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

WEDNESDAY, FEBRUARY 19, 1986

Wednesday, February 19, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

Our gracious God Who has watched over us in all our yesterdays, in Thee is our assurance for today and our hope for tomorrow. We are grateful for these moments of prayer which invite us to look up to Thee. When we look down, we see so much to discourage us; when we look around, we see so much chaos and confusion. So as we travel the drab and dreary path of daily duty, we often fail to look high enough or far enough and so become entangled in the binding wilderness of this world. Teach us then, we pray, to "lift our eyes unto the hills from whence comes our help" and there find horizons waiting to gladden our vision and quiet our anxious hearts. 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. G. BROWN.

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

INVITATIONS

The following were received and referred to the Committee on Invitations and Memorial Resolutions.

May 9, 1985
The Honorable Ramon Schwartz, Jr.
Speaker of the House of Representatives
P. O. Box 11867
Columbia, S. C. 29211

Dear Speaker Schwartz:

The Electric Cooperatives of South Carolina extend an invitation to you and the members of the House of Representatives to attend a Legislative Appreciation Dinner on Tuesday, March 18, 1986, at The Carolina Inn.

There will be a social hour at 6:00 P.M. with dinner being served at 7:00 P.M. Individual invitations will be mailed.

We have cleared this date with Lois Shealy who has reserved March 18th on the House meeting calendar.

Sincerely,
Al J. Ballard
Executive
Vice President

July 5, 1985
Honorable Robert R. Woods
Chairman, House Invitations Committee
P.O. Box 11867
Columbia, SC 29211

Dear Representative Woods:

All the members of the House are cordially invited to breakfast at the Carolina Inn on March 5, 1986 at 8:00 a.m. The breakfast will kick off the annual Legislative Conference of the South Carolina Federation of Business and Professional Womens Clubs.

I would appreciate your including this invitation on the House calendar for 1986. Thank you very much for your assistance in this matter.

Sincerely,
M. Malissa Burnette

August 5, 1985
The Honorable Robert Woods, Chairman
House Invitations Committee
518 B Blatt Building
Columbia, SC 29211

Dear Bob:

The South Carolina Medical Association would like to extend an invitation to the members of the South Carolina General Assembly, clerks and attaches to a reception held in their honor on Wednesday, March 19 from 6:30 p.m. to 9:00 p.m. at the Columbia Marriott.

I would appreciate most sincerely your reserving the date of March 19 for this event.
Respectfully,
Susan J. Nickles, Director
Health Policy Affairs

August 8, 1985
The Honorable Robert R. Woods
House Invitations Committee
Post Office Box 11867
Columbia, South Carolina 29211

Dear Representative Woods:

On behalf of the 8,000 members of the South Carolina Association of REALTORS, we would like to invite the members of the House to our annual "Capitol Conference". The luncheon reception is scheduled to be held on March 26, at the Carolina Inn immediately after you recess for lunch.

We look forward to having the members of the House and their guests with us on March 26.

Sincerely,
Richard F. Davis
Executive Vice President

November 13, 1985
The Honorable Robert R. Woods
Chairman, House Invitations Committee
Post Office Box 11867
Columbia, South Carolina 29211

Dear Representative Woods:

On behalf of the Chief Justice and the Justices of the Supreme Court, the Chief Judge and Judges of the Court of Appeals, and the Circuit Judges, we cordially invite the members of the South Carolina General Assembly, Senators and Representatives, their staffs and attaches, to a reception honoring the members of the Legislature to be held at the Carolina Inn on Tuesday, March 4, 1986, from 6:00 p.m. to 8:00 p.m.

With warm personal regards,

Respectfully, I am
Don S. Rushing
Resident Judge for the
Sixth Judicial Circuit

November 19, 1985
The Honorable Robert R. Woods, Chairman
Invitation Committee
South Carolina House of Representatives
P. O. Box 11867
Columbia, S.C. 29211

Dear Bob:

I would like to take this opportunity to invite the members of the South Carolina House of Representatives to a reception on Tuesday, March 11, 1986. The reception will be held at the Town House at 1615 Gervais Street here in Columbia from 7:30 p.m. to 9:30 p.m.

We appreciate all the work done by the members of the General Assembly and look forward to honoring them with this reception.

Sincerely,
Randy Kiser, President

December 3, 1985
The Honorable Ramon Schwartz, Jr.
Speaker, SC House of Representatives
509A Blatt Building
Columbia, South Carolina 29211

Dear Mr. Speaker:

The Clemson University Board of Visitors would like to invite the House of Representatives, Clerks, Attaches, and Staff to enjoy an evening with us for barbeque, spirits and good fellowship. The date, place and time for this outstanding occasion is Wednesday, March 5th, at Defender Industries' Lake Club House, Sumter Highway, Columbia at 7:00 P.M.

We are all looking forward to being with you for a great evening together.

Very sincerely,
Kathryn C. Inabinet
Executive Chairman

January 28, 1986
The Honorable Robert R. Woods
Chairman, House Invitations Committee
518 B Blatt Building
Columbia, South Carolina 29211

Dear Representative Woods:

The South Carolina Developmental Disabilities Council would like to extend a cordial invitation to the Governor, Lieutenant Governor, and members of the General Assembly to attend a reception at the Alumni House on the University of South Carolina Campus on Wednesday, March 26, 1986 from 6 to 8 p.m.

The DD Council would like to show appreciation for the legislative support demonstrated in past activities/legislation and to share with you the success of our Developmental Disabilities Case Coordination System (DDCCS). In 1979, the Council initiated this project with 75% Federal funding and 25% State in-kind match, to assist the DD population in obtaining needed services within the human services delivery system. Since that time the DDCCS has earned the respect and accolades of clients, families, and service providers.

We would be very pleased if members of the General Assembly would join us in celebrating the success of the DD Council and DD Case Coordination System.

Sincerely,
Robert D. Spencer
Chairman

January 31, 1986
Representative Robert R. Woods
Chairman of Invitations Committee of the House
P. O. Box 11869
Columbia, South Carolina 29211

Honorable Robert R. Woods:

On behalf of the South Carolina Dietetic Association, I would like to invite you to a Legislative Breakfast on Thursday, March 6, 1986. The Breakfast will be held from 8-9 A.M. at the Columbia Marriott Hotel, 1200 Hampton Street, Columbia.

The South Carolina Dietetic Association will be introducing the South Carolina Dietetic Practice Act during the 1986 General Assembly and we would like to take time with you on March 6 to discuss the legislation as well as other nutrition-related issues.

Dietitians from throughout the State will be in attendance and we look forward to meeting you. If you are not able to attend, please send a legislative aide or assistant in your place.

We look forward to seeing you March 6.

Sincerely,
Pam Edwards, M.S., R.D.
South Carolina Dietetic Association
Dietetic Practice Act Chairman

February 4, 1986
The Honorable Liston D. Barfield
Vice-Chairman, House Invitations Committee
518 Blatt Building
Columbia, SC 29201

Dear Mr. Barfield:

The State Ethics Commission would like to extend an invitation to the members of the South Carolina State House of Representatives to attend a coffee on Wednesday, March 26, 1986 from 9:00 to 10:00 a.m. The members and the staff would appreciate this opportunity to commemorate the 10th anniversary of the Commission at the Commission's office in the NBSC Building, Suite 930, 1122 Lady Street.

Each member of the House of Representatives will be invited individually.

I would sincerely appreciate your placing this event on the House calendar.

Sincerely,
Gary R. Baker
Executive Director

February 17, 1986
Invitations Committee
Blatt Building
Columbia, South Carolina

Dear Chairman Woods:

This letter is to serve as an invitation to all House Members to attend a luncheon honoring Solomon Blatt on his 91st birthday. The luncheon will be on March 4 upon recess or adjournment at the Carolina Inn.
Sincerely,
Friends of Mr. Blatt's

The Association of Public Library Administrators of South Carolina invites you to a luncheon with public library trustees, friends, and administrators from throughout South Carolina, Wednesday, March 5, 1986, Carolina Inn, 12:30-2:30 p.m.

Dennis Bruce, President
c/o Spartanburg County Library
Post Office Box 2409
Spartanburg, South Carolina 29304

REPORTS OF STANDING COMMITTEES

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

H. 3285 -- Reps. Keyserling, Sheheen and Huff: A BILL TO AMEND SECTION 13-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE STATE DEVELOPMENT BOARD AS THE AGENCY RESPONSIBLE FOR THE PROMOTION AND DEVELOPMENT OF ATOMIC ENERGY RESOURCES IN THIS STATE, SO AS TO PROVIDE FOR ITS POWERS AND RESPONSIBILITIES IN CARRYING OUT THE PROMOTION AND DEVELOPMENT OF ENERGY RESOURCES RELATED INDUSTRIES.

Ordered for consideration tomorrow.

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

H. 2446 -- Reps. Foxworth, Winstead, Davenport, D. Martin and Kohn: A BILL TO PERMIT SELF-SERVICE GAS FILLING STATIONS TO BE EQUIPPED WITH AN APPROVED AUTOMATIC-CLOSING TYPE PUMP OR DISPENSER NOZZLE WITH A HOLD-OPEN LATCH.

Ordered for consideration tomorrow.

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

H. 2355 -- Rep. Harvin: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO PROSCRIBE THE FAILURE TO PROVIDE HUMANE CARE AND TREATMENT AND VETERINARY CARE AND TO INCREASE THE PENALTIES.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:

S. 1009 -- Senators Waddell, J. Verne Smith and Horace C. Smith: A JOINT RESOLUTION TO PROVIDE FOR A THREE-HUNDRED-DOLLAR LIMIT ON SALES AND USE TAXES ON THE GROSS PROCEEDS OF THE SALE OF EACH ITEM OF MACHINERY FOR RESEARCH AND DEVELOPMENT DURING THE PERIOD BEGINNING JULY 1, 1986, AND ENDING JUNE 30, 1991, AND PROVIDE DEFINITIONS RELATING TO THE LIMITATION AND TO EXEMPT FROM COUNTY AD VALOREM TAXES FOR FIVE YEARS FACILITIES OF NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT LOCATED IN THIS STATE DURING THE PERIOD BEGINNING JULY 1, 1986, AND ENDING JUNE 30, 1991, AND TO PROVIDE DEFINITIONS RELATING TO THE EXEMPTION.

Ordered for consideration tomorrow.

Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 724 -- Senators Lourie, K. Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO INVITE MAJOR GENERAL ROBERT B. SOLOMON, COMMANDING GENERAL OF THE UNITED STATES ARMY TRAINING CENTER AT FORT JACKSON, SOUTH CAROLINA, TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 5, 1986.

S. 724--ADOPTED

Rep. TOAL asked unanimous consent to take the following Concurrent Resolution up for immediate consideration.

S. 724 -- Senators Lourie, K. Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO INVITE MAJOR GENERAL ROBERT B. SOLOMON, COMMANDING GENERAL OF THE UNITED STATES ARMY TRAINING CENTER AT FORT JACKSON, SOUTH CAROLINA, TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 5, 1986.

Rep. J. BRADLEY objected.

Rep. TOAL explained the Resolution and asked unanimous consent to take the Resolution up for immediate consideration, which was agreed to.

S. 724 -- Senators Lourie, K. Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO INVITE MAJOR GENERAL ROBERT B. SOLOMON, COMMANDING GENERAL OF THE UNITED STATES ARMY TRAINING CENTER AT FORT JACKSON, SOUTH CAROLINA, TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 5, 1986.

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

That Major General Robert B. Solomon, Commanding General of the United States Army Training Center at Fort Jackson, South Carolina, is invited to address a joint session of the General Assembly in the Hall of the House of Representatives at 12:00 noon on Wednesday, March 5, 1986.

