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

TUESDAY, JANUARY 19, 1988

Tuesday, January 19, 1988
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

O God, our Father, help us to obey Your Lord, and to do to others as we would have them do unto us. Grant us Your guidance for our daily life and work. Give us enough of Your mind to possess respect and tolerance for the views and beliefs of others. May we understand others as we wish to be understood, to forgive as we would be forgiven. Give us the ability to enter into the feelings of others, to see things with their eyes, think matters with their minds, and to feel problems with their thoughts.

And what we here pray for ourselves we pray for all people.

In the Name of our great Redeemer, we make our prayer.

Amen.

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

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

REPORT RECEIVED

The following was received.

On motion of Rep. McEACHIN, with unanimous consent, the Personal Data Questionnaire Summary of George T. Gregory, Jr., which was omitted from the Judicial Screening Report, was ordered printed in the Journal.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     George T. Gregory, Jr.

Home Address:     Business Address:

McLure Woods Drive     P.O. Box 99

Chester, S.C. 29706     Chester, S.C. 29706

2.     He was born in McConnellsville, South Carolina on December 13, 1921

Social Security Number: ***-**-*****

4.     He was married to Willie Elliott on December 27, 1951. They have 2 children: George T., III, age 33 (law student) and William Elliott, age 31 (South Carolina Electric & Gas).

5.     Military Service: None

6.     He attended the University of South Carolina from 1939-1944. He received his AB Degree in 1943 and his LLB Degree in 1944.

8.     Legal Experience since graduation from law school:
He was in the general practice of law in Chester, South Carolina from 1944-1956.

15.     Judicial Office: Recorder, City of Chester He was elected by the Mayor and City Council. Served 1946-1950. The Jurisdiction of Recorder Court was limited to the Ordinances of the City of Chester. He resigned to offer, successfully, as candidate for the House of Representatives.

Circuit Judge - He was elected Judge of the Sixth Judicial Circuit February 8, 1956; qualified March 29, 1956. He served until elected Associate Justice of the Supreme Court of South Carolina on May 5, 1975; qualified October 1, 1975.

Associate Justice, The Supreme Court of South Carolina from 1975 to present.

16.     Public Office: Elected to House of Representatives in 1950. He served from 1951-1952. He was married on December 27, 1951 and did not offer for reelection. He was again elected to the House of Representatives in 1954. He served from 1955-March 29, 1956 when he resigned to qualify as Judge of the Sixth Judicial Circuit.

23.     Sued: He has not been sued personally. However, he has been joined as a nominal party to suits against the State by virtue of his positions of Circuit Judge and Supreme Court Justice. The Attorney General's Office has routinely defended these suits without his involvement and would know the details.

25.     Health is good.

27.     He was stricken with polio in 1924.

28.     He has occasional checkups following correction of prostate problem. His physician is James H. Herlong, M.D., Suite 2-C, 1333 Taylor Street, Columbia, S.C. 29201

32.     Civic, charitable, religious, educational, social, and fraternal organizations: Civic: Chester County Chamber of Commerce and Chester Little Theater; Charitable: Chester Area United Fund; Religious: First Baptist Church, Chester; Educational: U.S.C & Erskine College; Social: None; Fraternal: Phi Alpha Delta Law Fraternity

34.     Five letters of reference:

(a)     Ladson F. Stringfellow, Vice President

First Union National Bank of South Carolina

P.O. Box 10, Chester, S.C. 29706

(b)     Honorable J.B. Ness, Chief Justice

P.O. Box 909, Bamberg, S.C. 29003

(c)     Honorable A. Lee Chandler, Associate Justice

P.O. Drawer 9, Darlington, S.C. 29532

(d)     Honorable Ernest A. Finney, Jr.

P.O. Drawer 1309, Sumter, S.C.

(e)     Paul Hemphill, Jr., Esquire

P.O. Box 838, Chester, S.C. 29706

Received as information.

COMMUNICATION

The following was received.

THE STATE OF SOUTH CAROLINA
DEPARTMENT OF CONSUMER AFFAIRS

January 11, 1988
The Honorable Robert J. Sheheen
Speaker of The House of Representatives
P.O. Box 11867
Columbia, S.C. 29211

Dear Speaker Sheheen:

In Section three of Act Number 165 of 1987, the South Carolina General Assembly charged the Commission on Consumer Affairs, the Department of Insurance and the Commission on Aging with the task of studying the "Development of Life Care or Continuing Care Retirement Communities" in South Carolina.

A copy of the study group's report and a draft of proposed legislation on "Continuing Care Retirement Communities" is attached. It is recommended that the proposed legislation be referred to the Joint Legislative Committee on Aging for study and the conduct of hearings as may appear appropriate.

Sincerely,
Steven W. Hamm
Administrator

Received as information.

COMMUNICATION

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 19, 1988
The Honorable Patrick B. Harris, Chairman
Committee On Aging
Room 212, Blatt Building
Columbia, S.C. 29211

Dear Pat:

As you are probably aware, in Section three of Act Number 165 of 1987, the South Carolina General Assembly charged the Commission on Consumer Affairs, the Department of Insurance and the Commission on Aging with the task of studying the "Development of Life Care or Continuing Care Retirement Communities" in South Carolina.

In accordance with recommendation of Mr. Steven W Hamm, Administrator, Department of Consumer Affairs; Mr. John G. Richards, Chief Insurance Commissioner, S.C. Department of Insurance; and Mrs. Ruth Q. Seigler, Executive Director, S.C. Commission on Aging, that the proposed legislation concerning this issue be referred to the Committee on Aging for study and the conduct of hearings as may appear appropriate, I am hereby referring this proposed legislation to your committee.

A copy of the study group's report and a draft of the proposed legislation is enclosed.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS RECEIVED

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 18, 1988
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on January 18, 1988 regulations concerning Amusement Rides Safety Code from the S.C. Department of Labor.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 18, 1988
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on January 15, 1988 regulations concerning Guidelines for the Accreditation of South Carolina Schools and Districts from the State of S.C. Department of Education.

They are hereby referred to the Committee on Education and Public Works for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 14, 1988
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on January 14, 1988 regulations concerning Respiratory Care Practitioners - Annual Renewal and Late Fees; Continuing Education Requirements from the State Board of Medical Examiners.

