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

WEDNESDAY, FEBRUARY 4, 1987

Wednesday, February 4, 1987
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

O God our Father, be and abide with us throughout this day that we may be worthy of the high vocation to which we are called. May we so live as to bring help to others, credit to ourselves, honor to Your holy Name, and joy to those who have confidence in us. Keep us cheerful when things go wrong, persevering when things are difficult, serene when things are irritating. Enable us at all times to place on the altar of public service every talent we possess. And when the day ends, may there be less which needs forgiveness and more for which to be glad because we have been guided by Your truths.

In Your holy Name we pray. 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.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 4, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 284:
S. 284 -- Senator Shealy: A JOINT RESOLUTION CALLING FOR A SPECIAL ELECTION ON TUESDAY, FEBRUARY 24, 1987, TO FILL A VACANCY ON THE LEXINGTON COUNTY BOARD OF EDUCATION FROM SCHOOL DISTRICT THREE.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 2016 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO PROVIDE A PLAN FOR THE WRITING OF PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONALS LICENSED AND REGULATED BY THE STATE THROUGH A JOINT UNDERWRITING ASSOCIATION UPON A FINDING OF AN EMERGENCY BY THE INSURANCE COMMISSION BECAUSE THIS INSURANCE IS NOT AVAILABLE THROUGH NORMAL MEANS OR ON A REASONABLE BASIS TO PROFESSIONALS LICENSED AND REGULATED BY THE STATE.

Ordered for consideration tomorrow.

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

Rep. CORNING, for the minority, submitted an unfavorable report, on:

H. 2091 -- Rep. Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE FOR A TWENTY-FIVE PERCENT REDUCTION IN ANY POINTS ASSESSED FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS IF THE OFFENDER IS WEARING A SEAT BELT AT THE TIME OF THE VIOLATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-7-65 SO AS TO PROVIDE SPACE ON THE UNIFORM TRAFFIC TICKET TO NOTE IF THE OFFENDER WAS WEARING HIS SEAT BELT.

Ordered for consideration tomorrow.

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

H. 2093 -- Rep. Hayes: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 6 SO AS TO ABOLISH THE COMMON LAW RULE AGAINST PERPETUITIES AND REPLACE IT WITH A STATUTORY RULE AGAINST PERPETUITIES WHICH ADOPTS PROVISIONS WHICH PREVENT THE DEFEAT OF THE TRANSFEROR'S INTENT.

Ordered for consideration tomorrow.

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

H. 2214 -- Rep. J. Bradley: A BILL TO AMEND SECTION 29-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF LAUNDRIES, DRY CLEANING ESTABLISHMENTS, AND OTHER ESTABLISHMENTS ENGAGED IN THE CLEANING OR ALTERATION OF PERSONAL PROPERTY, SO AS TO DELETE THE REQUIREMENT THAT THE MAIL, REQUIRED TO BE SENT TO THE PERSON LEAVING THE PROPERTY AT THE ESTABLISHMENT BEFORE THE PROPERTY MAY BE SOLD, BE REGISTERED WITH RETURN RECEIPT REQUESTED.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

S. 76 -- Senator Williams: A BILL TO AMEND SECTION 16-3-1550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION; AND TO REPEAL CHAPTER 27 OF TITLE 24, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION.

Ordered for consideration tomorrow.

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

S. 266 -- Judiciary Committee: A BILL TO AMEND SECTION 15-78-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT SOVEREIGN IMMUNITY WILL NOT BAR RECOVERY IN CERTAIN CASES AND CAUSES OF ACTION REGARDLESS OF WHETHER OR NOT THE CASE WAS FILED ON OR BEFORE JULY 1, 1986, IF THE DEFENDANT MAINTAINED LIABILITY INSURANCE COVERAGE, AND TO PROVIDE THE LIMITS OF RECOVERY IN THE ABOVE CASES.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 352 -- Senator Saleeby: A CONCURRENT RESOLUTION TO CONGRATULATE MS. MARY DEMETRIOUS OF DARLINGTON COUNTY ON THE OCCASION OF HER BEING NAMED DARLINGTON CITIZEN OF THE YEAR BY THE DARLINGTON CHAMBER OF COMMERCE.

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. 353 -- Senator Saleeby: A CONCURRENT RESOLUTION TO CONGRATULATE WILSON CLINIC AND HOSPITAL OF DARLINGTON COUNTY ON THE OCCASION OF RECEIVING THE COMMUNITY PRIDE 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. 358 -- Senator Saleeby: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND CHARLES BERNARD PAGE, JR., OF DARLINGTON COUNTY, FOR RISKING HIS OWN LIFE TO SAVE THE LIFE OF A MOTORIST WHO WAS CLINGING TO HER CAR WHICH HAD VEERED INTO AN ICY LAKE TO AVOID AN ACCIDENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2393 -- Rep. M.O. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE THE FOUNTAIN INN ROTARY CLUB ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE CLUB AND ITS MEMBERSHIP FOR THEIR OUTSTANDING CONTRIBUTIONS TO THE COMMUNITY.

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

INTRODUCTION OF BILLS

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

H. 2382 -- Reps. Aydlette, Holt, Winstead and J. Bradley: A BILL TO AMEND SECTION 38-37-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RISK CLASSIFICATION PLANS, SO AS TO PROVIDE THAT NO AGE DISTINCTION MAY BE MADE BETWEEN THE SEXES IN RISK CLASSIFICATION PLANS.

Referred to Committee on Labor, Commerce and Industry.

H. 2383 -- Reps. Aydlette, Winstead and J. Bradley: 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.

Referred to Committee on Judiciary.

H. 2384 -- Reps. Aydlette, Holt, Winstead, Derrick and J. Bradley: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF VIOLENT CRIMES, SO AS TO ADD ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE AND ROBBERY WITH THE USE OF EXTREME PHYSICAL FORCE TO THE LIST OF VIOLENT CRIMES.

Referred to Committee on Judiciary.

H. 2385 -- Reps. Gregory, White and Short: A BILL TO REAUTHORIZE THE STATE BOARD OF NURSING FOR SIX YEARS; AND TO AMEND SECTION 40-33-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR AN APPLICANT TO BE A REGISTERED NURSE, SO AS TO DELETE FROM THE REQUIREMENTS THAT AN APPLICANT MUST BE IN GOOD PHYSICAL AND MENTAL HEALTH.

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

H. 2386 -- Reps. Waldrop, G. Bailey, H. Brown, Sturkie, T. Rogers, Kay, J. Brown, Gentry, McBride, L. Phillips, Wilder, Taylor, M.O. Alexander, Washington, Koon, Ogburn, Shelton, Fair, Klapman, Thrailkill, Hearn, Cooper, Townsend, J.C. Johnson, P. Bradley, Nesbitt, Barfield, Clyborne, Baker, Hodges and Snow: A BILL TO AMEND SECTION 61-13-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A MISDEMEANOR FOR ANYONE WHO REFUSES TO ALLOW FULL INSPECTION OF A PREMISES WHICH IS LICENSED TO SELL ALCOHOLIC LIQUORS OR BEER OR WINE UPON DEMAND OF ANY OFFICER OR AGENT OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO AUTHORIZE ANY LAW ENFORCEMENT OFFICER TO INSPECT THESE PREMISES.

Referred to Committee on Judiciary.

