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

THURSDAY, MAY 21, 1987

Thursday, May 21, 1987
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Almighty and all-powerful God, we admit that we are insufficient of ourselves, burdened by many anxieties, tempted by cynicism, and often discouraged by our frailties. Fill our lives with the assurance of Your presence to stretch out before us wide horizons and illumine our paths with Your truths. We pray for light enough to walk through this day, for inner strength to carry heavy burdens, for uncompromising courage to follow Your beckoning, for eyes to see Your way, and for wills to follow it fearlessly. Make our hurrying lives a tapestry of service. Cleanse our hearts and make our daily duties radiant with the halo of Your will and wishes.

We pray to our God Who is the Source of all truth and wisdom. Amen.

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

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

REPORT OF STANDING COMMITTEE

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

H. 2670 -- Reps. Hodges and Limehouse: A BILL TO AMEND SECTION 50-9-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN HUNTING LICENSE PROVISIONS, SO AS TO DELETE THE AUTHORITY OF THE COURT TO IMPOSE BOTH A MONETARY PENALTY AND INCARCERATION.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. LEWIS, from the Fairfield Delegation, submitted a favorable report, on:

S. 761 -- Senator Martin: A BILL TO AMEND SECTION 7-7-250, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN FAIRFIELD COUNTY, SO AS TO ADD A NEW PRECINCT TO BE CALLED DUTCHMAN CREEK, PROVIDE FOR THE PRECINCT LINES DEFINING ALL OF THE COUNTY'S PRECINCTS, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE FAIRFIELD COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE FAIRFIELD COUNTY LEGISLATIVE DELEGATION.

S. 761--ORDERED TO THIRD READING

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

S. 761 -- Senator Martin: A BILL TO AMEND SECTION 7-7-250, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN FAIRFIELD COUNTY, SO AS TO ADD A NEW PRECINCT TO BE CALLED DUTCHMAN CREEK, PROVIDE FOR THE PRECINCT LINES DEFINING ALL OF THE COUNTY'S PRECINCTS, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE FAIRFIELD COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE FAIRFIELD COUNTY LEGISLATIVE DELEGATION.

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

S. 761--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. LEWIS, with unanimous consent, it was ordered that S. 761 be read the third time tomorrow.

REPORT OF STANDING COMMITTEE

Rep. KIRSH, from the York Delegation, submitted a favorable report, on:

S. 655 -- Senator Hayes: A BILL TO ESTABLISH THE LAKE WYLIE MARINE COMMISSION.

S. 655--ORDERED TO THIRD READING

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

S. 655 -- Senator Hayes: A BILL TO ESTABLISH THE LAKE WYLIE MARINE COMMISSION.

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

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 3160 -- Reps. Harvin, McLellan, T.M. Burriss, Pearce, J. Rogers, Beasley, Wilkins, Toal and L. Phillips: A HOUSE RESOLUTION AUTHORIZING A PORTRAIT OF THE HONORABLE CLYDE M. DANGERFIELD, CHAIRMAN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE, TO BE PLACED APPROPRIATELY IN THE COMMITTEE CHAMBERS OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE.

Whereas, the Honorable Clyde M. Dangerfield, our friend and respected colleague, has served as Chairman of the Labor, Commerce and Industry Committee since March 11, 1964, and as a member of this body since September 15, 1953, representing Charleston County with distinction, dedication, and loyalty; and

Whereas, he has been a driving force in progressive legislation that has inured to the benefit not only of his native Charleston but to the citizens of the entire State; and

Whereas, the placing of a portrait of the beloved chairman of the Labor, Commerce and Industry Committee in the committee chambers would honor a renowned leader of this State and a dedicated public servant. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives authorize a portrait of the Honorable Clyde M. Dangerfield, Chairman of the Labor, Commerce and Industry Committee, to be placed appropriately in the committee chambers of the Labor, Commerce and Industry Committee.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3161 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE FRANK GRAY SLOOP, III OF CHERAW, CHESTERFIELD COUNTY, UPON BEING AWARDED THE GEORGIA INSTITUTE OF TECHNOLOGY MERIT SCHOLARSHIP, TO RECOGNIZE HIS REMARKABLE ACHIEVEMENTS AS AN EXCEPTIONAL AND GIFTED STUDENT AND LEADER, AND TO EXTEND THE BEST WISHES OF THE GENERAL ASSEMBLY TO GRAY IN HIS CHOSEN CAREER.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 797 -- Senators Wilson, Setzler, Shealy and Patterson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MEMBERS OF THE IRMO HIGH SCHOOL SCIENCE OLYMPIAD TEAM ON WINNING FIRST PLACE IN THE NATIONAL SCIENCE OLYMPIAD COMPETITION AT OHIO STATE UNIVERSITY.

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. 799 -- Senators J. Verne Smith, Bryan, Stilwell, Thomas and Mitchell: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES OF THE GENERAL ASSEMBLY TO VIRGINIA THOMASON WHITMIRE, GREENVILLE COUNTY TREASURER, ON THE OCCASION OF HER RETIREMENT.

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. 800 -- Senators Martschink, Shealy, Patterson and Moore: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING THOSE OUTSTANDING HIGH SCHOOL STUDENTS FROM SOUTH CAROLINA WHO MADE THE ALL-USA ACADEMIC FIRST, SECOND, AND THIRD TEAMS AND RECEIVED HONORABLE MENTION: KATHRYN WOOTEN, STROM THURMOND HIGH, JOHNSTON; RAVI VEERASWAMY AND KENNETH PETERS, IRMO HIGH; AND WILLIAM RAWL, LEXINGTON HIGH.

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. 801 -- Senator McLeod: A CONCURRENT RESOLUTION TO RECOGNIZE CASSANDRA DENISE YOUMANS, M.D., OF HAMPTON, UPON HER GRADUATION FROM THE UNIVERSITY OF SOUTH CAROLINA MEDICAL SCHOOL IN COLUMBIA AND TO WISH HER WELL AS SHE CONTINUES HER MEDICAL EDUCATION.

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

INTRODUCTION OF BILLS

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

H. 3162 -- Reps. Helmly and H. Brown: A BILL TO REPEAL ACT 187 OF 1971, RELATING TO THE LOWER BERKELEY SECONDARY TREATMENT AUTHORITY.

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

H. 3163 -- Reps. Corning and Taylor: A BILL TO AMEND SECTION 48-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MINING ACT AND REQUIRED OPERATING PERMITS FOR MINING, SO AS TO PROVIDE THAT NO PERMIT MAY BE ISSUED EXCEPT IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN SECTIONS 48-19-50 AND 48-19-55, NOR MODIFIED AND RENEWED EXCEPT IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN SECTIONS 48-19-60 AND 48-19-65, PROVIDE THAT AN OPERATING PERMIT MUST BE GRANTED FOR A PERIOD NOT EXCEEDING FOUR RATHER THAN TEN YEARS, AND PROVIDE THAT AN OPERATING PERMIT MAY BE RENEWED FROM TIME TO TIME PURSUANT TO PROCEDURES SET FORTH IN SECTIONS 48-19-60 AND 48-19-65; TO AMEND SECTION 48-19-50, RELATING TO APPLICATION FOR AND ISSUANCE OR DENIAL OF A PERMIT UNDER THE SOUTH CAROLINA MINING ACT, SO AS TO PROVIDE THAT THE APPLICATION MUST BE ACCOMPANIED BY AN ENVIRONMENTAL IMPACT STATEMENT MEETING THE REQUIREMENTS OF SECTION 48-19-55, PROVIDE THAT NO PERMIT MAY BE ISSUED UNTIL THE ENVIRONMENTAL IMPACT STATEMENT HAS BEEN APPROVED BOTH BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ACCORDANCE WITH SECTION 48-19-55, AND THE LAND RESOURCES CONSERVATION COMMISSION, PROVIDE THAT THE LAND RESOURCES CONSERVATION COMMISSION SHALL DENY THE PERMIT UPON FINDING THAT, AMONG OTHER THINGS, THE OPERATION WILL CONSTITUTE A SUBSTANTIAL PHYSICAL HAZARD TO A NEIGHBORING DWELLING HOUSE, SCHOOL, CHURCH, HOSPITAL, COMMERCIAL OR INDUSTRIAL BUILDING, PUBLIC OR PRIVATE ROAD, OR OTHER PUBLIC OR PRIVATE PROPERTY, PROVIDE THAT ANY PERMIT ISSUED IS EXPRESSLY CONDITIONED UPON COMPLIANCE WITH ALL REQUIREMENTS OF THE APPROVED RECLAMATION PLAN FOR THE OPERATION, THE ENVIRONMENTAL IMPACT STATEMENT, AND WITH OTHER REQUIREMENTS AND SAFEGUARDS, AND PROVIDE THAT ANY OPERATOR WISHING ANY MODIFICATION OF THE TERMS AND CONDITIONS OF HIS PERMIT OR OF THE APPROVED RECLAMATION PLAN SHALL SUBMIT A REQUEST FOR MODIFICATION IN ACCORDANCE WITH SECTIONS 48-19-60 AND 48-19-65; TO AMEND SECTION 48-19-60, RELATING TO MODIFICATION AND RENEWAL OF PERMITS UNDER THE SOUTH CAROLINA MINING ACT, SO AS TO PROVIDE THAT IT IS NOT NECESSARY TO RESUBMIT INFORMATION WHICH HAS NOT CHANGED SINCE THE TIME OF A PRIOR APPLICATION, EXCEPT AS PROVIDED IN SECTION 48-19-65, PROVIDE THAT A BASIS FOR DENYING A RENEWAL PERMIT IS A FAILURE TO SUBMIT AND OBTAIN APPROVAL FOR A NEW ENVIRONMENTAL IMPACT STATEMENT IN ACCORDANCE WITH SECTION 48-19-65, PROVIDE THAT A PERMIT MAY BE MODIFIED TO INCLUDE LAND NEIGHBORING THE AFFECTED LAND AND OTHER LANDS, AND PROVIDE THAT IN LIEU OF A MODIFICATION OR A RENEWAL, AN OPERATOR MAY APPLY FOR A NEW PERMIT IN THE MANNER PRESCRIBED BY SECTIONS 48-19-40, 48-19-50, AND 48-19-55; AND TO AMEND CHAPTER 19 OF TITLE 48, RELATING TO THE SOUTH CAROLINA MINING ACT, BY ADDING SECTIONS 48-19-55 AND 48-19-65 SO AS TO PROVIDE FOR AN ENVIRONMENTAL IMPACT STATEMENT IN SITUATIONS OF APPLICATION FOR AN INITIAL PERMIT OR FOR MODIFICATION OR RENEWAL OF PERMITS, RESPECTIVELY, AND SECTION 48-19-67 SO AS TO PROVIDE FOR AN APPEAL FROM A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO APPROVE OR DISAPPROVE AN ENVIRONMENTAL IMPACT STATEMENT UNDER SECTION 48-19-55 OR SECTION 48-19-65.

Referred to Committee on Agriculture and Natural Resources.

H. 3162--ORDERED TO BE READ SECOND
TIME TOMORROW

On motion of Rep. HELMLY, with unanimous consent, it was ordered that H. 3162 be read the second time tomorrow.

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                Bennett
Blackwell              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                   Ferguson               Foster
Foxworth               Gilbert                Gregory
Harris, J.             Harris, P.             Harvin
Haskins                Hawkins                Hayes
Helmly                 Hendricks              Hodges
Holt                   Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Koon                   Lewis                  Limehouse
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Nettles                Ogburn                 Pearce
Pettigrew              Petty                  Phillips, L.
Rice                   Rogers, J.             Sheheen
Shelton                Short                  Simpson
Snow                   Stoddard               Sturkie
Taylor                 Thrailkill             Townsend
Tucker                 Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on May 21, 1987.

Dave C. Waldrop, Jr.              Thomas N. Rhoad, Jr.
Robert A. Kohn                    Irene K. Rudnick
Olin R. Phillips                  Charles Sharpe
Timothy F. Rogers                 B.J. Gordon
Joseph T. McElveen, Jr.           Larry Blanding
John C. Felder                    John H. Burriss
Jean H. Toal
Total Present--121

STATEMENT OF ATTENDANCE

Reps. FOSTER and KIRSH signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, May 20, 1987.

