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

TUESDAY, JANUARY 27, 1987

Tuesday, January 27, 1987
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Immortal, invisible, majestic God, enable us at all times to see Your greatness, grandeur and glory. Make us:

to fear God because of His power;

to trust Him because of His wisdom;

to love Him because of His goodness;

to believe in Him because of His faithfulness;

to emulate His virtues because of His holiness.

So without fail, cause us to lean heavily upon the strong right arm of this omnipotent God--that strong right arm that reaches all the way from heaven to earth, yet amazingly within easy reach of all who will grasp it.

Amen.

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

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

REPORT RECEIVED

The following was received.

STATE OF SOUTH CAROLINA
ELECTION COMMISSION

January 16, 1987
The Honorable Robert J. Sheheen
Speaker of The House of Representatives
P.0. Box 11867
Columbia, S.C. 29211

Dear Mr. Speaker:

In accordance with the provisions of Section 7-7-710 of the 1976 South Carolina Code of Laws, attached is the report of the State Election Commission of all polling precincts by county in the State that have more than 1,500 registered electors as of January 1, 1987.

Respectfully yours,
James B. Ellisor
Executive Director

REPORT TO THE GENERAL ASSEMBLY OF SOUTH CAROLINA FROM THE STATE ELECTION COMMISSION
Polling Precincts by County
With More than 1,500 Registered Voters
January 16, 1987

County     Total Registered Electors

AIKEN
Millbrook No. 20     1,688
Belvedere No. 45     1,648
Hollow Creek 53     1,704

ANDERSON
Belton     2,215
Centerville     2,112
Concrete     1,507
Edgewood     1,554
Homeland Park     2,015
Pendleton     1,808
Williamston     1,662

BEAUFORT
Bluffton     1,783
Burton No. 2     1,622
Lady's Island 1-A     1,824
Seabrook     1,526
St. Helena No. 2     1,595

BERKELEY
Hanahan     4,734
Moncks Corner     3,719
St. Stephen     1,780
Wide Awake     3,566
Goose Creek 1     2,190
Goose Creek 2     3,486
Goose Creek 3     1,569

CALHOUN
Dixie     1,525
CHARLESTON
Mt. Pleasant 1     1,981
Mt. Pleasant 3     1,533
Mt. Pleasant 4     2,304
Mt. Pleasant 7     2,026
Charleston 4     1,641
Charleston 10     1,725
Charleston 11     1,521
Charleston 22     1,508
Charleston 24     1,738
N. Charleston 4     1,642
James Island 7     1,688
St. Andrews 5     1,538

CHESTER
Chester Ward 3     1,783

CHESTERFIELD
Cheraw No. 2     1,776
Pageland     1,807

COLLETON
Walterboro No. 4     2,209

DARLINGTON
Hartsville No. 5     1,799
Hartsville No. 6     1,885
Hartsville No. 8     1,813
Darlington No. 3     2,013

DILLON
East Dillon     1,631
South Dillon     1,716
Latta     1,813

DORCHESTER
Gregg     1,578

FLORENCE
Ebenezer     2,181
Greenwood     1,571
Lake City No. 4     1,634
Timmonsville     2,111
Florence Ward 9     1,555
Delmae     1,798

GEORGETOWN
Pawley's Island     2,365

GREENVILLE
Greenville 14     1,631
Brookglenn     1,688
Del Norte     1,653
Devenger     1,515
Batesville     2,024
Gilder Creek     1,858
Mauldin 4     1,819

GREENWOOD
Greenwood No. 1     1,524
Greenwood No. 4     1,717
Glendale     1,611
Fairground     1,590

HAMPTON
Estill     2,096

HORRY
Garden City 3     1,608
Sea Oats 1     1,510
Socastee 1     1,508

LANCASTER
Wylie Park     2,032

LAURENS
Clinton No. 2     2,130

LEXINGTON
Chapin     2,407
Cromer     1,966
Lexington No. 1     1,695
Hook's Store     1,530
Chalk Hill     1,651
Whitehall     2,068
Jamil Road     1,566

MARION
Marion South     1,828

MARLBORO
E. Bennettsville     3,635
W. Bennettsville     2,476

OCONEE
Walhalla No. 2     1,530

ORANGEBURG
Cordova     1,598
Santee     1,509

RICHLAND
Ward 13     1,544
Ward 21     1,870
Arcadia     1,948
Ballentine     1,561
Bluff     1,920
Blythewood     1,782
Brandon     1,508
College Place     1,666
Cooper     1,897
Dentsville     1,817
Eastover     1,926
Edgewood     1,515
New Friarsgate     1,900
Greenview     1,852
Harbison     1,757
Hopkins     1,556
RICHLAND CON'T
Keels     1,576
Kingswood     1,547
Lincolnshire     1,747
Lykesland     2,161
Meadowlake     1,764
Midway     1,616
North Springs     1,658
Riverside     1,957
Spring Valley     3,198
Whitewell     2,149
Woodfield     1,947

