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

THURSDAY, APRIL 23, 1987

Thursday, April 23, 1987
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

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

Almighty God, our heavenly Father, forever unchanging in Your desire to help, make us to respond to Your teachings that our faith may be lifted, our understanding broadened, our ideals deepened, our visions heightened, and our outlook brightened. As we work hand in hand, use us for the advancement of Your kingdom on earth. Bless, we pray, the Billy Graham Crusade so soon to begin here, in keeping with the spiritual needs of this great State and beyond, commensurate with Your knowledge of the needs of Your children. God bless America and guide Her through all the days ahead.

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.

RULES AND REGULATIONS WITHDRAWN

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 22, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives

Dear Mrs. Shealy:

The South Carolina Department of Health and Environmental Control is hereby withdrawing the regulation pertaining to Procedures for Contested Cases, Document # 571, effective this date.

This regulation has been referred to the Judiciary Committee.

Sincerely,
Robert J. Sheheen

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., April 22, 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. 89:
S. 89 -- Senator Lourie: A BILL TO AMEND SECTIONS 56-1-460 AND 56-9-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE THE OPERATOR'S LICENSE TO DRIVE IS CANCELLED, SUSPENDED, OR REVOKED, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., April 22, 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. 100:
S. 100 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 56-5-2945, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OFFENSE OF CAUSING BODILY INJURY OR DEATH WHILE DRIVING A VEHICLE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE A MANDATORY THREE-YEAR DRIVER'S LICENSE SUSPENSION OF A PERSON CONVICTED OF THE OFFENSE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 22, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Peeler, Hinson and Lee of the Committee of Conference on the part of the Senate on S. 397:
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.
Very respectfully,
President

No. 6

Received as information.

REPORT RECEIVED

The following was received.

REPORT BY CLERK OF THE HOUSE OF SALE OF 1986
SOUTH CAROLINA LEGISLATIVE MANUAL

In accordance with the action taken by the General Assembly on April 9, 1963, and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:
Cash on hand     $ 10.00
Total number of manuals sold from
January 14, 1986 to April 21, 1987
2274 @ $4.00 each     $ 9,096.00
Total     $9,106.00

Accounting:
Cash on Hand     $ 10.00
Cash Deposited in State's
General Fund     $ 9,096.00
Total     $9,106.00

An itemized list of the purchasers of the Manual is available in the Clerk's Office.

Lois T. Shealy
Clerk of the House
April 22, 1987

Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 2576 -- Reps. L. Phillips, Altman, Nesbitt, Day, Thrailkill, O. Phillips, McCain, Stoddard, Simpson, Williams, McGinnis, Fair, Beasley, Townsend, Kay and J.C. Johnson: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES BY STUDENTS IN GRADES NINE THROUGH TWELVE, SO AS TO PROVIDE THAT A STUDENT MAY MEET THIS REQUIREMENT BY PASSING A TOTAL OF FIVE ACADEMIC COURSES AND MAINTAINING A PASSING AVERAGE OR ALL COURSES TAKEN IN THE PRECEDING SEMESTER.

Ordered for consideration tomorrow.

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

S. 425 -- Education Committee: A BILL TO AMEND SECTION 59-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION IN REVIEWING THE EDUCATION IMPROVEMENT ACT AND CREATION OF THE PUBLIC ACCOUNTABILITY DIVISION, SO AS TO CHANGE THE DATE FOR ELIMINATION OF THE DIVISION FROM THREE YEARS FROM THE DATE OF IMPLEMENTATION OF THE ACT TO SIX YEARS, TO PROVIDE FOR THE DUTIES OF THE DEPUTY SUPERINTENDENT, AND TO REVISE THE DUTIES OF THE DIVISION.

Ordered for consideration tomorrow.

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

S. 426 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE FROM NOVEMBER FIRST TO FEBRUARY FIRST THE DATE THE BASIC SKILLS ADVISORY COMMISSION AND THE STATE BOARD OF EDUCATION SHALL REPORT TO THE SELECT COMMITTEE ON AN ANALYSIS OF TEST SCORES AND DATA FOR THE PRECEDING SCHOOL YEAR.

Ordered for consideration tomorrow.

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

S. 428 -- Education Committee: A BILL TO AMEND SECTION 59-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF THE CAPABILITIES OF PERSONS BEING CONSIDERED AS ELEMENTARY OR SECONDARY SCHOOL PRINCIPALS, SO AS TO PROVIDE FOR AN ANNUAL INSTEAD OF A QUARTERLY REPORT ON THE ASSESSMENT AND TO REVISE THE REQUIREMENTS OF THE REPORT.

Ordered for consideration tomorrow.

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

S. 432 -- Education Committee: A BILL TO AMEND SECTION 59-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELECT COMMITTEE WHICH MAKES RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION ON IMPLEMENTING THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO DELETE THE PROVISIONS REQUIRING THE STATE DEPARTMENT OF EDUCATION TO REPORT ANNUALLY TO THE COMMITTEE ON MANAGEMENT RECOMMENDATIONS TO SCHOOL DISTRICTS AND ON THEIR RESPONSES TO THE RECOMMENDATIONS.

Ordered for consideration tomorrow.

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

S. 433 -- Education Committee: A BILL TO AMEND SECTION 59-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR EVALUATING QUALITY OF EDUCATION, THE REVIEW COMMITTEE, AND IMPLEMENTATION OF RECOMMENDATIONS BY SCHOOL DISTRICTS, SO AS TO CHANGE THE REFERENCE TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM.

Ordered for consideration tomorrow.

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

S. 434 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE THE REFERENCES TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM TESTS MANDATED BY THE EDUCATION FINANCE ACT OF 1977 AND TO AUTHORIZE INSTEAD OF REQUIRE THAT STUDENTS SCORING ABOVE THE TWENTY-FIFTH PERCENTILE BE PLACED IN THAT PROGRAM OR THE BASIC SKILLS ASSESSMENT PROGRAM.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3059 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE SERGEANT MAJOR J. B. BURKE OF CLARENDON COUNTY ON HIS FORTIETH YEAR OF SERVICE TO THIS STATE AND COUNTRY AS A MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3060 -- Rep. Williams: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE APPROPRIATELY THE DEPARTMENT'S MOTOR VEHICLE DIVISION DRIVER'S LICENSE AND REGISTRATION FACILITY TO BE BUILT IN LADSON, BERKELEY COUNTY, AS "THE MARGARET H. RUSH HIGHWAY AND PUBLIC TRANSPORTATION BUILDING".

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3061 -- Reps. Harvin, Rice, Beasley, D. Martin, Thrailkill, McLellan, T.C. Alexander, White, Mattos, Simpson, Wells, Lockemy, McGinnis, Hawkins, J.W. Johnson, Boan, Clyborne, M.O. Alexander, McElveen, Lewis, Chamblee, Gentry, P. Harris, J.H. Burriss, McAbee, Carnell, L. Martin, Hendricks, J. Rogers, O. Phillips, Nesbitt, Wilder, McCain, Foster, Shelton, Hodges, Stoddard, Keyserling, Altman, Davenport, Arthur, Pettigrew, Blackwell, Barfield, Wilkins, J. Harris, Williams, Jones, Sharpe, G. Brown, Taylor, Neilson, H. Brown, J.C. Johnson, T. Rogers, E.B. McLeod, Toal, L. Phillips, Nettles, McBride, Petty, Faber, Corning, Koon, Kay, Washington, Klapman, Foxworth, Cooper and Gilbert: A CONCURRENT RESOLUTION COMMENDING AND CONGRATULATING OUR FRIEND AND COLLEAGUE, THE HONORABLE THOMAS N. RHOAD, UPON BEING HONORED BY DENMARK TECHNICAL COLLEGE WITH THE NAMING OF RHOAD HALL IN RECOGNITION OF HIS DEDICATION TO IMPROVING THE QUALITY OF EDUCATION AND TO DESIGNATE MONDAY, APRIL 27, 1987, AS "TOM RHOAD DAY" IN BAMBERG COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3062 -- Charleston Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF HENRY J. LEE, JR., OF WADMALAW ISLAND, CHARLESTON COUNTY, UPON HIS TRAGIC DEATH.

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

CONCURRENT RESOLUTION

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

S. 675 -- Senators Doar, Land and Long: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY, 1987, AS "SOUTH CAROLINA TOURISM MONTH".

Whereas, South Carolina offers a wide variety of outstanding scenic, historic, recreational, and vacation attractions, and an abundance of things to see, do, and enjoy during all seasons of the year and in all areas of the State from the mountains, lakes, parks, and resort islands to the beaches of our coast; and

Whereas, tourism and travel is the second largest industry in our State, bringing in over three billion dollars and providing direct employment for over eighty-five thousand residents, with direct and indirect jobs from the industry totaling one hundred forty-three thousand dollars; and

Whereas, the State and all South Carolinians benefit from the economic impact of visitors, including the direct infusion of one hundred seventy-four million dollars in state and local tax revenues, expansion of local tax bases, and creation of additional tax revenues as tourism-travel dollars circulate through the State; and

Whereas, the latest available statistics from the South Carolina Tax Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Employment Security Commission, the South Carolina Treasurer's Office, and other state sources reveal that tourism-generated income, jobs, and tax revenues in South Carolina have continued to increase and represent a bright spot in South Carolina's economy; and

Whereas, tourism and travel is an industry that blends with other economic and industrial progress and is compatible with the protection of our vital natural resources and enhancement of the quality of life for all residents of the State. Now, therefore,

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

That the month of May, 1987, be designated as South Carolina Tourism Month with special observances the week of May 17-23, 1987, which has been designated by Congress as National Tourism Week.

Be it further resolved that the Department of Parks, Recreation and Tourism be urged to continue its program to increase tourism in South Carolina through its tourism advertising program and other promotions, conduct research on the tourism industry, and report the progress of travel and tourism business periodically to the General Assembly.

Be it further resolved that all South Carolinians be encouraged to utilize the vacation opportunities in our fine State and express their appreciation to our visitors by continuing to provide them with the friendly and gracious hospitality that has done so much over the years to establish South Carolina as a major tourism and travel destination known for its "smiling faces and beautiful places".

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. 693 -- Senator Pope: A CONCURRENT RESOLUTION TO CONGRATULATE MR. CHARLES K. DOOLITTLE OF NEWBERRY UPON BEING NAMED THE 1986 RECIPIENT OF THE SOUTH CAROLINA FORESTRY ASSOCIATION'S "OUTSTANDING LOGGER AWARD" FOR HIS CONTRIBUTIONS TO THE LOGGING INDUSTRY.

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. 694 -- Senator Pope: A CONCURRENT RESOLUTION TO CONGRATULATE MR. PAUL HAMILTON JETER, JR., OF CARLISLE IN UNION COUNTY UPON RECEIVING THE UNION COUNTY SENIOR CITIZEN OF THE YEAR AWARD FOR HIS CONTRIBUTIONS AND ACTIVITIES WITH THE SENIOR CITIZENS GROUP.

