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

TUESDAY, FEBRUARY 11, 1986

Tuesday, February 11, 1986
(Statewide Session)

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:

Give us the ability, O Lord, to hear with patience all who would have us give them an audience.

All sorts of people come: angry, frustrated, worried, presumptuous, impatient, overbearing, and even some that we wish had not come. But there are others who are appreciative, considerate, concerned, charitable, courteous, patient.

Enable us, we pray, to hear them all with understanding, and help us to speak to everyone as we would have them speak to us.

Give us the spirit of our Heavenly Father Who sees good in all people. Amen.

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

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

COMMUNICATION

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

February 6, 1986
The Honorable Lois Shealy
Clerk of the House
Box 11867
Columbia, SC 29211

Dear Lois:

On behalf of all the Riley family, I want to thank the General Assembly for its concurrent resolution of sympathy on the death of my Mother, Martha Dixon Riley.

This lovely and thoughtful gesture was a tremendous source of comfort to us all in very difficult time. We will keep it always as a very special remembrance of Mother and as a token of friendship from each of you.

With kindest regards, I am

Yours sincerely,
Richard W. Riley

Received as information.

RULES AND REGULATIONS WITHDRAWN

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 6, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 543)

Dear Mrs. Shealy:

The South Carolina Board of Veterinary Medical Examiners is hereby withdrawing regulations pertaining to veterinary practice, Document Number 543, effective February 5, 1986.

These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 6, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 571)

Dear Mrs. Shealy:

The South Carolina Department of Health and Environmental Control is hereby withdrawing regulations pertaining to Procedure for Contested Cases, effective February 4, 1986.

These regulations have been referred to the Judiciary Committee.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

RULES AND REGULATIONS RECEIVED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 6, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 687)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 6, 1986 regulations concerning Election procedures for the State Board of Medical Examiners and the Medical Disciplinary Commission from the State Board of Medical Examiners of South Carolina.

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

Sincerely,
Ramon Schwartz, Jr.

Received as information.

APPOINTMENT CONFIRMED

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

February 6, 1986

Speaker Schwartz and Members of the House:

I am transmitting herewith an appointment for confirmation.

This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
Richard W. Riley

COUNTY APPOINTMENT

Appointment, Master-in-Equity, Aiken County, to fill the unexpired portion of term to expire June 30, 1989:

Mr. Robert A. Smoak, Jr., 218 Union St., SE, Aiken, SC 29801 VICE Mr. F. Alex Beasley (resigned)

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

H. 2787--POINT OF ORDER

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

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

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 2279--POINT OF ORDER

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

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

POINT OF ORDER

Rep. BLANDING made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 2119--POINT OF ORDER

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

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

POINT OF ORDER

Rep. ELLIOTT made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

REPORTS OF STANDING COMMITTEES

Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

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

H. 3181 -- Rep. Blackwell: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION, SO AS TO PROVIDE THAT THE DATE FOR FILING APPLICATION FOR THE EXEMPTION BE MADE BY JULY FIFTEENTH INSTEAD OF BY MAY FIRST, BEGINNING WITH THE 1987 TAX YEAR.

Ordered for consideration tomorrow.

Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

REGULATIONS NO. 625 and 626
RECALLED AND REFERRED TO THE COMMITTEE
ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. McABEE, with unanimous consent, Regulations No. 625 and 626 were recalled from the Committee on Ways and Means and were referred to the Committee on Labor, Commerce and Industry.

H. 3448--DEBATE ADJOURNED

The following was introduced:

H. 3448 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3310, RELATING TO ELECTION OF THE MEMBERS OF THE BOARD OF EDUCATION FOR BEAUFORT COUNTY, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER CONSIDERATION OF H. 2287 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3310 UNTIL SECOND READING OR IT IS OTHERWISE DISPOSED OF.

Be it resolved by the House of Representatives:

That H. 3310 be set by special order for second reading or other consideration immediately following the second reading or other consideration of H. 2287 and this special order consideration shall continue each legislative day thereafter immediately following the call of the uncontested calendar until H. 3310 is given second reading or it is otherwise disposed of.

