Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

O God of all creation, as the miracle of Springtime covers the earth with a tapestry of beauty, open our eyes to see clear Your handiwork in every budding flower and in all the other wonders of nature. In these may we be totally impressed with the constancy of Your care and love for the world and all that in it is. And if You so abundantly provide for the things of nature, how much more do You provide for human nature, the climax of Your creation. So may no disappointment ever lead us to despair, no failure extinguish the bright light of hope. In our every circumstance and condition, enable us to say in confidence the words of the Psalmist: "The Lord is the strength of my life, of whom shall I be afraid?" - Psalm 27:1b

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.

The following were received.

March 31, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on March 31, 1988 regulations concerning Conduct of Boxing, Sparring and Wrestling Events from the S.C. State Athletic Commission.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

April 4, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 980)

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on March 31, 1988 regulations concerning Nonforfeiture Standards for Men and Women from the State of S.C. Department of Insurance.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

April 4, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 981)

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on April 4, 1988 regulations concerning License Certification from the Auctioneers' Commission.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

April 4, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 976)

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on March 31, 1988 regulations concerning Licensing Non-Public Educational Institutions to Confer Degrees from the S.C. Commission on Higher Education.

They are hereby referred to the Committee on Education and Public Works for consideration.

Sincerely,
Robert J. Sheheen

April 4, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 975)

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on March 31, 1988 regulations concerning Student and Institutional Assistance from the S.C. Commission on Higher Education.

They are hereby referred to the Committee on Education and Public Works for consideration.

Sincerely,
Robert J. Sheheen

April 4, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 972)

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received oh April 4, 1988 regulations concerning Suggested Procedures for Obtaining and Handling Blood and Urine Samples from the S.C. Law Enforcement Division.

They are hereby referred to the Committee on Judiciary for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED

The following was received.

April 4, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 946)

House of Representatives

Dear Mrs. Shealy:

The Public Service Commission is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to Practice and Procedure, effective this date. These regulations have been referred to the Labor, Commerce and Industry Committee.

Sincerely,
Robert J. Sheheen

Received as information.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 756 -- Senators Drummond and Thomas: 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; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-65 SO AS TO REQUIRE THE STATE DEPARTMENT OF CORRECTIONS TO PROVIDE PERSONS NOT CONVICTED OF VIOLENT CRIMES AND NOT OTHERWISE WORKING TO WORK ON LITTER CONTROL PROJECTS SELECTED BY LOCAL GOVERNMENTS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3895 -- Reps. Wilkins, H. Brown, McElveen, Baxley, Huff, Corning, Rudnick, Clyborne, Haskins, Arthur, Gentry, Tucker, Hendricks, Short and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-49-680 SO AS TO PROVIDE FOR INDEMNIFICATION IN CIVIL AND CRIMINAL ACTIONS AGAINST EXPENSES AND OTHER PAYMENTS BY OFFICERS, TRUSTEES, EMPLOYEES, OR AGENTS OF RURAL ELECTRIC COOPERATIVES.

Ordered for consideration tomorrow.

The following was introduced:

H. 4076 -- Rep. Pearce: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, WHEN REPLACING MAXIMUM OR MINIMUM SPEED LIMIT SIGNS ON THE ROADS, STREETS, AND HIGHWAYS, TO ERECT NEW SPEED LIMIT SIGNS WHICH STATE THE MAXIMUM AND MINIMUM SPEED IN TERMS OF MILES-PER-HOUR AND THE METRIC SYSTEM EQUIVALENT (KILOMETERS-PER-HOUR).

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

The following was introduced:

H. 4077 -- Reps. Koon, Sturkie, Derrick, Sharpe and Klapman: A CONCURRENT RESOLUTION TO DECLARE SATURDAY, MAY 14, 1988, AS ANSEL MURPHY DAY IN LEXINGTON COUNTY IN HONOR OF THIS FINE SOUTH CAROLINIAN.