STATEMENT OF ATTENDANCE

Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 20, 1987.

DOCTOR OF THE DAY

Announcement was made that W. Jackson Epperson of Anderson, is the Doctor of the Day for the General Assembly.

H. 3155--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3155 -- Rep. G. Bailey: A BILL TO AMEND ACT 536 OF 1986, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 AND OTHER SCHOOL MATTERS OF THE COUNTY SO as TO ESTABLISH FIVE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 MUST BE ELECTED BEGINNING IN 1988.

Rep. LIMEHOUSE moved to commit the Bill to the Dorchester Delegation.

Rep. G. BAILEY moved to table the motion to commit, which was agreed to by a division vote of 2 to 1.

Rep. LIMEHOUSE spoke against the Bill.

Rep. C. BAILEY spoke in favor of the Bill.

Further proceedings were interrupted by expiration of time in the local uncontested period, the pending question being consideration of the Bill, Rep. G. BAILEY having the floor.

SENT TO THE SENATE

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

H. 2957 -- Reps. Hodges and Clyborne: A BILL TO AMEND SECTION 16-13-180, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO THE CRIME OF RECEIVING STOLEN GOODS, SO AS TO RAISE FROM ONE HUNDRED TO TWO HUNDRED DOLLARS THE VALUE OF THE GOODS RECEIVED WHICH VESTS JURISDICTION IN THE CASE TO MAGISTRATES' COURTS AND TO RESTATE THE OFFENSE IN MODERN LANGUAGE.

H. 2518 -- Rep. Ogburn: A BILL TO AMEND SECTION 56-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM MEDICAL, HOSPITAL, AND DISABILITY BENEFITS, PROOF OF LOSS OF INCOME, AND SUBROGATION OR ASSIGNMENT OF BENEFITS UNDER THE AUTOMOBILE REPARATION REFORM ACT OF 1974, SO AS TO PERMIT ASSIGNMENTS TO HOSPITALS, PHYSICIANS, OR OTHER MEDICAL PROVIDERS.

H. 2786 -- Rep. Lewis: A BILL TO AMEND SECTION 11-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A CONTINUING ACCOUNT UNDER THE STATE TREASURER FOR THE PURPOSE OF PROVIDING STATE MATCHING DISASTER ASSISTANCE FUNDS WHEN REQUIRED BY THE FEDERAL ENTITY PROVIDING THE FUNDS, SO AS TO PROVIDE THAT THE DISASTER ASSISTANCE MATCHING FUNDS IN THE ACCOUNT MAY ALSO BE USED TO COVER THOSE INDIVIDUAL AND FAMILY GRANT (IFG) PROGRAM ADMINISTRATIVE EXPENSES WHICH EXCEED THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) ADMINISTRATIVE EXPENSE ALLOWANCE.

H. 2868 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 12-7-2416, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHECK-OFF CONTRIBUTION FOR THE CHILDREN'S TRUST FUND APPEARING ON THE STATE INDIVIDUAL TAX RETURN, SO AS TO REQUIRE THE CHECK-OFF ON ALL STATE INCOME TAX RETURNS AND TO DELETE THE REFERENCES TO THE SPECIFIC LANGUAGE OF THE CHECK-OFF APPEARING ON THE RETURN.

H. 2960 -- Rep. Toal: A BILL TO AMEND SECTIONS 31-6-70, 31-6-80, 31-6-100, AND 31-6-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS SO AS TO CHANGE THE BASE YEAR FOR CALCULATING THE INCREMENT FROM THE YEAR BEFORE THE BONDS ARE ISSUED TO THE YEAR IN WHICH THE PLAN IS ADOPTED BY THE MUNICIPALITY; PROVIDE THAT OBLIGATIONS MUST BE DIVIDED IN A CERTAIN MANNER AFTER THEY ARE RETIRED; PROVIDE THAT IN ORDER FOR A MUNICIPALITY TO DERIVE THE BENEFIT OF THE FIVE-YEAR INCREMENT, IT MUST TAKE AFFIRMATIVE ACTION; REQUIRE THE ESTIMATED TERM OF BONDS ISSUED TO FINANCE THE REDEVELOPMENT PLAN BE STATED IN A NOTICE TO VARIOUS TAXING DISTRICTS; SUBSTITUTE THE COUNTY AUDITOR FOR THE COUNTY ASSESSOR AS THE PROPER OFFICIAL TO CERTIFY THE ASSESSED VALUE OF THE PROPERTY WITHIN THE REDEVELOPMENT PROJECT; AND AUTHORIZE A MUNICIPALITY TO AVAIL ITSELF OF ANY POWERS GRANTED UNDER PROVISIONS OF LAW WHICH PROVIDE FOR THE FINANCING OF WATER AND SEWER SYSTEMS INSTEAD OF AUTHORIZING THE REVENUES FROM THESE SYSTEMS TO BE PLEDGED TO SECURE THE BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 6 OF TITLE 31 (TAX INCREMENT FINANCING LAW).

H. 2997 -- Reps. P. Harris, Carnell, J. Harris and Aydlette: A BILL TO AMEND SECTION 8-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR PERMANENT FULL-TIME STATE EMPLOYEES WHO ARE TEMPORARILY DISABLED BY AN INMATE, PATIENT, OR CLIENT, SO AS TO LIMIT THE LEAVE TO ONE HUNDRED EIGHTY DAYS.

H. 3144 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND CHAPTER 63 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VITAL STATISTICS, SO AS TO CLARIFY THE RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN THE REGISTRATION AND CERTIFICATION OF VITAL RECORDS; REQUIRE EACH INSTITUTION PROVIDING NURSING, CUSTODIAL, OR DOMICILIARY CARE TO ISSUE PERMITS AND REQUIRE THE CORONER OF EACH COUNTY TO ISSUE PERMITS FOR NONINSTITUTION DEATHS; DELETE CERTAIN PENALTY PROVISIONS WHICH ARE INCORPORATED INTO OTHER PROVISIONS OF CHAPTER 63; SPECIFY RESTRICTIONS ON THE ISSUANCE OF COPIES TO AUTHORIZED ENTITIES; CLARIFY THOSE ENTITLED TO THE SHORT FORM OR BIRTH CARD AND SPECIFY WHICH CODE SECTIONS GOVERN THE ESTABLISHMENT OF PATERNITY; ADD PROVISIONS TO PREVENT THE FRAUDULENT USE OF BIRTH CERTIFICATES OF DECEASED PERSONS AND PROVIDE A MECHANISM FOR MEMBERS OF A DECEASED PERSON'S FAMILY TO OBTAIN A COPY OF THE BIRTH CERTIFICATE; ADD PROVISIONS WHICH PROVIDE FOR THE ISSUANCE OF A CERTIFIED COPY OF A DEATH CERTIFICATE ONLY TO THOSE INDIVIDUALS WITH A DIRECT AND TANGIBLE INTEREST WHILE ALLOWING ACCESS TO THE OLDER RECORDS FOR GENEALOGICAL OR OTHER PURPOSES TO THE APPLICANT; ADD PROVISIONS TO SPECIFY ENTITLEMENT TO COPIES OF MARRIAGE AND DIVORCE RECORDS FILED WITH THE DEPARTMENT; PROVIDE THAT NO DELAYED BIRTH CERTIFICATE MAY BE REGISTERED FOR A DECEASED PERSON AND DELETE PROVISIONS WHICH DUPLICATE THIS PROVISION; PROVIDE THE CORRECT REFERENCES TO COVER ALL FEES CHARGED BY THE STATE REGISTRAR FOR SEARCHING, CERTIFYING, AND AMENDING INDIVIDUAL VITAL RECORDS; PROVIDE A PROCESS FOR FILING BIRTH CERTIFICATES WITH THE BUREAU OF VITAL STATISTICS FOR FOREIGN-BORN, ALIEN CHILDREN ADOPTED IN THIS STATE; CLARIFY RECOMMENDATIONS FOR CORRECTING MISTAKES IN BIRTH AND DEATH CERTIFICATES; CLARIFY THE PROCESS OF AMENDING THE BIRTH CERTIFICATE OF A CHILD WHOSE PARENTS MARRY AFTER THE CHILD'S BIRTH; GROUP ALL PENALTIES WITHIN ONE CODE SECTION; PROVIDE A PROCESS OF FILING OR AMENDING A BIRTH CERTIFICATE WHERE PATERNITY HAS BEEN DETERMINED PURSUANT TO AN ORDER OF THE FAMILY COURT; PROVIDE A PROCESS FOR ENTERING THE FATHER'S NAME ON A BIRTH CERTIFICATE BASED UPON PATERNITY ACKNOWLEDGMENT BY THE MOTHER AND PERSON TO BE NAMED AS THE FATHER; CLARIFY THE PROVISION FOR ESTABLISHING A DELAYED BIRTH CERTIFICATE AT A COUNTY HEALTH DEPARTMENT FOR A PERSON BORN PRIOR TO 1915; AND DELETE PROVISIONS WHICH TRANSFER RECORDS FROM THE CLERKS OF COURT TO THE COUNTY HEALTH DEPARTMENTS.

H. 3145 -- Reps. Foxworth, J. Bradley, Winstead, Mappus and Holt: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE LADIES BENEVOLENT SOCIETY OF THE CITY OF CHARLESTON.

H. 2564 -- Rep. Evatt: A BILL TO AMEND SECTIONS 12-37-2610, 12-37-2650, AND 12-37-2730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAXES ON MOTOR VEHICLES, SO AS TO PERMIT MOTOR VEHICLES REGISTERED UNDER THE INTERNATIONAL RECIPROCITY PLAN TO PAY THEIR TAXES QUARTERLY.

H. 2666 -- Reps. Baker, M.D. Burriss, McBride, Sharpe, Corning, Clyborne, J.W. McLeod, T.M. Burriss, Hodges, Haskins, Faber, Jones, Whipper, Wilder, Washington and Hearn: A BILL TO AMEND SECTION 12-7-616, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS CREATION TAX CREDIT, SO AS TO DEFINE LESS DEVELOPED AREAS AS COUNTIES HAVING A POPULATION OF TWENTY-FIVE THOUSAND OR LESS, TO INCREASE THE JOB CREATION TAX CREDIT FROM FIVE HUNDRED TO ONE THOUSAND DOLLARS FOR EACH NEW PERMANENT JOB CREATED MORE THAN TEN, TO ALLOW A JOB CREATION TAX CREDIT OF THREE HUNDRED DOLLARS FOR FIVE YEARS FOR FIFTY OR MORE NEW PERMANENT JOBS CREATED IN COUNTIES HAVING A POPULATION OF MORE THAN TWENTY-FIVE THOUSAND, AND TO INCREASE THE ADDITIONAL JOBS CREATION TAX CREDIT FOR EMPLOYEES IN LESS DEVELOPED AREAS FROM FIVE HUNDRED TO ONE THOUSAND DOLLARS.

H. 2828 -- Rep. Keyserling: A BILL TO AMEND ACT 329 OF 1986, RELATING TO STATE INCOME TAX DEFERRALS ON FOREIGN TRADE RECEIPTS, SO AS TO DELETE A REFERENCE TO TAXABLE INCOME.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 680 -- Senator Drummond: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF INCOME TO SECURE PAYMENT OF CHILD SUPPORT OBLIGATIONS, SO AS TO EXEMPT THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AS A PAYOR IN THE PAYMENT OF BENEFITS.

S. 553 -- Judiciary Committee: a BILL TO AMEND ARTICLE 3 OF CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-325 SO AS TO PROVIDE THAT THE NAME OF ANY CANDIDATE AUTHORIZED TO APPEAR ON ANY BALLOT IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION FOR ANY OFFICE MAY BE THE CANDIDATE'S GIVEN NAME, A DERIVATIVE OF HIS GIVEN NAME, OR A NICKNAME, TO PROVIDE FOR A PROCEDURE FOR THE USE OF A DERIVATIVE NAME OR A NICKNAME ON THE BALLOT, AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS.

S. 223 -- Senator McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-15-85 SO AS TO AUTHORIZE POLITICAL SUBDIVISIONS TO ISSUE REVENUE BONDS FOR PUBLIC PURPOSES PAYABLE FROM OTHER NONRELATED REVENUE-PRODUCING PROJECTS OF THE SUBDIVISION AND TO REQUIRE BONDS SO ISSUED TO REFLECT THE SOURCE OF PAYMENT.

