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

WEDNESDAY, MARCH 11, 1987

Wednesday, March 11, 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. Alton C. Clark as follows:

Almighty God and Father, Whose presence is the answer to every prayer, we thank You for the priceless gift of another day in which to serve. Keep our visions high and our goals clear throughout this day and every day. Enable us to avoid impatience and discouragement. Sharpen our intellect. Grant us sound judgment. Deepen our insight. May we face each succeeding day with a resolute determination to do all the good we can, in all the ways we can, for all the people we can. As we aspire to greater responsibilities, keep us faithful in the performance of little ones.

And grant us that peace that inevitably comes to those whose trust is stayed in You, O Lord. Amen.

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

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

REPORT OF STANDING COMMITTEE

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

H. 2409 -- Reps. T.M. Burriss, Lockemy, M.D. Burriss and Corning: A BILL TO AMEND SECTIONS 40-33-10, 40-33-20, 40-33-50, 40-33-260, 40-33-290, 40-33-520, 40-33-530, 40-33-560, 40-33-720, 40-33-730, 40-33-760, 40-33-910, 40-33-920, 40-33-935, 40-33-940, 40-33-950, 40-33-1120, AND 40-33-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSES, SO AS TO DEFINE TEMPORARY PERMIT, LICENSE, LAPSED LICENSE, VOLUNTARY SURRENDER, INACTIVE LICENSE, ACCREDITATION, INCREASE THE PENALTY FOR UNLICENSED NURSING PRACTICE; AUTHORIZE THE BOARD TO DENY LICENSURE BECAUSE OF INCOMPETENCE OR UNPROFESSIONAL CONDUCT; REPLACE THE TERM "REGISTRATION" WITH "LICENSURE" AND THE TERM "ACCREDITATION OF SCHOOLS OF NURSING" WITH "APPROVAL OF NURSING EDUCATION PROGRAMS"; TO PROVIDE PRACTICAL NURSE EDUCATION; TO AUTHORIZE THE BOARD TO REVOKE OR SUSPEND THE LICENSE OF A PRACTICING NURSE WHO HAS DECLINED OR BEEN UNSUCCESSFUL IN ACCOMPLISHING CHEMICAL ABUSE REHABILITATION; TO ADD SECTION 40-33-220 SO AS TO ENUMERATE THE POWERS OF THE BOARD OF NURSING; AND TO REPEAL SECTIONS 40-33-300, AND 40-33-1140 THROUGH 40-33-1160 RELATING TO ACCREDITATION OF COURSES FOR PRACTICAL NURSES.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 500 -- Senators Dennis, Applegate, Branton, Bryan, Courson, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY AND SORROW OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FAMILY OF DR. HERBERT LOURIE OF SYRACUSE, NEW YORK, FORMERLY OF ST. GEORGE, SOUTH CAROLINA, THE BROTHER OF OUR RESPECTED AND ESTEEMED COLLEAGUE SENATOR ISADORE LOURIE, UPON HIS TRAGIC DEATH.

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

SILENT PRAYER

The House stood in silent prayer in memory of Senator Isadore Lourie's brother Dr. Herbert Lourie.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 501 -- Senator Mitchell: A CONCURRENT RESOLUTION CONGRATULATING MR. IRVIN THOMPSON, JR., OF GREENVILLE COUNTY UPON RECEIVING THE SILVER BEAVER AWARD BY THE BOY SCOUTS OF AMERICA, AND COMMENDING HIM FOR HIS DISTINGUISHED AND DEDICATED SERVICE TO SCOUTING AND TO HIS COMMUNITY.

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. 2632 -- Reps. Ogburn, J.W. McLeod, G. Bailey, J. Harris, Boan, M.O. Alexander, Ferguson, Beasley, Lockemy, Neilson and J. Bradley: A BILL TO AMEND SECTION 38-37-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO PROVIDE THAT ALL THE MEMBERS OF THE GOVERNING BOARD MUST BE RESIDENTS OF SOUTH CAROLINA.

Referred to Committee on Labor, Commerce and Industry.

H. 2633 -- Reps. Baker, Mattos, Mappus, Thrailkill, Rice, Davenport, Clyborne, Evatt, Cork, Jones, Lockemy, J.W. McLeod, Moss, Bennett, Hearn, K. Bailey, M.O. Alexander, T. Rogers, Elliott, Wells, McGinnis, Stoddard, Baxley, O. Phillips and Neilson: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND LICENSE FEES FOR PRIVATE PASSENGER-CARRYING VEHICLES AND PROPERTY-CARRYING VEHICLES, SO AS TO ELIMINATE THE FEE FOR A DISABLED VETERAN ON THE PERSONAL VEHICLE OWNED BY THE VETERAN EXEMPT FROM AD VALOREM TAXES.

Referred to Committee on Education and Public Works.

H. 2634 -- Reps. Toal, McElveen and Sheheen: A BILL TO AMEND CHAPTER 3 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ANNEXATION AUTHORIZED FOR MUNICIPALITIES, BY ADDING SECTION 5-3-300 SO AS TO AUTHORIZE AN ADDITIONAL METHOD OF ANNEXATION WHICH MAY BE INITIATED BY A PETITION OF TWENTY-FIVE PERCENT OR MORE OF THE RESIDENT FREEHOLDERS IN AN AREA CALLING FOR AN ELECTION IN PROPOSED AREA AND IF APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS THE MUNICIPAL A COUNCIL SHALL GIVE PUBLIC NOTICE THAT IT INTENDS TO ANNEX THE AREA, PROVIDE THAT NOTICE OF THE ELECTION MUST BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY, PROVIDE THAT IF A PETITION IS NOT SUBMITTED WITHIN THIRTY DAYS AFTER NOTICE IS GIVEN AN ELECTION MUST BE HELD WITHIN A MUNICIPALITY TO APPROVE THE ANNEXATION, PROVIDE THAT THE ANNEXATION IS NOT EFFECTIVE UNLESS APPROVED BY THE ELECTORS IN THE MUNICIPALITY, AND PROVIDE THAT ANY FREEHOLDER WHO OWNS TWENTY-FIVE PERCENT OR MORE OF THE ASSESSED VALUE OF REAL PROPERTY IN THE AREA TO BE ANNEXED SHALL RECEIVE WRITTEN NOTICE OF THE ANNEXATION AND IF HE FILES WRITTEN OBJECTION TO THE INCLUSION OF HIS PROPERTY IN THE AREA TO BE ANNEXED HIS PROPERTY MUST BE EXCLUDED FROM THE ANNEXATION.

Referred to Committee on Judiciary.

H. 2635 -- Reps. Toal, McElveen and Sheheen: A BILL TO AMEND CHAPTER 3 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNEXATION PROCEDURES AUTHORIZED FOR MUNICIPALITIES, BY ADDING SECTION 5-3-310 SO AS TO AUTHORIZE A MUNICIPALITY TO ANNEX A CONTIGUOUS AREA IF A PETITION SIGNED BY SIXTY PERCENT OR MORE OF THE RESIDENT FREEHOLDERS WHO OWN SIXTY PERCENT OF THE ASSESSED VALUE OF REAL PROPERTY IN THE AREA PROPOSED TO BE ANNEXED IS PRESENTED TO THE MUNICIPAL COUNCIL.

