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

THURSDAY, JANUARY 22, 1987

Thursday, January 22, 1987
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Henry M. McKay, Executive Director, Lutheran Social Services of Central South Carolina as follows:

God, our creator,

We come into your presence with prayer, praise and thanksgiving.

We acknowledge that you have created us and not we ourselves.

We confess that all power and authority which we have are delegated from you.

In this country and in this great state you have caused an experiment to happen of which we are a part: to see if a nation conceived in liberty and dedicated to the proposition that all people are created equal can endure very long.

Give to those here today, who are entrusted with a portion of that experiment, the things we need to make it work.

Give us the gift of insight

Give us the gift of knowledge

Give us a thirst for truth

Give us a hunger for Justice

Give us a dream.

Give us the dream of a state which is not only free and industrious but also righteous.

Give us the dream of a state in which there is not only education in the things which make money but also in the things which make us morally strong.

Give us the dream of a state in which each family is continually strengthened in its role, children are given their birthright to a happy and healthy childhood, the poor are given not only hope but also concrete help, the elderly are honored and all people have true and equal opportunity.

Finally, give us your spirit, the spirit of wisdom and council, the spirit of love and faithfulness, that this day we may conduct our business in a fashion which is pleasing to you and a credit to those who will follow after us. We pray in the name of the One who lived his life on behalf of others, even Jesus the Christ. 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. CARNELL.

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, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Barfield:

The Electric Cooperatives of South Carolina extend an invitation to you and members of the House of Representatives to attend a Legislative Appreciation Dinner on Tuesday, February 17, 1987, at the Radisson Hotel.

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 Ms. Catherine Jeter who has reserved February 17th on the House meeting calendar.

Sincerely,
Al J. Ballard
Executive Vice President

May 28, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Barfield:

The Municipal Association of South Carolina will hold their 13th Annual Winter Meeting and Legislative Conference in Columbia on February 18-19, 1987.

We would like to extend an invitation to the members of the House of Representatives to be our guests at a reception scheduled for Wednesday, February 18, 1987, from 6:30 p.m. to 8:00 p.m. at the Columbia Marriott Hotel.

With best wishes,

Sincerely,
J. McDonald Wray
Executive Director

July 1, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Barfield:

The South Carolina Association of Auditors, Treasurers and Tax Collectors would like to invite the Members of the House, Clerks and Attaches to a reception on Wednesday, February 11, 1987 from 6:00 P.M. to 8:00 P.M., at the Radisson Hotel.

We are currently in the process of finalizing the plans and will send you additional information in the future.

Sincerely,
Clyburn L. Nichols
President

July 22, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Barfield:

This is to confirm the reservation of Wednesday, February 4, 1987, for House members to attend the Legislative Drop-In session of the annual Forum on Leisure. We have also confirmed this date with the Senate Invitations Committee.

The tentative schedule has park and recreation professionals joining legislators for an informal drop-in from 7 to 9 p.m. at the Radisson.

As soon as details of the event are finalized, your committee will receive a formal invitation and schedule.

Thank you for your assistance.

Sincerely,
Ronald R. Carter

August 22, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Barfield:

This is to confirm that Du Pont plans to host a legislative wide reception Tuesday evening, February 24, 1987, for all Members of the South Carolina General Assembly, clerks, and attaches. We cordially ask that the Invitations and Memorial Resolutions Committee "reserve" February 24, for that purpose. The reception will be held at the Marriott Hotel from 6:00 until 9:00 p.m.

Thank you for your consideration.

Sincerely,
R.D. Demarest
Plant Manager

TO:             Catherine Jeter, House Invitations Committee

Staff Janet Evans, Senate Invitations

Committee Staff

FROM:     Linda Morgan, Planner II

S.C. Developmental Disabilities Council

RE:             Reception for Members of the General Assembly

DATE:     September 15, 1986

The South Carolina Developmental Disabilities Council is in the process of planning a reception for members of the General Assembly on February 25, 1987, 6 PM to 9 PM. At this point a site has not been selected. We expect to do that by the first of November at which time an official letter of invitation will be submitted to the Invitations Committees. Please continue to reserve February 25th for us until our official letter can be finalized. Please call us if you have any questions.

Thank you for your assistance.

