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

TUESDAY, APRIL 8, 1986

Tuesday, April 8, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Gracious God in Heaven, standing in the field of toil here on earth, we bow our heads to listen in reverence to distant bells assuring us of Your nearness. With a faith that will not shrink, may we see You and hear Your voice amid the den and distractions all around. May the teachings of Your Holy Word drive from our minds all that is unworthy of our high calling as Your children. Give to us clean motives and pure hearts. In all our doings, keep our feet firmly planted on the altar stairs that slope through the darkness to Him Who is our sure Stay and Support.

Hear us, Lord, in this our humble prayer. Amen.

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

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

SENATE AMENDMENTS CONCURRED
IN AND BILLS ENROLLED

The Senate returned to the House with amendments the following:

H. 2508 -- Rep. P. Harris: A BILL TO AMEND SECTION 6-7-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL COUNCILS OF GOVERNMENT, SO AS TO PERMIT THE COUNCILS TO PARTICIPATE IN THE INSURANCE PROGRAMS ADMINISTERED BY THE DIVISION OF HUMAN RESOURCE MANAGEMENT.

The Senate amendments were agreed to, and the Bill, 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.

REPORTS OF STANDING COMMITTEES

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

H. 2564 -- Reps. Sheheen, Gordon, Gregory, Mangum and White: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF THE GOVERNMENT, BY ADDING CHAPTER 18, SO AS TO PROVIDE FOR DEFINITIONS OF CERTAIN TERMS IN THE CHAPTER; FOR THE STATE REORGANIZATION COMMISSION TO REVIEW THE REGULATION OF CERTAIN OCCUPATIONS; FOR PUBLIC HEARINGS TO BE HELD AS TO WHETHER THE OCCUPATION SHOULD BE REGULATED AND FOR THE COMMISSION TO CONSIDER PROPOSALS FOR REGULATION; FOR WAIVING OF THE HEARING BY TWO-THIRDS OF THE MEMBERS OF THE STANDING COMMITTEE TO WHICH A BILL REGULATING AN OCCUPATION IS REFERRED; FOR NOTICE OF THE HEARING TO THE PUBLIC AND OTHERS AFFECTED BY REGULATION; FOR FACTORS TO BE CONSIDERED BY THE COMMISSION IN EVALUATING WHETHER AN OCCUPATION SHOULD BE REGULATED; FOR THE VARIOUS DEGREES OF REGULATION TO BE CONSIDERED IF THE COMMISSION DETERMINES THAT EXISTING REMEDIES DO NOT ADEQUATELY PROTECT THE PUBLIC HEALTH, SAFETY, OR WELFARE; AND FOR THE COMMISSION TO MAKE RECOMMENDATIONS IN WRITING TO THE GENERAL ASSEMBLY AS TO HOW THE OCCUPATIONS SHOULD BE REGULATED.

Ordered for consideration tomorrow.

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

H. 3507 -- Reps. Cooper, Kay, Blackwell, Chamblee and Evatt: A BILL TO PROVIDE THAT NO HEALTH MAINTENANCE ORGANIZATION MAY PROHIBIT ANY LICENSED PHYSICIAN, PODIATRIST, OPTOMETRIST, OR ORAL SURGEON FROM PARTICIPATING AS A PROVIDER IN THE ORGANIZATION ON THE BASIS OF HIS PROFESSION.

Ordered for consideration tomorrow.

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

H. 3551 -- Rep. Winstead: A BILL TO AMEND SECTION 40-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO AS TO REVISE THE DEFINITION OF PHYSICAL THERAPY AND TO DELETE THE DEFINITION OF A PRESCRIPTION; TO AMEND SECTION 40-45-200, RELATING TO THE GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF THE REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO DELETE THE GROUND PROVIDING FOR THOSE WHO PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY AND TO PROVIDE FOR A NEW GROUND RELATING TO FEES; AND TO AMEND SECTION 40-45-220, AS AMENDED, RELATING TO TREATMENT BY PHYSICAL THERAPISTS AND SUPERVISION OF ASSISTANTS, SO AS TO DELETE THE PROVISION THAT A REGISTERED PHYSICAL THERAPIST MAY NOT PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3755 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE MARION BRADHAM OF CLARENDON COUNTY FOR HIS OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE SUMMERTON TOWN COUNCIL AND WISHING HIM HAPPINESS AND SUCCESS IN HIS RETIREMENT.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1209 -- Senators K. Patterson, Matthews, Mitchell and Fielding: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF M. MACEO NANCE, JR., AS PRESIDENT OF SOUTH CAROLINA STATE COLLEGE IN ORANGEBURG UPON HIS RETIREMENT AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