ORDERED ENROLLED FOR RATIFICATION

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

S. 166 -- Senator Holland: A BILL TO AMEND SECTION 7-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR HANDICAPPED PERSONS AS A QUALIFICATION.

S. 554 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES TO BE FOLLOWED WHEN THE QUALIFICATIONS OF AN ELECTOR ARE CHALLENGED, SO AS TO CLARIFY THE PROCEDURE FOR COUNTING BALLOTS UNSUCCESSFULLY CHALLENGED.

S. 555 -- Judiciary Committee: A BILL TO AMEND ARTICLE 3 OF CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-355 SO AS TO PROVIDE THAT NO QUESTION MAY BE SUBMITTED TO THE QUALIFIED ELECTORS IN A REFERENDUM HELD AT THE TIME OF A GENERAL ELECTION UNLESS THE QUESTION IS SUBMITTED TO THE APPROPRIATE ELECTION COMMISSION NO LATER THAN 12:00 NOON ON SEPTEMBER FIRST.

S. 578 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED PROCEDURE WHEN A VOTER HAS BEEN CHALLENGED, SO AS TO PROVIDE FOR THE RESULTS WHEN EVIDENCE IS OFFERED AND NOT OFFERED TO SUSTAIN AN OBJECTION TO A VOTE; THE CERTIFICATION PROCEDURE THAT MUST BE FOLLOWED BY THE BOARD OF REGISTRATION WHEN A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK IS ALLOWED TO VOTE A CHALLENGED BALLOT; AND FOR AN ADMINISTRATIVE CHALLENGE IF THE PERSON CHALLENGED IS NOT A QUALIFIED ELECTOR.

S. 606 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO AUCTION FIRM LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 791, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 736 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO BURGLAR ALARM SYSTEM BUSINESS LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 805, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 2270--POINT OF ORDER

The following Bill was taken up.

H. 2270 -- Rep. Barfield: A BILL TO AMEND SECTION 50-13-1155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AND FEES FOR TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES AND GEAR, SO AS TO EXEMPT DEVICES AND GEAR USED IN THE LITTLE PEE DEE, GREAT PEE DEE, AND WACCAMAW RIVERS.

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 20, by Rep. LOCKEMY.

Rep. BARFIELD explained the amendment.

POINT OF ORDER

Rep. TOAL raised the Point of Order that the Bill was out of order as it affected state revenues and no Fiscal Impact Statement was attached.

The SPEAKER sustained the Point of Order and ruled the Bill out of order until such time as the Fiscal Impact Statement was attached to the Bill.

S. 84--AMENDED AND OBJECTIONS

The following Bill was taken up.

S. 84 -- Senators McConnell and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY CHARGE A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED AND SET BY STATUTORY LAW AND TO DEFINE STATUTORY LAW.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 14, by the Committee on Ways and Means.

Rep. CARNELL explained the amendment.

The amendment was then adopted.

Rep. AYDLETTE proposed the following Amendment No. 3, which was rejected, later reconsidered and adopted.

Amend as and if amended. By adding a new section appropriately numbered ______ "No regulation by any State agency can become effective if it is disapproved by the Committee handling that rule or regulation."

Amend titles and sections to conform.

Rep. AYDLETTE explained the amendment.

POINT OF ORDER

Rep. TOAL raised the Point of Order that Amendment No. 3 was out of order as it was not germane to the Bill.

The SPEAKER stated it was germane to the Bill, as amended, and he overruled the Point of Order.

Rep. AYDLETTE continued speaking.

Rep. EVATT moved to table the amendment, which was not agreed to by a division vote of 21 to 46.

Rep. TOAL 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 49; Nays 59

Those who voted in the affirmative are:

Aydlette               Baker                  Baxley
Beasley                Bradley, J.            Bradley, P.
Brown, G.              Burriss, M.D.          Burriss, T.M.
Chamblee               Clyborne               Dangerfield
Davenport              Day                    Derrick
Elliott                Ferguson               Foxworth
Gilbert                Gordon                 Gregory
Harvin                 Haskins                Holt
Klapman                Kohn                   Koon
Limehouse              Lockemy                Mappus
Martin, D.             Martin, L.             McCain
McEachin               McKay                  McTeer
Moss                   Neilson                Pearce
Pettigrew              Petty                  Short
Stoddard               Sturkie                Thrailkill
Townsend               Washington             Wells
Whipper

Total--49

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Bennett                Blackwell              Boan
Brown, J.              Carnell                Cooper
Cork                   Corning                Edwards
Evatt                  Faber                  Fair
Foster                 Harris, J.             Harris, P.
Hawkins                Hayes                  Helmly
Hendricks              Hodges                 Huff
Johnson, J.C.          Johnson, J.W.          Kay
Keyserling             Kirsh                  Lewis
Mattos                 McAbee                 McElveen
McGinnis               McLellan               Nesbitt
Nettles                Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Simpson
Snow                   Toal                   Tucker
White                  Wilder                 Wilkins
Williams               Winstead

Total--59

So, the amendment was rejected.

Rep. AYDLETTE proposed the following Amendment No. 4, which was tabled.

Amend as and if amended. By adding a new Section appropriately numbered _______ "No regulation of any State Agency can become effective until it has been approved by both Houses of the Legislature and signed by the Governor."

Rep. AYDLETTE explained the amendment.

Rep. TOAL moved to table the amendment, which was agreed to by a division vote of 50 to 26.

AMENDMENT NO. 3--RECONSIDERED AND ADOPTED

Rep. WINSTEAD moved to reconsider the vote whereby Amendment No. 3 was rejected.

Rep. TOAL moved to table the motion to reconsider, which was not agreed to by a division vote of 35 to 47.

The question then recurred to the motion to reconsider, which was agreed to.

The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 48 to 34.

Reps. EVATT, KIRSH and HUFF objected to the Bill.

MOTION REJECTED

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

S. 718--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 718 -- Senators McConnell, Fielding and Branton: A BILL TO AMEND ACT 762 OF 1976, RELATING TO AUTHORIZING THE STATE COLLEGE BOARD OF TRUSTEES TO ISSUE SPECIAL OBLIGATION BONDS FOR THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND PERMIT THE PROCEEDS TO BE USED TO REFUND BONDS OR OTHER OBLIGATIONS ISSUED TO DEFRAY THE COSTS OF ACQUIRING FACILITIES IMPROVEMENTS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 5168Y), which was adopted.

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

/Section _______. Act 762 of 1976, as and if amended, is further amended by adding a new SECTION 5A to read:

"SECTION 5A. In addition to the bonds authorized in Section 5 and subject to obtaining the approval of the state board expressed by adopted resolution, the trustees are also authorized to issue bonds pursuant to the authorization and subject to the conditions and limitations of this act to refund and advance refund bonds issued pursuant to this act and the proceeds of such refunding bonds must be applied to the purpose for which the refunding bonds are issued, including principal, premium, if any, and interest to maturity or redemption date, as the case may be, together with the cost of issuance./

Renumber sections to conform

Amend title to conform.

Rep. WINSTEAD explained the amendment.

The amendment was then adopted.

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

S. 720--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 720 -- Senators McConnell, Fielding and Branton: A BILL TO AMEND ACT 1281 of 1970, AS AMENDED, RELATING TO AUTHORIZING THE ISSUANCE OF STUDENT AND FACULTY HOUSING REVENUE BONDS OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND PERMIT THE ISSUANCE OF BONDS TO REFUND BONDS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 5152Y), which was adopted.

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

/Section _____. Act 1281 of 1970, as amended, is further amended by adding a new SECTION 2A to read:

"SECTION 2A. In addition to the bonds authorized in subsection (b) of Section 2 and subject to obtaining the approval of the state board expressed by adopted resolution, the trustees are also authorized to issue bonds pursuant to the authorization and subject to the conditions and limitations of this act to refund and advance refund bonds issued pursuant to this act and the proceeds of such refunding bonds must be applied to the purpose for which the refunding bonds are issued, including principal, premium, if any, and interest to maturity or redemption date, as the case may be, together with the cost of issuance."/

Renumber sections to conform.

Amend title to conform.

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

H. 2123--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 2123 -- Rep. McTeer: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR FILING APPLICATIONS TO CLAIM AGRICULTURAL USE FOR REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION FOR TAXABLE YEARS 1985, 1986, AND 1987 UNTIL AUGUST 31, 1987.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 20, by the Committee on Ways and Means.

The amendment was then adopted.

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

LEAVE OF ABSENCE

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

S. 562--INTERRUPTED DEBATE

The following Bill was taken up.

S. 562 -- Senator Drummond: A BILL TO AMEND SECTION 12-35-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE ADDITIONAL ONE PERCENT SALES TAX TO FUND THE 1984 EDUCATION IMPROVEMENT ACT, SO AS TO PROVIDE FOR NOTIFICATION OF THE PROVISIONS OF THIS SECTION AND THE PENALTY PROVISIONS TO MERCHANTS AND THE PUBLIC.

Rep. KIRSH explained the Bill.

Rep. FOXWORTH spoke in favor of the Bill.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill.

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., May 21, 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. 102:
S. 102 -- Senators J. Verne Smith, McLeod, Setzler, E. Patterson, Lourie, Theodore and Nell W. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-375 SO AS TO PROVIDE THAT THE POSSESSION OF LESS THAN ONE GRAM OF CRACK COCAINE IS A MISDEMEANOR AND PROVIDE PENALTIES UPON CONVICTION, TO PROVIDE THAT A SECOND AND SUBSEQUENT CONVICTION OF THIS OFFENSE IS A FELONY, TO PROVIDE THAT THE MANUFACTURE, DISTRIBUTION, DISPENSATION, OR THE POSSESSION WITH INTENT TO DISTRIBUTE OR DISPENSE CRACK COCAINE IS GUILTY OF A FELONY AND PROVIDE PENALTIES UPON CONVICTION, TO PROVIDE THAT THE POSSESSION OF ONE OR MORE GRAMS OF CRACK COCAINE IS PRIMA FACIE EVIDENCE OF A VIOLATION OF THIS FELONY, TO PROVIDE THAT SENTENCES FOR VIOLATION OF THE PROVISIONS OF SECTION 44-53-375 MAY NOT BE SUSPENDED AND PROBATION MAY NOT BE GRANTED EXCEPT FOR A FIRST OFFENSE; TO AMEND SECTION 44-53-110, RELATING TO DEFINITIONS OF NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO DEFINE "CRACK COCAINE"; TO AMEND SECTION 44-53-440, RELATING TO THE FELONY OF DISTRIBUTING A CONTROLLED SUBSTANCE CLASSIFIED IN SECTION 44-53-190(b)(c) (SCHEDULE 1) WHICH IS A NARCOTIC DRUG OR LYSERGIC ACID DIETHYLAMIDE (LSD) AND IN SECTION 44-53-210 (SCHEDULE II) WHICH IS A NARCOTIC DRUG TO A PERSON UNDER THE AGE OF EIGHTEEN, SO AS TO MAKE IT A SEPARATE OFFENSE FOR VIOLATIONS OF THIS SECTION AND INCLUDE IN IT A VIOLATION OF SECTION 44-53-375(B); TO AMEND SECTION 44-53-445, RELATING TO THE CRIME OF DISTRIBUTING, SELLING, OR MANUFACTURING, OR UNLAWFULLY POSSESSING WITH INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL, SO AS TO PROVIDE A SEPARATE PENALTY UPON CONVICTION WHEN A VIOLATION OF THIS SECTION INVOLVES CRACK COCAINE; TO ADD THE FELONIES ESTABLISHED BY THE PROVISIONS OF SECTION 44-53-375 TO THE LIST OF FELONIES IN SECTION 16-1-10 WITH THE EXCEPTION OF THE CONVICTION OF THE FIRST OFFENSE POSSESSION OF LESS THAN ONE GRAM OF CRACK COCAINE; AND TO REPEAL SECTION 44-53-510 RELATING TO THE REQUIREMENT THAT ALL ARRESTS FOR DRUG AND NARCOTIC VIOLATIONS BE REPORTED TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE COMMISSION ON ALCOHOL AND DRUG ABUSE.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

Received as information.

