUIT, THE HONORABLE ANTHONY HARRIS, JUDGE OF THE FOURTH JUDICIAL CIRCUIT, THE HONORABLE DON S. RUSHING, JUDGE OF THE SIXTH JUDICIAL CIRCUIT, THE HONORABLE THOMAS L. HUGHSTON, JR., JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, THE HONORABLE WILLIAM B. TRAXLER, JR., JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, THE HONORABLE SIDNEY THOMAS FLOYD, JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, THE HONORABLE ROBERT LAWRENCE MCFADDIN, JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT; A SUCCESSOR TO THE HONORABLE FOX B. CAHALY, JUDGE OF THE FAMILY COURT SEAT 3, TENTH JUDICIAL CIRCUIT FOR THE UNEXPIRED PORTION OF HIS TERM WHICH ENDS FEBRUARY 29, 1989 AND SUCCESSORS TO MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE STATE AT LARGE.
The President announced that nominations were in order for an Associate Justice of the Supreme Court.
Senator Thomas E. Smith, on behalf of the Joint Screening Committee, nominated the Honorable George T. Gregory, Jr. of Chester.
On motion of Senator Thomas E. Smith, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that the Honorable George T. Gregory, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for Circuit Court Judges.
Senator Thomas E. Smith on behalf of the Joint Screening Committee nominated the Honorable John Hamilton Smith of Summerville.
On motion of Senator Thomas E. Smith, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable John Hamilton Smith of Summerville was duly elected for the term prescribed by law.
Senator Thomas E. Smith, on behalf of the Joint Screening Committee nominated the Honorable Rodney A. Peeples of Barnwell.
On motion of Senator Thomas E. Smith, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Rodney A. Peeples of Barnwell was duly elected for the term prescribed by law.
Senator Thomas E. Smith, on behalf of the Joint Screening Committee nominated the Honorable Dan F. Laney, Jr. of Bishopville.
On motion of Senator Thomas E. Smith, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Dan F. Laney, Jr. of Bishopville was duly elected for the term prescribed by law.
Senator Thomas E. Smith, on behalf of the Joint Screening Committee nominated the Honorable C. Anthony Harris of Cheraw.
On motion of Senator Thomas E. Smith, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable C. Anthony Harris of Cheraw was duly elected for the term prescribed by law.
Senator Thomas E. Smith, on behalf of the Joint Screening Committee nominated the Honorable Don S. Rushing of Lancaster.
On motion of Senator Thomas E. Smith, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Don S. Rushing of Lancaster was duly elected for the term prescribed by law.
Senator Thomas E. Smith, on behalf of the Joint Screening Committee nominated the Honorable Thomas L. Hughston, Jr. of Greenwood.
On motion of Senator Thomas E. Smith, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Thomas L. Hughston, Jr. of Greenwood was duly elected for the term prescribed by law.
Senator Thomas E. Smith, on behalf of the Joint Screening Committee nominated the Honorable William B. Traxler, Jr. of Greenville.
On motion of Senator Thomas E. Smith, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable William B. Traxler, Jr. of Greenville was duly elected for the term prescribed by law.
Senator Thomas E. Smith, on behalf of the Joint Screening Committee nominated the Honorable Sidney Thomas Floyd of Conway.
Reps. Thrailkill, Pearce, Barfield, and Elliott, on behalf of the Horry Delegation, seconded the nomination of the Honorable Sidney T. Floyd.
On motion of Senator Thomas E. Smith, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Sidney Thomas Floyd of Conway was duly elected for the term prescribed by law.
Senator Thomas E. Smith, on behalf of the Joint Screening Committee nominated the Honorable Robert Lawrence McFadden of Rock Hill.
On motion of Senator Thomas E. Smith, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Robert Lawrence McFadden of Rock Hill was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge for the Tenth Judicial Circuit, Seat No. 3.