The Concurrent Resolution was adopted and ordered returned to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3509 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION TO RECOGNIZE VFW POST 3447 IN GAFFNEY UPON ITS FIFTIETH ANNIVERSARY CELEBRATION THIS MONTH AND FOR ITS LONG HISTORY OF COMMUNITY SERVICE.

Whereas, VFW Post 3447 in Gaffney observed its Fiftieth Anniversary on February 8, 1986; and

Whereas, the formation of the post began in 1936 with the members meeting over Mace Pennington's Cafe, which is now the Stag Shop, where the meetings continued until the Legion Hut was built in 1937; and

Whereas, the sole surviving charter member of the post is Jamie Upton, World War I veteran, and early members were the late Mace Pennington and the late Bodie Bolin; and

Whereas, VFW Post 3447 has a long history of community service including the hospital bond issue, school lunch program, voting campaign, Gaffney Sesquicentennial, and the establishment of the Earl Clary football trophy; and

Whereas, Gaffney Mayor Johnny Little issued a proclamation recognizing the post and its auxiliary for its long record of service to the community and fellow veterans and their dependents and survivors. Now, therefore,

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

That the members of the General Assembly recognize VFW Post 3447 in Gaffney upon its Fiftieth Anniversary celebration this month and for its long history of community service.

Be it further resolved that a copy of this resolution be forwarded to VFW Post 3447.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3510 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE DOUGLAS A. REEVES FAMILY OF THE REEVESVILLE COMMUNITY IN DORCHESTER COUNTY ON BEING THE RECIPIENT OF THE MASTER FARM FAMILY AWARD SPONSORED BY CLEMSON UNIVERSITY EXTENSION SERVICE AND PROGRESSIVE FARMER MAGAZINE AND TO EXTEND BEST WISHES FOR CONTINUED SUCCESS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3511 -- York Delegation: A CONCURRENT RESOLUTION CONGRATULATING MR. ERIC GENE LESSMEISTER OF YORK COUNTY UPON BEING CHOSEN A 1985-86 RECIPIENT OF THE R.L. BRYAN OUTSTANDING SCHOOL ADMINISTRATOR OF SOUTH CAROLINA AWARD AND COMMENDING HIM FOR HIS OUTSTANDING DEDICATION TO PUBLIC EDUCATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1022 -- Senator Dennis: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF SERGEANT EARL SINGLETON OF HUGER, BERKELEY COUNTY, A MEMBER OF THE PEACEKEEPING FORCES ON DUTY IN THE MIDDLE EAST.

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. 1023 -- Senators Leventis and McLeod: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF PRIVATE FIRST CLASS JOHNNY BROWN OF SUMTER, A MEMBER OF THE PEACEKEEPING FORCES ON DUTY IN THE MIDDLE EAST.

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. 1025 -- Senator Peeler: A CONCURRENT RESOLUTION TO RECOGNIZE VFW POST 3447 IN GAFFNEY UPON ITS FIFTIETH ANNIVERSARY CELEBRATION THIS MONTH AND FOR ITS LONG HISTORY OF COMMUNITY SERVICE.

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. 1026 -- Senators Giese and Courson: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS, FACULTY, AND STAFF OF JOSEPH KEELS ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT NO. 2 UPON THE SCHOOL BEING NAMED AS ONE OF "PALMETTO'S FINEST" BY THE SOUTH CAROLINA ASSOCIATION OF ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS.

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

INTRODUCTION OF BILLS

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

H. 3512 -- Reps. Altman, Snow and Pearce: A BILL TO AMEND SECTION 50-17-890, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF WHOLESALE SHELLFISH DEALERS, SO AS TO PROVIDE AN ADDITIONAL PENALTY WHICH REQUIRES ANY PERSON WHO REFUSES TO MAKE OPEN AND AVAILABLE ACCURATE RECORDS, BOOKS, OR ACCOUNTS, REQUIRED BY THIS SECTION TO LAW ENFORCEMENT OFFICERS OR DIVISION OF MARINE RESOURCES PERSONNEL, GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL HAVE HIS LICENSE OR PERMIT, OR BOTH, SUSPENDED FOR A PERIOD OF THIRTY DAYS FROM THE DATE OF CONVICTION.

Referred to Committee on Agricultural and Natural Resources.

H. 3513 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "COMMISSION" UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO CHANGE THE NAME OF THE COMMISSION FROM THE SOUTH CAROLINA INDUSTRIAL COMMISSION TO THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-3-10, RELATING TO THE CREATION AND THE DEPARTMENTS OF THE INDUSTRIAL COMMISSION, SO AS TO REFER THEREIN TO THE WORKERS' COMPENSATION COMMISSION IN ACCORDANCE WITH THE NAME CHANGE; TO PROVIDE THAT ANY OTHER REFERENCE IN THE 1976 CODE OR OTHER STATUTES TO THE "SOUTH CAROLINA INDUSTRIAL COMMISSION" OR "INDUSTRIAL COMMISSION" IS CHANGED TO THE "SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION"; AND TO PROVIDE THAT STATE AGENCIES AND DEPARTMENTS AND POLITICAL SUBDIVISIONS OF THE STATE SHALL EXHAUST THE USE OF ALL CURRENT FORMS, STATIONERY, AND OTHER PRINTED MATERIAL BEFORE USING, PRINTING, OR PREPARING ANY NEW FORMS, STATIONERY, OR PRINTED MATERIAL REFLECTING THE CHANGE MADE IN THIS ACT.

Without reference.

H. 3514 -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE FISCAL YEAR 1986-87 ONLY MORE THAN TWENTY-FIVE PERCENT OF A COUNTY'S "C" FUNDS MAY BE USED FOR ROCKING OR IMPROVING COUNTY ROADS AND STREET AND TRAFFIC SIGNS.

Without reference.

H. 3515 -- Rep. Waldrop: A BILL TO AMEND SECTION 50-11-4320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FOOT-HOLD TRAPS OR LIKE DEVICES, SO AS TO PROVIDE THAT FOOT-HOLD TRAPS MAY BE USED IN GAME ZONE NO. 2 WITH THE APPROVAL OF A MAJORITY OF THE LEGISLATIVE DELEGATION REPRESENTING THE GAME ZONE.

Referred to Committee on Agriculture and Natural Resources.

H. 3516 -- Reps. Lake, Washington, Petty, Stoddard, Blackwell, Hawkins, Ferguson, Shelton, McKay, Mattos, Alexander, Rice, S. Anderson, G. Bailey, Day, Simpson, L. Martin and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450 SO AS TO PROHIBIT THE USE OF A STUDENT'S GRADES AS A METHOD OF PUNISHMENT FOR CONDUCT UNRELATED TO THE STUDENT'S ACADEMIC PERFORMANCE.

Referred to Committee on Education and Public Works.

H. 3517 -- Reps. Huff, Jones, Sharpe and Woodruff: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE, BY JULY 1, 1987, REGULATIONS WHICH WOULD REQUIRE A HEALTH WARNING ON SMOKELESS TOBACCO PRODUCTS SOLD IN THIS STATE.

Referred to Committee on Agriculture and Natural Resources.

ROLL CALL

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

Schwartz               Alexander              Altman
Anderson, J.           Anderson, S.           Arthur, J.
Aydlette               Bailey, G.             Barfield
Beasley                Blackwell              Blanding
Boan                   Bradley, J.            Bradley, P.
Brett                  Brown, G.              Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Cleveland              Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Edwards                Evatt
Faber                  Fair                   Felder
Ferguson               Foster                 Foxworth
Freeman                Gentry                 Gilbert
Gregory                Harris, P.             Hawkins
Hayes                  Hearn                  Helmly
Hendricks, B.          Hendricks, L.          Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Kohn
Koon                   Lake                   Limehouse
Lockemy                Mangum                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McKay
McLellan               McLeod                 McTeer
Moss                   Neilson                Ogburn
Pearce                 Petty                  Phillips, L.
Phillips, O.           Rawl                   Rhoad
Rice                   Rogers, J.             Rogers, T.
Russell                Sharpe                 Sheheen
Shelton                Short                  Simpson
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Waldrop
Washington             White                  Wilkins
Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 19, 1986.

John J. Snow, Jr.                 Charles L. Griffin III
H. Larry Mitchell                 Ken Bailey
L. Edward Bennett                 Lenoir Sturkie
B. J. Gordon                      Tom Marchant
Tom G. Woodruff Jr.               Rick Rigdon
Dick Elliott                      Gene Stoddard
E. Crosby Lewis
Total Present--117

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. HARRIS a leave of absence for the day due to illness.

STATEMENT OF ATTENDANCE

Rep. A.V. RAWL signed a statement with the Clerk that he came in after the roll call and was present for the Session on Tuesday, February 11, 1986.

STATEMENT OF ATTENDANCE

Reps. R. BROWN AND T.E. HUFF signed a statement with the Clerk that they came in after the roll call and were present for the Session on Thursday, February 13, 1986.

STATEMENT OF ATTENDANCE

Rep. EDWARDS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 18, 1986.

DOCTOR OF THE DAY

Announcement was made that Walter J. Roberts of Columbia, is the Doctor of the Day for the General Assembly.

H. 3310--DEBATE ADJOURNED

Rep. KEYSERLING moved to adjourn debate upon the following Bill until Tuesday, February 25, 1986, which was adopted.

H. 3310 -- Reps. Keyserling and White: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EDUCATION OF BEAUFORT COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, AND TO PROVIDE FOR THE MEMBERS' TERMS, VACANCIES, NOTICE OF ELECTION, PETITION, AND PLACEMENT OF NAMES ON THE BALLOT.

H. 2582--OBJECTION WITHDRAWN AND OBJECTIONS

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 7, Rep. DAVENPORT having the floor.

H. 2582 -- Rep. Davenport: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO SELL ANY SUBSTANCE OR MATERIAL FOR USE UPON THE WINDSHIELD OR WINDOW GLASS OF A MOTOR VEHICLE THAT WOULD RENDER THE WINDSHIELD OR WINDOW GLASS TO BE IN NONCOMPLIANCE WITH FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 205, TO MAKE IT UNLAWFUL FOR ANY PERSON TO INSTALL A WINDSHIELD OR WINDOW GLASS IN A MOTOR VEHICLE OR PLACE ANY SUBSTANCE OR MATERIAL UPON ANY WINDSHIELD OR WINDOW GLASS THAT WOULD REDUCE LIGHT TRANSMITTANCE MORE THAN THIRTY PERCENT OR THAT PRODUCES A MIRROR OR METALLIC APPEARANCE WHEN VIEWED BY A PERSON OUTSIDE THE VEHICLE, TO MAKE IT UNLAWFUL FOR A VEHICLE SO EQUIPPED TO BE OPERATED, AND TO PROVIDE PENALTIES.

Rep. McABEE objected to the Bill.

Rep. LIMEHOUSE withdrew his objection to the Bill.

AMENDMENT NO. 7

Debate was resumed on Amendment No. 7, which was introduced on Tuesday, February 18, by Rep. DAVENPORT.

Rep. DAVENPORT continued speaking and asked unanimous consent to strike Item No. 2 under Section D "privacy drapes, curtains, or blinds," which was agreed to.

POINT OF ORDER

Rep. McABEE raised the Point of Order that the House was not in the Withdrawal of Objections period, therefore it was improper for an objection to be withdrawn from the Bill.

The SPEAKER stated that the Bill was still before the House for consideration, the withdrawal was proper, and he overruled the Point of Order.

Rep. CARNELL objected to the Bill.

H. 3040--TABLED

The following Bill was taken up.