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

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 14, 1988
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on January 14, 1988 regulations concerning Respiratory Care Practitioners - Definition of Qualified Physician Sponsorship from the State Board of Medical Examiners.

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

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS RESUBMITTED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 18, 1988
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives

Dear Mrs. Shealy:

The South Carolina Board of Pharmacy is hereby resubmitting regulations pertaining to Definitions, effective January 15, 1988. These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 18, 1988
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives

Dear Mrs. Shealy:

The South Carolina Board of Pharmacy is hereby withdrawing and simultaneously resubmitting with changes regulations pertaining to Pharmacist-in-Charge, effective January 15, 1988. These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Robert J. Sheheen

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., January 14, 1988

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. 363:
S. 363 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-125 SO AS TO REQUIRE WATERCRAFT TO SLOW TO NO WAKE SPEED WHEN OPERATED WITHIN TWO HUNDRED FEET OF PUBLIC BOAT LANDINGS OR RAMPS LOCATED ON LAKES AND RESERVOIRS CONSTRUCTED OR DEVELOPED FOR HYDROELECTRIC GENERATION AND TO PROHIBIT SWIMMING WITHIN FIFTY FEET OF THEM.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORT OF STANDING COMMITTEE

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

S. 688 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-420 SO AS TO PRESCRIBE THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD WITH RESPECT TO THE SPECIFICATIONS FOR, RECEIPT OF, PRINTING, AND DISTRIBUTION OF ANNUAL REPORTS OF STATE AGENCIES, DEPARTMENTS, AND INSTITUTIONS, AND TO PROHIBIT THE PRINTING OF THE REPORTS IN MULTICOLOR FORMAT.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3539 -- Ways and Means Committee: A CONCURRENT RESOLUTION TO PROVIDE THAT THE GENERAL ASSEMBLY RESCINDS ITS PREVIOUS CALL FOR A CONSTITUTIONAL CONVENTION TO BE CONVENED FOR THE PURPOSE OF CONSIDERING A BALANCED BUDGET AMENDMENT TO THE FEDERAL CONSTITUTION.

The Concurrent Resolution was ordered placed on the Calendar.

CONCURRENT RESOLUTION

The following was introduced:

H. 3540 -- Reps. Waldrop, T.M. Burriss, J.C. Johnson, Mappus, G. Bailey, Winstead, Blanding, Sturkie, Cork, T.C. Alexander, Blackwell, Edwards, Gentry, Faber, Keyserling, Washington, Foxworth, Humphries, M.O. Alexander, T. Rogers, Townsend, P. Harris, Thrailkill, McElveen, Dangerfield, Toal, Chamblee, Huff, Kay, Derrick, Bennett, D. Martin, K. Bailey, McTeer, Shelton, Mattos, P. Bradley, McCain, H. Brown, Helmly, Lanford, J. Harris, Burch, Moss, G. Brown, Williams, Petty, Davenport, Ferguson, Wells, Wilder, McGinnis, Elliott, Hayes, L. Phillips, J.H. Burriss, Lewis, Rudnick, McAbee, Carnell, McEachin, Haskins, McLellan, Kirsh, Nesbitt, O. Phillips, Arthur, Neilson, Hendricks and L. Martin: A CONCURRENT RESOLUTION CONGRATULATING THE CLEMSON UNIVERSITY "FIGHTING TIGER" FOOTBALL TEAM AND ITS COACH, DANNY FORD, ON THEIR CONVINCING WIN AT THE 1988 CITRUS BOWL.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3541 -- Reps. Hayes, Foster, Kirsh, Nesbitt and Short: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. JOSEPH MILLER "DODY" BRICE, JR., OF ROCK HILL IN YORK COUNTY, UPON HIS UNEXPECTED DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3542 -- Reps. J.W. McLeod, Boan, Kohn, J. Bradley, Dangerfield, P. Bradley and Blackwell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF O. SAM BOAN OF GREENVILLE, UPON HIS DEATH DURING THE LEGISLATIVE INTERIM.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1034 -- Senators Shealy, Setzler and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL BAND ON WINNING THE CLASS AAAA DIVISION OF STATE MARCHING BANDS CONTEST AT HARRY PARONE STADIUM AT SPRING VALLEY HIGH SCHOOL ON SATURDAY, OCTOBER 31, 1987, AND DISTINGUISHING ITSELF AS THE FINEST AMONG SOUTH CAROLINA'S BEST HIGH SCHOOL MARCHING BANDS.

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

HOUSE RESOLUTION

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

H. 3545 -- Rep. White: A HOUSE RESOLUTION TO AUTHORIZE THE MINISTERS WORKSHOP SPONSORED BY THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES FROM 9:00 A.M. TO 1:00 P.M. ON SATURDAY, JANUARY 23, 1988, TO REQUEST THE DIVISION OF GENERAL SERVICES TO PROVIDE FOR REASONABLE USE OF THE UNDERGROUND PARKING FACILITIES, AND TO ARRANGE FOR ASSISTANCE AND ACCESS BY THE STATE HOUSE SECURITY FORCES.

Be it resolved by the House of Representatives:

That the Ministers Workshop sponsored by the South Carolina Legislative Black Caucus is authorized to use the Hall of the House of Representatives from 9 a.m. to 1:00 p.m. on Saturday, January 23, 1988, without charge, if the House is not in statewide session on this day.

Be it further resolved that the Division of General Services is requested to provide for the underground parking facilities to be made available for reasonable use by this workshop, and that the State House security forces provide assistance and access necessary for this meeting in accordance with previous procedures.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 3547 -- Reps. Snow, T.M. Burriss, Simpson, M. Alexander, T. Alexander, Aydlette, G. Bailey, Baker, Baxley, Beasley, Bennett, P. Bradley, J.H. Burriss, Chamblee, Dangerfield, Elliott, Gregory, Hendricks, J.C. Johnson, Mattos, Pearce, Rhoad, T. Rogers, Stoddard, Taylor, Thrailkill, Townsend and Waldrop: A CONCURRENT RESOLUTION INVITING THE NATIONAL CHAMPION CLEMSON UNIVERSITY SOCCER TEAM AND ITS COACH, I.M. IBRAHIM, TO VISIT IN THE.HALL OF THE HOUSE OF REPRESENTATIVES AT 2:00 P.M. ON WEDNESDAY, FEBRUARY 3, 1988.