H. 2555--COMMITTEE OF CONFERENCE APPOINTED
MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., May 21, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 2555:
H. 2555 -- Education and Public Works Committee: A BILL TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING EDUCATION GENERALLY, BY ADDING SECTION 59-1-405 SO AS TO PROHIBIT PUBLIC ELEMENTARY AND SECONDARY SCHOOLS FROM DISTRIBUTING ANY CONTRACEPTIVE DEVICE OR MEDICATION.

Very respectfully,
President

Rep. KEYSERLING moved that the House recede from its amendments.

Rep. McEACHIN moved to table the motion, which was agreed to by a division vote of 57 to 19.

On motion of Rep. BEASLEY, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. KEYSERLING, FAIR and J. ROGERS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEE

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

S. 577 -- Senators Hayes, McConnell, Long, Dennis, Branton, Bryan, Courson, Doar, Drummond, Fielding, Garrison, Giese, Hinson, Holland, Leatherman, Lee, Leventis, Lindsay, Lourie, Macaulay, Martin, Matthews, McGill, McLeod, Moore, Patterson, Peeler, Pope, Powell, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Thomas E. Smith, Jr., Thomas, Waddell and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO ESTABLISH A STATE GRAND JURY BY GENERAL LAW; AND PROPOSING AN AMENDMENT TO SECTION 11 OF ARTICLE I OF THE CONSTITUTION, RELATING TO THE REQUIREMENT THAT NO PERSON MAY BE HELD TO ANSWER FOR ANY CRIME WHERE THE PUNISHMENT EXCEEDS A FINE OF TWO HUNDRED DOLLARS OR IMPRISONMENT FOR THIRTY DAYS, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY OF THE COUNTY WHERE THE CRIME HAS BEEN COMMITTED, WITH CERTAIN EXCEPTIONS SO AS TO PROVIDE THAT NOTHING CONTAINED IN THE CONSTITUTION IS DEEMED TO LIMIT OR PROHIBIT THE ESTABLISHMENT BY THE GENERAL ASSEMBLY OF A STATE GRAND JURY WITH THE AUTHORITY TO RETURN INDICTMENTS AND WITH THAT OTHER AUTHORITY, INCLUDING PROCEDURE, AS THE GENERAL ASSEMBLY MAY PROVIDE.

Ordered for consideration tomorrow.

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

S. 734 -- Judiciary Committee: A BILL TO AMEND CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURIES AND JURORS BY ADDING ARTICLE 15 SO AS TO ESTABLISH A METHOD FOR CONVENING AND SELECTING A STATE GRAND JURY, TO PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND OPERATIONS, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATING THE SECRECY RULES OF THE STATE GRAND JURY PROCEEDINGS.

Ordered for consideration tomorrow.

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

S. 748 -- Senator Bryan: A BILL TO AMEND ACT 464 of 1986, RELATING TO THE ADOPTION OF CHILDREN, SO AS TO PROVIDE FOR ADOPTION PROCEEDINGS IN PROGRESS BEFORE THE EFFECTIVE DATE OF THE ACT IN WHICH CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR THE PURPOSE OF ADOPTION TO BE CARRIED TO CONCLUSION PURSUANT TO THE ADOPTION PROVISIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS THEY EXISTED BEFORE THE EFFECTIVE DATE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

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

H. 3164 -- Rep. Boan: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1987, AS THE TIME FOR ELECTING MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL TO FILL THE TWO SEATS ON THE COUNCIL THE TERMS FOR WHICH HAVE EXPIRED OR EXPIRE IN 1987.

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

That the House of Representatives and the Senate meet in joint assembly in the hall of the House of Representatives at 12:00 noon on Wednesday, May 27, 1987, for the purpose of electing members of the Legislative Audit Council to fill the two seats on the council the terms for which have expired or expire in 1987.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3165 -- Reps. L. Martin and Beasley: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MISS SOUTH CAROLINA PAGEANT, INC., FOR ITS EFFICIENT CONDUCT OF PAGEANTS WHICH HAVE PROMOTED SOUTH CAROLINA SO WELL OVER PAST YEARS AND HAVE RESULTED IN MANY LOVELY AND TALENTED YOUNG LADIES RECEIVING SCHOLARSHIPS TO CONTINUE THE DEVELOPMENT OF THEIR TALENTS AND ABILITIES, AND TO EXPRESS THE DESIRE OF THE GENERAL ASSEMBLY THAT THE STATE OF SOUTH CAROLINA SHOULD ASSIST THE WINNER OF THE MISS SOUTH CAROLINA PAGEANT IN ANY WAY IT CAN INCLUDING THE PROVIDING OF STATE TRANSPORTATION SERVICES WHILE SHE IS REPRESENTING OUR STATE DURING THE MISS AMERICA PAGEANT.

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

CONCURRENT RESOLUTION

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

H. 3166 -- Reps. T.M. Burriss and Corning: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CANCEL ITS MORATORIUM ON THE INSTALLATION OF SEWER LINES IN THE EAST RICHLAND COUNTY PUBLIC SERVICE DISTRICT.

Whereas, the Department of Health and Environmental Control has imposed a moratorium on installation of additional sewer lines in the East Richland County Public Service District under the mistaking premise that additional effluent would add to the sewer overflow problem when in fact the overflow is caused by surface water entering the lines during periods of heavy rains. Now, therefore,

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

That the Department of Health and Environmental Control shall cancel its moratorium on the installation of sewer lines in the East Richland County Public Service District unless it can prove without question that additional effluent in the sewer lines would add to the sewer line overflow problems caused by surface water during heavy periods of rain.

Rep. T.M. BURRISS explained the Concurrent Resolution.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3167 -- Charleston Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE VERY DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF PETTY OFFICER SECOND CLASS JERRY BOYD FARR OF JOHNS ISLAND WHO WAS ONE OF THIRTY-SEVEN AMERICAN SAILORS KILLED WHEN THE USS STARK WAS HIT BY MISSILES FIRED FROM AN IRAQI WARPLANE ON SUNDAY, MAY 17, 1987.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3168 -- Charleston Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE VERY DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF PETTY OFFICER THIRD CLASS LLOYD ANTHONY WILSON OF SUMMERVILLE WHO WAS ONE OF THIRTY-SEVEN AMERICAN SAILORS KILLED WHEN THE USS STARK WAS HIT BY MISSILES FIRED FROM AN IRAQI WARPLANE ON SUNDAY, MAY 17, 1987.

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

MOTION ADOPTED

Rep. BLACKWELL moved that when the House adjourns it adjourn out of memory and respect for Petty Officer Second Class Jerry Boyd Farr of Johns Island and Petty Officer Third Class Lloyd Anthony Wilson of Summerville, who died on the USS Stark on May 17, 1987, which was agreed to.

LEAVE OF ABSENCE

The SPEAKER granted Rep. L. PHILLIPS a temporary leave of absence to attend a Highway Commission meeting.

CONCURRENT RESOLUTION

The following was introduced:

H. 3169 -- Reps. R. Brown and J.W. McLeod: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING M. GAULT BEESON OF MARION COUNTY FOR HIS TREMENDOUS INSIGHT, WISDOM, AND INTEGRITY AND FOR HIS DEDICATED SERVICE AND ILLUSTRIOUS LEADERSHIP WHICH HAVE BROUGHT HONOR AND DISTINCTION TO MARION COUNTY AND ITS CITIZENS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3170 -- Reps. Aydlette, M.O. Alexander, T.C. Alexander, Altman, Arthur, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DEAN WALTER T. COX, PRESIDENT EMERITUS AT CLEMSON UNIVERSITY, UPON HIS RETIREMENT.

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

HOUSE RESOLUTION

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

H. 3171 -- Rep. Rudnick: A HOUSE RESOLUTION URGING THE AIKEN COUNTY COUNCIL TO ALLOW COUNTY EMPLOYEES TO HAVE MEMORIAL DAY (THE LAST MONDAY IN MAY) AS A LEGAL HOLIDAY IN ORDER TO COMMEMORATE THE LIVES OF ALL THE BRAVE ONES WHO DIED IN THE SERVICE OF THEIR COUNTRY.

Whereas, the Aiken County Council has done away with National Memorial Day (the last Monday in May) as a legal holiday for county employees; and

Whereas, Memorial Day constitutes the perfect opportunity for persons to take time in an appropriate fashion to commemorate the bravery and courage of all persons who have died in the service of their country and freedom everywhere; and

Whereas, it would be a shame for county employees -- many of whom sincerely and strongly wish to have Memorial Day as a legal holiday -- to lose the appropriate and traditional occasion for acknowledging the bravery and sacrifices of so many of their fellow citizens. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives of the State of South Carolina, by this resolution, urges the Aiken County Council to allow county employees to have Memorial Day (the last Monday in May) as a legal holiday in order to commemorate the lives of all the brave ones who died in the service of their country.

Be it further resolved that a copy of this resolution be forwarded to each member of the Aiken County Council.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 802 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. D. E. "PETE" FINLEY, JR., CHIEF MAGISTRATE FOR PICKENS COUNTY.

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. 803 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS OF GREER MIDDLE SCHOOL, GREENVILLE COUNTY, ON WINNING FIRST PLACE HONORS IN THE STATEWIDE JUNIOR LEVEL COMPETITION OF THE NATIONAL ENERGY EDUCATION DAY (NEED) PROJECT.

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

HOUSE RESOLUTION

The following was introduced:

H. 3173 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 593, RELATING TO AUTOMOBILE INSURANCE, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION ON TUESDAY, MAY 26, 1987, IMMEDIATELY FOLLOWING CONSIDERATION OF SENATE AMENDMENTS AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 593 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S. 593 be set by special order for second and third reading or other consideration on Tuesday, May 26, 1987, immediately following consideration of Senate amendments and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 593 is given second and third reading or it is otherwise disposed of.

Rep. TOAL explained the House Resolution.

The Resolution was adopted.

INTRODUCTION OF BILL

On motion of Rep. BOAN, with unanimous consent, the following Joint Resolution was introduced, read the first time, and ordered placed on the calendar without reference.

H. 3172 -- Reps. Boan and Hodges: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD FOR THE REGISTERED ELECTORS OF LANCASTER COUNTY RESIDING WITHIN THE GEOGRAPHICAL AREA COMPRISING THE LANCASTER COUNTY SCHOOL DISTRICT ON QUESTIONS CONCERNING THE COMPOSITION OF THE SCHOOL BOARD ORGANIZATION OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE CHIEF ADMINISTRATIVE OFFICER OF THE LANCASTER COUNTY DISTRICT BOARD OF TRUSTEES, AND TO PROVIDE FOR RELATED MATTERS REGARDING THE REFERENDUM.

H. 3155--REJECTED

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

H. 3155 -- Rep. G. Bailey: A BILL TO AMEND ACT 536 OF 1986, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 AND OTHER SCHOOL MATTERS OF THE COUNTY SO AS TO ESTABLISH FIVE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 MUST BE ELECTED BEGINNING IN 1988.

Rep. G. BAILEY continued speaking.

The question then recurred to the passage of the Bill, which was not agreed to by a division vote of 2 to 2.

S. 562--OBJECTIONS

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

S. 562 -- Senator Drummond: A BILL TO AMEND SECTION 12-35-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE ADDITIONAL ONE PERCENT SALES TAX TO FUND THE 1984 EDUCATION IMPROVEMENT ACT, SO AS TO PROVIDE FOR NOTIFICATION OF THE PROVISIONS OF THIS SECTION AND THE PENALTY PROVISIONS TO MERCHANTS AND THE PUBLIC.

Rep. McTEER moved to table the Bill which was not agreed to by a division vote of 26 to 28.

Reps. McTEER, KIRSH, LEWIS and WASHINGTON objected to the Bill.

H. 2063--OBJECTIONS

The following Bill was taken up.

H. 2063 -- Reps. Aydlette and P. Bradley- A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 23 SO AS TO ENACT THE POLICE OFFICERS' BILL OF RIGHTS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4480Y).

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

/SECTION 1. Title 23 of the 1976 Code is amended by adding:

"CHAPTER 26
Law Enforcement Officers'
Bill of Rights

Section 23-26- 10. Except while on duty or while acting in his official capacity, no law enforcement officer may be prohibited from participating in political activity. An officer may refrain from participating in political activity and the nonparticipation may not be used to the detriment of an officer's employment with his department or agency.