H. 3040 -- Reps. Sheheen, Kirsh and Shelton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-32 SO AS TO AUTHORIZE COUNTY COUNCILS TO ISSUE SUBPOENAS AND TO CONDUCT INVESTIGATIONS OF THE DEPARTMENTS OF COUNTY GOVERNMENT AND PUNISH FOR CONTEMPT.

Rep. SHEHEEN moved to table the Bill.

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

The Bill was then tabled by a division vote of 51 to 6.

H. 3227--DEBATE ADJOURNED

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

H. 3227 -- Reps. Sharpe, Helmly, Woods, J. Harris and P. Harris: A BILL TO AMEND SECTION 44-51-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO AUTHORIZE IT TO PROVIDE CARE AND TREATMENT FOR INVOLUNTARY ADMISSIONS OF ALCOHOL AND DRUG ABUSE PATIENTS.

H. 2607--DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, March 18, which was adopted.

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.

ORDERED TO THIRD READING

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

S. 885 -- Finance Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 1986 ONLY, ALL COUNTIES WITH A POPULATION OF TWENTY-FIVE THOUSAND OR LESS AS DETERMINED BY THE MOST RECENT OFFICIAL UNITED STATES CENSUS, WHICH ARE NOT OTHERWISE DESIGNATED AS A LESS DEVELOPED AREA OF THE STATE PURSUANT TO SECTION 12-7-616 OF THE 1976 CODE FOR PURPOSES OF THE TAX CREDIT FOR NEW JOBS, ARE ALSO CONSIDERED A LESS DEVELOPED AREA FOR PURPOSES OF THIS TAX CREDIT FOR NEW JOBS.

Rep. McLELLAN explained the Joint Resolution.

H. 3500 -- Rep. Cooper: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE PELZER RESCUE SQUAD.

S. 885--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. McLELLAN, with unanimous consent, it was ordered that S. 885 be read the third time tomorrow.

S. 344--OBJECTIONS

The following Bill was taken up.

S. 344 -- Senators Lee, Land and Courson: A BILL TO AMEND SECTIONS 56-5-4030, 56-5-4070, AND 56-5-4140, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTHS AND WIDTHS OF VEHICLES AND COMBINATIONS OF VEHICLES, SO AS TO ALLOW VEHICLE WIDTHS OF 102 INCHES ON INTERSTATE HIGHWAYS AND OTHER ROADS TO BE DESIGNATED, TO PERMIT AND REGULATE THE USE OF TWO AND THREE UNIT COMBINATIONS OF VEHICLES ON THE INTERSTATE HIGHWAY SYSTEM AND OTHER ROADS TO BE DESIGNATED, AND TO INCLUDE THE FEDERAL BRIDGE FORMULA FOR ALLOWABLE VEHICLE WEIGHTS ON THE INTERSTATE HIGHWAY SYSTEM; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-4075 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ESTABLISH REGULATIONS FOR IMPLEMENTATION.

Reps. TOAL, P. BRADLEY AND FOXWORTH objected to the Bill.

H. 3386--OBJECTION AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3386 -- Reps. Thrailkill, Pearce, Stoddard, L. Phillips, Rhoad, Sharpe, Barfield, Kirsh and H. Brown: A BILL TO AMEND ACT 512 OF 1984, AS AMENDED, (THE EDUCATION IMPROVEMENT ACT OF 1984), SO AS TO DELAY BY TWO YEARS, UNTIL 1988-89, THE REQUIREMENT FOR A PUPIL-TEACHER RATIO OF TWENTY-FIVE TO ONE OR LESS IN LANGUAGE ARTS AND MATHEMATICS CLASSES IN GRADES SEVEN THROUGH TWELVE IN SCHOOL DISTRICTS WITH A STUDENT POPULATION IN EXCESS OF NINE THOUSAND.

Rep. P. BRADLEY objected to the Bill.

POINT OF ORDER

Rep. TOAL raised the Point of Order that the Bill amends a section of the Education Improvement Act and expends state revenue, therefore it should be referred to the Committee on Ways and Means.

The SPEAKER, after referring to the attached Fiscal Impact Statement, stated the Bill did not expend or divert state revenue, and he overruled the Point of Order.

Rep. TOAL moved to commit the Bill to the Committee on Ways and Means.

Rep. BEASLEY moved to table the motion.

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

Yeas 38; Nays 23

Those who voted in the affirmative are:

Altman                 Arthur, J.             Bailey, G.
Barfield               Beasley                Brown, H.
Burriss, J.H.          Chamblee               Cleveland
Cooper                 Cork                   Davenport
Day                    Fair                   Gentry
Hayes                  Helmly                 Hendricks, B.
Hendricks, L.          Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Kirsh
Limehouse              Lockemy                Martin, L.
Neilson                Nettles                Pearce
Petty                  Phillips, L.           Phillips, O.
Rogers, J.             Sharpe                 Simpson
Thrailkill             Townsend

Total--38

Those who voted in the negative are:

Alexander              Anderson, S.           Blackwell
Boan                   Bradley, P.            Brett
Brown, R.              Burriss, M.D.          Ferguson
Foster                 Gilbert                Gregory
Hearn                  Huff                   McKay
McTeer                 Rawl                   Rice
Rogers, T.             Taylor                 Toal
Washington             White

Total--23

So, the motion to table was agreed to.

Further proceedings were interrupted by a House Assembly, the pending question being consideration of the Bill.

ADDRESS BY WILLIAM HENDERSON TANNER, JR.

The Reading Clerk of the House read the following House Resolution:

H. 3400 -- Reps. Aydlette, Winstead, Foxworth, Rawl and Holt: A HOUSE RESOLUTION TO INVITE MR. WILLIAM HENDERSON TANNER, JR., OF JAMES ISLAND, WHO DISTINGUISHED HIMSELF IN A JOINT FBI-NAVY COUNTERINTELLIGENCE OPERATION THAT LED TO THE APPREHENSION OF AN EAST GERMAN SPY, TO ADDRESS THE HOUSE OF REPRESENTATIVES AT 2:30 P.M. ON WEDNESDAY, FEBRUARY 19, 1986.

Mr. Tanner and distinguished party were escorted to the rostrum by Reps. AYDLETTE, J. BRADLEY, DANGERFIELD, FOXWORTH, HOLT, KOHN, D. MARTIN, RAWL, WASHINGTON AND WINSTEAD.

Rep. AYDLETTE introduced the honored guest as follows:

"Ladies and Gentlemen. At a point in time when there are indeed few American Heroes in our country, we here in South Carolina are fortunate to have several living here among us.

Webster defines the word 'hero' for us as 'a man noted for courageous acts or nobility of purpose, especially one who has risked or sacrificed his life.' The person I am about to introduce to you certainly qualifies in those respects.

It is most assuredly noble and courageous when a person who is toiling in the vineyard, earning his daily bread is tapped on the shoulder by his country and asked to defend it in a quiet, clandestine manner. And when defending your country means dealing with international spies in many different countries of the world, even behind the Iron Curtain, you are most assuredly risking your life for your country.

With all of this in mind, I wonder how many of us right here, right now would be up to accepting this challenge? I personally wonder how I would react? I wonder when I would have become so scared that I couldn't perform any more?

Thank God for people like our guest. Even though he was afraid for his own life most of the time, he remained up to his country's challenge.

Ladies and gentlemen, it is with great pride that I give you a real American and South Carolina hero, my friend, William H. 'Bill' Tanner."

Mr. Tanner:

"Thank you very much, Representative Aydlette, for those kind words. Mr. Speaker, honorable members of the House of Representatives of the State of South Carolina, it is indeed a great privilege and honor for me to speak to you today. I appreciate this opportunity.

In the weeks following such a terrible national tragedy as that which happened to our space shuttle 'Challenger' and its precious cargo of seven courageous Americans, any remarks I might have regarding my role in an espionage counterintelligence operation seem somewhat insignificant to me. However, I will attempt to present some food for thought, and share some of my experiences with you today.

Speaking simply as one citizen of this great State, the value of the service that, individually and collectively, you perform for all its citizens is beyond measure, in my estimation. The office that each of you holds is one of high trust, one that calls you to a higher level of performance, dedication to principle, and even courage. I suppose there are many challenges that come before you that require difficult decisions - decisions about the right thing to do. Dr. Ronald McNair, the astronaut, who was especially honored in memoriam recently in his hometown of Lake City, did the right thing, I believe. The possibility of it costing him the ultimate price obviously did not deter him. Charles Dewey Huggins, my grandfather, who served in this House from 1940 until 1946 would say - 'We must do the right thing, always!'. He had the courage of his convictions and considered integrity most important. He called the Bible his lawbook, and did not believe in a double standard of ethics. I believe very high standards exist in this Legislature today, and I commend you for it.

Now, if you will indulge me, I pose the question - 'Why do the right thing?' Quite simply, it's a matter of responsibility. For what are we responsible? To whom are we responsible? We might ask ourselves these questions. I admit I did when I was asked to participate in an undercover operation against a member country of the Soviet Bloc that was possibly involved in espionage. The thought, 'It's not my job, not my responsibility', crossed my mind, but not for long. The right thing to do was evident, the opportunity to serve was at hand, and I agreed to do it.

My role in this operation was as a double agent, a counterintelligence operative, if you will. I posed as a dissident person who was in a position to provide information pertaining to the defense and security of this nation, who was willing to sell my country's secrets to a foreign power for money. Greed, the thing that evil-doers are motivated by, was my pretense.

Because of the seriousness and enormity of the threat - espionage by our adversaries, theft of our technology, counterintelligence activities are necessary and vital to protect our military secrets and technology. To quote a knowledgeable source, 'The Soviets and the Soviet Bloc have closed a ten-year technology gap to two in the past ten years, primarily by theft - espionage. Counterintelligence encompasses several objectives. Among these are information gathering, deterrence to hostile intelligence groups to conduct activities and accept real traitors, and misinformation, to name a few.

My recruitment by the Federal Bureau of Investigation and Naval Investigative Service took place in early 1981. I received some training in the ensuing eight months, and by December things were right for the encounter with the hostile intelligence service. My first contact was at the embassy of the German Democratic Republic in Washington, D.C. on December 14, 1981. The East German MFS (E.G.I.S.-East German Intelligence Service) was initially represented by the consul there, Johannes Gunther, and later by other agents and intelligence officers. The MFS, right from the start, displayed an interest in buying military and technological information and was willing to pay generously. After several meetings at their embassy in Washington, the MFS directed me to meet with them outside the United States. They had me go to places like Mexico City. On my second trip to Mexico, I met Dr. Alfred Zehe, who was the technical expert, who was to evaluate the material I was passing, and who was assigned to be my handler, as they say in the business. Dr. Zehe was a world-ranked physicist, an exchange scholar who was Professor of Physics at Puebla University outside Mexico City, presumably conducting his espionage activities out of there for some nine years. Dr. Zehe gave me detailed training in special photographic techniques during a meeting in Mexico City. On many occasions, I was given money for material I gave to them. Again, money was no object to them. The amounts were related to the worth of the information that I gave to them. This material had prior clearance by the appropriate authorities for me to pass, of course, and all the monies I received from the MFS were turned over to the FBI.

During one of several meetings with Dr. Zehe, he asked me to come to East Berlin in July of 1983. Considering the difficulty I might have explaining an extended trip to Europe to my wife, he suggested that I take her along. Bear in mind, now, Shirley, my wife, had no knowledge of what I was involved in. She had only been given a very brief, innocuous explanation that I was working with the FBI and NIS on a job for the country, and an explanation would be given at the appropriate time. At any rate, I had sort of promised her early in our marriage that I would one day take her on a European vacation, so I just told her this was it -- that I had set aside some money over the years, and we were going. Never did I dream it would be under these circumstances, though! If she had known the real purpose for the trip, she just might have let me renege on my promise, I'll bet. Let me say, I am certainly grateful for her patience and understanding during this entire operation.

