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

WEDNESDAY, MAY 11, 1988

Wednesday, May 11, 1988
(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:

As we come together again answering the call of duty, we pause in these moments of prayer to acknowledge Your Sovereignty and to seek Your help. Grant us peace within, clear minds and a faith in God sturdy enough for the responsibilities and challenges that are ours. Make us quick to discern the needs of the people we serve, wise in finding solutions, firm in the defense of what is right, considerate and helpful of our constituents. Give us the ability to separate the tentative from the enduring and work for that which endures. May we live and labor so that shall be left behind us a better world in which the whole family of man may flourish.

We pray in our Master's Name. 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.

INVITATION

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

May 10, 1988
Mrs. Lois Shealy
Clerk, House of Representatives
Columbia, S.C. 29211

Dear Lois:

Iris and I would like to invite the Members and the Elected Officers of the General Assembly with a guest to join us on Tuesday, May 31st from 6:00-8:00 P.M. for a sine die barbecue at the Mansion complex.

I would appreciate your posting this on the House calendar.

Thank you for your help and let me know if there are any questions or problems.

Sincerely,
Carroll A. Campbell, Jr.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 10, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Fielding, Bryan and Hinson of the Committee of Conference on the part of the Senate on S. 1159:
S. 1159 -- Senators Fielding and McConnell: A BILL TO AMEND SECTION 6-7-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRANTING POWER FOR ZONING TO MUNICIPALITIES AND COUNTIES, SO AS TO PROVIDE THAT THEY HAVE THE AUTHORITY TO PROVIDE FOR THE PRESERVATION AND PROTECTION OF TREES.
Very respectfully,
President

No. 65

Received as information.

S. 640--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 10, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 640:
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.
and asks for a committee of Conference and has appointed Senators Garrison, Courson and Matthews of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 56

Whereupon, the Chair appointed Reps. L. PHILLIPS, McGINNIS and NESBITT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEES

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

S. 1353 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL AREAS FOR TRAWLING FOR SHRIMP AND PRAWN SO AS TO PROVIDE THAT THE AREAS DESCRIBED ARE CLOSED TO TRAWLING UNLESS THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES OPENS THEM FOR SPECIFIED PERIODS BETWEEN SEPTEMBER FIRST AND DECEMBER THIRTY-FIRST OF ANY YEAR BECAUSE OF EXTRAORDINARY CONDITIONS AND IN COMPLIANCE WITH SPECIFIED CRITERIA.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

S. 1450 -- Senators Martschink, Dennis and McLeod: A BILL TO AMEND SECTION 50-11-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FOXES IN CAME ZONE NO. 6, SO AS TO PROVIDE FOR THE RUNNING OF FOXES WITH DOGS IN A PRIVATE ENCLOSED TRAINING FACILITY.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

S. 1169 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS MAKING IT UNLAWFUL TO TRAWL FOR SHRIMP DURING THE CLOSED SEASON NEAR CERTAIN BEACHES OF HUNTING ISLAND AND HILTON HEAD ISLAND, SO AS ALSO TO PROHIBIT TRAWLING WITHIN ONE-QUARTER MILE OF THE SHORES OF THE OCEAN BEACHES OF FRIPP ISLAND AND TO CHANGE THE REFERENCES TO THE LOCAL INSPECTOR OF THE DIVISION OF COMMERCIAL FISHERIES TO THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

S. 1445 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 46-25-20, AS AMENDED, 46-25-30, 46-25-60, 46-25-210, 46-25-510, 46-25-820, AND 46-25- 1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FERTILIZERS, SO AS TO CHANGE THE DEFINITION OF "BOARD", CHANGE PROVISIONS RELATING TO GUARANTEED ANALYSES OF PLANT NUTRIENTS, CHANGE BULK SALES REGULATIONS, CHANGE LICENSING REQUIREMENTS, REGULATE THE SALE OR DISTRIBUTION OF SUPERPHOSPHATE, INCREASE THE ANNUAL REGISTRATION FEE AND INSPECTION TAX FROM TEN DOLLARS TO THIRTY DOLLARS, CHANGE REPORTING REQUIREMENTS, AND TO ELIMINATE SOME OF THE PENALTY PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-25-1160 AND 46-25-1170 SO AS TO PROVIDE PENALTIES; AND TO REPEAL SECTIONS 46-25-550, 46-25-560, AND 46-25-1070 RELATING TO STANDARDS FOR USE OF NITROGEN IN COTTONSEED MEAL AND PENALTY PROVISIONS.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

S. 1432 -- Senator Doar: A BILL TO AMEND SECTIONS 46-31-30, 46-31-40, 46-31-60, 46-31-80, 46-31-100, 46-31-110, 46-31-120, 46-31-130, 46-31-140, AND 46-31-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMOTION OF FLUE-CURED TOBACCO, SO AS TO EXTEND ELIGIBILITY FOR PARTICIPATION IN REFERENDA FOR MARKETING ASSESSMENTS, TO INCREASE THE MAXIMUM ASSESSMENTS FROM TWO TO TEN DOLLARS AN ACRE OR FROM TEN TO FIFTY CENTS FOR EACH HUNDRED POUNDS, TO REDUCE FROM THIRTY DAYS TO FIFTEEN DAYS THE APPLICABLE REFERENDA NOTICE REQUIREMENT, TO PROVIDE FOR THE TIME OF THE WRITTEN REQUEST FOR REFUND OF ASSESSMENTS, AND TO INCREASE FROM THIRTY TO SIXTY DAYS THE DEADLINE FOR THE REPORT OF TOBACCO ASSOCIATES, INCORPORATED.

Ordered for consideration tomorrow.

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

S. 1335 -- Senator McLeod: A BILL TO AMEND SECTION 7-5-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR REGISTRATION OF ELECTORS BY ANY PERSON WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN BEFORE THE CLOSING OF THE BOOKS OF REGISTRATION BEFORE ANY ELECTION, SO AS TO EXTEND FROM SIXTY TO ONE HUNDRED TWENTY DAYS THE TIME WITHIN WHICH A PERSON MAY REGISTER TO VOTE.

Ordered for consideration tomorrow.

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

S. 380 -- Senators McConnell and Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11 OF ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PRESENTMENT OR INDICTMENT, SO AS TO REQUIRE PRESENTMENT OR INDICTMENT BY A GRAND JURY FOR ANY CRIME THE JURISDICTION OVER WHICH IS NOT WITHIN THE MAGISTRATE'S COURT.

Ordered for consideration tomorrow.

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

S. 172 -- Senator Powell: A BILL TO PROVIDE THAT REGULATIONS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT ARE VOID ON MAY 15, 1988, UNLESS APPROVED BY THE GENERAL ASSEMBLY PRIOR TO THAT DATE AND TO PROVIDE THAT REGULATIONS BECOMING EFFECTIVE WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY ARE VOID AFTER SINE DIE ADJOURNMENT OF THE GENERAL ASSEMBLY IN THE SECOND YEAR FOLLOWING THEIR EFFECTIVE DATE UNLESS APPROVED BY THE GENERAL ASSEMBLY PRIOR TO ADJOURNMENT.

Ordered for consideration tomorrow.

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

S. 411 -- Senators Bryan, Lourie, Leventis, Thomas, Fielding, Waddell, Wilson, Powell, Lindsay, Pope, Patterson, Mitchell, Nell W. Smith, Long, Hayes, Horace C. Smith, Setzler, Saleeby, Land, Drummond, Dennis, McLeod, Martin and Giese: 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 A PROPOSED AREA AND IF APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS THE MUNICIPAL 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.

Ordered for consideration tomorrow.

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

S. 1355 -- Senator Doar: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW THE IMPOSITION OF AN ASSESSMENT FOR WATER RELATED CAPITAL IMPROVEMENTS, TO REQUIRE CONNECTION TO A WATER SYSTEM IN THE SAME MANNER AS A CONNECTION TO AN ABUTTING SEWER COLLECTOR LINE, AND TO PROVIDE THAT THE MAXIMUM FOOTAGE FOR WHICH A PARCEL MAY BE ASSESSED APPLIES TO RESIDENTIAL PROPERTY AND NOT TO COMMERCIAL OR INDUSTRIAL PROPERTY.

Ordered for consideration tomorrow.

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

S. 1459 -- Judiciary Committee: A BILL TO AMEND SECTIONS 15-3-340 AND 15-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS FOR RECOVERY OF REAL PROPERTY, SO AS TO LIMIT THE NUMBER OF ACTIONS THAT MAY BE BROUGHT, AND PROVIDE FOR AN EFFECTIVE DATE OF ONE HUNDRED EIGHTY DAYS AFTER APPROVAL BY THE GOVERNOR.

Ordered for consideration tomorrow.