SPARTANBURG
Ben Avon     1,752
Boiling Springs     3,020
Campton     2,952
Cowpens     1,541
Duncan     1,657
Inman     2,029
Landrum     1,640
Roebuck     1,772
Spartanburg Ward 3 Block 1     3,137
West View     1,981
Zion Hill     2,018

Received as information.

RULES AND REGULATIONS RECEIVED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 23, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives         (Doc. No. 785)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on January 23, 1987 regulations concerning Licensing from the S.C. Board of Examiners for Licensure of Professional Counselors, Associate Counselors, and marital and Family Therapists.

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

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 23, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives         (Doc. No. 792)

Dear Lois:

The South Carolina State Board of Cosmetology is hereby withdrawing and simultaneously resubmitting Continuing Education Requirements and Continuing Education Programs effective this date. These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Robert J. Sheheen

Received as information.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 285 -- Senator Peeler: A CONCURRENT RESOLUTION CONGRATULATING AMERICAN LEGION POST 109 IN GAFFNEY, CHEROKEE COUNTY, ON ITS FIFTIETH ANNIVERSARY AND COMMENDING THE POST FOR ITS COMMUNITY SERVICE AND DEDICATION TO SAFEGUARDING THE BEST INTERESTS OF THIS COUNTRY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 286 -- Senator Peeler: A CONCURRENT RESOLUTION CONGRATULATING THE YORK COMPREHENSIVE HIGH SCHOOL COUGARS UPON WINNING THE 1986 AAA STATE FOOTBALL CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2277 -- Reps. Taylor, J. Brown, McBride, Faber, T. Rogers, Toal, Corning and Evatt: A CONCURRENT RESOLUTION TO CONGRATULATE COACH GEORGE E. GLYMPH AND THE EAU CLAIRE SHAMROCK BASKETBALL TEAM OF EAU CLAIRE HIGH SCHOOL OF COLUMBIA IN RICHLAND COUNTY ON WINNING THE 1986 BEACH BALL CLASSIC IN MYRTLE BEACH IN DECEMBER, 1986.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 288 -- Senators Wilson, Shealy, Courson, Setzler, Giese, Applegate, Branton, McConnell, Lee and Thomas: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF JOHN J. JORDAN OF CAYCE IN LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 289 -- Senators Lee and Horace C. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE SPARTANBURG COUNTY SHERIFF'S DEPARTMENT FOR RECEIVING THE SOUTHERN BELL TELEPHONE COMPANY AWARD OF EXCELLENCE AT THE 1986 SOUTH CAROLINA LAW ENFORCEMENT OFFICERS ASSOCIATION CONFERENCE AT CHARLESTON AND TO CONGRATULATE SHERIFF LARRY D. SMITH OF SPARTANBURG COUNTY FOR BEING SELECTED SHERIFF OF THE YEAR FOR 1986 BY HIS FELLOW SHERIFFS AT THE ANNUAL MEETING OF THE SOUTH CAROLINA SHERIFFS ASSOCIATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 292 -- Senators Wilson, Moore and Shealy: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE JACOB LUTHER AULL OF JOHNSTON IN EDGEFIELD COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2278 -- Reps. Klapman, Sharpe, Felder, Sturkie, J.H. Burriss, Koon and Derrick: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. RAMSAY GARRISON LATIMER OF WEST COLUMBIA UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 291 -- Senators Garrison, Bryan, Drummond, Hayes, Hinson, Holland, Lee, Macaulay, Martin, Mitchell, Peeler, Pope, Powell, Horace C. Smith, J. Verne Smith, Nell W. Smith and Thomas: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE ROBERT DUKE TUCKER OF GREER IN GREENVILLE COUNTY.

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

SILENT PRAYER

The House stood in silent prayer in memory of the late Duke Tucker.