Dr. Zehe gave me money for a two week trip, and directed me to meet him at Alexanderplatz in East Berlin on July 28. Shirley and I made plans, and traveled to Europe. I arranged for us to be in Frankfurt, West Germany on July 27. On the morning of the 28th, I got up about 6:00 a.m., got dressed, and handed her a note with a telephone number on it. I told her if I were not back by midnight, to go outside the hotel to a pay telephone, call the number on the note and state her first name. She would then be directed as to what to do. I think at about this time she began to add two and two, and figured out what was going on, but to her credit, she continued to cooperate and didn't ask any questions. I left the hotel, went to the airport and caught a flight to Berlin.

Upon arriving in Berlin, I rode the U-Bon (subway) to Friederichstrasse, a checkpoint at the Berlin Wall, obtained a 12-hour visa, and crossed the border. I had been wondering why they wanted me behind the Iron Curtain. I knew that once I crossed the border I was on my own, with no one to turn to for help, should I need it. The thing that sustained me, though, was my faith in God.

I concluded that they wanted me there for one of two reasons: one, they wanted to a do a higher level assessment of me and possibly give me more training in photographic techniques, etc., or two, they had discovered that I was a double agent and wanted me on their turf for actions against me--incarceration or worse. Thank God, it was for the former reason, obviously. As I stepped off of the train at Alexanderplatz in East Berlin, the stark reality of what life is really like on that side of the wall struck me almost immediately. I could see that 'look of despair' in their faces. The bleakness, the lack of color, of flowers, or new buildings was evident everywhere. Some of the bombed-out buildings from World War II still lie in ruins and rubble. It just gave me an even greater appreciation for the good ole U.S.A.

Anyway, I made my way to the pre-arranged meeting place and met with Dr. Zehe. He drove me to a 'safe house' where I was interrogated and talked to for some eight hours. Apparently, I passed the test and was what they thought I was, at least in their minds, and they were interested in a long-term arrangement. They weren't necessarily interested in what I could sell them today or tomorrow, but in a long-term arrangement. I would draw a parallel to the Walker situation, which I'm sure you're all familiar with. I did make the last flight back to Frankfurt. When I arrived back at the hotel, of course before midnight, my wife was getting dressed to go out and make that phone call.

The operation continued on until it was decided late in 1983 that Dr. Zehe would be arrested when he came into the United States. Now, previous to this, Dr. Zehe had not met with me anywhere inside the United States, in consideration of the fact that he did not have diplomatic immunity. On November 3rd, he was arrested in Boston, Massachusetts while there to attend an international conference of the American Vacuum Society. He was subsequently charged with eight counts of espionage. On the day before his trial was to begin, some fifteen months later, he pleaded guilty to all counts.

Shortly after sentencing, in June of 1985, he was traded, along with three other spies that we were holding in prison, to East Germany for twenty-five people they held prisoner. Negotiations for the three other spies had been going on for some two years, but the opportunity for the East Bloc to retrieve Dr. Zehe put the cap on the trade agreement. This trade is considered to be the most successful and significant spy swap in post-war history.

Quoting a Justice Department prosecutor who was a member of the American team greeting the prisoners being released by East Germany, 'What I'll remember most in my career is not an arrest or a conviction, but the exchange of those 25 prisoners -- the look on their faces, their reactions. I was quite moved by what I saw.'

This case is considered to be a landmark case in several respects. One, it established case law, settling the extra-territorial jurisdiction question. This pertained to the first espionage case wherein there was an arrest and successful prosecution of a non-U.S. citizen who interacted with a U.S. double agent exclusively outside the United States. It was also the first East German arrested for espionage against the United States. Further, this case clearly illustrates how hostile intelligence services like the E.G.I.S. employ scholars to engage in espionage activities.

Well, how about here at home in South Carolina? I don't know how many spies might be operating in the state, but my guess is that there is considerable interest around our military bases and high-tech industry. We must remain aware and on guard. These people are dead serious about their objectives -- I am convinced of that.

In conclusion, let me briefly relate an event in my life which greatly influenced my attitudes, something I take particular pride in. At about the age of twelve, I participated in a Voice of Democracy contest and was fortunate enough to be selected as winner. I was then asked to deliver that speech again, this time on a statewide radio hook-up. But I guess it wasn't until I began to recite those words to the people of South Carolina that I began to understand what democracy really is. It is not often that an ordinary citizen such as myself has the opportunity and privilege to serve his country in a way such as this. So many have paid such a great price for what we enjoy today. Would I do it again? Without hesitation. If it's not done in love, it has no value. I feel fortunate indeed. I would have to say my greatest satisfaction is taken from participation in one successful battle in the larger struggle between democracy and communism.

Thank you.

Speaker Schwartz:

"Mr. Tanner, I know that I need not tell you, you could observe from the very rapt attention that you commanded from the members of this House of Representatives, the deep appreciation that we have for your courage, your bravery, your willingness to serve, and throughout it all, looking at your service as a privilege, to us you represent what is best about this country and South Carolina. We appreciate most sincerely your contributions to your country and your state. Thank you, sir. Mr. Aydlette".

Rep. Aydlette:

"Bill, before you leave, the Governor has asked me to present you with the Order of the Palmetto for your accomplishments in this state."

Mr. Tanner:

"May I just simply say to the Governor, in his absence, and to each of you, that this is beyond my words, and very simply, thank you very much."

Upon the conclusion of his address, Mr. Tanner and his escort party retired from the Chamber.

H. 3386--OBJECTIONS

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

H. 3386 -- Reps. Thrailkill, Pearce, Stoddard, L. Phillips, Rhoad, Sharpe, Barfield, Kirsh and H. Brown: A BILL TO AMEND ACT 512 OF 1984, AS AMENDED, (THE EDUCATION IMPROVEMENT ACT OF 1984), SO AS TO DELAY BY TWO YEARS, UNTIL 1988-89, THE REQUIREMENT FOR A PUPIL-TEACHER RATIO OF TWENTY-FIVE TO ONE OR LESS IN LANGUAGE ARTS AND MATHEMATICS CLASSES IN GRADES SEVEN THROUGH TWELVE IN SCHOOL DISTRICTS WITH A STUDENT POPULATION IN EXCESS OF NINE THOUSAND.

Rep. TOAL explained the Bill.

LEAVE OF ABSENCE

The SPEAKER granted Reps. K. BAILEY AND MITCHELL a leave of absence for the remainder of the day.

Rep. TOAL continued speaking.

Reps. TOAL, TAYLOR, BOAN, T. ROGERS, FABER, KEYSERLING, J.W. JOHNSON, WINSTEAD, HOLT, ALEXANDER, FOXWORTH, BRETT, P. BRADLEY, RAWL, KLAPMAN and R. BROWN objected to the bill.

H. 2829--COMMITTED

The following Bill was taken up.

H. 2829 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 59, SO AS TO ESTABLISH A PROGRAM OF HEALTH SERVICES FOR ALL SCHOOL AGE CHILDREN FOR EARLY DETECTION OF HEALTH PROBLEMS BY REQUIRING COMPREHENSIVE HEALTH APPRAISALS FOR CHILDREN PRIOR TO INITIAL SCHOOL ENTRY, AND REQUIRING PERIODIC SCREENINGS FOR EARLY DETECTION OF VISION, HEARING, AND DENTAL PROBLEMS, SCOLIOSIS, AND ELEVATED BLOOD PRESSURE.

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

LEAVE OF ABSENCE

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

H. 3302--DEBATE ADJOURNED

The following Bill was taken up.

H. 3302 -- Rep. Kohn: A BILL TO AMEND SECTION 38-37-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY SO AS TO REQUIRE THE FACILITY TO REINSURE A RISK COVERED UNDER ANY POLICY OF LIABILITY INSURANCE WRITTEN OR OFFERED FOR ANY VEHICLE LICENSED OR OTHERWISE THAT IS LEGALLY AUTHORIZED TO TRAVEL ON THE PUBLIC STREETS AND HIGHWAYS OF THIS STATE.

Rep. KOHN moved to adjourn debate upon the Bill until Tuesday, February 25, which was adopted by a division vote of 49 to 6.

H. 2915--INTERRUPTED DEBATE

The following Joint Resolution was taken up.

H. 2915 -- Rep. McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO DELETE OBSOLETE LANGUAGE AND LIMIT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY TO FORTY LEGISLATIVE DAYS UNLESS EXTENDED BY A VOTE OF THREE-FOURTHS OF THE MEMBERS ELECTED TO BOTH HOUSES.

Rep. McEACHIN explained the Joint Resolution.

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

RECURRENCE TO THE MORNING HOUR

Rep. BRETT moved that the House recur to the morning hour, which was agreed to.

H. 2814--NON-CONCURRENCE IN SENATE AMENDMENTS

The Senate Amendments to the following Bill were taken up for consideration.

H. 2814 -- Reps. Winstead and S. Anderson: A BILL TO AMEND SECTION 44-55-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FURNISHING OF CERTAIN HEALTH DEPARTMENT PERMITS TO SELLERS OF MOBILE HOMES SO AS TO REVISE THE PROVISIONS OF THIS SECTION.

On motion of Rep. S. ANDERSON the House non-concurred in the Senate Amendments, and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The following was introduced:

H. 3518 -- Rep. Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF WILBUR KEADLE OF WAGENER UPON HIS DEATH.

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

CONCURRENT RESOLUTION

Rep. BARFIELD asked unanimous consent to take the following Resolution up for immediate consideration.

Rep. SHEHEEN objected.

S. 888 -- Senator Hayes: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 13, 1986, AND SATURDAY, JUNE 14, 1986.

The Concurrent Resolution was ordered placed on the Calendar.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1027 -- Senators Branton and McLeod: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF CORPORAL JOSEPH DIVENTURA OF SUMMERVILLE, BERKELEY COUNTY, A MEMBER OF THE PEACEKEEPING FORCES ON DUTY IN THE MIDDLE EAST.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3521 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. EDWARD MCELVEEN, JR., LEE COUNTY ADMINISTRATOR, FOR HIS MANY YEARS OF UNSELFISH AND DEDICATED SERVICE TO THE CITIZENS OF LEE COUNTY AND TO EXTEND EVERY BEST WISH UPON HIS RETIREMENT.

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

INTRODUCTION OF BILLS

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

H. 3519 -- Reps. Tucker, Toal, Huff and Sheheen: A BILL TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO A CHEMICAL BREATH TEST TO DETERMINE THE ALCOHOLIC CONTENT OF A DRIVER'S BLOOD AND THE SUSPENSION OF THE DRIVER'S LICENSE FOR REFUSAL TO TAKE THE TEST, SO AS TO PROVIDE THAT THE PRESUMPTIONS CONTAINED IN THE SECTION IN REGARD TO DRIVING UNDER THE INFLUENCE OF ALCOHOL AS A RESULT OF A CHEMICAL BREATH TEST ALSO APPLY TO ANY TEST OF URINE, BLOOD, OR OTHER BODY SUBSTANCE OF THE DEFENDANT.

Referred to Committee on Judiciary.