H. 2387 -- Reps. McGinnis, G. Bailey, Hawkins, Beasley, Neilson, Nesbitt, Petty, Wells, Blackwell, O. Phillips, Day, Arthur, Kirsh, Shelton, Mattos, Hodges, J. Harris, P. Bradley, T.C. Alexander, Williams, McTeer, McCain, Whipper, E.B. McLeod, Klapman, Kay, Chamblee, Huff, K. Bailey, Cork, J.C. Johnson, Cooper, Barfield, Tucker, Gordon, Hearn, Waldrop, Winstead, Limehouse, Rhoad, Haskins, Gregory, Faber, McBride and Sturkie: A BILL TO AMEND SECTION 50-9-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE HUNTING AND FISHING LICENSES FOR TOTALLY AND PERMANENTLY DISABLED RESIDENTS, SO AS TO PROVIDE THAT THEY MAY SECURE FREE BIG-GAME PERMITS AND TO REPEAL SECTION 50-9-840 WHICH DUPLICATES THE PROVISIONS OF SECTION 50-9-260.

Rep. McGINNIS asked unanimous consent to have the Bill placed on the Calendar without reference.

POINT OF ORDER

Rep. MCTEER raised the Point of Order that there was no Fiscal Impact Statement attached to the Bill as required by Rule 5.13.

The SPEAKER stated that a Fiscal Impact Statement was required of Bills affecting taxes or expenditures of state monies prior to second reading, but as the only fiscal matter referred to in the Bill was that of license fees, no Fiscal Impact Statement was required, and he overruled the Point of Order.

Rep. FOXWORTH objected.

Referred to Committee on Agriculture and Natural Resources.

H. 2388 -- Reps. Pearce, Huff, Winstead, Whipper, Sturkie, Cooper, Holt, Taylor, J. Brown, White, Dangerfield, D. Martin, E.B. McLeod, Blanding, Chamblee, J.C. Johnson, K. Bailey and Barfield: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTIONS 2 AND 8 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE BRANCH OF GOVERNMENT, SO AS TO PROVIDE THAT MEMBERS OF THE HOUSE OF REPRESENTATIVES MUST BE ELECTED FOR TERMS OF FOUR INSTEAD OF TWO YEARS BEGINNING WITH THOSE MEMBERS ELECTED IN THE 1990 GENERAL ELECTION.

Rep. PEARCE asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.

Rep. LOCKEMY objected.

Referred to Committee on Judiciary.

H. 2389 -- Rep. Pearce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-357 SO AS TO MAKE IT A MISDEMEANOR TO HUNT DEER WITHOUT WEARING A COAT OF A DISTINCTIVE, SOLID ORANGE COLOR, PROVIDE PENALTIES, AND REQUIRE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS.

Referred to Committee on Agriculture and Natural Resources.

H. 2390 -- Reps. Pearce, Keyserling, Townsend, Neilson, Taylor, Washington, K. Bailey, McElveen, Kay, Holt, D. Martin, Whipper, Simpson, Moss, Gregory, Cooper, Barfield, Snow and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-31-35 SO AS TO LIMIT THE ANNUAL RATE OF INTEREST WHICH MAY BE IMPOSED ON UNPAID CREDIT CARD OR CHARGE CARD BALANCES TO FIFTEEN PERCENT OR FIVE PERCENT ABOVE THE PRIME RATE, WHICHEVER IS LESS.

Referred to Committee on Labor, Commerce and Industry.

H. 2391 -- Reps. Pearce, Thrailkill, Washington, Harvin and Whipper: A BILL TO REPEAL ITEM (34) OF SECTION 12-35-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE SALES TAX OF THE GROSS PROCEEDS FROM THE SALE OR RESALE OF ANY VACATION TIME SHARING LEASE PLAN AS PROVIDED BY CHAPTER 32 OF TITLE 27.

Referred to Committee on Labor, Commerce and Industry.

H. 2392 -- Rep. J. Rogers: A BILL TO AMEND SECTION 44-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO ADD TO THE BOARD THE CHAIRMAN OF THE HOUSE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE, OR HIS DESIGNEE, AND THE CHAIRMAN OF THE SENATE MEDICAL AFFAIRS COMMITTEE, OR HIS DESIGNEE.

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

H. 2394 -- Rep. Ferguson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 26 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO REQUIRE THAT MAGISTRATES BE ATTORNEYS AT LAW.

Referred to Committee on Judiciary.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 4, 1987.

Thomas N. Rhoad                   Jarvis R. Klapman
L. Edward Bennett                 Lenoir Sturkie
Larry E. Gentry                   Olin R. Phillips

Total Present--120

STATEMENT OF ATTENDANCE

Rep. EDWARDS 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, February 3, 1987.

STATEMENT OF ATTENDANCE

Rep. ROBERT O. KAY 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, February 3, 1987.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WHITE a leave of absence for the day due to illness.

DOCTOR OF THE DAY

Announcement was made that Benjamin Nicholson of Edgefield 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. 2158 -- Reps. Mattos, Davenport, Clyborne, Carnell, Kirsh, Shelton, Foxworth, Elliott, Mappus, Rice, P. Bradley, McElveen, T.M. Burriss, E.B. McLeod, Blackwell and M.O. Alexander: A BILL TO AMEND SECTION 34-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT INTENT IN DRAWING CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT SUBSEQUENT PERSONS RECEIVING A CHECK, DRAFT, OR OTHER WRITTEN ORDER BY ENDORSEMENT FROM THE ORIGINAL PAYEE OR A SUCCESSOR ENDORSEE HAVE THE SAME RIGHTS THAT THE ORIGINAL PAYEE HAS AGAINST THE MAKER OF THE INSTRUMENT.

H. 2191 -- Reps. Mattos, Foxworth, Harvin, Davenport, J. Brown, Clyborne, Kay, P. Harris, Shelton, Mappus, P. Bradley, J. Bradley, McEachin, Blackwell, Rice, M.O. Alexander and L. Phillips: A BILL TO PROVIDE THAT THE ENGLISH LANGUAGE IS THE OFFICIAL LANGUAGE OF THE STATE OF SOUTH CAROLINA, TO PROVIDE THAT NEITHER THIS STATE NOR ANY POLITICAL SUBDIVISION THEREOF MAY REQUIRE THE USE OF ANY LANGUAGE OTHER THAN ENGLISH, AND TO PROVIDE EXCEPTIONS.

H. 2323 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-82 SO AS TO PROVIDE FOR THE GOVERNING BODY OF ANY PUBLIC SERVICE DISTRICT TO TRANSFER ITS ASSETS AND PROPERTIES AND RESPONSIBILITIES FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER AND FOR THE DISSOLUTION OF THE DISTRICT UPON THE COMPLETION OF THE TRANSFER.

H. 2159 -- Reps. Hearn, Day, Moss, Limehouse, Wilkins, Haskins, Toal and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-27-15 SO AS TO PROVIDE INTERPRETERS FOR A DEAF PERSON WHO IS PARTY TO ANY LEGAL PROCEEDING OR A WITNESS THEREIN OR CONFINED TO ANY INSTITUTION.

H. 2345 -- Rep. Wilkins: A BILL TO AMEND SECTION 2-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO INCLUDE THE CHIEF JUDGE AND ASSOCIATE JUDGES OF THE COURT OF APPEALS ON THE DISTRIBUTION LIST; TO AMEND SECTION 11-25-640, RELATING TO PROVISIONS CONCERNING PERSONS ENTITLED TO RECEIVE COPIES OF THE ACTS AND JOINT RESOLUTIONS, SO AS TO PROVIDE THAT COPIES OF THE ACTS AND JOINT RESOLUTIONS BE DISTRIBUTED TO THE COURT OF APPEALS; AND TO AMEND SECTION 2-13-190 RELATING TO ADVANCE SHEETS, SO AS TO INCLUDE THE COURT OF APPEALS JUDGES AND THE CLERK OF THE COURT OF APPEALS ON THE LIST OF DISTRIBUTION.

H. 2209--OBJECTIONS

The following Joint Resolution was taken up.