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. 695 -- Senator Pope: A CONCURRENT RESOLUTION TO RECOGNIZE THE SALUDA COUNTY ALCOHOL AND DRUG ABUSE COMMISSION FOR SPONSORING A FOUR-DAY FIVE HUNDRED MILE BIKE RIDE LAST WEEK THROUGH THE BLUE RIDGE PARKWAY TO PROMOTE WELLNESS AND ALTERNATIVES TO ALCOHOL AND DRUG ABUSE.

Whereas, the Saluda County Alcohol and Drug Abuse Commission sponsored a four-day five hundred mile bike ride last week through the Blue Ridge Parkway to promote wellness and alternatives to alcohol and drug abuse; and

Whereas, individuals and corporations were generous with donations to fund the project; and

Whereas, Mr. Jim Allen and Mr. Dewey Yeargin should be recognized for making the ride to demonstrate that with proper planning and training anyone can succeed at achieving their goals; and

Whereas, Mr. Allen and Mr. Yeargin serve as role models to youth and provide motivation for groups and individuals to "reach for the stars" in an effort to maintain high self-esteem and pride which are an important part of "Just Say No"; and

Whereas, the ride symbolizes the necessary cooperation, support, and actions needed to perform responsibly and to develop healthy support systems which are needed to maintain a drug-free lifestyle. Now, therefore,

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

That the members of the General Assembly recognize the Saluda County Alcohol and Drug Abuse Commission for sponsoring a four-day five hundred mile bike ride last week through the Blue Ridge Parkway to promote wellness and alternatives to alcohol and drug abuse.

Be it further resolved that copies of this resolution be forwarded to Mr. G. Daniel Neel, Executive Director of the Saluda County Alcohol and Drug Abuse Commission, Mr. Jim Allen, and Mr. Dewey Yeargin.

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. 696 -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE STANLEY ROBERTS, A JUNIOR AT LOWER RICHLAND HIGH SCHOOL, RICHLAND COUNTY, ON BEING NAMED BOYS' BASKETBALL PLAYER OF THE YEAR FOR 1987.

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

CONCURRENT RESOLUTION

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

S. 697 -- Senator Leatherman: A CONCURRENT RESOLUTION RECOGNIZING THE WEEK OF APRIL 5-11, 1987, AS NATIONAL BUILDING SAFETY WEEK, EXPRESSING HIGHEST TRIBUTE TO THE NUMEROUS CITY, COUNTY, AND STATE CODES-ENFORCEMENT OFFICIALS, AND COMMENDING THEM FOR THEIR COMMITMENT, DEDICATION, AND UNTIRING EFFORTS TO ASSURE THE HEALTH, SAFETY, AND WELFARE OF EVERY CITIZEN OF THIS STATE.

Whereas, the South Carolina Building Codes Council, the State Fire Marshal's Office, the State Fire Commission, and the Building Officials Association of South Carolina, as well as all city and county building, electrical, plumbing, mechanical, and fire prevention officials in the State, have joined together to support National Building Safety Week April 5-11, 1987; and

Whereas, the purpose of this event is to provide the citizens of this State with an awareness of the important health and safety services provided by codes-enforcement officials and inspectors; and

Whereas, it is altogether fitting and proper for the General Assembly to enhance public awareness and understanding of building safety, to recognize and commend publicly all city, county, and state codes-enforcement personnel, and to support the concept of National Building Safety Week. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, recognizes the week of April 5-11, 1987, as National Building Safety Week, expresses its highest tribute to the numerous city, county, and state codes-enforcement officials, and commends them for their commitment, dedication, and untiring efforts to assure the health, safety, and welfare of every citizen of this State.

Be it further resolved that a copy of this resolution be forwarded to Mr. William Anderson, Chairman of the South Carolina Building Codes Council, to Mr. Richard S. Campbell, State Fire Marshal, to Mr. Lewis B. Lee, Chairman of the State Fire Commission, and to Mr. William Ramsey, President of the Building Officials Association of South Carolina.

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. 698 -- Senator Lourie: A CONCURRENT RESOLUTION COMMENDING ROBERT JENKINS OF GREENVILLE FOR OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE ADVISORY COMMITTEE FOR IMPROVEMENT OF THE WORKERS' COMPENSATION LAWS.

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. 699 -- Senator Lourie: A CONCURRENT RESOLUTION COMMENDING MR. CLAUDE CROCKER OF LAURENS COUNTY FOR OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE ADVISORY COMMITTEE FOR IMPROVEMENT OF THE WORKERS' COMPENSATION LAWS.

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. 700 -- Senator Lourie: A CONCURRENT RESOLUTION COMMENDING DOUGLAS MCKAY, JR., OF COLUMBIA FOR OUTSTANDING SERVICE AS A MEMBER OF THE ADVISORY COMMITTEE FOR IMPROVEMENT OF THE WORKERS' COMPENSATION LAWS.

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. 3063 -- Reps. Harvin, Williams, G. Bailey, R. Brown, Davenport, Taylor, Day, Nesbitt, Shelton, Baxley, Petty, Stoddard, Fair, Wells, Faber, Hendricks, P. Bradley, McGinnis, Neilson, Ferguson, McBride and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-15-95 SO AS TO REQUIRE THE POINT OF ORIGIN OF FRUITS AND VEGETABLES SOLD IN THIS STATE TO BE DESIGNATED.

Referred to Committee on Agriculture and Natural Resources.

S. 279 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO DELETE A REFERENCE TO AN EMPLOYEE DISCHARGED BY AN ELECTED OFFICIAL, AND TO ADD A SPECIFIC REFERENCE THAT AN EMPLOYEE DISCHARGED BY THE ADMINISTRATOR OR DESIGNATED DEPARTMENT HEAD SHALL FOLLOW THE GRIEVANCE PROCEDURES AS ESTABLISHED BY COUNTY COUNCIL, BUT IF NO GRIEVANCE PROCEDURES ARE IN PLACE, TO ALLOW THE DISCHARGED EMPLOYEE TO REQUEST A HEARING BEFORE COUNTY COUNCIL.

Referred to Committee on Judiciary.

S. 476 -- Senator Waddell: A BILL TO AMEND CHAPTER 9 OF TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO ESTABLISH A MANDATORY HUNTER EDUCATION PROGRAM FOR PERSONS PURCHASING HUNTING LICENSES WHO WERE BORN AFTER DECEMBER 31, 1972, TO ALLOW RECIPROCITY FOR SUCCESSFUL COMPLETION OF COMPARABLE COURSES IN OTHER JURISDICTIONS, AND TO PROVIDE A PENALTY FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

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.

Referred to Committee on Ways and Means.

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              Blanding               Boan
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Brown, J.              Brown, R.
Burriss, J.H.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Corning                Dangerfield            Davenport
Day                    Derrick                Elliott
Evatt                  Faber                  Fair
Ferguson               Foster                 Foxworth
Gentry                 Gilbert                Gordon
Gregory                Harris, J.             Harris, P.
Harvin                 Haskins                Hawkins
Hearn                  Helmly                 Hendricks
Hodges                 Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Kirsh                  Klapman
Koon                   Lewis                  Limehouse
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McElveen
McGinnis               McKay                  McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Ogburn                 Pearce                 Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Simpson                Sturkie                Taylor
Thrailkill             Toal                   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 April 23, 1987.

Robert W. Hayes, Jr.              Dave C. Waldrop, Jr.
Robert N. McLellan                Mickey Burriss
John Felder                       Robert A. Kohn
Gene Stoddard                     James Lockemy
Total Present--119

STATEMENT OF ATTENDANCE

Rep. RUSSELL 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, April 22, 1987.

DOCTOR OF THE DAY

Announcement was made that Clarence E. Coker, Jr., of Manning, is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

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

H. 3052 -- Rep. Gregory: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT FOR CERTAIN PURPOSES, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF BONDS.

H. 3052--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. GREGORY, with unanimous consent, it was ordered that H. 3052 be read the third time tomorrow.

H. 2335--DEBATE ADJOURNED

Rep. McABEE moved to adjourn debate upon the following Bill until Tuesday, April 28, which was adopted.

H. 2335 -- Rep. McAbee: A BILL TO AMEND ACT 425 OF 1986, RELATING TO THE METHOD OF APPLYING DELINQUENT TAXES WHEN RECEIVED BY THE TREASURER OR DELINQUENT TAX COLLECTOR, SO AS TO PROVIDE THAT DELINQUENT TAXES MUST BE APPLIED TO THE OLDEST CHRONOLOGICAL DELINQUENCY ON THE PROPERTY ON WHICH THE DELINQUENT PAYMENT IS MADE RATHER THAN THE OLDEST OUTSTANDING DELINQUENCY.

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 581 -- Senators Shealy, Giese and Fielding: A BILL TO AMEND SECTIONS 52-7-20 AND 52-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AND COUNTY ATHLETIC COMMISSIONS, SO AS TO PERMIT THE CHAIRMAN OF THE STATE ATHLETIC COMMISSION TO CALL ADDITIONAL MEETINGS AND TO REQUIRE THAT HE CALL A MEETING UPON DIRECTION OF A MAJORITY OF THE COMMISSIONERS, TO REQUIRE THE APPOINTING BODY OF MEMBERS TO THE COUNTY ATHLETIC COMMISSIONS INSTEAD OF THE COUNTY COMMISSION TO FILE A RECORD OF APPOINTEES WITH THE STATE ATHLETIC COMMISSION, TO PROVIDE THAT THE COUNTY ATHLETIC COMMISSION SELECT ITS CHAIRMAN AND OFFICERS WHO SHALL RECEIVE PER DIEM, MILEAGE, AND SUBSISTENCE as AUTHORIZED BY THE COUNTY, AND TO PROHIBIT A PERSON FROM SERVING ON BOTH THE STATE AND COUNTY ATHLETIC COMMISSIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 52-7-15 AND 52-7-25 SO AS TO REQUIRE THE STATE ATHLETIC COMMISSION TO SELECT A CHAIRMAN AND OTHER OFFICERS AND PROVIDE THAT THE CHIEF OF THE STATE ATHLETIC COMMISSION MAY RECEIVE COMPENSATION AS PROVIDED BY THE GENERAL ASSEMBLY.

S. 330 -- Senator Dennis: A BILL TO AMEND SECTION 50-13-1165, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAPS AND EEL POTS, SO AS TO ALLOW THEM TO BE SUSPENDED ABOVE THE BOTTOM OF THE WATERS WHERE THEY ARE USED AT A DEPTH WHICH DOES NOT CREATE A HAZARD TO WATERCRAFT.

S. 274 -- Senators Setzler, Garrison, Horace C. Smith and Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 8-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO PROVIDE THAT EMPLOYEES MAY USE NOT MORE THAN FIVE DAYS OF SICK LEAVE ANNUALLY TO CARE FOR ILL MEMBERS OF THEIR IMMEDIATE FAMILIES AND TO DEFINE "IMMEDIATE FAMILY".