H. 3520 -- Rep. Russell: A BILL TO AMEND SECTION 16-23-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO CRIMINAL PROVISIONS RELATING TO MACHINE GUNS AND SAWED-OFF SHOTGUNS, SO AS TO EXEMPT FROM THE PROVISIONS PERSONS OBTAINING A SPECIAL LICENSE, AND TO AMEND THE 1976 CODE BY ADDING SECTION 23-31-370 SO AS TO PROVIDE FOR A SPECIAL TEMPORARY LICENSE ISSUED BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO PERSONS WHOSE OCCUPATIONS REQUIRE THEM TO POSSESS, TRANSPORT, AND SELL MACHINE GUNS IN THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

S. 259 -- Banking and Insurance Committee: A BILL TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS, AND TO EXEMPT THE POOL FROM TAXATION, ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, PROVIDE FOR THE CONTINUATION OF COVERAGE UNDER THE GROUP HEALTH PLAN, AND TO REPEAL SECTION 38-35-946 OF THE 1976 CODE, RELATING TO MANDATORY CONVERSION OF GROUP HEALTH POLICY.

Referred to Committee on Labor, Commerce and Industry.

S. 766 -- Senator Pope: A BILL TO AMEND ARTICLE 1 OF CHAPTER 3 OF TITLE 15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-150 SO AS TO PROVIDE THAT NO CIVIL ACTION MAY BE BROUGHT IN THIS STATE FOR THE TORTS OF CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS; AND TO AMEND SECTION 15-3-530, AS AMENDED, RELATING TO ACTIONS INCLUDED IN THE SIX-YEAR PERIOD PRESCRIBED FOR THE COMMENCEMENT OF ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY, AND SECTION 15-37-50, RELATING TO LIMITATION ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO DELETE THE REFERENCES TO CRIMINAL CONVERSATION.

Referred to Committee on Judiciary.

S. 890 -- Senator Land: A BILL TO AMEND CHAPTER 1 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT A RETIRING STATE OR LOCAL LAW ENFORCEMENT OFFICER OR THE SURVIVING SPOUSE OR CHILDREN OF AN OFFICER WHO IS KILLED IN THE LINE OF DUTY MAY RECEIVE, UPON REQUEST, THE BADGE OF THE OFFICER AND TO PROVIDE THAT THE EMPLOYER OF THE OFFICER MAY ALSO AWARD TO THE RETIRING OFFICER OR HIS SURVIVING SPOUSE OR CHILDREN HIS SERVICE SIDE ARM.

Referred to Committee on Education and Public Works.

S. 905 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-14 SO AS TO PROHIBIT THE USE OF ARTIFICIAL LIGHTS FOR OBSERVING OR HARASSING WILDLIFE AFTER 9:00 P.M. IN GAME ZONE NO. 2.

Referred to Committee on Agriculture and Natural Resources.

S. 930 -- Senator Hayes: A BILL TO AMEND SECTION 23-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES AND COMMISSIONS OF SHERIFFS, SO AS TO FURTHER PROVIDE FOR THESE FEES AND COMMISSIONS.

Referred to Committee on Ways and Means.

S. 972 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PESTICIDE APPLICATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 503, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Referred to Committee on Agriculture and Natural Resources.

S. 973 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO THE SOUTH CAROLINA FERTILIZER LAW, DESIGNATED AS REGULATION DOCUMENT NUMBER 561, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Referred to Committee on Agriculture and Natural Resources.

H. 2915--OBJECTION AND ORDERED TO THIRD READING

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

H. 2915 -- Rep. McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO DELETE OBSOLETE LANGUAGE AND LIMIT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY TO FORTY LEGISLATIVE DAYS UNLESS EXTENDED BY A VOTE OF THREE-FOURTHS OF THE MEMBERS ELECTED TO BOTH HOUSES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 9 of Article III of the Constitution of this State be amended to read:

"Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place. Provided, That the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session; Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution. The annual session of the General Assembly may not exceed forty legislative days unless extended by a vote of three-fourths of the members elected to each House."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Section 9 of Article III of the Constitution of this State be amended so as to delete obsolete language and provide for an annual legislative session of not exceeding forty legislative days unless the session is extended by a vote of three-fourths of the members elected to each House?

Yes / /
No / /

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Rep. McABEE objected to the Bill.

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

Yeas 61; Nays 25

Those who voted in the affirmative are:

Alexander              Altman                 Anderson, J.
Anderson, S.           Bailey, G.             Barfield
Beasley                Blackwell              Brett
Brown, G.              Burriss, M.D.          Chamblee
Cleveland              Cooper                 Cork
Davenport              Evatt                  Fair
Ferguson               Foster                 Gentry
Hayes                  Hearn                  Hendricks, B.
Holt                   Huff                   Johnson, J.W.
Jones                  Kay                    Keyserling
Klapman                Koon                   Lake
Limehouse              Lockemy                Marchant
Martin, L.             Mattos                 McBride
McEachin               McKay                  Ogburn
Pearce                 Petty                  Rawl
Rhoad                  Rice                   Rigdon
Rogers, T.             Russell                Sharpe
Sheheen                Shelton                Short
Sturkie                Toal                   Tucker
White                  Wilkins                Williams
Woodruff

Total--61

Those who voted in the negative are:

Schwartz               Arthur, J.             Bennett
Blanding               Boan                   Bradley, J.
Bradley, P.            Brown, H.              Day
Foxworth               Freeman                Harvin
Hawkins                Helmly                 Johnson, J.C.
Kirsh                  Martin, D.             McAbee
Moss                   Phillips, O.           Rogers, J.
Simpson                Taylor                 Washington
Winstead

Total--25

The Joint Resolution was read the second time and ordered to third reading.

H. 3089--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 3089 -- Rep. Taylor: A BILL TO AMEND CHAPTER 1 OF TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTARIES PUBLIC, BY ADDING SECTION 26-1-15, SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY IS, DURING HIS TERM OF OFFICE, A NOTARY PUBLIC OF THIS STATE.

Rep. BLACKWELL proposed the following Amendment No. 1 (Doc. No. 2038R), which was adopted.

Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ___.     Section 26-1-20 of the 1976 Code is amended to read:

"Section 26-1-20.         No notary public shall may be appointed except upon the endorsement of the Senator and Representative in whose district the applicant resides. In the alternative, the application may be endorsed by at least one half of the members of the legislative delegation representing the county in which the applicant resides."/

Renumber sections to conform.

Amend title to conform.

Rep. BLACKWELL explained the amendment.

The amendment was then adopted.

Reps. KIRSH, KLAPMAN and STURKIE objected to the Bill.

H. 3159--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3159 -- Rep. McEachin: A BILL TO AMEND SECTION 44-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR REGISTERING BIRTH BY WAY OF A DELAYED BIRTH CERTIFICATE, SO AS TO PROVIDE THAT THE FAMILY COURT HAS JURISDICTION OF THESE MATTERS RATHER THAN THE COURT OF COMMON PLEAS.

Rep. McEACHIN explained the Bill.

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

OBJECTION TO MOTION

Rep. McEACHIN asked unanimous consent that H. 3159 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 2718--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2718 -- Reps. Brett, Marchant, Evatt, Winstead, Cork, Archibald, Hawkins, Moss, Cleveland, Waldrop, Wilkins, Gentry, Foxworth, Cooper, Petty, R. Brown, McKay, McEachin, L. Martin, Fair, Hayes, T.M. Burriss and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-70, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 19 OF TITLE 2 OF THE 1976 CODE, RELATING TO SCREENING OF CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY APPLY TO ANY PERSON WHO IS APPOINTED BY THE GOVERNOR TO FILL A VACANCY IN THE OFFICE OF CIRCUIT SOLICITOR BEFORE THE CONSENT OF THE SENATE IS GRANTED.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1922R), which was adopted.

Amend the bill, as and if amended, by adding a new paragraph at the end of Section 1:

/If any vacancy occurs in the office more than one year prior to the next general election, a special election must be held to elect a solicitor to hold the office until a solicitor is elected and qualifies in the next general election./

When amended, Section 2-19-70. shall read:

"Section 2-19-70. The provisions of this chapter apply to any person appointed by the Governor to fill a vacancy in the office of circuit solicitor as provided by Section 1-7-390 and he must be investigated, and the committee shall report findings before the consent of the Senate and the House of Representatives are granted.

If any vacancy occurs in the office more than one year prior to the next general election, a special election must be held to elect a solicitor to hold the office until a solicitor is elected and qualifies in the next general election."/

Amend totals and title to conform.

Rep. BRETT explained the amendment.

The amendment was then adopted.

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

H. 2718--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. P. BRADLEY, with unanimous consent, it was ordered that H. 2718 be read the third time tomorrow.

ORDERED TO THIRD READING

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

H. 2826 -- Rep. Gulledge: A BILL TO AMEND SECTION 16-23-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS TO THE PROVISIONS OF ARTICLE 3 OF CHAPTER 23 OF TITLE 16 CONCERNING MACHINE GUNS, SAWED-OFF SHOT GUNS, AND RIFLES, SO AS TO EXEMPT DEALERS LICENSED UNDER THE PROVISIONS OF THE FEDERAL GUN CONTROL ACT FROM THE PROVISIONS OF THIS ARTICLE.

H. 2826--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. RAWL, with unanimous consent, it was ordered that H. 2826 be read the third time tomorrow.

H. 3200--OBJECTIONS

The following Bill was taken up.

H. 3200 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEAL ACTING AS A SUPERSEDEAS FOR SIXTY DAYS FROM THE DATE OF CONVICTION FOR AN OFFENSE MAKING MANDATORY THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO MAKE THE SUPERSEDEAS APPLY DURING THE PENDENCY OF THE APPEAL.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1537R).

Amend the bill as and if amended in Section 56-1-430 as contained in SECTION 1, by adding at the end: /No appeal may be postponed more than 180 days./

Amend title to conform.

Rep. RAWL explained the amendment.

Reps. HOLT, ALEXANDER, SIMPSON and COOPER objected to the Bill.

S. 279--DEBATE ADJOURNED

The following Bill was taken up.

S. 279 -- Senator Bryan: A BILL TO AMEND CHAPTER 35, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASEHOLD ESTATES BY ADDING SECTION 27-35-155 SO AS TO PROVIDE THAT WHEN A TENANT HAS BEEN DEEMED TO HAVE ABANDONED THE PREMISES PURSUANT TO LAW, THE LANDLORD MAY REMOVE THE ABANDONED PERSONAL PROPERTY OF THE TENANT WITHIN THE PREMISES, TO PROVIDE THAT A LANDLORD TAKING THIS ACTION MAY NOT BE SUBJECTED TO A SUIT FOR CONVERSION OF THE TENANT'S PROPERTY, AND TO IMPOSE CERTAIN DUTIES ON THE LANDLORD WHEN REMOVING THIS PROPERTY.

Rep. RAWL explained the Bill.

Rep. T. ROGERS moved to adjourn debate upon the Bill which was adopted.

H. 3308--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3308 -- Rep. Rawl: A BILL TO AMEND SECTION 31-3-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE GOVERNING COMMISSION OF THE SOUTH CAROLINA STATE HOUSING AUTHORITY, SO AS TO INCREASE THE NUMBER OF THE GOVERNOR'S APPOINTEES FROM SIX TO SEVEN, AND TO PROVIDE THAT DESIGNATED REPRESENTATIVES OF EX OFFICIO MEMBERS MAY SERVE AS EX OFFICIO COMMISSIONERS RATHER THAN BE DESIGNATED TO REPRESENT EX OFFICIO MEMBERS.

Rep. RAWL explained the Bill.

SPEAKER PRO TEMPORE IN CHAIR

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

OBJECTION TO MOTION

Rep. RAWL asked unanimous consent that H. 3308 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 3345--OBJECTIONS

The following Bill was taken up.