H. 2209 -- Reps. Thrailkill, Corning, Rudnick, Altman, Cork, Evatt, Baker, Waldrop, Hendricks, Simpson, McEachin, Harvin, Tucker, Limehouse, McElveen, Sturkie, Baxley, Neilson, T.M. Burriss, Blackwell, Cooper, Pearce, R. Brown, Lockemy, Elliott, Taylor, Gentry, Sharpe, Stoddard, Aydlette, Winstead, Rice, E.B. McLeod, Lewis, T.C. Alexander, M.D. Burriss, Holt, Chamblee, Townsend, T. Rogers, K. Bailey, Foxworth, McTeer, Wells, Rhoad, Hodges, J. C. Johnson, Derrick, P. Bradley, Hearn, Beasley, G. Brown, J. Bradley, L. Phillips, McKay, Kay, Snow, Petty, J.W. McLeod, J.W. Johnson, Hawkins, Davenport, Ogburn, Toal, Whipper, Nettles, Day, Helmly, McCain, Kohn, Hayes, Barfield, Fair, M.O. Alexander, Wilkins, Haskins, Mattos, G. Bailey, Foster, Blanding, McBride, Russell, McGinnis, Jones, Kirsh, J. Rogers, H. Brown, McLellan, Gordon, Moss, O. Phillips, Arthur, J. H. Burriss, J. Harris and Clyborne: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF DENTISTRY.

Reps. BLANDING, WILLIAMS, SHELTON, J. BRADLEY and KEYSERLING objected to the Joint Resolution.

H. 2050--ORDERED TO THIRD READING

The following Bill was taken up.

H. 2050 -- Reps. Kirsh, Klapman, Holt and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-1-100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE OR ACT AS A CREWMEMBER OF ANY AIRCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO PROVIDE FOR BLOOD ALCOHOL TESTS AND IMPLIED CONSENT TO THE TESTS, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO DEFINE CREWMEMBER.

Rep. RUDNICK spoke in favor of the Bill.

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

H. 2324--OBJECTIONS

The following Bill was taken up.

H. 2324 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT A SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR PREGNANT AND BREASTFEEDING WOMEN, INFANTS, AND CHILDREN TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WHICH PROVIDES NUTRITIONAL EDUCATION AND SUPPLEMENTAL FOOD TO ELIGIBLE PERSONS AND TO PROVIDE A PENALTY FOR VIOLATION OF THE ARTICLE.

PARLIAMENTARY INQUIRY

Rep. AYDLETTE inquired of the Chair whether H. 2324 was not in reference to regulations which expired in July 1986, which were not passed due to Sine Die adjournment of 1986, and whether the Bill therefore would not be out of order.

The SPEAKER stated that those regulations had been withdrawn by the agency, and that the Bill was simply enabling legislation to authorize the agency to promulgate regulations, and was therefore in order.

Rep. DERRICK explained the Bill.

Rep J. BRADLEY proposed the following Amendment No. 1 which was tabled.

Amend as and if amended:

By deleting "Department of Health and Environmental Control" on lines 40 and 41 on page 1 and substituting in lieu thereof "Department of Social Services."

Amend to conform.

Rep. J. BRADLEY explained the amendment.

Rep. HAWKINS moved to table the amendment.

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

Yeas 62; Nays 38

Those who voted in the affirmative are:

Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Baxley
Boan                   Brown, H.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cooper
Cork                   Corning                Derrick
Edwards                Evatt                  Fair
Felder                 Ferguson               Foster
Gilbert                Gregory                Harris, J.
Harvin                 Haskins                Hawkins
Hayes                  Hearn                  Helmly
Hodges                 Huff                   Johnson, J.W.
Jones                  Keyserling             Kirsh
Klapman                Koon                   Lockemy
McAbee                 McCain                 McGinnis
McLeod, E.B.           Nesbitt                Petty
Rogers, T.             Rudnick                Russell
Sharpe                 Sheheen                Short
Stoddard               Sturkie                Thrailkill
Waldrop                Washington             Wells
Whipper                Williams

Total--62

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Barfield
Blackwell              Blanding               Bradley, J.
Bradley, P.            Brown, G.              Brown, J.
Brown, R.              Davenport              Day
Elliott                Faber                  Foxworth
Gordon                 Hendricks              Holt
Johnson, J.C.          Kay                    Kohn
Limehouse              Mappus                 Martin, D.
Martin, L.             McBride                McElveen
McLellan               McTeer                 Phillips, L.
Phillips, O.           Rice                   Shelton
Simpson                Taylor                 Townsend
Wilder                 Winstead

Total--38

So, the amendment was tabled.

Reps. McLELLAN, L. MARTIN, J. BRADLEY, KOHN, HOLT, BLANDING and FABER objected to the Bill.

SPEAKER'S STATEMENT

The SPEAKER stated, in reference to inquiries e previously raised by Reps. MCTEER and FELDER, that a questions would be allowed during the thirty-minute uncontested portion of the Calendar, but that a questions which were in reality debate on the bill would not be allowed, in accordance with Rule 6.3, 3 subsection 14.g.

H. 2325--DEBATE ADJOURNED

Rep. L. PHILLIPS moved to adjourn debate upon the following Joint Resolution until Wednesday, February 11, 1987, which was adopted.

H. 2325 -- Education and Public Works Committee: a JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO NOTIFICATION OF CANCELLATION OF INSURANCE POLICY; PROOF OF FINANCIAL RESPONSIBILITY FORMS; REPEAL 63-454 (FORMS), DESIGNATED AS REGULATION DOCUMENT NUMBER 754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 2121--OBJECTION, AMENDED AND ORDERED
TO THIRD READING

The following Bill was taken up.

H. 2121 -- Reps. Nettles and Washington: A BILL TO MAKE IT UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR RECKLESSLY ENGAGE IN ACTS WHICH MAY CAUSE PHYSICAL HARM FOR THE PURPOSE OF INITIATION INTO ANY FRATERNITY OR SORORITY IN CONNECTION WITH A SCHOOL, COLLEGE, OR UNIVERSITY; TO EXEMPT ATHLETIC EVENTS AND MILITARY TRAINING; TO AUTHORIZE THE EDUCATIONAL INSTITUTION TO EXPEL THE GUILTY STUDENT AND TO WITHDRAW RECOGNITION FROM THE ORGANIZATION; TO REQUIRE PRIOR APPROVAL FROM THE EDUCATIONAL INSTITUTION FOR ALL INITIATION ACTIVITIES; AND TO PROVIDE THAT IMPLIED OR EXPRESS CONSENT TO AN INITIATION ACTIVITY IS NOT A DEFENSE.

Rep. BLANDING objected to the Bill.

Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1633Y), which was adopted.

Amend the bill, as and if amended, Section 1, line 7 of the bill as introduced, by deleting the words /operating in connection with a school, college, or university/ so that when amended Section 1 shall read: /SECTION 1. It is unlawful for any person to intentionally or recklessly engage in acts which have a foreseeable potential for causing physical harm to any person for the purpose of initiation or admission into or affiliation with any fraternity, sorority, or other organization. This section does not include customary athletic events or similar contests or competitions, or military training./

Amend further, as and if amended, by deleting Sections 4 and 5.

Amend title to conform.

Rep. NETTLES explained the amendment.

The amendment was then adopted.

Reps. NETTLES and J. BRADLEY proposed the following Amendment No. 2 (Doc. No. 1710Y), which was adopted.

Amend the bill, as and if amended, Section 1, line 6 of the bill as introduced, by adding after the word /any/ and before the word /organization/ /chartered/.

Amend title to conform.

Rep. NETTLES explained the amendment.

The amendment was then adopted.

Reps. NETTLES and J. BRADLEY proposed the following Amendment No. 3 (Doc. No. 1713Y), which was adopted.