Rep. TOAL moved to adjourn debate upon the Resolution, which was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3449 -- Reps. Harvin, T.M. Burriss, W. Arthur, Sturkie and Washington: A HOUSE RESOLUTION TO SET S. 344, RELATING TO LENGTHS AND WIDTHS OF VEHICLES AND COMBINATIONS OF VEHICLES, FOR SPECIAL ORDER AFTER SPECIAL ORDER CONSIDERATION OF H. 2287.

The Resolution was ordered referred to the Committee on Rules.

CONCURRENT RESOLUTION

The following was introduced:

H. 3450 -- Rep. Thrailkill: A CONCURRENT RESOLUTION COMMENDING MAYOR H. BLUE HUCKABEE OF THE TOWN OF SURFSIDE BEACH IN HORRY COUNTY FOR BEING CHOSEN THE "SOUTH STRAND SERTOMA CLUB MAN OF THE YEAR FOR 1985".

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

CONCURRENT RESOLUTION

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

H. 3451 -- Reps. Alexander, Blackwell, P. Bradley, Brett, Fair, Marchant, Mattos, L. Phillips, Rice, Rigdon, Shelton and Wilkins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF U. S. HIGHWAY 25 IN GREENVILLE COUNTY THE "BEATTIE E. HUFF HIGHWAY".

Whereas, Beattie Huff has served Greenville County and the State of South Carolina diligently and unselfishly for twenty-four years of continuous service; and

Whereas, the popular Mr. Huff served in the House of Representatives from 1961 through 1984 and performed numerous meaningful services for the citizens of his district, county, and State; and

Whereas, the members of the General Assembly believe that his distinguished public service should be recognized in the form of a lasting memorial. Now, therefore,

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

That the Department of Highways and Public Transportation is requested to name that portion of U. S. Highway 25 from its intersection with Saluda Dam Road to its intersection with U. S. Highway 276, a distance of six miles, the "Beattie E. Huff Highway".

Be it further resolved that the Department of Highways and Public Transportation is requested to erect appropriate markers with the following inscribed on the markers: "Beattie E. Huff Highway".

Be it further resolved that a copy of this resolution be forwarded to the Commissioner of the department of Highways and Public Transportation.

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

CONCURRENT RESOLUTION

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

S. 969 -- Senator Waddell: A CONCURRENT RESOLUTION TO REQUEST THE STATE BUDGET AND CONTROL BOARD TO APPROVE THE TOTAL NUMBER OF FULL-TIME EQUIVALENT POSITIONS FOR WHICH APPROPRIATIONS WERE MADE BY THE GENERAL ASSEMBLY IN THE 1985-86 APPROPRIATIONS ACT.

Whereas, The General Assembly made appropriations for two hundred seventy-nine and twenty-one hundredths full-time equivalent positions in the 1985-86 Appropriations Act; and

Whereas, the total number of positions include eighty-nine and four hundredths state positions, five and seventeen hundredths federal positions, and one hundred eighty-five other positions. Now, therefore,

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

That the State Budget and Control Board is requested to approve the total number of full-time equivalent positions for which appropriations were made by the General Assembly in the 1985-86 Appropriations Act.

Be it further resolved that a copy of this resolution be forwarded to the members of the Budget and Control Board.

Rep. P. HARRIS explained the Resolution.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3452 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. C. C. CAULK OF MARLBORO COUNTY UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3453 -- Rep. J.W. Johnson: A CONCURRENT RESOLUTION CONGRATULATING COACH KEITH RICHARDSON AND THE FOOTBALL TEAM OF CLINTON HIGH SCHOOL OF LAURENS COUNTY UPON WINNING THE 1985 AAA STATE CHAMPIONSHIP.

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

HOUSE RESOLUTION

The following was introduced:

H. 3468 -- Ethics Committee: A HOUSE RESOLUTION TO RECOGNIZE THE STATE ETHICS COMMISSION ON THE OCCASION OF ITS TENTH ANNIVERSARY AND TO COMMEND THE COMMISSION FOR THE INVALUABLE AND IMPORTANT SERVICE IT HAS PERFORMED DURING THE PAST DECADE.