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

H. 4161 -- Reps. Lockemy, Burch and J. Bradley: A BILL TO PROVIDE THAT AN INSURANCE COMPANY IS OBLIGATED TO PAY THE EXPENSES OF A RENTAL CAR UNDER ANY POLICY PROVIDING FOR THOSE EXPENSES FOLLOWING AN AUTOMOBILE ACCIDENT UNTIL THE DELIVERY OF PAYMENT IN SETTLEMENT OF THE CLAIM FOR PROPERTY DAMAGE OR TWO DAYS AFTER THE PAYMENT IS MAILED OR FOR THE MAXIMUM TIME OR AMOUNT ALLOWED UNDER THE POLICY FOR PAYMENT OF THOSE EXPENSES, WHICHEVER OCCURS FIRST.

Ordered for consideration tomorrow.

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

S. 1420 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO REVISE ONE OF THE CONDITIONS WHICH ALLOWS AN INSURER TO WRITE AN APPLICANT AT THE OBJECTIVE STANDARDS RATE RATHER THAN THE BASE RATE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO SMALL COMMERCIAL RISKS.

Ordered for consideration tomorrow.

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

H. 3341 -- Reps. Whipper, Winstead, D. Martin, Washington and Foxworth: A BILL TO AMEND ARTICLE 1, CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL PROVISIONS REGARDING ACCIDENT AND HEALTH INSURANCE, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE PROVIDERS OF MEDICAL SERVICES TO FILE CLAIMS WITH AN INSURER BEFORE SUBMITTING THE CLAIM TO AN INSURED AND PROVIDE FOR A PENALTY.

Ordered for consideration tomorrow.

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

H. 4166 -- Reps. J. Bradley and Day: A BILL TO AMEND SECTION 38-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR INSURERS, SO AS TO PROVIDE THAT FOREIGN INSURANCE COMPANIES REINSURING CERTAIN INDIVIDUAL LIFE INSURANCE, ACCIDENT OR HEALTH INSURANCE, OR ANNUITY CONTRACTS ARE SUBJECT TO THESE LICENSE FEES; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO PROVIDE THAT PREMIUMS RECEIVED ON REINSURANCE BY FOREIGN INSURANCE COMPANIES ON CERTAIN INDIVIDUAL LIFE INSURANCE, ACCIDENT OR HEALTH INSURANCE, OR ANNUITY CONTRACTS ARE SUBJECT TO THESE PREMIUM TAXES; AND TO AMEND SECTION 38-25-150, RELATING TO EXEMPTIONS FROM PROVISIONS RELATING TO THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS; SECTION 38-63-640, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING LIFE INSURANCE POLICIES, SECTION 38-69-220, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING ANNUITIES; AND SECTION 38-71-100, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING ACCIDENT AND HEALTH INSURANCE SO AS TO DELETE THE EXEMPTIONS PERTAINING TO REINSURANCE OF CERTAIN INDIVIDUAL POLICIES OR CONTRACTS.

Ordered for consideration tomorrow.

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

H. 4236 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-79-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO INCLUDE HOSPITAL DIRECTORS, OFFICERS, AND TRUSTEES WITHIN THE DEFINITION OF "LICENSED HEALTH CARE PROVIDERS".

Rep. J. BRADLEY, with unanimous consent, explained the Bill.

RULE 5.12 WAIVED

Rep. J. BRADLEY moved to waive Rule 5.12, which was agreed to by a division vote of 71 to 0.

Ordered for consideration tomorrow.

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

S. 1330 -- Senator Williams: A BILL TO AMEND SECTIONS 61-3-710 AND 61-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND VALIDATION PERIOD FOR LIQUOR LICENSES AND THE REQUIREMENT FOR A SEPARATE LICENSE FOR EACH LOCATION, AND GRANTING OF LICENSE AFTER SUSPENSION OR REVOCATION, SO AS TO CHANGE THE ANNUAL EXPIRATION DATE FOR LIQUOR LICENSES FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE LICENSED LOCATION IS SITUATED; TO AMEND SECTION 61-5-80, RELATING TO THE SCHEDULE FOR PAYMENT AND THE AMOUNT OF LICENSE FEES, SO AS TO CHANGE THE SCHEDULE FOR PERSONS INITIALLY APPLYING FOR A LICENSE FROM A MONTHLY PERIOD TO A QUARTERLY PERIOD; TO AMEND SECTION 61-7-80, RELATING TO REGISTRATION OF PRODUCERS OF ALCOHOLIC LIQUORS, APPLICATION, TERM AND FEE, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING APPLICATION FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-90, RELATING TO THE REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS, APPLICATIONS, TERM AND FEE, SO AS TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FOR BRANDS OF ALCOHOLIC LIQUORS FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, APPLICATIONS, TERMS AND FEES, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR WAREHOUSE LICENSES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-9-310, AS AMENDED, RELATING TO PERMITS AND FILING FEES TO SELL BEER AND WINE, SO AS TO CHANGE THE ANNUAL EXPIRATION DATE FOR PERMITS FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE THE LICENSE LOCATION IS SITUATED; TO AMEND CHAPTER 9, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS ON THE REGULATION OF BEER AND WINE, BY ADDING ARTICLE 2 SO AS TO TRANSFER AUTHORITY TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO PERFORM THE DUTIES AS PROVIDED TO THE TAX COMMISSION IN SECTIONS 12-21-1510 THROUGH 12-21-1590 AND 12-21-1610 RELATING TO THE REGISTRATION OF BEER AND WINE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-515 SO AS TO PROVIDE RESTRICTIONS ON THE CONTROL, OWNERSHIP, AND ISSUANCE OF LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES UPON TERMINATION, SUSPENSION, OR REVOCATION OF A LICENSE; AND TO REPEAL SECTIONS 12-21-1510 THROUGH 12-21-1530 AND 61-9-370.

Ordered for consideration tomorrow.

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

S. 1458 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO LICENSE CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

S. 1175 -- Senators Garrison, Horace C. Smith and Waddell: A BILL TO AMEND SECTION 59-20-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO REVISE THE DEFINITION OF "INDEX OF TAXPAYING ABILITY", TO ESTABLISH A SCHEDULE OF REPORTING INFORMATION NECESSARY TO CALCULATE THE INDEX, TO REQUIRE A TWENTY PERCENT REDUCTION IN FUNDS APPROPRIATED FOR AID TO SUBDIVISIONS FOR A COUNTY IF ITS OFFICIALS FAIL TO REPORT NECESSARY DATA TO THE TAX COMMISSION IN A TIMELY FASHION, TO PROVIDE THAT THE TAX COMMISSION SHALL PROVIDE PRELIMINARY DATA IN THE INDEX TO APPROPRIATE OFFICIALS NOT LATER THAN MARCH FIRST AND A FINAL INDEX NOT LATER THAN MAY FIRST WHICH MAY NOT BE CHANGED DURING THE APPLICABLE SCHOOL YEAR, AND TO AMEND SECTION 12-43-305, RELATING TO PAYMENT OF PROPERTY TAXES WHEN VALUATION IS ON APPEAL, SO AS TO PROVIDE THAT IN THE CASE OF OVERPAYMENTS, THE ASSESSED VALUE FOR THE CURRENT YEAR MUST BE REDUCED BY THE CUMULATIVE AMOUNT OF THE EXCESS ASSESSMENT.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

S. 1240 -- Senator Waddell: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION ESTABLISHMENTS, AND ALL ADDITIONS TO EXISTING HEADQUARTERS, OFFICE FACILITIES, OR DISTRIBUTION ESTABLISHMENTS IN SOUTH CAROLINA, IF THE COST IS FIFTY THOUSAND DOLLARS OR MORE AND SEVENTY-FIVE OR MORE NEW FULL-TIME JOBS ARE CREATED IN SOUTH CAROLINA, QUALIFY FOR THE FIVE YEAR ABATEMENT FROM ORDINARY COUNTY PROPERTY TAXES OF NEW MANUFACTURING ESTABLISHMENTS; TO ESTABLISH WITHIN THE OFFICE OF THE GOVERNOR AN ECONOMIC DEVELOPMENT INCENTIVE FUND FROM WHICH PAYMENTS OF UP TO FIVE HUNDRED THOUSAND DOLLARS MAY BE MADE DIRECTLY TO QUALIFIED CORPORATIONS OR COMPANIES TO OFFSET THE COSTS ASSOCIATED WITH ESTABLISHING THE CORPORATIONS' OR COMPANIES' HEADQUARTERS IN THIS STATE; AND TO PROVIDE THAT QUALIFYING CORPORATIONS ESTABLISHING A HEADQUARTERS OR ADMINISTRATIVE OPERATION IN THIS STATE, OR ADDING TO AN EXISTING HEADQUARTERS OR OPERATION, ARE ALLOWED A CORPORATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF CERTAIN DEVELOPMENT OR CONSTRUCTION COSTS.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4250 -- Rep. Harvin: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2650, RELATING TO CHILD WELFARE AGENCIES AND RESIDENTIAL SERVICES TO CHILDREN, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, MAY 11, 1988, AT 12:00 NOON, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2650 UNTIL SECOND READING OR OTHER DISPOSITION.