Whereas, on Saturday, May 14, 1988, a celebration in Batesburg-Leesville will be held honoring Mr. Ansel Murphy; and

Whereas, Ansel Murphy is a native of Anderson County, is a 1932 graduate of Clemson University and holds a Master's degree in public school administration from the University of South Carolina; and

Whereas, Ansel Murphy has served his State and nation well in many capacities. He is a World War II Navy veteran, retired from the South Carolina National Guard after twenty-two years with the rank of Brigadier General, and he taught at Batesburg-Leesville High School from 1936 through 1970; and

Whereas, he is a lifetime deacon of the First Baptist Church of Batesburg and a forty-year Rotary Club member; and

Whereas, this truly outstanding man has touched the lives of all those with whom he has come into contact and one evidence of the respect in which he is held is the fact that his many friends are establishing a scholarship to Clemson University in his honor; and

Whereas, the members of the General Assembly, by this resolution, as a tribute to him are desirous of declaring Saturday, May 14, 1988, as Ansel Murphy Day in Lexington County. Now, therefore,

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

That the members of the General Assembly hereby declare Saturday, May 14, 1988, as Ansel Murphy Day in Lexington County in honor of this fine South Carolinian.

Be it further resolved that a copy of this resolution be presented to Mr. Murphy.

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

The following was introduced:

H. 4078 -- Reps. P. Harris, T. Rogers, Blackwell and Tucker: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO DR. CHARLES D. BARNETT, OF RICHLAND COUNTY, FOR HIS DEDICATED SERVICE TO THE DEPARTMENT OF MENTAL RETARDATION AND THE STATE OF SOUTH CAROLINA UPON THE OCCASION OF HIS RETIREMENT.

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

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

H. 4079 -- Rep. Helmly: A JOINT RESOLUTION TO AMEND SECTION 40, PART I OF ACT 170 OF 1987, THE GENERAL APPROPRIATIONS ACT, RELATING TO APPROPRIATIONS FOR THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO ALLOW THE COMMISSION TO FUND THE NET COSTS OF CONTRACTS FOR ANY SPECIAL THIRD PARTY LIABILITY COLLECTION EFFORTS FROM FUNDS COLLECTED IN THAT EFFORT, INCLUDING FUNDS COLLECTED THAT WERE ORIGINALLY EXPENDED IN PRIOR FISCAL YEARS.

Referred to Committee on Ways and Means.

H. 4080 -- Reps. Shelton, Rice, Klapman, Gilbert, Mattos, M.O. Alexander, Kirsh and Foster: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-23-15 SO AS TO PROVIDE THAT ANY TRANSFER, GRANT, GIFT, ALIENATION, BARGAIN, OR CONVEYANCE OF ANY REAL OR PERSONAL PROPERTY MADE WITH THE INTENTION TO AVOID THE ACQUISITION OF THE PROPERTY TO SATISFY AN ANTICIPATED JUDGMENT IN EQUITY OR FOR DAMAGES AT LAW IS NULL AND VOID.

Referred to Committee on Judiciary.

H. 4081 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-1620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, SO AS TO PROVIDE THAT A RESIDENT ASSISTING IN A BOAT A PERSON POSSESSING A PERMIT AND ASSOCIATED TAGS TO TAKE SHRIMP OVER BAIT IS NOT REQUIRED TO HAVE A PERMIT OR TAGS.

Referred to Committee on Agriculture and Natural Resources.

H. 4082 -- Reps. Beasley, Hayes and Fair: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION TO ORDER ANY PARTY IN A PROCEEDING TO PARTICIPATE IN MEDIATION UPON APPROVAL OF THE SUPREME COURT.

Referred to Committee on Judiciary.

S. 927 -- Senator Doar: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-770 SO AS TO REQUIRE THE CLERK OF COURT OF EACH COUNTY TO INVEST ANY MONIES HELD BY HIM PENDING DISBURSEMENT BY COURT ORDER IN THE HIGHEST INTEREST BEARING FEDERAL INSURED FINANCIAL INSTITUTION ACCOUNT AVAILABLE AND TO PROVIDE FOR THE DIVISION OF THE INTEREST EARNED.

Referred to Committee on Ways and Means.

S. 1147 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION AND THE APPLICABLE ASSESSMENT RATIOS, SO AS TO PROVIDE A FORMULA FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES FOR AGRICULTURAL REAL PROPERTY FOR TAX YEARS BEGINNING AFTER 1987 AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE REGULATIONS ESTABLISHING A CLASSIFICATION FOR TIMBER WETLANDS FOR PURPOSES OF PROPERTY TAXATION.

Referred to Committee on Ways and Means.