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

That the national champion Clemson University soccer team and its coach, I.M. Ibrahim, are invited to visit in the Hall of the House of Representatives at 2:00 p.m. on Wednesday, February 3, 1988.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3548 -- Reps. Snow, T.M. Burriss, Simpson, M. Alexander, T. Alexander, Aydlette, G. Bailey, Baker, Baxley, Beasley, Bennett, P. Bradley, J.H. Burriss, Chamblee, Dangerfield, Elliott, Gregory, Hendricks, J.C. Johnson, Mattos, Pearce, Rhoad, T. Rogers, Stoddard, Taylor, Thrailkill, Townsend and Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE BRUCE MURRAY, A SENIOR FORWARD WITH THE NATIONAL CHAMPION CLEMSON UNIVERSITY SOCCER TEAM, ON BEING NAMED THE WINNER OF THE HERMANN AWARD SIGNIFYING THE NATION'S TOP COLLEGE SOCCER PLAYER.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3549 -- Rep. J. Bradley: A CONCURRENT RESOLUTION TO COMMEND THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) FOR ITS FINE WORK IN PROVIDING RAIL TRANSPORTATION SERVICE TO THE CITIZENS OF SOUTH CAROLINA AND THE AMERICAN PUBLIC, AND TO RECOGNIZE THE EMPLOYEES OF THIS ORGANIZATION FOR RENDERING OUTSTANDING SERVICE TO AMTRAK PASSENGERS.

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

INTRODUCTION OF BILLS

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

H. 3543 -- Reps. Koon, Harvin, Waldrop, Sharpe, Baxley, Chamblee, Pettigrew, K. Bailey and G. Brown: A BILL TO AMEND CHAPTER 27, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR REFUNDS OF OR CREDITS ON GASOLINE AND OTHER MOTOR FUELS TAXES WHEN THE FUEL IS USED ON TRUCK EQUIPMENT FOR NONHIGHWAY PURPOSES.

Referred to Committee on Ways and Means.

H. 3544 -- Rep. J. Rogers: A BILL TO PROHIBIT DISCRIMINATION AGAINST ANY LICENSED CHIROPRACTOR WITH RESPECT TO THE DIAGNOSIS AND TREATMENT OF A CONDITION OR COMPLAINT, AND TO PROVIDE THAT EXAMINATION BY OR REFERRAL FROM A PHYSICIAN OR SURGEON MAY NOT BE REQUIRED AS A CONDITION PRECEDENT FOR RECEIPT OF CHIROPRACTIC CARE.

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

H. 3546 -- Rep. J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 56 SO AS TO ENACT THE TRUCKING INDUSTRY SAFETY, EDUCATION, AND ECONOMIC DEVELOPMENT RESEARCH ACT; TO AMEND SECTIONS 12-37-220, AS AMENDED, 12-43-220, 56-3-660, 56-3-785, 56-5-4205, 58-23-80, 58-23-330, 58-23-620, AND 58-23-920, RELATING TO MOTOR CARRIERS, SO AS TO PROVIDE FOR REDUCTION OF PROPERTY TAXES FOR USE OF VEHICLES OUTSIDE OF THE STATE, TO ASSESS PRIVATE AND FOR -HIRE MOTOR CARRIERS' PROPERTY AT NINE AND ONE-HALF PERCENT OF FAIR MARKET VALUE, TO PROVIDE THAT MILES TRAVELED IN STATES NOT MEMBERS OF THE INTERNATIONAL REGISTRATION PLAN ARE NOT CONSIDERED IN-STATE FLEET MILES, TO DELETE ADDITIONAL REGISTRATION FEES FOR VEHICLES WHICH EXCEED EIGHTY THOUSAND POUNDS GROSS VEHICLE WEIGHT, TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ACCEPT CHECKS OF MOTOR CARRIER COMPANIES, TO PROVIDE A FEE OF SEVENTY-FIVE DOLLARS FOR A PERMANENT REGISTRATION AND LICENSE PLATE, TO ALLOW OPEN-END PERMITS OR ANNUAL PERMITS FOR MOVEMENT OF OVERWEIGHT LOADS AND VEHICLES AND COMBINATIONS OF VEHICLES AND FOR OTHER NONCONFORMING MOVEMENTS AND TO PROVIDE FEES FOR THE PERMITS, TO INCREASE THE FINE PENALTIES FOR VIOLATIONS OF CHAPTER 23 OF TITLE 58 FROM NOT LESS THAN TWENTY-FIVE NOR MORE THAN ONE HUNDRED DOLLARS TO NOT LESS THAN FORTY-FIVE DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS, TO MAKE PENALTY PROVISIONS APPLICABLE TO VIOLATIONS OF SECTION 58-23-40 APPLICABLE TO VIOLATIONS OF SECTION 58-23-1150, TO PROVIDE THAT TWENTY PERCENT OF FINES COLLECTED UNDER PROVISIONS OF SECTION 58-23-80 MUST BE PAID TO THE PUBLIC SERVICE COMMISSION, TO PROVIDE CRITERIA FOR DETERMINING IF AN APPLICANT FOR A MOTOR CARRIER CERTIFICATE IS FIT, WILLING, AND ABLE, TO PROVIDE FOR THE PAYMENT OF FEES BY APPLICANTS FOR CERTIFICATES AND AMENDMENTS TO THEM, AND TO PROVIDE THAT APPLICANTS FOR SPECIALIZED MOTOR CARRIER AUTHORITY SHALL PROVE AUTHORITY AND EXPERTISE, TO PROHIBIT STATE POLITICAL SUBDIVISIONS FROM IMPOSING REGISTRATION FEES ON MOTOR CARRIERS, AND TO PROVIDE THAT CERTIFICATED MOTOR CARRIER COMPANIES MUST CARRY LIABILITY INSURANCE IN COVERAGE AMOUNTS REQUIRED BY THE INTERSTATE COMMERCE COMMISSION AND FEDERAL MOTOR CARRIER SAFETY REGULATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-37-460, 58-23-45, 58-23-650, 58-23-1150, AND 58-23-1160 SO AS TO PROVIDE THAT PERSONAL PROPERTY TAXES ON TRUCKS WEIGHING IN EXCESS OF TWENTY-SIX THOUSAND POUNDS MUST BE PAID IN ONE ANNUAL PAYMENT, TO REQUIRE THE PUBLIC SERVICE COMMISSION TO ENTER PREMISES AND INSPECT RECORDS AND DOCUMENTS OF PERSONS SUSPECTED OF VIOLATING LAWS RELATING TO MOTOR CARRIERS, TO AUTHORIZE THE ADOPTION OF THE NATIONAL GOVERNOR'S ASSOCIATION PLAN AUTHORIZING "ONE STOP SHOPPING", TO PENALIZE MOTOR CARRIERS WHO OPERATE VEHICLES WITH "OUT-OF-SERVICE" DEFECTS, TO PROVIDE FOR SAFETY COMPLIANCE AUDITS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Ways and Means.