The Resolution was ordered referred to the Committee on Rules.

CONCURRENT RESOLUTION

The following was introduced:

H. 4251 -- Rep. J. Brown: A CONCURRENT RESOLUTION COMMEMORATING THE SIXTH REUNION OF THE FIELDS FAMILY, AND WELCOMING ALL THE MEMBERS OF THIS WONDERFUL FAMILY TO THE CAPITAL CITY OF THIS STATE FOR THEIR REUNION BEGINNING JULY 29, 1988.

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

CONCURRENT RESOLUTION

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

H. 4252 -- Reps. Rudnick, Sharpe, Huff, Pettigrew, Jones and Gentry: A CONCURRENT RESOLUTION TO DECLARE THAT THIS STATE IS CONTINUING TO COOPERATE FULLY TO LOCATE THE NEW PRODUCTION REACTOR AUTHORIZED BY CONGRESS AT THE SAVANNAH RIVER RESERVATION AND THAT SOUTH CAROLINA IS READY TO WELCOME THE REACTOR TO THE SAVANNAH RIVER SITE.

Whereas, the Final Report of the New Production Reactor (NPR) Concept and Site Selection Advisory Panel recommended that a Zero-Election-Power Heavy Water Reactor (ZEPHWR) be located at the Savannah River Site as the concept which would provide the greatest assurance of meeting national defense material production goals; and

Whereas, the second choice for the NPR concept is the Low-Temperature Heavy Water Reactor (LTHWR) also easily located at the Savannah River Site; and

Whereas, the Savannah River Site ranked highest in four of the eleven selection criteria and was equal in all other categories with other candidate sites; and

Whereas, this State would welcome the construction of a NPR with state-of-the-art technology and the latest design safeguards; and

Whereas, this construction would generate a peak new employment of over three thousand five hundred jobs in the Savannah River Site area resulting in an estimated positive revenue impact of over fifty million dollars; and

Whereas, the General Assembly has been on record since November 1983, when it notified the United States Department of Energy by passage of House Bill 3202 stating South Carolina's strong endorsement of the Savannah River Site as the site for the NPR; and

Whereas, the many benefits to be gained by siting the NPR at the Savannah River Site will have positive impacts statewide as well as to the Savannah River area. Now, therefore,

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

That the members of the General Assembly declare that this State is continuing to cooperate fully to locate the new production reactor authorized by Congress at the Savannah River Reservation and that South Carolina is ready to welcome the reactor to the Savannah River site.

Be it further resolved that a copy of this resolution be forwarded to the Secretary of Energy, The Honorable John S. Herrington, and the members of the South Carolina Congressional Delegation.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1499 -- Senators Waddell and Garrison: A CONCURRENT RESOLUTION TO CONGRATULATE DR. SARA E. BARGER OF ANDERSON ON HER OUTSTANDING ACHIEVEMENTS AND ON THE HONOR BESTOWED UPON HER AS RECIPIENT OF THE 1988 HONORARY NURSING PRACTICE AWARD OF THE AMERICAN NURSES' ASSOCIATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1501 -- Senators Williams and Matthews: A CONCURRENT RESOLUTION TO COMMEND THE PRINCIPAL, FACULTY, AND STUDENTS OF ORANGEBURG-WILKINSON HIGH SCHOOL IN ORANGEBURG COUNTY FOR THEIR OUTSTANDING ACHIEVEMENTS WHICH RESULTED IN THE SCHOOL'S BEING CHOSEN A SCHOOL INCENTIVE REWARD PROGRAM WINNER FOR 1987-88 AND FOR THE NATIONAL RECOGNITION FOR ITS ACADEMIC IMPROVEMENTS IT RECEIVED WHEN NEWSWEEK FEATURED AND PRAISED THE SCHOOL IN ITS MAY 2, 1988, ARTICLE "SAVING ONE HIGH SCHOOL".

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1502 -- Senator Hayes: A CONCURRENT RESOLUTION TO CONGRATULATE THE CITY OF ROCK HILL ON BEING SELECTED THE RECIPIENT OF THE 1987-88 ELIZABETH O'NEILL VERNER GOVERNMENT AWARD.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1505 -- Senators Hayes, Peeler and Hinson: A CONCURRENT RESOLUTION TO CONGRATULATE MICHAEL HOGUE OF ROCK HILL IN YORK COUNTY WHO RECENTLY RECEIVED, AS A STUDENT AT THE UNIVERSITY OF SOUTH CAROLINA, THE ALGERNON SYDNEY SULLIVAN AWARD, GIVEN FOR ACADEMIC ACHIEVEMENT AND CONTRIBUTIONS TO CAMPUS AND COMMUNITY LIFE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1506 -- Senator Lourie: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WALTER J. BRISTOW, JR., OF COLUMBIA, RESIDENT JUDGE OF THE FIFTH JUDICIAL CIRCUIT, FOR HIS MANY YEARS OF SUPERB PUBLIC SERVICE TO THE CITIZENS OF SOUTH CAROLINA AND WISHING HIM EVERY SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT FROM THE CIRCUIT BENCH.

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. 4253 -- Rep. J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-3025 SO AS TO ESTABLISH A BIRD SANCTUARY IN A CERTAIN PORTION OF CHARLESTON COUNTY WITHIN THE CITY OF CHARLESTON, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

On motion of Rep. J. BRADLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4254 -- Reps. Klapman and Sharpe: A BILL TO PROVIDE THAT ALL CURRENT AND FUTURE JUDGES OF THE UNIFIED JUDICIAL SYSTEM, AND CERTAIN RETIRED JUDGES, WITHIN THIRTY DAYS AFTER ACCEPTING AN APPOINTMENT TO TEMPORARILY SIT AS A PRESIDING JUDGE IN CIRCUIT COURT, SHALL RENDER A REPORT TO THE GENERAL ASSEMBLY REGARDING ALL OF HIS REAL ESTATE TRANSACTIONS AND THOSE OF HIS SPOUSE WITHIN THE LAST TEN YEARS, AND TO PROVIDE WHEN THIS REPORT IS DUE.

Referred to Committee on Judiciary.

H. 4255 -- Reps. Lockemy and J.W. McLeod: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1988, AND ENDING JUNE 30, 1989.

Without reference.

H. 4256 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO SEA TURTLE PROTECTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 969, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4257 -- Reps. Short, O. Phillips and Lewis: A BILL TO AMEND ACT 1779 OF 1972, RELATING TO THE CREATION OF THE CHESTER FIRE DISTRICT IN CHESTER COUNTY, SO AS TO INCREASE THE SIZE OF THE DISTRICT.

Without reference.

H. 4258 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF SOCIAL WORK EXAMINERS, RELATING TO CONTINUING EDUCATION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 959, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4259 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO LICENSURE, FEES, SUPERVISORS, QUALIFYING EXAMINATIONS, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 599 -- Senator Bryan: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 80 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH CERTAIN PROTECTIVE COURT ORDERS MAY BE ISSUED AND TO PROHIBIT THE MAKING OF CERTAIN SECRECY OR NONDISCLOSURE AGREEMENTS.

Referred to Committee on Judiciary.

S. 1398 -- Senator McLeod: A BILL TO AMEND CHAPTER 43, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUEFIED PETROLEUM GASES, SO AS TO CHANGE AND ADD DEFINITIONS AND TO REVISE PROCEDURES FOR REGULATING THE USE OF LIQUEFIED PETROLEUM GASES, TO CHANGE INSURANCE REQUIREMENTS, AND TO DELETE REQUIREMENTS FOR THE IDENTIFICATION OF VEHICLES POWERED BY LIQUEFIED PETROLEUM GAS.

Referred to Committee on Labor, Commerce and Industry.

H. 4257--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. SHORT, with unanimous consent, it was ordered that H. 4257 be read the second and third times the next two successive legislative days.

HOUSE RESOLUTION

The following was introduced:

H. 4260 -- Reps. Harvin, Baxley, Neilson and Wells: A HOUSE RESOLUTION CONGRATULATING MS. ELIZABETH PROTHRO OF CLARENDON COUNTY ON THE OCCASION OF HER INDUCTION INTO PHI BETA KAPPA HONOR SOCIETY.

The Resolution was adopted.