Section 23-26-20. No law enforcement officer is required or may be requested to disclose any item of his property, income, assets, source of income, debts, or personal or domestic expenditures including those of any member of his family or household except when the information is necessary in investigating a possible conflict of interest with respect to the performance of his official duties or unless the disclosure is required by state or federal law.

Section 23-26-30. The following rights and procedures apply for any law enforcement officer when an officer is subject to criminal or administrative investigation, or both:

(1) The officer may exercise his full constitutional guarantees under the Constitution of the United States and of this State as any other citizen when under criminal investigations without employment penalty.

(2) (a) If at any time a law enforcement officer is subject to an administrative investigation as a result of a complaint filed by a citizen or fellow officer, he is entitled to the following:

(i) a hearing as defined by the policies and procedures of the department or agency;

(ii) five days' written notice of the time and place of any formal hearing;

(iii) copies of any statements of witnesses concerning the matter under investigation to the investigated officer at the time the officer is notified of the complaint or upon receipt from the witness;

(iv) the right to offer testimony and evidence in his own behalf at the hearing; and

(v) the right to confront and cross-examine witnesses against him at the hearing.

(b) Any interrogation of a law enforcement officer under administrative investigation must be recorded in full by appropriate means. A copy of the record of the interrogations must be furnished to the investigated officer at least five days prior to his formal hearing.

(c) If the hearing results in disciplinary action against the investigated officer, he shall receive written notice of the findings made and the disciplinary action ordered or the penalty imposed.

(3) Any law enforcement officer suspended without pay as a result of a criminal or administrative investigation, or both, which results in dismissal of all charges or a finding of innocence, must be fully reimbursed up to one year for wages lost as a result of the suspension. Any personnel records referring to that investigation must be expunged.

Section 23-26-40. When probable cause exists to support an allegation of a complaint against an officer under administrative investigation, that officer, upon his request, may submit to a polygraph examination. Refusal of an officer to take the test may not be admitted in evidence against him in an administrative hearing. The results of the examination are not conclusive as to innocence or guilt. Any disciplinary action taken as a result of administrative investigation whether or not a polygraph is utilized in the investigation must be conducted in full compliance with the provisions of Section 23-26-20(2).

The results of the tests are confidential. A complete record of the polygraph examination must be made and a copy must be provided to the officer.

Section 23-26-50. A law enforcement officer has the absolute right to review his personnel file. He may respond in writing to any adverse report, complaint, or other written material placed in his personnel file. A copy of the response must be attached to the related report, complaint, or written material.

Section 23-26-60. The civil rights of a law enforcement officer, including the right to pursue civil or criminal remedies against third persons, may not be abridged, modified, or limited.

Section 23-26-70. There may be no penalty or threat of penalty against a law enforcement officer for exercising his rights under this chapter. No law enforcement officer may be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise be discriminated against in regard to his employment or be threatened with such treatment by reason of his exercise of the rights granted and guaranteed in this chapter or by reason of the lawful exercise of his constitutional rights."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. AYDLETTE explained the amendment.

Rep. GREGORY moved to table the Bill, which was not agreed to.

Reps. GREGORY and HODGES objected to the Bill.

S. 317--ORDERED ENROLLED FOR RATIFICATION

Upon the withdrawal of an objection by Rep. HENDRICKS the following Bill was taken up.

S. 317 -- Senator Drummond: A BILL TO REAUTHORIZE THE BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.

The Bill was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 314--ORDERED TO THIRD READING

Upon the withdrawal of objections by Reps. SHARPE and THRAILKILL the following Bill was taken up.

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

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

S. 344--ORDERED TO THIRD READING

Upon the withdrawal of objections by Reps. SHARPE and THRAILKILL the following Bill was taken up.

S. 344 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS; AND TO AMEND SECTION 40-69-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP AND QUALIFICATIONS AND TERMS OF THE BOARD, SO AS TO PROVIDE THAT THE BOARD INSTEAD OF THE SOUTH CAROLINA VETERINARIANS' ASSOCIATION SHALL CONDUCT AN ELECTION TO NOMINATE PERSONS TO THE BOARD.

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

S. 346--OBJECTIONS WITHDRAWN

Reps. SHARPE and THRAILKILL withdrew their objections to S. 346 however, other objections remained upon the Bill.

S. 84--AMENDED AND ORDERED TO THIRD READING

Upon the withdrawal of objections by Reps. HUFF, LEWIS and KIRSH the following Bill was taken up.

S. 84 -- Senators McConnell and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY CHARGE A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED AND SET BY STATUTORY LAW AND TO DEFINE STATUTORY LAW.

Rep. TOAL proposed the following Amendment No. 5, which was adopted.

Amend as and if amended, by adding in Section 8-21-15 (B) the following:

(8) Court fees or fines levied in a judicial or adjudicatory proceeding.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. AYDLETTE and TOAL proposed the following Amendment No. 7, which was adopted.

Amend as and if amended, by adding a new Section appropriately numbered, to provide as follows:

Notwithstanding any other provision of law, if a rule or regulation of any state agency is disapproved by both the House and Senate Committees in which it is considered such rule or regulation is void and of no effect.

Amend title to conform.

Rep. TOAL explained the amendment.

Rep. EVATT moved to table the amendment, which was not agreed to.

The question then recurred to the adoption of the amendment, which was agreed to.

AMENDMENT NO. 3--RECONSIDERED AND TABLED

Rep. AYDLETTE moved to reconsider the vote whereby Amendment No. 3 was adopted, which was agreed to.

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

POINT OF ORDER

Rep. MAPPUS raised the Point of Order that the motion to reconsider was out of order as the House had previously voted twice on the amendment.

The SPEAKER stated that the amendment had not been twice voted in either direction and that the Point came too late.

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

OBJECTION TO MOTION

Rep. McABEE asked unanimous consent that S. 84 be read a third time tomorrow.

Rep. EVATT objected.

H. 3025--DEBATE ADJOURNED

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., May 20, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 3025:
H. 3025 -- Rep. Felder: A BILL TO PROVIDE A PROCEDURE FOR THE ADOPTION OF THE ANNUAL BUDGET OF THE CALHOUN COUNTY SCHOOL DISTRICT AND TO REQUIRE THE CALHOUN COUNTY COUNCIL TO LEVY ANNUALLY SUFFICIENT MILLAGE TO FUND THE CALHOUN COUNTY BOARD OF EDUCATION, THE GRESSETTE CENTER, THE COUNTY'S ANNUAL CONTRIBUTION TO THE ORANGEBURG-CALHOUN TECHNICAL COLLEGE.

Very respectfully,
President

Rep. FELDER moved to adjourn debate upon the message, which was adopted.

H. 2544--AMENDED AND ORDERED TO THIRD READING

Upon the withdrawal of an objection by Rep. ARTHUR the following Bill was taken up.

H. 2544 -- Rep. Toal: A BILL TO AMEND SECTIONS 24-23-210 AND 24-23-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING COMMUNITY CORRECTIONS PROGRAMS AND THE VICTIM'S COMPENSATION FUND BY ADDITIONAL ASSESSMENTS TO FINES FOR CERTAIN CRIMINAL OFFENSES, SO AS TO INCREASE THE AMOUNT OF THESE ASSESSMENTS, AND PROVIDE THAT THEY MUST BE DEPOSITED ONLY IN THE VICTIM'S COMPENSATION FUND.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No.1, which was proposed on Wednesday, May 20, by the Committee on Ways and Means.

The amendment was then adopted.

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

H. 2862--OBJECTION WITHDRAWN

Rep. O. PHILLIPS withdrew his objection to H. 2862 however, other objections remained upon the Bill.

S. 346--OBJECTIONS

Reps. AYDLETTE, KOON and STURKIE withdrew their objections to the following Bill whereupon objections were raised by Reps. SHORT and KEYSERLING.

S. 346 -- Senator Drummond: A BILL TO REAUTHORIZE THE BOARD OF PHARMACEUTICAL EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-43-70, RELATING TO FEES FOR EXAMINATION AND LICENSING OF PHARMACISTS, SO AS TO DELETE THE FEE OF TEN DOLLARS REQUIRED FOR LICENSING A PHARMACIST AND TO AUTHORIZE THE BOARD TO ESTABLISH THE FEE BY REGULATIONS; TO AMEND SECTION 40-43-230, AS AMENDED, RELATING TO THE RENEWAL OF LICENSES AND FEES FOR PHARMACISTS, SO AS TO DELETE THE PROVISIONS WHICH PROVIDE FOR PENALTIES FOR PERSONS DEFAULTING FOR ONE OR MORE YEARS IN PAYING THE RENEWAL FEE; AND TO AMEND SECTION 40-43-390, RELATING TO THE APPLICATION FOR RENEWAL FOR A PERMIT FOR THE OPERATION OF A PHARMACY, SO AS TO CHANGE THE RENEWAL DATE OF PERMITS FROM JUNE TO JANUARY.

H. 2959--OBJECTIONS WITHDRAWN
AND DEBATE ADJOURNED

Upon the withdrawal of objections by Reps. CHAMBLEE and TUCKER the following Bill was taken up.

H. 2959 -- Rep. Pearce: A BILL TO AMEND SECTIONS 46-41-210 THROUGH 46-41-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE DEALERS AND HANDLERS GUARANTY FUND, ASSESSMENT ON GRAIN, AND THE REQUIREMENT FOR THE STATE TREASURER TO ADMINISTER THE FUND, AND ESTABLISH THE PROPOSED AMOUNT AND CLAIMS RELATED TO THE FUND, SO AS TO REDEFINE THE TERMS "FAIR MARKET VALUE" AND "DATE OF LOSS", INCREASE THE ASSESSMENT AND REQUIRE THE GRAIN DEALER TO BE RESPONSIBLE FOR PAYING THE INCREASE, NOT REQUIRE THE COLLECTION OF THE ASSESSMENT AT THE THREE MILLION DOLLAR LEVEL, PROVIDE PROTECTION FOR OTHERS SELLING GRAIN IN ADDITION TO THE PRODUCERS, DISALLOW PAYMENT OF BAD CHECKS THAT ARE HELD MORE THAN THIRTY DAYS, AND DELETE THE PAYOUT SCHEDULE AND REQUIRE CLAIMS TO BE PAID ON A FIRST COME FIRST SERVE BASIS: AND TO REPEAL SECTION 46-41 -250, RELATING TO THE PROVISIONS FOR WAIVER OF PARTICIPATION IN THE FUND.

Rep. ALTMAN moved to adjourn debate upon the Bill until Tuesday, May 26, which was adopted.

H. 2978--OBJECTION

Reps. GORDON, BLANDING and E.B. McLEOD withdrew their objections to the following Bill whereupon objections were raised by Reps. J. BRADLEY, KOHN and HOLT.

H. 2978 -- Reps. T.M. Burriss and J.H. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.

MOTION ADOPTED

Rep. J. BRADLEY asked unanimous consent to admit to the Hall of the House two people to furnish technical information while debating S. 593, which was agreed to.

PARLIAMENTARY INQUIRY

Rep. BLACKWELL inquired if staff assistance was to be allowed on the floor of the House during debate on the insurance legislation, whether the rule against staff lobbying members of the House was to be enforced.

The SPEAKER stated that the rule would be strictly enforced.

H. 2183--RECALLED FROM LEGISLATIVE COUNCIL

On motion of Rep. WALDROP, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.

H. 2183 -- Reps. Waldrop and Limehouse: A BILL TO AMEND SECTION 40-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT QUALIFIED PUREBRED LIVESTOCK AUCTIONEERS MAY BE EXEMPTED FROM EXAMINATION AND BONDING REQUIREMENTS BUT NOT FROM LICENSING AND LICENSE FEE PROVISIONS.

MOTION NOTED

Rep. WALDROP moved to reconsider the vote whereby the House concurred in the Senate Amendments to H. 2183 and the motion was noted.

S. 316--RECALLED FROM THE COMMITTEE ON MEDICAL
MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. LOCKEMY, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.