S. 949 -- Senators Garrison and Powell: A BILL TO PROVIDE FULL MAGISTERIAL POWERS TO THE MINISTERIAL MAGISTRATES IN ANDERSON COUNTY TO BE EXERCISED AS DIRECTED BY THE CHIEF MAGISTRATE OF ANDERSON COUNTY.

Referred to Anderson Delegation.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Blackwell              Blanding               Boan
Bradley, J.            Brown, C.              Brown, H.
Brown, J.              Burch                  Burriss, M.D.
Burriss, T.M.          Chamblee               Cole
Cooper                 Cork                   Corning
Dangerfield            Davenport              Derrick
Edwards                Elliott                Faber
Fair                   Foster                 Gilbert
Gordon                 Harris, P.             Haskins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Huff                   Humphries              Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Lanford                Lewis                  Limehouse
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McKay
McLellan               McTeer                 Moss
Neilson                Nesbitt                Nettles
Pettigrew              Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Shelton
Short                  Simpson                Snow
Stoddard               Sturkie                Taylor
Thrailkill             Toal                   Townsend
Tucker                 Washington             Wells
Whipper                White                  Wilder
Wilkins                Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on January 19, 1988.

David Beasley                     Fred Day
E.B. McLeod, Jr.                  Dewitt Williams
Marion P. Carnell                 Jean L. Harris
Robert A. Kohn                    L. Edward Bennett
Eugene Foxworth, Jr.              Dave C. Waldrop
Larry Gentry                      H.E. Pearce, Jr.
J.H. Burriss                      Larry Koon
John G. Felder                    Tee Ferguson
John W. McLeod                    Robert B. Brown
Philip T. Bradley
Total Present--120

STATEMENT OF ATTENDANCE

Rep. M.D. BURRISS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, January 14, 1988.

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on January 19, 1988.

Alex Harvin     Jack Gregory

Howell Clyborne

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Edward Catalano of Columbia is the Doctor of the Day for the General Assembly.

H. 3536--DEBATE ADJOURNED

Rep. BLANDING moved to adjourn debate upon the following Bill until Wednesday, January 20, which was adopted.

H. 3536 -- Reps. Blanding, Baxley, G. Brown and E.B. McLeod: A BILL TO REVISE THE BOUNDARIES OF SUMTER SCHOOL DISTRICT NO. 17.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 139 -- Senator Setzler: A BILL TO AMEND SECTION 57-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITING FOREIGN SUBSTANCES ON HIGHWAYS, SO AS TO INCREASE THE PENALTY WHEN THE DEPOSIT IS LIKELY TO INJURE ANY PERSON, ANIMAL, OR VEHICLE AND TO PROVIDE FOR THE PENALTIES WHEN PERSONAL INJURY OR DEATH RESULTS FROM THE DEPOSIT.

S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.

SENT TO THE SENATE

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

H. 2910 -- Ethics Committee: A BILL TO AMEND SECTION 8-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM APPEARING BEFORE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION AND THE SOUTH CAROLINA INSURANCE COMMISSION IN RATE OR PRICE FIXING MATTERS AND TO DELETE THE PROHIBITION AGAINST PUBLIC OFFICERS AND EMPLOYEES SO APPEARING AND ALSO DELETE THE SOUTH CAROLINA DAIRY COMMISSION.

H. 2591 -- Rep. Davenport: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE FOR COPIES OF REGULATIONS AND AMENDMENTS TO BE GIVEN TO MEMBERS OF THE STANDING COMMITTEES TO WHICH THEY ARE ASSIGNED AND TO REQUIRE A TWENTY-DAY PERIOD AFTER AMENDMENT AND RECEIPT OF THE AMENDMENT FOR CONSIDERATION BEFORE THE REGULATION TAKES EFFECT.

H. 2871 -- Rep. L. Martin: A BILL TO AMEND SECTION 16-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DISORDERLY CONDUCT, SO AS TO FURTHER DEFINE THE TERM "PUBLIC PLACE" FOR PURPOSES OF THIS SECTION.

H. 2909 -- Ethics Committee: A BILL TO AMEND SECTION 8-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO PROVIDE FOR THE STATE ETHICS COMMISSION TO MAKE AN INVESTIGATION OF STATEMENTS FILED WITH IT WITH RESPECT TO VIOLATION OF THE ETHICS CODE BY A CANDIDATE FOR PUBLIC OFFICE OR ANY PERSON, TO PROHIBIT THE ETHICS COMMISSION FROM DISCLOSING THE DISPOSITION OF A COMPLAINT CONCERNING A CANDIDATE FOR ELECTIVE OFFICE THIRTY DAYS PRIOR TO AN ELECTION, TO PROVIDE THAT THE FILING AND ALL MATTERS PERTAINING TO A COMPLAINT ARE CONFIDENTIAL UNLESS WAIVED IN WRITING, AND TO PROVIDE A PENALTY.