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. 1210 -- Senators Bryan and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE BELL STREET JUNIOR HIGH SCHOOL, IN CLINTON, AND IRMO HIGH SCHOOL, IN IRMO, ON BEING SELECTED AS THE SOUTH CAROLINA SCIENCE TEAMS TO COMPETE IN THE NATIONAL SCIENCE OLYMPIAD TOURNAMENT TO BE HELD AT MICHIGAN STATE UNIVERSITY ON MAY 16 AND 17, 1986.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3767 -- Horry Delegation: A CONCURRENT RESOLUTION CONGRATULATING MR. WILLIAM L. SPADONI OF HORRY COUNTY UPON BEING NAMED "CITIZEN OF THE YEAR" BY THE MYRTLE BEACH AREA CHAMBER OF COMMERCE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3770 -- Rep. Edwards: A CONCURRENT RESOLUTION HONORING BROADWAY AND FILM STARS ANN MILLER AND MICKEY ROONEY UPON THEIR APPEARANCE AT THE NEWLY-RENOVATED SPARTANBURG MEMORIAL AUDITORIUM IN THE WORLD-ACCLAIMED PERFORMANCE OF "SUGAR BABIES", COMMENDING THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION FOR THEIR OUTSTANDING WORK, AND COMMEMORATING THE OPENING OF THE SPARTANBURG MEMORIAL AUDITORIUM ON APRIL 15, 1986.

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

INTRODUCTION OF BILLS

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

H. 3756 -- Reps. Mangum, Kirsh, McTeer and Elliott: A BILL TO AMEND SECTION 12-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE BEER AND WINE LICENSE TAX, SO AS TO EXCLUDE FROM THE DEFINITION OF BEER AND WINE BEVERAGES WITH AN ALCOHOL CONTENT OF ONE-HALF PERCENT OR LESS BY WEIGHT, TO AMEND SECTION 12-21-1730, AS AMENDED, RELATING TO THE IMPOSITION OF THE SOFT DRINK LICENSE TAX, SO AS TO INCLUDE AS SOFT DRINKS BEER AND WINE WITH AN ALCOHOL CONTENT OF ONE-HALF PERCENT OR LESS BY WEIGHT, AND TO AMEND SECTION 12-21-1860, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOFT DRINK LICENSE TAX, SO AS TO INCLUDE WITHIN THE DEFINITION BEER AND WINE WITH AN ALCOHOL CONTENT OF ONE-HALF PERCENT OR LESS BY WEIGHT.

Referred to Committee on Ways and Means.

H. 3757 -- Reps. Mangum, Kirsh, McTeer and Elliott: A BILL TO AMEND SECTION 12-35-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETAIL LICENSE TAX, SO AS TO AUTHORIZE A TEMPORARY RETAIL LICENSE FOR TRANSIENT RETAILERS FOR A PERIOD NOT TO EXCEED THIRTY DAYS AND FOR A FEE OF FIFTY DOLLARS.

Referred to Committee on Ways and Means.

H. 3758 -- Reps. Mangum, Kirsh, McTeer and Elliott: A BILL TO AMEND ACT 405 OF 1980, AS AMENDED, RELATING TO THE AD VALOREM TAXES ON MOTOR VEHICLES, SO AS TO REQUIRE FAIR MARKET VALUATION OF MOPEDS AND MOTORCYCLES FOR PURPOSES OF TAXATION.

Referred to Committee on Ways and Means.

H. 3759 -- Reps. Mangum, Kirsh, McTeer and Elliott: A BILL TO AMEND ACT 201 OF 1985 (THE GENERAL APPROPRIATIONS ACT) RELATING TO THE TAX ON ETHANOL BLENDS, SO AS TO EXEMPT ETHANOL BLENDS FROM SALES AND USE TAXES DURING THE INCENTIVE PERIOD.