Amend the bill, as and if amended, Section 1, by adding at the end /whether State, Federal or educational/.

Amend title to conform.

Rep. NETTLES explained the amendment.

The amendment was then adopted.

Rep. WALDROP proposed the following Amendment No. 4 (Doc. No. 1788Y), which was adopted.

Amend the report of the Committee on Judiciary, as and if amended, by adding the following sentence immediately after /organization./ as contained on line 31 of page (A-1):

/Fraternity, sorority or other organization for purposes of this section means those chartered fraternities, sororities or other organizations operating in connection with a school, college, or university./

Amend title to conform.

Rep. WALDROP explained the amendment.

The amendment was then adopted.

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

STATEMENT FOR JOURNAL RE: H. 2121

As principle sponsor of H. 2121, the Anti-Hazing Bill, I would like the records of the House to reflect that it is not the interest of the General Assembly to prohibit or regulate in any way the military training which occurs at the Military College of S.C.

Rep. NETTLES

H. 2201--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2201 -- Reps. Tucker and Huff: A BILL TO AMEND SECTION 56-5-2945, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONY DUI, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1637Y), which was adopted.

Amend the bill, as and if amended, by striking Section 56-5-2945 of the 1976 Code, as contained in Section 1, and inserting:

/Section 56-5-2945. Any person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a vehicle and when driving does any act forbidden by law or neglects any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes great bodily injury or death to any person other than himself, is guilty of a felony and upon conviction must be punished:

(1) By by a mandatory fine of not less than five thousand dollars nor more than ten thousand dollars and mandatory imprisonment for not less than thirty days nor more than one year ten years when great bodily injury results.;

(2) By by a mandatory fine of not less than ten thousand dollars nor more than twenty-five thousand dollars and mandatory imprisonment for not less than one year nor more than fifteen twenty-five years when death results.

No part of the mandatory sentences required to be imposed by this section may be suspended, and probation may not be granted for any portion./

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. 2201--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. J.W. JOHNSON, with unanimous consent, it was ordered that H. 2201 be read the third time tomorrow.

ORDERED TO THIRD READING

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

H. 2358 -- Reps. Russell and Hawkins: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FRANCIS LEWIS FARMS AND TRUCKING, INC., IN SPARTANBURG COUNTY.

S. 318 -- Judiciary Committee: A BILL TO AMEND SECTION 33-9-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONVERTIBLE SECURITIES OF BUSINESS CORPORATIONS, SO AS TO DELETE THE PROVISION WHICH ALLOWS A CORPORATION TO ISSUE BONDS CONVERTIBLE INTO SHARES WITHIN SUCH PERIOD AND UPON SUCH CONDITIONS AS FIXED BY THE BOARD OF DIRECTORS ONLY IF THE ARTICLES OF INCORPORATION AUTHORIZE THE ISSUANCE.

Rep. TOAL explained the Bill.

S. 322 -- Senators Dennis, Waddell, Lindsay, Patterson, Lourie, Giese, Courson and Branton: A BILL TO AMEND SECTION 31-10-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWER OF A REDEVELOPMENT COMMISSION OF A MUNICIPALITY TO ISSUE AND SELL BONDS, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE YEARS THE MAXIMUM MATURITY TIME OF THE BONDS.

S. 318--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. TOAL, with unanimous consent, it was ordered that S. 318 be read the third time tomorrow.

S. 322--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that S. 322 be read the third time tomorrow.

H. 2326--ORDERED TO THIRD READING

Upon the withdrawal of objections by Reps. AYDLETTE and HOLT the following Joint Resolution was taken up.

H. 2326 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 731, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

INTRODUCTION OF BILL

On motion of Rep. EVATT, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:

H. 2395 -- Reps. Evatt, Beasley, Hayes and Huff: A BILL TO AMEND CHAPTER 1, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURTS BY ADDING SECTION 14-1-185 SO AS TO PROVIDE FOR EXPEDITED PROCEEDINGS IN CRIMINAL AND FAMILY COURT CASES INVOLVING A CHILD VICTIM; TO AMEND CHAPTER 1, TITLE 19, RELATING TO EVIDENCE BY ADDING SECTION 19-1-170 SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE THAT IS A MATERIAL ELEMENT TO CERTAIN CRIMES MAY BE ADMITTED INTO EVIDENCE UNDER CERTAIN CIRCUMSTANCES; TO AMEND CHAPTER 11, TITLE 19, RELATING TO COMPETENCY OF WITNESSES, BY ADDING SECTION 19-11-35 SO AS TO PROVIDE THAT EVERY CHILD IS COMPETENT TO BE A WITNESS IN ANY JUDICIAL PROCEEDING, AND BY ADDING SECTION 19-11-110 SO AS TO PERMIT THE TESTIMONY OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF AN UNLAWFUL SEXUAL OFFENSE BY CLOSED CIRCUIT TELEVISION UNDER CERTAIN CONDITIONS; TO AMEND CHAPTER 17, TITLE 19, RELATING TO EXAMINATION OF WITNESSES BY DEPOSITIONS BY ADDING SECTION 19-17-100 SO AS TO PERMIT THE TAKING OF A VIDEOTAPE DEPOSITION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF AN UNLAWFUL SEXUAL OFFENSE IN CERTAIN CASES, TO PROVIDE THE PROCEDURES TO BE USED IN THESE VIDEOTAPE DEPOSITIONS, AND TO AUTHORIZE THE ADMISSION INTO EVIDENCE OF THIS DEPOSITION AT TRIAL UNDER CERTAIN CONDITIONS.

Referred to Committee on Judiciary.

H. 2326--OBJECTION WITHDRAWN

Rep. WINSTEAD, with unanimous consent, withdrew his objection to H. 2326.

H. 2263--OBJECTION WITHDRAWN

Rep. P. BRADLEY, with unanimous consent, withdrew his objection to H. 2263 however, other objections remained upon the Bill.

CONCURRENT RESOLUTION

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

H. 2396 -- Reps. Rudnick, McBride, Blackwell, K. Bailey, Blanding, Cork, T. Rogers, Baker, J. Brown, Jones, Barfield, D. Martin, McAbee, J.C. Johnson, Altman, Hodges, Nettles, Williams, Nesbitt, Hayes, Kirsh, Koon, Elliott, Klapman, Toal, Taylor, Cooper, Foster, Harvin, Gordon, Limehouse, Keyserling, Derrick, Felder, C. Brown, Stoddard, Washington, Corning, Sturkie, M.D. Burriss, Chamblee, Hearn, T.M. Burriss, Aydlette and Rhoad: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR THE UPCOMING JAMIL SHRINE CIRCUS TO BE HELD ON FEBRUARY 13, 14, AND 15, 1987, AND TO THANK THE SHRINERS OF THE JAMIL TEMPLE FOR THEIR EFFORTS IN HELPING SICK AND NEEDY CHILDREN.

Whereas, the members of the General Assembly are pleased to learn that the Jamil Temple will again be promoting the Jamil Shrine Circus, "The Circus with a Purpose", on February 13, 14, and 15, 1987; and

Whereas, for the past ten years this group of dedicated Shriners has sponsored this outstanding circus and used the proceeds for projects benefiting mentally retarded, physically handicapped, abused and neglected, and seriously ill or injured children; and

Whereas, this year, in addition to the Royal Hanneford Circus, the Burnett Brothers Miniature Circus will also be on display free of charge which indicates that this year's show should be one of the best ever; and

Whereas, the members of the General Assembly, by this resolution, would like to lend their strong support to this fine endeavor and thank this group of dedicated Shriners for all they have done for the sick and needy children of South Carolina and surrounding areas. Now, therefore,

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

That the members of the General Assembly express their support for the upcoming Jamil Shrine Circus to be held on February 13, 14, and 15, 1987, and thank the Shriners of the Jamil Temple for their efforts in helping sick and needy children.