S. 316 -- Senator Pope: A BILL TO AMEND SECTION 40-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF APPLICANTS FOR DENTAL, DENTAL HYGIENIST, AND DENTAL TECHNICIAN LICENSES, SO AS TO PROVIDE THAT DENTAL EXAMINATIONS MUST BE GIVEN ANNUALLY AND DENTAL HYGIENIST AND DENTAL TECHNICIAN EXAMINATIONS MUST BE GIVEN QUARTERLY.

MOTION ADOPTED

Rep. WILKINS asked unanimous consent to admit to the Hall of the House two people designated by Reps. WILKINS and J. ROGERS to furnish technical information while debating S. 593, which was agreed to.

INTRODUCTION OF JOINT RESOLUTION

On motion of Rep. T.M. BURRISS, with unanimous consent, the following Joint Resolution was introduced, read the first time, and ordered place on the calendar without reference.

H. 3174 -- Reps. T.M. Burriss, Corning, Hearn, Toal, M.D. Burriss, McBride, Faber, J. Brown and T. Rogers: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CANCEL ITS MORATORIUM ON THE INSTALLATION OF SEWER LINES IN THE EAST RICHLAND COUNTY PUBLIC SERVICE DISTRICT.

OBJECTION TO MOTION

Rep. T.M. BURRISS asked unanimous consent that H. 3174 be read a second time tomorrow.

Rep. T. ROGERS objected.

H. 2607--RECALLED FROM THE COMMITTEE
ON WAYS AND MEANS

On motion of Rep. KIRSH, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

H. 2607 -- Reps. Elliott, Pearce, Thrailkill and Barfield: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALES OF MEALS OR FOODSTUFFS PROVIDED AT HOME TO ELDERLY OR DISABLED PERSONS TO OR BY NONPROFIT ORGANIZATIONS THAT RECEIVE CHARITABLE CONTRIBUTIONS FOR THE PURPOSE OF PROVIDING THE MEALS.

H. 3172--ORDERED TO BE READ SECOND
TIME TOMORROW

On motion of Rep. HODGES, with unanimous consent, it was ordered that H. 3172 be read the second time tomorrow.

S. 189--RECALLED FROM THE COMMITTEE
ON WAYS AND MEANS

On motion of Rep. BAXLEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

S. 189 -- Senator Wilson: A BILL TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE REGISTRATION AND LICENSE PLATES FOR PRISONERS OF WAR, SO AS TO PROVIDE THAT A SURVIVING SPOUSE MAY RETAIN THE LICENSE PLATE AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO AD VALOREM TAX EXEMPTIONS, SO AS TO EXTEND TO THE SURVIVING SPOUSE OF A PRISONER OF WAR THE PERSONAL VEHICLE TAX EXEMPTION.

S. 397--DEBATE ADJOURNED

The Conference Report on the following Bill was taken up.

S. 397 -- Senator Peeler: A BILL TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF CERTAIN GASOLINE TAX REVENUE SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THE AMOUNT OF A COUNTY'S APPORTIONMENT OF "C" CONSTRUCTION FUNDS WHICH MAY BE EXPENDED FOR ROCKING OR IMPROVING COUNTY ROADS AND FOR STREET AND TRAFFIC SIGNS.

Rep. McTEER moved to adjourn debate upon the Conference Report until Wednesday, May 27, which was adopted.

H. 2550--CONTINUED

Debate was resumed on the following Joint Resolution, the pending question being the consideration of Amendments.

H. 2550 -- Reps. McEachin, Keyserling and J.W. Johnson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY, AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

Rep. AYDLETTE moved to continue the Joint Resolution.

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

Yeas 33; Nays 64

Those who voted in the affirmative are:

Arthur                 Aydlette               Bailey, K.
Blanding               Brown, J.              Carnell
Chamblee               Dangerfield            Davenport
Faber                  Foxworth               Hawkins
Holt                   Kay                    Kirsh
Martin, D.             McAbee                 McGinnis
McLeod, E.B.           Nesbitt                Ogburn
Pettigrew              Petty                  Phillips, O.
Rice                   Rudnick                Thrailkill
Tucker                 Waldrop                Washington
Wells                  Whipper                Winstead

Total--33

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Boan                   Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Clyborne               Cooper                 Cork
Corning                Derrick                Edwards
Elliott                Evatt                  Fair
Gordon                 Gregory                Harris, J.
Harvin                 Haskins                Hayes
Hendricks              Hodges                 Johnson, J.C.
Johnson, J.W.          Keyserling             Koon
Lewis                  Lockemy                Mappus
Martin, L.             Mattos                 McBride
McCain                 McEachin               McElveen
McLeod, J.W.           McTeer                 Moss
Neilson                Nettles                Pearce
Rogers, T.             Sharpe                 Sheheen
Shelton                Short                  Simpson
Snow                   Sturkie                Toal
Townsend               White                  Wilder
Wilkins

Total--64

So, the House refused to continue the Joint Resolution.

Reps. CARNELL and McABEE proposed the following Amendment No. 4 (Doc. No. 4685Y), which was ruled out of order.

Amend the Resolution, as and if amended, by adding an appropriately numbered section to read:

/SECTION _____. Beginning in the fiscal year 1989-90, the compensation paid members of the General Assembly must be adjusted at the same time and at the same percentage provided for cost of living salary adjustments for state employees./

Renumber sections to conform.

Amend title to conform.

Rep. CARNELL explained the amendment.

Rep. McEACHIN moved to table the amendment, which was not agreed to.

Rep. McEACHIN spoke against the amendment.

POINT OF ORDER

Rep. SIMPSON raised the Point of Order that Amendment No. 4 was out of order as it was not germane to the Joint Resolution.

The SPEAKER stated that the Joint Resolution only dealt with one Constitutional amendment, that is the length of the legislative session, and that the amendment dealt with a different substantive issue, that is compensation for members of the General Assembly.

Reps. CARNELL and McABEE argued contra to the Point.

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

Rep. TUCKER moved that the House do now adjourn.

Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:

Yeas 23; Nays 72

Those who voted in the affirmative are:

Aydlette               Bailey, K.             Bennett
Blanding               Bradley, J.            Bradley, P.
Chamblee               Cooper                 Edwards
Fair                   Foxworth               Gordon
Holt                   Kay                    Mappus
McLeod, E.B.           Nettles                Rice
Simpson                Townsend               Tucker
Washington             Whipper

Total--23

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Baker                  Barfield
Baxley                 Blackwell              Brown, H.
Brown, J.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Clyborne               Cork                   Dangerfield
Davenport              Day                    Derrick
Elliott                Evatt                  Faber
Ferguson               Gilbert                Gregory
Harris, J.             Harvin                 Haskins
Hawkins                Hayes                  Hendricks
Hodges                 Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Keyserling
Kirsh                  Klapman                Lewis
Lockemy                Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McGinnis               McLeod, J.W.
McTeer                 Moss                   Neilson
Nesbitt                Ogburn                 Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Stoddard               Thrailkill             Toal
Waldrop                Wells                  Wilder

Total--72

So, the House refused to adjourn.

Reps. CARNELL and McABEE proposed the following Amendment No. 5 (Doc. No. 4685Y), which was tabled.

Amend the Resolution, as and if amended, by adding an appropriately numbered section to read:

And by adding a new Section appropriately worded as in Section 9 to provide a ballot for this provision.

/SECTION _____. Beginning in the fiscal year 1989-90, the compensation paid members of the General Assembly must be adjusted at the same time and at the same percentage provided for cost of living salary adjustments for state employees./

Renumber sections to conform.

Amend title to conform.

    Rep. CARNELL explained the amendment.     Rep. KIRSH spoke against the amendment.     Rep. STODDARD spoke in favor of the amendment.     Rep. KIRSH moved to table the amendment.

    Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 68; Nays 33

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Baker                  Barfield
Baxley                 Bennett                Blackwell
Boan                   Bradley, J.            Brown, G.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Clyborne
Davenport              Day                    Derrick
Elliott                Evatt                  Fair
Felder                 Ferguson               Foxworth
Gregory                Harris, J.             Haskins
Hawkins                Hayes                  Hendricks
Hodges                 Johnson, J.W.          Keyserling
Kirsh                  Klapman                Koon
Lewis                  Lockemy                Mappus
Martin, L.             Mattos                 McCain
McEachin               McElveen               McGinnis
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Pettigrew
Petty                  Phillips, L.           Rogers, T.
Sheheen                Short                  Simpson
Snow                   Thrailkill             Toal
Waldrop                Wells                  Wilder
Wilkins                Winstead

Total--68

Those who voted in the negative are:

Arthur                 Bailey, K.             Blanding
Bradley, P.            Brown, J.              Carnell
Chamblee               Cooper                 Cork
Dangerfield            Edwards                Faber
Gilbert                Gordon                 Harvin
Holt                   Johnson, J.C.          Jones
Kay                    Martin, D.             McAbee
McBride                McLeod, E.B.           McLeod, J.W.
Phillips, O.           Rudnick                Shelton
Stoddard               Townsend               Tucker
Washington             Whipper                White

Total--33

So the amendment was tabled.

STATEMENT FOR JOURNAL--RE H. 2550
HOUSE OF REPRESENTATIVES
State of South Carolina

On Thursday, May 21, 1987, House Journal No. 76, House Bill 2550, Amendment No. 5.

On a proposal to amend the South Carolina Constitution to give state legislators beginning in 1989 the same cost of living pay raise as other state employees, I mistakenly voted for this amendment. I had been on the telephone with a constituent immediately before the vote on the amendment and after this conversation I rushed to vote on the amendment. Someone had informed me that it was a direct vote instead of a tabling vote. Had this passed, I would have asked for a reconsideration of the vote whereby it passed.

I have never voted for a pay raise for legislators and it was not my intention to do so then.

Rep. IRENE K. RUDNICK

Reps. CARNELL, KIRSH and G. BROWN spoke against the Joint Resolution.

Rep. McEACHIN spoke in favor of the Joint Resolution.

Rep. FELDER was recognized.

Rep. CORNING moved that the House recede until 1:30 P.M.

Rep. P. BRADLEY moved that the House do now adjourn.

POINT OF ORDER

Rep. CARNELL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.

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

Yeas 35; Nays 69

Those who voted in the affirmative are:

Arthur                 Aydlette               Baxley
Blackwell              Blanding               Bradley, J.
Bradley, P.            Brown, G.              Brown, R.
Chamblee               Dangerfield            Day
Edwards                Fair                   Foxworth
Gordon                 Harris, J.             Harvin
Hendricks              Holt                   Kay
Kirsh                  Klapman                Kohn
Mappus                 Mattos                 McLeod, E.B.
Ogburn                 Pettigrew              Rice
Simpson                Townsend               Tucker
Waldrop                Whipper

Total--35

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, K.             Baker
Barfield               Bennett                Boan
Brown, H.              Brown, J.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Clyborne               Cooper                 Cork
Corning                Davenport              Derrick
Elliott                Evatt                  Faber
Felder                 Ferguson               Gilbert
Haskins                Hawkins                Hayes
Hodges                 Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Keyserling
Lewis                  Lockemy                Martin, L.
McAbee                 McBride                McCain
McEachin               McElveen               McGinnis
McLeod, J.W.           McTeer                 Moss
Neilson                Nesbitt                Petty
Phillips, L.           Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Snow                   Stoddard               Thrailkill
Toal                   Washington             Wells
White                  Wilder                 Wilkins

Total--69

So the House refused to adjourn.

Rep. CORNING moved that the House recede until 2:00 P.M., which was rejected by a division vote of 44 to 47.

Rep. J. BRADLEY moved to continue the Joint Resolution.

Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 56; Nays 47

Those who voted in the affirmative are:

Arthur                 Aydlette               Bailey, K.
Barfield               Baxley                 Bennett
Blanding               Bradley, J.            Bradley, P.
Brown, G.              Brown, J.              Carnell
Chamblee               Cooper                 Corning
Dangerfield            Davenport              Day
Derrick                Elliott                Faber
Felder                 Gilbert                Gordon
Harvin                 Hawkins                Holt
Kay                    Kirsh                  Klapman
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McGinnis               McLeod, E.B.           McLeod, J.W.
Nesbitt                Pettigrew              Phillips, O.
Rice                   Rogers, J.             Rudnick
Simpson                Stoddard               Thrailkill
Townsend               Tucker                 Waldrop
Washington             Wells                  Whipper
White                  Winstead

Total--56

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Baker                  Blackwell              Boan
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Clyborne
Cork                   Evatt                  Fair
Ferguson               Harris, J.             Haskins
Hayes                  Helmly                 Hendricks
Hodges                 Huff                   Johnson, J.C.
Johnson, J.W.          Keyserling             Koon
Lewis                  Lockemy                McCain
McEachin               McElveen               McTeer
Moss                   Neilson                Pearce
Phillips, L.           Rhoad                  Rogers, T.
Sharpe                 Sheheen                Shelton
Short                  Snow                   Toal
Wilder                 Wilkins

Total--47

So, the Joint Resolution was continued.