REPORT OF STANDING COMMITTEE

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

S. 1463 -- Senators Garrison, Stilwell, Lindsay, Waddell, Doar and McConnell: A CONCURRENT RESOLUTION REQUESTING THE STATE BOARD OF EDUCATION TO DEVELOP NUTRITIONAL POLICIES FOR FOODS AVAILABLE TO STUDENTS DURING THE SCHOOL DAY BASED ON THE APPROPRIATE DIETARY GUIDELINES AND URGING LOCAL SCHOOL DISTRICTS AND SCHOOL FOOD SERVICE PROGRAMS TO ADOPT THE POLICIES RECOMMENDED BY THE STATE BOARD.

S. 1463--ADOPTED AND SENT TO THE SENATE

On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

S. 1463 -- Senators Garrison, Stilwell, Lindsay, Waddell, Doar and McConnell: A CONCURRENT RESOLUTION REQUESTING THE STATE BOARD OF EDUCATION TO DEVELOP NUTRITIONAL POLICIES FOR FOODS AVAILABLE TO STUDENTS DURING THE SCHOOL DAY BASED ON THE APPROPRIATE DIETARY GUIDELINES AND URGING LOCAL SCHOOL DISTRICTS AND SCHOOL FOOD SERVICE PROGRAMS TO ADOPT THE POLICIES RECOMMENDED BY THE STATE BOARD.

Whereas, April of each year is Health Promotion Month; and

Whereas, there is increasing evidence that several major chronic diseases are associated with diet-related risk factors that may be prevented or postponed by making modifications in diet; and

Whereas, the citizens of this State have one of the lowest life expectancies in the United States, one of the highest infant mortality rates, a cancer death rate increasing faster than the national average, and a heart disease rate that is higher than the national rate; and

Whereas, the development of good health habits must begin early in life; and

Whereas, all public schools in this State participate in the National School Lunch Program; and

Whereas, schools should provide for growth and development needs as well as provide the setting for sending positive health messages to students. Now, therefore,

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

That the State Board of Education is urged to develop nutritional policies for foods available to students during the school day based on the United States Dietary Guidelines for Americans and the nutritional requirements of the National Child Nutrition Program.

Be it further resolved that local school districts and school food service programs are urged to adopt the nutrition policy of the State Board of Education.

Be it further resolved that a copy of this resolution be forwarded to Dr. Charlie Williams, State Superintendent of Education.

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

REPORT OF STANDING COMMITTEE

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

H. 4225 -- Reps. Koon, Sturkie, Klapman, Derrick and Felder: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO IMPLEMENT A PROGRAM TO ALERT THE PUBLIC TO THE DANGER INVOLVED IN THE OPERATION OF "MOTORIZED THREE WHEELERS".

H. 4225--ADOPTED AND SENT TO THE SENATE

On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 4225 -- Reps. Koon, Sturkie, Klapman, Derrick and Felder: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO IMPLEMENT A PROGRAM TO ALERT THE PUBLIC TO THE DANGER INVOLVED IN THE OPERATION OF "MOTORIZED THREE WHEELERS".

Whereas, the federal government has prohibited the future sales of "motorized three wheelers" because of the danger to life and limb by their operation; and

Whereas, many of these vehicles were sold to residents of this State before the federal law was enacted and it is believed by the General Assembly that many owners and users of the vehicles, especially young people, do not realize the risk involved in driving the vehicles. Now, therefore,

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

That the South Carolina Department of Highways and Public Transportation is requested to develop and implement a public information program through the media and public schools to apprise the public of the dangers involved in the operation of "motorized three wheelers".

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, J.
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Cork
Dangerfield            Day                    Derrick
Elliott                Faber                  Fair
Ferguson               Foster                 Foxworth
Gilbert                Gordon                 Gregory
Harris, J.             Harris, P.             Haskins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Huff                   Humphries              Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Lanford                Lewis                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McGinnis               McKay
McLellan               McLeod, E.B.           McLeod, J.W.
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Pearce
Pettigrew              Petty                  Phillips, L.
Phillips, O.           Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Simpson                Snow                   Stoddard
Taylor                 Thrailkill             Townsend
Tucker                 Waldrop                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 May 11, 1988.

T.W. Edwards                      Paul Derrick
C. Lenoir Sturkie                 G. Ralph Davenport
John Felder                       R.S. Corning
Tom Limehouse                     Robert A. Kohn
Paul M. Burch                     Larry Koon
D.L. Aydlette, Jr.                Larry Gentry
James E. Lockemy
Total Present--119

STATEMENTS OF ATTENDANCE

Rep. STURKIE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 26, 1988.

Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 28, 1988.

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 5, 1988.

Rep. HAYES signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 10, 1988.

DOCTOR OF THE DAY

Announcement was made that Dr. Ted Watson of Greenville is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 3742 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-221 SO AS TO PROVIDE FOR A MEDICAL ADVISORY BOARD TO ADVISE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON THE MENTAL AND PHYSICAL FITNESS OF PERSONS TO BE LICENSED TO OPERATE MOTOR VEHICLES.

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.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 1127 -- Senators Drummond and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-85 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO NEGLIGENTLY OR RECKLESSLY USE A FIREARM OR ARCHERY TACKLE WHILE HUNTING AND TO PROVIDE PENALTIES.

S. 1006 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.

S. 1282 -- Senators Doar, Garrison and Horace C. Smith: A BILL TO AMEND SECTIONS 46-10-120 AND 46-10-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOLL WEEVIL ERADICATION, SO AS TO DELETE REQUIREMENTS FOR ADDITIONAL REFERENDA, TO PROVIDE FOR AN ASSESSMENT OF TEN DOLLARS AN ACRE FOR THE ERADICATION PROGRAM, AND TO PROVIDE FOR CHANGES IN THE ASSESSMENT AND THE DURATION OF THE PROGRAM.

S. 1281--OBJECTIONS

Rep. HENDRICKS moved to reconsider the vote whereby the following Bill was given a second reading.

S. 1281 -- Senators Long, Doar, Peeler, Waddell and Garrison: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 SO AS TO CREATE THE AQUACULTURE PERMIT ASSISTANCE OFFICE AND TO PROVIDE FOR ITS POWERS AND DUTIES.

Rep. SHARPE moved to table the motion, which was not agreed to.

The question then recurred to the motion to reconsider the vote, which was rejected by a division vote of 32 to 36.

Reps. HENDRICKS, SIMPSON, HELMLY and TUCKER objected to the Bill.

ORDERED ENROLLED FOR RATIFICATION

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

S. 683 -- Senators Lourie, Courson, Giese and Patterson: A BILL TO PROVIDE THAT THE GOVERNING BODY OF ANY RECREATION DISTRICT THAT HAS AUTHORITY TO ISSUE REVENUE BONDS IS AUTHORIZED TO ISSUE ADDITIONAL REVENUE BONDS UNDER CERTAIN CONDITIONS.

S. 962 -- Senator Powell: A BILL TO AMEND SECTIONS 9-1-470 AND 9-1-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY OF MEMBERSHIP IN THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE THAT ANY NONPROFIT CORPORATION CREATED UNDER THE PROVISIONS OF CHAPTER 35 OF TITLE 33, FOR THE PURPOSES OF SUPPLYING WATER AND SEWER, IS ELIGIBLE FOR MEMBERSHIP IN THE SYSTEM AND PROVIDE THAT IF THE CORPORATION BECOMES A MEMBER OF THE SYSTEM, ITS EMPLOYEES SHALL JOIN THE SYSTEM AS A CONDITION OF EMPLOYMENT.

S. 1264 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SURPLUS PROPERTY MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 850, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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.

H. 3833--ORDERED TO THIRD READING

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

H. 3833 -- Rep. Fair: A BILL TO AMEND SECTION 9-1-1850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PURCHASES OF ADDITIONAL SERVICE CREDIT BY MEMBERS OF THE STATE RETIREMENT SYSTEM WITH AT LEAST TWENTY-FIVE YEARS' CREDITABLE SERVICE, SO AS TO PROVIDE AN ALTERNATIVE OPTIONAL METHOD UNDER WHICH THESE MEMBERS ARE AUTHORIZED TO PURCHASE ADDITIONAL SERVICE CREDIT, AND TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9, RELATING TO THE POLICE OFFICERS' RETIREMENT SYSTEM, BY ADDING SECTION 9-11-65 SO AS TO MAKE THE ABOVE OPTION ALSO AVAILABLE TO MEMBERS OF THIS SYSTEM UNDER SPECIFIED CONDITIONS.

Rep. T. ROGERS relinquished the floor.

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

H. 3456--DEBATE ADJOURNED

Rep. McEACHIN moved to adjourn debate upon the following Bill until Thursday, May 12, which was adopted.