INTRODUCTION OF BILLS

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

H. 2263 -- Judiciary Committee: A BILL TO AMEND CHAPTER 4 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-15 SO AS TO SET FORTH THE PUBLIC POLICY OF THAT CHAPTER AND PROVIDE THE BASIS FOR CONSTRUING IT; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD LANGUAGE TO DEFINE FURTHER THE TERM "PUBLIC BODY", AND TO ADD AND DELETE LANGUAGE UNDER THE DEFINITION OF "PUBLIC RECORD"; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, FEES, AND NOTIFICATION AS TO PUBLIC AVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT IF THE REQUEST FOR PRODUCTION IS GRANTED, THE RECORD MUST BE FURNISHED OR MADE AVAILABLE FOR INSPECTION OR COPYING, AND TO PROVIDE THAT IF WRITTEN NOTIFICATION OF THE DETERMINATION OF THE PUBLIC BODY AS TO THE AVAILABILITY OF THE REQUESTED PUBLIC RECORD IS NEITHER MAILED NOR PERSONALLY DELIVERED TO THE PERSON REQUESTING THE DOCUMENT WITHIN A CERTAIN PERIOD OF TIME, THE REQUEST MUST BE CONSIDERED APPROVED; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR THE EXEMPTION OF THE COMPENSATION OF FULL-TIME EMPLOYEES AT OR BELOW THE LEVEL OF FIFTY THOUSAND DOLLARS ANNUALLY, PROVIDE FOR THE EXEMPTION OF INFORMATION RELATIVE TO THE IDENTITY OF THE MAKER OF A GIFT TO A PUBLIC BODY UNDER CERTAIN CONDITIONS AND DEFINE "GIFT TO A PUBLIC BODY", AND REQUIRE THE PUBLIC BODY, UNDER CERTAIN CONDITIONS, TO MAKE NONEXEMPT MATERIAL AVAILABLE IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 4 OF TITLE 30; TO AMEND SECTION 30-4-70, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT AND EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DISCUSSION OF CERTAIN MATTERS CONCERNING AN EMPLOYEE, A STUDENT, OR A PERSON REGULATED BY A PUBLIC BODY MAY BE HELD IN A MEETING CLOSED TO THE PUBLIC, DELETE CERTAIN LANGUAGE, AND REQUIRE THE PRESIDING OFFICER TO ANNOUNCE THE SPECIFIC PURPOSE OF AN EXECUTIVE SESSION REGARDING A PUBLIC AGENCY; TO AMEND SECTION 30-4-80, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE ALL PUBLIC BODIES TO NOTIFY PERSONS OR ORGANIZATIONS, AND OTHERS, OF THE TIMES, DATES, PLACES, AND AGENDA OF ALL PUBLIC MEETINGS; AND TO AMEND SECTION 30-4-100, RELATING TO INJUNCTIVE RELIEF, COSTS, AND ATTORNEY'S FEES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO, AMONG OTHER THINGS, ALLOW ANY CITIZEN OF THE STATE TO APPLY TO THE CIRCUIT COURT FOR EITHER OR BOTH A DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF TO ENFORCE CHAPTER 4 OF TITLE 30 AS LONG AS APPLICATION IS MADE NO LATER THAN ONE YEAR (RATHER THAN SIXTY DAYS) FOLLOWING THE DATE ON WHICH THE ALLEGED VIOLATION OCCURS OR ONE YEAR AFTER A PUBLIC VOTE IN PUBLIC SESSION (RATHER THAN SIXTY DAYS AFTER RATIFICATION OF SUCH ACT IN PUBLIC SESSION), WHICHEVER COMES LATER, AND PROVIDE THAT A VIOLATION OF CHAPTER 4 TITLE 30 MUST BE CONSIDERED TO BE AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.

Without reference.