Referred to Committee on Ways and Means.

H. 3760 -- Rep. Simpson: A BILL TO AMEND ARTICLE 11, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SPEED OF MOTOR VEHICLES, BY ADDING SECTION 56-5-1555 SO AS TO PROVIDE THAT ANY MOTOR VEHICLE TRANSPORTING "HAZARDOUS WASTE" OR "RADIOACTIVE WASTE" MAY NOT EXCEED A SPEED GREATER THAN FORTY-FIVE MILES AN HOUR, AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO AMEND SECTION 13-7-160 RELATING TO REGULATIONS UNDER THE SOUTH CAROLINA RADIOACTIVE WASTE TRANSPORTATION AND DISPOSAL ACT, AND SECTION 44-56-30 RELATING TO REGULATIONS UNDER THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT SO AS TO PROVIDE THAT REGULATIONS PROMULGATED UNDER THESE SECTIONS MUST CONTAIN REQUIREMENTS THAT MOTOR VEHICLES TRANSPORTING THESE RESPECTIVE WASTES UPON THE STREETS AND HIGHWAYS OF THIS STATE MUST HAVE ATTACHED THERETO CERTAIN IDENTIFYING RED FLAGS.

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

Rep. WINSTEAD objected.

Referred to Committee on Education and Public Works.

H. 3761 -- Rep. Simpson: A BILL TO AMEND SECTION 61-3-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHICH PROHIBITS THE CONDUCT OF OTHER BUSINESS IN RETAIL LIQUOR STORES SO AS TO PROVIDE THAT BEER, ALE, PORTER, AND WINE MAY ALSO BE SOLD IN RETAIL LIQUOR STORES UNDER CERTAIN CONDITIONS; TO REPEAL SECTION 61-3-1030 WHICH PERMITS THE SALE OF CERTAIN WINES IN RETAIL LIQUOR STORES; AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE SEPTEMBER 14, 1986.

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

Rep. KLAPMAN objected.

Referred to Committee on Labor, Commerce and Industry.

H. 3762 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND CHAPTER 47, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGULATION OF RESPIRATORY CARE, TO CREATE THE RESPIRATORY CARE COMMITTEE AND PROVIDE ITS RESPONSIBILITIES, TO PROVIDE FEES, AND TO PROVIDE PENALTIES.

Without reference.

H. 3763 -- Rep. Hawkins: A BILL TO AMEND SECTION 40-15-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO ALLOW LICENSED DENTAL HYGIENISTS AND CERTIFIED DENTAL ASSISTANTS EMPLOYED WITHIN THE PUBLIC HEALTH SYSTEM TO PERFORM DUTIES WITHOUT THE STATE DIRECTOR OF PUBLIC HEALTH DENTISTRY BEING PRESENT.

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

H. 3764 -- Rep. Schwartz: A BILL TO AMEND AN ACT OF 1986 BEARING RATIFICATION NUMBER 376, RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO PROVIDE THAT NO BAIL BONDSMAN OR RUNNER IS REQUIRED TO BE LICENSED UNDER THE PROVISIONS OF CHAPTER 63 OF TITLE 38 UNTIL JULY 1, 1986, INSTEAD OF MAY 1, 1986.

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

H. 3765 -- Rep. G. Bailey: A BILL TO ALTER THE BOUNDARIES OF SCHOOL DISTRICT NOS. 1 AND 3 IN DORCHESTER COUNTY, SO AS TO INCLUDE THE ROSINVILLE COMMUNITY WITHIN SCHOOL DISTRICT NO. 1.

Without reference.

H. 3766 -- Rep. Snow: A JOINT RESOLUTION TO REQUIRE THE PAYMENT OF THE ENTIRE AMOUNT OF CLAIMS FILED PRIOR TO MAY 31, 1986, UNDER SECTION 46-41-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, INSTEAD OF THE PAYMENT OF THE PERCENTAGES OF CLAIMS PROVIDED IN SECTION 46-41-230.

Referred to Committee on Agriculture and Natural Resources.