Referred to Committee on Judiciary.

H. 2636 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 799, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 2637 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CERTIFICATION OF ENVIRONMENTAL SYSTEMS OPERATORS, RELATING TO PHYSICAL/CHEMICAL WASTEWATER TREATMENT OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 675, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 2638 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR FORESTERS, RELATING TO HEADQUARTERS, OFFICERS, MEETINGS, SEALS, COMMITTEES, APPLICATION FOR REGISTRATION, REQUIREMENTS FOR REGISTRATION, EXPIRATION AND RENEWAL, REGISTRATION DETERMINATION, RECIPROCITY, ADDRESS REQUIREMENT, STATEMENT OF GUIDING DEFINITIONS, EXCEPTIONS, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 2639 -- Reps. Helmly, Day, H. Brown, Williams, Holt, Dangerfield, D. Martin, G. Bailey and Washington: A BILL TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE FOR ADDITIONAL POWERS; AND TO AMEND SECTION 58-31-80, RELATING TO THE PURPOSE AND OBLIGATIONS OF THE AUTHORITY, SO AS TO PROVIDE AN ADDITIONAL PURPOSE.

Referred to Committee on Education and Public Works.

H. 2640 -- Rep. Moss: A BILL TO AMEND SECTION 7-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE VOTING PRECINCTS IN CHEROKEE COUNTY, SO AS TO REVISE THESE VOTING PRECINCTS AND PROVIDE FOR THE POLLING PLACES.

Referred to Cherokee Delegation.

H. 2641 -- Reps. Davenport, H. Brown, G. Brown, Sharpe, Toal, R. Brown, Taylor, M.D. Burriss, Gilbert, L. Phillips, McEachin, Mattos, Foxworth, T.C. Alexander, Baker, Petty, Fair, Keyserling, Ferguson, Jones, Hayes, Kay, Whipper, Klapman, Altman, Townsend, T. Rogers, McGinnis, Haskins, P. Harris, Mappus, T.M. Burriss, P. Bradley, Simpson, Barfield, Corning, G. Bailey, J.H. Burriss, K. Bailey, E.B. McLeod, Wells, Russell, Derrick, D. Martin, Gentry, Hearn and J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1235 SO AS TO PROHIBIT TINTING OR CHANGING THE COLOR OF A MOTOR VEHICLE LICENSE PLATE OR REVALIDATION STICKER AND TO PROVIDE PENALTIES.

Referred to Committee on Education and Public Works.

H. 2642 -- Reps. Corning, Hearn and Cork: A BILL TO AMEND CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC REGULATIONS, BY ADDING ARTICLE 49 SO AS TO REQUIRE AN OCCUPANT OF A MOTOR VEHICLE TO WEAR A PROPERLY FASTENED SAFETY BELT WHEN THE OCCUPANT IS AT LEAST FOUR YEARS OF AGE BUT NOT YET SIXTEEN YEARS OF AGE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Education and Public Works.

H. 2643 -- Reps. Corning and T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-25-65 SO AS TO PROHIBIT THE PAYMENT OR RECEPTION OF MONEY OR OTHER ARTICLE OF VALUE FOR TRANSPORTING AN ELECTOR TO THE POLLING PLACE ON ELECTION DAY, EXCEPT AS MILEAGE REIMBURSEMENT, TO LIMIT REIMBURSEMENT, AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

S. 236 -- Senators Applegate, Drummond, Giese, Hinson, Macaulay, Pope, Shealy, Thomas E. Smith, Jr., Thomas and Wilson: A BILL TO AMEND SECTION 36-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THIS APPLICATION; TO AMEND SECTION 36-1-201, RELATING TO DEFINITIONS UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THE DEFINITIONS OF "BUYER IN ORDINARY COURSE OF BUSINESS" AND "SECURITY INTEREST"; TO AMEND SECTION 36-2-107, RELATING TO GOODS TO BE SEVERED FROM REALTY, SO AS TO PROVIDE THAT TIMBER SHALL BE TREATED AS GOODS INSTEAD OF REAL ESTATE UNDER THE SECTION; TO AMEND SECTION 36-5-116, RELATING TO TRANSFER AND ASSIGNMENT, SO AS TO INCLUDE CONTRACT RIGHTS IN THE DEFINITION OF AN ACCOUNT; TO AMEND CHAPTER 9 OF TITLE 36, RELATING TO SECURED TRANSACTIONS, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER; TO AMEND CHAPTER 10 OF TITLE 36, RELATING TO THE EFFECTIVE DATE OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE EFFECTIVE DATE OF THE INITIALLY ENACTED UNIFORM COMMERCIAL CODE; TO AMEND TITLE 36 BY ADDING CHAPTER 11 SO AS TO PROVIDE TRANSITION PROVISIONS FOR AND THE EFFECTIVE DATE OF THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED IN THIS ACT; TO AMEND SECTIONS 15-3-520, 29-3-310, 29-3-330, 29-3-340, 29-3-350, 29-3-360, 29-3-390, 29-3-400, 29-3-470, 30-5-30, 30-7-10, 30-7-60, 30-7-70, 30-7-80, 30-9-30, 30-9-40, AND 30-11-20 SO AS TO FURTHER PROVIDE FOR THESE SECTIONS IN CONJUNCTION WITH THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED HEREIN; AND TO REPEAL SECTIONS 27-23-80, 27-39-50, 27-39-260, 30-5-160, 30-5-170, 33-9-130, 56-19-640, AND 56-19-690 OF THE 1976 CODE AND SECTIONS 8-181 THROUGH 8-200, 8-211 THROUGH 8-215, 8-801 THROUGH 8-1076, 8-1081 THROUGH 8-1108, 11-103, 11-201 THROUGH 11-206, 12-17.1 THROUGH 12-17.25, 27-56.1, 27-61.1, 27-62, 27-63, 27-64, 27-64.1, 27-64.2, 27-65, 27-66.1, 45-151, 45-152, 45-158, 45-161, 45-162, 45-163, 45-164, 45-201 THROUGH 45-211, 45-401 THROUGH 45-410, 60-64.1, 60-301, 60-302, 60-302.1, 60-303, 60-304, 60-305, 60-306, 60-306.1, 60-307, 60-308, 60-309, 60-310, AND 60-311 OF THE 1962 CODE.

Referred to Committee on Judiciary.

S. 314 -- Senator Drummond: A Bill TO AMEND SECTION 1-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATES FOR PARTICULAR STATE AGENCIES, COMMISSIONS, AND BOARDS, SO AS TO DELETE THE JOINT LIAISON COMMITTEE ON SMALL BUSINESS WHICH IS SCHEDULED FOR TERMINATION ON JUNE 30, 1987.