Be it further resolved that a copy of this resolution be forwarded to Jamil Shrine Temple.

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

INTRODUCTION OF BILLS

On motion of Rep. GREGORY, with unanimous consent, the following Bills were introduced, read the first time, and referred to appropriate committees:

H. 2397 -- Reps. Gregory and White: A BILL TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS; AMEND SECTION 40-47-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF PHYSICIANS' ASSISTANTS AT MEETINGS OF THE BOARD, SO AS TO DELETE THE PROVISION AUTHORIZING A REPRESENTATIVE OF THE SOUTH CAROLINA ACADEMY OF PHYSICIANS' ASSISTANTS TO ATTEND BOARD MEETINGS AND SPEAK TO MATTERS AFFECTING PHYSICIANS' ASSISTANTS AND PROVIDE THAT THE BOARD SHALL APPOINT A PHYSICIANS' ASSISTANTS' ADVISORY COMMITTEE, PROVIDE FOR ITS COMPOSITION, TERMS, AND POWERS, AND PROVIDE THAT THE BOARD MAY AUTHORIZE INDIVIDUAL PHYSICIANS TO SUPERVISE UP TO TWO PHYSICIANS' ASSISTANTS AND PROVIDE EXEMPTIONS; AND TO AMEND SECTION 40-47-90, RELATING TO ELIGIBILITY REQUIREMENTS TO APPEAR BEFORE THE BOARD FOR EXAMINATION, SO AS TO DELETE THE REQUIREMENTS THAT PERSONS APPEAR BEFORE THE BOARD BUT MAY BE REQUIRED TO APPEAR IF DETERMINED BY THE BOARD.

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

H. 2398 -- Reps. Gregory, White, Wilkins, Day, Hawkins, Short, Derrick, Haskins and Fair: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF THE GOVERNMENT, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR DEFINITIONS OF CERTAIN TERMS IN THE CHAPTER; FOR THE STATE REORGANIZATION COMMISSION TO REVIEW THE REGULATION OF CERTAIN OCCUPATIONS; FOR PUBLIC HEARINGS TO BE HELD AS TO WHETHER OR NOT OCCUPATIONS NOT REGULATED BY THE STATE SHOULD BE REGULATED OR THERE SHOULD BE CHANGES IN LAWS RELATING TO OCCUPATIONS REGULATED BY THE STATE TO INCLUDE THE EXPANSION OF THE DEFINITION OF A PROVISION WHICH ADDS FUNCTIONS THAT REQUIRE LICENSURE, TO PROVIDE A PROCEDURE BY WHICH THE SUBCOMMITTEE OF THE STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE TO WHICH A BILL HAS BEEN REFERRED MAY REQUEST THAT THE COMMISSION CONDUCT THE PUBLIC HEARING OR THAT THE COMMISSION ASSIST THE SUBCOMMITTEE IN CONDUCTING THE HEARING AFTER A BILL HAS BEEN FILED PROPOSING TO REGULATE A CORPORATION NOT REGULATED BY THE STATE; FOR NOTICE OF THE HEARINGS TO THE PUBLIC AND OTHERS AFFECTED BY REGULATIONS; FOR FACTORS TO BE CONSIDERED BY THE COMMISSION IN EVALUATING WHETHER AN OCCUPATION SHOULD BE REGULATED; FOR THE VARIOUS DEGREES OF REGULATION TO BE CONSIDERED IF THE COMMISSION DETERMINES THAT EXISTING REMEDIES DO NOT ADEQUATELY PROTECT THE PUBLIC HEALTH, SAFETY, OR WELFARE; AND TO PROVIDE THAT ALL RECOMMENDATIONS FORMULATED BY THE COMMISSION MUST BE BASED UPON EVIDENCE GATHERED BY THE COMMISSION IN PUBLIC HEARINGS FROM TESTIMONY SUBMITTED ORALLY OR IN WRITING BY INTERESTED PARTIES INCLUDING THE COMMISSION AND UPON EVIDENCE COMPILED BY THE COMMISSION, TO REQUIRE THE RECOMMENDATIONS TO BE MADE IN WRITING AND DELIVERED TO THE CHAIRMAN OF THE SUBCOMMITTEE OF THE STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE TO WHICH A BILL PROPOSING TO REGULATE AN OCCUPATION HAS BEEN REFERRED.

Referred to Committee on Judiciary.

On motion of Rep. L. MARTIN, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:

H. 2399 -- Reps. L. Martin, McLellan, Dangerfield, T.M. Burriss, Baker, Barfield, H. Brown, J.H. Burriss, Cork, Corning, Derrick, Elliott, Foxworth, Hearn, Hendricks, Mappus, McAbee, McGinnis, Nesbitt, Pearce, Thrailkill, Sharpe, Simpson, Wilder and Davenport: A BILL TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS AND PLEADINGS, SO AS TO REVISE THE TIME PERIOD IN WHICH MINORS HAVE THE RIGHT TO FILE SUIT; TO AMEND SECTION 15-3-530, RELATING TO LIMITATION OF CIVIL ACTIONS, SO AS TO REDUCE THE LIMITATION PERIOD FROM SIX YEARS TO THREE YEARS; AND TO AMEND SECTION 15-3-535, RELATING TO THE TIME WITHIN WHICH CERTAIN ACTIONS FOR CRIMINAL CONVERSATION AND OTHER ACTIONS MUST BE COMMENCED, SO AS TO REVISE THIS TIME; AND TO AMEND THE 1976 CODE BY ADDING SECTION 15-33-125, SO AS TO PERMIT A NEW TRIAL LIMITED TO DAMAGES ONLY IN THOSE INSTANCES WHERE THE PLAINTIFF WAS ENTITLED TO A DIRECT VERDICT OF LIABILITY, SECTION 15-33-145, SO AS TO ALLOW THE INTRODUCTION INTO EVIDENCE OF ANY COLLATERAL SOURCES INFORMATION ABOUT COMPENSATION A PLAINTIFF MAY RECEIVE FROM SOURCES OTHER THAN THE DEFENDANT, SECTIONS 15-33-155 AND 15-51-12, SO AS TO LIMIT NONECONOMIC DAMAGES IN PERSONAL INJURY AND WRONGFUL DEATH ACTIONS, SECTION 15-33-165, SO AS TO PROVIDE RESTRICTIONS OF PUNITIVE DAMAGES IN CIVIL ACTIONS, AND SECTION 15-35-45, SO AS TO ABOLISH JOINT LIABILITY.

Referred to Committee on Judiciary.

On motion of Rep. T. ROGERS, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:

H. 2400 -- Reps. T. Rogers and Evatt: A BILL EXTENDING STATE RECOGNITION TO THE EDISTO NATCHEZ KUSSO TRIBE, THE PEE DEE TRIBE, THE SANTEE TRIBE, AND THE PIEDMONT AMERICAN INDIAN ASSOCIATION, AND OTHER QUALIFYING ORGANIZATIONS OF URBAN INDIANS.

Referred to Committee on Judiciary.

MOTION PERIOD

Rep. THRAILKILL moved to take up H. 2209 for immediate consideration.

POINT OF ORDER

Rep. GREGORY raised the Point of Order that the motion was not proper during the Motion Period, and that it was actually a unanimous consent request which he would object to.

The SPEAKER stated that the member had moved to proceed to a different matter, which was proper during the Motion Period, and he overruled the Point of Order.

Rep. GREGORY moved to table the motion.

As a first substitute Rep. WINSTEAD moved to dispense with the balance of the Motion Period, which was agreed to.