H. 3456 -- Rep. McEachin: A BILL TO AMEND SECTION 50-21-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS OF THE DIVISION OF BOATING OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AS TO THE CONSTRUCTION, EQUIPMENT, AND SAFETY STANDARDS OF BOATS, SO AS TO REQUIRE THE DIVISION TO PROMULGATE REGULATIONS WHICH REQUIRE THAT BOATS WITH INBOARD MOTORS OR INBOARD/OUTBOARD MOTORS ARE EQUIPPED WITH MUFFLERS IN GOOD WORKING ORDER OR WITH AN ACCEPTABLE SOUND RETARDING COVERING TO PREVENT EXCESSIVE, UNUSUAL, OR ANNOYING NOISE.

ORDERED TO THIRD READING

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

H. 4182 -- Reps. Hearn, T. Rogers, Humphries, J. Bradley, M.D. Burriss, Foxworth, Wilkins, Winstead and Dangerfield: A BILL TO AMEND SECTION 12-35-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE USE TAX, SO AS TO EXEMPT FROM THE TAX TANGIBLE PERSONAL PROPERTY AND EXHIBITION RENTALS PURCHASED FROM SOURCES OUTSIDE THIS STATE BY CHARITABLE, ELEEMOSYNARY, OR GOVERNMENTAL ORGANIZATIONS OPERATING MUSEUMS IF THE PROPERTY PURCHASED OR LEASES ENTERED INTO ARE DIRECTLY RELATED TO MUSEUM PURPOSES.

S. 1013 -- Senators Bryan and Giese: A BILL TO AMEND SECTION 56-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL USE OF AND FRAUDULENT APPLICATION FOR A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO INCREASE THE MONETARY PENALTY FROM A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.

Rep. WILKINS explained the Bill.

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.

H. 4209 -- Reps. Fair and Wilkins: A BILL TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.

Rep. WILKINS explained the Bill.

H. 4126--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4126 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT AS A CONDITION OF PROBATION IT MAY FINE A CHILD IN AN AMOUNT NOT TO EXCEED TWO HUNDRED DOLLARS IN CASES WHICH WOULD BE TRIABLE IN MAGISTRATES' COURT IF THE VIOLATOR WERE AN ADULT WHEN COMMITMENT IS SUSPENDED, BUT NOT IN ADDITION TO COMMITMENT.

Rep. WILKINS proposed the following Amendment No. 1 (Doc. No. 3749J), which was adopted.

Amend the bill, as and if amended, Section 20-7-1330, as contained in SECTION 1, by striking item (b) and inserting:

/(b) as a condition of probation impose upon the juvenile a fine not exceeding two hundred dollars when the offense is one in which a magistrate, municipal, or circuit court judge has the authority to impose a fine. A fine may be imposed when commitment is suspended but not in addition to commitment;/.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

H. 3987--OBJECTIONS

The following Joint Resolution was taken up.

H. 3987 -- Reps. Huff, Hodges and McElveen: A JOINT RESOLUTION PROPOSING THE REPEAL OF SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ALLOWANCE OF DIVORCES FROM THE BONDS OF MATRIMONY.

Rep. WILKINS explained the Joint Resolution.

Reps. STURKIE, PETTIGREW, HUMPHRIES and KLAPMAN objected to the Joint Resolution.

S. 1311--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1311 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ISSUING FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO SPECIFICALLY STATE THAT THE CRIME APPLIES TO ISSUING A FRAUDULENT CHECK, DRAFT, OR OTHER ORDER IN PAYMENT OF STATE TAXES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3544J), which was adopted.

Amend the bill, as and if amended, by adding after SECTION 1:

/SECTION 2. Section 34-11-60(d) of the 1976 Code is amended to read:

"(d) The word 'credit' as used in this section shall be construed to mean means securing further advances of money, goods, or services by means of a check, draft, or other written order, given in whole or in part payment of a then existing account. Payment for meals, lodging, or other goods or services at any hotel, motel, or other hostelry by means of a check, draft, or other written order at any time prior to or upon departure or checkout from such hostelry shall must be construed as obtaining such those goods or services by means of such check, draft, or other written order for the purposes of this section. This section shall does not apply to any postdated check or to any check given only in full or partial payment of a preexisting debt, or to the giving of any check, draft, or other written order where the payee knows, has been expressly notified, or has reason to believe that the drawer did not have an account or have on deposit with the drawee sufficient funds to insure payment thereof nor to any check which has not been deposited to an account of the payee within a period of ten days from the date such the check was presented to the payee. It shall is also be unlawful for any person to induce, solicit, or to aid and abet any other person to draw, make, utter, issue, or deliver to any person including himself any check, draft, or other written order on any bank or depository for the payment of money or its equivalent, being informed, knowing, or having reasonable cause for believing at the time of the inducing, soliciting, or the aiding and abetting that the maker or the drawer of the check, draft, or other written order has not sufficient funds on deposit in, or an account with, such the bank or depository with which to pay the same upon presentation."/

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

S. 1316--OBJECTION, AMENDED AND
ORDERED TO THIRD READING

The following Bill was taken up.

S. 1316 -- Senators Dennis and Nell W. Smith: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR AN EXEMPTION FOR ARCHEOLOGICAL RECORDS OF THE INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3329J), which was adopted.

Amend the bill, as and if amended, in the item added to Section 30-4-40(a), as contained in SECTION 1, page 1316-2, line 41, after /located./ by inserting /The records, including but not limited to, the locations of the sites and the locations of the finds and objects must be disclosed to the owner of the land upon which the sites, finds, or objects are located if he requests the disclosure./ so that when amended the item reads:

/( ) All archeological records of the South Carolina Institute of Archeology and Anthropology pertaining to land sites, including but not limited to, the locations of the sites and the locations of archeological finds and recovered objects. The Director of the Institute may allow the disclosure of any records if he determines that the disclosure would further the purpose of protecting archeological land sites for the present and future benefit of the people of South Carolina and not create a risk of harm to any archeological finds or recovered objects or to the land site at which the finds or objects are located. The records, including but not limited to, the locations of the sites and the locations of the finds and objects must be disclosed to the owner of the land upon which the sites, finds, or objects are located if he requests the disclosure.

Amend title to conform.

Rep. WILKINS explained the amendment.

Rep. SIMPSON objected to the Bill.

The amendment was then adopted.

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

H. 4159--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 4159 -- Reps. Baker, Clyborne, Baxley, Gentry and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-25 SO AS TO EXTEND TO MAGISTRATES JURISDICTION TO CONDUCT SUPPLEMENTAL PROCEEDINGS TO ENFORCE JUDGMENTS OBTAINED IN MAGISTRATES' COURTS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3584J), which was adopted.

Amend the bill, as and if amended, by striking Section 22-3-25, as contained in SECTION 1, and inserting:

/Section 22-3-25. A magistrate has jurisdiction to conduct supplemental proceedings as provided in Article 3 of Chapter 39 of Title 15 to enforce a judgment obtained in magistrate's court./

Amend title to conform.

Rep. HAYES explained the amendment.

The amendment was then adopted.

Rep. RUDNICK spoke against the Bill.

Reps. O. PHILLIPS, DAY and RUDNICK objected to the Bill.

S. 1344--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

S. 1344 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-7-603 SO AS TO CODIFY THE COMMON LAW RULE PROHIBITING FIDUCIARIES FROM MAKING OR PARTICIPATING IN FIDUCIARY DECISIONS TO BENEFIT THEMSELVES, BY PROHIBITING FIDUCIARIES FROM MAKING OR PARTICIPATING IN DECISIONS TO EXERCISE GENERAL POWERS OF APPOINTMENT IN FAVOR OF THEMSELVES WHEN THERE ARE OTHER BENEFICIARIES, BY REQUIRING THAT ALLOCATIONS BETWEEN INCOME AND PRINCIPAL OF RECEIPTS AND EXPENSES IN THEIR FAVOR BE MADE IN ACCORDANCE WITH THE REVISED UNIFORM PRINCIPAL AND INCOME ACT, AND BY PROVIDING THAT MERGER OF THE LEGAL AND EQUITABLE TITLES OF THE TRUST PROPERTY MAY NOT OCCUR UNLESS THE SOLE FIDUCIARY AND THE SOLE BENEFICIARY ARE IDENTICAL, AND TO REPEAL SECTION 21-11-5 RELATING TO CERTAIN POWERS OF FIDUCIARIES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3519J), which was adopted.

Amend the bill, as and if amended, in SECTION 1 by striking beginning on line 8 of page 2 /First Union National Bank of S.C. v. Cisa, _______________ S.C. _____________ (October 26, 1987)/ and inserting:
/First Union National Bank of S.C. v. Cisa, 361 S.E. 2d 615 (1987)/.