S. 536 -- Senators Setzler and Moore: A BILL TO AMEND ACT 425 OF 1986, RELATING TO THE METHOD OF APPLYING DELINQUENT TAXES WHEN RECEIVED BY THE TREASURER OR DELINQUENT TAX COLLECTOR, SO AS TO PROVIDE THAT DELINQUENT TAXES MUST BE APPLIED TO THE OLDEST CHRONOLOGICAL DELINQUENCY ON THE PROPERTY ON WHICH THE DELINQUENT PAYMENT IS MADE RATHER THAN THE OLDEST OUTSTANDING DELINQUENCY.

Rep. McABEE explained the Bill.

SENT TO THE SENATE

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

H. 2532 -- Reps. Altman, Snow, Pearce and Thrailkill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-715 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF VIOLATING STATUTES RELATING TO SHELLFISH SHALL HAVE HIS PERMIT FOR SHELLFISH CULTURE REVOKED, AND IT MUST NOT BE RENEWED FOR FIVE YEARS.

H. 2703 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-1276, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAG LIMITS FOR DEER AND RACCOON IN GAME ZONE NO. 10, SO AS TO DELETE THE PROVISION LIMITING THE NUMBER OF ANTLERED DEER THAT MAY BE KILLED EACH DAY.

H. 2732 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE HUNTING OF RACCOONS AND OPOSSUMS WITH ANY FIREARM, SAW, AX, ARTIFICIAL CALLING DEVICE, OR TREE-CLIMBING DEVICE DURING ANY PERIOD WHEN THEY MAY BE HUNTED WITHOUT FIREARMS, SO AS TO PERMIT THE USE OF MOUTH-OPERATED CALLING DEVICES DURING FIELD TRIALS.

H. 2758 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME WARDENS, SO AS ELIMINATE THE REFERENCE TO TWO-YEAR TERMS, RECORDING OF CERTIFICATES, AND TAXES AND FEES AND TO AMEND THE 1976 CODE BY CHANGING ALL REFERENCES TO GAME WARDEN TO CONSERVATION OFFICER.

H. 2573 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 12-37-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND RETURN OF MERCHANTS AND MANUFACTURERS' PROPERTY TO THE TAX COMMISSION FOR AD VALOREM TAX PURPOSES SO AS TO PROVIDE THAT THE TAX COMMISSION SHALL FORWARD THE ASSESSMENTS PREPARED AS A RESULT OF THE RETURNS SUBMITTED PURSUANT TO THIS SECTION TO THE APPROPRIATE LOCAL TAXING AUTHORITIES NO LATER THAN AUGUST FIFTEENTH OF THE APPLICABLE TAX YEAR.

H. 2598 -- Reps. Derrick and Evatt: A BILL TO AMEND ACT 452 OF 1986, RELATING TO THE DEDUCTION ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME FOR A TAXPAYER'S DEPENDENT "SPECIAL NEEDS CHILD", SO AS TO PROVIDE THAT THE DEDUCTION MAY BE CLAIMED BEGINNING WITH TAXABLE YEAR 1985.

H. 2783 -- Ways and Means Committee: A BILL TO AMEND SECTION 59-115-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE EDUCATION ASSISTANCE ACT SO AS TO REVISE THE DEFINITION OF "STUDENTS" FOR PURPOSES OF THE ACT THEREBY MAKING ANY QUALIFYING STUDENT RATHER THAN ONLY QUALIFYING RESIDENTS OF SOUTH CAROLINA ELIGIBLE FOR STUDENT LOANS.

Rep. McABEE explained the Bill.

H. 2816 -- Rep. McLellan: A JOINT RESOLUTION TO EXEMPT ANY AUTHORIZATION OF ADDITIONAL STATE CAPITAL IMPROVEMENT BONDS FOR THE DEPARTMENT OF CORRECTIONS FROM THE PROVISIONS OF SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE YEAR 1987 ONLY FOR THE PURPOSE OF COMPLYING WITH THE NELSON LAWSUIT SETTLEMENT.

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

H. 2501 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 23, 1987

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11: 45 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. McABEE the invitation was accepted.

S. 119--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

S. 119 -- Senators Garrison and Giese: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 4127Y), which was adopted.

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

/SECTION 1. Section 16-11-700(C) of the 1976 Code is amended to read:

"(C) Any person violating the provisions of this section shall be is guilty of a misdemeanor and upon conviction shall must be fined not less than fifty one hundred dollars nor more than two hundred dollars for each offense and, notwithstanding any other provision of law, magistrates. Magistrates and municipal courts shall have jurisdiction to try violations of this section. The provisions of this section apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage. The court, in lieu of any monetary fine imposed, may direct the substitution of litter-gathering labor under the supervision of the court, not to exceed one hour for each five dollars of fine imposed. However, for a second conviction under the provisions of this section, a minimum of five hours of community service must be imposed in addition to any fine. In addition to any other punishment authorized by this section, in the sound discretion of any court in which conviction is obtained such the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that such the person has deposited litter, any or all litter deposited thereon on the place or property by anyone prior to before the date of execution of sentence."

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

Amend title to conform.

Rep. SHARPE explained the amendment.

The amendment was then adopted.

Rep. BEASLEY proposed the following Amendment No. 2.

Amend as and if amended, by striking "Five" on line 2, page 119-2 and inserting in its place "twenty".

Amend title to conform.

Rep. BEASLEY explained the amendment.

Rep. FOXWORTH moved to adjourn debate upon the Bill, which was adopted.

H. 2480--DEBATE ADJOURNED

The following Bill was taken up.

H. 2480 -- Rep. McAbee: A BILL TO AMEND SECTION 57-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY SUPERVISION OF PUBLIC ROADS, HIGHWAYS, BRIDGES, AND FERRIES, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO RETAIN AN OTHERWISE ABANDONED ROAD OR PORTION OF SUCH ROAD AS A LIMITED ACCESS EASEMENT FOR ABUTTING PROPERTY OWNERS, AND TO PROVIDE FOR RELATED MATTERS CONCERNING THE EASEMENT AND THE COUNTY'S ORDINANCE, INCLUDING PENALTIES FOR VIOLATING THE ORDINANCE.

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 22, by the Committee on Education and Public Works.

Rep. McABEE explained the amendment.

Rep. TOAL moved to adjourn debate upon the Bill until Wednesday, April 29, which was adopted.

H. 2502--OBJECTIONS

The following Bill was taken up.

H. 2502 -- Rep. Ogburn: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION WITH RESPECT TO TEACHER TRAINING PROGRAMS, SO AS TO DELETE THE PROVISION THAT LIMITS UNDERGRADUATES MAJORING IN EDUCATION TO TAKING THE BASIC SKILLS EXAMINATION NO MORE THAN THREE TIMES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 4130Y).

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

/SECTION 1. Items (e) and (f) of Section 59-26-20(e) and (f) of the 1976 Code are amended to read:

"(e) Adopt program approval standards so that beginning with the 1982-83 school year all colleges and universities in this State that offer undergraduate degrees in education shall require that students successfully complete the basic skills examination that is developed in compliance with this act before final admittance into the undergraduate teacher education program. These program approval standards shall must include but not be limited to the following:

(1) A student may initially take the basic skills examination during his first or second year in college.

(2) Students may be allowed to take the examination no more than three times. If a student fails to pass the examination three times, the student may take the examination a fourth time upon application to and approval by the State Board of Education.

(3) If a student has not passed the examination, he may be conditionally admitted to a teacher education program. Such The admittance shall may not exceed one year. If he has not passed the examination within one year of the conditional admittance he shall may not continue in the teacher education program.

Provided, that in In addition to the above approval standards, beginning in 1984-85, additional and upgraded approval standards must be developed, in consultation with the Commission on Higher Education, and promulgated by the State Board of Education for these teacher education programs.

(f) Administer the basic skills examination provided for in this section at least two times per a year."

SECTION 2. Section 59-26-40 of the 1976 Code is amended to read:

"Section 59-26-40. A person who receives holding a valid South Carolina teaching certificate as provided in meeting the requirements of Section 59-26-30 may be employed initially by any South Carolina school district under a nonrenewable provisional contract. The provisional contract period may not be less than ninety days and not more than one school year. All school districts shall comply with procedures and requirements promulgated by the Board of Education relating to aid, supervision, and evaluation of persons teaching under a provisional contract. All teachers working under a provisional contract must be paid at least the beginning salary on the state minimum salary schedule.

Each school district shall use the evaluation instrument developed in accordance with Section 59-26-30 to observe all provisional contract teachers at least three times. The results of the observations must be compiled to constitute an evaluation and must be provided to the teacher in writing. Each school district shall give provisional contract teachers appropriate advice and assistance to help remedy any deficiencies that are detected by the three required observations. The advice and assistance includes, but is not limited to, state procedures and programs developed in accordance with Section 59-26-30. Following this remediation, those teachers who do not initially perform at the level required by the evaluation instrument must be observed three more times and the results of the observations must be compiled to constitute a second evaluation.

At the end of a one-year the provisional contract period, the evaluation must be reviewed by the school district to determine if the provisional contract teacher has performed at the level required by the evaluation instrument. If the evaluation indicates that the provisional contract teacher has performed in an adequate manner, the teacher is eligible for an annual contract. If the evaluation indicates that the provisional teacher is deficient in teaching ability, the school district may employ the teacher for an one additional year under a provisional contract period or the district may terminate his the teacher's employment. If employment is terminated, another school district may employ him under a new one-year the teacher for one provisional contract period. No person may be employed as under a provisional teacher contract for more than two years contract periods. This paragraph does not preclude his the teacher's employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education. During the one-year provisional contract period the employment and dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25, of Title 59 of the 1976 Code do not apply.

After successful completion of the one-year provisional contract period, a teacher who is fully certified may be employed by any school district under a one-year an annual contract. The decision by the school district to continue a teacher's employment beyond an annual contract must be based on written evaluations conducted at least two times annually using an evaluation instrument that at least meets the criteria established by the State Board of Education for an acceptable instrument. Additionally, any teacher who has more than one year of teaching experience outside this State and holds a valid South Carolina teaching certificate may be employed initially by any school district under an annual contract. The 'annual' contract period may not be less than ninety days and not more than one school year.

Each school district shall use an instrument that at least meets the criteria established by the State Board of Education to evaluate all annual contract teachers. The evaluation shall include at least two observations. Evaluators Observers shall complete a program of reliability training. School districts shall give the The results of a the teacher's evaluation must be provided to the teacher in writing to the teacher and. Each school district shall counsel him annual contract teachers concerning his their strengths and weaknesses as a teacher. School districts shall use deficiencies identified by the evaluations of teachers on annual contracts as a guide to the establishment of staff development programs.