H. 3768 -- Reps. S. Anderson, McKay, Rawl, McAbee and Hayes: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIOR SERVICE CREDITS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM INCLUDING PRIOR SERVICE CREDITS FOR MILITARY SERVICE SO AS TO PROVIDE THAT SERVICE IN THE SOUTH CAROLINA NATIONAL GUARD AND ANY RESERVE COMPONENT OF THE UNITED STATES ARMED FORCES IS CONSIDERED MILITARY SERVICE FOR THESE PURPOSES.

Referred to Committee on Ways and Means.

H. 3769 -- Reps. Limehouse, Woodruff, Derrick, Foxworth, H. Brown and Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-1-60 SO AS TO REQUIRE THE REGISTRATION OF PERSONS CONVICTED OF THE OFFENSES OF VIOLENT CRIMES AS DEFINED BY THIS SECTION.

Referred to Committee on Judiciary.

S. 433 -- Senator Theodore: A BILL TO ENACT THE "SOUTH CAROLINA REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES ACT OF 1986", TO MAKE CERTAIN VIOLATIONS AND THE COMMISSION OF CERTAIN ACTS A MISDEMEANOR, AND TO PROVIDE PENALTIES.

Referred to Committee on Labor, Commerce and Industry.

S. 726 -- Senator Ravenel: A BILL TO PROHIBIT A PUBLIC BODY FROM, AMONG OTHER THINGS, DISCHARGING, DEMOTING, OR PUNISHING ANY EMPLOYEE FOR REPORTING A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION WHICH INVOLVES A PUBLIC BODY, FOR EXPOSING GOVERNMENTAL CRIMINALITY, CORRUPTION, WASTE, FRAUD, GROSS NEGLIGENCE, OR MISMANAGEMENT, OR FOR TESTIFYING CONCERNING THESE MATTERS; TO DEFINE "PUBLIC BODY"; TO CREATE A MISDEMEANOR OFFENSE AND PROVIDE PENALTIES; TO ESTABLISH A CIVIL CAUSE OF ACTION IN BEHALF OF THE EMPLOYEE FOR DAMAGES, FOR REINSTATEMENT TO HIS FORMER POSITION AND LOST WAGES, OR FOR BOTH; AND TO PROVIDE FOR THE COMMENCEMENT AND BARRING OF THIS CIVIL CAUSE OF ACTION.

Referred to Committee on Judiciary.

S. 771 -- Senators Doar, Lourie and McLeod: A BILL TO AMEND SECTIONS 43-21-10, 43-21-20, 43-21-30, 43-21-60, 43-21-70, 43-21-80, AND 43-21-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON AGING, SO AS TO PROVIDE THAT THE MEMBERS OF THE COMMISSION APPOINTED BY THE GOVERNOR CONSIST OF SEVEN MEMBERS INSTEAD OF TWELVE, TO PROVIDE THAT THE CHAIRMAN BE ELECTED BY THE MEMBERS OF THE COMMISSION INSTEAD OF BEING DESIGNATED BY THE GOVERNOR AND REMOVE THE GOVERNOR AS AN EX OFFICIO MEMBER, TO DELETE THE REQUIREMENT THAT THE COMMISSION KEEP A ROSTER OF PERSONS QUALIFIED TO SERVE ON THE COMMISSION TO BE PRESENTED ANNUALLY TO THE GOVERNOR, TO PROVIDE THAT THE COMMISSION MEET AT LEAST SIX TIMES ANNUALLY UNLESS A MAJORITY OF THE MEMBERS VOTE TO ELIMINATE NO MORE THAN TWO MEETINGS A YEAR, TO PROVIDE THAT THE ANNUAL REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY INCLUDE THE NEEDS OF THE ELDERLY AND THE WORK OF THE COMMISSION, TO PROVIDE THAT THE COMMISSION EMPLOY A DIRECTOR WITHOUT THE CONSENT OF THE GOVERNOR, TO PROVIDE THAT COMPENSATION AND EMPLOYMENT OF PERSONNEL BY THE COMMISSION BE IN ACCORDANCE WITH THE HUMAN RESOURCE MANAGEMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD AND MERIT SYSTEM REQUIREMENTS, AND TO ADD THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, THE EXECUTIVE DIRECTOR OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, THE DIRECTOR OF THE STATE COMMISSION ON ALCOHOL AND DRUG ABUSE, AND THE CHAIRMAN OF THE STATE COMMISSION ON WOMEN TO THE COORDINATING COUNCIL TO THE COMMISSION ON AGING.