When amended, SECTION 1 shall read:

/SECTION 1. The General Assembly finds that under general fiduciary principles, fiduciaries, including trustees of testamentary and inter vivos trusts and executors of decedents' estates, owe a duty of undivided loyalty to the beneficiaries of these trusts and estates. In order to protect beneficiaries from conflicts of interests of fiduciaries which would arise if the fiduciaries were allowed to participate in decisions to make discretionary distributions of income or of principal to themselves, or to make discretionary allocations in their favor of receipts and of expenses as between income and principal, fiduciaries are generally not permitted under common law to participate in these decisions. This Act is intended to be declaratory of the common law rule that protects the beneficiaries of trusts and estates from these conflicts of interests. As the court stated in First Union National Bank of S.C. v. Cisa, 361 S.E. 2d 615 (1987): "... under the principles of trust law, the trustee-beneficiary is required to refrain from taking actions which it cannot exclude all selfish interest from affecting." Settlors of trusts intend to separate the legal and equitable title of the property they place in trust. In order to avoid frustrating that intent, the General Assembly desires to prevent the merger of legal and equitable titles to property held in trust except in cases in which the sole fiduciary is the sole beneficiary and the legal and equitable titles are identical./

Amend the bill further, as and if amended, in subitem (c), item (1), subsection (A) of Section 62-7-603 of the 1976 Code, as contained in SECTION 2, by inserting after /reason/ on line 12 of page 3 /of/.

When amended, subitem (c) shall read:

/(c) If all of the serving fiduciaries are disqualified from exercising a power, the court that would have Jurisdiction to appoint a fiduciary under the instrument, if there were no fiduciary currently serving, shall exercise, or shall appoint a special fiduciary whose only power is to exercise, the power that cannot be exercised by the other fiduciaries by reason of item (1)./

Amend the bill further, as and if amended, item (2), subsection (A) of Section 62-7-603 of the 1976 Code, as contained in SECTION 2, by striking beginning on line 31 of page 3 /, and following/.

When amended, item (2) shall read:

/(2) Any power conferred upon the fiduciary in his capacity as a fiduciary to allocate receipts and expenses as between income and principal in his own favor, must be exercised in accordance with the provisions of the Revised Uniform Principal and Income Act, as contained in this South Carolina Probate Code./

Amend title to conform.

Rep. HAYES explained the amendment.

The amendment was then adopted.

Rep. HAYES explained the Bill.

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

S. 1147--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3, Rep. G. BROWN having the floor.

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.

AMENDMENT NO. 3--TABLED

Debate was resumed on Amendment No. 3, which was proposed on Tuesday, May 10, by Rep. E.B. McLEOD.

Rep. G. BROWN continued speaking.

Reps. BLACKWELL, E.B. McLEOD, R. BROWN, G. BROWN, WHITE and LEWIS spoke in favor of the amendment.

Reps. FELDER, WALDROP and KIRSH spoke against the amendment.

Rep. KLAPMAN spoke in favor of the Bill.

Rep. KIRSH moved to table the amendment.

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

Yeas 82: Nays 24

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Barfield               Baxley                 Beasley
Boan                   Bradley, J.            Brown, H.
Burch                  Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Clyborne
Cooper                 Cork                   Corning
Dangerfield            Davenport              Day
Derrick                Edwards                Elliott
Faber                  Fair                   Felder
Ferguson               Foster                 Foxworth
Gordon                 Gregory                Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Hearn                  Hendricks
Hodges                 Holt                   Johnson, J.C.
Johnson, J.W.          Kay                    Keyserling
Kirsh                  Klapman                Kohn
Koon                   Limehouse              Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McCain                 McEachin
McLellan               McTeer                 Moss
Neilson                Nesbitt                Nettles
Pearce                 Pettigrew              Petty
Phillips, O.           Rogers, J.             Rudnick
Sheheen                Shelton                Short
Snow                   Sturkie                Taylor
Tucker                 Waldrop                Wells
Wilkins

Total--82

Those who voted in the negative are:

Baker                  Blackwell              Blanding
Brown, G.              Brown, J.              Brown, R.
Chamblee               Cole                   Huff
Humphries              Lanford                Lewis
McBride                McElveen               McLeod, E.B.
Phillips, L.           Rice                   Rogers, T.
Simpson                Thrailkill             Washington
Whipper                White                  Wilder

Total--24

So, the amendment was tabled.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 99; Nays 4

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Blackwell
Boan                   Bradley, J.            Brown, C.
Brown, H.              Brown, J.              Burch
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Cork
Corning                Dangerfield            Davenport
Day                    Derrick                Edwards
Elliott                Faber                  Felder
Ferguson               Foster                 Foxworth
Gordon                 Gregory                Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Huff                   Humphries              Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Koon                   Limehouse
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McGinnis               McLellan
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Pearce
Pettigrew              Petty                  Phillips, L.
Phillips, O.           Rice                   Rogers, J.
Rogers, T.             Rudnick                Sheheen
Shelton                Short                  Simpson
Snow                   Sturkie                Taylor
Thrailkill             Townsend               Tucker
Washington             Wells                  Whipper
White                  Wilder                 Wilkins

Total--99

Those who voted in the negative are:

Brown, R.              Lanford                Lewis
McLeod, E.B.

Total--4

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

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 4261 -- Reps. Kay, Townsend and Carnell: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT NO. 60 TO ISSUE A GENERAL OBLIGATION BOND OF THE SCHOOL DISTRICT IN THE PRINCIPAL AMOUNT OF SIX HUNDRED THOUSAND DOLLARS; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BOND MUST BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MUST BE EXPENDED; AND TO PROVIDE FOR THE PAYMENT OF THE BOND.

Without reference.

H. 4262 -- Reps. Kay, Townsend and Carnell: A BILL TO PROVIDE FOR THE PROCEDURE TO IMPOSE AD VALOREM TAXES FOR OPERATIONAL PURPOSES FOR ABBEVILLE SCHOOL DISTRICT NO. 60, SOUTH CAROLINA.

Without reference.

S. 1344--ORDERED TO THIRD READING

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

S. 1344 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-7-603 SO AS TO CODIFY THE COMMON LAW RULE PROHIBITING FIDUCIARIES FROM MAKING OR PARTICIPATING IN FIDUCIARY DECISIONS TO BENEFIT THEMSELVES, BY PROHIBITING FIDUCIARIES FROM MAKING OR PARTICIPATING IN DECISIONS TO EXERCISE GENERAL POWERS OF APPOINTMENT IN FAVOR OF THEMSELVES WHEN THERE ARE OTHER BENEFICIARIES, BY REQUIRING THAT ALLOCATIONS BETWEEN INCOME AND PRINCIPAL OF RECEIPTS AND EXPENSES IN THEIR FAVOR BE MADE IN ACCORDANCE WITH THE REVISED UNIFORM PRINCIPAL AND INCOME ACT, AND BY PROVIDING THAT MERGER OF THE LEGAL AND EQUITABLE TITLES OF THE TRUST PROPERTY MAY NOT OCCUR UNLESS THE SOLE FIDUCIARY AND THE SOLE BENEFICIARY ARE IDENTICAL, AND TO REPEAL SECTION 21-11-5 RELATING TO CERTAIN POWERS OF FIDUCIARIES.

Rep. HAYES relinquished the floor.

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

H. 4000--DEBATE ADJOURNED

Rep. T. ROGERS moved to adjourn debate upon the following Bill until Thursday, May 12, which was adopted.

H. 4000 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COOPERATION OF SOCIETIES AND ORGANIZATIONS WHICH PROTECT OR AID DELINQUENT OR NEGLECTED CHILDREN, SO AS TO REQUIRE STATE, AS WELL AS COUNTY, TOWN, AND MUNICIPAL OFFICIALS AND DEPARTMENTS TO ASSIST AND COOPERATE IN THE PROTECTION OF CHILDREN.

ORDERED TO THIRD READING

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

H. 4042 -- Rep. Koon: A BILL TO AMEND SECTION 53-3-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FAMILY OF THE YEAR AND THE COMMITTEE TO CHOOSE THE FAMILY OF THE YEAR, SO AS TO ADD TWO ADDITIONAL MEMBERS TO THIS COMMITTEE AND PROVIDE FOR THE MANNER OF THEIR APPOINTMENT.

S. 1081 -- Senator Thomas E. Smith, Jr.: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO PROMULGATE REGULATIONS WHICH PROVIDE OBJECTIVE GUIDELINES AS TO WHAT CONSTITUTES SUCCESSFUL COMPLETION OF THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM.

S. 1457 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO THE CONDUCT OF BOXING, KICKBOXING, SPARRING, AND WRESTLING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 971, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4044 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-37-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AUDITORS, ASSESSORS, AND APPOINTED APPRAISERS ATTEND EDUCATIONAL COURSES AS REQUIRED BY THE SOUTH CAROLINA TAX COMMISSION, SO AS TO DELETE THE EDUCATIONAL COURSE REQUIREMENT FOR AUDITORS.