H. 3153 -- Rep. Hearn: A BILL TO AMEND SECTION 6-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION AND MODIFICATION OF CERTAIN STANDARD CODES BY REFERENCE BY MUNICIPALITIES AND COUNTIES, SO AS TO SUBSTITUTE THE COUNCIL OF AMERICAN BUILDING OFFICIALS ONE AND TWO FAMILY DWELLING CODE FOR THE STANDARD CODE, CHANGE THE COMPOSITION OF THE BUILDING CODE COUNCIL BY DELETING REFERENCES TO REPRESENTATIVES FROM VARIOUS ORGANIZATIONS AND PROVIDING THAT EACH MEMBER MUST BE A MEMBER OF THE INDUSTRY OR PROFESSION HE REPRESENTS, REDUCE THE TERM OF A MEMBER OF THE COUNCIL FROM SIX TO FOUR YEARS, DELETE THE REQUIREMENT THAT AT LEAST ONE MEMBER OF THE COUNCIL MUST BE A MEMBER OF EACH CONGRESSIONAL DISTRICT, DELETE THE PRIMARY FUNCTION OF THE COUNCIL TO DECIDE TO WHAT EXTENT ANY JURISDICTION MAY VARY FROM THE CODES LISTED IN THIS SECTION, DELETE OBSOLETE LANGUAGE, AUTHORIZE THE COUNCIL TO ELECT A VICE-CHAIRMAN, AND DELETE THE AUTHORITY OF THE COUNCIL TO ADOPT REGULATIONS.

H. 2157 -- Reps. Mattos, Davenport, Winstead, Dangerfield, T.M. Burriss, Carnell, Shelton, Foxworth, Elliott, Wells, Mappus, Rice, P. Bradley, McElveen, Hearn, E.B. McLeod and M.O. Alexander: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXES, SO AS TO EXTEND THE EXEMPTION ALLOWED ON A MOTOR VEHICLE OWNED BY A DISABLED VETERAN TO A LEASED MOTOR VEHICLE.

H. 2879 -- Reps. Blanding, E.B. McLeod and McElveen: A BILL TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE TAX ASSESSOR, SO AS TO REQUIRE THE ASSESSOR TO REPORT REASSESSED VALUES TO THE AUDITOR ON OR BEFORE JUNE THIRTIETH OF EACH YEAR.

H. 3333 -- Reps. McLellan, Sheheen, Dangerfield, Wilkins, J. Rogers, Toal, T.C. Alexander, Edwards, J.C. Johnson, Baxley, McTeer, Kohn, Short, Wilder, G. Bailey, Felder, McElveen, Holt, Tucker, Rhoad, Hodges, T.M. Burriss, McGinnis, McAbee, Helmly, Petty, McKay, Carnell, Bennett, McCain, Foster, Boan, L. Martin, McBride, Snow, Harvin, Winstead, T. Rogers, Cork and Corning: A BILL TO AMEND CHAPTER 19, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES OF CORPORATIONS, BY ADDING SECTION 12-19-95 SO AS TO PROVIDE A METHOD BY WHICH THE AMOUNT OF THE LICENSE FEE MUST BE MEASURED AND PROVIDE FOR THE DEFINITIONS OF "BANK", "BANK HOLDING COMPANY", "SUBSIDIARY", "ASSOCIATION", AND "SAVINGS AND LOAN HOLDING COMPANY".

H. 3360 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETAIL LICENSE FEE, SO AS TO PROVIDE A TEMPORARY RETAIL LICENSE FOR TRANSIENT RETAILERS SELLING IN THIS STATE FOR NOT MORE THAN THIRTY DAYS AT A FEE OF FIFTY DOLLARS.

H. 3364 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-37-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM TAX RETURNS REQUIRED TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, SO AS TO PROVIDE FOR THE RETURN AND PAYMENT OF TAXES WHEN SELLERS AND PURCHASERS HAVE DIFFERENT ACCOUNTING PERIODS.

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. 556 -- Judiciary Committee: A BILL TO AMEND SECTIONS 15-3-340 AND 15-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS FOR RECOVERY OF REAL PROPERTY, SO AS TO LIMIT THE NUMBER OF ACTIONS THAT MAY BE BROUGHT.

S. 179 -- Senators Shealy and Drummond: A BILL TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND SUMMONING JURORS BY UTILIZING A COMPUTER, SO AS TO INCLUDE JURORS FOR THE GRAND JURY.

S. 260 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-82 SO AS TO PROVIDE FOR THE GOVERNING BODY OF ANY PUBLIC SERVICE DISTRICT TO TRANSFER ITS ASSETS AND PROPERTIES AND RESPONSIBILITIES FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER AND FOR THE DISSOLUTION OF THE DISTRICT UPON THE COMPLETION OF THE TRANSFER.

H. 2154--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2154 -- Reps. McEachin, Gilbert, McKay and J.W. McLeod: A BILL TO AMEND SECTION 40-21-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO REVISE THE QUALIFICATIONS OF CERTAIN LAND SURVEYOR MEMBERS OF THE BOARD, AND TO AMEND SECTION 40-21-195, RELATING TO QUALIFICATIONS FOR LICENSING AS A TIER B LAND SURVEYOR, SO AS TO EXTEND FROM TWO TO FOUR YEARS THE PRACTICAL EXPERIENCE QUALIFICATION NECESSARY FOR LICENSURE.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 5534Y), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. LOCKEMY explained the amendment.

POINT OF ORDER

Rep. HEARN 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 statewide day. The SPEAKER overruled the Point of Order.

Rep. LOCKEMY continued speaking.

The amendment was then adopted.