Senator Garrison nominated H. Dean Hall of Anderson as follows:
"Mr. President, Speaker of the House, ladies and gentlemen of the Joint Assembly and friends, I am honored today to nominate Dean Hall for the 10th Judicial Circuit, Seat Number 3, which was vacated by the recent death of Judge Cahaly. I'm going to make this very short and to the point, because Dean has worked real hard for this position. He's contacted and shook hands with most of you, and you have read his resume, so I'll just read a few of the highlights of his resume.
He attended Anderson Public Schools, and his family published the Anderson Independent and the Daily Mail in Anderson for many years. He came down to the University of South Carolina to receive his undergraduate degree, then he got his law degree from the University, and he's been practicing general law in Anderson since that time. His greatest credit, or claim to fame, probably would be his wife. He married Lily Roland Hall, who was the first elected member of the Board of Trustees of the University of South Carolina.
I've known Dean for many years, and I know that he'll be an honorable, fair and just judge. Thank you for your support."
Rep. J. ANDERSON, on behalf of the Edgefield Delegation; Rep. P. HARRIS, on behalf of the Anderson Delegation seconded the nomination of Mr. Hall.
On motion of Senator Thomas E. Smith, Jr., nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Mr. H. Dean Hall was duly elected for the term prescribed by law.
Senator Holland, on behalf of the Joint Legislative Committee to Review Candidates for the South Carolina Public Service Commission, nominated the following candidates:
FIRST DISTRICT SECOND DISTRICT
Mrs. Marjorie Amos-Frazier Mr. Thomas C. Church
Mr. Thomas F. Fressilli Mr. Henry G. Yonce
THIRD DISTRICT FOURTH DISTRICT
Mr. Guy Butler Mr. Fred A. Fuller, Jr.
Mr. William H. Carr Mr. John E. Bartus
Mrs. Linda C. Garner
FIFTH DISTRICT SIXTH DISTRICT
Mr. Cecil A. Bowers Mrs. Caroline H. Maass
Mr. Donald W. Stewart Mr. E. Flynn Menius, Jr.
AT-LARGE
Mr. Aaron A. Brown
Mr. John M. Lawson
Mr. Rudolph Mitchell
Senator Holland withdrew Mr. William H. Carr as a candidate for the Third Congressional District.
Rep. J.W. JOHNSON withdrew Mr. Donald W. Stewart as a candidate for the Fifth Congressional District.
Senator Saleeby withdrew Mr. E. Flynn Menius, Jr. as a candidate for the Sixth Congressional District.
Rep. WASHINGTON withdrew Mr. Aaron A. Brown as a candidate for the At-Large Congressional District.
Senator Theodore withdrew Mrs. Linda C. Garner as a candidate for the Fourth Congressional District.
Rep. T. ROGERS withdrew Mr. John M. Lawson as a candidate for the At-Large Congressional District.
On motion of Rep. SHEHEEN, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon the President announced that Mr. Guy Butler, Third Congressional District; Mr. Cecil A. Bowers, Fifth Congressional District; Mrs. Caroline H. Maass, Sixth Congressional District; and Mr. Rudolph Mitchell, At-Large Congressional District were duly elected for the term prescribed by law.
On behalf of the Saluda County Legislative Delegation, I would like to second the nomination of the Honorable Rudolph Mitchell of Saluda County for re-election to the South Carolina Public Service Commission.
Rep. LARRY E. GENTRY
The President appointed as tellers on the part of the Senate: Senators Applegate, Fielding and McConnell.
The SPEAKER Pro Tempore appointed as tellers on the part of the House: Reps. DANGERFIELD, D. MARTIN and WINSTEAD.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mrs. Frazier.
Applegate Branton Bryan Courson Dennis Doar Fielding Garrison Giese Hayes Hinson Holland Land Lee Lindsay Long Macaulay Martin Matthews McConnell McGill McLeod Mitchell Moore Patterson, K. Peeler Pope Powell Ravenel Saleeby Shealy Smith, H.C. Smith, J.V. Smith, T.E., Jr. Theodore Waddell Williams Wilson
The following named Senators voted for Mr. Fressilli.
On motion of Representative TOAL, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mrs. Frazier.