S. 1150 -- Senator Lindsay: A BILL TO AMEND SECTION 58-9-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT SCHEDULES MUST BE ADHERED TO, SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION, UNDER CERTAIN CONDITIONS, TO ALLOW SERVICE TO BE OFFERED TO THE PUBLIC WITHOUT THE RELATED SCHEDULES BEING FILED, TO PROVIDE THAT THE COMMISSION SHALL RETAIN REGULATORY AUTHORITY OVER THE RATES, REVENUES, INVESTMENTS, EXPENSES, AND QUALITY OF SERVICE OFFERED, AND PROVIDE THAT THE CHARGES FOR SERVICES OFFERED BY THE UTILITY PURSUANT TO CERTAIN PROVISIONS OF THIS SECTION MUST BE PROVIDED AT A CERTAIN LEVEL.

Referred to Committee on Judiciary.

S. 1156 -- Senators Shealy and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-130 SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY STATE AGENCY, DEPARTMENT, BOARD, COMMISSION, OR INSTITUTION TO ADOPT WRITTEN ATTENDANCE RULES FOR MEMBERS, TO PROVIDE THAT VIOLATION OF THE RULE EXCEPT FOR GOOD CAUSE IS CONSIDERED RESIGNATION FROM OFFICE, AND TO DEFINE "GOOD CAUSE".

Referred to Committee on Judiciary.

S. 1181 -- Senators Peeler and Lee: A BILL TO AMEND CHAPTER 27, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR REFUNDS OF OR CREDITS ON GASOLINE AND OTHER MOTOR FUELS TAXES WHEN THE FUEL IS USED ON TRUCK EQUIPMENT FOR NONHIGHWAY PURPOSES.

Referred to Committee on Ways and Means.

S. 1246 -- Senators Wilson, Russell, Thomas, Stilwell and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-705 SO AS TO MAKE IT UNLAWFUL TO INJURE, KILL, OR INTERFERE WITH A DOG USED BY POLICE IN THE PERFORMANCE OF THEIR DUTIES AND TO PROVIDE A PENALTY FOR VIOLATIONS.

Referred to Committee on Judiciary.

S. 1310 -- Senator Martin: A BILL TO AMEND ARTICLE 5, CHAPTER 39 OF TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL SALES BY ADDING SECTION 15-39-635 SO AS TO PROVIDE THAT IN THOSE COUNTIES WHICH DO NOT HAVE A MASTER-IN-EQUITY, JUDICIAL SALES OF REAL PROPERTY WHICH A MASTER HAS AUTHORITY TO PERFORM MUST BE PERFORMED BY A REFEREE, AND TO PROVIDE FOR THE APPOINTMENT, POWERS, AND FEES OF THE REFEREE FOR THIS PURPOSE.

Referred to Committee on Judiciary.

S. 1312 -- Finance Committee: A BILL TO AMEND SECTION 6-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO AUTHORIZE POLITICAL SUBDIVISIONS TO INVEST MONEY IN REPURCHASE AGREEMENTS WHEN COLLATERALIZED BY SECURITIES AS SET FORTH IN THIS SECTION.

Referred to Committee on Ways and Means.

S. 1363 -- Judiciary Committee: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 29 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH PEN REGISTERS AND TRAP AND TRACE DEVICES MAY BE INSTALLED ON TELEPHONE LINES OR OTHER WIRE OR ELECTRONIC COMMUNICATION DEVICES, AND TO PROVIDE PENALTIES UPON CERTAIN VIOLATIONS.

Referred to Committee on Judiciary.

S. 1367 -- Senators Moore, Shealy and Setzler: A BILL TO PROVIDE FOR THE NUMBER, DISTRICTS, AND LOCATION OF OFFICES OF MAGISTRATES IN AIKEN COUNTY AND TO REPEAL ACT 254 OF 1985 RELATING TO THE MAGISTRATES IN AIKEN COUNTY.

Referred to Aiken Delegation.

The following was introduced:

H. 4083 -- Reps. Beasley, Hayes, Fair, Corning and Hearn: A CONCURRENT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN TO MAKE A COMPREHENSIVE STUDY TO DETERMINE WHETHER THIS STATE NEEDS TO CONSOLIDATE THE SERVICES IT PROVIDES TO CHILDREN AND CREATE AN INTEGRATED AGENCY FOR THE PROVISION OF THE SERVICES.