September 19, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Barfield:

The SCTMA Plant Managers Division will hold their 1987 Annual Meeting February 26-28 at The Omni in Charleston, South Carolina. The Division would like to invite all members and spouses of the House to be their guests during the meeting. The Omni Hotel will host all members of the General Assembly to complimentary rooms Thursday and Friday evenings. We ask that you place these dates on the House Calendar. We will be in touch with final details in early 1987.

Kindest regards.

Sincerely,
John G. Beasley
Executive Vice President

October 16, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Barfield:

Thank you for scheduling the S.C. State Museum on the House Calendar for February 12, 1987 from 8:00 a.m. - 10:00 a.m., for a breakfast.

We look forward to meeting with the state's representatives and giving them a tour of our new facility.

Again, I appreciate your assistance with this matter.

Sincerely,
Caroline H. Miley
Director of Public Information

November 10, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Re: Reception Honoring Members of the General Assembly

Dear Rep. Barfield:

On behalf of the members of the South Carolina Cable Television Association, I would like to extend to you and the members of the House an invitation to join the members of the South Carolina Cable Television Association for a reception in honor of the members of the General Assembly from 6:00 P.M. until 8:00 P.M. on Tuesday, February 3, 1987 at the Radisson Hotel.

We would be honored by your presence.

With my warmest regards, I am

Yours very truly,
Vic Nicholls
President

November 24, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Barfield:

The South Carolina Farm Bureau Federation cordially extends an invitation to the members of the House of Representatives, Research Directors, Administrative Assistants, Secretaries, their spouses and/or escorts, to attend our annual Legislative Banquet on Tuesday, February 10, 1987 at 6:00 p.m. at the Ellison Building, State Fairgrounds, Columbia, South Carolina.

Traditionally, we begin on time and present a very short program -- that is our plan this year. We will not hold you to a late hour.

Sincerely,
Harry S. Bell
President

November 24, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Barfield:

I wish to confirm arrangements made by telephone on November 24, 1986 with your office regarding usage of the Old Ways and Means Committee Room on the state House Lobby floor February 18, 1987. The room will house a Legislative Breakfast given by the grass-roots organization CASE from 8:30 a.m. until 10:30 a.m. I will personally see that the room is left in good, clean shape.

I look forward to seeing you at our Legislative Breakfast.

Thank you very much,
Carol B. Boykin
President

RULES AND REGULATIONS RECEIVED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 21, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 781 )

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on January 19, 1987 regulations concerning Definitions, Duties of the Board, Licensure Requirements, Licenses, Education and Fees from the state Board of Nursing.

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

Sincerely,
Robert J. Sheheen

Received as Information.

CONCURRENT RESOLUTION

The following was introduced:

H. 2244 -- Reps. Waldrop and T. Rogers: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE SALARY ENTRY LEVEL FOR LAW ENFORCEMENT OFFICERS EMPLOYED BY THE STATE AND ITS POLITICAL SUBDIVISIONS WITH A VIEW TO INCREASING BEGINNING SALARIES IN ORDER TO RECRUIT COMPETENT AND DEDICATED OFFICERS.

The Concurrent Resolution was ordered referred to the Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 2245 -- Reps. Boan and Hodges: a CONCURRENT RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS OF MR. JAMES H . HOWEY, JR., OF LANCASTER, AS HE PROUDLY FOLLOWS IN HIS FATHER'S FOOTBALL OFFICIAL FOOTSTEPS.

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

CONCURRENT RESOLUTION

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

H. 2246 -- Reps. Hearn, McBride, T. Rogers and J. Brown: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, APRIL 1, 1987, AS "HANDICAPPED CHILDREN'S DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR HANDICAPPED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, APRIL 1, 1987, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Whereas, the Easter Seal Society has again embarked upon its most worthwhile project to raise funds for handicapped children, culminating in the thirty-fifth annual "B.A.C.-Coffee Day for Handicapped Children" in South Carolina on Friday, April 17, 1987; and

Whereas, under the statewide leadership of Roger B. Whaley, state Easter Seal President, and Susan Aude Fisher, state Campaign Chair, ably assisted by James R. Metts, state President and James K. Wilson, "B.A.C." Project Chairman, both from the South Carolina Law Enforcement Officers ' Association, and John G. Riddick, Executive Director, and Harold L. Corley, "B.A.C." Project Chairman, both from the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving handicapped children and assist them in overcoming their disabilities; and