At the end of the annual contract period, the evaluation must be reviewed by the school district to determine if the teacher has performed at the level required by the school district. If the evaluation indicates that the teacher has performed in an adequate manner, the teacher is eligible for a continuing contract. If the evaluation indicates that the teacher is deficient in teaching ability, the school district may emploY the teacher for one additional annual contract period or the district may terminate the teacher's emploYment. If employment is terminated, another school district may employ the teacher for one annual contract period. A No teacher may be employed for a maximum of two years under an annual contracts contract for more than two contract periods. This paragraph does not preclude his the teacher's employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education. During the annual contract period the employment and dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25, of Title 59 do not apply.

The teacher failing to receive the annual or continuing contract must not be employed as a classroom teacher in any public school in this State for a minimum of two years. Prior to reentry as a provisional or annual contract teacher, he must complete six units of credit for certification renewal and six units of credit for remediation in areas of identified deficiencies. The teacher shall reenter at the contract level which he had attained before dismissal and continue toward the next contract level. The provisions of this paragraph granting an opportunity for reentry into the profession are available to a teacher once, and only once.

A person who receives a conditional teaching certificate as provided in Section 59-26-30 may be employed by a school district under a provisional contract or an annual contract in accordance with the provisions of this section. The holder of a conditional teaching certificate must be employed to teach at least a majority of his instructional time in the subject area for which he has received conditional certification.

After the successful completion of a provisional year and one annual contract, a teacher shall receive a continuing contract and have full procedural rights that currently exist under law relating to employment and dismissal. The provisions of Article 5, Chapter 25, of Title 59 of the 1976 Code and Article 3, Chapter 19, of Title 59 do not apply to teachers working under one-year annual contracts.

Teachers working under a one-year the provisions of an annual contract who are not recommended for reemployment at the end of the year contract period may have an informal hearing before the district superintendent. The superintendent shall schedule the hearing no sooner than seven nor later than thirty working days after he receives a request from the teacher for a hearing. At the hearing all of the evidence must be reviewed by the superintendent. The teacher may provide such information, testimony, or witnesses as the teacher.considers necessary. The decision by the superintendent must be given in writing within twenty days of the hearing. The teacher may appeal the superintendent's decision to the school district board of trustees. Any such appeal shall must include a brief statement (1) of the questions to be presented to the board, and (2) wherein why the teacher believes the superintendent to have erred in his judgment. Failure to file such an the appeal with the board within ten days of the receipt of the superintendent's decision shall cause the decision of the superintendent to become results in its becoming the final judgment in the matter. The board of trustees shall review all the materials presented at the earlier hearing and, after examining these materials, the board may or may not grant the request for a board hearing of the matter. Written notice of the board's decision on whether or not to grant the request must be rendered within thirty-five calendar days of the receipt of the request. If the board determines that hearing by the board is warranted, the teacher must be given written notice of the time and place of the hearing which must be set not sooner than seven nor later than fifteen days from the time of the board's determination to hear the matter. The decision of the board is final.

If a person has completed an approved teacher training program at a college or university outside this State and has no teaching experience, he must have the same status as a person who has completed such program at a college or university in this State. If a person has completed an approved teacher training program at a college or university in this State, has passed the examination he is required to take for certification purposes, and has one year of teaching experience, he may be employed by a school district as a provisional teacher. If a person has completed an approved teacher training program at a college or university outside this State, has passed the examination he is required to take for certification purposes, and is required to take for certification purposes, and has more than one year of teaching experience, he may be employed by a school district as one who has completed the one-year pervisional period.

After successful completion of the annual contract period, a teacher who is fully certified must be employed under a continuing contract. The continuing contract teacher has full procedural rights that currently exist under the law relating to employment and dismissal. When a any teacher has been awarded a continuing contract in one district of the State the continuing status is transferable to any other district in the State where the teacher is employed.

Each school district shall use an instrument that at least meets the criteria established by the State Board of Education to evaluate all continuing contract teachers. Continuing contract teachers must be evaluated at least once every three years. Observers shall complete a program of reliability training. The results of the teacher's evaluation must be provided to the teacher in writing. Each school district shall counsel continuing contract teachers concerning their strengths and weaknesses. School districts shall use deficiencies identified by the evaluations of teachers on continuing contracts as a guide to the establishment of staff development programs.

The provisional or annual contract teacher failing to advance to the next contract level after two contract periods may not be employed as a classroom teacher in any public school in this State for a minimum of two years. Prior to reentry, the teacher shall complete six units of credit for certificate renewal and six units of credit for remediation in areas of identified deficiencies. The teacher shall reenter at the contract level previously attained for one additional contract period and continue toward the next contract level. The provisions of this paragraph granting an opportunity for reentry into the profession are available to a teacher only once.

Teachers certified under the trades and industrial education certification process are exempt from the provisions of the South Carolina Education Improvement Act of 1984 which require the completion of scholastic requirements for teaching at an approved college or university and a provisional contract period. The teachers may be employed by a school district for a maximum of five years under an annual contracts contract for a maximum of five contract periods prior to being employed under a continuing contract. Before being employed under a continuing contract these teachers shall pass the Basic Skills Examination developed in accordance with Section 59-26-30(b)(1), the state approved skill examination in their area which is currently required, the teaching examination developed in accordance with Section 59-26-30(b)(2), and successfully complete the performance evaluations as required for all teachers who are employed under provisional contracts. Certification renewal requirements for such teachers are those which are promulgated by the State Board of Education.

Prior to the initial employment of a teacher, the local school district shall request a criminal record history from the South Carolina Law Enforcement Division for past convictions of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. TOWNSEND explained the amendment.

Rep. T. ROGERS objected to the Bill.

Rep. TOWNSEND continued speaking.

Reps. KLAPMAN, LEWIS, WALDROP, HASKINS and LIMEHOUSE objected to the Bill.

H. 2641--INTERRUPTED DEBATE

The following Bill was taken up.

H. 2641 -- Reps. Davenport, H. Brown, G. Brown, Sharpe, Toal, R. Brown, Taylor, M.D. Burriss, Gilbert, L. Phillips, McEachin, Mattos, Foxworth, T.C. Alexander, Baker, Petty, Fair, Keyserling, Ferguson, Jones, Hayes, Kay, Whipper, Klapman, Altman, Townsend, T. Rogers, McGinnis, Haskins, P. Harris, Mappus, T.M. Burriss, P. Bradley, Simpson, Barfield, Corning, G. Bailey, J.H. Burriss, K. Bailey, E.B. McLeod, Wells, Russell, Derrick, D. Martin, Gentry, Hearn and J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1235 SO AS TO PROHIBIT TINTING OR CHANGING THE COLOR OF A MOTOR VEHICLE LICENSE PLATE OR REVALIDATION STICKER AND TO PROVIDE PENALTIES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 4100Y).

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 56-3-1235. When displayed on a motor vehicle, it is unlawful for a person to: (1) tint or change the color of a motor vehicle license plate or revalidation sticker, or (2) change the appearance or color of the license plate or revalidation sticker by applying a covering or by placing the plate or sticker behind a covering.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined no more than two hundred dollars or imprisoned not to exceed thirty days."

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

Amend title to conform.

Rep. ALTMAN explained the amendment.

LEAVE OF ABSENCE

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

Rep. ALTMAN continued speaking.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 1, Rep. ALTMAN having the floor.

RATIFICATION OF ACTS

At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R69) S. 456 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO STATE PERSONNEL AND GRIEVANCE COMMITTEE, DESIGNATED AS REGULATION DOCUMENT NUMBER 807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R70) S. 171 -- Senators Leatherman, Courson, Drummond, Fielding, Garrison, Hayes, Land, Lee, Lourie, Mitchell, Peeler, Pope, Powell, Saleeby, Nell W. Smith and Thomas E. Smith, Jr.: AN ACT TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT SYSTEMS, BY ADDING CHAPTER 17 SO AS TO ESTABLISH AN OPTIONAL RETIREMENT PROGRAM FOR THE PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.

(R71) S. 310 -- Senators Lee, Horace C. Smith and Peeler: AN ACT TO AMEND CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING SECTION 9-11-325 SO AS TO PROVIDE THAT MEMBERS OF THIS SYSTEM ARE ENTITLED TO SPECIAL ANNUITIES OR TO ADDITIONAL CREDITABLE SERVICE ON ACCOUNT OF THEIR OUT-OF-STATE SERVICE IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM ARE SO ENTITLED REGARDLESS OF WHETHER OR NOT THIS OUT-OF-STATE SERVICE WAS AS A POLICE OFFICER OR IN ANOTHER CAPACITY NOT AS A POLICE OFFICER.

(R72) S. 509 -- Judiciary Committee: AN ACT TO AMEND THE TITLE TO ACT 533 OF 1986, RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT, SO AS TO MAKE CERTAIN TECHNICAL CORRECTIONS.

(R73) S. 329 -- Senator Dennis: AN ACT TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO CONSTRUCT A WATER CONTROL STRUCTURE ON BIGGIN CREEK IN THE OLD SANTEE STATE PARK IN BERKELEY COUNTY.

(R74) S. 388 -- Senators McGill, Thomas E. Smith, Jr. and Leatherman: AN ACT TO PROVIDE THAT SCHOOL DISTRICT NO. 3 OF FLORENCE COUNTY INCLUDES THAT PORTION OF WILLIAMSBURG COUNTY KNOWN AS THE PERGAMOS AREA.

(R75) S. 270 -- Senator Waddell: A JOINT RESOLUTION AUTHORIZING THE SOUTH CAROLINA TAX COMMISSION TO TRANSFER FUNDS FROM THE WARRANT REVOLVING FUND TO THE TAX STUDY COMMISSION AND THE STATE BUDGET AND CONTROL BOARD CIVIL CONTINGENT FUND.

(R76) S. 608 -- Senator Long: AN ACT TO AMEND ACT 114 OF 1959, AS AMENDED, RELATING TO THE HORRY COUNTY HIGHER EDUCATION COMMISSION, SO AS TO FURTHER PROVIDE FOR THE AUTHORIZED TAX LEVY FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST OF CERTAIN GENERAL OBLIGATION BONDS OF THE COUNTY ISSUED FOR THE AUTHORIZED PURPOSES OF THE COMMISSION, AND TO PROVIDE FOR THE USE OF ANY SURPLUS REMAINING AFTER PAYMENT OF THIS DEBT SERVICE.

(R77) S. 445 -- Senator Land: AN ACT TO AMEND SECTION 50-9-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY NONRESIDENT FISHING LICENSE, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE LICENSEE TO FISH IN ANY OF THE WATERS OF THIS STATE FOR A PERIOD OF SEVEN, RATHER THAN TEN, SPECIFIED CONSECUTIVE DAYS, AND TO DECREASE THE FEE FOR THE LICENSE FROM TWENTY DOLLARS AND FIFTY CENTS TO ELEVEN DOLLARS.