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

S. 415 -- Judiciary Committee: A BILL TO AMEND CHAPTERS 1 THROUGH 20 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS CORPORATIONS, SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988" INCLUDING PROVISIONS RELATING TO INCORPORATION OF BUSINESS ORGANIZATIONS, PURPOSES, AND POWERS OF CORPORATIONS, NAMES, OFFICES, AND AGENTS, SHARES AND DISTRIBUTIONS, SHAREHOLDERS, DIRECTORS, AND OFFICERS, AMENDMENTS OF ARTICLES OF INCORPORATION AND BYLAWS, MERGER AND SHARE EXCHANGE, SALE OF ASSETS, DISSENTERS' RIGHTS, DISSOLUTION, FOREIGN CORPORATIONS, RECORDS, AND REPORTS, CLOSE CORPORATIONS, PROFESSIONAL CORPORATIONS, AND TRANSITION PROVISIONS; TO AMEND SECTIONS 33-42-30 AND 12- 19-20, BOTH AS AMENDED, AND 12-19-70, 12-19-120, 15-9-210, 15-9-240, 15-9-245, AND 15-9-430, RELATING TO THE NAME OF A LIMITED PARTNERSHIP, FILING OF ANNUAL REPORTS, CORPORATE LICENSE FEES OR TAXES, AND SERVICE OF PROCESS, SO AS TO CONFORM THEM TO THE NEW PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988 AND TO MAKE CERTAIN OTHER CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 15-7-35 SO AS TO PROVIDE FOR VENUE IN SUITS BROUGHT AGAINST DOMESTIC AND FOREIGN CORPORATIONS; AND TO REPEAL SECTIONS 12-19-130, 15-9-260, 15-63-20 THROUGH 15-63-50, 33-51-10 THROUGH 33-51-170 AND CHAPTERS 21, 23, AND 25 OF TITLE 33 RELATING TO THE TIME FOR FILING OF ANNUAL REPORTS AND PAYMENT OF FEES OR TAXES, SERVICE OF PROCESS, CHARTER ANNULMENT, PROFESSIONAL ASSOCIATIONS, DISSOLUTION, FOREIGN BUSINESS CORPORATIONS, ANNUAL REPORTS, POWERS OF THE SECRETARY OF STATE, AND MISCELLANEOUS MATTERS.

Referred to Committee on Judiciary.

S. 424 -- Banking and Insurance Committee: A BILL TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS WHICH REQUIRE EACH INSURER LICENSED TO WRITE PROPERTY AND CASUALTY INSURANCE IN THIS STATE, TO SUBMIT CERTAIN INFORMATION AND SUPPLEMENTAL REPORTS RELATING TO ITS WRITINGS IN THIS STATE AND THE UNITED STATES; TO PROVIDE FOR, AMONG OTHER THINGS, THE FORM, COVERAGE, AND CONTENTS OF THE SUPPLEMENTAL REPORT; TO REQUIRE THE CHIEF INSURANCE COMMISSIONER ANNUALLY TO COMPILE AND REVIEW ALL REPORTS SUBMITTED PURSUANT TO THIS ACT; AND TO PROVIDE THAT THE INFORMATION SUBMITTED MUST BE PUBLISHED AND MADE AVAILABLE TO INTERESTED INSURERS OR CITIZENS, AND TO PROVIDE CIVIL PENALTIES FOR INSURERS WHO FAIL TO COMPLY WITH THE PROVISIONS OF THIS ACT.

Referred to Committee on Labor, Commerce and Industry.

S. 431 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 18-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAPERS FILED WITH THE CLERK OF COURT IN CRIMINAL APPEALS FROM MAGISTRATES, AND SECTION 22-3-790, RELATING TO TESTIMONY OF WITNESSES IN MAGISTRATES' COURTS, SO AS TO PROVIDE THAT TESTIMONY TAKEN DOWN BY A STENOGRAPHER OR RECORDED DOES NOT NEED TO BE SIGNED BY THE WITNESSES.

Referred to Committee on Judiciary.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on March 11, 1987.

David O. Hawkins                  David C. Waldrop
William H. Jones                  David Beasley
Larry Gentry                      Lenoir Sturkie
John R. Russell                   E. Crosby Lewis
John Felder                       L. Edward Bennett
Total Present--115

DOCTOR OF THE DAY

Announcement was made that Thomas C. Rowland, Jr., of Columbia is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

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

S. 387 -- Senator Bryan: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THEIR PROCEEDS MAY BE EXPENDED; AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.

S. 467 -- Senator Land: A BILL TO REDUCE THE NUMBER OF MAGISTRATES IN LEE COUNTY AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF TWO MAGISTRATES.

H. 2622 -- Rep. Wilder: A BILL TO CLOSE A PORTION OF GREEN SAVANNAH LAKE ROAD IN BARNWELL COUNTY AND TO TERMINATE ALL RIGHTS, DUTIES, OR RESPONSIBILITIES THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS HAVE IN CONNECTION WITH THIS ROAD AND DEVOLVE THEM ON THE OWNER OF THE PROPERTY ON WHICH THE ROAD IS LOCATED.

S. 387--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. J.W. JOHNSON, with unanimous consent, it was ordered that S. 387 be read the third time tomorrow.

S. 467--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. G. BROWN, with unanimous consent, it was ordered that S. 467 be read the third time tomorrow.

H. 2089--SENT TO THE SENATE

The following Bill was taken up.

H. 2089 -- Rep. D. Martin: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE EXTERIOR DOOR DESIGNATED BY THE CHAIRMAN OF THE POLL MANAGERS INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.

Rep. CORNING asked unanimous consent to amend the Bill on third reading. Rep. J. BROWN objected.

The Bill was then read the third time and ordered sent to the Senate.

H. 2039--OBJECTIONS

The following Bill was taken up.

H. 2039 -- Reps. Limehouse and P. Bradley: A BILL TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE WHOLESALERS OR DEALERS, SO AS TO INCREASE THE PENAL AMOUNT OF SURETY BONDS REQUIRED OF THEM FROM FIFTEEN THOUSAND TO TWENTY-FIVE THOUSAND DOLLARS.

Reps. O. PHILLIPS, COOPER and CHAMBLEE objected to the Bill.

SENT TO THE SENATE

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

H. 2120 -- Reps. Kirsh, Nesbitt and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-135 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY MAY NOT ENFORCE ANY PROVISIONS OF A NATIONALLY RECOGNIZED BUILDING CODE WHICH IT HAS ADOPTED TO REGULATE THE CONSTRUCTION OR IMPROVEMENT OF AGRICULTURAL BUILDINGS, TO DEFINE AGRICULTURAL BUILDING, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY UNLESS PRIOR TO CONSTRUCTING AN AGRICULTURAL BUILDING THE PERSON OWNING THE PROPERTY ON WHICH THE BUILDING IS TO BE CONSTRUCTED FILES AN AFFIDAVIT WITH THE COUNTY OFFICIAL RESPONSIBLE FOR ENFORCING THE BUILDING CODE STATING THAT THE BUILDING IS BEING CONSTRUCTED ON AGRICULTURAL PROPERTY AS DEFINED UNDER THE PROVISIONS OF SECTION 12-43-230, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT AFFECT THE ISSUANCE OF BUILDING PERMITS BY ANY COUNTY WHICH REQUIRES ONE PRIOR TO THE CONSTRUCTION OR IMPROVEMENT OF A BUILDING.