Whereas, the "B.A.C." buttons will go on sale on Friday, April 3, 1987; and

Whereas, the "B.A.C." project and all other programs of the Easter Seal Society deserve the support and merit the praise of all the citizens of the state. Now, therefore,

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

That Wednesday, April 1, 1987, is designated "Handicapped Children's Day" in South Carolina and that Gerald D. Avant, son of Mr. and Mrs. James Avant of Georgetown County; Jessica A. Kent, daughter of Mr. and Mrs. Jeffrey A. Kent of Charleston County; Monica Nelson, daughter of Ms. Varnelle Nelson of Richland County; William Nixon, son of Mr. and Mrs. Jerry Nixon of Fairfield County; and Kenny Wilson, son of Mr. and Mrs. Jack Wilson of Greenville County, who have been chosen to serve as state Easter Seal Representatives to represent all of our handicapped children, be presented to the General Assembly, along with their parents, in a Joint session in the Hall of the House of Representatives on Wednesday , April 1, 1987, at 12:00 noon.

Be it further resolved that the General Assembly extends to the Easter Seal Society and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate activities on behalf of those who are so deserving of help.

Be it further resolved that a copy of this resolution be forwarded to Herman L. Shealy, Jr., Executive Director of the Easter Seal Society, for distribution to the state chairmen of the various phases of the Easter Seal campaign and the "B.A.C." project, as well as to the state Easter Seal Representatives themselves.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2247 -- Reps. Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper, Winstead, M.O. Alexander, T.C. Alexander, Altman, Arthur, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Koon, Lewis, Limehouse, Lockemy, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Wells, White, Wilder, Wilkins and Williams: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF JUDGE JAMES CRAVEN OF CHARLESTON UPON HIS DEATH.

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

SILENT PRAYER

On motion of Rep. KLAPMAN, with unanimous consent, the House stood in silent prayer in memory of former colleague, Judge James Craven of Charleston.

INTRODUCTION OF BILLS

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

H. 2248 -- Reps. Waldrop, McElveen, K. Bailey, Bennett, Aydlette, Barfield, G. Brown, Thrailkill, Harvin and J.Rogers: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESUMPTION FOR WORKERS' COMPENSATION PURPOSES THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIRE FIGHTERS AROSE OUT OF AND IN THE COURSE OF EMPLOYMENT, SO AS TO MAKE THIS PRESUMPTION APPLICABLE TO LAW ENFORCEMENT OFFICERS AS WELL.

Referred to Committee on Labor, Commerce and Industry.

H. 2249 -- Reps. Waldrop, Hearn, Sharpe, Klapman, Jones, Aydlette, M.D. Burriss, Bennett, Chamblee, Cork, Evatt, McElveen, Foxworth, Barfield, J.H. Burriss, Gregory, G. Brown, McTeer, McGinnis, Simpson, Thrailkill, Altman, Corning, Harvin, J. Rogers and Wells: A BILL TO AMEND CHAPTER 13 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST, PROCESS, SEARCHES AND SEIZURES, BY ADDING SECTION 17-13-170 SO AS TO AUTHORIZE LAW ENFORCEMENT OFFICIALS TO INTERCEPT OR MONITOR TELEPHONE COMMUNICATIONS IN HOSTAGE OR TERRORIST SITUATIONS WITHOUT THE NECESSITY OF A COURT ORDER FOR A PERIOD OF UP TO TWENTY-FOUR HOURS UNDER CERTAIN CONDITIONS.

Referred to Committee on Judiciary.

H. 2250 -- Reps. Waldrop, Sharpe, Jones and T. Rogers: A BILL TO AMEND SECTION 9-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPUTATION OF RETIREMENT ALLOWANCES FOR MEMBERS OF THE POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO WHICH IS USED TO COMPUTE THESE RETIREMENT ALLOWANCES.

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

H. 2251 -- Reps. Waldrop, Holt, Foxworth and T. Rogers: A BILL TO AMEND SECTION 16-17-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF BLACKMAIL, SO AS TO PROVIDE THAT THREATS TO A MEMBER OF A PERSON'S IMMEDIATE FAMILY AS WELL AS TO HIMSELF WILL SUBJECT THE PERSON MAKING THE THREAT TO THE CHARGE OF BLACKMAIL.

Referred to Committee on Judiciary.