(R78) S. 503 -- Senators Nell W. Smith and Pope: AN ACT TO AMEND ACT 480 OF 1986, RELATING TO THE REGULATION OF THE SALE, USE, AND STORAGE OF EXPLOSIVES, SO AS TO DECREASE THE REQUIRED AMOUNT OF LIABILITY INSURANCE OF BLASTERS.

(R79) S. 56 -- Senator Hayes: AN ACT TO AMEND SECTION 2-1-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE MEMBERS OF STATE BOARDS AND COMMISSIONS, SO AS TO MAKE THE TERM OF LEGISLATIVE MEMBERS OF STATE BOARDS OR COMMISSIONS COTERMINOUS WITH THEIR TERM OF OFFICE IN THE GENERAL ASSEMBLY.

(R80) S. 431 -- Senator Thomas E. Smith, Jr.: AN ACT TO AMEND SECTION 18-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAPERS FILED WITH THE CLERK OF COURT IN CRIMINAL APPEALS FROM MAGISTRATES, AND SECTION 22-3-790, RELATING TO TESTIMONY OF WITNESSES IN MAGISTRATES' COURTS, SO AS TO PROVIDE THAT TESTIMONY TAKEN DOWN BY A STENOGRAPHER OR ELECTRONICALLY RECORDED DOES NOT NEED TO BE READ AND SIGNED BY THE WITNESSES.

(R81) S. 98 -- Senator Peeler: AN ACT TO AMEND SECTION 16-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILLEGAL USE OF STINK BOMBS, TEARGAS BOMBS, AND SIMILAR DEVICES, SO AS TO ADD SMOKE BOMBS AND SIMILAR DEVICES; TO PROVIDE THAT THE USE OF SUCH A DEVICE WHICH MAY INFLICT INJURY OR CAUSE FEAR SUFFICIENT TO INCITE A RIOT OR CONDITIONS OF PANIC IS UNLAWFUL; TO ADD STADIUMS AND ARENAS AND SIMILAR STRUCTURES AS LOCATIONS WHERE THE USE OF THE DEVICES ARE UNLAWFUL; TO PROVIDE THAT USE OF THE DEVICES IN CLOSE PROXIMITY TO LISTED STRUCTURES IS UNLAWFUL; TO INCREASE THE PENALTIES FOR VIOLATIONS FROM IMPRISONMENT FOR NOT MORE THAN ONE YEAR AND A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH, TO IMPRISONMENT FOR NOT MORE THAN THREE YEARS OR A FINE OF NOT MORE THAN THREE THOUSAND DOLLARS, OR BOTH; TO PROVIDE THAT WHEN A VIOLATION CAUSES SOMEONE BODILY HARM THE PENALTY MUST BE IMPRISONMENT FOR NOT MORE THAN TEN YEARS OR BY A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS, OR BOTH; AND TO PROVIDE THAT THE COURT MAY ORDER ALL OR A PORTION OF A FINE TO BE PAID TO PERSONS INJURED AS A RESULT OF THE VIOLATION TO RECOVER NECESSARY MEDICAL EXPENSES.

(R82) S. 275 -- Senator Drummond: AN ACT TO AMEND SECTION 50-9-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BLIND PERSONS, ORPHANS, AND BOY AND GIRL SCOUTS BEING EXEMPT FROM HUNTING AND FISHING LICENSE REQUIREMENTS UNDER CERTAIN CONDITIONS, SO AS TO INCLUDE MENTALLY RETARDED PERSONS WITHIN THE PROVISIONS OF THIS SECTION.

(R83) S. 455 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO CITY, COUNTY, AND REGIONAL HOUSING AUTHORITY BOND ISSUES FOR MULTIFAMILY HOUSING PROJECTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R84) H. 2056 -- Rep. Kirsh: AN ACT TO AMEND SECTION 23-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES WHEN THEY OCCUR MORE THAN ONE YEAR PRIOR TO THE NEXT GENERAL ELECTION FOR COUNTY SHERIFFS AND TO PROVIDE FOR THE APPOINTMENT BY THE GOVERNOR WHEN A SHERIFF HAS BEEN INDICTED.

(R85) H. 2080 -- Rep. Kay: AN ACT TO AMEND SECTION 40-47-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS AND THE MATTER OF REEXAMINATION FOR LICENSURE, SO AS TO PROVIDE THAT, IF THE APPLICANT HAS NOT MET THE CRITERIA OF THE STATE BOARD OF MEDICAL EXAMINERS FOR PASSING THE EXAMINATION AFTER THREE TAKINGS, HE IS NOT PERMITTED TO RETAKE THE EXAMINATION AND ANY SCORE RECEIVED AFTER THREE TAKINGS MAY NOT BE CONSIDERED EXCEPT BY SPECIAL PERMISSION OF THE BOARD, REQUIRE THE APPLICANT TO DEMONSTRATE SPECIAL OR COMPELLING CIRCUMSTANCES IN ORDER TO HAVE A FOURTH TAKING CONSIDERED, PROVIDE FOR A PETITION FOR SPECIAL PERMISSION, AND PROVIDE THAT, IF AN INDIVIDUAL IS GRANTED SPECIAL PERMISSION TO HAVE THE RESULTS OF A FOURTH TAKING OF THE EXAMINATION CONSIDERED AND HE STILL HAS NOT PASSED THE EXAMINATION AS REQUIRED BY THE BOARD, NO FURTHER ATTEMPTS AT OR SCORES FROM THE EXAMINATION MAY BE CONSIDERED BY THE BOARD.

(R86) H. 2606 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE REQUIRED OF BORROWERS UNDER THE CONSUMER FINANCE LAW, SO AS TO PROVIDE THAT MINIMUM CHARGES OF TWO DOLLARS MAY BE MADE IN CONNECTION WITH THE REQUIRED INSURANCE AND THAT NO REFUND UNDER TWO DOLLARS MUST BE MADE IN CONNECTION WITH THE CANCELLATION OF THE INSURANCE.

(R87) H. 2802 -- Reps. Bennett and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE CALENDAR YEAR 1987 ONLY, ON THE EDISTO RIVER THE CLOSED SEASON FOR THE TAKING OF SHAD COMMENCES ON MAY FIRST, RATHER THAN APRIL TWENTIETH, FROM THE MOUTH OF PENNY CREEK TO THE HEADWATERS OF THE EDISTO.

(R88) H. 2328 -- Reps. Gregory, White, McTeer, Rhoad and Wilder: AN ACT TO AMEND SECTION 50-11-986, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING IN GAME ZONE 11, SO AS TO PROVIDE THAT FOXES MAY BE HUNTED AS PROVIDED BY SECTION 50-11-400 INSTEAD OF AS PROVIDED BY SECTION 50-11-750.

(R89) H. 2439 -- Rep. T. Rogers: AN ACT TO AMEND SECTION 37-2-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS MAKING CONSUMER CREDIT SALES, AND SECTION 37-3-305, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS MAKING CONSUMER LOANS, SO AS TO INCREASE THE FEE REQUIRED TO BE PAID WHEN THE SCHEDULE IS FILED; TO AMEND SECTION 37-6-203, RELATING TO ANNUAL NOTIFICATION FILINGS REQUIRED TO BE MADE UNDER THE CONSUMER PROTECTION CODE, SO AS TO INCREASE THE CERTAIN FEES REQUIRED IN CONJUNCTION WITH THE NOTIFICATION FILINGS; AND TO AMEND SECTION 38-50-120, RELATING TO REGISTRATION OF CLUB REPRESENTATIVES UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO INCREASE THE FEE REQUIRED FOR THIS REGISTRATION.

(R90) H. 2202 -- Reps. Tucker and Huff: AN ACT TO AMEND SECTION 17-22-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO INCREASE THESE FEES, AND TO REQUIRE CERTAIN AUDITS OF FUNDS PAID INTO THE PRETRIAL INTERVENTION PROGRAM OF EACH CIRCUIT BY THE STATE AUDITOR.

(R91) H. 2774 -- Rep. Blackwell: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GOLDEN REGIMENT BOOSTERS ASSOCIATION, INC., OF TRAVELERS REST IN GREENVILLE COUNTY.

(R92) H. 2755 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS, RELATING TO THE RELEASE OF INMATES PURSUANT TO THE PRISON OVERCROWDING POWERS ACT AND PUBLIC SERVICE WORK, DESIGNATED AS REGULATION DOCUMENT NUMBER 798, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R93) H. 2201 -- Reps. Tucker and Huff: AN ACT TO AMEND SECTION 56-5-2945, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONY DUI, SO AS TO INCREASE THE PENALTY FOR VIOLATION, PROVIDE THAT NO PART OF THE MANDATORY SENTENCES REQUIRED MAY BE SUSPENDED AND PROBATION MAY NOT BE GRANTED FOR ANY PORTION, AND TO DEFINE "GREAT BODILY INJURY" FOR PURPOSES OF THE SECTION.

(R94) H. 2162 -- Reps. Edwards and D. Martin: AN ACT TO AMEND SECTION 7-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING, SO AS TO PROVIDE THAT THE ENVELOPE IN WHICH A VOTER PLACES AN ABSENTEE BALLOT MUST BE MARKED "BALLOT HEREIN", TO PROVIDE THAT THE ENVELOPE MAY BE DELIVERED PERSONALLY, BY MAIL, OR BY AN AUTHORIZED PERSON, AND TO PROVIDE A PROCEDURE FOR DELIVERY BY AN AUTHORIZED PERSON.

(R95) H. 2018 -- Reps. J. Bradley, Boan and P. Bradley: AN ACT TO AMEND SECTIONS 38-29-140 AND 38-29-150, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF FORMS BY INSURERS WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, AND SECTION 38-29-360, RELATING TO APPEALS FROM ACTIONS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO CONFORM PROCEDURES GOVERNING APPEALS UNDER THE INSURANCE HOLDING COMPANY REGULATORY ACT TO THE PROCEDURES GOVERNING OTHER TYPES OF APPEALS FROM ORDERS OF THE CHIEF INSURANCE COMMISSIONER.

(R96) H. 2296 -- Reps. Rudnick, Washington, J. Brown and Jones: AN ACT TO AMEND SECTION 20-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF LIQUOR BY MINORS AND A PERSON FALSELY REPRESENTING HIS AGE FOR THE PURPOSE OF PROCURING ALCOHOLIC LIQUOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.

(R97) H. 2016 -- Reps. J. Bradley, Boan and P. Bradley: AN ACT TO PROVIDE A PLAN FOR THE WRITING OF PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONALS LICENSED AND REGULATED BY THE STATE THROUGH A JOINT UNDERWRITING ASSOCIATION UPON A FINDING OF AN EMERGENCY BY THE INSURANCE COMMISSION BECAUSE THIS INSURANCE IS NOT AVAILABLE THROUGH NORMAL MEANS OR ON A REASONABLE BASIS TO PROFESSIONALS LICENSED AND REGULATED BY THE STATE.