H. 2264 -- Rep. Sheheen: A BILL TO AMEND CHAPTER 1 OF TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS APPLICABLE TO POLITICAL SUBDIVISIONS, SO AS TO ADD SECTION 6-1-50 TO REQUIRE A COUNTY AND MUNICIPALITY WHICH RECEIVES REVENUE FROM STATE AID TO SUBMIT TO THE COMPTROLLER GENERAL ON AN ANNUAL BASIS A FINANCIAL REPORT CONTAINING THE SOURCES OF REVENUE, EXPENDITURES BY CATEGORY, INDEBTEDNESS, AND SUCH OTHER INFORMATION AS THE COMPTROLLER GENERAL REQUIRES, TO PROVIDE THAT THE COMPTROLLER GENERAL, IN CONJUNCTION WITH THE BUDGET AND CONTROL BOARD, THE DIVISION OF RESEARCH AND STATISTICAL SERVICES, SHALL DETERMINE THE CONTENTS OF THE REPORT AND THE DATE OF SUBMISSION, TO REQUIRE A PENALTY FOR FAILURE TO SUBMIT THE REPORT, AND REQUIRE THAT A COMPREHENSIVE REPORT BY THE BUDGET AND CONTROL BOARD, DIVISION OF RESEARCH AND STATISTICAL SERVICES, IN CONJUNCTION WITH THE COMPTROLLER GENERAL, ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, AND THE BUREAU OF GOVERNMENTAL RESEARCH AND SERVICES OF THE UNIVERSITY OF SOUTH CAROLINA BE SUBMITTED TO THE GENERAL ASSEMBLY NO LATER THAN APRIL FIRST OF EACH YEAR; TO AMEND ARTICLE 1 OF CHAPTER 15 OF TITLE 11, RELATING TO THE GENERAL PROVISION DEALING WITH BONDS OF POLITICAL SUBDIVISIONS, SO AS TO REQUIRE COUNTIES AND MUNICIPALITIES TO REPORT ANNUALLY TO THE COMPTROLLER GENERAL A COMPLETE REPORT OF ITS SHORT AND LONG-TERM OBLIGATIONS, AND TO REQUIRE THE COMPTROLLER GENERAL TO PUBLISH AS PART OF HIS ANNUAL REPORT A STATEMENT OF OBLIGATIONS OF ALL POLITICAL SUBDIVISIONS; TO AMEND SECTION 4-9-150, RELATING TO THE REQUIREMENT THAT A COUNTY COUNCIL CONDUCT AN ANNUAL INDEPENDENT AUDIT OF THE FINANCIAL RECORDS AND TRANSACTIONS OF THE COUNTY, SO AS TO REQUIRE THAT A COPY OF THE AUDIT BE SUBMITTED TO THE COMPTROLLER GENERAL NO LATER THAN JANUARY FIRST EACH YEAR FOLLOWING THE CLOSE OF THE BOOKS OF THE PREVIOUS YEAR; TO AMEND SECTION 11-3-190, RELATING TO THE REQUIREMENT THAT ABSTRACTS FOR SETTLEMENT WITH COUNTY TREASURERS BE ENTERED IN A BOOK TO BE KEPT BY HIM, SO AS TO REQUIRE THE ABSTRACTS IN A FILE INSTEAD OF A BOOK; TO AMEND SECTION 12-45-260, RELATING TO THE REQUIREMENT THAT THE COUNTY TREASURER REPORT TO THE COUNTY SUPERVISOR THE AMOUNT OF FUNDS COLLECTED FOR AND ON ACCOUNT OF THE COUNTY AND THE CHARACTER OF THE FUNDS, SO AS TO CHANGE THE DATE THE REPORT IS REQUIRED AND THAT IT MUST BE MADE TO THE CHIEF ADMINISTRATIVE OFFICER OF THE COUNTY INSTEAD OF THE COUNTY SUPERVISOR AND REQUIRE THE REPORT TO CONTAIN THE AMOUNT OF FUNDS RECEIVED INSTEAD OF COLLECTED; TO AMEND SECTION 12-45-280, RELATING TO THE REQUIREMENT THAT THE COUNTY TREASURER'S REPORT TO THE COUNTY SUPERINTENDENT OF EDUCATION AN ITEMIZED STATEMENT OF THE AMOUNTS OF COLLECTION AND DISBURSEMENT BY SCHOOL DISTRICTS MADE BY HIM FOR THE PREVIOUS CALENDAR YEAR ON VARIOUS TAXES, SO AS TO REQUIRE THE REPORT TO BE MADE TO THE CHIEF EXECUTIVE OFFICER OF EACH SCHOOL DISTRICT INSTEAD OF THE COUNTY SUPERINTENDENT OF EDUCATION, PROVIDE FOR COLLECTION INSTEAD OF RECEIPT OF THE AMOUNTS TO BE INCLUDED IN THE REPORT, DELETE REFERENCES TO THE SPECIFIC TAXES REQUIRED TO BE INCLUDED IN THE REPORT AND DELETE THE REQUIREMENT THAT THE COUNTY TREASURER REPORT THE TOTAL AMOUNTS RECEIVED FOR THE PERIOD FROM ANY OTHER TAXES NOT COLLECTED FOR ANY SPECIAL SCHOOL DISTRICT; TO AMEND SECTION 12-45-340, RELATING TO THE REQUIREMENT THAT A SETTLEMENT SHEET BE SIGNED BY THE COUNTY SUPERVISOR, COUNTY TREASURER, AND COUNTY SUPERINTENDENT OF EDUCATION, SO AS TO REQUIRE ONLY THE COUNTY TREASURER TO SIGN THE SETTLEMENT SHEET; AND TO REPEAL SECTIONS 12-45-270 RELATING TO THE COUNTY TREASURER'S MONTHLY REPORT, 12-45-310 RELATING TO THE REQUIREMENT THAT COUNTY SUPERVISORS AND SUPERINTENDENTS OF EDUCATION BE NOTIFIED OF THE DAY OF SETTLEMENT, 12-45-320 RELATING TO THE REQUIREMENT THAT THE AUDITOR OF EACH COUNTY SHALL NOTIFY THE FOREMAN OF THE GRAND JURY AND THE COMPTROLLER GENERAL OF THE DAY UPON WHICH THE SETTLEMENT IS TO BE MADE, AND 12-45-360 RELATING TO THE REQUIREMENT THAT THE COMPTROLLER GENERAL AND THE FOREMAN OF THE GRAND JURY SHALL REPORT ANY IRREGULARITY OR VIOLATION OF LAW TO THE COURT OF GENERAL SESSIONS OF THE COUNTIES WHERE THE IRREGULARITIES OR VIOLATIONS OF LAW HAVE BEEN DISCOVERED.