H. 2252 -- Reps. Waldrop, Foxworth, Sharpe, Jones and T. Rogers: A BILL TO PROVIDE A PROCEDURE FOR THE ISSUANCE OF A SUBPOENA OR SUBPOENA DUCES TECUM BY THE APPROPRIATE CLERK OF COURT UPON THE APPLICATION OF A LAW ENFORCEMENT OFFICER TO THE ATTORNEY GENERAL OR CIRCUIT SOLICITOR AND TO HOLD THE PARTY RESPONDING IN GOOD FAITH IMMUNE FROM CIVIL OR CRIMINAL ACTION.

Referred to Committee on Judiciary.

H. 2253 -- Reps. Hodges and Boan: A BILL TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO PROVIDE THAT ANY PERSON CONDUCTING THE TEST IS NOT LIABLE FOR ANY CLAIM FOR CIVIL DAMAGES ARISING OUT OF PERSONAL INJURY BASED ON CONTRACT OR TORT.

Referred to Committee on Judiciary.

H. 2254 -- Reps. Boan, J.W. Johnson and Hodges: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.

Referred to Committee on Judiciary.

H. 2255 -- Reps. Boan and Hodges: A BILL TO AMEND SECTION 5-37-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF IMPROVEMENT DISTRICTS WITHIN CITIES, SO AS TO REVISE THE PROCESS REQUIRED FOR CREATION OF A DISTRICT.

Referred to Committee on Judiciary.

H. 2256 -- Rep. Ferguson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-550 SO AS TO REQUIRE PUBLIC SCHOOL PUPILS TO BE ASSIGNED IN A MANNER THAT WILL INSURE THAT THE STUDENT BODY OF EACH SCHOOL APPROXIMATELY REFLECTS THE RACIAL MAKEUP OF THE DISTRICT'S SCHOOL AGE POPULATION.

Referred to Committee on Education and Public Works.

H. 2257 -- Reps. McEachin and Sheheen: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

Referred to Committee on Judiciary.

H. 2258 -- Reps. J. Rogers and Edwards: A BILL TO AMEND SECTION 59-1 13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF " INDEPENDENT INSTITUTION OF HIGHER LEARNING", SO AS TO DELETE FROM THE DEFINITION ANY INDEPENDENT JUNIOR COLLEGE ACCREDITED BY ANY OTHER ACCREDITING AGENCY RECOGNIZED AND DESIGNATED BY THE STATE DEPARTMENT OF EDUCATION AND TO INCLUDE ANY INDEPENDENT JUNIOR OR SENIOR COLLEGE WHOSE MAIN CAMPUS IS LOCATED IN THIS STATE.

Referred to Committee on Education and Public Works.

H. 2259 -- Reps. Wilkins, P. Bradley and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-555 SO AS TO MAKE A FELONY OF THE KNOWING DELIVERY OR PLACING OF A DEVICE WITH THE INTENT TO TERRORIZE, FRIGHTEN, INTIMIDATE, THREATEN, HARASS, MOLEST, OR ANNOY ANY OTHER PERSON, WHEN THE DEVICE IS A BOMB AND SECTION 16-11-556 SO AS TO MAKE A MISDEMEANOR OF THE KNOWING DELIVERY OR PLACING OF A DEVICE WITH THE INTENT TO TERRORIZE, FRIGHTEN, INTIMIDATE, THREATEN, HARASS, MOLEST, OR ANNOY ANY OTHER PERSON, WHEN THE DEVICE IS SO CONSTRUCTED AS TO REPRESENT, OR IS PRESENTED AS, A BOMB; TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME CONTAINED IN SECTION 16-11-555.

Referred to Committee on Judiciary.

H. 2260 -- Reps. Day and H. Brown: A BILL TO AMEND SECTION 24-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS AND SEGREGATION OF SEXES, SO AS TO PROVIDE FOR THE SEPARATION OF PRISONERS IN CORRECTIONAL FACILITIES OPERATED BY THE DEPARTMENT OF CORRECTIONS.

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

H. 2261 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO DEFINE "WHOLESALE" AND "RETAIL" SEAFOOD DEALERS AND "SALTWATER FISHERY PRODUCTS" SO AS TO REGULATE THE SALE OF SALTWATER FISHERY PRODUCTS LANDED IN SOUTH CAROLINA AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources .

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, J.
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, T. M.         Carnell
Chamblee               Clyborne               Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Elliott                Evatt                  Faber
Fair                   Ferguson               Foster
Foxworth               Gentry                 Gilbert
Gordon                 Gregory                Harris, J.
Harris, P.             Harvin                 Hawkins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Johnson, J.W.          Kay                    Keyserling
Kirsh                  Klapman                Kohn
Koon                   Lewis                  Limehouse
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Neilson
Nesbitt                Nettles                Ogburn
Pearce                 Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Simpson                Snow                   Taylor
Thrailkill             Tucker                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Sess ion on January 22, 1987.

Joseph T. Petty                   Eugene C. Stoddard
Philip T. Bradley                 Thomas E. Huff
William H. Jones                  John H. Burriss
Thomas N . Rhoad                  M. D. Burriss
James E. Lockemy                  Lenoir Sturkie
John G . Felder                   T . W . Edwards
Total Present--112

STATEMENT OF ATTENDANCE

Rep. HEARN signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on January 15, 1987.

LEAVES OF ABSENCE

The SPEAKER granted Reps. O. PHILLIPS, L. PHILLIPS and RUSSELL a leave of absence for the day.

The SPEAKER granted Rep. McELVEEN a leave of absence for the day due to illness in the family.

The SPEAKER granted Rep. TOAL a leave of absence for the day due to a court appearance.

HOUSE RESOLUTION

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

H. 2262 -- Reps. Boan, Hodges, P. Harris, M.O. Alexander, T . C . Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Russell, Sharpe, Sheheen, Shelton, Short, simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A HOUSE RESOLUTION TO RECALL AND REMEMBER THE ANNIVERSARY OF THE BIRTH OF OUR ESTEEMED DEPARTED COLLEAGUE, THE HONORABLE TOM MANGUM OF LANCASTER COUNTY, WHO WAS BORN JANUARY 23, 1916, AND TO RECOGNIZE HIS MANY YEARS OF DEDICATED AND LOYAL SERVICE TO THE CITIZENS OF LANCASTER COUNTY AND TO THE STATE OF SOUTH CAROLINA.

Whereas, the Honorable Tom Mangum of Lancaster County was born January 23, 1916; and

Whereas, by dint of hard work, perserverence, and faith he became a successful and respected businessman; and

Whereas, Tom was not content to rest on his business success alone. Restless and eager to serve the people of his beloved Lancaster County and South Carolina he sought a larger forum and was elected to the House of Representatives first, in 1950 and again in 1960 from which time he served continuously until his death in 1986; and

Whereas, as a member of this body he was widely acclaimed and recognized for his financial acumen which led to his election to the office of chairman of the powerful Ways and Means Committee; and

Whereas, Tom was fiscally conservative and understood the value of the dollar. He also understood the needs and desires of the citizens of this state. His goal was always to attempt to effect a balance between the aspirations of those he served and the preservation of fiscal responsibility; and

Whereas it is fitting that we remember the birthday of our beloved colleague on this day and pay tribute to a leader of this House who died in service to his state. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the General Assembly of the state of South Carolina recall and remember the anniversary birth of their esteemed departed colleague, the Honorable Tom Mangum, who was born January 23, 1916, and recognize his many years of dedicated and loyal service to the citizens of Lancaster County and to the state of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the family of the Honorable Tom Mangum.

The Resolution was adopted.

SILENT PRAYER

On motion of Rep. BOAN, with unanimous consent, the House stood in silent prayer in memory of former House member Tom G. Mangum.

STATEMENT BY REP. BOAN

On motion of Rep. CARNELL, with unanimous consent, Rep . BOAN'S remarks were ordered printed in the Journal as follows:

"Thank you, Mr. Speaker. Tomorrow would be Tom Mangum's seventy-first birthday, and I believe it's appropriate that we pause at this time and honor the memory of the man this House respectfully referred to as "Mr. Chairman".

The new members will never have the experience of observing Mr . Mangum' s uncompromising approach to pushing an appropriations bill through this House. Although he was never the floor leader, he was always in control of the process. His protective attitude about state spending was reflected in his pride for the state's excellent credit rating. While new spending measures may have been implemented without his blessings, it was not without a fight.