SPEAKER'S STATEMENT

After checking the record and after notification to Rep. THRAILKILL, the SPEAKER stated that the Point of Order raised by Rep. GREGORY (that the motion to take up H. 2209 for immediate consideration during the Motion Period was improper) was sustained, not overruled as per his earlier ruling.

H. 2209--SENT TO THE SENATE

The following Joint Resolution was taken up.

H. 2209 -- Reps. Thrailkill, Corning, Rudnick, Altman, Cork, Evatt, Baker, Waldrop, Hendricks, Simpson, McEachin, Harvin, Tucker, Limehouse, McElveen, Sturkie, Baxley, Neilson, T.M. Burriss, Blackwell, Cooper, Pearce, R. Brown, Lockemy, Elliott, Taylor, Gentry, Sharpe, Stoddard, Aydlette, Winstead, Rice, E.B. McLeod, Lewis, T.C. Alexander, M.D. Burriss, Holt, Chamblee, Townsend, T. Rogers, K. Bailey, Foxworth, McTeer, Wells, Rhoad, Hodges, J.C. Johnson, Derrick, P. Bradley, Hearn, Beasley, G. Brown, J. Bradley, L. Phillips, McKay, Kay, Snow, Petty, J.W. McLeod, J.W. Johnson, Hawkins, Davenport, Ogburn, Toal, Whipper, Nettles, Day, Helmly, McCain, Kohn, Hayes, Barfield, Fair, M.O. Alexander, Wilkins, Haskins, Mattos, G. Bailey, Foster, Blanding, McBride, Russell, McGinnis, Jones, Kirsh, J. Rogers, H. Brown, McLellan, Gordon, Moss, O. Phillips, Arthur, J. H. Burriss, J. Harris and Clyborne: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF DENTISTRY.

The Joint Resolution was read the third time and ordered sent to the Senate.

H. 2263--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments.

H. 2263 -- Judiciary Committee: A BILL TO AMEND CHAPTER 4 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-15 SO AS TO SET FORTH THE PUBLIC POLICY OF THAT CHAPTER AND PROVIDE THE BASIS FOR CONSTRUING IT; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD LANGUAGE TO DEFINE FURTHER THE TERM "PUBLIC BODY", AND TO ADD AND DELETE LANGUAGE UNDER THE DEFINITION OF "PUBLIC RECORD"; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, FEES, AND NOTIFICATION AS TO PUBLIC AVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT IF THE REQUEST FOR PRODUCTION IS GRANTED, THE RECORD MUST BE FURNISHED OR MADE AVAILABLE FOR INSPECTION OR COPYING, AND TO PROVIDE THAT IF WRITTEN NOTIFICATION OF THE DETERMINATION OF THE PUBLIC BODY AS TO THE AVAILABILITY OF THE REQUESTED PUBLIC RECORD IS NEITHER MAILED NOR PERSONALLY DELIVERED TO THE PERSON REQUESTING THE DOCUMENT WITHIN A CERTAIN PERIOD OF TIME, THE REQUEST MUST BE CONSIDERED APPROVED; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR THE EXEMPTION OF THE COMPENSATION OF FULL-TIME EMPLOYEES AT OR BELOW THE LEVEL OF FIFTY THOUSAND DOLLARS ANNUALLY, PROVIDE FOR THE EXEMPTION OF INFORMATION RELATIVE TO THE IDENTITY OF THE MAKER OF A GIFT TO A PUBLIC BODY UNDER CERTAIN CONDITIONS AND DEFINE "GIFT TO A PUBLIC BODY", AND REQUIRE THE PUBLIC BODY, UNDER CERTAIN CONDITIONS, TO MAKE NONEXEMPT MATERIAL AVAILABLE IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 4 OF TITLE 30; TO AMEND SECTION 30-4-70, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT AND EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DISCUSSION OF CERTAIN MATTERS CONCERNING AN EMPLOYEE, A STUDENT, OR A PERSON REGULATED BY A PUBLIC BODY MAY BE HELD IN A MEETING CLOSED TO THE PUBLIC, DELETE CERTAIN LANGUAGE, AND REQUIRE THE PRESIDING OFFICER TO ANNOUNCE THE SPECIFIC PURPOSE OF AN EXECUTIVE SESSION REGARDING A PUBLIC AGENCY; TO AMEND SECTION 30-4-80, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE ALL PUBLIC BODIES TO NOTIFY PERSONS OR ORGANIZATIONS, AND OTHERS, OF THE TIMES, DATES, PLACES, AND AGENDA OF ALL PUBLIC MEETINGS; AND TO AMEND SECTION 30-4-100, RELATING TO INJUNCTIVE RELIEF, COSTS, AND ATTORNEY'S FEES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO, AMONG OTHER THINGS, ALLOW ANY CITIZEN OF THE STATE TO APPLY TO THE CIRCUIT COURT FOR EITHER OR BOTH A DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF TO ENFORCE CHAPTER 4 OF TITLE 30 AS LONG AS APPLICATION IS MADE NO LATER THAN ONE YEAR (RATHER THAN SIXTY DAYS) FOLLOWING THE DATE ON WHICH THE ALLEGED VIOLATION OCCURS OR ONE YEAR AFTER A PUBLIC VOTE IN PUBLIC SESSION (RATHER THAN SIXTY DAYS AFTER RATIFICATION OF SUCH ACT IN PUBLIC SESSION), WHICHEVER COMES LATER, AND PROVIDE THAT A VIOLATION OF CHAPTER 4 TITLE 30 MUST BE CONSIDERED TO BE AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.

Rep. McABEE proposed the following Amendment No. 4, which was ruled out of order.

Amend as and if amended by striking line 22 thru 28 on Page 4 beginning with nothing on line 22 and ending with them on line 28.

Amend title to conform.

POINT OF ORDER

Rep. TOAL raised the Point of Order that Amendment No. 4 to H. 2263 was identical to Amendment No. 3, which had been previously disposed of, and was therefore out of order.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Reps. McGINNIS and NESBITT proposed the following Amendment No. 5 (Doc. No. 1682Y), which was rejected.

Amend the bill, as and if amended, page 7, Section 30-4-70 as contained in SECTION 6, by inserting after /session/ on line 38 /except that formal action must be taken in matters relating to employee dismissal or student expulsion/.

Amend totals and title to conform.

Rep. McGINNIS explained the amendment.

Rep. TOAL spoke against the amendment

Rep. WILKINS moved to table the amendment, which was not agreed to by a division vote of 43 to 44.

The question then recurred to the adoption of the amendment.

Reps. LIMEHOUSE, WILKINS and HASKINS spoke against the amendment.

Rep. McGINNIS spoke in favor of the amendment.

Rep. HUFF spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 32; Nays 76

Those who voted in the affirmative are:

Alexander, T.C.        Barfield               Blackwell
Blanding               Bradley, J.            Brown, G.
Burriss, M.D.          Burriss, T.M.          Cork
Corning                Davenport              Edwards
Evatt                  Foster                 Gilbert
Hawkins                Hearn                  Klapman
McCain                 McElveen               McGinnis
McLeod, E.B.           Nesbitt                Petty
Phillips, L.           Phillips, O.           Rhoad
Rudnick                Russell                Sharpe
Shelton                Wells

Total--32

Those who voted in the negative are:

Alexander, M.O.        Altman                 Arthur
Aydlette               Bailey, G.             Bailey, K.
Baker                  Baxley                 Beasley
Bennett                Boan                   Brown, H.
Brown, J.              Brown, R.              Burriss, J.H.
Carnell                Chamblee               Clyborne
Cooper                 Dangerfield            Day
Derrick                Faber                  Fair
Felder                 Ferguson               Foxworth
Gentry                 Gordon                 Gregory
Harris, J.             Harvin                 Haskins
Hayes                  Helmly                 Hendricks
Hodges                 Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Kohn
Koon                   Limehouse              Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McKay                  McTeer                 Moss
Neilson                Pearce                 Rice
Rogers, T.             Sheheen                Short
Simpson                Snow                   Stoddard
Sturkie                Taylor                 Thrailkill
Toal                   Townsend               Waldrop
Washington             Whipper                Wilkins
Winstead

Total--76

So, the amendment was rejected.