Referred to Committee on Ways and Means.

H. 2265 -- Rep. Foxworth: A BILL TO AMEND SECTION 48-39-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEVELOPMENT OF A BEACH EROSION CONTROL POLICY BY THE SOUTH CAROLINA COASTAL COUNCIL, SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 1987, NO PERMANENT BULKHEADS OR SEAWALLS EXCEPT FOR SANDBAG BULKHEADS MAY BE USED TO ATTEMPT TO STABILIZE THE ATLANTIC OCEAN SHORELINE; AND TO AMEND CHAPTER 39 OF TITLE 48 OF THE 1976 CODE RELATING TO COASTAL TIDELANDS AND WETLANDS BY ADDING SECTIONS 48-39-230 THROUGH 48-39-260 so AS TO PROVIDE FOR MINIMUM OCEAN FRONT SETBACK REQUIREMENTS FOR ALL BUILDINGS OR STRUCTURES, TO PROVIDE CERTAIN EXCEPTIONS, AND TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THESE MINIMUM OCEAN FRONT SETBACK REQUIREMENTS.

Referred to Committee on Agriculture and Natural Resources.

H. 2266 -- Rep. Foxworth: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-115 SO AS TO PROHIBIT THE USE OF GILL NETS IN THE WATERS OF THE STATE FROM THE SALTWATER-FRESHWATER DIVIDING LINE SEAWARD, EXCEPT AS PERMITTED BY ARTICLE 15 OF CHAPTER 17 OF TITLE 50, TO AMEND SECTIONS 50-17-1050 AND 50-17-1055, RELATING TO DISTANCE BETWEEN NETS OR SEINES AND PUBLIC FISHING PIERS AND MANMADE JETTIES AND BETWEEN OTHER NETS AND SEINES, SO AS TO ELIMINATE REFERENCES TO GILL NETS, AND TO REPEAL SECTIONS 50-13-715, 50-17-1035, 50-17-1061, AND 50-17-1066, RELATING TO GILL NETS, ANCHOR NETS, OR SEINES.

Referred to Committee on Agriculture and Natural Resources.

H. 2267 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS AND SIZE LIMITS ON SALTWATER FISH AND SHELLFISH, SO AS TO CHANGE THE CLOSED SEASON FOR TAKING, POSSESSING, LANDING, OR SELLING RED DRUM LESS THAN FOURTEEN INCHES IN LENGTH FROM JUNE FIRST TO OCTOBER FIRST OF EACH YEAR.

Referred to Committee on Agriculture and Natural Resources.

H. 2268 -- Rep. Foxworth: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

H. 2269 -- Rep. Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-395 SO AS TO AUTHORIZE THE RUNNING OF DOGS FOR TRAINING PURPOSES FOR THE TWO-WEEK PERIOD PRECEDING THE OPENING OF DEER SEASON.

Referred to Committee on Agriculture and Natural Resources.

H. 2270 -- Rep. Barfield: A BILL TO AMEND SECTION 50-13-1155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AND FEES FOR TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES AND GEAR, SO AS TO EXEMPT DEVICES AND GEAR USED IN THE LITTLE PEE DEE, GREAT PEE DEE, AND WACCAMAW RIVERS.

Referred to Committee on Agriculture and Natural Resources.