Whereas, on May 29, 1975, the General Assembly enacted legislation entitled the State Ethics Act; and

Whereas, the State Ethics Act created the State Ethics Commission, an agency of the State of South Carolina with responsibility for implementation, administration, and enforcement of certain aspects of the State Ethics Act; and

Whereas, the State Ethics Commission organized and began operations on February 20, 1976; and

Whereas, since February 1976, the members and staff of the State Ethics Commission have devoted considerable time and effort in carrying out the legislative mandate to restore public confidence in public office through implementation, administration, and enforcement of the State Ethics Act; and

Whereas, the State Ethics Commission has rendered five hundred seventy-four advisory opinions, taken action on two hundred eighty-eight complaints, and annually received an average of approximately ten thousand Statements of Economic Interest and Campaign Disclosure Forms; and

Whereas, public office is a trust granted by the citizens of the State of South Carolina; and

Whereas, the members and staff of the State Ethics Commission serve the public to preserve the dignity of the institution of public service. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the General Assembly of the State of South Carolina, by this resolution, recognize the State Ethics Commission on the occasion of its tenth anniversary and commend the Commission for the invaluable and important service it has performed during the past decade.

Be it further resolved that a copy of this resolution be forwarded to each member and employee of the State Ethics Commission.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3469 -- Reps. Townsend, Cooper, Kay, Chamblee, P. Harris, Tucker, Carnell, McAbee and J.C. Johnson: A CONCURRENT RESOLUTION COMMENDING AND CONGRATULATING THE MEN AND WOMEN OF COMPANIES A AND C, AND HEADQUARTERS AND HEADQUARTERS COMPANY, 111TH SIGNAL BATTALION, SOUTH CAROLINA ARMY NATIONAL GUARD, FOR DISTINGUISHING THEMSELVES AND BRINGING GREAT HONOR UPON OUR STATE BY RECEIVING THE HIGHEST SIGNAL SYSTEMS EFFICIENCY RATING OF ALL OF THE MILITARY UNITS INVOLVED IN THE UNITED STATES MILITARY TRAINING EXERCISE KNOWN AS REFORGER (RETURN OF FORCES TO GERMANY), THE LARGEST JOINT CHIEFS OF STAFF ANNUAL MILITARY EXERCISE.

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 11, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it requests the return of:

S. 898 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL AREAS FOR SHRIMP TRAWLING, SO AS TO REVISE AND CLARIFY THE BOUNDARIES AT THE MOUTH OF CALIBOGUE, PORT ROYAL, AND ST. HELENA SOUNDS.
Very respectfully,
President

No. 13

S. 898--RETURNED TO THE SENATE

On motion of Rep. KLAPMAN, the Bill was ordered returned to the Senate.

INTRODUCTION OF BILLS

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

H. 3454 -- Reps. Mattos, P. Bradley, L. Phillips, Cooper, Petty, Blackwell, Moss, Brett, Rice, Fair, Shelton, Wilkins, G. Bailey, Hawkins and Griffin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXES, SO AS TO EXTEND THE EXEMPTION ALLOWED ON A MOTOR VEHICLE OWNED BY A DISABLED VETERAN TO A LEASED MOTOR VEHICLE.

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

H. 3455 -- Reps. Washington, Holt, J. Bradley, P. Bradley, Winstead, D. Martin, Dangerfield and Foxworth: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5 OF ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE MERGER OF PARTS OF COUNTIES WITH ADJOINING COUNTIES, SO AS TO INCREASE FROM TEN PERCENT TO A MAJORITY OF THE REGISTERED VOTERS IN AN AREA WHO ARE REQUIRED TO SIGN A PETITION TO INITIATE AN ELECTION TO MERGE A PORTION OF A COUNTY WITH ANOTHER; AND TO ADD THE REQUIREMENT THAT A MAJORITY OF THE ELECTORS IN THE COUNTY FROM WHICH THE TERRITORY IS PROPOSED TO BE ANNEXED MUST APPROVE THE MERGER.

Referred to Committee on Judiciary.

H. 3456 -- Reps. Harvin, Kay, O. Phillips, Foxworth, Day, H. Brown, Fair, Lake and Russell: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 14 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR ACTIVE MEMBERS OF THE UNITED STATES AIR FORCE RESERVE, UNITED STATES ARMY RESERVE, UNITED STATES COAST GUARD RESERVE, UNITED STATES MARINE CORPS RESERVE, OR UNITED STATES NAVY RESERVE, INCLUDING PROVISIONS FOR A FEE AND FOR CRIMINAL PENALTIES.