H. 3345 -- Reps. Kirsh, White, Rawl, Washington, D. Martin, Winstead, Freeman, Foster, J. Rogers, Hawkins and Gordon: A BILL TO AMEND SECTIONS 20-7-1740, 20-7-1780, AS AMENDED, 20-7-1900, 20-7-1930 THROUGH 20-7-1970, 20-7-2000 THROUGH 20-7-2020, 20-7-2060, AND 20-7-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION PROVISIONS IN THE CHILDREN'S CODE, SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO DELETE ALL REFERENCES TO THE CHILDREN'S BUREAU (BUREAU); SECTIONS 20-7-2300 THROUGH 20-7-2310, AND 20-7-2340, AS AMENDED, RELATING TO THE BUREAU, SO AS TO DELETE ALL PROVISIONS PERTAINING TO THE BUREAU, PROVIDE THAT THE CHILD IS THE PRIMARY CLIENT OF STATE ADOPTIVE PROGRAMS, ESTABLISH A SINGLE PUBLIC ADOPTION SYSTEM WITHIN THE DEPARTMENT, PROVIDE FOR THE ADMINISTRATION OF THE PUBLIC ADOPTION AGENCY BY THE DEPARTMENT, AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH FEES FOR ADOPTION AND RELATED SERVICES; TO ADD SECTION 20-7-1945 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES (DEPARTMENT) TO CONDUCT A STUDY OF THE ADEQUACY OF MEDICAL, SHELTER, AND SUPPORT SERVICES FOR BIRTH PARENTS AND DETERMINE WHAT IMPROVEMENTS ARE NEEDED TO ESTABLISH A TRANSITION COMMITTEE TO ASSIST IN THE TRANSFER OF ALL OPERATIONS FROM THE BUREAU TO THE DEPARTMENT, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL MAKE AS PROMPTLY AND PRACTICABLE AS POSSIBLE THE NECESSARY TRANSFERS TO CARRY OUT THE TRANSITION COMMITTEE'S PLAN, AND TO PROVIDE FOR THE COMPOSITION, POWERS, AND DISSOLUTION OF THE COMMITTEE; TO PROVIDE THAT ALL APPLICATIONS ON FILE WITH THE BUREAU AND THE DEPARTMENT ON THE EFFECTIVE DATE OF THIS ACT SHALL RECEIVE PRIORITY CONSIDERATION FOR ADOPTIVE PLACEMENTS WITH THE DEPARTMENT; TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ACT; AND TO REPEAL SECTIONS 20-7-1830 THROUGH 20-7-1890, 20-7-2320, 20-7-2325, 20-7-2330, AND 20-7-2350 THROUGH 20-7-2370 RELATING TO THE VARIOUS RESPONSIBILITIES OF THE BUREAU REGARDING ADOPTION, THE PROVISIONS AUTHORIZING THE BOARD OF DIRECTORS OF THE BUREAU TO PRESCRIBE POLICIES AND ADMINISTRATIVE DUTIES OF THE BUREAU, DISBURSEMENT OF FUNDS APPROPRIATED TO THE BUREAU BY THE GENERAL ASSEMBLY, THE PROVISIONS CONCERNING THE FEES FOR SERVICES PROVIDED BY THE BUREAU, REQUIREMENT THAT THE BOARD OF DIRECTORS MUST HIRE A SUPERVISOR OF THE BUREAU, THE REQUIREMENT OF AN ANNUAL REPORT BY THE BUREAU, AND THE PENALTY PROVISIONS FOR VIOLATION OF SUBARTICLE 3 OF ARTICLE 13 OF CHAPTER 20 OF TITLE 7 (CHILDREN'S BUREAU).
ays were taken resulting as follows:

Reps. BARFIELD, McABEE, TUCKER, HEARN, M.D. BURRISS, DAVENPORT and CORK objected to the Bill.

H. 3473--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3473 -- Labor, Commerce and Industry Committee: A BILL TO CREATE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, AND TO PRESCRIBE ITS POWERS, DUTIES, AND FUNCTIONS.

Rep. L. MARTIN explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill, Rep. L. MARTIN having the floor.

MOTION REJECTED

Rep. P. BRADLEY moved that the House recur to the morning hour.

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

S. 126--OBJECTIONS

Reps. GREGORY and GORDON withdrew their objections to the following Bill whereupon objections were raised by Reps. J. BRADLEY and J. ROGERS.

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

H. 3153--OBJECTION WITHDRAWN AND DEBATE ADJOURNED

Upon the withdrawal of an objection by Rep. BLACKWELL the following Bill was taken up.

H. 3153 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMENCEMENT OF JUDICIAL HOSPITALIZATION PROCEEDINGS FOR DRUG ADDICTS, SO AS TO PROVIDE FOR NONEMERGENCY HOSPITALIZATION PROCEEDINGS AND TO REDUCE FROM TWO TO ONE THE NUMBER OF PHYSICIANS THAT MUST EXAMINE AND CERTIFY THAT AN INDIVIDUAL IS AN ADDICT AND TO PROVIDE HIM COUNSEL IF ONE IS NOT RETAINED.

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

H. 3269--MOTION TO RECONSIDER TABLED

The motion of Rep. TAYLOR to reconsider the vote whereby the following Resolution was referred to the Committee on Ways and Means was taken up.

H. 3269 -- Reps. Limehouse, Woodruff, R. Brown, Ogburn, Hearn, Davenport, Foxworth, McLeod and Fair: A HOUSE RESOLUTION EXPRESSING THE DISAPPOINTMENT AND CONCERN OF MEMBERS OF THE HOUSE OF REPRESENTATIVES IN THE ACTIONS OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES IN RATIFYING PAYMENTS TO FORMER CLEMSON PRESIDENT, WILLIAM ATCHLEY, AND FORMER CLEMSON ATHLETIC DIRECTOR, WILLIAM MCLELLAN, AND URGING THE BOARD TO RESCIND ITS RATIFICATION AND CEASE FURTHER PAYMENTS.

Rep. TAYLOR moved to table the motion to reconsider which was agreed to.

H. 2287--MOTION TO RECONSIDER TABLED

Rep. FREEMAN's motion to table the motion of Rep. TOAL to reconsider the vote whereby the following Bill was given a second reading was taken up.

H. 2287 -- Reps. Toal, J. Rogers, Hughston, J.W. Johnson, Klapman, Archibald, Sheheen, Kirsh, Wilkins, Taylor, McBride, Mangum, Woodruff, Faber, Schwartz, Keyserling, Pearce, Freeman, McLellan, Cleveland, Shelton, Harvin, P. Harris, Hayes, S. Anderson, Foxworth, B.L. Hendricks, Lloyd Hendricks, White, Gulledge, Russell, and Limehouse: A BILL TO AMEND SECTION 5-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF A PETITION SIGNED BY A MAJORITY OF FREEHOLDERS IN AN AREA DESIRING TO BE ANNEXED TO A MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT AN ELECTION BE HELD WITHIN THE ANNEXING MUNICIPALITY; SECTION 5-3-60, RELATING TO NOTICE OF THE ANNEXATION ELECTION HELD UNDER THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE BE POSTED IN THREE CONSPICUOUS PLACES WITHIN THE ANNEXING MUNICIPALITY; AND SECTIONS 5-3-70 AND 5-3-80, RELATING TO THE CONDUCT AND RESULTS OF THE ELECTION INITIATED PURSUANT TO THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE REFERENCES TO THE ELECTION BEING CONDUCTED AND VOTES BEING COUNTED WITHIN THE ANNEXING MUNICIPALITY.

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

Yeas 52; Nays 42

Those who voted in the affirmative are:

Schwartz               Altman                 Anderson, S.
Arthur, J.             Bradley, J.            Brown, H.
Brown, R.              Cleveland              Faber
Ferguson               Foster                 Freeman
Gilbert                Gordon                 Gregory
Harvin                 Hawkins                Hayes
Helmly                 Hendricks, B.          Holt
Johnson, J.C.          Johnson, J.W.          Keyserling
Kirsh                  Klapman                Limehouse
Lockemy                Martin, D.             Martin, L.
McBride                McLellan               Moss
Nettles                Ogburn                 Phillips, O.
Rogers, J.             Russell                Sharpe
Sheheen                Shelton                Simpson
Taylor                 Toal                   Townsend
Tucker                 Waldrop                White
Wilkins                Williams               Winstead
Woodruff

Total--52

Those who voted in the negative are:

Alexander              Anderson, J.           Barfield
Beasley                Bennett                Blackwell
Boan                   Bradley, P.            Brett
Brown, G.              Burriss, M.D.          Carnell
Chamblee               Cooper                 Cork
Davenport              Derrick                Elliott
Fair                   Felder                 Foxworth
Gentry                 Hearn                  Huff
Jones                  Kay                    Kohn
Lake                   Marchant               Mattos
McAbee                 McEachin               McKay
Neilson                Pearce                 Phillips, L.
Rice                   Rigdon                 Rogers, T.
Snow                   Stoddard               Washington

Total--42

So the motion to table the motion to reconsider was agreed to.

Rep. FREEMAN moved that the House do now adjourn.

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

Yeas 20; Nays 75

Those who voted in the affirmative are:

Alexander              Anderson, J.           Bennett
Blackwell              Bradley, J.            Bradley, P.
Brett                  Carnell                Freeman
Gentry                 Harvin                 Johnson, J.W.
Marchant               McAbee                 Rigdon
Snow                   Stoddard               Waldrop
Wilkins                Woodruff

Total--20

Those who voted in the negative are:

Schwartz               Altman                 Anderson, S.
Arthur, J.             Aydlette               Barfield
Beasley                Boan                   Brown, H.
Brown, R.              Burriss, M.D.          Chamblee
Cleveland              Cooper                 Cork
Davenport              Day                    Derrick
Elliott                Evatt                  Faber
Fair                   Felder                 Ferguson
Foster                 Foxworth               Gilbert
Gordon                 Gregory                Hawkins
Hayes                  Hearn                  Helmly
Hendricks, B.          Holt                   Huff
Johnson, J.C.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Kohn                   Lake                   Limehouse
Lockemy                Martin, D.             Martin, L.
Mattos                 McBride                McEachin
McKay                  McLellan               Moss
Neilson                Nettles                Ogburn
Pearce                 Petty                  Phillips, L.
Rawl                   Rice                   Rogers, J.
Russell                Sharpe                 Sheheen
Shelton                Simpson                Taylor
Toal                   Townsend               Tucker
Washington             White                  Winstead

Total--75

So the House refused to adjourn.

CONCURRENT RESOLUTION

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

H. 3522 -- Reps. Brett, L. Phillips, Blackwell, Alexander, Wilkins, P. Bradley, Rice, Mattos, Fair, Shelton, Marchant and Rigdon: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND WILLIAM M. PAGE, JR., PASTOR OF FIRST BAPTIST CHURCH OF MAULDIN, GREENVILLE COUNTY, ON HIS RETIREMENT AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

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

H. 2279--NAME WITHDRAWN

Rep. FERGUSON asked unanimous consent to have his name withdrawn as a co-sponsor of H. 2279, which was agreed to.

STATEMENT FOR JOURNAL

I am not now, nor was I ever, a sponsor to House Bill 2279. I have viewed the original and am convinced that someone placed a printed Ferguson thereon.
REP. FERGUSON

H. 2041--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

H. 2041 -- Reps. Keyserling, P. Harris, Waldrop, Blackwell, Snow, Altman, Sheheen, Klapman, Moffatt Burriss, Lloyd Hendricks, Kirsh, Huff, Hughston, J. Anderson, T. Rogers, Blanding, Jones, Pearce, Simpson, Lewis, Freeman, Short and Moss: A BILL TO AUTHORIZE AN ADULT TO MAKE A WRITTEN DIRECTIVE INSTRUCTING HIS PHYSICIAN TO WITHHOLD OR WITHDRAW LIFE-SUSTAINING PROCEDURES IN THE EVENT OF A TERMINAL CONDITION.