H. 2271 -- Rep. Pearce: A BILL TO AMEND SECTION 16-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING A FIRE TO SPREAD TO PROPERTY OF ANOTHER, SO AS TO REDUCE THE MINIMUM FIRST OFFENSE IMPRISONMENT PENALTY FROM TWENTY DAYS TO FIVE DAYS AND TO INCREASE THE MAXIMUM FIRST OFFENSE FINE PENALTY TO TWO HUNDRED DOLLARS, TO DELETE THE COURTS AUTHORITY TO IMPOSE BOTH A FINE AND IMPRISONMENT FOR A FIRST OFFENSE, AND TO PROHIBIT THE SUSPENSION OF ANY PORTION OF THE PENALTY.

Referred to Committee on Judiciary.

H. 2272 -- Reps. Neilson, Lockemy, Gilbert, Davenport, Holt, O. Phillips, J.W. McLeod, Blackwell, Shelton, Mattos, Dangerfield, Petty and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO REQUIRE CLOSING ATTORNEYS OR OTHER SETTLEMENT AGENTS TO GIVE WRITTEN NOTICE TO THE PURCHASER OF REAL PROPERTY CLASSIFIED AS "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF AD VALOREM TAXATION THAT THE PROPERTY MAY BE SUBJECT TO THE ROLL-BACK TAX; AND TO AMEND SECTION 12-45-70, RELATING TO THE DUE DATES FOR THE PAYMENT OF AD VALOREM TAXES, SO AS TO REQUIRE TAX NOTICES SENT TO THE OWNER OF AGRICULTURAL REAL PROPERTY TO CONTAIN A STATEMENT GIVING NOTICE OF THE PROPERTY BEING SUBJECT TO THE ROLL-BACK TAX WHEN THE PROPERTY'S USE IS CHANGED.

Referred to Committee on Judiciary.

H. 2273 -- Reps. Neilson, Lockemy, Gilbert, Beasley, O. Phillips, Blackwell, Baxley, Mattos, Davenport, J.W. McLeod and Petty: A JOINT RESOLUTION TO EXEMPT PROPERTY FROM THE ROLL-BACK TAX FOR THE TAX YEARS 1976 THROUGH 1985 IF THE TAX WAS NOT ASSESSED WITHIN ONE YEAR OF THE DATE THE PROPERTY CHANGED FROM AGRICULTURAL USE AND TO PROVIDE FOR REFUNDS OF ROLL-BACK TAXES PAID ON EXEMPT PROPERTY.

Referred to Committee on Ways and Means.

H. 2274 -- Reps. Winstead and Aydlette: A BILL TO AMEND ARTICLE 31, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS TRAFFIC RULES BY ADDING SECTION 56-5-3865 SO AS TO PROVIDE THAT A PERSON MAY NOT WEAR EARPHONES OR ANY SIMILAR HEARING APPARATUS OVER THE EARS FOR THE PURPOSE OF LISTENING TO A RADIO, STEREO, TAPEPLAYER, OR OTHER BROADCAST DEVICE WHILE OPERATING A MOTOR VEHICLE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Education and Public Works.

H. 2275 -- Reps. Washington, McBride, J. Brown and Whipper: A BILL TO PROVIDE FOR ALTERNATE PLANS FOR LOCAL SCHOOL DISTRICT GOVERNANCE; TO DEFINE THE RESPONSIBILITIES OF LOCAL SCHOOL BOARDS; AND TO PROVIDE FOR MATTERS RELATED THERETO, INCLUDING LIMITED FISCAL INDEPENDENCE FOR THESE BOARDS UNDER CERTAIN CONDITIONS.

Referred to Committee on Ways and Means.

H. 2276 -- Reps. L. Phillips, Blackwell and Petty: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND LICENSE FEES FOR PRIVATE PASSENGER-CARRYING VEHICLES AND PROPERTY-CARRYING VEHICLES, SO AS TO ELIMINATE THE ANNUAL REGISTRATION AND LICENSE FEE FOR PERSONS WHO ARE HANDICAPPED.

Referred to Committee on Education and Public Works.

H. 2279 -- Rep. Pearce: A BILL TO PROVIDE THAT THE NAME OF ANY CANDIDATE AUTHORIZED TO APPEAR ON ANY BALLOT IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION FOR ANY OFFICE MAY BE THE CANDIDATE'S GIVEN NAME, A DERIVATIVE OF HIS GIVEN NAME, OR A NICKNAME, TO PROVIDE FOR A PROCEDURE FOR THE USE OF A DERIVATIVE NAME OR A NICKNAME ON THE BALLOT, AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS.

Referred to Committee on Judiciary.