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Bailey, G. Bailey, K. Barfield Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Ferguson Foster Foxworth Freeman Gilbert Gordon Gregory Harris, J. Harris, P. Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Klapman Kohn Koon Lake Lewis Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rigdon Rogers, T. Russell Sheheen Shelton Snow Sturkie Taylor Thrailkill Toal Townsend Waldrop Washington White Wilkins Williams Winstead Woodruff
The following named Representatives voted for Mr. Fressilli.
RECAPITULATION
Total Number of Senators voting 38
Total Number of Representatives voting 101
Grand Total 139
Necessary to a choice 70
Of which Mrs. Frazier received 138
Of which Mr. Fressilli received 1
Whereupon the President announced that Mrs. Marjorie Amos-Frazier having received a majority of the votes cast was duly elected for the term prescribed by law.
The President appointed as tellers on the part of the Senate: Senators Giese, Shealy and Matthews.
The SPEAKER Pro Tempore appointed as tellers on the part of the House: Reps. KLAPMAN, FABER and RHOAD.
The following named Senators voted for Mr. Church.
The following named Senators voted for Mr. Yonce.
Applegate Branton Bryan Courson Dennis Doar Fielding Garrison Giese Hayes Hinson Holland Land Lee Leventis Lindsay Long Macaulay Martin Matthews McConnell McGill McLeod Moore Patterson, K. Peeler Pope Powell Saleeby Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E., Jr. Theodore Waddell Williams Wilson
On motion of Rep. TOAL, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Church.
Davenport Keyserling Klapman Koon Sturkie
The following named Representatives voted for Mr. Yonce.
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Boan Bradley, J. Bradley, P. Brett Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Dangerfield Day Derrick Edwards Elliott Evatt Faber Fair Ferguson Foster Foxworth Freeman Gilbert Gordon Gregory Harris, J. Harris, P. Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.W. Jones Kay Lake Lewis Limehouse Lockemy Mangum Marchant Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, T. Russell Sharpe Sheheen Shelton Snow Taylor Thrailkill Toal Townsend Waldrop Washington White Wilkins Williams Winstead Woodruff
RECAPITULATION
Total Number of Senators voting 38
Total Number of Representatives voting 99
Grand Total 137
Necessary to a choice 69
Of which Mr. Church received 6
Of which Mr. Yonce received 131
Whereupon the President announced that Mr. Henry G. Yonce having received a majority of the votes cast was duly elected for the term prescribed by law.
The President appointed as tellers on the part of the Senate: Senators Mitchell, Theodore and Lee.
The SPEAKER Pro Tempore appointed as tellers on the part of the House: Reps. MATTOS, SHELTON and DAVENPORT.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Fuller.
Applegate Branton Bryan Dennis Doar Fielding Garrison Giese Hayes Hinson Holland Land Lee Lindsay Long Macaulay Martin Matthews McConnell McGill McLeod Mitchell Moore Patterson, K. Peeler Pope Powell Saleeby Shealy Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E., Jr. Theodore Waddell Wilson
The following named Senators voted for Mr. Bartus.
On motion of Rep. TOAL, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Fuller.
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Bailey, G. Bailey, K. Barfield Beasley Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Carnell Cleveland Cooper Cork Dangerfield Day Derrick Edwards Elliott Evatt Faber Fair Ferguson Foster Foxworth Freeman Gilbert Gregory Harris, J. Harris, P. Hayes Hearn Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Koon Lake Lewis Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rigdon Rogers, T. Russell Sheheen Shelton Short Snow Sturkie Thrailkill Toal Townsend Waldrop Washington White Wilkins Williams Winstead Woodruff
The following named Representatives voted for Mr. Bartus.
Aydlette Chamblee Davenport Marchant
RECAPITULATION
Total Number of Senators voting 37
Total Number of Representatives voting 97
Grand Total 134
Necessary to a choice 68
Of which Mr. Fuller received 129
Of which Mr. Bartus received 5
Whereupon the President announced that Mr. Fred A. Fuller, Jr. having received a majority of the votes cast was duly elected for the term prescribed by law.