Referred to Committee on Ways and Means.

S. 775 -- Senator McConnell: A BILL TO AMEND ACT 593 OF 1978, AS AMENDED, RELATING TO THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE WRITTEN NOTIFICATION OF A PUBLIC BODY'S DETERMINATION REGARDING A REQUEST FOR RECORDS MADE UNDER THE ACT TO BE MAILED OR PERSONALLY DELIVERED WITHIN FIFTEEN DAYS, TO PROVIDE THAT A REQUEST IS CONSIDERED APPROVED IF NOTIFICATION REQUIREMENTS ARE NOT MET, TO PROVIDE THAT THE PUBLIC BODY IS LIABLE TO THE REQUESTING PARTY FOR COSTS OF LITIGATION IF NECESSARY, TO PROVIDE THAT FORMAL ACTION TAKEN IN EXECUTIVE SESSION MUST BE RATIFIED IN PUBLIC SESSION FOR IT TO BE EFFECTIVE, AND TO PROVIDE THAT IF A PERSON SEEKING TO ENFORCE THE ACT PREVAILS, HE IS ENTITLED TO IMMEDIATE POSSESSION OF THE RECORDS REQUESTED.

Referred to Committee on Judiciary.

S. 793 -- Senator J.V. Smith: A BILL TO AMEND SECTIONS 43-30-20, 43-30-50, 43-30-60, AND 43-30-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLIENT-PATIENT PROTECTION ACT, SO AS TO CHANGE THE REFERENCE TO NURSING HOME OMBUDSMAN TO OMBUDSMAN AND TO CHANGE OBSOLETE REFERENCES.

Referred to Committee on Judiciary.

S. 808 -- Senator Doar: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-140 SO AS TO REQUIRE THE USE OF ANTI-SYPHON DEVICES ON IRRIGATION SYSTEMS AND TO PROVIDE PENALTIES.

Referred to Committee on Agriculture and Natural Resources.

S. 836 -- Senators E. Patterson, Theodore and Nell W. Smith: A BILL TO AMEND SECTION 20-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S POLICY OF THE STATE OF SOUTH CAROLINA, SO AS TO REVISE REPORTING REQUIREMENTS OF AGENCIES, DEPARTMENTS, AND INSTITUTIONS WHICH ARE REQUIRED TO SUBMIT ANNUAL STATEMENTS OF HOW THEIR PROGRAMS CONTRIBUTE TO THE IMPLEMENTATION OF THIS CHILDREN'S POLICY, AND TO MAKE THE ABOVE REPORTING REQUIREMENTS APPLICABLE TO ALL AGENCIES AND NOT JUST STATE AGENCIES WHICH ARE CONCERNED WITH OR ARE RESPONSIBLE FOR CHILDREN.

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

S. 943 -- Senators Waddell, Leatherman, Lourie and Theodore: A BILL TO AMEND SECTION 12-3-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR OBTAINING PROPERTY TAX EXEMPTION, SO AS TO PROVIDE FOR A FILING PERIOD FROM JANUARY FIRST TO APRIL FIFTEENTH FOR PROPERTY OWNED ON DECEMBER THIRTY-FIRST OF THE PREVIOUS YEAR AND TO CLARIFY FILING PROCEDURES FOR VARIOUS EXEMPT ENTITIES.

Referred to Committee on Ways and Means.

S. 987 -- Senator McConnell: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF BARBER EXAMINERS.

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

S. 988 -- Senator Garrison: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF COUNTY GOVERNMENT, SO AS TO DEFINE UNINCORPORATED AREA AS IT APPLIES TO THE CREATION OF A SPECIAL TAX DISTRICT.

Referred to Committee on Ways and Means.

S. 1019 -- Senator Waddell: A BILL TO AMEND SECTION 16-17-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF DEFACING MONUMENTS OR TOMBSTONES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

S. 1040 -- Senators Lourie, Thomas E. Smith, Jr. and Leatherman: A JOINT RESOLUTION TO CREATE A COMMITTEE TO DEVELOP PLANS FOR A SUITABLE MEMORIAL TO HONOR THE MEMORY OF THE CREW OF THE SPACE SHUTTLE CHALLENGER AND TO REQUIRE THE COMMITTEE TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 31, 1987.