(R98) H. 2448 -- Rep. T.M. Burriss: AN ACT TO AMEND SECTION 34-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLISHING BY BANKING INSTITUTIONS CALLED FOR BY THE STATE BOARD OF BANK CONTROL, SO AS TO REQUIRE THE STATEMENT TO BE PUBLISHED WHERE THE BANKING INSTITUTION WAS ESTABLISHED INSTEAD OF WHERE LOCATED.

THE HOUSE RESUMES

At 11:55 A.M. the House resumed, the SPEAKER in the Chair.

H. 2641--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. ALTMAN having the floor.

H. 2641 -- Reps. Davenport, H. Brown, G. Brown, Sharpe, Toal, R. Brown, Taylor, M.D. Burriss, Gilbert, L. Phillips, McEachin, Mattos, Foxworth, T.C. Alexander, Baker, Petty,. Fair, Keyserling, Ferguson, Jones, Hayes, Kay, Whipper, Klapman, Altman, Townsend, T. Rogers, McGinnis, Haskins, P. Harris, Mappus, T.M. Burriss, P. Bradley, Simpson, Barfield, Corning, G. Bailey, J.H. Burriss, K. Bailey, E.B. McLeod, Wells, Russell, Derrick, D. Martin, Gentry, Hearn and J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1235 SO AS TO PROHIBIT TINTING OR CHANGING THE COLOR OF A MOTOR VEHICLE LICENSE PLATE OR REVALIDATION STICKER AND TO PROVIDE PENALTIES.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1 by the Committee on Education and Public Works.

Rep. ALTMAN continued speaking.

The amendment was then adopted.

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

S. 616--POINT OF ORDER

The following Bill was taken up.

S. 616 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 25 OF TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS SO AS TO PROVIDE COMPREHENSIVE LEGISLATION TO REGULATE HEALTH MAINTENANCE ORGANIZATIONS IN THIS STATE.

POINT OF ORDER

Rep. THRAILKILL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 627--POINT OF ORDER

The following Bill was taken up.

S. 627 -- Senator Waddell: A BILL TO AMEND ACT 423 OF 1986, RELATING TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE THE REQUIRED JULY 1, 1989, EXPIRATION DATE OF THE COUNCIL IN ORDER TO MAKE THE COUNCIL PERMANENT.

POINT OF ORDER

Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 23, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 2159:
H. 2159 -- Reps. Hearn, Day, Moss, Limehouse, Wilkins, Haskins, Toal and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-27-15 SO AS TO PROVIDE INTERPRETERS FOR A DEAF PERSON WHO IS PARTY TO ANY LEGAL PROCEEDING OR A WITNESS THEREIN OR CONFINED TO ANY INSTITUTION.

Very respectfully,
President

No. 008

Received as information.

H. 2159--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

REPORTS OF STANDING COMMITTEES

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

H. 2457 -- Reps. Altman and Thrailkill: A BILL TO AMEND SECTION 50-17-1022, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GILL NETS USED FOR SHAD FISHING, SO AS TO REDUCE THE PERMISSIBLE MINIMUM STRETCH MESH SIZE OF A GILL NET FROM FOUR AND ONE-HALF INCHES TO THREE AND ONE-HALF INCHES.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, and Rep. BARFIELD, for the minority, submitted an unfavorable report, on:

H. 2837 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD FISHING ON THE SANTEE RIVER, SO AS TO PROHIBIT THE NETTING OF SHAD ON THE NORTH AND SOUTH SANTEE RIVERS AND THEIR TRIBUTARIES.

Ordered for consideration tomorrow.

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

H. 2838 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-21-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT RELATIVE TO BOATING, SO AS TO ADOPT FEDERAL STATUTES AND REGULATIONS PERTAINING TO WATERCRAFT AND WATERCRAFT SAFETY AS THE LAW OF THIS STATE.

Ordered for consideration tomorrow.

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

H. 2872 -- Rep. Pearce: A BILL TO AMEND SECTION 2-22-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA JOINT COMMITTEE ON AQUACULTURE, THE COORDINATION OF AQUACULTURE AND MARICULTURE DEVELOPMENT, AND THE ESTABLISHMENT OF AN INTERAGENCY ADVISORY STAFF, SO AS TO INCLUDE THE SOUTH CAROLINA WATER RESOURCES COMMISSION AND THE SOUTH CAROLINA STATE DEVELOPMENT BOARD AMONG THE AGENCIES AND INSTITUTIONS REPRESENTED ON THE INTERAGENCY ADVISORY STAFF.

Ordered for consideration tomorrow.

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

H. 2948 -- Rep. Pearce: A BILL TO REPEAL CHAPTER 45, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAINT LAW.

Ordered for consideration tomorrow.

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

H. 2949 -- Rep. Pearce: A BILL TO AMEND SECTION 39-41-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF ETHYL OR METHYL ALCOHOL SOLD FOR FUEL OR PRODUCTION OF GASOHOL, SO AS TO REVISE THE DEFINITION OF GASOHOL, PROVIDE FOR THE PRODUCTION OF MOTOR FUEL, AND PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE IN LIMITING OXYGENATES.

Ordered for consideration tomorrow.

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

H. 3010 -- Rep. Elliott: A BILL TO AMEND SECTION 50-17-1055, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED DISTANCE OF COMMERCIAL FISHING DEVICES FROM FISHING PIERS OR MANMADE JETTIES, SO AS TO PROVIDE THAT THE ACTIVITIES REFERRED TO IN THIS SECTION ARE NOT BARRED WITHIN THE CORPORATE LIMITS OF A MUNICIPALITY WHOSE NORTHERN AND SOUTHERN BOUNDARIES ARE LOCATED BETWEEN TWO FISHING PIERS WHICH ARE NOT MORE THAN ONE THOUSAND ONE HUNDRED FIFTY YARDS DISTANT FROM EACH OTHER.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3064 -- Reps. Gilbert and Faber: A CONCURRENT RESOLUTION TO DESIGNATE THURSDAY, MAY 14, 1987, AS "BOYS' CLUB DAY" IN SOUTH CAROLINA AND TO INVITE ALL CONTESTANTS FOR THE YOUTH OF THE YEAR AWARD AND THEIR CLUB DIRECTORS TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE AT 10:30 ON THURSDAY, MAY 14, 1987, TO RECOGNIZE AND COMMEND THE CONTESTANTS, THEIR CLUB DIRECTORS, AND THE RECIPIENT OF THE SOUTH CAROLINA BOYS' CLUB YOUTH OF THE YEAR AWARD.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3065 -- Rep. Cooper: A BILL TO AMEND SECTION 40-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS WITH REGARD TO CHIROPRACTORS AND CHIROPRACTIC PRACTICE, SO AS TO REVISE AND DELETE CERTAIN DEFINITIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-9-15 SO AS TO PRESCRIBE CERTAIN UNAUTHORIZED PRACTICES BY CHIROPRACTORS.

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

S. 119--DEBATE ADJOURNED

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

S. 119 -- Senators Garrison and Giese: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.

H. 3050--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3050 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 787, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. THRAILKILL made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3051--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3051 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO PREPAID DENTAL SERVICE, DESIGNATED AS REGULATION DOCUMENT NUMBER 740, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. KLAPMAN made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

ORDERED TO THIRD READING

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

S. 488 -- Senators Williams and Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CERTAIN RELATIONSHIPS AND TRANSACTIONS BETWEEN BEER WHOLESALERS, MANUFACTURERS, AND RETAILERS SO AS TO FURTHER PROVIDE FOR THESE PROHIBITED RELATIONSHIPS AND TRANSACTIONS, INCLUDING PROVISIONS WHICH PROHIBIT ANY PERSON FROM HAVING OWNERSHIP OR FINANCIAL INTERESTS IN MORE THAN ONE "TIER" OF THE BEER BUSINESS, DEFINE "TIERS" FOR THIS PURPOSE, AND TO PROVIDE EXCEPTIONS.

Rep. WILKINS explained the Bill.

OBJECTION TO MOTION

Rep. DANGERFIELD asked unanimous consent that S. 488 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 2753--OBJECTIONS WITHDRAWN
AND DEBATE ADJOURNED

Upon the withdrawal of objections by Reps. ARTHUR, KLAPMAN and GREGORY, the following Joint Resolution was taken up.

H. 2753 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 822, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 2639--OBJECTION

Rep. LEWIS, with unanimous consent, objected to the following Bill.

H. 2639 -- Reps. Helmly, Day, H. Brown, Williams, Holt, Dangerfield, D. Martin, G. Bailey and Washington: A BILL TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE FOR ADDITIONAL POWERS; AND TO AMEND SECTION 58-31-80, RELATING TO THE PURPOSE AND OBLIGATIONS OF THE AUTHORITY, SO AS TO PROVIDE AN ADDITIONAL PURPOSE.

H. 2449--SENATE AMENDMENTS AMENDED
AND RETURNED TO THE SENATE

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

H. 2449 -- Rep. T.M. Burriss: A BILL TO AMEND CHAPTER 29 OF TITLE 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUSTEES, BY ADDING SECTION 21-29-90 SO AS TO DEFINE AN "AFFILIATED TRUST COMPANY", AUTHORIZE ANY BANK TO DESIGNATE AN AFFILIATED TRUST COMPANY AS ITS AGENT FOR THE PERFORMANCE OF ALL ACTS, OBLIGATIONS, AND RESPONSIBILITIES OF THE BANK WITH RESPECT TO ANY FIDUCIARY OR OTHER CAPACITY, AND PROVIDE THAT THE BANK IS FULLY RESPONSIBLE AND LIABLE FOR ALL ACTIONS OF THE TRUST COMPANY AND TO PROHIBIT CERTAIN ACTS IN THE AGENCY RELATIONSHIP.

Rep. DANGERFIELD proposed the following Amendment No. 1 (Doc. No. 4253Y), which was adopted.

Amend the bill, as and if amended, in subsection (B) of Section 21-29-90 of the 1976 Code, as contained in SECTION 1, page 1, line 43, by inserting after /fiduciary/ /or/.

Amend title to conform.

Rep. DANGERFIELD explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 2451--SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

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

H. 2451 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-3-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF BANKS AND TRUST COMPANIES TO CONSOLIDATE OR MERGE AND PROVIDE FOR THE SALE OF THE ASSETS TO ANOTHER BANK OR TRUST COMPANY, SO AS TO PROVIDE FOR TRANSFERS WITHOUT CONSIDERATION OF TRUST COMPANY ASSETS AND BUSINESS TO AND FROM A RELATED BANK.

Rep. WILKINS explained the Senate amendment.

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.

SENT TO THE SENATE

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

H. 2625 -- Reps. Wilkins, McElveen, H. Brown, Haskins, Gentry, J.W. Johnson, Arthur, Hendricks, Gregory, Short, D. Martin, Huff, McEachin, Hayes, Baxley, Nettles, Clyborne and Toal: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, BY ADDING SECTION 56-1-365 SO AS TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, AND TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS.