When the elections of the Circuit Judges were held and the election of the Public Service Commissioners were held, I was out of the State House on an urgent problem which needed my immediate attention. Unfortunately, I returned to the Chamber after the vote was taken. Had I been present, I would have voted for the candidates elected for the respective Judge positions and Public Service Commissioners.
Rep. JOHN G. FELDER
I wish to record my opposition to the vote in which the Associate Justice of the Supreme Court, Circuit Court Judges and Family Court Judge were elected by acclamation.
I do not support any appointments or elections in which the public has no direct voice and/or mechanism to effect a change in these positions.
Rep. G. RALPH DAVENPORT, JR.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:55 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The SPEAKER Pro Tempore stated that he had researched Rep. SHEHEEN's Point of Order relative to Section 130, subsection (3), and overruled the Point of Order, in that the Section in question related to funds included in the Bill as other funds, and was therefore germane.
Rep. SHEHEEN moved that the House recede until 2:30 which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Section 130.
H. 3550--The General Appropriations Bill
Rep. M.D. BURRISS proposed the following Amendment No. 273, which was tabled.
Amend as and if amended.
Part I Section 130 (3) on line 35, left hand column, after the word "Fee", insert "Except Foreign Student Tuitions will be double the out of state Student Tuition."
Rep. M.D. BURRISS explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment.
Rep. M.D. BURRISS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 40 to 26.
Section 130 was adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 78 (Doc. No. 2709R).
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, in PART I, SEC. 131, page 779, by inserting after /Trustees./ on line 24, right hand column, /Funds of State Institutions of Higher Learning derived wholly from atheletic or other student contests, from the activities of student organizations, from the operation of canteens and bookstores, and from approved Private Practice plans are public funds. The expenditure of these funds, indicating the amount and on what the funds were spent, must be reported by each institution to the General Assembly prior to January 31, 1987./; and by deleting on lines 25, 26, 27, and 28 /but the provisions of this Act concerning unclassified personnel compensation, travel, equipment purchases and other purchasing regulations shall not apply to the use of these funds/.
Amend totals and title to conform.
Rep. SIMPSON moved to adjourn debate upon the amendment, which was adopted.
Rep. SIMPSON moved to adjourn debate upon the Section, which was rejected.
Debate was resumed on Amendment No. 78 by Rep. LIMEHOUSE.
Rep. McABEE spoke against the amendment.
Rep. WINSTEAD raised the Point of Order that the amendment was not germane as it dealt with athletic funds.
The SPEAKER Pro Tempore overruled the Point of Order.
Rep. MANGUM moved to table the amendment which was agreed to by a division vote of 56 to 8.
Section 131 was adopted.
Section 132 was adopted.
Section 133 was adopted.
Section 134 was adopted.
Section 135 was adopted.
Section 136 was adopted.
Section 137 was adopted.
Section 138 was adopted.
Section 139 was adopted.
Reps. McABEE and EVATT proposed the following Amendment No. 112, which was adopted.
Amend, as and if amended, Part I, Section 140J, page 783, right-hand column, line 18, by striking "20.5 cents" and inserting "21 cents".
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Section 140 as amended was adopted.
Section 141 was adopted.
Section 142 was adopted.
Rep. McABEE explained the Section.
Section 143 was adopted.
Rep. TOAL proposed the following Amendment No. 278, which was adopted.
Amend as and if amended.
Part I, Section 144, at p. 785 left hand column, lines 12-14 by deleting the words "an amount determined by the Joint Bond Review Committee and the B&CB" and inserting $25,000.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Section 144 as amended was adopted.
Section 145 was adopted.
Section 146 was adopted.
Section 147 was adopted.
Rep. McABEE explained the Section.
Section 148 was adopted.
Section 149 was adopted.
Section 150 was adopted.
Section 151 was adopted.
Section 152 was adopted.
Section 153 was adopted.
Section 154 was adopted.
Rep. LOCKEMY proposed the following Amendment No. 239 (Doc. No. 2981R), which was adopted.
Amend the bill, as and if amended, in Part I, Section 155, page 788, left column, by striking lines 11 through 15 and inserting:
/Provided, However, That for the purpose of interpreting this section, employees of the Medical University of South Carolina and individuals serving an internship or residency as an academic requirement or employees who are not full-time state employees and who are not performing duties as state employees are not considered state employees./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOCKEMY explained the amendment.