Referred to Committee on Ways and Means.

S. 1043 -- Finance Committee: A BILL TO AMEND SECTIONS 12-13-10 AND 12-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO DEFINITIONS AND NET INCOME WITH RESPECT TO THE TAX ON BUILDING AND LOAN ASSOCIATIONS, SO AS TO UPDATE THE DEFINITION AND PROVIDE FOR A BAD DEBT DEDUCTION EQUAL TO THE BAD DEBT DEDUCTION ALLOWED PURSUANT TO THE INTERNAL REVENUE CODE AND TO PRESCRIBE TRANSITION PROCEDURES.

Referred to Committee on Ways and Means.

H. 3764--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. SCHWARTZ, with unanimous consent, it was ordered that H. 3764 be read the second and third times the next two successive legislative days.

H. 3765--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 3765 be read the second and third times the next two successive legislative days.

STATEMENT BY REP. TOAL

Rep. TOAL, with unanimous consent, made a statement relative to Rule 5.12.

OBJECTION

Rep. STODDARD asked unanimous consent to waive the Screening Report of the Medical University Board of Trustees.

Rep. KLAPMAN objected.

MOTION ADOPTED

Rep. HEARN moved that the House stand adjourned upon the conclusion of the House election which was adopted.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on April 8, 1986.

Paul Short                        Dick Elliott
Jack Gregory                      Lenoir Sturkie
Charles Griffin III               James C. Johnson
A. Victor Rawl
Total Present--120

Further proceedings were interrupted by a House Election.

ELECTION OF SPEAKER OF
THE HOUSE OF REPRESENTATIVES

The Reading Clerk of the House read the following House Resolution:

H. 3751 -- Reps. Schwartz and Freeman: A HOUSE RESOLUTION TO PROVIDE THAT THE HOUSE OF REPRESENTATIVES SHALL MEET IN THE HALL OF THE HOUSE AT 12:30 P.M. ON TUESDAY, APRIL 8, 1986, FOR THE PURPOSE OF ELECTING A SPEAKER OF THE HOUSE TO SUCCEED THE HONORABLE RAMON SCHWARTZ.

The SPEAKER announced that nominations were in order for a Speaker of the House of Representatives.

Rep. FREEMAN nominated Rep. ROBERT J. SHEHEEN as follows:

"Mr. Speaker, fellow members, members of the Sheheen family, especially Bob's mother and father, Austin and Lucile Sheheen, who have just entered the chamber, and Bob: I'm proud to be here today before you to make these brief comments. Most of you know I've been here now ten years in the Legislature. During that time I've alternated between hating this place and loving it -- hating it when I missed my son's first baseball game, or when he lost his first tooth and I was not there to enjoy that moment with him, and loving it when I get the opportunity to serve, to make the state a little better place, and to have an idea that whatever I say might cause some change in state policy that will be beneficial to the people of this state. It's a thrill that I think all of you have experienced, and that is hard to describe to other people.

I also alternate between being proud of this place and being ashamed of it. I'm ashamed when a member is convicted of some crime, and we're all somehow blamed for that. We're all painted with that same brush, and it's not always true. But I'm also proud when I have a chance to do something here that I really believe in. Today is one of those times when I am proud. Proud to be standing here before you to nominate Bob Sheheen to be our next Speaker.

You know, I've often gone up in the balcony of this place, and looked down on the floor with constituents while I meet them. They see the hubbub down here on the floor, people running in and out, people talking to each other, people reading, people writing letters, and they think it's like a beehive down here. Invariably they ask me how we get anything done in this place with all that chaos. What I point out to them is that they are seeing democracy at work. What they are watching is the State of South Carolina being run by its Board of Directors. They are looking into the directors' meeting. The people down there are trading, talking, listening, and voting, meeting people, greeting people. It's like a Stock Exchange floor, except we don't trade money for commodities down here, we exchange our votes for ideas, for concepts, for projects to help our people. Sometimes what's going on in front, like right now, is just one thing among many things that are important to them and important to their constituents and important to this state. You know, if you look at the floor traders at the Stock Exchange, the people making all the money and making all the good deals are not the ones that are always standing there watching the tickertape run across in front of them. They're the people down there making the trades, making things happen. And here on the floor it's the same way, people running in and out are meeting constituents, and they're trying to run their businesses back home. They're trying to talk to their staff and other members on important issues that are up now or are coming up. It's representative democracy at work, and it's something that sometimes just won't wait for one man to make one speech before it happens.