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

S. 415--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, January 28, which was adopted.

S. 415 -- Judiciary Committee: A BILL TO AMEND CHAPTERS 1 THROUGH 20 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS CORPORATIONS, SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988" INCLUDING PROVISIONS RELATING TO INCORPORATION OF BUSINESS ORGANIZATIONS, PURPOSES, AND POWERS OF CORPORATIONS, NAMES, OFFICES, AND AGENTS, SHARES AND DISTRIBUTIONS, SHAREHOLDERS, DIRECTORS, AND OFFICERS, AMENDMENTS OF ARTICLES OF INCORPORATION AND BYLAWS, MERGER AND SHARE EXCHANGE, SALE OF ASSETS, DISSENTERS' RIGHTS, DISSOLUTION, FOREIGN CORPORATIONS, RECORDS, AND REPORTS, CLOSE CORPORATIONS, PROFESSIONAL CORPORATIONS, AND TRANSITION PROVISIONS; TO AMEND SECTIONS 33-42-30 AND 12-19-20, BOTH AS AMENDED, AND 12-19-70, 12-19-120, 15-9-210, 15-9-240, 15-9-245, AND 15-9-430, RELATING TO THE NAME OF A LIMITED PARTNERSHIP, FILING OF ANNUAL REPORTS, CORPORATE LICENSE FEES OR TAXES, AND SERVICE OF PROCESS, SO AS TO CONFORM THEM TO THE NEW PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988 AND TO MAKE CERTAIN OTHER CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 15-7-35 SO AS TO PROVIDE FOR VENUE IN SUITS BROUGHT AGAINST DOMESTIC AND FOREIGN CORPORATIONS; AND TO REPEAL SECTIONS 12-19-130, 15-9-260, 15-63-20 THROUGH 15-63-50, 33-51-10 THROUGH 33-51-170 AND CHAPTERS 21, 23, AND 25 OF TITLE 33 RELATING TO THE TIME FOR FILING OF ANNUAL REPORTS AND PAYMENT OF FEES OR TAXES, SERVICE OF PROCESS, CHARTER ANNULMENT, PROFESSIONAL ASSOCIATIONS, DISSOLUTION, FOREIGN BUSINESS CORPORATIONS, ANNUAL REPORTS, POWERS OF THE SECRETARY OF STATE, AND MISCELLANEOUS MATTERS.

S. 131--DEBATE ADJOURNED

The following Bill was taken up.

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

The Judiciary Committee proposed the following Amendment No. 2 (Doc. No. 0242J).

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

/SECTION 1. Title 8 of the 1976 Code is amended by adding:

"CHAPTER 27
Employment Protection for Reports of Violations
of State or Federal Law or Regulation

Section 8-27-10. For the purpose of this chapter:

(a) 'public body' means the following: any department of the State; any state board, commission, committee, agency, or authority; any public or governmental body or political subdivision of the State, including counties, municipalities, school districts, or special purpose or public service districts; any organization, corporation, or agency supported in whole or in part by public funds or expending public funds; or any quasi-governmental body of the State and its political subdivisions.

(b) 'employee' means an employee of the following: any department of the State; any state board, commission, committee, agency, or authority; any public or governmental body or political subdivision of the State, including counties, municipalities, school districts, or special purpose or public service districts; any organization, corporation, or agency supported in whole or in part by public funds or expending public funds; or any quasi-governmental body of the State and its political subdivisions. 'Employee' does not include those persons enumerated within the provisions of Section 8- 17-370.

Section 8-27-20. No public body may discharge, otherwise terminate, or suspend from employment, demote, decrease the compensation of, discipline, otherwise punish, or threaten any employee of a public body whenever the employee reports a violation of any state or federal law or regulation which involves a public body or any employee or official of a public body or whenever the employee exposes governmental criminality, corruption, waste, fraud, gross negligence, or mismanagement or testifying as a witness in any trial, hearing, or other proceeding involving any of the matters described in this section. If the employee reports, exposes, or testifies as provided in this section, without probable cause, he may be terminated from employment by the public body. If the employee's report, expose', or testimony results in a saving of any public money from the abuses described in this section, twenty-five percent of the estimated net savings resulting from the first year of implementation of the employee's report, expose', or testimony, but not more than two thousand dollars, must be rewarded to the employee by the public body, as determined by the State Budget and Control Board. This chapter does not supercede the State Employee Suggestion Program. For employees of state agencies participating in the program, items that they identify involving waste or mismanagement must be referred as a suggestion to the program. An employee is entitled to only one reward either under this section or under the program.

Section 8-27-30. (A) It is presumed that an employee of a public body who is discharged, otherwise terminated, or suspended from employment, demoted, suffers a decrease in compensation, or is disciplined, otherwise punished, or threatened by a public body within one year after having reported a violation of any state or federal law or regulation which involves a public body or any employee or official of a public body; within one year after having exposed governmental criminality, corruption, waste, fraud, gross negligence, or mismanagement; or within one year after having testified as a witness in any trial, hearing, or other proceeding involving any of the matters described in Section 8-27-20 was wrongfully treated in one or more ways described in this subsection, whichever may be applicable. If the employee was wrongfully treated he may institute a civil action either for damages or for reinstatement to his former position and lost wages, or for both, in a jury or a nonjury proceeding, in the court of common pleas of the county in which the plaintiff resides at the time of commencing the civil action or the county in which the unlawful activity occurred.

(B) The presumption established under subsection (A) is rebuttable, and the burden is on the defendant to demonstrate that the plaintiff was not discharged, otherwise terminated, or suspended from employment, demoted, suffered a decrease in compensation, or was disciplined, otherwise punished, or threatened because he engaged in any of those activities described in Section 8-27-20. An employer has the following affirmative defenses to this section: wilful or habitual tardiness or absence from work; being disorderly or intoxicated while at work; destruction of any of the employer's property; failure to meet employer work standards not related to the workers' compensation claim; malingering; embezzlement or larceny of the employer's property; and violating specific written company policy for which the action is a stated remedy of the violations.

(C) Any court or Jury award under this section may include actual damages, court costs, and reasonable attorney's fees.

(D) Any action under this section must be commenced within two years after the accrual of the cause of action or is forever barred.

Section 8-27-40. No employee may be discharged, otherwise terminated, or suspended from employment, or demoted by any employer for pursuing his legal rights. Notwithstanding any action taken pursuant to this chapter, a public body may discharge, otherwise terminate, or suspend an employee for causes independent of those provided in Section 8-27-20."

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

Amend title to conform.

Rep. WILKINS explained the amendment.

RULE 6.1 WAIVED

Rep. L. MARTIN moved waive Rule 6.1, which was agreed to.

Rep. WILKINS continued speaking.

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

S. 279--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, January 20, which was adopted.

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.

S. 732--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the following Bill until Tuesday, February 9, which was adopted.