Rep. WILKINS explained the Bill.

H. 2463 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND ARTICLE 9, SUBARTICLE 3, CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-933, SO AS TO PROVIDE THAT ANY DEGREE, JUDGMENT, OR ORDER REGARDING CHILD SUPPORT OF THIS OR ANY OTHER STATE MAY BE MODIFIED ONLY AS TO INSTALLMENTS ACCRUING SUBSEQUENT TO FILING AND DUE NOTICE OF AN ACTION FOR MODIFICATION AND ONLY UPON A SHOWING OF CHANGED CIRCUMSTANCES, AND TO PROVIDE THAT ALL FOREIGN DECREES, JUDGMENTS, OR ORDERS OF CHILD SUPPORT MUST BE GIVEN FULL FAITH AND CREDIT IN THIS STATE IN THE MANNER PROVIDED BY LAW; AND TO AMEND SECTION 20-7-934, RELATING TO THE ENFORCEMENT OR MODIFICATION OF ORDERS OF OTHER COURTS BY THE FAMILY COURT, SO AS TO PROVIDE THAT THE AUTHORITY OF THE FAMILY COURT TO ENFORCE OR MODIFY THESE ORDERS IS SUBJECT TO THE LIMITATIONS CONTAINED IN SECTION 20-7-933.

H. 2794 -- Rep. T. Rogers: A BILL TO AMEND ARTICLE 1, CHAPTER 11 OF TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE OFFICERS AND EMPLOYEES BY ADDING SECTION 8-11-83 SO AS TO PROVIDE THAT THE COMPTROLLER GENERAL SHALL, UPON REQUEST OF EMPLOYEES OF THE STATE, MAKE DEDUCTIONS FROM THE COMPENSATION OF THE EMPLOYEES FOR THE PAYMENT OF MEMBERSHIP DUES FOR THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION.

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.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HENDRICKS.

H. 2537--AMENDED AND ORDERED TO THIRD READING

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.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 22, by Reps. GREGORY and J. ROGERS.

The amendment was then adopted.

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

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

Yeas 99; Nays 0

Those who voted in the affirmative are:

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

Total--99

Those who voted in the negative are:

Total--0

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

H. 2187--DEBATE ADJOURNED

Rep. BLACKWELL moved to adjourn debate upon the following Bill, which was adopted.

H. 2187 -- Reps. Keyserling, Evatt, T. Rogers, White, Toal, Rudnick, Foxworth, J. Harris, Lewis, Shelton, Neilson, J. Rogers, Moss, Whipper, Hearn and McTeer: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE LICENSES, SO AS TO INCREASE THE MARRIAGE LICENSE FEE FROM ONE DOLLAR TO SIX DOLLARS, AND TO AMEND SECTION 20-1-370, RELATING TO THE DISPOSITION OF MARRIAGE LICENSE FEES, SO AS TO PROVIDE THAT THE INCREASE IN THESE FEES MUST BE USED FOR BATTERED SPOUSE AND FAMILY VIOLENCE PROGRAMS OF THE DEPARTMENT OF SOCIAL SERVICES.

H. 2197--DEBATE ADJOURNED

Rep. McEACHIN moved to adjourn debate upon the following Bill, which was adopted.

H. 2197 -- Reps. McEachin, McKay, R. Brown, Harvin, J.W. McLeod, Gilbert, Thrailkill, Pearce, Nettles, J. Harris, Lockemy, Neilson, J. Rogers, Keyserling, Altman, Elliott, Barfield, Foster, Baxley, Boan, Cordon, Ogburn, Blanding, Short, Kirsh, Hayes and Beasley: A BILL TO AMEND SECTION 59-119-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO PROVIDE THAT OF THE SIX MEMBERS OF THE BOARD ELECTED BY THE GENERAL ASSEMBLY, ONE MUST BE ELECTED FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE ON A PHASE-IN BASIS, AND TO PROVIDE THE PROCEDURES FOR ELECTING THESE MEMBERS AND THEIR TERMS OF OFFICE.

H. 2361--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 2361 -- Reps. Davenport, T. Rogers, Whipper, M.D. Burriss, Townsend, Winstead, J. Bradley, J.C. Johnson, Rhoad, Sharpe, M.O. Alexander, Faber, Haskins, Keyserling, Koon, O. Phillips, Baker, McElveen, G. Bailey, Kay, Holt, E.B. McLeod, L. Phillips, Rice, J. Harris, Nesbitt, Gilbert, Beasley, Hayes, Shelton, Mattos, Felder, Clyborne, Edwards, Stoddard, Corning, Sturkie, Neilson, Klapman, Hawkins, Simpson, T.C. Alexander, Hendricks, Hodges, Helmly, G. Brown, Dangerfield, Gentry, Sheheen, Pearce, Chamblee, Day, Thrailkill, Taylor, J.W. McLeod, McBride, Waldrop, Toal, McGinnis, Wells, Gregory, Huff, R. Brown, Arthur, Barfield, Lewis, Petty, T.M. Burriss, Russell, Cooper, H. Brown, Hearn, Washington, Rudnick, McEachin, Jones, Tucker, Elliott, Fair, J. Rogers, Mappus, Altman, Snow, McTeer and Foxworth: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO ADOPT SAFETY STANDARD NO. 205, (GLAZING MATERIALS) OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND TO PROVIDE THAT THE STANDARDS PROVISIONS ALSO APPLY TO INDIVIDUALS AND PROHIBIT THEM FROM MODIFYING THEIR MOTOR VEHICLE WINDOWS IN VIOLATION OF SAFETY STANDARD NO. 205.

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

Amend as and if amended, by adding a new sentence on line 35, page 2 of the Bill, as written, which shall read, "This Bill shall not apply to anyone tinting windows for medical reasons."

Add new Section "The exemption will be noted on the registration card of the vehicle issued by the Highway Department."

Rep. ALTMAN explained the amendment.

The amendment was then adopted.

Rep. ALTMAN proposed the following Amendment No. 2, which was adopted.

Amend the bill, as and if amended, by striking Section 2 and inserting:

/SECTION 2. The provisions of section 1 of this act shall apply to all vehicles manufactured' after the effective date of this act upon the effective date of this act. The provisions of Section 1 shall apply to all other vehicles three years from the effective date of this act.

SECTION 3. This act shall take affect upon approval by the Governor./

Amend title to conform.

Rep. ALTMAN explained the amendment.

Rep. AYDLETTE moved to table the amendment which was not agreed to by a division vote of 13 to 58.

Rep. ALTMAN continued speaking.

The amendment was then adopted.

Rep. McABEE proposed the following Amendment No. 3 (Doc. No. 2821Y), which was tabled and reconsidered.

Amend the bill, as and if amended, in Section 56-5-5015, as contained in SECTION 1, page 2, by striking the period on line 35 and inserting:

/but the provisions of this section do not apply to motor vehicle glass not in compliance prior to January 1, 1987./

Amend title to conform.

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

Rep. TOAL moved to reconsider the vote whereby the amendment was tabled, which was agreed to.

Rep. McABEE explained the amendment.

Rep. TOAL 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 Amendment No. 3.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 23, 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. 180:
S. 180 -- Senator Hayes: A BILL TO AMEND SECTION 23-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES AND COMMISSIONS OF SHERIFFS, SO AS TO FURTHER PROVIDE FOR THESE FEES AND COMMISSIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 23, 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. 319:
S. 319 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 IN TITLE 12, SO AS TO ENACT THE SOUTH CAROLINA ESTATE TAX ACT APPLICABLE TO DECEDENTS DYING AFTER JUNE 30, 1991; TO AMEND SECTIONS 12-15-61, 12-15-251, and 12-15-550, RELATING TO AMOUNTS SPECIFICALLY EXEMPT FROM THE SOUTH CAROLINA ESTATE TAX, SO AS TO INCREASE THE EXEMPTION IN PHASES UNTIL THE EFFECTIVE DATE OF THE SOUTH CAROLINA ESTATE TAX ACT; TO AMEND SECTION 12-49-70, RELATING TO THE PERIOD AFTER WHICH TAXES ARE PRESUMED TO BE PAID, SO AS TO EXEMPT THE RECAPTURE ESTATE TAX FROM THE PRESUMPTION; TO AMEND SECTION 12-54-70, RELATING TO ENFORCEMENT AND COLLECTION OF TAXES, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 2-801 OF THE SOUTH CAROLINA PROBATE CODE, RELATING TO DISCLAIMERS, SO AS TO CORRECT A CROSS-REFERENCE; TO REPEAL CHAPTER 15 OF TITLE 12, RELATING TO THE ESTATE TAX, FOR DECEDENTS DYING AFTER JUNE 30, 1991; TO REPEAL CHAPTER 17 OF TITLE 12, RELATING TO THE GIFT TAX, EFFECTIVE FOR GIFTS MADE AFTER DECEMBER 31, 1991; AND TO REPEAL SECTIONS 12-15-1540 AND 12-15-1550, RELATING TO THE ESTATE TAX, EFFECTIVE JULY 1, 1987.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 2869 -- Reps. Sheheen, J. Rogers, Dangerfield, Hawkins, McLellan, Pearce, L. Phillips, Toal and Wilkins: A BILL TO AMEND CHAPTER 27 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GASOLINE TAXES, BY ADDING ARTICLE 13 SO AS TO IMPOSE ADDITIONAL TAXES ON THE SALE OF GASOLINE, PROVIDE FOR AN ADDITIONAL CREDIT FOR CERTAIN FUEL PURCHASES IN THE STATE, PROVIDE FOR THE DISTRIBUTION AND USE OF REVENUE DERIVED FROM THE ADDITIONAL TAX, PROVIDE THAT OF THE PROCEEDS DERIVED FROM THE ADDITIONAL TAXES TEN MILLION DOLLARS MUST BE SEGREGATED IN A SEPARATE ACCOUNT FOR ECONOMIC DEVELOPMENT AND PROVIDE FOR EXPENDITURES FROM THIS ACCOUNT, REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUBMIT A PRIORITY LIST OF PROJECTS TO BE FUNDED UNDER THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, REQUIRE THE DEPARTMENT TO REVIEW THE PRIORITY LIST IN ORDER TO ASCERTAIN THE POSSIBILITY OF CONSTRUCTING TOLL ROADS AND ESTABLISH CRITERIA FOR THEIR CONSTRUCTION, ESTABLISH A COMMITTEE TO MONITOR THE EXPENDITURE OF FUNDS FOR THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, AND TO REQUIRE THE DEPARTMENT TO COOPERATE IN PROVIDING INFORMATION AND ASSISTANCE TO IMPLEMENT THE PROVISIONS OF ARTICLE 13 OF CHAPTER 27 OF TITLE 12.

Ordered for consideration tomorrow.

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

H. 2930 -- Rep. McLellan: A JOINT RESOLUTION TO CONTINUE THE APPLICABLE PROVISIONS AND APPROPRIATIONS OF ACT 540 OF 1986 FOR A CERTAIN PERIOD.