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

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Blackwell
Boan                   Bradley, J.            Brown, H.
Brown, J.              Brown, R.              Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Cork                   Dangerfield
Davenport              Day                    Derrick
Faber                  Fair                   Felder
Ferguson               Foster                 Foxworth
Gilbert                Harris, J.             Harris, P.
Harvin                 Haskins                Hayes
Hendricks              Hodges                 Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Kohn
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Nesbitt                Nettles                Pearce
Pettigrew              Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Shelton
Short                  Simpson                Taylor
Thrailkill             Townsend               Tucker
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

I came in after the roll call and was present for the Session on April 5, 1988.

Gene Stoddard                     John H. Burriss
Grady Brown                       Derham Cole
L. Edward Bennett                 Paul M. Burch
Jack Gregory                      R.S. Corning
Steve Lanford                     Denny W. Neilson
Joyce Hearn                       Mickey Burriss
B.J. Gordon                       Phil T. Bradley
Larry Blanding                    Larry L. Koon
T.W. Edwards                      Joseph McElveen
Dick Elliott                      C. Lenoir Sturkie
Larry Gentry

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, April 5.

Rep. McLellan

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

Announcement was made that Dr. John Dubose of Camden is the Doctor of the Day for the General Assembly.

Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, April 6, which was adopted.

H. 3733 -- Rep. P. Bradley: A BILL TO PROVIDE FOR AN ADVISORY REFERENDUM TO DETERMINE IF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WISH TO GIVE ITS BOARD OF TRUSTEES UNLIMITED TAXING AUTHORITY.

Debate was resumed on the following Bill, the pending question being the consideration of the Bill,,Rep. J. BRADLEY having the floor.

H. 3411 -- Reps. J. Bradley, M.O. Alexander, J.W. McLeod, Neilson, G. Bailey and Kohn: A BILL TO REPEAL ITEM (14) OF SECTION 38-77-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "UNDERINSURED MOTOR VEHICLE" FOR PURPOSES OF THE AUTOMOBILE INSURANCE LAWS OF THIS STATE.

Rep. J. BRADLEY continued speaking.

Rep. MAPPUS raised the Point of Order that the member's remarks were out of order as it was improper to debate the same subject twice.

The SPEAKER overruled the Point of Order.

Rep. J. BRADLEY continued speaking.

Rep. MAPPUS objected to the Bill.

Rep. J. BRADLEY continued speaking.

Reps. T.M. BURRISS and CORK objected to the Bill.

The following Bill was taken up.

S. 640 -- Senator Garrison: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR THE SCHEDULE FOR TAKING THE EXIT EXAMINATION AND TO PROVIDE FOR A SPECIAL DIPLOMA FOR HANDICAPPED STUDENTS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 2490J), which was adopted.

Amend the bill, as and if amended, by striking Section 59-30-10(f) as contained in SECTION 1 and inserting:

'(f) Beginning in the school year 1981-82 and continuing through the school year 1984-85, administer the test specified in item (e) of this section to all students in grade eleven for the purpose of collecting baseline data. The Department of Education shall use the baseline data for the purpose of program assessment and shall provide assistance to those schools or districts in which the data indicate that program adjustment or modification is most needed due to inordinate numbers of children not passing the test. The State Board of Education shall use the baseline data for the purpose of determining the high school credentials to be awarded students not meeting the minimum achievement scores. Beginning with the school year 1985-86, the eleventh grade examination may be no longer administered and the Board shall cause to be administered an exit examination to all tenth grade students. Local school districts shall establish remedial programs to assist those students who do not pass the examination. Passage of this exit examination is a condition for the receipt of a state high school diploma for those students who otherwise meet the requirements for the diploma during the school year 1989-90 and thereafter. Additionally, during the school year 1989-90 and thereafter individuals participating in adult education programs must shall pass the exit examination as an additional requirement for the receipt of a state high school diploma. Failure ' to pass the examination obligates the student to enroll in a remedial program. Students must be provided four opportunities to pass the exit examination. Students who do not pass the examination in the tenth grade must retake the test in the eleventh grade and students who fail the examination in the eleventh grade shall retake the examination in the twelfth grade. Those students failing the examination in the twelfth grade shall retake the examination a second time in that may retake the test twice in the twelfth grade, thereby providing students with four opportunities to pass the exit examination. If an individual exits the school system at the end of the twelfth grade without having passed the exit examination, he shall must be awarded an appropriate State state certificate indicating the number of credits earned and grades completed. Handicapped students not eligible to participate in the exit examination must be awarded a special certificate upon successful completion of their objectives as specified in their Individual Education Plans."/

Amend title to conform.