Referred to Committee on Education and Public Works.

H. 3457 -- Rep. McAbee: A BILL TO AMEND SECTION 10, PART II, ACT 201 OF 1985, RELATING TO THE AUTHORIZATION OF A STATE AGENCY TO PAY A NEW EMPLOYEE'S MOVING EXPENSES, SO AS TO REQUIRE THE EMPLOYEE'S PLACE OF RESIDENCE TO BE LOCATED FIFTY MILES OR MORE FROM THE AGENCY INSTEAD OF OUTSIDE THE STATE.

Referred to Committee on Ways and Means.

H. 3458 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-29-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW, SO AS TO FURTHER PROVIDE FOR THE PROHIBITION AGAINST A LICENSEE INDUCING A PERSON TO SPLIT A LOAN IN ORDER FOR THE LICENSEE TO OBTAIN A HIGHER RATE OF INTEREST, AND TO AMEND CHAPTER 9, TITLE 37 OF THE 1976 CODE RELATING TO THE CONSUMER PROTECTION CODE BY ADDING SECTION 37-9-103 SO AS TO PROVIDE THAT CERTAIN SUBSIDIARIES OF THE SAME PARENT CORPORATION ARE NOT CONSIDERED RELATED PERSONS FOR PURPOSES OF THE REQUIREMENT THAT ALL RELATED PERSONS MAKING SUPERVISED CONSUMER LOANS MUST ELECT TO BE LICENSED UNDER THE SAME PROVISIONS OF LAW AND TO AUTHORIZE THE REVOCATION OF THE LICENSE OF THESE SUBSIDIARIES FOR ENGAGING IN OR FOR FAILING TO TAKE CERTAIN ACTIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3459 -- Rep. J. Rogers: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF ANY PERSON TWENTY-FIVE YEARS OF AGE OR YOUNGER WHO HAS COMPLETED HIS SERVICE OF HIS SENTENCE FOR A SPECIFIED MISDEMEANOR OFFENSE IF THIS OFFENSE WAS HIS FIRST VIOLATION OF ANY CRIME.

Referred to Committee on Judiciary.

H. 3460 -- Rep. J. Rogers: A BILL TO AMEND SECTION 17-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT NO PERSON MAY BE PUNISHED FOR A CRIMINAL OFFENSE UNLESS LEGALLY CONVICTED BY A COURT HAVING JURISDICTION OF THE CRIME AND THE PERSON, SO AS TO PROVIDE THAT WHEN A GUILTY PLEA IS TAKEN, A DEFENDANT IS ENTITLED TO BE ADDRESSED PERSONALLY AND SENTENCED INDIVIDUALLY BASED ON THE FACTS AND CIRCUMSTANCES OF HIS CASE.

Referred to Committee on Judiciary.

H. 3461 -- Reps. Thrailkill and Pearce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF KERSHAW TRADING COMPANY, INC.

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

H. 3462 -- Reps. Moss, Day and Hearn: A BILL TO AMEND ACT 462 OF 1978, AS AMENDED, RELATING TO PARKING FOR HANDICAPPED PERSONS SO AS TO PROVIDE THAT MEMBERS OF THE STATE HIGHWAY PATROL MAY MAKE ARRESTS FOR VIOLATIONS OF THE ACT WHEREVER THEY OCCUR.

Referred to Committee on Education and Public Works.

H. 3463 -- Reps. Sheheen, Mangum, Wilkins, Gordon, White, Gregory and Kirsh: A BILL TO REGULATE THE PRACTICE OF HAIRCARE IN SOUTH CAROLINA, TO CREATE THE STATE BOARD OF HAIRCARE, TO PROVIDE FOR THE EXAMINATION AND LICENSURE OF HAIRCARE PRACTITIONERS, AND TO PROVIDE PENALTIES; AND TO AMEND ACT 608 OF 1978, AS AMENDED, RELATING TO THE PERIODIC REVIEW OF THE OPERATION OF STATE AGENCIES PRIOR TO TERMINATION OR REAUTHORIZATION SO AS TO ADD THE BOARD OF HAIRCARE.