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

H. 2610 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, SO AS TO REDUCE THE LIMITATION PERIOD FROM SIX YEARS TO THREE YEARS; TO AMEND SECTION 15-3-535, RELATING TO THE TIME WITHIN WHICH CERTAIN ACTIONS FOR CRIMINAL CONVERSATION AND THEIR ACTIONS MUST BE COMMENCED, SO AS TO REVISE THIS TIME; TO AMEND SECTION 15-3-545, RELATING TO THE STATUTE OF LIMITATIONS IN MALPRACTICE ACTIONS, SO AS TO PROVIDE A TOLLING PERIOD OF NOT MORE THAN SEVEN YEARS ON ACCOUNT OF MINORITY; TO AMEND THE 1976 CODE BY ADDING SECTION 15-33-125, SO AS TO PERMIT A NEW TRIAL LIMITED TO DAMAGES ONLY IN THOSE INSTANCES WHERE THE PLAINTIFF WAS ENTITLED TO A DIRECT VERDICT OF LIABILITY; BY ADDING SECTION 15-33-135, SO AS TO PROVIDE A DEFINITION OF PUNITIVE DAMAGES IN CIVIL ACTIONS; TO AMEND SECTION 15-1-300, RELATING TO CONTRIBUTORY NEGLIGENCE IN MOTOR VEHICLE ACCIDENT ACTIONS, SO AS TO BROADEN THE SECTION TO PROVIDE FOR THE GENERAL APPLICATION OF THE RULE OF COMPARATIVE NEGLIGENCE IN CERTAIN TORT ACTIONS, TO PROVIDE FOR JOINT AND SEVERAL LIABILITY OF JOINT TORTFEASORS, AND TO PROHIBIT SETOFFS IN CERTAIN CASES; TO AMEND SECTION 15-73-20, RELATING TO LIABILITY AND RECOVERY AGAINST SELLERS OF DEFECTIVE PRODUCTS, SECTION 42-1-520 RELATING TO DEFENSES AVAILABLE TO EMPLOYERS UNDER THE WORKERS' COMPENSATION LAW, SECTION 56-5-3220 RELATING TO THE EFFECT OF THE FAILURE OF CERTAIN INCAPACITATED PERSONS TO CARRY A CANE OR BE GUIDED BY A GUIDE DOG ON STREETS AND HIGHWAYS, SECTION 56-5-6460 RELATING TO A VIOLATION OF CHILD PASSENGER RESTRAINT SYSTEM LAWS NOT CONSTITUTING NEGLIGENCE, SECTION 58-17-1440 RELATING TO THE PENALTY AND DAMAGES FOR INJURY AT RAILROAD CROSSINGS IF REQUIRED SIGNALS ARE NOT GIVEN, AND SECTION 58-17-3730 RELATING TO ACTIONS AGAINST RAILROAD COMMON CARRIERS, SO AS TO CONFORM THESE SECTIONS TO THE ABOVE PROVISIONS AND TO DELETE ANY REFERENCES TO CONTRIBUTORY NEGLIGENCE AND CERTAIN OTHER REFERENCES OR DEFENSES IN CONFLICT WITH THE DOCTRINE OF COMPARATIVE NEGLIGENCE; TO AMEND TITLE 15 OF THE 1976 CODE, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 38 SO AS TO ENACT THE SOUTH CAROLINA CONTRIBUTION AMONG TORTFEASORS ACT; TO PROVIDE FOR LIABILITY FOR THE WRONGFUL USE OF A CIVIL PROCEEDING AND TO PROVIDE DAMAGES THEREFOR.

H. 2331--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. FOXWORTH having the floor.

H. 2331 -- Reps. Pearce and Foxworth: A BILL TO AMEND SECTIONS 48-45-20, 48-45-40, 48-45-50, 48-45-60, 48-45-70, AND 48-45-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SEA GRANT CONSORTIUM, SO AS TO DELETE SECRETARY-TREASURER FROM THE LIST OF OFFICERS REQUIRED, TO CHANGE THE NAME OF SEA GRANT DIRECTOR TO THE CONSORTIUM DIRECTOR, AND TO PROVIDE ADDITIONAL POWERS AND DUTIES FOR HIM, AND TO REPEAL SECTIONS 48-45-30 AND 48-45-90 RELATING TO THE PRINCIPAL OFFICE OF SEA GRANT CONSORTIUM AND TO ASSOCIATE SEA GRANT DIRECTORS.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 10, by the Committee on Agriculture and Natural Resources.

Rep. FOXWORTH continued speaking.

The amendment was then adopted.

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

H. 2196--DEBATE ADJOURNED

The motion of Rep. TOAL to reconsider the vote whereby the following Bill was given a second reading was taken up.

H. 2196 -- Reps. J. Bradley, Holt and D. Martin: A BILL TO AMEND SECTION 6-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF HISTORICAL OR RECREATIONAL DISTRICTS FROM THE PROVISIONS OF ARTICLE 3 OF CHAPTER 11 OF TITLE 6 CONCERNING THE ALTERATION OF BOUNDARIES AND THE ISSUANCE OF GENERAL OBLIGATION BONDS OF SPECIAL PURPOSE DISTRICTS, SO AS TO DELETE RECREATIONAL DISTRICTS FROM THE EXEMPTION.

Rep. T. ROGERS moved to adjourn debate upon the motion to reconsider, which was adopted.

H. 2361--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the motion to following Bill until Tuesday, March 17, which was adopted.

H. 2361 -- Reps. Davenport, T. Rogers, Whipper, M.D. Burriss, Townsend, Winstead, J. Bradley, J.C. Johnson, Rhoad, Sharpe, M.O. Alexander, Faber, Haskins, Keyserling, Koon, O. Phillips, Baker, McElveen, G. Bailey, Kay, Holt, E.B. McLeod, L. Phillips, Rice, J. Harris, Nesbitt, Gilbert, Beasley, Hayes, Shelton, Mattos, Felder, Clyborne, Edwards, Stoddard, Corning, Sturkie, Neilson, Klapman, Hawkins, Simpson, T.C. Alexander, Hendricks, Hodges, Helmly, G. Brown, Dangerfield, Gentry, Sheheen, Pearce, Chamblee, Day, Thrailkill, Taylor, J.W. McLeod, McBride, Waldrop, Toal, McGinnis, Wells, Gregory, Huff, R. Brown, Arthur, Barfield, Lewis, Petty, T.M. Burriss, Russell, Cooper, H. Brown, Hearn, Washington, Rudnick, McEachin, Jones, Tucker, Elliott, Fair, J. Rogers, Mappus, Altman, Snow, McTeer and Foxworth: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO ADOPT SAFETY STANDARD NO. 205, (GLAZING MATERIALS) OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND TO PROVIDE THAT THE STANDARDS PROVISIONS ALSO APPLY TO INDIVIDUALS AND PROHIBIT THEM FROM MODIFYING THEIR MOTOR VEHICLE WINDOWS IN VIOLATION OF SAFETY STANDARD NO. 205.