If you watch this floor long enough, you'll see there is one person in here who's the best floor trader here. He likes everybody here most of the time. He always treats everyone here fairly and evenhandedly. He always knows what is going on, and he is always asked what is going on by other people. If he were a trader in the Stock Exchange, his stock would be the highest stock, and his trading would be done evenly and fairly, above the table. His word would be accepted by all, because first and foremost he's an honorable man, a gentleman, a dependable man, and a man whom we all know can get the job done.

I've also heard this place compared to an ocean. You enter some times and it's calm in here, no tension, everybody is in a good mood, smooth sailing. Other days you walk in that door and it's like you've stepped in the middle of a hurricane on this floor. You're buffeted about so much, all you feel like you can do is hang on in here, issues are flying, tempers are flying, it's so hot. On those hurricane days, one man is usually at the eye of the storm, doing what he thinks he should do for his constituents, for this House, and for the State of South Carolina. Bob Sheheen has ridden many of those stormy days out many times, and he has tamed more of those storms than not.

If all of us here were asked to pick the top House member in here, the person whom we feel like epitomizes what it's all about being a House member, probably on every list would be Bob Sheheen. No, I take that back, knowing this body, he would be on ninety-five percent of the lists. If any of us were asked to undertake a hard legislative task, and to get the job done, probably every one of us in here would go to Bob Sheheen for help, and we'd go quickly. If any of us were asked to select the person who displays the highest integrity in their dealings with others, Bob Sheheen would be on every list. He has paid his dues, he has worked as hard as any one in here, if not harder. I think he is the best person we could possibly select to carry on the long tradition of fine Speakers we've had in the past.

Mr. Speaker, it gives me a great deal of pride to nominate a great man, and more importantly, a good man to be our next Speaker of the House of Representatives, Robert Joseph Sheheen.

Rep. TOAL; Rep. S. ANDERSON, on behalf of the Spartanburg Delegation; Rep. HOLT, on behalf of the Charleston Delegation; Rep. WILKINS, on behalf of the Greenville Delegation; Rep. HUFF, on behalf of the Aiken Delegation; Rep. HARVIN, on behalf of the Clarendon Delegation; Rep. BLANDING, on behalf of the Sumter Delegation; Rep. KLAPMAN, on behalf of the Lexington Delegation; Rep. OGBURN, on behalf of the Kershaw Delegation; Rep. WHITE, on behalf of the Jasper-Hampton Delegation; Rep. CARNELL, on behalf of the Greenwood Delegation; Rep. McABEE, on behalf of the McCormick Delegation; Rep. McLELLAN, on behalf of the Oconee Delegation; seconded the nomination of Rep. SHEHEEN.

Rep. NEILSON moved that the roll of the House be added as seconding the nomination of Rep. SHEHEEN.