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

H. 3464 -- Rep. Waldrop: A BILL TO AMEND ACT 111 OF 1977, AS AMENDED, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO DELETE THE PROVISIONS WHICH ALLOW THE EXEMPTING OF PERSONS ENGAGED IN AUCTIONEERING BUSINESSES ON MARCH 6, 1980, FROM HAVING TO BE LICENSED AS AN APPRENTICE BEFORE BEING LICENSED AS AN AUCTIONEER.

Referred to Committee on Labor, Commerce and Industry.

H. 3465 -- Rep. Waldrop: A BILL TO AMEND ACT 111 OF 1977, AS AMENDED, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO CHANGE THE METHOD OF SUBMITTING NOMINATIONS FOR APPOINTMENTS TO THE SOUTH CAROLINA AUCTIONEERS' COMMISSION.

Referred to Committee on Labor, Commerce and Industry.

H. 3466 -- Rep. Waldrop: A BILL TO AMEND ACT 111 OF 1977, AS AMENDED, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO AUTHORIZE THE SOUTH CAROLINA AUCTIONEERS' COMMISSION TO ISSUE REPRIMANDS FOR MISCONDUCT WHICH DOES NOT WARRANT SUSPENSION OR REVOCATION OF A LICENSE.

Referred to Committee on Labor, Commerce and Industry.

H. 3467 -- Rep. Waldrop: A BILL TO AMEND ACT 111 OF 1977, AS AMENDED, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT NO DISCIPLINARY ACTION MAY BE TAKEN AGAINST A LICENSEE OF THE SOUTH CAROLINA AUCTIONEERS' COMMISSION WITHOUT A PUBLIC HEARING.

Referred to Committee on Labor, Commerce and Industry.

H. 3470 -- Rep. Aydlette: A JOINT RESOLUTION TO PROVIDE FOR THE CLOSING OF A CERTAIN ROUTE IN CHARLESTON COUNTY TO VEHICULAR TRAFFIC ON OCTOBER 26, 1986, TO ENABLE THE ELKS BRIDG-ATHON ROAD RACE TO BE CONDUCTED.

Referred to Charleston Delegation.

S. 24 -- Senator Theodore: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 14 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR ACTIVE MEMBERS OF THE UNITED STATES MILITARY RESERVE, INCLUDING PROVISIONS FOR A FEE AND FOR CRIMINAL PENALTIES.

Referred to Committee on Education and Public Works.

S. 510 -- Senator Hayes: A BILL TO AMEND ACT 520 OF 1976, RELATING TO LEGISLATIVE MEMBERS OF STATE BOARDS AND COMMISSIONS, SO AS TO MAKE THE TERM OF LEGISLATIVE MEMBERS OF STATE BOARDS OR COMMISSIONS COTERMINOUS WITH THEIR TERM OF OFFICE IN THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.

S. 542 -- Senator Waddell: A BILL TO AMEND SECTION 50-13-1935, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR STOCKING OF FISH IN PRIVATE NONNAVIGABLE WATERS, SO AS TO PROVIDE THAT THE FEES MUST BE USED FOR THE CHERAW FISH HATCHERY PRIVATE POND FISH STOCKING PROGRAMS.

Referred to Committee on Agriculture and Natural Resources.

S. 731 -- Senator E. Patterson: A BILL TO AMEND SECTION 59-63-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINGERPRINTING OF PUBLIC SCHOOL STUDENTS, SO AS TO DELETE PROVISIONS RELATING TO SCHOOL BOARD CONTROL OF FINGERPRINT RECORDS.

Referred to Committee on Education and Public Works.

S. 810 -- Senator Waddell: A BILL TO VEST IN CLEMSON UNIVERSITY THE TITLE TO LANDS CONSTITUTING PORTIONS OF THE OLD PEE DEE EXPERIMENT STATION IN FLORENCE COUNTY PREVIOUSLY ACQUIRED BY THE STATE OF SOUTH CAROLINA FOR THE USE OF CLEMSON UNIVERSITY IN ITS AGRICULTURAL RESEARCH PROGRAM.

Referred to Committee on Ways and Means.

S. 814 -- Senator Holland: A BILL TO AMEND SECTION 16-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CARRYING PISTOLS, SO AS TO PROVIDE THAT MEMBERS OF EMERGENCY MEDICAL UNITS MAY BE ISSUED PERMITS TO CARRY PISTOLS.