Rep. SHELTON explained the amendment.

The amendment was then adopted.

Rep. AYDLETTE proposed the following Amendment No. 2.

Amend as and if amended, by inserting in the appropriate place the following:

"Provided however that all school districts must comply with the current S.C. Dept. of Educ. guidelines concerning 'Learning disabled' students and testing of these students. Those students classified as 'Learning Disabled' shall be allowed to take the exit exam and other tests either orally, by using electronic devices or by giving these students an extended amount of time with individual help as required by the S.C. Dept. of Educ. Guidelines."

Rep. AYDLETTE explained the amendment.

Reps. SHELTON, BEASLEY and GILBERT spoke against the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 2, Rep. GILBERT having the floor.

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

The following was introduced:

H. 4084 -- Reps. Lockemy and J.W. McLeod: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF OUR FORMER COLLEAGUE, THE HONORABLE WILLIAM BLEDSOE HAWKINS, JR., OF DILLON COUNTY, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

The Senate sent to the House the following:

S. 1374 -- Senators Waddell and Macaulay: A CONCURRENT RESOLUTION TO CONGRATULATE CITADEL BASEBALL COACH CHAL PORT FOR HIS MANY ACCOMPLISHMENTS AS HEAD BASEBALL COACH OF THE BULLDOGS, AND TO DECLARE TUESDAY, APRIL 19, 1988, AS CHAL PORT DAY IN CHARLESTON COUNTY.

Whereas, Chal Port, head baseball coach at The Citadel, is recognized throughout the State of South Carolina and the United States as an outstanding baseball coach and tactician; and

Whereas, Chal Port came to The Citadel in 1964 from Titusville, Pennsylvania, and is now in his twenty-fourth season as head coach of the Bulldog baseball team; and

Whereas, his record is impressive. During his tenure, The Citadel has an overall record of 513-319-1, has won five Southern Conference Championships, participated in four NCAA post-season tournaments, and from 1968 through 1986 compiled nineteen consecutive winning seasons; and

Whereas, individually Coach Port is the winningest baseball coach in Citadel history, has been named Southern Conference Coach of the Year or Co-Coach of the Year four times and under his leadership, The Citadel has produced seven All-Americans, six Academic All-Americans, and several professional baseball players; and

Whereas, although his record clearly demonstrates his baseball acumen, what The Citadel family is perhaps most proud of is the fact that over the past five seasons every Bulldog who has donned a baseball uniform for Chal Port has graduated in four years; and

Whereas, in addition to his work with the cadet baseball team, he has touched the lives and improved the development of countless young men who come to Charleston each summer for his baseball camp and who leave not only with better skills but also with a good feeling about The Citadel and themselves; and

Whereas, no cadet or other person associated with The Citadel who has come into contact with Coach Port can forget his hearty laugh or wonderful sense of humor in all circumstances, good or bad; and

Whereas, Chal Port, both as a coach and as a person, has given far more to the fine South Carolina military institution of which he is a part than he will ever receive in return; and

Whereas, the members of the General Assembly, by this resolution, are desirous of publicly recognizing and commending this outstanding coach and man for his many accomplishments as head baseball coach at The Citadel, and are further desirous of declaring Tuesday, April 19, 1988, as "Chal Port Appreciation Day" in Charleston County in his honor. Now, therefore,

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

That the members of the General Assembly hereby congratulate Citadel Baseball Coach Chal Port for his many accomplishments as head baseball coach of the Bulldogs, and declare Tuesday, April 19, 1988, as Chal Port Day in Charleston County.

Be it further resolved that a copy of this resolution be presented to Coach Port.

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

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

S. 1375 -- Senators Thomas E. Smith, Jr., Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 13, 1988, IMMEDIATELY FOLLOWING THE CONCLUSION OF THE ELECTIONS OF THE GOVERNING BODIES OF CERTAIN COLLEGES AND UNIVERSITIES SET BY THE PROVISIONS OF H. 3788 AND THE PRESENTATION OF THE SOUTH CAROLINA FOLK HERITAGE AWARD SET BY THE PROVISIONS OF H. 4037, AS THE TIME FOR ELECTING SUCCESSORS OF THE CIRCUIT COURT JUDGES OF THE THIRD, FOURTH, SEVENTH, EIGHTH, TENTH, ELEVENTH, TWELFTH, THIRTEENTH, AND FOURTEENTH CIRCUITS WHOSE TERMS ARE EXPIRING.