Rep. SHEHEEN and TOAL explained the Senate amendment.

Reps. SHEHEEN, KEYSERLING and P. HARRIS proposed the following Amendment No. 1A (Doc. No. 1563R).

Amend the bill, as and if amended, by striking SECTION 5 in its entirety and inserting:
/SECTION 5. The declaration must be substantially in the following form:
STATE OF SOUTH CAROLINA
DECLARATION OF A DESIRE FOR A NATURAL DEATH
COUNTY OF _____________________________

I, _________________________________________________, a resident of and domiciled in the City of ________________________, County of ________________________, State of South Carolina, make this Declaration this _________day of _______________________, 19________.

I wilfully and voluntarily make known my desire that no life-sustaining procedures be used to prolong my dying if my condition is terminal, and I do hereby declare:

If at any time I have an incurable injury, disease, or illness certified to be a terminal condition by two physicians who have personally examined me, one of whom is my attending physician, and the physicians have determined that my death will occur without the use of life-sustaining procedures and where the application of life-sustaining procedures would serve only to prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure necessary to provide me with comfort care.

In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this Declaration be honored by my family and physicians as the final expression of my legal right to refuse medical or surgical treatment and I accept the consequences from such refusal.

I am aware that this Declaration authorizes a physician to withhold or withdraw life-sustaining procedures. I am emotionally and mentally competent to make this Declaration.

THIS DECLARATION MAY BE REVOKED BY THE DECLARANT, WITH REGARD TO HIS PHYSICAL OR MENTAL CONDITION.

(1) BY BEING DEFACED, TORN, OBLITERATED, OR OTHERWISE DESTROYED BY THE DECLARANT OR BY SOME PERSON IN THE PRESENCE OF AND BY THE DIRECTION OF THE DECLARANT.

(2) BY A WRITTEN REVOCATION SIGNED AND DATED BY THE DECLARANT EXPRESSING HIS OR HER INTENT TO REVOKE. THE REVOCATION SHALL BECOME EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY THE DECLARANT OR BY A PERSON ACTING ON BEHALF OF THE DECLARANT. THE ATTENDING PHYSICIAN SHALL RECORD IN THE PATIENT'S MEDICAL RECORD THE TIME AND DATE WHEN HE RECEIVED NOTIFICATION OF THE WRITTEN REVOCATION.

(3) BY A VERBAL EXPRESSION BY THE DECLARANT OF HIS INTENT TO REVOKE THE DECLARATION. THE REVOCATION SHALL BECOME EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY THE DECLARANT. THE ATTENDING PHYSICIAN SHALL RECORD IN THE PATIENT'S MEDICAL RECORD THE TIME, DATE, AND PLACE OF THE REVOCATION AND THE TIME, DATE, AND PLACE, IF DIFFERENT, OF WHEN HE RECEIVED NOTIFICATION OF THE REVOCATION.

_________________________________________

Declarant

AFFIDAVIT

STATE OF _______________________COUNTY OF ___________________________

We, _____________________, ___________________, and ____________________________________________, the witnesses whose names are signed to the foregoing Declaration, dated the ____________ day of ____________________, 19____, being first duly sworn, do hereby declare to the undersigned authority that the Declaration was on that date signed by the said declarant as and for his DECLARATION OF A DESIRE FOR A NATURAL DEATH in our presence and we, at his request and in his presence, and in the presence of each other, did thereunto subscribe our names as witnesses on that date. The declarant is personally known to us and we believe him to be of sound mind. None of us is disqualified as a witness to this Declaration by any provision of he South Carolina Death With Dignity Act. None of us is related to the declarant by blood or marriage; nor directly financially responsible for the declarant's medical care; nor entitled to any portion of the declarant's estate upon his decease, whether under any will or as an heir by intestate succession; nor the beneficiary of a life insurance policy of the declarant; nor the declarant's attending physician; nor an employee of such attending physician; nor a person who has a claim against the declarant's decedent's estate as of this time. No more than one of us is an employee of a health facility in which the declarant is a patient. If the declarant is a patient in a hospital or skilled or intermediate care nursing facility at the date of execution of this Declaration at least one of us is an ombudsman designated by the State Ombudsman, Office of the Governor.

__________________________________________

Witness

__________________________________________

Witness

__________________________________________

Witness

Subscribed, sworn to, and acknowledged before me by     ___________________________, the declarant, and subscribed and sworn to before me by ______________________________,     ________________________, and _______________, the witnesses, this ________ day of ___________, 19____.

___________________________________
Notary Public for
My commission expires:____________/
SEAL

Amend further, as and if amended, in SECTION 5A, page 5, beginning on line 2, by striking /Commission on Aging for this purpose/ and inserting /, Ombudsman, Office of the Governor/.

Amend title to conform.

Renumber sections to conform.

Rep. SHEHEEN explained the amendment.

Rep. TOAL moved to adjourn debate upon the Bill.

Rep. SHEHEEN moved to table the motion.

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

Yeas 38; Nays 52

Those who voted in the affirmative are:

Schwartz               Altman                 Anderson, J.
Anderson, S.           Barfield               Bennett
Boan                   Brown, R.              Burriss, J.H.
Burriss, M.D.          Carnell                Cooper
Cork                   Evatt                  Foster
Freeman                Gentry                 Hayes
Hearn                  Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Keyserling
Kirsh                  Klapman                Koon
Lake                   Martin, L.             McAbee
McEachin               Nettles                Ogburn
Phillips, L.           Rogers, T.             Sheheen
Short                  Waldrop

Total--38

Those who voted in the negative are:

Alexander              Arthur, J.             Aydlette
Beasley                Blackwell              Blanding
Bradley, J.            Brett                  Brown, H.
Chamblee               Cleveland              Davenport
Day                    Elliott                Faber
Fair                   Ferguson               Foxworth
Gilbert                Gregory                Harvin
Hawkins                Holt                   Kay
Kohn                   Limehouse              Lockemy
Marchant               Martin, D.             Mattos
McBride                McKay                  McLeod
Moss                   Neilson                Petty
Phillips, O.           Rawl                   Rice
Rigdon                 Russell                Sharpe
Simpson                Snow                   Toal
Townsend               Tucker                 Washington
White                  Wilkins                Winstead
Woodruff

Total--52

So the House refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate on the Bill, which was agreed to.

H. 2787--SENATE AMENDMENTS CONCURRED IN

The Senate amendments to the following Bill were taken up for consideration.

H. 2787 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CHILDREN'S CODE, SO AS TO PROVIDE THAT THE DEFINITION OF LOCAL CHILD PROTECTIVE SERVICE AGENCY BE IN ACCORDANCE WITH THE REGULATIONS OF THE STATE DEPARTMENT OF SOCIAL SERVICES.

Rep. WHITE explained the Senate amendment.

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

H. 2279--NON-CONCURRENCE IN SENATE AMENDMENTS

The Senate amendments to the following Bill were taken up for consideration.

H. 2279 -- Reps. Wilkins, P. Bradley, Brett, Fair, Marchant, Hawkins, Russell and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-15 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PROVIDE BY ORDINANCE FOR THE ELECTION OF AN ADDITIONAL MEMBER OF THE GOVERNING BODY TO BE ELECTED FROM THE COUNTY AT LARGE AND BE ITS CHAIRMAN; AND TO AMEND SECTION 4-9-90, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO THOSE COUNCILS EXERCISING THE AUTHORITY UNDER THE PROVISIONS OF SECTION 4-9-15.

Rep. WILKINS explained the Senate amendment.

Rep. BLACKWELL spoke in favor of the Senate amendment.

Rep. TOAL spoke against the Senate amendment and moved to non-concur in the Senate amendments.

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

The question then recurred to the motion to non-concur in the Senate amendments.

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

Yeas 28; Nays 56

Those who voted in the affirmative are:

Alexander              Altman                 Anderson, S.
Aydlette               Blackwell              Blanding
Bradley, J.            Brown, H.              Chamblee
Cooper                 Day                    Helmly
Hendricks, B.          Holt                   Kay
Lake                   Lockemy                Mattos
McEachin               Nettles                Phillips, L.
Rice                   Sharpe                 Shelton
Short                  Simpson                Townsend
Winstead

Total--28

Those who voted in the negative are:

Schwartz               Anderson, J.           Arthur, J.
Barfield               Boan                   Bradley, P.
Brett                  Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Cleveland              Cork
Dangerfield            Davenport              Evatt
Faber                  Fair                   Foxworth
Gentry                 Gilbert                Harvin
Hawkins                Hayes                  Hearn
Johnson, J.C.          Johnson, J.W.          Jones
Keyserling             Kirsh                  Klapman
Koon                   Lewis                  Limehouse
Marchant               Martin, D.             Martin, L.
McAbee                 McBride                McLellan
Moss                   Neilson                Ogburn
Pearce                 Phillips, O.           Rhoad
Rigdon                 Rogers, T.             Russell
Sheheen                Taylor                 Toal
Tucker                 White                  Wilkins
Williams               Woodruff

Total--56

So, the House refused to table the motion to non-concur.

The question then recurred to the motion to non-concur in the Senate amendments, which was agreed to and a message was ordered sent to the Senate accordingly.

H. 2119--SENATE AMENDMENTS CONCURRED IN

The Senate amendments to the following Bill were taken up for consideration.

H. 2119 -- Reps. Washington, Sheheen, T. Rogers, Ferguson, Keyserling, Woods, White, Faber, Blanding, Mitchell, D. Martin, Williams, Toal, Rawl and S. Anderson: A BILL TO PROVIDE FOR THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT WHICH REGULATES THE RENTING AND LEASING OF CERTAIN DWELLING UNITS LOCATED WITHIN THIS STATE AND WHICH INCLUDES PROVISIONS TO ESTABLISH JURISDICTION AND THE METHOD OF OBTAINING JURISDICTION OVER THE PARTIES INVOLVED, TO MAKE CERTAIN DEFINITIONS, TO IMPOSE AN OBLIGATION OF GOOD FAITH IN THE PERFORMANCE AND ENFORCEMENT OF DUTIES AND OBLIGATIONS, TO PROHIBIT UNCONSCIONABILITY, TO PROVIDE FOR THE TERMS AND CONDITIONS OF RENTAL AGREEMENTS AND THE EFFECT OF UNSIGNED OR UNDELIVERED RENTAL AGREEMENTS, TO PROHIBIT CERTAIN PROVISIONS IN RENTAL AGREEMENTS, TO PROVIDE FOR LANDLORD OBLIGATIONS, LIABILITY AND REMEDIES, TO PROVIDE FOR TENANT OBLIGATIONS, LIABILITY AND REMEDIES, TO PROVIDE FOR MANNER OF TERMINATION OF TENANCIES AND HOLDOVER REMEDIES, TO PROHIBIT RETALIATORY CONDUCT, TO PROVIDE THAT CHAPTER 35, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION, ESTABLISHMENT AND TERMINATION OF LEASEHOLD ESTATES, CHAPTER 37, TITLE 27, RELATING TO EJECTMENT OF TENANTS, AND ARTICLE 3, CHAPTER 39, TITLE 27, RELATING TO COLLECTION OF RENT BY DISTRAINT SHALL NOT BE APPLICABLE TO THE LEASING OR RENTING OF ANY REAL PROPERTY OTHERWISE GOVERNED UNDER THE PROVISIONS OF THIS ACT, AND TO AMEND THE CODE BY ADDING SECTION 27-37-160 SO AS TO ESTABLISH CERTAIN PROCEDURES TO BE FOLLOWED BY CONSTABLES OR DEPUTY SHERIFFS WHEN EXECUTING WRITS OF EJECTMENT.

Rep. LOCKEMY moved to adjourn debate upon the amendments until Tuesday, February 25, 1986.