Referred to Committee on Judiciary.

S. 899 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-1023 SO AS TO PROVIDE MINIMUM MESH SIZE REQUIREMENTS FOR CAST NETS.

Referred to Committee on Agriculture and Natural Resources.

S. 900 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-1021, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF SET OR CHANNEL NETS, SO AS TO STRICTLY PROHIBIT THEIR USE IN GAME ZONES NOS. 6 AND 11 AND TO RESTRICT THEIR USE IN GAMES ZONES NOS. 7 AND 9 TO TIMES SET BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT WITHOUT REGARD TO THE TIME OF YEAR, AND TO REPEAL SECTION 50-17-1616, RELATING TO USE OF CHANNEL OR SET NETS IN FISHING ZONES NOS. 2 AND 3.

Referred to Committee on Agriculture and Natural Resources.

S. 901 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEINES AND CHANNEL NETS, SO AS TO CHANGE THE MINIMUM MESH SIZE REQUIREMENT OF SEINES FOR TAKING SHRIMP AND PRAWN, TO ESTABLISH MESH SIZE LIMITS FOR ALL FIXED OR STATIONARY NETS, TO DELETE PROVISIONS RELATING TO CHANNEL AND SET NETS AND CATCHING FINFISH, AND TO PROVIDE THAT THE PENALTY PROVISIONS OF SECTION 50-17-1070 SHALL APPLY TO VIOLATIONS INSTEAD OF SECTION 50-17-130.

Referred to Committee on Agriculture and Natural Resources.

S. 903 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-1620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF SHRIMP BY CAST NET IN BAITED AREAS, SO AS TO PROVIDE THAT TAKING SHRIMP IN BAITED AREAS IS UNLAWFUL BY MEANS OF ANY DEVICE OTHER THAN A DROP NET OR LIFT NET, NOT TO EXCEED FOUR FEET IN WIDTH CONNECTED TO A PERMANENT STRUCTURE ON THE HIGHLAND AND TO PROVIDE FOR THE REMOVAL OF DEVICES TO MARK BAITED AREAS.

Referred to Committee on Agriculture and Natural Resources.

S. 910 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF KNOWINGLY PRESENTING FALSE CLAIMS TO AN INSURANCE COMPANY FOR PAYMENT, SO AS TO MAKE IT UNLAWFUL TO KNOWINGLY ASSIST OR CONSPIRE WITH ANOTHER TO PRESENT A FALSE CLAIM TO AN INSURANCE COMPANY FOR PAYMENT AND TO CHANGE THE PENALTY FROM A FINE OR IMPRISONMENT IN THE DISCRETION OF THE COURT TO IMPRISONMENT FOR NOT MORE THAN FIVE YEARS OR A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS, OR BOTH.

Referred to Committee on Labor, Commerce and Industry.

S. 955 -- Agriculture and Natural Resources Committee: A BILL TO AMEND ACT 649 OF 1976, AS AMENDED, RELATING TO THE BOLL WEEVIL ERADICATION PROGRAM, SO AS TO PROVIDE THAT EACH COMMERCIAL COTTON PRODUCER MUST BE ASSESSED AN ANNUAL FEE INSTEAD OF EACH COMMERCIAL APPLICATOR.

Referred to Committee on Agriculture and Natural Resources.

S. 956 -- Senators Waddell, Leatherman, Lourie and Theodore: A JOINT RESOLUTION EXEMPTING FROM THE DOCUMENTARY STAMP TAXES IMPOSED BY SECTIONS 12-21-370 AND 12-21-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, LEASES ENTERED INTO DURING 1985 IN SITUATIONS WHERE THE STATE OWNS REAL PROPERTY AND AUTHORIZES ANOTHER PERSON TO ERECT IMPROVEMENTS ON THE REAL PROPERTY.

Referred to Committee on Ways and Means.

S. 957 -- Senator Drummond: A BILL TO REPEAL ARTICLE 17 OF CHAPTER 13 OF TITLE 51 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HERITAGE WORLD EXPO AUTHORITY.

Referred to Committee on Labor, Commerce and Industry.