H. 2606--OBJECTIONS

The following Bill was taken up.

H. 2606 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-29-160, AS MENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE REQUIRED OF BORROWERS UNDER THE CONSUMER FINANCE LAW, SO AS TO PROVIDE THAT MINIMUM CHARGES OF TWO DOLLARS MAY BE MADE IN CONNECTION WITH THE REQUIRED INSURANCE, AND THAT NO REFUND UNDER TWO DOLLARS MUST BE MADE IN CONNECTION WITH THE CANCELLATION OF THE INSURANCE.

Rep. RUDNICK proposed the following Amendment No. 1 (Doc. No. 2797Y), which was tabled.

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/Section ______. Section 34-29-160 of the 1976 Code is amended by adding the following new paragraph at the end thereof to read:

/Where a creditor requires or offers a borrower credit life insurance in conjunction with a loan, the creditor must also offer the borrower the alternative of securing term life insurance of a comparable amount with the creditor as the named insured for the term of the loan./

Renumber sections to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. BOAN raised the Point of Order that Amendment No. 1 to H.2606 was out of order as it was not germane to the Bill.

The SPEAKER overruled the Point of Order.

Rep. RUDNICK continued speaking.

Rep. HOLT moved to table the amendment.

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

The amendment was then tabled by a division vote of 37 to 18.

Rep. RUDNICK proposed the following Amendment No. 2 which was tabled.

Amend the Bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/Section _______. Section 34-29-160 of the '76 Code is amended by adding the following new paragraph at the end thereof to read:

In print to be readable shall state that the credit life policy is not mandatory and is voluntary.

Rep. RUDNICK explained the amendment.

Rep. OGBURN moved to table the amendment which was agreed to by a division vote of 36 to 23.

Rep. OGBURN explained the Bill.

Reps. TOAL, KIRSH, WASHINGTON and KLAPMAN objected to the Bill.

H. 2512--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2512 -- Reps. Townsend, Kay, Chamblee and McAbee. A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-3-175 SO AS TO PROVIDE FOR AN AGRIBUSINESS LICENSE AND A SINGLE BOND ISSUED BY THE STATE DEPARTMENT OF AGRICULTURE IN LIEU OF A LICENSE OR PERMIT AND A SEPARATE BOND FOR SEED HANDLERS, DEALERS IN AGRICULTURAL PRODUCTS, PUBLIC WEIGHMASTERS, PESTICIDE DEALERS AND APPLICATORS, AND AGRICULTURAL LIMING MATERIALS DISTRIBUTORS.

House Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 2540Y), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 46-3-175. In lieu of licenses or permits or renewals of them required by Sections 39-11-30 and 39-11-50 for public weighmasters or deputy weighmasters, 46-21-40 for seed dealers, 46-41-50 for dealers in agricultural products, any qualified person of whom such a license or permit is required may obtain an agribusiness license which qualifies him to engage in any of the businesses listed above. The agribusiness license must be issued by the Department of Agriculture upon the payment annually of a fee of seventy-six dollars and shall expire on June thirtieth of each year. Posting of a bond in the sum of twenty-five thousand dollars with the Commissioner of Agriculture by the agribusiness licensee as principal by a corporate surety company authorized to do business in this State assuring the same compliance provisions as Sections 39-11-70 for weighmasters, and 46-41-60 for dealers in agricultural products shall satisfy the bonding and evidence of financial responsibility requirements of those Code sections."/

Renumber sections to conform.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. TOWNSEND asked unanimous consent that H. 2512 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 2644--ADOPTED

The following was introduced:

H. 2644 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.2085, RELATING TO INCREASES IN BINGO LICENSE FEES AND ADMISSIONS TAXES, AND USING THE INCREASED REVENUES FOR LOCAL RECREATION PROJECTS, FOR SECOND READING OR OTHER CONSIDERATION ON MARCH 11, 1987, IMMEDIATELY FOLLOWING THE UNANIMOUS CONSENT PERIOD AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.2085 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H.2085 be set by special order for second reading or other consideration on March 11, 1987, immediately following the unanimous consent period and continuing each legislative day thereafter immediately following the unanimous consent period until H.2085 is given second reading or it is otherwise disposed of.

Rep. TOAL explained the House Resolution.

The question then recurred to the adoption of the Resolution, which was agreed to by a division vote of 59 to 15.

PARLIAMENTARY INQUIRIES

Rep. BLACKWELL inquired how the Calendar was set up as the House had adopted the Special Order Resolution for H.2085.

The SPEAKER stated that the Special Order matter would be taken up for consideration immediately following the Unanimous Consent Requests period.

Rep. HOLT then inquired if it was in order to take the matter up for Special Order consideration on this day, of whether it had to wait until the next legislative day.

The SPEAKER stated that it was in order to take up the matter when the time on the Calendar was reached, as stated in the Resolution setting the matter for Special Order.

H. 2328--ORDERED TO THIRD READING

The following Bill was taken up.

H. 2328 -- Reps. Gregory, White, McTeer, Rhoad and Wilder: A BILL TO AMEND SECTION 50-11-986, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING IN GAME ZONE 11, SO AS TO PROVIDE THAT FOXES MAY BE HUNTED AS PROVIDED BY SECTION 50-11-400 INSTEAD OF AS PROVIDED BY SECTION 50-11-750.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 2606Y), which was tabled.
Amend the bill, as and if amended, by adding before the period at the end of SECTION 1:
/only in an enclosed area/

Amend title to conform.

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

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

H. 2328--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. GREGORY, with unanimous consent, it was ordered that H. 2328 be read the third time tomorrow.

H. 2039--DEBATE ADJOURNED

The following Bill was taken up.

H. 2039 -- Reps. Limehouse and P. Bradley: A BILL TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE WHOLESALERS OR DEALERS, SO AS TO INCREASE THE PENAL AMOUNT OF SURETY BONDS REQUIRED OF THEM FROM FIFTEEN THOUSAND TO TWENTY-FIVE THOUSAND DOLLARS.

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

H. 2439--OBJECTIONS WITHDRAWN

Reps. BLANDING, KLAPMAN, WILLIAMS, BOAN and KIRSH withdrew their objections to H. 2439 however, other objections remained upon the Bill.

H. 2274--OBJECTION WITHDRAWN

Rep. BLANDING withdrew his objection to H. 2274.

H. 2027--OBJECTION WITHDRAWN

Rep. DAVENPORT withdrew his objection to H. 2027 however, other objections remained upon the Bill.

H. 2042--CO-SPONSORS ADDED

Reps. HASKINS and MAPPUS asked unanimous consent to be added as a co-sponsor to H. 2042, which was agreed to.