Rep. RUDNICK proposed the following Amendment No. 7 (Doc. No. 1764Y), which was tabled.

Amend the bill, as and if amended, by striking item (6), subsection (a) of Section 30-4-40 of the 1976 Code which begins on line 8 of page 6 and inserting:

/(6) Salaries of employees below the level of department head; provided, however, that complete salary schedules showing compensation ranges for each employee classification, including longevity steps, where applicable shall be made available must be disclosed as follows: for classified employees the salary schedule showing the compensation range for that classification and for unclassified employees the compensation level within a range of five percent of the compensation paid./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. TOAL spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 77 to 5.

Rep. RUDNICK proposed the following Amendment No. 8 (Doc. No. 1787Y), which was tabled.

Amend the bill, as and if amended, in Section 30-4-70 of the 1976 Code as contained in Section 6 by striking the sentence which begins on line 37 of page 7 and inserting:

/In regard to those matters permitted by item (1) above to be discussed in executive session, Any any formal action taken in executive session shall must thereafter be ratified in public session prior to such the action becoming effective. Otherwise, no formal action may be taken in executive session./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. WILKINS moved to table the amendment which was agreed to by a division vote of 61 to 23.

AMENDMENT NO. 10--DEBATE ADJOURNED

Rep. CORNING proposed the following Amendment No. 10 (Doc. No. 1745Y).

Amend the bill, as and if amended, p. 6 (or p. A-7), SECTION 5 of the bill, by adding at the end of Section 30-4-40(a) a new item to be appropriately numbered, as follows:
/( ) Memoranda, correspondence, documents, and working papers in the possession of the State Development Board relative to that board's on-going or current efforts or activity to attract out-of-State business or industry to locate within South Carolina or to negotiate with such business or industry to locate within South Carolina, as well as memoranda, correspondence, documents, and working papers in the possession of the State Development Board relative to that Board's prior but now-terminated efforts or activity to attract out-of-State business or industry to locate within South Carolina or to negotiate with such business or industry to locate within South Carolina./

Amend title to conform.

Rep. CORNING explained the amendment.

Rep. WILKINS spoke upon the amendment and moved to adjourn debate upon the amendment, which was adopted.

Reps. CORNING and McGINNIS proposed the following Amendment No. 12 (Doc. No. 1792Y), which was tabled.

Amend the bill, as and if amended, page 7, Section 30-4-70(a)(5) of the 1976 Code as contained in SECTION 6 of the bill, by deleting lines 33 through 43, and inserting in lieu thereof the following:

/"(5) Prior to going into executive session the public agency shall vote in public on the question and when such vote is favorable the presiding officer shall announce the specific purpose of the executive session. Any action taken in executive session shall thereafter must be ratified by majority vote in public session prior to such action becoming effective."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. CORNING explained the amendment.

OBJECTION TO MOTION

Rep. J. BRADLEY asked unanimous consent that Rep. CORNING's remarks and all other remarks on Amendment No. 12 be recorded and printed in the Journal.

Rep. M.O. ALEXANDER objected.

Rep. CORNING continued speaking.

Rep. LIMEHOUSE spoke against the amendment and moved to table the amendment.

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

Yeas 55; Nays 49

Those who voted in the affirmative are:

Altman                 Arthur                 Baker
Baxley                 Boan                   Brown, H.
Brown, J.              Brown, R.              Carnell
Chamblee               Clyborne               Cooper
Day                    Derrick                Faber
Ferguson               Gentry                 Gilbert
Gregory                Harris, J.             Harvin
Haskins                Hawkins                Hayes
Hodges                 Huff                   Johnson, J.C.
Johnson, J.W.          Kay                    Keyserling
Kirsh                  Klapman                Limehouse
Lockemy                Martin, D.             McAbee
McBride                McKay                  McTeer
Nettles                Ogburn                 Pearce
Rice                   Rogers, T.             Russell
Sheheen                Short                  Snow
Stoddard               Thrailkill             Toal
Waldrop                Wilder                 Wilkins
Williams

Total--55

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Bailey, K.             Barfield               Beasley
Bennett                Blackwell              Blanding
Bradley, J.            Burriss, J.H.          Burriss, M.D.
Cork                   Corning                Dangerfield
Davenport              Edwards                Elliott
Evatt                  Felder                 Foster
Foxworth               Hearn                  Helmly
Hendricks              Holt                   Kohn
Mappus                 Martin, L.             Mattos
McCain                 McElveen               McGinnis
McLellan               McLeod, E.B.           Neilson
Nesbitt                Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rudnick
Sharpe                 Simpson                Townsend
Washington             Wells                  Whipper
Winstead

Total--49

So, the amendment was tabled.

AMENDMENT NO. 13--DEBATE ADJOURNED

Reps. CORNING and McGINNIS proposed the following Amendment No. 13 (Doc. No. 1791Y).

Amend the bill, as and if amended, page 7, Section 30-4-70(a)(5) of the 1976 Code as contained in SECTION 6 of the bill, by deleting lines 33 through 43, and inserting in lieu thereof the following:

/"(5) Prior to going into executive session the public agency shall vote in public on the question, and when such vote is favorable the presiding officer shall announce the specific purpose of the executive session. Any action taken in executive session shall must thereafter be ratified by formal action in public session prior to such action becoming effective. As used in this item 'formal action' means a recorded vote. A recorded vote need not be a roll call vote unless specifically requested by such number of members of the public body as is required under the public body's procedural rules."/

Rep. CORNING explained the amendment.

Rep. TOAL spoke against the amendment.

Rep. CORNING moved to adjourn debate upon the amendment, which was adopted.

Rep. McABEE proposed the following Amendment No. 17 (Doc. No. 1830Y), which was tabled.

Amend the bill, as and if amended, SECTION 3, 3 page 4, line 28, by adding before the period /, except matters involving only expenditure of public funds or expenditure of other funds by a public official/

Amend totals and title to conform.

Rep. McABEE explained the amendment.

Rep. LIMEHOUSE spoke against the amendment.

Rep. FELDER spoke in favor of the amendment.

Rep. WILKINS moved to table the amendment.

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

The amendment was then tabled by a division vote of 94 to 14.

AMENDMENT NO. 19--DEBATE ADJOURNED

Reps. CORNING and McGINNIS proposed the following Amendment No. 19 (Doc. No. 1792Y).

Amend the bill, as and if amended, page 7, Section 30-4-70(a)(5) of the 1976 Code as contained in SECTION 6 of the bill, by deleting lines 33 through 43, and inserting in lieu thereof the following:

/"(5) Prior to going into executive session the public agency shall vote in public on the question and when such vote is favorable the presiding officer shall announce the specific purpose of the executive session. Any action taken in executive session shall thereafter must be specifically stated on the record and approved by majority vote in public session prior to such action becoming effective."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. CORNING explained the amendment.

Rep. LIMEHOUSE spoke against the amendment.

Rep. HENDRICKS spoke in favor of the amendment.

Rep. WILKINS moved to adjourn debate upon the amendment, which was adopted.

Reps. J. BRADLEY, HOLT and WASHINGTON proposed the following Amendment No. 20, which was tabled.

Amend as and if amended, by adding a new section.