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

That the Senate and the House of Representatives meet in joint assembly in the hall of the House of Representatives on Wednesday, April 13, 1988, immediately following the conclusion of the elections of the governing bodies of certain colleges and universities set by the provisions of H. 3788 and the presentation of the South Carolina Folk Heritage Award set by the provisions of H. 4037, for the purpose Or electing successors of circuit court judges of the third, fourth, seventh, eighth, tenth, eleventh, twelfth, thirteenth, and fourteenth circuits whose terms are expiring.

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

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

H. 4085 -- Rep. McAbee: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS IN THE OPERATOR OF A MOTOR VEHICLE, SO AS TO PROVIDE THAT, IN ANY COUNTY THAT DOES NOT HAVE A LICENSED MEDICAL FACILITY, BLOOD AND URINE SAMPLES MAY BE TAKEN IN THE OFFICE OF ANY PHYSICIAN LICENSED BY THE STATE BOARD OF MEDICAL EXAMINERS, AND TO PROVIDE THAT THE PROCEDURES APPROVED BY THE STATE LAW ENFORCEMENT DIVISION FOR THE OBTAINING AND THE HANDLING OF BLOOD SAMPLES OR URINE SAMPLES MUST BE IN CONFORMITY WITH THE PROVISIONS OF THIS SECTION.

Referred to Committee on Judiciary.

H. 4086 -- Rep. Pearce: A BILL TO AMEND CHAPTER 2, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE "SOUTH CAROLINA COORDINATE ACT", SO AS TO ESTABLISH THE STATE AS ONE ZONE INSTEAD OF DIVIDING IT INTO A NORTH AND SOUTH ZONE AND TO MAKE ADJUSTMENTS IN THE COORDINATE SYSTEM, MAPPING, AND GEODETIC DATA DISSEMINATION.

Referred to Committee on Agriculture and Natural Resources.

H. 4087 -- Reps. Kay and Townsend: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT NO. 60 TO INCREASE MATERIAL FEES.

Without reference.

H. 4088 -- Reps. McEachin, J.W. McLeod and R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-385 SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES SHALL CLOSE THE LITTLE PEE DEE RIVER TO FISHING DURING FISH BEDDING SEASON AS THIS SEASON IS DETERMINED BY THE DEPARTMENT, TO AMEND THE 1976 CODE BY ADDING SECTION 50-21-175 SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES SHALL CLOSE THE LITTLE PEE DEE RIVER TO MOTOR BOATS WHEN THE WATER LEVEL AT ITS DEEPEST POINT UNDER THE GALIVANTS FERRY BRIDGE IS THREE FEET OR LESS, AND TO PROVIDE, PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

H. 4089 -- Reps. Hearn and J.W. Johnson: A BILL TO REPEAL SECTION 42-3-200 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWER OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION TO MAKE STUDIES AND INVESTIGATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 4090 -- Reps. Hearn and J.W. Johnson: A BILL TO AMEND SECTION 42-11-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OCCUPATIONAL DISEASES UNDER THE WORKERS' COMPENSATION LAW AND THE PROMULGATION OF RULES, REGULATIONS, AND SCHEDULES, SO AS TO DELETE THE AUTHORITY OF THE WORKERS' COMPENSATION COMMISSION, AFTER NOTICE TO PARTIES INTERESTED AND PUBLIC HEARINGS IF REQUESTED, TO PROMULGATE REASONABLE RULES REGARDING THE USE OF SAFETY APPLIANCES FOR THE REDUCTION AND ELIMINATION OF OCCUPATIONAL HAZARDS WHICH CAUSE OCCUPATIONAL DISEASES, AND TO DELETE THE PROVISION THAT NOTHING IN THIS SECTION LIMITS THE POWER OF THE COMMISSION TO APPROVE REASONABLE SAFETY REGULATIONS SUBMITTED BY AN EMPLOYER FOR APPLICATION TO HIS BUSINESS WHICH DO NOT CONFLICT WITH THE RULES AND REGULATIONS PROVIDED FOR IN THIS SECTION.