Reps. SCHWARTZ, ALEXANDER, ALTMAN, J. ANDERSON, S. ANDERSON, J. ARTHUR, W. ARTHUR, AYDLETTE, G. BAILEY, K. BAILEY, BARFIELD, BEASLEY, BENNETT, BLACKWELL, BLANDING, BLATT, BOAN, J. BRADLEY, P. BRADLEY, BRETT, G. BROWN, H. BROWN, J. BROWN, R. BROWN, J.H. BURRISS, M.D. BURRISS, T.M. BURRISS, CARNELL, CHAMBLEE, CLEVELAND, COOPER, CORK, DANGERFIELD, DAVENPORT, DAY, DERRICK, EDWARDS, ELLIOTT, EVATT, FABER, FAIR, FELDER, FERGUSON, FOSTER, FOXWORTH, FREEMAN, GENTRY, GILBERT, GORDON, GREGORY, GRIFFIN, J. HARRIS, P. HARRIS, HARVIN, HAWKINS, HAYES, HEARN, HELMLY, B. HENDRICKS, LLOYD I. HENDRICKS, HOLT, HUFF, J.C. JOHNSON, J.W. JOHNSON, JONES, KAY, KEYSERLING, KIRSH, KLAPMAN, KOHN, KOON, LAKE, LEWIS, LIMEHOUSE, LOCKEMY, MANGUM, MARCHANT, D. MARTIN, L. MARTIN, MATTOS, McABEE, McBRIDE, McEACHIN, McKAY, McLELLAN, McLEOD, McTEER, MITCHELL, MOSS, NEILSON, NETTLES, OGBURN, PEARCE, PETTY, L. PHILLIPS, O. PHILLIPS, RAWL, RHOAD, RICE, RIGDON, J. ROGERS, T. ROGERS, RUSSELL, SHARPE, SHELTON, SHORT, SIMPSON, SNOW, STODDARD, STURKIE, TAYLOR, THRAILKILL, TOAL, TOWNSEND, TUCKER, WALDROP, WASHINGTON, WHITE, WILKINS, WILLIAMS, WINSTEAD and WOODRUFF seconded the nomination of Rep. SHEHEEN.

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

Whereupon the SPEAKER announced that Rep. ROBERT J. SHEHEEN was duly elected for the term prescribed by law.

Rep. SHEHEEN:

"Thank you very much. I didn't know how hard this was going to be to do, but I'll give it a try. Ten years ago, folks in Kershaw County did me a great favor and a great honor. They sent me to this House, and I can truthfully tell you that I've enjoyed each and every minute of it. In fact, when we're not here, I miss it a little bit. Those of you who know me best know that's probably right. I've had strong support from my county, from you, and from my family. If my family hadn't trained me like they had, I wouldn't have had a chance to be here, and if they hadn't given me what I consider to be a sense of commitment to my community and to my state, I wouldn't be able to be here. Then, six years ago, my closest colleagues in this General Assembly, on the Judiciary Committee, did me a second great honor and made me Chairman of the South Carolina House Judiciary Committee. I dare say that you and they together have let me enjoy the last six years in that position with a depth and breadth of support which I did not deserve and never expected. And now, today, you do me the greatest honor of all. It will be hard for me, I think, to justify your support, the depth and the breadth of it, but I'll give it a try. The speakership takes on the personality of the person who holds it, to a certain extent. I'll try to adapt my personality to that position so that I'll be fair, so that I'll be honest, and so that this institution can feel good about itself. Because until we do, the public will never feel good about us. I give you my hard work. I give you my commitment. But in exchange for that, I'll demand a lot. From what I've experienced before from this body, you'll give it and you'll shine as you have on many occasions in the past, and you'll stand up and you'll say that the House is a proud place to be. You've done me proud, and I thank you very much for it."

ACTING SPEAKER SHEHEEN IN CHAIR
RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3755 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE MARION BRADHAM OF CLARENDON COUNTY FOR HIS OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE SUMMERTON TOWN COUNCIL AND WISHING HIM HAPPINESS AND SUCCESS IN HIS RETIREMENT.

H. 3767 -- Horry Delegation: A CONCURRENT RESOLUTION CONGRATULATING MR. WILLIAM L. SPADONI OF HORRY COUNTY UPON BEING NAMED "CITIZEN OF THE YEAR" BY THE MYRTLE BEACH AREA CHAMBER OF COMMERCE.

H. 3770 -- Rep. Edwards: A CONCURRENT RESOLUTION HONORING BROADWAY AND FILM STARS ANN MILLER AND MICKEY ROONEY UPON THEIR APPEARANCE AT THE NEWLY-RENOVATED SPARTANBURG MEMORIAL AUDITORIUM IN THE WORLD-ACCLAIMED PERFORMANCE OF "SUGAR BABIES", COMMENDING THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION FOR THEIR OUTSTANDING WORK, AND COMMEMORATING THE OPENING OF THE SPARTANBURG MEMORIAL AUDITORIUM ON APRIL 15, 1986.

ADJOURNMENT

At 1:00 P.M. the House in accordance with the motion of Rep. HEARN adjourned to meet at 10:00 A.M. tomorrow.

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