Tom was an old style politician. But although he was a power broker, he never lost Sight of those less fortunate. Some agencies that honored Mr. Mangum's efforts on their behalf were Mental Retardation, School for the Deaf and Blind and Vocational Rehabilitation. But none were closer to his heart than the University of South Carolina, and many of you joined Senator strom Thurmond in Lancaster County last spring in the dedication of the Tom Mangum Bridge on South Carolina 200 over the Catawba River. That same evening at USC Lancaster, the Tom G. Mangum Endowment was announced with over $160,000 raised for scholarships for Lancaster County students to attend USC and USC-Lancaster.

Despite his rise in politics to become one of the most powerful men in state government, he will be remembered most back home for the little things.

The individual constituent requests that he provided for the people of Lancaster County was his trademark. From the college students he helped with part-time jobs to the families he assisted with nursing home problems - these are the people who will miss Tom Mangum most.

I'd like to close with a story about Tom. The Elgin Fire Department in my district, which is the largest precinct in my district, has an annual barbecue. About two years ago, I ran into Tom as he was leaving. We talked a few minutes, and as he turned to leave, I said 'Tom, what are you doing down here in my district? ' He looked back at me over those glasses, out from under that shortbilled hat, with that chewed cigar tucked in the side of his jaw and said, 'The whole county is my district'. And it was. And the whole state was."

MOTION ADOPTED

Rep. BLACKWELL moved that when the House adjourn it adjourn out of memory and respect for former Representative Tom G. Mangum, which was agreed to.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.

S. 63 -- Senator Nell W. Smith: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR PICKENS COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGIsTRATION BOARD OF PICKENS COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

S. 127 -- Judiciary Committee: A BILL TO RATIFY AN AMENDMENT TO SECTION 26 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT TERMS OF MAGISTRATES MUST BE UNIFORM STATEWIDE.

SENT TO THE SENATE

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

H. 2208 -- Reps. Baxley, Beasley, Neilson and Gilbert: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF COMMUNITY ECONOMIC BETTERMENT ASSOCIATES, INC.

ORDERED TO THIRD READING

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

H. 2240 -- Judiciary Committee: A BILL TO AMEND SECTION 20-7-477, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUITABLE APPORTIONMENT OF MARITAL PROPERTY, SO AS TO PROVIDE THAT THE RIGHTS AND INTERESTS OF EACH SPOUSE IN THE OTHER'S REAL PROPERTY ARE NOT EFFECTIVE AGAINST THIRD PARTIES UNTIL A NOTICE OF PENDENCY OF ACTION IS FILED, AND WITH REGARD TO PERSONAL PROPERTY, UNTIL THE THIRD PARTY HAS RECEIVED WRITTEN NOTICE THAT A NOTICE OF PENDENCY OF ACTION HAS BEEN FILED.

Rep. WILKINS explained the Bill.

H. 2240--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 2240 be read the third time tomorrow.

H. 2159--CO-SPONSOR ADDED

Rep. BAXLEY asked unanimous consent to have his name added as a co-sponsor to H. 2159, which was agreed to.

Rep. M.O. ALEXANDER moved that the House do now adjourn which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2226 -- Rep. McKay: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. JOHN WILLIAM MATHIS, JR., OF TIMMONSVILLE.

H. 2239 -- Reps. Snow, Gordon and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ROBERT M. JOHNSTON OF WILLIAMSBURG COUNTY FOR HIS THIRTY-ONE YEARS OF SERVICE TO THE WILLIAMSBURG COUNTY CLEMSON EXTENSION SERVICE.

H. 2245 -- Reps. Boan and Hodges: A CONCURRENT RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS OF MR. JAMES H. HOWEY, JR., OF LANCASTER, AS HE PROUDLY FOLLOWS IN HIS FATHER'S FOOTBALL OFFICIAL FOOTSTEPS.

H. 2247 -- Reps. Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper, Winstead, M.O. Alexander, T.C. Alexander, Altman, Arthur, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Koon, Lewis, Limehouse, Lockemy, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Wells, White, Wilder, Wilkins and Williams: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF JUDGE JAMES CRAVEN OF CHARLESTON UPON HIS DEATH.

ADJOURNMENT

At 10:30 A.M. the House in accordance with the motion of Rep. BLACKWELL adjourned out of memory and respect for former Representative Tom G. Mangum to meet at 10:00 A.M. tomorrow.

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