Rep. McABEE spoke against the amendment.
The amendment was then adopted.
Section 155 as amended was adopted.
Rep. McABEE explained the Section.
Section 156 was adopted.
Rep. McABEE explained the Section.
Section 157 was adopted.
Section 158 was adopted.
Section 159 was adopted.
Section 160 was adopted.
Section 161 was adopted.
Section 162 was adopted.
Section 163 was adopted.
Section 164 was adopted.
Section 165 was adopted.
Section 166 was adopted.
Section 167 was adopted.
Section 168 was adopted.
Section 169 was adopted.
Section 170 was adopted.
Rep. McABEE explained the Section.
Section 171 was adopted.
Section 172 was adopted.
Section 173 was adopted.
Rep. KOON proposed the following Amendment No. 230 (Doc. No. 2937R), which was adopted.
Amend the bill, as and if amended, Part I, by adding at the end an appropriately numbered section to read:
/SECTION 174 The Budget and Control Board shall investigate the feasibility of allowing State employees to use doctors, hospitals, and dentists and other health care providers who have contracted with the State's administrator for reduced costs in return for a dedicated interest in the State making a commitment to refer its employees to the Preferred Providers organization. The Board shall mail a report of the investigation to each member of the General Assembly no later than October 15, 1986. This section in no way mandates an acceptance of the report by the General Assembly./
Renumber sections to conform.
Amend title to conform.
Rep. KOON explained the amendment.
The amendment was then adopted.
Reps. KOON and RHOAD proposed the following Amendment No. 243 (Doc. No. 3001R), which was tabled.
Reference is to the bill as introduced by the Ways and Means Committee.
Amend the bill, as and if amended, by adding at the end of Part I an appropriately numbered SECTION to read:
/SEC. __. A. For the 1986-87 fiscal year only, the license fees provided in the following sections of the 1976 Code are as follows:
Section 50-9-10. (the combination hunting and fishing license) twenty-two dollars and fifty cents.
Section 50-9-15. (sportsman license) forty-eight dollars and fifty cents.
Section 50-9-120. 1. (resident statewide hunting license) sixteen dollars and fifty cents.
2. (county hunting license) nine dollars and fifty cents.
Section 50-9-130. 1. (nonresident statewide hunting license) seventy-five dollars and seventy-five cents.
2. (ten-day temporary nonresident hunting license) thirty-seven dollars.
3. (three-day temporary nonresident hunting license) fifteen dollars and fifty cents.
Section 50-9-135. 1. (resident big game hunting license) five dollars and fifty cents, plus regular hunting resident license fee.
2. (nonresident big game hunting license) one hundred dollars and fifty cents, plus regular nonresident hunting license.
Section 50-9-140. (nonresident shooting preserve hunting license) seven dollars and fifty cents.
Section 50-9-450. 1. (resident statewide fishing license) fourteen dollars and fifty cents.
2. (resident fourteen-day temporary fishing license) nine dollars and fifty cents.
Section 50-9-460. (nonresident fishing license) thirty-five dollars and fifty cents.
Section 50-9-470. (nonresident temporary ten-day license) sixteen dollars.
B. For the 1986-87 fiscal year only, in lieu of the fees provided in subsection (1) of Section 50-9-120, subsection (1) of Section 50-9-135, Sections 50-9-150, and 50-9-450, any resident of this State who is aged sixteen through seventeen may pay a fee of twelve dollars and fifty cents, of which amount fifty cents may be retained by the issuing agent, for the privilege of engaging in the activities described in the above cited sections. Minors below the age of fifteen may hunt on preserves without a license.
The license must be countersigned by the parent or guardian of the teenager and the countersignature shall be considered as a certification of the age and residence of the teenage person.
Any person fraudulently obtaining such a license by falsely certifying the age or residence of another upon conviction must be fined the sum of two hundred dollars or be confined in the county jail for a period not to exceed ten days.