MOTION REJECTED

Rep. LOCKEMY moved that the House recur to the morning hour, which was not agreed to.

H. 2085--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 2085 -- Reps. J. Rogers, J. Harris, Beasley, R. Brown, McElveen, Limehouse, Neilson, J. Brown, Hayes, J.H. Burriss, McGinnis, Winstead, Davenport, Keyserling, Wells, J. Bradley, Day, Shelton, Nettles, T. Rogers, Russell, Sharpe, Wilder and McBride: A BILL TO AMEND SECTIONS 12-21-2590, 12-21-2600, AND 12-21-2620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO BINGO LICENSE FEES, ADMISSIONS TAXES, AND THE DISPOSITION OF THE REVENUE THEREFROM, SO AS TO INCREASE THE FEES AND APPLICABLE ADMISSION TAXES FOR CLASS "A" AND "B" LICENSES AND TO PROVIDE THAT ONE-HALF OF THE REVENUES DERIVED MUST BE DEPOSITED IN A SEPARATE PARKS AND RECREATION DEVELOPMENT FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO TO FILE MONTHLY REPORTS WITH THE SECRETARY OF STATE, TO PROHIBIT THE LICENSING OF MANAGEMENT COMPANIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 23 TO TITLE 51 SO AS TO PROVIDE FOR A NONCOMPETITIVE PROGRAM OF GRANTS FOR LOCAL PARKS AND RECREATION DEVELOPMENT, PROVIDE DEFINITIONS, AND ESTABLISH A DISTRIBUTION FORMULA.

Rep. J. ROGERS explained the Bill.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 24, 1987, by the Committee on Ways and Means.

Rep. McTEER explained the amendment.

The amendment was then adopted.

Rep. McEACHIN proposed the following Amendment No. 2, which was tabled.

Amend as and if amended.

By amending sub-section 12-21-2590(2) on line 30 by inserting "Five Hundred" after the word thousand. The sub-section reads as follows as amended:

(b) (2) Any person or organization operating a game of bingo, whose prizes do not exceed four thousand dollars per a session, and no more than one thousand dollars per a session, may be offered in the form of a jackpot, and all regular game prizes shall do not exceed one hundred fifty dollars must shall obtain an annual Class B license from the South Carolina Tax Commission at the cost of five hundred one thousand dollars per a year. The holder of a Class B license is restricted to a maximum of three sessions per a week.

Amend the Bill further by striking the word "nine" in Sub-section 12-21-2600(A), page 4, line 43 and inserting the word "four". The sub-section reads as follows as amended:

Section 12-21-2600. (a) (A) The holder of a Class A license shall is be required to charge an admissions tax of three four dollars per a bingo player per a session.

Amend title to conform.

Rep. McEACHIN explained the amendment.

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

Rep. McEACHIN proposed the following Amendment No. 3, which was tabled.

Amend as and if amended.

Amend the Bill further by striking the word "nine" in Sub-section 12-21-2600(A), page 4, line 43 and inserting the word "four". The sub-section reads as follows as amended:

Section 12-21-2600. (a) (A) The holder of a Class A license shall is be required to charge an admissions tax of three four dollars per a bingo player per a session.

Amend title to conform.

Rep. McEACHIN explained the amendment.

Rep. WALDROP moved to table the amendment.

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

The amendment was then tabled by a division vote Of 40 to 17.

Rep. THRAILKILL proposed the following Amendment No. 4, which was adopted.

Amend as and if amended.

Amend Bill to require that the local Fire Chief be required to certify that buildings housing "A" bingo operations are safe before granting a license.

Rep. THRAILKILL explained the amendment.

The amendment was then adopted.

Reps. CARNELL and McABEE proposed the following Amendment No. 5, which was adopted.

Amend as and if amended.

By striking on page 3 line 17, three and inserting Four.

Rep. CARNELL explained the amendment.

The amendment was then adopted.

Rep. HASKINS proposed the following Amendment No. 6, which was tabled.

Amend as and if amended.

By inserting in subsection 12-21-2590:

The operating of a bingo parlor and the playing of bingo as a form of gambling is prohibited, unless the proceeds are entirely given to a charitable, or eleemosynary purpose.

Rep. HASKINS explained the amendment.

Rep. J. ROGERS spoke against the amendment and moved to table the amendment.

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

Yeas 50; Nays 43

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Arthur
Bailey, K.             Baxley                 Beasley
Blanding               Boan                   Brown, J.
Burriss, J.H.          Burriss, M.D.          Chamblee
Cooper                 Faber                  Gordon
Gregory                Harris, J.             Harris, P.
Harvin                 Hawkins                Hendricks
Hodges                 Johnson, J.W.          Keyserling
Mappus                 Martin, D.             Martin, L.
McAbee                 McBride                McElveen
McGinnis               McLellan               McLeod, E.B.
McTeer                 Moss                   Neilson
Phillips, O.           Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sheheen
Toal                   Townsend               Tucker
Waldrop                Washington             White
Wilder                 Williams

Total--50

Those who voted in the negative are:

Alexander, M.O.        Bailey, G.             Baker
Barfield               Blackwell              Bradley, P.
Brown, H.              Brown, R.              Carnell
Clyborne               Corning                Davenport
Derrick                Evatt                  Fair
Ferguson               Foster                 Foxworth
Gentry                 Gilbert                Haskins
Hayes                  Holt                   Johnson, J.C.
Jones                  Kirsh                  Klapman
Koon                   Lockemy                Mattos
McCain                 McEachin               McLeod, J.W.
Nesbitt                Ogburn                 Rice
Russell                Simpson                Stoddard
Sturkie                Thrailkill             Wells
Wilkins

Total--43

So, the amendment was tabled.

Rep. MAPPUS proposed the following Amendment No. 7 (Doc. No. 2810Y), which was tabled.

Amend the bill, as and if amended by the report of the Committee on Ways and Means, by striking Section 2 of the bill in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. MAPPUS explained the amendment.

Rep. J. ROGERS spoke against the amendment and moved to table the amendment.

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

The amendment was then tabled by a division vote of 71 to 11.

Rep. BLACKWELL spoke against the Bill.

Rep. ALEXANDER moved that the House do now recede for 5 minutes which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of the Bill, Rep. BLACKWELL having the floor.

THE HOUSE RESUMES

At 11:58 A.M. the House resumed, the SPEAKER in the Chair.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ADDRESS BY MR. WALTER Y. ELISHA
CHAIRMAN AND CHIEF EXECUTIVE
SPRINGS INDUSTRIES, INC.

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

H. 2284 -- Rep. Boan: A CONCURRENT RESOLUTION TO INVITE WALTER Y. ELISHA, CHAIRMAN OF THE BOARD AND CHIEF EXECUTIVE OFFICER OF SPRINGS INDUSTRIES, INC., TO ADDRESS A JOINT ASSEMBLY OF THE GENERAL ASSEMBLY AT 12:00 NOON, WEDNESDAY, MARCH 11, 1987.