S. 967 -- Senator Long: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SURF-WINDS, INC. OF HORRY COUNTY.

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

S. 968 -- Senator Garrison: A BILL TO PROVIDE FOR AT-LARGE ELECTION OF THE NINE TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICT NUMBER 5 WITH RESIDENCY REQUIREMENTS FOR SEVEN OF THE TRUSTEES.

Referred to Anderson Delegation.

H. 3454--ORDERED TO BE READ
THE NEXT TWO SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. MATTOS, with unanimous consent, it was ordered that H. 3454 be read the second and third times the next two successive legislative days.

H. 3461--ORDERED TO BE READ
THE NEXT TWO SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. THRAILKILL, with unanimous consent, it was ordered that H. 3461 be read the second and third times the next two successive legislative days.

S. 967--ORDERED TO BE READ
THE NEXT TWO SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. ELLIOTT, with unanimous consent, it was ordered that S. 967 be read the second and third times the next two successive legislative days.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 11, 1986.

Robert O. Kay                     Alex Harvin, III
James E. Lockemy                  Sterling Anderson
Tom G. Woodruff, Jr.              Samuel R. Foster
Grady Brown                       Rick Rigdon
Jack Gregory                      Paul Short
Lewis Phillips
Total Present--113

LEAVES OF ABSENCE

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

The SPEAKER granted Reps. H. BROWN, DAVENPORT, J. HARRIS and EVATT a leave of absence for the day due to illness.

STATEMENT FOR JOURNAL

I respectfully request a leave of absence in order to join the United States Negotiating Team in Geneva for talks on the Multifibre Arrangement (MFA).

These talks are critical to the United States and South Carolina as the final decision will affect countless thousands of jobs in the textile-apparel industry.

Thomas M. Marchant III

LEAVE OF ABSENCE

The SPEAKER granted Rep. MARCHANT a leave of absence for the day.

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, February 11, 1986.

Larry E. Gentry

DOCTOR OF THE DAY

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

Rep. SIMPSON moved to waive Rule 6.1.

Rep. J. BRADLEY moved to table the motion and demanded the yeas and nays, which were ordered taken.

POINT OF ORDER

Rep. J. BRADLEY raised the Point of Order that it was now 12:30 p.m., and in accordance with Rule 6.1, the House was now in recess.

The SPEAKER sustained the Point of Order and stated the House was now in recess until 2:00 p.m.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3402 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DALE RENAUD, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 26, 1986.

H. 3450 -- Rep. Thrailkill: A CONCURRENT RESOLUTION COMMENDING MAYOR H. BLUE HUCKABEE OF THE TOWN OF SURFSIDE BEACH IN HORRY COUNTY FOR BEING CHOSEN THE "SOUTH STRAND SERTOMA CLUB MAN OF THE YEAR FOR 1985".

H. 3452 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. C. C. CAULK OF MARLBORO COUNTY UPON HIS DEATH.

H. 3453 -- Rep. J.W. Johnson: A CONCURRENT RESOLUTION CONGRATULATING COACH KEITH RICHARDSON AND THE FOOTBALL TEAM OF CLINTON HIGH SCHOOL OF LAURENS COUNTY UPON WINNING THE 1985 AAA STATE CHAMPIONSHIP.

H. 3469 -- Reps. Townsend, Cooper, Kay, Chamblee, P. Harris, Tucker, Carnell, McAbee and J.C. Johnson: A CONCURRENT RESOLUTION COMMENDING AND CONGRATULATING THE MEN AND WOMEN OF COMPANIES A AND C, AND HEADQUARTERS AND HEADQUARTERS COMPANY, 111TH SIGNAL BATTALION, SOUTH CAROLINA ARMY NATIONAL GUARD, FOR DISTINGUISHING THEMSELVES AND BRINGING GREAT HONOR UPON OUR STATE BY RECEIVING THE HIGHEST SIGNAL SYSTEMS EFFICIENCY RATING OF ALL OF THE MILITARY UNITS INVOLVED IN THE UNITED STATES MILITARY TRAINING EXERCISE KNOWN AS REFORGER (RETURN OF FORCES TO GERMANY), THE LARGEST JOINT CHIEFS OF STAFF ANNUAL MILITARY EXERCISE.

ADJOURNMENT

At 2:00 P.M. the House adjourned to meet at 2:00 P.M. tomorrow.

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