H. 2280 -- Reps. Gregory and White: A BILL TO REAUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY FOR SIX YEARS; TO AMEND SECTION 40-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE BOARD, SO AS TO AUTHORIZE THE DENTAL HYGIENIST MEMBER TO VOTE ON DISCIPLINARY MATTERS FOR DENTISTS; TO AMEND SECTION 40-15-80, RELATING TO THE DEFINITION OF "DENTAL HYGIENE", SO AS TO REDEFINE THE TERM, TO AUTHORIZE A REGISTERED HYGIENIST TO PERFORM CERTAIN SERVICES UNDER THE GENERAL SUPERVISION OF A LICENSED DENTIST, AND TO DEFINE "GENERAL SUPERVISION"; AND TO AMEND SECTION 40-15-270, RELATING TO RECIPROCAL AGREEMENTS FOR DENTISTS AND DENTAL HYGIENISTS LICENSED IN OTHER STATES, SO AS TO DELETE LANGUAGE REQUIRING MEMBERSHIP IN REGIONAL TESTING SERVICES AND PROVIDE THAT THE BOARD MAY GRANT LICENSES TO LICENSEES OF OTHER STATES IF THE REQUIREMENT FOR LICENSURE IN THOSE STATES IS SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR LICENSURE REQUIRED BY THE PROVISIONS OF CHAPTER 15 OF TITLE 40.

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

S. 135 -- Senators Pope, Lindsay, Martin, McConnell, Saleeby, Ravenel, Peeler, Setzler, Thomas E. Smith, Jr., McLeod, Hayes, Long, Leventis, Bryan, Williams, Mitchell, Macaulay, Nell W. Smith, Lourie, Applegate, Drummond, Land, Powell and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 OF TITLE 28 SO AS TO ENACT THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE CODE WHICH PROVIDES FOR PROVISIONS OF LAW WHICH SHALL REGULATE THE EXPENDITURE OF FUNDS OF THE STATE AND ITS POLITICAL SUBDIVISIONS AND ESTABLISH THE PROCEDURE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OR PROPERTY RIGHTS IN THIS STATE THROUGH THE EXERCISE OF THE POWER OF EMINENT DOMAIN; TO AMEND SECTIONS 1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-3-100, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 31-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-13-780, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 58-19-30, 58-27-130, 58-31-50, 59-19-200, 59-105-40, 59-117-70, AND 59-123-90, RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN AND COMPENSATION FOR PROPERTY TAKEN BY STATE AND LOCAL AGENCIES, AUTHORITIES AND ENTITIES, AND PRIVATE COMPANIES AND CORPORATIONS, SO AS TO CONFORM THE PROVISIONS OF LAW TO THE EMINENT DOMAIN PROCEDURE CODE; AND TO REPEAL SECTIONS 28-1-10, 28-1-20, 28-1-30, 28-3-10, 28-3-40, 28-3-50, 28-3-60, 28-3-70, 28-3-80, 28-3-90, 28-3-100, 28-3-110, 28-3-130, 28-5-10, 28-5-20, 28-5-30, 28-5-40, 28-5-50, 28-5-60, 28-5-70, 28-5-80, 28-5-90, 28-5-100, 28-5-110, 28-5-120, 28-5-130, 28-5-140, 28-5-150, 28-5-160, 28-5-170, 28-5-180, 28-5-190, 28-5-200, 28-5-210, 28-5-220, 28-5-230, 28-5-240, 28-5-250, 28-5-260, 28-5-270, 28-5-280, 28-5-290, 28-5-300, 28-5-310, 28-5-320, 28-5-330, 28-5-340, 28-5-350, 28-5-360, 28-5-370, 28-5-380, 28-5-390, 28-7-10, 28-7-20, 28-7-30, 28-7-40, 28-9-10, 28-9-20, 28-9-30, 28-9-40, 28-9-50, 28-9-60, 28-9-70, 28-9-80, 28-9-90, 28-9-100, 28-9-110, 31-3-470, 31-3-480, 31-3-490, 48-15-60, 48-15-70, 48-15-80, 48-17-60, 48-17-70, 48-17-80, 49-1-70, 49-13-10, 49-13-20, 49-13-30, 49-13-40, 49-13-50, 49-13-60, 49-13-70, 49-13-80, 49-19-2670, 55-9-60, 55-9-100, 55-9-110, 55-9-120, 55-9-130, 55-9-140, 55-9-150, 55-9-160, 55-9-170, 55-9-180, 57-5-360, 57-5-390, 57-5-400, 57-5-410, 57-5-420, 57-5-430, 57-5-440, 57-5-450, 57-5-460, 57-5-470, 57-5-480, 57-5-490, 57-5-500, 57-5-510, 57-5-520, 57-5-530, 57-5-560, 57-17-320, 57-17-330, 57-17-340, 57-17-350, 57-17-360, 57-17-370, 57-17-380, 57-17-390, 58-15-1210, 58-15-1220, 58-15-1230, 58-15-1240, 58-15-1250, 58-15-1260, 58-15-1270, 58-15-1280, 58-15-1290, 58-15-1300, 58-15-1310, 58-15-1320, 58-15-1330, 58-15-1340, 58-15-1360, 58-15-1370, 59-19-210, 59-19-220, 59-19-230, AND 59-19-240 RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN, COMPENSATION FOR PROPERTY TAKEN, AND OTHER RELATED MATTERS WHICH ARE INCONSISTENT WITH OR IN CONFLICT WITH THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE CODE.