Nothing in this Act shall apply to the Charleston Legislative Delegation.

Amend to conform.

POINT OF ORDER

Rep. RUDNICK raised the Point of Order that the amendment was not germane to the Bill as it dealt with a local matter and the Bill was statewide legislation.

The SPEAKER overruled the Point of Order.

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

Rep. CORNING proposed the following Amendment No. 21, which was adopted.

Amend as and if amended, Section 6, page 7, subsection 30-4-70 (a) (5), at line 43, by adding the following:

An informal vote may be taken in executive session. A roll call vote is not required in public session unless specifically requested by such number of members of the public body as its procedural rules require.

Rep. CORNING moved to adjourn debate upon the amendment.

Rep. TOAL moved to table the motion which was agreed to by a division vote of 65 to 22.

Rep. CORNING spoke against the amendment.

Reps. WILKINS and LIMEHOUSE spoke in favor of the amendment.

The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 72 to 12.

Reps. WILKINS, TOAL, LIMEHOUSE, HUFF, J. ROGERS, HAWKINS and CORNING proposed the following Amendment No. 22 (Doc. No. 1879Y), which was adopted.

Amend the bill, as and if amended, page 9, line 21, by adding to the bill a new SECTION to be appropriately numbered, to read:

/SECTION ___. Chapter 3 of Title 13 of the 1976 Code is amended by adding:

"Section 13-3-140. The following are exempt from disclosure: memoranda, correspondence, documents, and working papers in the possession of the State Development Board or county development boards or commissions relative to the boards' efforts or activities to attract business or industry to invest within South Carolina."/

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. J. ROGERS proposed the following Amendment No. 23 (Doc. No. 1885Y), which was tabled.

Amend the bill, as and if amended, page 9, line 21, by adding to the bill a new SECTION to be appropriately numbered, to read:

/SECTION ___. Chapter 3 of Title 13 of the 1976 Code is amended by adding:

"Section 13-3-140. The following are exempt from disclosure: memoranda, correspondence, documents, and working papers in the possession of the South Carolina State Ports Authority relative to the authority's past or present efforts or activities to attract business or industry to invest within South Carolina."/

Renumber sections to conform.

Amend title to conform.

Rep. J. ROGERS explained the amendment.

Rep. TOAL spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 70 to 21.

AMENDMENT NO. 10--TABLED

Debate was resumed on Amendment No. 10 by Rep. CORNING.

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

AMENDMENT NO. 13--TABLED

Debate was resumed on Amendment No. 13 by Rep. CORNING.

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

AMENDMENT NO. 19--TABLED

Debate was resumed on Amendment No. 19 by Rep. CORNING.

Rep. CORNING spoke in favor of the amendment.

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

The question then recurred to the passage of the Bill, as amended.

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

Yeas 109; Nays 1

Those who voted in the affirmative are:

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

Total--101

Those who voted in the negative are:

Lewis
Total--1

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

Rep. FELDER moved to reconsider the vote whereby the Bill, as amended, was given a second reading.

Rep. WILKINS moved to table the motion which was agreed to.

STATEMENT FOR JOURNAL: RE H. 2263

I totally support the FOI Bill, H. 2263. My objection to the Bill was to permit the authors of amendments to get them prepared. I was unsuccessful in removing this objection before debate began.

Rep. HEARN

H. 2324--ORDERED TO THIRD READING

The following Bill was taken up.

H. 2324 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT A SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR PREGNANT AND BREASTFEEDING WOMEN, INFANTS, AND CHILDREN TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WHICH PROVIDES NUTRITIONAL EDUCATION AND SUPPLEMENTAL FOOD TO ELIGIBLE PERSONS AND TO PROVIDE A PENALTY FOR VIOLATION OF THE ARTICLE.

Rep. DERRICK explained the Bill.

The question then recurred to the passage of the Bill.

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

Yeas 95; Nays 6

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Boan                   Brown, H.
Brown, J.              Brown, R.              Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Corning                Davenport              Day
Derrick                Edwards                Elliott
Evatt                  Felder                 Foster
Foxworth               Gilbert                Harris, J.
Harvin                 Haskins                Hawkins
Hayes                  Hearn                  Helmly
Hodges                 Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Koon
Lewis                  Lockemy                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McElveen               McGinnis               McKay
McLellan               McLeod, E.B.           McLeod, J.W.
McTeer                 Moss                   Neilson
Nesbitt                Ogburn                 Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Russell                Sharpe
Sheheen                Snow                   Stoddard
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Washington
Wells                  Whipper                Wilkins
Williams               Winstead

Total--95

Those who voted in the negative are:

Blanding               Faber                  Gentry
Shelton                Simpson                Waldrop

Total--6

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2219 -- Interstate Cooperation Committee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO ENACT WITHOUT DELAY APPROPRIATE LEGISLATION WHICH WOULD ALLOW A STATE TO REQUIRE THAT OUT-OF-STATE COMPANIES SELLING GOODS THROUGH CATALOG SALES IN THAT STATE COLLECT AND REMIT THE APPROPRIATE SALES TAX DUE THE STATE ON THE SALE.

H. 2351 -- Reps. Koon, McElveen, Sturkie, Russell, Klapman, Huff, Derrick, Washington, Cooper, Sharpe, Foxworth, Hearn, Gilbert, E.B. McLeod, Whipper, G. Bailey, Rice, Toal, Blackwell, Short, McCain, Stoddard, Chamblee, Felder, Thrailkill, Hayes, J.W. McLeod, Lockemy, R. Brown, Pearce, Fair, McEachin, J.H. Burriss, McAbee, Carnell, J.C. Johnson, Snow and McTeer: A CONCURRENT RESOLUTION TO WELCOME TO SOUTH CAROLINA THE BILLY GRAHAM CRUSADE, TO BE HELD IN COLUMBIA ON APRIL 25-MAY 2, 1987, AND TO EXPRESS THE STRONG SUPPORT OF THE GENERAL ASSEMBLY FOR THIS SIGNIFICANT RELIGIOUS EVENT.

H. 2353 -- Reps. Bennett, Felder, K. Bailey and McCain: A CONCURRENT RESOLUTION EXPRESSING THE DISMAY OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON LEARNING OF THE KU KLUX KLAN MARCH IN ORANGEBURG IN ORANGEBURG COUNTY PLANNED FOR SATURDAY, FEBRUARY 7, 1987.

H. 2393 -- Rep. M.O. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE THE FOUNTAIN INN ROTARY CLUB ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE CLUB AND ITS MEMBERSHIP FOR THEIR OUTSTANDING CONTRIBUTIONS TO THE COMMUNITY.

H. 2396 -- Reps. Rudnick, McBride, Blackwell, K. Bailey, Blanding, Cork, T. Rogers, Baker, J. Brown, Jones, Barfield, D. Martin, McAbee, J.C. Johnson, Altman, Hodges, Nettles, Williams, Nesbitt, Hayes, Kirsh, Koon, Elliott, Klapman, Toal, Taylor, Cooper, Foster, Harvin, Gordon, Limehouse, Keyserling, Derrick, Felder, C. Brown, Stoddard, Washington, Corning, Sturkie, M.D. Burriss, Chamblee, Hearn, T.M. Burriss, Aydlette and Rhoad: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR THE UPCOMING JAMIL SHRINE CIRCUS TO BE HELD ON FEBRUARY 13, 14, AND 15, 1987, AND TO THANK THE SHRINERS OF THE JAMIL TEMPLE FOR THEIR EFFORTS IN HELPING SICK AND NEEDY CHILDREN.

ADJOURNMENT

At 4:40 P.M. the House in accordance with the motion of Rep. WINSTEAD adjourned to meet at 10:00 A.M. tomorrow.

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