H. 4152--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the following Bill until Thursday, May 12, which was adopted.

H. 4152 -- Rep. Altman: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW THE IMPOSITION OF AN ASSESSMENT FOR WATER RELATED CAPITAL IMPROVEMENTS, TO REQUIRE CONNECTION TO A WATER SYSTEM IN THE SAME MANNER AS A CONNECTION TO AN ABUTTING SEWER COLLECTOR LINE, AND TO PROVIDE THAT THE MAXIMUM FOOTAGE FOR WHICH A PARCEL MAY BE ASSESSED APPLIES TO RESIDENTIAL PROPERTY AND NOT TO COMMERCIAL OR INDUSTRIAL PROPERTY.

S. 854--DEBATE ADJOURNED

Rep. E.B. McLEOD moved to adjourn debate upon the following Bill until Thursday, May 12, which was adopted.

S. 854 -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 40-43-100, AS AMENDED, AND 40-43-60, 40-43-80, 40-43-90, 40-43-110, 40-43-120, 40-43-135, 40-43-140, 40-43-150, 40-43-155, 40-43-160, 40-43-210, 40-43-240, 40-43-250, 40-43-280, 40-43-300, 40-43-330, 40-43-380, 40-43-410, AND 40-43-460, RELATING TO PHARMACISTS, SO AS TO CHANGE THE NAME OF THE BOARD OF PHARMACEUTICAL EXAMINERS TO THE BOARD OF PHARMACY, PROHIBIT THE BOARD FROM ISSUING A TEMPORARY LICENSE, PROVIDE FOR A RECIPROCAL LICENSE FEE, REQUIRE CONTINUING EDUCATION, CHANGE THE TERM "REGISTERED PHARMACIST" TO "LICENSED PHARMACIST", REQUIRE THE PHARMACIST TO KEEP A RECORD OF THE QUANTITY OF A POISONOUS SUBSTANCE SOLD AND CLEARLY LABEL POISONOUS SUBSTANCES DISPENSED "POISON", DELETE THE DRUG SULFONAMIDE, ABORTIFACIENT DRUGS, AND HORMONES SINCE THEY ARE NO LONGER USED, AND CHANGE THE REFERENCE TO PHARMACIES TO DRUG OUTLETS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-43-235 SO AS TO REQUIRE A PHARMACIST OR ASSISTANT PHARMACIST TO NOTIFY THE BOARD OF ANY CHANGE OF ADDRESS; AND TO REPEAL SECTIONS 40-43-170, 40-43-220, 40-43-290, 40-43-310, 40-43-340, 40-43-350, 40-43-450, AND 40-43-470 RELATING TO LABELS FOR POISONS, DRUGS AND POISONS SOLD BY MERCHANTS, PAYMENT OF DRUG INSPECTORS, DISPOSITION OF FEES COLLECTED BY THE BOARD, THE ANNUAL REPORT OF PHARMACEUTICAL ASSOCIATIONS, THE TERMS "PHARMACIST", "DRUGGIST", AND "APOTHECARY" CONSTRUED INTERCHANGEABLY, PERMITS TO OPEN A NEW PHARMACY, AND EMPLOYEES' SALARIES.

H. 4000--RECONSIDERED AND ORDERED
TO THIRD READING

Rep. WHIPPER moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

H. 4000 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COOPERATION OF SOCIETIES AND ORGANIZATIONS WHICH PROTECT OR AID DELINQUENT OR NEGLECTED CHILDREN, SO AS TO REQUIRE STATE, AS WELL AS COUNTY, TOWN, AND MUNICIPAL OFFICIALS AND DEPARTMENTS TO ASSIST AND COOPERATE IN THE PROTECTION OF CHILDREN.

Rep. WHIPPER explained the Bill.

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

S. 356--DEBATE ADJOURNED

Rep. E.B. McLEOD moved to adjourn debate upon the following Bill until Thursday, May 12, which was adopted.

S. 356 -- Senator Land: A BILL TO AMEND SECTION 40-36-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA OCCUPATIONAL THERAPY PRACTICE ACT, SO AS TO DEFINE OCCUPATIONAL THERAPY AIDE; TO AMEND SECTION 40-36-50, RELATING TO LIMITED PERMITS FOR THE PRACTICE OF OCCUPATIONAL THERAPY, SO AS TO DELETE THE PROVISIONS REQUIRING A LICENSED OCCUPATIONAL THERAPIST TO BE PRESENT ON THE PREMISES WHEN A PERSON IS PRACTICING UNDER A LIMITED PERMIT; TO AMEND SECTION 40-36-120, RELATING TO APPLICATIONS FOR LICENSES FOR THE PRACTICE, SO AS TO DELETE THE PROVISIONS REQUIRING AN OCCUPATIONAL THERAPY ASSISTANT'S PROGRAM TO BE APPROVED BY THE AMERICAN OCCUPATIONAL THERAPY ASSOCIATION, ALLOWING THE LICENSING OF A PRACTICING OCCUPATIONAL THERAPY ASSISTANT AS AN OCCUPATIONAL THERAPIST WITHOUT THE EDUCATIONAL REQUIREMENTS, AND REQUIRING THAT AN OCCUPATIONAL THERAPIST MUST NOT HAVE BEEN CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE; AND TO AMEND SECTION 40-36-130, RELATING TO EXAMINATIONS OF PERSONS APPLYING FOR LICENSURE, SO AS TO DELETE THE PROVISIONS DETAILING REQUIREMENTS FOR EXAMINATION AND REEXAMINATION.

S. 1327--DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the Joint Resolution until Thursday, May 12, which was adopted.

S. 1327 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE RANDOLPH-SHEPPHARD VENDING FACILITY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 862, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 2495--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2495 -- Rep. Washington: A BILL TO AMEND ARTICLE 3, CHAPTER 7, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PEACE, BY ADDING SECTION 16-7-180 SO AS TO PROHIBIT PARAMILITARY TRAINING BY CERTAIN PERSONS AND TO PRESCRIBE CRIMINAL PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF PARTICIPATION IN UNLAWFUL PARAMILITARY TRAINING.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4469Y), which was adopted.

Amend the bill, as and if amended, in subsection (B) of Section 16-7-180 of the 1976 Code, as contained in SECTION 1, page 1, line 4, by inserting after /Guard,/ /the State Guard, state-supported military colleges, state-chartered military schools and academies, senior and junior ROTC programs, historic battle re-enactment programs,/ so that when amended subsection (B) shall read:

/(B) No person may teach or participate in paramilitary training within this State. The provisions of this section do not apply to the United States Armed Forces, the National Guard, the State Guard, state-supported military colleges, state-chartered military schools and academies, senior and junior ROTC programs, historic battle re-enactment programs, nor to any municipal, county, or state law enforcement officers./

Amend title to conform.

Rep. WASHINGTON explained the amendment.

The amendment was then adopted.

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

H. 3426--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3426 -- Rep. J. Brown: A BILL TO REQUIRE DEADBOLT LOCKS AND SECURITY CHAINS ON THE DOORS TO CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED DEADBOLT LOCK AND SECURITY CHAIN ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 4, by the Committee on Medical, Military, Public and Municipal Affairs.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. J. BROWN proposed the following Amendment No. 2 (Doc. No. 3678J), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. (A) Wherever fees are charged in this State for any rooms, lodgings, or accommodations furnished to transients by any hotel, inn, tourist court, or motel the rooms, lodgings, or accommodations so furnished must be equipped with (1) a lock system such as, but not limited to, a deadbolt or other state of the art security system which may be activated from the inside by the transient and which cannot be unlocked or removed from the outside except by an emergency key (E-key) or other management-controlled access plan, and (2) a device such as a security chain, bar lock, view ports, or any other device which allows sight outside the door without opening the door or by opening the door not more than three inches.

The provisions of this subsection do not apply to tourist camps or campgrounds or to residences of any nature.

(B) Whoever fails to comply with the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than three hundred dollars or by imprisonment for not more than sixty days or by both fine and imprisonment in the discretion of the court. Every instance in which the required security devices are not provided as required under items (1) and (2) of subsection (A) constitutes a separate offense under this section for the purposes of prosecution and conviction.

SECTION 2. This act takes effect one hundred eighty days after approval by the Governor./

Amend title to conform.

Rep. DAVENPORT explained the amendment.

The amendment was then adopted.

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

S. 1125--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1125 -- Senator Drummond: A BILL TO AMEND ARTICLE 21, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATELY-OWNED SHOOTING PRESERVES, SO AS TO CHANGE LICENSING, REGULATORY, AND PUNISHMENT PROVISIONS; AND TO AMEND ACT 446 OF 1980, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, BY DELETING THE SECTION WHICH STATES THAT THE ACT DOES NOT APPLY TO LICENSED SHOOTING PRESERVES.