Referred to Committee on Labor, Commerce and Industry.

H. 4091 -- Reps. Hearn and J.W. Johnson: A BILL TO AMEND SECTION 42-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION PAYABLE FOR DISABILITY FROM AN OCCUPATIONAL DISEASE AND EXCEPTIONS, SO AS TO PROVIDE THAT NO COMPENSATION IS PAYABLE, AMONG OTHER REASONS, FOR THE DEGREE OF DISABILITY RESULTING FROM NONCOMPENSABLE CAUSES OR THE EMPLOYEE'S REFUSAL TO USE A SAFETY APPLIANCE PROVIDED BY AND REGULARLY REQUIRED TO BE USED BY THE EMPLOYER, RATHER THAN A SAFETY DEVICE, OR TO OBEY A SAFETY RULE OR REGULATION ADOPTED AND REGULARLY ENFORCED BY THE EMPLOYER, RATHER THAN A SAFETY REGULATION APPROVED BY THE WORKERS' COMPENSATION COMMISSION IN ACCORDANCE WITH ITS RULES AND REGULATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 4092 -- Reps. Hearn and J.W. Johnson: A BILL TO AMEND SECTION 42-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION OF WORKERS' COMPENSATION WHEN INJURY OR DEATH IS DUE TO THE FAULT OF THE EMPLOYEE, SO AS TO REFER TO A SAFETY APPLIANCE PROVIDED BY AND REGULARLY REQUIRED TO BE USED BY THE EMPLOYER, REFER TO WILFUL BREACH OF ANY SAFETY RULE OR REGULATION ADOPTED AND REGULARLY ENFORCED BY THE EMPLOYER, AND DELETE CERTAIN LANGUAGE.

Referred to Committee on Labor, Commerce and Industry.

S. 1241 -- Senator Waddell: A BILL TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 SO AS TO AUTHORIZE THE ESTABLISHMENT OF THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP WHICH SHALL PROVIDE EQUITY FINANCING TO NEW BUSINESSES OPERATING IN SOUTH CAROLINA OR WHICH PROPOSE TO OPERATE IN SOUTH CAROLINA, THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP BEING PRIVATE, FOR-PROFIT ENTITIES CAPITALIZED BY INVESTORS FROM THE PRIVATE SECTOR WHICH WILL INVEST PREDOMINANTLY IN START-UP BUSINESSES.

Referred to Committee on Ways and Means.

Rep. BEASLEY moved to waive Rule 6.1, which was rejected.

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

The Senate returned to the House with concurrence the following:

H. 3946 -- Reps. Snow, G. Bailey, Beasley, Carnell, Corning, Edwards, Felder, P. Harris, Harvin, Klapman, L. Martin, Mattos, McAbee, McTeer, Rhoad, Rice, Stoddard, Simpson, Tucker, Waldrop, Winstead, M. Alexander, T. Alexander, Aydlette, Baker, Baxley, Bennett, T.M. Burriss, Chamblee, Dangerfield, Elliott, Gregory, Hendricks, J.C. Johnson, Pearce, Pettigrew, T. Rogers, Taylor, Thrailkill, Townsend and Wilkins: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, APRIL 6, 1980, AS THOMAS GREEN CLEMSON DAY AT THE STATE HOUSE AND TO AUTHORIZE AN APPROPRIATE CEREMONY TO BE CONDUCTED IN THE LOBBY OF THE STATE HOUSE MARKING THE OCCASION PLANNED BY THE SONS AND DAUGHTERS OF CLEMSON UNIVERSITY.

H. 4078 -- Reps. P. Harris, T. Rogers, Blackwell and Tucker: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO DR. CHARLES D. BARNETT, OF RICHLAND COUNTY, FOR HIS DEDICATED SERVICE TO THE DEPARTMENT OF MENTAL RETARDATION AND THE STATE OF SOUTH CAROLINA UPON THE OCCASION OF HIS RETIREMENT.

H. 4084 -- Reps. Lockemy and J.W. McLeod- A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF OUR FORMER COLLEAGUE, THE HONORABLE WILLIAM BLEDSOE HAWKINS, JR., OF DILLON COUNTY, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

At 12:55 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.

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