C. For the 1986-87 fiscal year only, any resident over the age of sixty-five shall purchase a special habitat permit to hunt or fish in this State. The cost of the permit is five dollars. This permit is valid for a period of five years and carries all the privileges of the licenses described in Section 50-9-15 and subsection (1) of Section 50-9-135 and the permittee is not required to purchase a state waterfowl stamp./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON explained the amendment.
Rep. TOAL raised the Point of Order that Amendment No. 243 was not germane to the Bill as it did not meet the requirement of Rule 5.3 that it directly relate to the raising or appropriation of revenue.
The SPEAKER stated that it met the requirement of Rule 5.3 that it affect revenue and overruled the Point of Order.
Rep. TOAL then inquired if it was proper to make a change in permanent law by virtue of a temporary provision in the Appropriation Bill.
The SPEAKER stated that the change was temporary.
Rep. KOON continued speaking.
Rep. L. MARTIN asked unanimous consent that the time of the speaker be extended 2 minutes, which was agreed to.
Rep. KOON continued speaking.
Rep. SNOW spoke against the amendment.
Rep. KOON spoke in favor of the amendment.
Rep. SNOW moved to table the amendment which was agreed to.
On motion of Rep. SCHWARTZ, with unanimous consent, Reps. BEASLEY and J. ROGERS proposed the following amendment which was adopted.
Amend, as and if amended, Amendment number 183, page 1, line 2, by inserting after "contrary" the following:
/with the exception of The Governor, The Secretary of State, The State Treasurer, The Comptroller General, The Attorney General, The Adjutant General, The Superintendent of the State Department of Education, The Commissioner of the State Department of Agriculture, the Director of the Division of Local Government, and the Director of the State Board of Chiorpractic Examiners./
Amend Title and Totals to Conform.
Reps. MITCHELL, TOAL, TAYLOR, CORK, HARVIN, KEYSERLING, FOXWORTH, WILLIAMS and FERGUSON proposed the following Amendment No. 262 (Doc. No. 3050R), 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 adding an appropriately numbered section to read:
/SEC. ___. There is created a committee to study the feasibility and ramifications of establishing a state lottery. The committee is composed of three members of the House of Representatives appointed by the Speaker, three members of the Senate appointed by the President, and three members appointed by the Governor. The committee, from among its membership, shall elect a chairman and such other officers as it considers necessary. The members of the committee shall receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions to be paid from the appropriations provided to the committee in this resolution. The committee shall report its findings and recommendations to the General Assembly at the conclusion of its study but no later than May 30, 1987. Five thousand dollars is appropriated to the committee from the general fund of the state to be used for its purposes.
The Legislative Council shall provide legal services as the committee may require in the performance of its duties./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOAL explained the amendment.
Rep. GENTRY moved to table the amendment.
Rep. BRETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, W. Bailey, G. Bailey, K. Barfield Beasley Blackwell Boan Bradley, J. Bradley, P. Brett Brown, H. Brown, J. Brown, R. Burriss, T.M. Carnell Chamblee Cleveland Cooper Dangerfield Davenport Day Evatt Faber Fair Gentry Gregory Harris, J. Harris, P. Harvin Hawkins Hayes Helmly Hendricks, B. Holt Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lake Lewis Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McEachin McLeod McTeer Moss Neilson Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Russell Sheheen Short Simpson Snow Stoddard Thrailkill Townsend Tucker Wilkins Winstead Woodruff
Those who voted in the negative are:
Aydlette Cork Ferguson Foxworth Toal White Williams
So the amendment was tabled.
Reps. TOAL, KIRSH, KLAPMAN, L. HENDRICKS and HOLT proposed the following Amendment No. 269 (Doc. No. 6797b), which was adopted.