Rep. McTEER proposed the following Amendment No. 1, which was adopted.

Amend as and if amended, by adding:

Section 50-11-3320. No new preserve may be licensed by the Department without the approval of the majority of the legislative delegation of the county in which such preserve is to be located.

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

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

H. 4057--INTERRUPTED DEBATE

The following Bill was taken up.

H. 4057 -- Rep. Huff: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE DRIVERS LICENSE, BY ADDING ARTICLE 11 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF PERSONS CONVICTED OF VIOLATING THE PROVISIONS OF SECTION 61-9-50, GIVING FALSE INFORMATION AS TO AGE TO PURCHASE BEER OR WINE, SECTION 61-9-60, BUYING BEER OR WINE ON LICENSED PREMISES TO GIVE IT TO A PERSON WHO CANNOT LAWFULLY CONSUME IT ON THE PREMISES, SECTION 61-9-61, TRANSFERRING OR GIVING BEER OR WINE TO A PERSON UNDER AGE TWENTY-ONE, SECTION 20-7-370, UNDER AGE POSSESSION OF BEER OR WINE, AND SECTION 20-7-380, UNDER AGE POSSESSION OF ALCOHOLIC LIQUORS, TO PROVIDE THAT THE SUSPENSION IS FOR A PERIOD OF NINETY DAYS FOR A FIRST OFFENSE, SIX MONTHS FOR A SECOND OFFENSE, AND ONE YEAR FOR A THIRD OR SUBSEQUENT OFFENSE, TO PROVIDE THAT A VIOLATION OF ANY OF THE ENUMERATED OFFENSES IS CONSIDERED A PRIOR OFFENSE FOLLOWING CONVICTION OF ANY OF THE OTHER ENUMERATED OFFENSES, AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-837 SO AS TO REQUIRE CONVICTIONS OF THE ENUMERATED OFFENSES TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3673J).

Amend the bill, as and if amended, by striking Section 56-1-1910(B) as contained in SECTION 1 and inserting:

/(B) For the purposes of determining prior offenses, a conviction of any of the offenses enumerated in subsection (A) within ten years of the date of the violation is considered a prior offense./

Amend title to conform.

Rep. HUFF explained the amendment.

Further proceedings were interrupted by the Joint Assembly the pending question being consideration of Amendment No. 1, Rep. HUFF having the floor.

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 CHARLES L. MASSEY,
PRESIDENT OF THE MARCH OF DIMES FOUNDATION

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

S. 1465 -- Senators Thomas E. Smith, Jr. and Courson: A CONCURRENT RESOLUTION DESIGNATING WEDNESDAY, MAY 11, 1988, AS MARCH OF DIMES CAPITOL CITY DAY IN CELEBRATION OF THE FIFTIETH ANNIVERSARY OF THE MARCH OF DIMES AND INVITING MR. CHARLES L. MASSEY, PRESIDENT OF THE MARCH OF DIMES FOUNDATION, TO ADDRESS THE MEMBERS OF THE GENERAL ASSEMBLY, ON WEDNESDAY, MAY 11, 1988, IN A BRIEF ASSEMBLY AT 12:00 NOON IN THE HALL OF THE HOUSE OF REPRESENTATIVES.

Mr. Charles L. Massey, President of the March of Dimes Foundation and distinguished party were escorted to the rostrum by Senators Courson, Lourie and Williams and Reps. McTEER and K. BAILEY.

The PRESIDENT of the Senate recognized Mr. Lawrence Gressette who introduced the honored guest as follows:

Mr. Lawrence Gressette:

"Lieutenant Governor Theodore, Mr. Speaker, distinguished ladies and gentlemen...It is indeed a pleasure to be here today. Before I introduce our speaker, I'd like to recognize several people who are at the podium today. First of all, a lady who needs no introduction, but I'd like to present to you, South Carolina's First Lady, Mrs. Iris Campbell, who is chairperson of the State Capital Day 50th Anniversary. I would also like to recognize at this time the 1988 March of Dimes State Ambassador, five year old Amy Beach of North Charleston, who is with us today down front and her parents, Ed and Karen Beach. Also, Mr. Jim Burwell, who is chairman of the South Carolina Chapter of the March of Dimes. It is indeed a pleasure today to have with us Mr. Charles L. Massey who is president of the March of Dimes Birth Defects Foundation of White Plains, New York. Mr. Massey has been president since 1978, and as CEO, his primary responsibilities are for the direction and management of all March of Dimes programs, as well as their administration by headquarters staff and chapters serving in every state across the country. Since joining the association, or the foundation, in 1948, Mr. Massey has served the March of Dimes in every key administrative position. He helped develop nationwide programs to test and administer the Salk Vaccine Program. He is a member of the Board of Trustees of the Salk Institute. Join me, will you, in welcoming to the podium, Mr. Charles L. Massey, President of the March of Dimes Birth Defects Foundation."

Mr. Charles L. Massey:

"Thank you very much, Mr. Gressette, and I thank each and everyone of you for this opportunity to not give you an address, as you have just heard that I might do, because I know that's not the appropriate thing to do with a body as busy as this, and with all of the excitement that I had to encounter coming in here, I know that you have other things to do besides listen to an address. Besides that, the mission of the March of Dimes is so well represented by this body and by the people in this state, that it almost would be, if I were to try to give you an address about the March of Dimes and its missions, it would almost be, as they say, like preaching to the choir and I don't want to do that. I want to take this opportunity to thank you, because on this 50th Anniversary of the March of Dimes, we are celebrating some real successes in prevention. In the first ten years of our mission, we conquered polio. We came up with the Salk vaccine and eliminated paralytic polio from this country. The last three decades we have been involved in preventing birth defects and that's a different kettle of fish, as I'm sure most of you know. We cannot, as one organization, accomplish our mission alone. We have to reach out and get the help of everybody. We have never had more help than we have received here in South Carolina. The Southern Governors initiative really began right here a number of years ago and we've been very proud to be associated with that. This has led, not only to the southern governors throughout all of the southern states, but every governor and every legislature in this country, this year, is coming together to help us commemorate our success in preventing birth defects, success that you are very familiar with here. As most of you know, the problem of birth defects is related to infant mortality and low birth rates. In this state each year, you have some 50,000 babies born. There is some ten percent of those babies are born with extremely low birth weights, which puts them at risk of birth defects and other handicaps. You also have, in this state, about 14 out of each 1,000 babies to die. That only illustrates the enormity of our problem because the Surgeon General of this country has set a goal of reducing those rates to 9 per 1,000 by 1990, so you've all got a lot of work to do and you've all done a lot of work. The people you are helping, of course, cannot really thank you because they are not born yet. So you won't be thanked for what you're doing, but someday we'll have a better country and a healthier country because of your efforts. So I guess I'm here, not only to thank you on behalf of the March of Dimes, but to thank you on behalf of all those people yet to be born who can't thank you. So, thank you very much."

Upon conclusion of his address, Mr. Charles L. Massey and his escort party retired from the Chamber.

ELECTION OF MEMBERS OF THE
OLD EXCHANGE BUILDING COMMISSION

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

S. 1489 -- Senator Applegate: A CONCURRENT RESOLUTION TO FIX TWELVE O'CLOCK NOON ON WEDNESDAY, MAY 11, 1988, IMMEDIATELY FOLLOWING CELEBRATION OF THE FIFTIETH ANNIVERSARY OF THE MARCH OF DIMES AS THE TIME TO FILL THE SEATS ON THE OLD EXCHANGE BUILDING COMMISSION, THE TERMS FOR WHICH EXPIRE IN 1988.

The PRESIDENT announced that nominations were in order for members of the Old Exchange Building Commission.

Senator Williams nominated Mr. Julian V. Brandt, III of Charleston, Mr. Sherman F. Smith of Sumter, and Mrs. Louise Burgdorf of Springfield.

On motion of Rep. FELDER nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the PRESIDENT announced that Mr. Julian V. Brandt, III, Mr. Sherman F. Smith and Mrs. Louise Burgdorf were duly elected for the term prescribed by law.

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 12:15 P.M. the House resumed, the SPEAKER in the Chair.

Rep. KIRSH moved that the House do now adjourn.

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

The motion to adjourn was agreed to by a division vote of 45 to 37.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4251 -- Rep. J. Brown: A CONCURRENT RESOLUTION COMMEMORATING THE SIXTH REUNION OF THE FIELDS FAMILY, AND WELCOMING ALL THE MEMBERS OF THIS WONDERFUL FAMILY TO THE CAPITAL CITY OF THIS STATE FOR THEIR REUNION BEGINNING JULY 29, 1988.

ADJOURNMENT

At 12:20 P.M. the House in accordance with the motion of Rep. KIRSH adjourned to meet at 10:00 A.M. tomorrow.

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