Referred to Committee on Judiciary.

S. 284 -- Senator Shealy: A JOINT RESOLUTION CALLING FOR A SPECIAL ELECTION ON TUESDAY, FEBRUARY 24, 1987, TO FILL A VACANCY ON THE LEXINGTON COUNTY BOARD OF EDUCATION FROM SCHOOL DISTRICT THREE.

On motion of Rep. KLAPMAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Blackwell
Blanding               Boan                   Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Chamblee
Clyborne               Cooper                 Corning
Dangerfield            Day                    Derrick
Elliott                Evatt                  Faber
Fair                   Felder                 Foxworth
Gilbert                Gordon                 Gregory
Harris, P.             Harvin                 Haskins
Hawkins                Hayes                  Hearn
Helmly                 Hendricks              Hodges
Holt                   Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Kirsh                  Klapman                Kohn
Limehouse              Lockemy                Mappus
Martin, D.             Martin, L.             Mattos
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McLeod, E.B.           McLeod, J.W.           Moss
Neilson                Nesbitt                Nettles
Ogburn                 Pearce                 Petty
Phillips, L.           Phillips, O.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Short                  Simpson
Snow                   Stoddard               Taylor
Thrailkill             Toal                   Townsend
Tucker                 Washington             Wells
Whipper                White                  Wilder
Wilkins                Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on January 27, 1987.

Tee Ferguson                      Lenoir Sturkie
Jean Harris                       G. Ralph Davenport
Joseph McElveen                   Dave C. Waldrop
Doug E. McTeer                    Jennings G. McAbee
Marion P. Carnell                 Larry L. Koon
John Russell                      Larry E. Gentry
Samuel R. Foster
Total Present--117

LEAVES OF ABSENCE

The SPEAKER granted Rep. WILLIAMS a leave of absence for the week due to illness.

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

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

CONCURRENT RESOLUTION

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

H. 2281 -- Rep. Nettles: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE L.O. "BUDDY" LAMB FOR HIS LOYAL AND DEVOTED SERVICE AS A MEMBER OF THE FLORENCE COUNTY COUNCIL.

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

CONCURRENT RESOLUTION

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

H. 2282 -- Rep. Nettles: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE CARLTON J. "RED" GASKINS OF FLORENCE COUNTY, FORMER MAYOR OF LAKE CITY, FOR HIS DEDICATED AND DEVOTED SERVICE TO THE CITIZENS WHILE SERVING IN THAT OFFICE AND TO EXTEND BEST WISHES UPON HIS RETIREMENT FROM THAT OFFICE.

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

CONCURRENT RESOLUTION

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

H. 2283 -- Reps. Hayes, Nesbitt, Foster and Kirsh: A CONCURRENT RESOLUTION EXTENDING AN INVITATION TO THE WINTHROP COLLEGE CHORALE TO RENDER A MUSICAL PERFORMANCE TO THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON THURSDAY, APRIL 9, 1987.

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

CONCURRENT RESOLUTION

On motion of Rep. BOAN, with unanimous consent, the following was introduced:

H. 2284 -- Rep. Boan: A CONCURRENT RESOLUTION TO INVITE WALTER Y. ELISHA, CHAIRMAN OF THE BOARD AND CHIEF EXECUTIVE OFFICER OF SPRINGS INDUSTRIES, INC., TO ADDRESS A JOINT ASSEMBLY OF THE GENERAL ASSEMBLY AT 12:30 P.M., WEDNESDAY, MARCH 11, 1987.

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

MOTION PERIOD

The motion period was dispensed with on motion of Rep. T. ROGERS.

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

ADJOURNMENT

At 12:25 P.M. the House in accordance with the motion of Rep. T. ROGERS adjourned to meet at 2:00 P.M. tomorrow.

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