Mr. Elisha was escorted to the rostrum by Governor Carroll A. Campbell, Senators Hayes, Hinson and Peeler and Reps. BOAN, NESBITT and SHORT.

The President of the Senate recognized Governor Carroll A. Campbell who introduced the honored guest as follows:

"Mr. President, Mr. Speaker, ladies and gentlemen of the Joint Assembly, Walter Elisha: While no two people in this room agree exactly on every issue that faces us in 1987, I think it's in an accurate statement to say that there is an accord in one area, and that is in believing that economic development is a key to our state's future. It's through economic development that we create better opportunities for our people, and that we fund our programs that we so desperately need. As we look to the future, we have to remember some things. We cannot forget the past and the present. We have to recognize the many companies that have provided the foundation from which we are launching into the future -- companies that have grown with South Carolina. Indeed, companies that have helped to mold South Carolina, companies that have prospered as our people have prospered. Today we are here to honor a company and an individual, one such company which is celebrating its centennial year this year. The Fort Mill Manufacturing Company was chartered in 1887 and produced its first cloth in February of 1888. Now, that company today is known as Springs Industries, which now operates thirty-seven manufacturing plants in six states and around the world and has consolidated sales of almost two billion dollars. They employ about 18,000 South Carolinians. It's a tribute to the entrepreneurial spirit and vision of the leaders of that company. It's also a tribute to the countless thousands of hard-working South Carolinians. Today, we're especially privileged as we recognize the importance of the private sector, and indeed, of Springs Industries, to welcome the man who has been entrusted to guide this fine company into the future, Mr. Walter Y. Elisha. He is the Chairman and Chief Executive Officer of Springs Industries, Incorporated. Prior to joining Springs in 1980, Mr. Elisha had already distinguished himself in business as Vice-Chairman and Director of Jewel Companies, which is a diversified national retailing business. He's a native of Gary, Indiana. Mr. Elisha is a graduate of Wabash College and the Harvard Business School, and he holds an honorary degree from Wabash College, as well as others. Mr. Elisha serves on so many distinguished boards and commissions, that I would infringe upon his time were I to list all of them. But, let me give you a couple. He serves on the Brookings Institution Board and the Associates of the Harvard Business School. He is a man whose talents are recognized throughout this nation by the best and the brightest. He is a leader. He is a man that is well-positioned to help South Carolina and South Carolinians, and indeed, his willingness to become involved not only in the state, but in local matters, to help his fellow man, probably set him forth more than his business successes. Walter Elisha is a man that I'm proud to call a friend, and it is a distinct pleasure and a high honor for me at this time to present to you Mr. Walter Y. Elisha."

"Governor Campbell, Lieutenant Governor Theodore, Speaker Sheheen, distinguished members of our General Assembly: My comments today concern events of the past, of people and places, challenges and accomplishments, and values and visions. My comments also cover the times in which we live, our challenges, our joys and a suggestion for our vision; in some ways, then, this might be the 'warp' of the past, the 'filling' of the present, a 'fabric' for the future.

I come to you at your invitation as a representative of more than 23,000 Springs people, 18,000 of whom reside in South Carolina.. I'm honored that you have asked me; I recognize that I stand between you and lunch; and, I'm humbled by the fact that when the Senate sent the Bill back, the House's second vote on the invitation carried by only three votes.

A hundred years ago in 1887, Governor John Peter Richardson and your counterparts of that day were preoccupied with economic development. The effects of the war lingered, and Reconstruction had been anything but constructive. And, in fact, much was being written about 'the New South'. Daniel Augustus Tompkins, South Carolina-born, and the editor of the Charlotte Observer, became quite influential in those days by publishing a series of articles on the need for the South to convert cotton to cloth, and he articulated a plan for raising capital to do so. He also represented a Northern textile equipment company, that suggests all of his motives may not have been entirely humanitarian.

But among those who heeded Tompkins' advice was Samuel Elliott White of Fort Mill. He had served in the war as a captain in Company B of the Seventh North Carolina regiment. He lived on his farm adjoining Fort Mill and grew increasingly concerned about the conditions under which his neighbors had to live and the condition of the state in which he lived.

And so, on Tuesday, April 26, 1887, he brought together, after considerable discussion, fifteen local leaders. Among those men present that day in April was John McKee Spratt, great-grandfather of our distinguished Congressman, and Leroy Springs, a successful young entrepreneur who five years later would marry Captain White's daughter.

The outcome of this meeting was the formation of the Fort Mill Manufacturing Company. Among the twenty-six shareholders was the minister of the Unity Presbyterian Church, the Master of Fort Mill's Catawba Male Academy, and York County's representative to this General Assembly.

With government, education, and the 'cloth' represented, the outcome was certainly quite promising. The involvement of Andrew Baxter Springs' three sons, Eli, Brevard, and Leroy, and John and Samuel Elliott White added importantly to that certainty. A small weaveshed was constructed in Fort Mill and on February 8, 1888, the first cloth was produced. Thus was Springs Industries born as the Fort Mill Manufacturing Company.

Samuel Elliott White wanted to see cotton mills built and operated to create jobs for his neighbors and stability for his community and state. Leroy Springs, a cotton merchant, was more interested, some said, in customers for his mercantile business and a market for his cotton. Thus it was surprising when Leroy Springs, a reluctant operator of textile plants, moved to establish the Lancaster Cotton Mills in 1895, purchasing 36 percent of the original shares and subsequently buying out most of the other interests in the Fort Mill Manufacturing Company and other smaller cotton mills in the area.

By 1900, Leroy Springs was one of the leading textile operators of the New South, a trustee of Winthrop College, Chairman of the school board in Lancaster, a frequently mentioned candidate for Governor of South Carolina, and an outspoken supporter of compulsory education for all young people in South Carolina.

When Samuel Elliott White died on March 4, 1911, his vision for the village of Fort Mill, York County, and central South Carolina had been convincingly and successfully implemented by his son-in-law, Leroy Springs. Each had been the man for his time and task.

For the next twenty years, through a major war and economic panic, Leroy Springs added to the strength of the plants in which he had invested and the communities in which they operated. His involvement and visibility in our state continued.

He was a delegate to several Democratic national conventions and his wife, Lena (his first wife, Grace, had died earlier), became in 1924 the first woman ever nominated for Vice-President of the United States. You see, our involvement in the affairs of state goes back a long way and not necessarily in a conventional fashion.

As Leroy Springs built his company, other soon-to-be-famous South Carolinians were coming along. Your late Speaker Emeritus Solomon Blatt was born the year Leroy Springs built Lancaster Plant, and James F. Byrnes was a freshman Congressman when Springs built the plant in Kershaw. When he died in 1931, having provided leadership in a variety of ways, he did so when our state was once again struggling with a major economic depression. He was succeeded by his only child, Elliott White Springs.

Elliott White Springs was different from his no-nonsense father. He was a free spirit, a famed combat ace in World War I, and a successful author. He combined the tough-minded business skills of his father with a larger sense of the future and the community likely inherited from his mother, Grace White Springs, and his grandfather, Samuel Elliott White. He was unpredictable, demanding, brilliant, visionary, and he led our company through the traumatic days of the depression, and the turbulent times of World War II.