H. 2537--COMMITTED

The following Bill was taken up.

H. 2537 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON WORKERS' COMPENSATION WHEN INJURY OR DEATH IS CAUSED BY THE INTOXICATION OR THE WILFULNESS OF THE EMPLOYEE, SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS UPON THE EMPLOYER TO DEMONSTRATE THAT THE EMPLOYEE WAS INTOXICATED OR WILFULLY INTENDED TO INJURE OR KILL HIMSELF OR ANOTHER, AND PROVIDE THAT, WITH RESPECT TO INTOXICATION, AN INJURED EMPLOYEE MAY RECOVER IF HE CAN DEMONSTRATE THAT HIS INTOXICATION WAS NOT A FACTOR IN CAUSING THE ACCIDENT OR INJURY; AND TO AMEND SECTION 42-9-80, RELATING TO BURDEN OF PROOF UNDER CERTAIN CODE SECTIONS CONCERNING WORKERS' COMPENSATION, SO AS TO DELETE THE REFERENCE TO SECTION 42-9-60.

Rep. TOAL moved to commit the Bill to the Committee on Labor, Commerce and Industry.

Rep. L. MARTIN moved to table the motion which was not agreed to.

The question then recurred to the motion to commit the Bill to the Committee on Labor, Commerce and Industry.

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

Yeas 55; Nays 47

Those who voted in the affirmative are:

Arthur                 Aydlette               Bailey, K.
Baxley                 Bennett                Blanding
Bradley, J.            Brown, G.              Brown, J.
Chamblee               Clyborne               Cooper
Davenport              Derrick                Faber
Felder                 Ferguson               Foxworth
Gilbert                Harvin                 Hawkins
Hodges                 Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kohn
Lewis                  Lockemy                Mappus
Martin, D.             Mattos                 McBride
McEachin               McLeod, E.B.           McLeod, J.W.
Ogburn                 Pearce                 Pettigrew
Rice                   Rogers, T.             Rudnick
Sheheen                Shelton                Short
Stoddard               Toal                   Tucker
Waldrop                Washington             Whipper
White

Total--55

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Baker                  Barfield               Blackwell
Bradley, P.            Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Cork                   Corning
Dangerfield            Day                    Elliott
Evatt                  Fair                   Harris, J.
Haskins                Hayes                  Helmly
Hendricks              Kirsh                  Klapman
Koon                   Martin, L.             McAbee
McCain                 McElveen               McGinnis
McTeer                 Moss                   Neilson
Nesbitt                Petty                  Phillips, L.
Phillips, O.           Rhoad                  Sharpe
Simpson                Thrailkill             Townsend
Wells                  Wilder

Total--47

So, the Bill was committed to the Committee on Labor, Commerce and Industry.

H. 2555--CONFERENCE COMMITTEE APPOINTMENT

Rep. J. ROGERS resigned as a member of the Conference Committee on the following Bill.

H. 2555 -- Education and Public Works Committee: A BILL TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING EDUCATION GENERALLY, BY ADDING SECTION 59-1-405 SO AS TO PROHIBIT PUBLIC ELEMENTARY AND SECONDARY SCHOOLS FROM DISTRIBUTING ANY CONTRACEPTIVE DEVICE OR MEDICATION.

The SPEAKER appointed Rep. J.C. JOHNSON to the Committee of Conference and a message was sent to the Senate accordingly.

Rep. EVATT moved that the House recede until 2:10 P.M.

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

Yeas 62; Nays 40

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Arthur
Bailey, K.             Baker                  Bennett
Boan                   Bradley, J.            Brown, H.
Brown, J.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Clyborne
Cork                   Corning                Dangerfield
Davenport              Derrick                Elliott
Evatt                  Faber                  Felder
Ferguson               Foxworth               Gilbert
Harris, J.             Harris, P.             Haskins
Hawkins                Hodges                 Huff
Johnson, J.W.          Jones                  Keyserling
Kohn                   Koon                   Lewis
Mappus                 Martin, D.             McAbee
McBride                McEachin               McElveen
McLeod, J.W.           Moss                   Neilson
Ogburn                 Pettigrew              Petty
Rhoad                  Rogers, J.             Rudnick
Sharpe                 Sheheen                Shelton
Short                  Toal                   Washington
White                  Wilkins

Total--62

Those who voted in the negative are:

Altman                 Aydlette               Barfield
Baxley                 Blackwell              Blanding
Bradley, P.            Brown, G.              Brown, R.
Chamblee               Cooper                 Day
Harvin                 Hayes                  Helmly
Hendricks              Holt                   Johnson, J.C.
Kay                    Kirsh                  Klapman
Lockemy                Martin, L.             Mattos
McCain                 McGinnis               McTeer
Nesbitt                Phillips, L.           Phillips, O.
Rice                   Rogers, T.             Simpson
Stoddard               Thrailkill             Townsend
Tucker                 Wells                  Whipper
Wilder

Total--40

So, the motion to recede until 2:10 P.M. was agreed to.

THE HOUSE RESUMES

At 2:10 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

LEAVE OF ABSENCE

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

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 18 -- Senators Lee, Pope, Hayes and Giese: A BILL TO AMEND SECTION 33-55-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECOVERY AGAINST A CHARITABLE ORGANIZATION, SO AS TO LIMIT RECOVERY OF ACTUAL DAMAGES AGAINST A PHYSICIAN PERFORMING SERVICES WITHOUT CHARGE IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CANCER CLINIC TO TWO HUNDRED THOUSAND DOLLARS.

H. 2549--INTERRUPTED DEBATE

The following Bill was taken up.

H. 2549 -- Reps. McEachin, Keyserling and J.W. Johnson: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER FIRST TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ONLY ADJUSTED DOWNWARDLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARING ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Rep. J. BRADLEY moved to continue the Bill.

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

Yeas 36; Nays 44

Those who voted in the affirmative are:

Aydlette               Barfield               Baxley
Blanding               Boan                   Bradley, J.
Bradley, P.            Carnell                Chamblee
Dangerfield            Davenport              Derrick
Felder                 Foxworth               Harvin
Hawkins                Huff                   Kay
Kirsh                  Klapman                Kohn
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McLeod, E.B.
Nesbitt                Pettigrew              Rice
Rudnick                Simpson                Taylor
Thrailkill             Tucker                 Whipper

Total--36

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Arthur
Baker                  Bennett                Blackwell
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Clyborne               Cooper
Cork                   Evatt                  Fair
Gilbert                Haskins                Helmly
Hendricks              Hodges                 Johnson, J.C.
Johnson, J.W.          Jones                  Keyserling
Lewis                  Limehouse              McEachin
McElveen               McGinnis               McLeod, J.W.
McTeer                 Neilson                Nettles
Pearce                 Petty                  Rogers, T.
Sharpe                 Sheheen                Shelton
Snow                   Toal                   Townsend
Wells                  Wilder

Total--44

So, the House refused to continue the Bill. Rep. FELDER spoke against the Bill.

Rep. J. BRADLEY moved that the House do now adjourn.

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

Yeas 16; Nays 63

Those who voted in the affirmative are:

Blanding               Bradley, J.            Bradley, P.
Chamblee               Cooper                 Hendricks
Kay                    Kirsh                  McGinnis
McLeod, E.B.           Nesbitt                Pearce
Rudnick                Simpson                Townsend
Tucker

Total--16

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Arthur
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Boan                   Brown, H.              Brown, J.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Clyborne
Cork                   Corning                Dangerfield
Davenport              Derrick                Evatt
Faber                  Fair                   Felder
Gilbert                Haskins                Hawkins
Helmly                 Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Keyserling
Klapman                Lewis                  Limehouse
Mappus                 Martin, D.             Martin, L.
McAbee                 McBride                McEachin
McElveen               McLeod, J.W.           McTeer
Neilson                Nettles                Ogburn
Pettigrew              Petty                  Rogers, J.
Rogers, T.             Sharpe                 Sheheen
Shelton                Toal                   Washington
Wells                  Whipper                Wilder

Total--63

So, the House refused to adjourn.

Rep. FELDER continued speaking.

Rep. SIMPSON moved that the House do now adjourn.

POINT OF ORDER

Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.

Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 24; Nays 63

Those who voted in the affirmative are:

Arthur                 Baxley                 Blackwell
Bradley, J.            Chamblee               Cooper
Foster                 Foxworth               Harris, J.
Harvin                 Kay                    Kirsh
Kohn                   Mappus                 Mattos
McGinnis               McLeod, E.B.           Nesbitt
Ogburn                 Pearce                 Rice
Simpson                Townsend               Wells

Total--24

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Barfield
Beasley                Bennett                Boan
Brown, H.              Brown, J.              Brown, R.
Burriss, J.R.          Burriss, M.D.          Carnell
Clyborne               Cork                   Dangerfield
Davenport              Derrick                Elliott
Evatt                  Faber                  Fair
Felder                 Haskins                Hawkins
Helmly                 Hendricks              Huff
Johnson, J.C.          Johnson, J.W.          Jones
Keyserling             Klapman                Lewis
Limehouse              Lockemy                Martin, D.
Martin, L.             McAbee                 McBride
McEachin               McElveen               McLeod, J.W.
McTeer                 Moss                   Neilson
Nettles                Pettigrew              Petty
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Shelton
Snow                   Stoddard               Toal
Tucker                 Waldrop                Washington
Whipper                Wilder                 Wilkins

Total--63

So, the House refused to adjourn.

RECURRENCE TO THE MORNING HOUR

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

Further proceedings were interrupted by the House recurring to the morning hour, the pending question being consideration of the Bill.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 808 -- Senator Thomas E. Smith, Jr.: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES HYMAN OF FLORENCE COUNTY ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY WHICH HE CELEBRATED ON SATURDAY, APRIL 11, 1987.

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

REPORTS OF STANDING COMMITTEES

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

S. 543 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-115 SO AS TO PROVIDE FOR THE PROHIBITION OF THE USE OF VARIOUS NETS AND SEINES IN THE WATERS OF THE STATE; TO AMEND SECTIONS 50- 17-1050 AND 50-17-1055, RELATING TO DISTANCE BETWEEN NETS OR SEINES AND PUBLIC FISHING PIERS AND MANMADE JETTIES AND BETWEEN OTHER NETS AND SEINES, SO AS TO ELIMINATE REFERENCES TO GILL NETS; AND TO REPEAL SECTIONS 50-13-715, 50-17-1035, 50-17-1040, 50-17-1061, AND 50-17-1066, RELATING TO GILL NETS, ANCHOR NETS, OR SEINES.

Ordered for consideration tomorrow.

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

H. 2962 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING REQUIREMENTS WHEN A CHILD'S PHYSICAL OR MENTAL HEALTH OR WELFARE HAS BEEN OR MAY BE ADVERSELY AFFECTED BY ABUSE OR NEGLECT, SO AS TO DELETE THE PROVISION ALLOWING THE PERSON WHO REPORTS PURSUANT TO THIS SECTION TO CAUSE A REPORT TO BE MADE.

Ordered for consideration tomorrow.

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

H. 3068 -- Rep. Hayes: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF A CHILD INTO EMERGENCY PROTECTIVE CUSTODY BY A LOCAL CHILD PROTECTIVE SERVICE AGENCY, SO AS TO REVISE THE TIME WITHIN WHICH A PRETRIAL HEARING THEREON MUST BE HELD AND TO PROVIDE THAT AT THE PRETRIAL HEARING THE RESPONDENTS SHALL HAVE THE RIGHT TO CROSS-EXAMINE THE AGENCY'S WITNESSES AS TO ANY FACTS WHICH ARE ALLEGED TO FORM THE BASIS OF THE REMOVAL, BUT ARE ONLY ALLOWED TO SUBMIT EVIDENCE AND OFFER TESTIMONY AS TO WHETHER THE CHILD CAN BE ADEQUATELY PROTECTED WHILE REMAINING IN THE HOME.