S. 732 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENDING THE TIME WITHIN WHICH CERTAIN PERSONS UNDER DISABILITY MAY BRING A CIVIL ACTION, SO AS TO PROVIDE THAT AN ACTION ACCRUING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT IS NOT SO EXTENDED; SECTION 15-78-20, AS AMENDED, RELATING TO LEGISLATIVE FINDINGS REGARDING THE TORT CLAIMS ACT, SO AS TO FURTHER DELINEATE WHEN THE DOCTRINE OF SOVEREIGN IMMUNITY IS REINSTATED FOR GOVERNMENTAL ENTITIES AND TO PROVIDE FOR ADDITIONAL LEGISLATIVE FINDINGS IN REGARD TO BRINGING GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS UNDER THE PROVISIONS OF THE ACT; SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY"; SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE NAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO RECREATIONAL AREAS, ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD, AND GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 15-78-70, RELATING TO THE LIABILITY FOR AN ACT OF A GOVERNMENT EMPLOYEE, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTIONS 15-78-100 AND 15-78-110, RELATING TO WHEN AN ACTION UNDER THE TORT CLAIMS ACT MUST BE INSTITUTED, SO AS TO FURTHER PROVIDE FOR THIS TIME; SECTION 15-78-120, RELATING TO LIMITATIONS ON THE AMOUNT OF RECOVERY, SO AS TO FURTHER PROVIDE FOR THESE LIMITATIONS AND TO INCREASE THESE LIMITATIONS IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 59-67-710, AS AMENDED, RELATING TO CONTRACTS OF INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE BENEFITS AND LIMITS OF LIABILITY THEREON, SO AS TO FURTHER PROVIDE FOR THESE LIMITS AND LIABILITY; AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING OF CERTAIN CLAIMS UNDER THE TORT CLAIMS ACT MUST BE COMPUTED.

H. 3227--AMENDED AND ORDERED TO THIRD READING,
RECONSIDERED, OBJECTION AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3227 -- Reps. P. Bradley, Toal, Haskins, Davenport, Baxley, G. Bailey, Limehouse, Jones, Barfield, Wilkins, Klapman, Day, Pettigrew, J.W. McLeod, R. Brown, Gentry, Hawkins, Lockemy, Fair, Taylor, Ferguson, Thrailkill, Nesbitt, Petty, Baker, Rice, McCain, Mattos, J. Harris, Wells, Felder, Koon, Townsend, Kay, Helmly, Sharpe, Sheheen, H. Brown, G. Brown, Mappus, E.B. McLeod, Elliott, McGinnis, Huff, T.M. Burriss, Hearn, Moss, O. Phillips, Chamblee, D. Martin, Dangerfield, Neilson, Lewis, Evatt and Cork: A BILL TO AMEND CHAPTER 15 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST MORALITY AND DECENCY BY ADDING SECTION 16-15-450, SO AS TO MAKE IT A FELONY FOR ANY PERSON TO FERTILIZE FEMALE ANIMALS WITH HUMAN SPERM, TO ATTEMPT THIS FERTILIZATION, OR TO ENGAGE IN RESEARCH OR CONDUCT EXPERIMENTS REGARDING THIS FERTILIZATION, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO ADD VIOLATIONS OF SECTION 16-15-450 TO THE LIST OF CRIMES CLASSIFIED AS FELONIES BY SECTION 16-1-10.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0550J), which was adopted.

Amend the bill, as and if amended, by striking Section 16-15-450 as contained in SECTION 1 and inserting:

/ "Section 16-15-450. It is unlawful for any person to fertilize female animals or the egg of a female animal with human sperm or to attempt this fertilization. It is also unlawful for any person to engage in research or conduct experiments regarding this fertilization of female animals or the egg of a female animal with human sperm.

Any person violating the provisions of this section is guilty of a felony and, upon conviction, must be punished by a fine of not more than twenty-five thousand dollars or by a term of imprisonment not exceeding twenty-five years, or both."/

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

Rep. WASHINGTON moved to reconsider the vote whereby the Bill was given a second reading, which was agreed to.

Rep. RUDNICK spoke against the Bill.

Rep. T. ROGERS objected to the Bill.

Rep. RUDNICK continued speaking.

Rep. P. BRADLEY spoke in favor of the Bill.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill, Rep. P. BRADLEY having the floor.

H. 2978--OBJECTIONS WITHDRAWN

Reps. T. ROGERS and WASHINGTON withdrew their objections to the following Bill.

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

H. 2365--OBJECTIONS WITHDRAWN

Rep. DAY withdrew his objection to the following Bill.

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.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 3555 -- Reps. Hearn, Moss, Day, Humphries, M.D. Burriss, Toal and Corning: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED FOR THE PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS WHO HAVE THE SPECIAL MOTOR VEHICLE LICENSE PLATE TO PERSONS ELIGIBLE TO HAVE THE PLATE.

Referred to Committee on Ways and Means.

H. 3556 -- Rep. Ferguson: A BILL TO AMEND SECTION 38-77-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS AND DESIGNATION OF PRODUCERS BY THE INSURANCE COMMISSION AND THE REINSURANCE FACILITY GOVERNING BOARD, SO AS TO ALLOW A PRODUCER TO TRANSFER OR SELL HIS DESIGNATION, AND TO ADD SECTION 38-77-595 SO AS TO PROVIDE THAT AT LEAST TEN PERCENT OF THE DESIGNATED PRODUCERS APPOINTED BY THE COMMISSION OR GOVERNING BOARD MUST BE BLACK AND AT LEAST TEN PERCENT MUST BE FEMALE.

Referred to Committee on Labor, Commerce and Industry.

H. 3557 -- Reps. Hayes, Fair, Haskins, McCain, Toal, Hearn, Felder and Humphries: A BILL TO AMEND SECTION 44-41-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ABORTIONS, SO AS TO REQUIRE A LEGAL ABORTION IN THE FIRST TRIMESTER AS WELL AS THE SECOND TRIMESTER TO BE PERFORMED IN A HOSPITAL, CLINIC, OR DOCTOR'S OFFICE CERTIFIED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

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

H. 3558 -- Rep. E.B. McLeod: A BILL TO AMEND ARTICLE 13, CHAPTER 27, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL TAXES ON GASOLINE SALES AND ASSOCIATED MATTERS, SO AS TO DELETE ALL THE PROVISIONS OF THE ARTICLE EXCEPT THOSE RELATING TO GOALS OR SET-ASIDES FOR BUSINESSES OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS AND DISADVANTAGED FEMALES; TO REPEAL SECTION 2 OF ACT 197 OF 1987, RELATING TO AUTHORIZING THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO REQUEST AUTHORITY FROM THE STATE BUDGET AND CONTROL BOARD TO ISSUE UP TO ONE HUNDRED TWENTY-FIVE MILLION DOLLARS IN ADDITIONAL BONDS PURSUANT TO CERTAIN PROVISIONS OF LAW TO BE USED FOR THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM; AND TO REPEAL SECTION 4 OF ACT 197 OF 1987, RELATING TO ALLOWING THE SELECT OVERSIGHT COMMITTEE TO DIRECT ONE-QUARTER OF ONE CENT FROM THE FUNDS GENERATED FROM THE TAX LEVIED UNDER ARTICLE 13, CHAPTER 27, TITLE 12, TO FUND PUBLIC TRANSPORTATION ACTIVITIES IN SOUTH CAROLINA.