Amend as and if amended, Part I, General Provisions, p. 790, left column, by adding a new section at the end: (Section 175)
Each Agency having in its custody one or more aircraft shall maintain a continuing log on all flights, which shall be open for public inspection. Any and all aircraft owned or operated by agencies of the State Government shall be used only for official business. The Aeronautics Commission and other agencies owning and operating aircraft may furnish transportation to the Governor, Constitutional Officers, members of the General Assembly, members of State boards, commissions, and agencies, and their invitees for official business only; Provided, However, That no member of the General Assembly, no member of a state board, commission or committee, and no state official shall use any aircraft of the Aeronautics Commission unless the member or official first files with the Aeronautics Commission a sworn statement certifying and describing the official nature of his trip; and Provided, Further, That no member of the General Assembly, no member of a state board, commission or committee, and no state official shall be furnished air transportation by a state agency other than the Aeronautics Commission unless such agency prepares and maintains in its files a sworn statement from an appropriate official of the agency certifying that the member's or state official's trip was in conjunction with the official business of the agency. Official business shall not include routine transportation to and from meetings of the General Assembly or committee meetings for which mileage is authorized.
All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent record of any agency. All passengers shall be listed on the flight log by their legal name; Provided, However, That passengers flying with an appropriate official of SLED or the State Development Board whose confidentiality must, in the opinion of SLED or the Board, be protected shall be listed in writing on the flight log as "Confidential Passenger of SLED or State Development Board (strike one)" and the appropriate official of SLED or the Board shall certify to the agency operating the aircraft the necessity for such confidentiality.
Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976 Code and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall subject a violating member of a state board, commission or committee, or a state official to the applicable ethics procedure relating to them as provided by law.
The above provisions shall not apply to aircraft of the Athletic Department of any State supported institution of higher education.
Provided, Further, That all agencies except SLED that retain aircraft under this section shall submit monthly reports and copies of logs to the Aeronautics Commission.
Provided, Further, That aircraft owned by agencies of state government shall not be leased to individuals for their personal use.
Rep. TOAL explained the amendment.
Rep. KLAPMAN spoke in favor of the amendment.
The amendment was then adopted.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 3K29 was adopted was taken up and agreed to.
Rep. P. BRADLEY proposed the following Amendment No. 264 (Doc. No. 2927R).
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, in PART I, SECTION 3K29 (JT. LEG. COM. ON CULTURAL AFFAIRS), page 61, by inserting immediately after line 10:
(7) (8)
/Study for High School
or College for the
Performing Arts and
Sciences in South Carolina 25,000 25,000/; and by adding at the end on page 61:
/Provided, That the $25,000 appropriated in this section must be used by the Joint Legislative Committee on Cultural Affairs to fund a study to determine the feasibility of establishing a High School or College for the Performing Arts and Sciences in South Carolina. The committee shall make recommendations to the General Assembly prior to January 31, 1987, on the necessary actions and funding required to establish a High School or College for the Performing Arts and Sciences in South Carolina./
Amend totals and title to conform.
Rep. P. BRADLEY explained the amendment.
Rep. TOAL moved to adjourn debate upon the Section, which was adopted.
Debate was resumed on Section 13.
Reps. McABEE and RAWL explained the Section.
Section 13 was adopted.
Debate was resumed on Section 16I.
Rep. LIMEHOUSE asked, with unanimous consent, to pass over all amendments and take up his amendment.
Rep. MANGUM objected.
Debate was resumed on Amendment No. 161 which was introduced on Wednesday, March 12, by Reps. B.L. HENDRICKS, SIMPSON and L. MARTIN.
Rep. B.L. HENDRICKS explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. McABEE asked unanimous consent to pass over all amendments until Amendment No. 292 is taken up, which was agreed to.
Reps. HAYES, LIMEHOUSE and FOXWORTH proposed the following Amendment No. 292 (Doc. No. 2869R), which was adopted.
Reference is to bill as introduced by Ways and Means Committee
Amend the bill, as and if amended, by inserting in columns 7 and 8 opposite /DISTRIBUTION TO SUBDIVISIONS: AID TO ENTITIES-RURAL DEVELOPMENT/ as contained on lines 18, 19, and 20, the following:
/(7) (8)
6,000,000 6,000,000/
Amend further, by striking all SPECIAL ITEMS which follow the DISTRIBUTION TO SUBDIVISIONS: AID TO ENTITIES-RURAL DEVELOPMENT subitem of subsection I.