Ordered for consideration tomorrow.

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

S. 97 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-150 SO AS TO PROVIDE THAT NO CIVIL ACTION MAY BE BROUGHT IN THIS STATE FOR THE TORTS OF CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS; AND TO AMEND SECTION 15-3-530, RELATING TO ACTIONS INCLUDED IN THE SIX-YEAR PERIOD PRESCRIBED FOR THE COMMENCEMENT OF ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY, AND SECTION 15-37-50, RELATING TO LIMITATION ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO DELETE THE REFERENCES TO CRIMINAL CONVERSATION.

Ordered for consideration tomorrow.

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

S. 157 -- Senators Williams and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-15 SO AS TO PROVIDE FOR ASSESSMENT OF ATTORNEY FEES AND INTEREST AGAINST PERSONS LIABLE FOR CLAIMS FOR PAYMENT FOR PERMANENT IMPROVEMENT TO REAL ESTATE WHO DO NOT INVESTIGATE THE MERITS OF A CLAIM AND PAY IT WITHIN FORTY-FIVE DAYS OF DEMAND IF IT IS DETERMINED TO BE VALID.

Ordered for consideration tomorrow.

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

S. 398 -- Senator Hayes: A BILL TO AMEND SECTION 16-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION, SO AS TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO AMEND SECTION 56-7-10, RELATING TO THE UNIFORM TRAFFIC TICKET AND THE OFFENSES CHARGED THROUGH USE OF THIS TICKET, SO AS TO ADD A VIOLATION OF SECTION 16-11-760 TO THE LIST OF THESE OFFENSES.

Ordered for consideration tomorrow.

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

S. 710 -- Senators Lourie, J. Verne Smith, Courson, Branton, Macaulay, Mitchell, Bryan, Wilson, Setzler, Giese, Nell W. Smith and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2946 SO AS TO REQUIRE INVESTIGATION BY LOCAL LAW ENFORCEMENT AGENCIES, THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, AND THE ALCOHOLIC BEVERAGE CONTROL COMMISSION OF TRAFFIC-RELATED DEATHS OF PERSONS UNDER THE AGE OF TWENTY-ONE WHERE USE OF ALCOHOLIC BEVERAGES IS SUSPECTED TO BE A CAUSE.

Ordered for consideration tomorrow.

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

S. 664 -- Senators Lindsay, Mitchell, Bryan, Pope, Saleeby, Moore, Leventis, Macaulay, Setzler, J. Verne Smith, Courson, McConnell, Peeler, Thomas, Leatherman, Patterson, Wilson, Horace C. Smith, Doar, Fielding, Hinson, Powell, Holland, McGill, Shealy, Hayes, Lee and Lourie: A BILL TO AMEND SECTION 58-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF THE PUBLIC SERVICE AUTHORITY TO SERVE ANY LOAD OF SEVEN HUNDRED FIFTY KILOWATT OR LARGER UPON REQUEST, SO AS TO PROHIBIT THE PUBLIC SERVICE AUTHORITY FROM SERVING ANY NEW PREMISES WITHIN THE TERRITORY.

OBJECTION TO MOTION

Rep. J. ROGERS asked unanimous consent to take S. 664 up for immediate consideration.

Rep. J. BRADLEY objected.

OBJECTION TO MOTION

Rep. J. ROGERS asked unanimous consent that S. 664 be read a second time tomorrow.

Rep. J. BRADLEY objected.

OBJECTION TO MOTION

Rep. TOAL asked unanimous consent that S. 664 be read a second time today.

Rep. KLAPMAN objected.

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3175 -- Reps. Wilkins, Tucker, Wilder, J.W. Johnson, D. Martin, McEachin, Hayes, Hendricks, H. Brown, Nettles, J. Rogers, Clyborne, Haskins, McElveen, Waldrop and Rhoad: A BILL TO AMEND CHAPTER 11 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHERIFFS, BY ADDING SECTION 23-11-110 SO AS TO PROVIDE QUALIFICATIONS AND TRAINING REQUIREMENTS FOR SHERIFFS.

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

H. 3176 -- Reps. Lewis, Short, Boan, Sheheen and Hodges: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 10 SO AS TO CREATE THE UPPER WATEREE RIVER ECONOMIC DEVELOPMENT COMMISSION AND PROVIDE FOR ITS POWERS, DUTIES, AND RESPONSIBILITIES.

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

H. 3177 -- Rep. Corning: A BILL TO AMEND ARTICLE 1 OF CHAPTER 47 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS OF LAW CONCERNING PHYSICIANS, SURGEONS, AND OSTEOPATHS, BY ADDING SECTION 40-47-61 SO AS TO PERMIT PERSONNEL IN THE EMPLOY OF A LICENSED PHYSICIAN TO LABEL, DISPENSE, AND ADMINISTER NARCOTICS AND DRUGS UNDER CERTAIN SPECIFIED CONDITIONS, AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS.

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

H. 3178 -- Reps. R. Brown and J.W. McLeod: A BILL TO REPEAL ACT 1204 OF 1968, AS AMENDED, RELATING TO THE CREATION OF THE MARION-MULLINS VOCATIONAL EDUCATION BOARD OF TRUSTEES.

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

H. 3178--ORDERED TO BE READ SECOND
TIME TOMORROW

On motion of Rep. R. BROWN, with unanimous consent, it was ordered that H. 3178 be read the second time tomorrow.

H. 2836--OBJECTION

Rep. CORNING withdrew his objection to the following Bill whereupon an objection was raised by Rep. BLACKWELL.

H. 2836 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 7, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION AND NONRENEWAL OF PROPERTY INSURANCE AND CASUALTY INSURANCE, BY ADDING SECTION 38-9-890 SO AS TO PROVIDE THAT NO INSURER MAY NONRENEW A POLICY OF HOMEOWNERS INSURANCE BECAUSE THE INSURED HAS FILED A CLAIM WITH THAT INSURER FOR DAMAGES RESULTING FROM AN ACT OF GOD, INCLUDING, BUT NOT LIMITED TO, HAIL, WIND, OR LIGHTNING, OR FOR A FIRE NOT ATTRIBUTABLE TO THE INSURED, AND TO PROVIDE THAT NO INSURER WHICH OFFERS A COMBINATION HOMEOWNERS AND AUTOMOBILE INSURANCE POLICY MAY NONRENEW THIS POLICY FOR OTHER THAN THE REASONS PRESCRIBED IN SECTION 38-37-310.

STATEMENT BY REP. HASKINS

Rep. HASKINS, with unanimous consent, made a short statement relative to teenage bus drivers.

OBJECTION TO RECALL

Rep. SIMPSON asked unanimous consent to recall H. 2051 from the Committee on Agriculture and Natural Resources.

Rep. PEARCE objected.

S. 131, H. 2427, H. 2759--RECOMMITTED

Rep. WILKINS, with unanimous consent, moved to recommit the following Bills to the Committee on Judiciary, which was agreed to.

S. 131 -- Senators Pope, Lourie, Giese and Leventis: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING CHAPTER 27 SO AS TO PROVIDE FOR THE EMPLOYMENT PROTECTION FOR AN EMPLOYEE OF A PUBLIC BODY WHO REPORTS A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION INVOLVING A PUBLIC BODY OR ITS EMPLOYEES OR OFFICIALS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 2427 -- Reps. Keyserling and Beasley: A BILL TO LIMIT THE TERMS OF MEMBERS OF ALL STATE BOARDS, COMMITTEES, AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY TO TWO SUCCESSIVE TERMS OR TWELVE YEARS, WHICHEVER IS LONGER, EXCEPT WHERE THE PERSON CONCERNED IS PAID AN ANNUAL SALARY BY THE STATE AND TO EXEMPT LIFETIME MEMBERS OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES AND ANY PERSON WHOSE TERM HAS NOT EXPIRED.

H. 2759 -- Rep. Foxworth: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-420 SO AS TO LIMIT THE LIABILITY OF LAW ENFORCEMENT OFFICERS FOR EVENTS OCCURRING DURING THE ENFORCEMENT OR INVESTIGATION OF THE WILDLIFE CONSERVATION AND BOATING LAWS.

Rep. PEARCE moved that the House do now adjourn.

POINT OF ORDER

Rep. McEACHIN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.

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

Yeas 52; Nays 34

Those who voted in the affirmative are:

Arthur                 Aydlette               Bailey, K.
Barfield               Baxley                 Beasley
Bennett                Blackwell              Boan
Bradley, J             Brown, G.              Brown, H.
Burriss, J.H.          Carnell                Chamblee
Cooper                 Dangerfield            Elliott
Felder                 Foster                 Foxworth
Harvin                 Hawkins                Helmly
Hendricks              Huff                   Kay
Kirsh                  Klapman                Kohn
Lewis                  Limehouse              Mappus
Martin, D.             Martin, L.             Mattos
McGinnis               McLeod, E.B.           Nesbitt
Pearce                 Pettigrew              Rice
Sharpe                 Short                  Simpson
Thrailkill             Townsend               Tucker
Washington             Wells                  Whipper
Wilder

Total--52

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Baker
Bradley, P.            Brown, J.              Brown, R.
Clyborne               Davenport              Derrick
Fair                   Gilbert                Harris, J
Haskins                Johnson, J.C.          Johnson, J.W.
Lockemy                McAbee                 McBride
McEachin               McElveen               McLeod, J.W.
McTeer                 Moss                   Neilson
Nettles                Rogers, J.             Rogers, T.
Rudnick                Sheheen                Shelton
Stoddard               Toal                   Waldrop
Wilkins

Total--34

So, the motion to adjourn was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3161 -- Rep. J.L. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE FRANK GRAY SLOOP, III OF CHERAW, CHESTERFIELD COUNTY, UPON BEING AWARDED THE GEORGIA INSTITUTE OF TECHNOLOGY MERIT SCHOLARSHIP, TO RECOGNIZE HIS REMARKABLE ACHIEVEMENTS AS AN EXCEPTIONAL AND GIFTED STUDENT AND LEADER, AND TO EXTEND THE BEST WISHES OF THE GENERAL ASSEMBLY TO GRAY IN HIS CHOSEN CAREER.

H. 3167 -- Charleston Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE VERY DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF PETTY OFFICER SECOND CLASS JERRY BOYD FARR OF JOHNS ISLAND WHO WAS ONE OF THIRTY-SEVEN AMERICAN SAILORS KILLED WHEN THE USS STARK WAS HIT BY MISSILES FIRED FROM AN IRAQI WARPLANE ON SUNDAY, MAY 17, 1987.

H. 3168 -- Charleston Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE VERY DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF PETTY OFFICER THIRD CLASS LLOYD ANTHONY WILSON OF SUMMERVILLE WHO WAS ONE OF THIRTY-SEVEN AMERICAN SAILORS KILLED WHEN THE USS STARK WAS HIT BY MISSILES FIRED FROM AN IRAQI WARPLANE ON SUNDAY, MAY 17, 1987.

H. 3169 -- Reps. R. Brown and J.W. McLeod: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING M. GAULT BEESON OF MARION COUNTY FOR HIS TREMENDOUS INSIGHT, WISDOM, AND INTEGRITY AND FOR HIS DEDICATED SERVICE AND ILLUSTRIOUS LEADERSHIP WHICH HAVE BROUGHT HONOR AND DISTINCTION TO MARION COUNTY AND ITS CITIZENS.

H. 3170 -- Reps. Aydlette, M.O. Alexander, T.C. Alexander, Altman, Arthur, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DEAN WALTER T. COX, PRESIDENT EMERITUS AT CLEMSON UNIVERSITY, UPON HIS RETIREMENT.

ADJOURNMENT

At 3:05 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned out of memory and respect for Petty Officer Second Class Jerry Boyd Farr of Johns Island and Petty Officer Third Class Lloyd Anthony Wilson of Summerville, who died on the USS Stark on May 17, 1987, to meet at 10:00 A.M. tomorrow.

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