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

Rep. HEARN explained the Senate amendment.

Rep. LIMEHOUSE moved that the House do now adjourn.

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

Yeas 24; Nays 52

Those who voted in the affirmative are:

Anderson, J.           Blackwell              Bradley, P.
Brown, H.              Carnell                Cooper
Cork                   Davenport              Foxworth
Freeman                Gentry                 Harvin
Hawkins                Helmly                 Johnson, J.C.
Johnson, J.W.          Kay                    Koon
Limehouse              Mattos                 McAbee
McKay                  Nettles                Russell

Total--24

Those who voted in the negative are:

Schwartz               Alexander              Altman
Anderson, S.           Arthur, J.             Barfield
Blanding               Boan                   Burriss, J.H.
Burriss, M.D.          Chamblee               Cleveland
Dangerfield            Derrick                Evatt
Faber                  Foster                 Hayes
Hearn                  Hendricks, B.          Holt
Huff                   Jones                  Kirsh
Klapman                Lewis                  Lockemy
Martin, D.             Martin, L.             McBride
McEachin               McLellan               Moss
Neilson                Ogburn                 Pearce
Petty                  Phillips, L.           Phillips, O.
Rawl                   Rice                   Rogers, T.
Sharpe                 Sheheen                Simpson
Taylor                 Thrailkill             Toal
Tucker                 Washington             White
Woodruff

Total--52

So the House refused to adjourn.

Rep. HEARN continued speaking.

The question then recurred to the motion to concur in the Senate amendments, which was agreed to.

H. 2477--SENATE AMENDMENTS CONCURRED IN

The Senate amendments to the following Bill were taken up for consideration.

H. 2477 -- Labor, Commerce and Industry Committee: A BILL TO REQUIRE EMPLOYERS WHO REQUIRE PROSPECTIVE EMPLOYEES TO COMPLETE A JOB TRAINING PROGRAM PRIOR TO EMPLOYMENT TO GIVE NOTICE TO PROSPECTIVE EMPLOYEES PRIOR TO THE BEGINNING OF THE PROGRAM IF COMPLETION OF THE PROGRAM DOES NOT GUARANTEE REGULAR EMPLOYMENT ON A PERMANENT BASIS AND TO PRESCRIBE THE FORM OF THE NOTICE.

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

SENT TO THE SENATE

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

H. 3083 -- Reps. Harvin, Blackwell, T. Rogers, White, Pearce, Holt, G. Bailey, McLeod, Gilbert, J. Anderson, L. Phillips, Huff, Elliott, J.W. Johnson, Taylor, Washington, Barfield, Jones, Stoddard, Neilson, McTeer, Mattos, Snow, McBride, J. Harris, Gordon, Woods, Petty, Lake, Ferguson, Altman, Felder, W. Arthur, Cleveland, Bennett, Sheheen, L. Martin, Mitchell, Blanding, Sturkie, Keyserling, Klapman, J. Arthur and O. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-85, SO AS TO PROVIDE THAT IF THE GENERAL APPROPRIATION ACT FOR THE FOLLOWING FISCAL YEAR IS NOT ENACTED BY JUNE 15 OF ANY YEAR, THE APPROPRIATION ACT OF THE THEN CURRENT FISCAL YEAR SHALL CONTINUE IN FORCE UNTIL ANOTHER GENERAL APPROPRIATION ACT IS ENACTED.

H. 2287--INTERRUPTED DEBATE

The following Bill was taken up.

H. 2287 -- Reps. Toal, J. Rogers, Hughston, J.W. Johnson, Klapman, Archibald, Sheheen, Kirsh, Wilkins, Taylor, McBride, Mangum, Woodruff, Faber, Schwartz, Keyserling, Pearce, Freeman, McLellan, Cleveland, Shelton, Harvin, P. Harris, Hayes, S. Anderson, Foxworth, B.L. Hendricks, Lloyd Hendricks, White, Gulledge, Russell, and Limehouse: A BILL TO AMEND SECTION 5-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF A PETITION SIGNED BY A MAJORITY OF FREEHOLDERS IN AN AREA DESIRING TO BE ANNEXED TO A MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT AN ELECTION BE HELD WITHIN THE ANNEXING MUNICIPALITY; SECTION 5-3-60, RELATING TO NOTICE OF THE ANNEXATION ELECTION HELD UNDER THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE BE POSTED IN THREE CONSPICUOUS PLACES WITHIN THE ANNEXING MUNICIPALITY; AND SECTIONS 5-3-70 AND 5-3-80, RELATING TO THE CONDUCT AND RESULTS OF THE ELECTION INITIATED PURSUANT TO THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE REFERENCES TO THE ELECTION BEING CONDUCTED AND VOTES BEING COUNTED WITHIN THE ANNEXING MUNICIPALITY.

Rep. J. BRADLEY moved to table the Bill.

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

Yeas 24; Nays 57

Those who voted in the affirmative are:

Alexander              Anderson, J.           Boan
Bradley, J.            Bradley, P.            Burriss, M.D.
Carnell                Chamblee               Cork
Davenport              Foxworth               Gentry
Huff                   Kay                    Lake
Mattos                 McAbee                 McEachin
McKay                  Phillips, L.           Rawl
Rice                   Rogers, T.             Snow

Total--24

Those who voted in the negative are:

Schwartz               Altman                 Anderson, S.
Arthur, J.             Blanding               Brown, H.
Burriss, J.H.          Cleveland              Cooper
Dangerfield            Edwards                Evatt
Faber                  Ferguson               Foster
Freeman                Gilbert                Harvin
Hawkins                Hayes                  Hearn
Helmly                 Hendricks, B.          Holt
Johnson, J.C.          Johnson, J.W.          Jones
Keyserling             Kirsh                  Klapman
Limehouse              Lockemy                Martin, D.
Martin, L.             McBride                McLellan
Moss                   Neilson                Nettles
Ogburn                 Petty                  Phillips, O.
Rhoad                  Russell                Sharpe
Sheheen                Shelton                Simpson
Stoddard               Taylor                 Thrailkill
Toal                   Townsend               Tucker
White                  Williams               Woodruff

Total--57

So the House refused to table the Bill.

Rep. SHEHEEN moved immediate cloture on the entire matter.

Rep. J. BRADLEY moved to table the motion.

POINT OF ORDER

Rep. TOAL raised the Point of Order that the motion to invoke immediate cloture was not subject to the motion to table.

The SPEAKER PRO TEMPORE sustained the Point of Order.

Rep. J. BRADLEY moved to adjourn debate upon the motion to invoke immediate cloture.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that the motion to adjourn debate was out of order, as the motion for immediate cloture was non-debatable.

The SPEAKER PRO TEMPORE sustained the Point of Order.

The question then recurred to the motion to invoke immediate cloture, which was agreed to by a division vote of 41 to 29.

Rep. J. BRADLEY moved to continue the Bill.

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

Yeas 21; Nays 57

Those who voted in the affirmative are:

Alexander              Anderson, J.           Barfield
Blackwell              Boan                   Bradley, P.
Burriss, M.D.          Chamblee               Cork
Davenport              Foxworth               Gentry
Hearn                  Huff                   Kay
Lake                   Mattos                 McEachin
Phillips, L.           Rice                   Rogers, T.

Total--21

Those who voted in the negative are:

Schwartz               Altman                 Arthur, J.
Blanding               Brown, G.              Brown, H.
Burriss, J.H.          Burriss, T.M.          Cleveland
Cooper                 Dangerfield            Derrick
Edwards                Elliott                Evatt
Faber                  Felder                 Ferguson
Foster                 Freeman                Gilbert
Gordon                 Harvin                 Hawkins
Hayes                  Helmly                 Hendricks, B.
Holt                   Johnson, J.C.          Johnson, J.W.
Keyserling             Kirsh                  Klapman
Lewis                  Limehouse              Lockemy
Martin, D.             Martin, L.             McBride
McLellan               Neilson                Pearce
Petty                  Phillips, O.           Rhoad
Russell                Sharpe                 Sheheen
Shelton                Simpson                Stoddard
Taylor                 Toal                   Townsend
Tucker                 Winstead               Woodruff

Total--57

So the House refused to continue the Bill.

Rep. P. BRADLEY spoke against the Bill.

Rep. J. BRADLEY moved that the House do now adjourn.

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

Yeas 48; Nays 35

Those who voted in the affirmative are:

Anderson, J.           Arthur, J.             Barfield
Blackwell              Blanding               Boan
Bradley, J.            Bradley, P.            Brown, G.
Burriss, M.D.          Burriss, T.M.          Cleveland
Cork                   Davenport              Elliott
Fair                   Ferguson               Foster
Foxworth               Gentry                 Gilbert
Hawkins                Hearn                  Hendricks, B.
Huff                   Johnson, J.W.          Kay
Lake                   Limehouse              Mattos
McEachin               McKay                  McLellan
McLeod                 Nettles                Petty
Phillips, L.           Phillips, O.           Rhoad
Rice                   Rogers, J.             Russell
Sharpe                 Sheheen                Simpson
Stoddard               Townsend               Wilkins

Total--48

Those who voted in the negative are:

Schwartz               Altman                 Anderson, S.
Burriss, J.H.          Chamblee               Dangerfield
Derrick                Edwards                Evatt
Faber                  Freeman                Gordon
Harvin                 Hayes                  Holt
Johnson, J.C.          Keyserling             Kirsh
Klapman                Lockemy                Martin, D.
Martin, L.             McBride                Moss
Neilson                Ogburn                 Pearce
Shelton                Taylor                 Thrailkill
Toal                   Tucker                 White
Winstead               Woodruff

Total--35

So the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. P. BRADLEY having the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3509 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION TO RECOGNIZE VFW POST 3447 IN GAFFNEY UPON ITS FIFTIETH ANNIVERSARY CELEBRATION THIS MONTH AND FOR ITS LONG HISTORY OF COMMUNITY SERVICE.

H. 3510 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE DOUGLAS A. REEVES FAMILY OF THE REEVESVILLE COMMUNITY IN DORCHESTER COUNTY ON BEING THE RECIPIENT OF THE MASTER FARM FAMILY AWARD SPONSORED BY CLEMSON UNIVERSITY EXTENSION SERVICE AND PROGRESSIVE FARMER MAGAZINE AND TO EXTEND BEST WISHES FOR CONTINUED SUCCESS.

H. 3511 -- York Delegation: A CONCURRENT RESOLUTION CONGRATULATING MR. ERIC GENE LESSMEISTER OF YORK COUNTY UPON BEING CHOSEN A 1985-86 RECIPIENT OF THE R.L. BRYAN OUTSTANDING SCHOOL ADMINISTRATOR OF SOUTH CAROLINA AWARD AND COMMENDING HIM FOR HIS OUTSTANDING DEDICATION TO PUBLIC EDUCATION.

H. 3518 -- Rep. Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF WILBUR KEADLE OF WAGENER UPON HIS DEATH.

H. 3521 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. EDWARD MCELVEEN, JR., LEE COUNTY ADMINISTRATOR, FOR HIS MANY YEARS OF UNSELFISH AND DEDICATED SERVICE TO THE CITIZENS OF LEE COUNTY AND TO EXTEND EVERY BEST WISH UPON HIS RETIREMENT.

H. 3522 -- Reps. Brett, L. Phillips, Blackwell, Alexander, Wilkins, P. Bradley, Rice, Mattos, Fair, Shelton, Marchant and Rigdon: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND WILLIAM M. PAGE, JR., PASTOR OF FIRST BAPTIST CHURCH OF MAULDIN, GREENVILLE COUNTY, ON HIS RETIREMENT AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

ADJOURNMENT

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

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