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. SCHWARTZ spoke in favor of the amendment.
Rep. J. ROGERS moved to table the amendment.
Rep. LIMEHOUSE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beasley Blackwell Boan Burriss, M.D. Dangerfield Gregory Klapman Mangum Neilson Pearce Phillips, O. Rogers, J. Sheheen Short Stoddard
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Bailey, G. Bailey, K. Barfield Bennett Bradley, P. Brett Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Chamblee Cooper Cork Davenport Day Derrick Edwards Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Lake Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLeod McTeer Mitchell Moss Nettles Ogburn Petty Phillips, L. Rawl Rhoad Rice Rogers, T. Russell Sharpe Shelton Simpson Snow Taylor Thrailkill Toal Townsend Tucker Washington White Williams Winstead Woodruff
So, the House refused to table the amendment.
Rep. J. ROGERS spoke upon the Bill.
Rep. TUCKER moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Boan Freeman Gilbert Harris, P. Harvin Tucker
Those who voted in the negative are:
Schwartz Alexander Anderson, J. Anderson, S. Bailey, G. Bailey, K. Barfield Beasley Blackwell Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Chamblee Cooper Cork Dangerfield Davenport Day Derrick Edwards Evatt Faber Fair Felder Ferguson Foster Foxworth Gordon Gregory Harris, J. Hawkins Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Lake Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McTeer Mitchell Moss Neilson Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rice Rogers, J. Rogers, T. Russell Sheheen Shelton Short Stoddard Taylor Thrailkill Toal Townsend Waldrop White Wilkins Williams Winstead Woodruff
So, the House refused to adjourn.
Rep. J. ROGERS continued speaking.
Rep. McTEER raised the Point of Order that the member speaking on the Bill was out of order at this time as the question before the body was an amendment, and in accordance with Rule 3.6, "...he shall confine himself to the question under consideration be such question an amendment, Bill, or Resolution."
The SPEAKER Pro Tempore, citing Rule 3.6, stated that once the question, in this case, the amendment, was published, the member seeking recognition must confine himself to that question, and he sustained the Point of Order. He further stated that Rep. J. ROGERS would be recognized to speak on the amendment, and he would be allowed the allotted time to speak on the amendment.
Reps. J. ROGERS, FABER and NEILSON spoke against the amendment.
The SPEAKER Pro Tempore granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. J. ROGERS moved to table the amendment.
Rep. HOLT raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. BEASLEY spoke against the amendment.
Rep. J. ROGERS moved to table the amendment.
Rep. HOLT raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
The question then recurred to the adoption of the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, J. Anderson, S. Bailey, K. Barfield Bennett Bradley, J. Bradley, P. Brown, H. Burriss, J.H. Chamblee Cooper Cork Davenport Day Derrick Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Hayes Hearn Helmly Hendricks, B. Holt Johnson, J.C. Kay Kirsh Koon Lake Limehouse Martin, L. Mattos McAbee McEachin McTeer Mitchell Pearce Petty Phillips, L. Rice Shelton Taylor Townsend Tucker Wilkins
Those who voted in the negative are:
Bailey, G. Beasley Blackwell Boan Brown, G. Brown, J. Brown, R. Burriss, M.D. Carnell Cleveland Dangerfield Elliott Evatt Gordon Hawkins Huff Johnson, J.W. Jones Klapman Lewis Lockemy Mangum Martin, D. McBride McKay McLeod Moss Neilson Nettles Ogburn Phillips, O. Rogers, J. Rogers, T. Russell Sharpe Sheheen Short Stoddard Thrailkill Toal Waldrop Washington Williams Winstead Woodruff
So, the amendment was adopted.
Rep. BLACKWELL moved that the House do now adjourn which was adopted by a division vote of 56 to 40.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Section 16I.
Rep. SCHWARTZ moved to reconsider the vote whereby Sections 126, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, and 13 were adopted and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 3659 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF DAVID CUTTINO MELLETTE OF SUMTER COUNTY UPON HIS DEATH.
At 5:40 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 10:00 A.M. tomorrow.
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