It was the later 40's, and Strom Thurmond was our Governor; a State Development Board was established, Charlie Daniel was building a new wave of textile plants through the Carolinas, and Elliott White Springs built the world's largest textile finishing plant near Lancaster, South Carolina, and he named it Grace, after his mother. For the first time, we became a producer of finished fabrics and sheets.

In 1948, he launched an advertising campaign to promote the Springmaid brand and it became a national rage or outrage, depending on one's perspective. The writer-turned-textile executive convinced most of America that you couldn't 'go wrong on a Springmaid sheet'.

Elliott White Springs created profit-sharing plans for Springs people, a credit association, medical programs, and hot-meal cafeterias, and the foundation he created in honor of his father still provides recreational facilities in several South Carolina communities. His early and untimely death occurred in 1959. Having led the company for nearly thirty years, his tenure can be characterized as a time when Springs was clearly established as a national company and a leader in its industry.

Samuel Elliott White and his wife had one surviving child, Grace, who married Leroy Springs. Leroy Springs and his wife, Grace, had one child, Elliott White Springs. Elliott White Springs and his wife, Frances, had two children, one of whom was lost in a tragic accident, and the other, Anne Springs Close, is with us today with six of her eight children and two of her twelve grandchildren.

May I introduce to you Anne Springs Close, a remarkable lady in her own right, who conceals in her quiet demeanor the qualities and characteristics of her father, grandfather, and great-grandfather about whom I have been speaking. It's not too often you can hear and/or see six generations of one family in one place.

Many of you knew Bill Close, who succeeded Colonel Springs as president in 1959. For most of his 37 years with our company until his death in 1983, he was our leader and he typified the family's concern for people, communities, and public affairs, and he would have been absolutely delighted with this event today.

He built more plants and added more community and employee programs during his tenure than at any other time in our history. And things were happening in South Carolina in which Bill Close took a part that strengthened our state.

The Development Board was revitalized, the technical education system was established, and a pioneering ETV venture brought modern technology into our classrooms. Governor McNair appointed Bill Close a charter member of South Carolina's Parks, Recreation, and Tourism Commission when it was formed and Bill later served as its chairman. Charles Bundy, President of the Elliott White Springs Foundation, now chairs the Parks, Recreation, and Tourism Commission.

Today, as a result of the energy, vision, dedication, and commitment of Samuel Elliott White, Leroy Springs, Elliott White Springs, and Bill Close, we are a $1.5 billion company. We are responsible citizens. Our products are found in millions of homes across the country and we are a leader in every market we serve.

During the 1980s, Springs invested $300 million in advanced technology for our textile plants and most of that money has been spent in South Carolina. We are as productive and efficient as any textile manufacturer anywhere in the world, and, through it all, we believe we have remembered our community responsibility.

Our history may offer some useful lessons; let me suggest just three. First, you may correctly conclude that Springs is an organization that genuinely cares about South Carolina. Our leaders and owners have lived and worked and prospered here for a century. We don't take that mutual relationship lightly nor selfishly.

Secondly, you may conclude that we have tried, sometimes imperfectly, to balance our social concerns with the tough economic decisions we have to make. We are a company with a moral center; we expect each successive generation to add to that strength.

Thirdly, you may conclude quite correctly that Springs is a good, tough survivor. Today, as in the past, we are doing the things we have to do and changing the things we have to change to keep our business viable. We cannot and will not sit back and wait for a reluctant Federal government to do its part. So we are doing our part. And that may be the most important lesson of all.

There is much to do in South Carolina. Often we deal with the routine, occasionally with the urgent, but rarely with the significant. You ladies and gentlemen today face issues of great significance for our future. I hope you are not being distracted by the urgent and routine.

We must keep strengthening our educational systems: technical, primary, secondary, undergraduate, and graduate. While much good work has been done, there is much to do and to improve. Educational expenditures are investments and we have come a long way since Leroy Springs advocated compulsory education eighty years ago. Yet our relative position in this country has not improved as much as it needs to. We must create a climate that encourages investments while we find positive ways to increase the means. For those who would take money away from education in an effort to achieve a balanced budget, I would observe that that is akin to burning the furniture to warm the house.

Our challenges are compounded by the structural economic change affecting textiles, apparel, agriculture, and other traditional cornerstones of our state's economy. The situation calls for a caring, creative, and highly efficient state government. You must balance aspirations with economic realities, yet find innovative ways to increase our investment in our people.

Let us call it an 'investment attitude'.

As in our business, an investment attitude begins with tough action to cut costs, improve efficiency, prepare tight, realistic budgets and, when necessary, eliminate some Jobs and programs to make others more viable. Those are the preparatory steps. The payoff comes when those actions enable you to make bold investments in people and institutions... investments that will produce skilled and visionary leaders, new Jobs, a literate work force, and healthy, productive people who contribute to instead of drawing from our society.

I am not here to tell you that business has all the answers. As elected leaders, you have a different and important kind of responsibility. But we do have long experience in making an investment attitude work using scarce resources, and you can and should continue to draw on that experience.

South Carolina has a tradition of partnership between government and business. You ladies and gentlemen, more than ever, need to call upon that partnership to help develop solutions to problems, to help develop markets for business, to suggest ways to remove obstacles to investment, and to build that investment attitude in government.

Business people will have three roles in that partnership: first, to provide ideas and innovative problem-solving; secondly, to help give leadership to sound proposals for constructive change; thirdly, to constantly remind you of the intense global competition we face.

If we want new Jobs and new tax revenues, we must be able to tell a business it is more profitable to invest its dollars here than somewhere else.

That is the significance of what you face this year and next in the General Assembly. You will not find it in any single Bill, but building a genuine investment attitude could be the most important step you take for South Carolina's future. I encourage you and offer our company's support in your considerations.

And I thank you for listening and for honoring Springs Industries and its people today. We look forward to our second century in South Carolina. May we all do as much for our institutions as did those who walked before us.

Thank you very much."

Upon the conclusion of his address Mr. Elisha and his escort party retired from the chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:30 P.M. the House resumed, the SPEAKER in the Chair.

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., March 11, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 485:

S. 485 -- Senator Garrison: A CONCURRENT RESOLUTION PROCLAIMING 1987 AS THE "YEAR OF THE READER".

Very respectfully,
President

Received as information.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2628 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE HOPE OF THE GENERAL ASSEMBLY THAT THE DUPONT COMPANY WILL CONTINUE ITS OPERATION OF THE SAVANNAH RIVER PLANT AND WILL NOT GIVE UP ITS ROLE IN SOUTH CAROLINA OF BEING AN OUTSTANDING EMPLOYER AND CONTRIBUTOR TO A HEALTHY STATE ECONOMY.

ADJOURNMENT

At 12:35 P.M. the House in accordance with the motion of Rep. McEACHIN adjourned to meet at 10:00 A.M. tomorrow.

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