Ordered for consideration tomorrow.

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

H. 2931 -- Rep. McLellan: A BILL TO ESTABLISH A PLAN FOR ALLOCATING THE STATE CEILING ON THE ISSUANCE OF PRIVATE ACTIVITY BONDS IMPOSED BY THE FEDERAL TAX REFORM ACT OF 1986, PUBLIC LAW 99-514.

Ordered for consideration tomorrow.

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

H. 2365 -- Reps. Koon, Sharpe and Thrailkill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-55 SO AS TO REQUIRE PIT BULL DOGS AND OTHER BREEDS OF DOGS WITH AN INBRED INSTINCT, OR WHICH ARE TRAINED, TO FIGHT OR ATTACK TO BE KEPT IN A FENCED OR OTHER ENCLOSURE FROM WHICH THE ANIMALS MAY NOT ESCAPE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

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

H. 2665 -- Reps. M.D. Burriss and McAbee: A BILL TO AMEND SECTION 39-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE REGULATION OF CORN MEAL AND GRITS, SO AS TO REVISE THE DEFINITION OF "APPROPRIATE FEDERAL AGENCY"; TO AMEND SECTION 39-29-40 RELATING TO THE LABELING OF CORN MEAL AND CORN GRITS IN THIS STATE SO AS TO FURTHER PROVIDE FOR THIS LABELING; AND TO AMEND SECTION 39-29-50 RELATING TO EXEMPTIONS FROM THE PROVISIONS REGULATING CORN MEAL AND GRITS SO AS TO PERMIT CORN MEAL MADE FROM CLEAN CORN TO BE SOLD IN PACKAGES OF TEN POUNDS OR LESS UNDER CERTAIN CONDITIONS AND TO PROVIDE PENALTIES FOR CERTAIN ADVERTISING VIOLATIONS.

Ordered for consideration tomorrow.

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

H. 2941 -- Rep. Townsend: A BILL TO AMEND SECTION 46-21-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLAINTS BY FARMERS AGAINST SEED DEALERS FOR FAILURE OF SEED TO PERFORM AS LABELED, SO AS TO PROVIDE THAT THE REQUIREMENTS FOR FILING A COMPLAINT MUST BE ATTACHED TO THE ANALYSIS LABEL ON THE PACKAGE CONTAINING THE SEED, OR POSTED IN A PROMINENT LOCATION ON THE PREMISES OF THE SEED DEALER'S PLACE OF BUSINESS, AT THE TIME OF PURCHASE BY THE FARMER, TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO FURNISH TO A SEED DEALER, UPON REQUEST, THE REQUISITE NOTICE FOR POSTING PURPOSES REGARDING THE REQUIREMENTS FOR FILING A COMPLAINT, ALLOW THE DEPARTMENT TO CHARGE A CERTAIN FEE FOR EACH NOTICE REQUESTED, REQUIRE THE DEPARTMENT TO PREPARE THE NOTICE USED FOR POSTING PURPOSES SO THAT THE NOTICE USED IS UNIFORM THROUGHOUT THE STATE, AND PROVIDE THAT THE ONLY NOTICE WHICH MAY BE USED FOR POSTING PURPOSES IS THAT FURNISHED BY THE DEPARTMENT.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

H. 3011 -- Reps. Harvin and Pearce: A BILL TO PROVIDE FOR ADDITIONAL LEGISLATIVE MEMBERS ON BOARDS AND COMMITTEES UNDER THE SUBJECT MATTER JURISDICTION OF THE AGRICULTURE AND NATURAL RESOURCES COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 705 -- Senator Moore: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONDOLENCES OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF W. FRED PITTS OF AIKEN COUNTY, WHO DIED APRIL 4, 1987.

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. 712 -- Senators Land, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF OUR FORMER COLLEAGUE, THE HONORABLE WILLIAM P. "BILLY" BASKIN, WHO REPRESENTED LEE COUNTY IN THE STATE SENATE, UPON HIS PASSING.

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

Rep. O. PHILLIPS moved that the House do now adjourn.

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

Yeas 46; Nays 53

Those who voted in the affirmative are:

Arthur                 Aydlette               Bailey, K.
Baxley                 Blackwell              Blanding
Bradley, J.            Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Carnell
Chamblee               Cooper                 Day
Derrick                Fair                   Ferguson
Foster                 Foxworth               Gilbert
Gregory                Harvin                 Helmly
Hendricks              Hodges                 Holt
Johnson, J.W.          Kirsh                  Koon
Mappus                 Martin, D.             Martin, L.
McAbee                 McElveen               McLellan
Phillips, O.           Rice                   Sharpe
Shelton                Simpson                Townsend
Washington             Whipper                Wilder
Wilkins

Total--46

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Baker                  Barfield
Beasley                Bradley, P.            Brown, J.
Clyborne               Corning                Dangerfield
Davenport              Edwards                Elliott
Evatt                  Faber                  Felder
Gentry                 Harris, J.             Haskins
Hawkins                Hayes                  Huff
Kay                    Keyserling             Klapman
Lewis                  Limehouse              McBride
McCain                 McEachin               McGinnis
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Pearce                 Pettigrew              Petty
Rogers, J.             Rogers, T.             Rudnick
Russell                Sheheen                Stoddard
Thrailkill             Toal                   Tucker
Wells                  White

Total--53

So, the House refused to adjourn.

H. 2361--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3.

H. 2361 -- Reps. Davenport, T. Rogers, Whipper, M.D. Burriss, Townsend, Winstead, J. Bradley, J.C. Johnson, Rhoad, Sharpe, M.O. Alexander, Faber, Haskins, Keyserling, Koon, O. Phillips, Baker, McElveen, G. Bailey, Kay, Holt, E.B. McLeod, L. Phillips, Rice, J. Harris, Nesbitt, Gilbert, Beasley, Hayes, Shelton, Mattos, Felder, Clyborne, Edwards, Stoddard, Corning, Sturkie, Neilson, Klapman, Hawkins, Simpson, T.C. Alexander, Hendricks, Hodges, Helmly, G. Brown, Dangerfield, Gentry, Sheheen, Pearce, Chamblee, Day, Thrailkill, Taylor, J.W. McLeod, McBride, Waldrop, Toal, McGinnis, Wells, Gregory, Huff, R. Brown, Arthur, Barfield, Lewis, Petty, T.M. Burriss, Russell, Cooper, H. Brown, Hearn, Washington, Rudnick, McEachin, Jones, Tucker, Elliott, Fair, J. Rogers, Mappus, Altman, Snow, McTeer and Foxworth: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO ADOPT SAFETY STANDARD NO. 205, (GLAZING MATERIALS) OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND TO PROVIDE THAT THE STANDARDS PROVISIONS ALSO APPLY TO INDIVIDUALS AND PROHIBIT THEM FROM MODIFYING THEIR MOTOR VEHICLE WINDOWS IN VIOLATION OF SAFETY STANDARD NO. 205.

AMENDMENT NO. 3--TABLED

Debate was resumed on Amendment No. 3, by Rep. McABEE.

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

Rep. McABEE spoke against the Bill.

Rep. FOXWORTH moved that the House do now adjourn.

POINT OF ORDER

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

Rep. FOXWORTH moved that the House recede for 10 minutes and then stand adjourned.

POINT OF ORDER

Rep. TOAL raised the Point of Order that a delayed adjournment motion was out of order.

The SPEAKER sustained the Point of Order.

Rep. McABEE continued speaking.

Rep. BLACKWELL moved that the House do now adjourn.

POINT OF ORDER

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

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

Yeas 48; Nays 44

Those who voted in the affirmative are:

Arthur                 Bailey, K.             Barfield
Bennett                Blackwell              Blanding
Bradley, J.            Brown, H.              Brown, J.
Brown, R.              Carnell                Chamblee
Cooper                 Day                    Faber
Fair                   Felder                 Foster
Foxworth               Gilbert                Harvin
Helmly                 Hendricks              Hodges
Holt                   Johnson, J.W.          Kay
Koon                   Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McElveen               McLeod, E.B.           Nesbitt
Nettles                Phillips, O.           Rice
Shelton                Simpson                Townsend
Waldrop                Washington             Whipper
Wilder                 Wilkins                Winstead

Total--48

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Baker                  Beasley
Bradley, P.            Burriss, M.D.          Clyborne
Corning                Dangerfield            Davenport
Derrick                Elliott                Evatt
Harris, J.             Haskins                Hawkins
Hayes                  Hearn                  Huff
Keyserling             Kirsh                  Klapman
Lewis                  Limehouse              McBride
McCain                 McEachin               McGinnis
McTeer                 Moss                   Neilson
Pettigrew              Petty                  Rudnick
Russell                Sheheen                Stoddard
Thrailkill             Toal                   Tucker
Wells                  White

Total--44

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. McABEE having the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3059 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE SERGEANT MAJOR J.B. BURKE OF CLARENDON COUNTY ON HIS FORTIETH YEAR OF SERVICE TO THIS STATE AND COUNTRY AS A MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD.

H. 3061 -- Reps. Harvin, Rice, Beasley, D. Martin, Thrailkill, McLellan, T.C. Alexander, White, Mattos, Simpson, Wells, Lockemy, McGinnis, Hawkins, J.W. Johnson, Boan, Clyborne, M.O. Alexander, McElveen, Lewis, Chamblee, Gentry, P. Harris, J.H. Burriss, McAbee, Carnell, L. Martin, Hendricks, J. Rogers, O. Phillips, Nesbitt, Wilder, McCain, Foster, Shelton, Hodges, Stoddard, Keyserling, Altman, Davenport, Arthur, Pettigrew, Blackwell, Barfield, Wilkins, J. Harris, Williams, Jones, Sharpe, G. Brown, Taylor, Neilson, H. Brown, J.C. Johnson, T. Rogers, E.B. McLeod, Toal, L. Phillips, Nettles, McBride, Petty, Faber, Corning, Koon, Kay, Washington, Klapman, Foxworth, Cooper and Gilbert: A CONCURRENT RESOLUTION COMMENDING AND CONGRATULATING OUR FRIEND AND COLLEAGUE, THE HONORABLE THOMAS N. RHOAD, UPON BEING HONORED BY DENMARK TECHNICAL COLLEGE WITH THE NAMING OF RHOAD HALL IN RECOGNITION OF HIS DEDICATION TO IMPROVING THE QUALITY OF EDUCATION AND TO DESIGNATE MONDAY, APRIL 27, 1987, AS "TOM RHOAD DAY" IN BAMBERG COUNTY.

H. 3062 -- Charleston Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF HENRY J. LEE, JR., OF WADMALAW ISLAND, CHARLESTON COUNTY, UPON HIS TRAGIC DEATH.

ADJOURNMENT

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

* * *


This web page was last updated on Tuesday, June 30, 2009 at 1:39 P.M.