Referred to Committee on Ways and Means.

H. 3559 -- Reps. Winstead, Foxworth and J. Bradley: A JOINT RESOLUTION TO AUTHORIZE SCHOOL TRUSTEES TO WAIVE UP TO THREE DAYS OF REQUIRED SCHOOL ATTENDANCE BECAUSE OF INCLEMENT WEATHER DURING THE 1987-88 SCHOOL YEAR AND TO PROVIDE THAT STATE EMPLOYEES, INCLUDING SCHOOL TEACHERS, ARE NOT REQUIRED TO COMPENSATE SICK DAYS, HOLIDAYS, VACATION, OR ANNUAL LEAVE TIME FOR ANY DAY THAT THE STATE OFFICES ARE CLOSED DUE TO INCLEMENT WEATHER DURING THE 1988 YEAR.

Referred to Committee on Education and Public Works.

H. 3560 -- Reps. Sharpe, Sturkie and Jones: A BILL TO AMEND SECTIONS 48-43-10 AND 48-43-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OIL AND GAS EXPLORATION, DRILLING, TRANSPORTATION, AND PRODUCTION, SO AS TO DEFINE "SANITARY LANDFILL" AND TO REGULATE ACTIVITIES RELATING TO WASTE AND ANTIPOLLUTION ACTIVITIES INVOLVING OIL AND GAS AND TO REGULATE ACTIVITIES RELATING TO METHANE GAS IN AND RELATED TO LANDFILLS.

Referred to Committee on Agriculture and Natural Resources.

H. 3561 -- Reps. P. Harris, J. Harris, Aydlette and Carnell: A BILL TO AMEND SECTION 43-33-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO INCREASE THE REQUIREMENTS THAT MUST BE MET IN THE PROTECTION AND ADVOCACY OF THE RIGHTS OF DEVELOPMENTALLY DISABLED PERSONS.

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

HOUSE RESOLUTION

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

H. 3550 -- Reps. Washington, and Carnell: A HOUSE RESOLUTION TO SET WEDNESDAY, JANUARY 27, 1988, AS THE DATE FOR CONDUCTING AN ELECTION BY THE HOUSE TO FILL THE VACANCIES ON THE PUBLIC SERVICE MERIT SELECTION PANEL DESIGNATED FOR THE HOUSE OF REPRESENTATIVES, IMMEDIATELY FOLLOWING THE OTHER ELECTIONS THAT DAY.

Be it resolved by the House of Representatives:

That on Wednesday, January 27, 1988, the House of Representatives shall hold an election to fill the vacancies on the Public Service Merit Selection Panel designated for the House, immediately following the other elections that day.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3551 -- Reps. Hearn, Moss and Day: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 16, 1988, AS "HANDICAPPED CHILDREN'S DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR HANDICAPPED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 16, 1988, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Whereas, the Easter Seal Society has again embarked upon its most worthwhile project to raise funds for handicapped children, culminating in the thirty-sixth annual "B.A.C.-Coffee Day for Handicapped Children" in South Carolina on Friday, April 1, 1988; and

Whereas, under the statewide leadership of R.B. "Joe" Dean, State Easter Seal President, and Susan Aude Fisher, State Campaign Chair, ably assisted by Andrew Shealy, State President, James K. Wilson, "B.A.C." Project Chairman, and John L. Caudle, II, Executive Director, all from the South Carolina Law Enforcement Officers' Association, and John G. Riddick, Executive Director, Harold L. Corley, "B.A.C." Project Chairman, and C. Scotty Langham, Jr., President, from the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving handicapped children and assist them in overcoming their disabilities; and

Whereas, the "B.A.C." buttons will go on sale on Friday, March 18, 1988; and

Whereas, the "B.A.C." project and all other programs of the Easter Seal Society deserve the support and merit the praise of all the citizens of the State. Now, therefore,

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

That Wednesday, March 16, 1988, is designated "Handicapped Children's Day" in South Carolina and that Mary Beth Banks, daughter of Ms. Patricia Banks of Charleston County; Jarrod Green, son of Mr. and Mrs. Johnny Green of Richland County; Ainesley Lowrimore, daughter of Mr. and Mrs. Henry Lowrimore of Georgetown County; Jason Parrish, son of Mr. and Mrs. Randy Parrish of Beaufort County; and Mrs. Edna Byrd of Richland County, who have been chosen to serve as State Easter Seal Representatives to represent all of our handicapped citizens, be presented to the General Assembly, along with their parents, in a joint session in the Hall of the House of Representatives on Wednesday, March 16, 1988.

Be it further resolved that the General Assembly extends to the Easter Seal Society and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate activities on behalf of those who are so deserving of help.

Be it further resolved that a copy of this resolution be forwarded to Herman L. Shealy, Jr., Executive Director of the Easter Seal Society, for distribution to the state chairmen of the various phases of the Easter Seal campaign and the "B.A.C." project, as well as to the State Easter Seal Representatives themselves.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3552 -- Reps. Toal, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, Humphries, McBride, T. Rogers and Taylor: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF JOHN C.B. SMITH, COLUMBIA REALTOR AND CIVIC LEADER, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3553 -- Reps. Koon, Sturkie, Derrick, Sharpe, Gentry, Taylor, Klapman, J.H. Burriss, J. Brown, Lockemy, Winstead, Keyserling, Rice, E.B. McLeod, Aydlette, Petty, Washington, McElveen, Cole, Thrailkill, Corning, K. Bailey, Faber, Elliott, McTeer, Helmly, Simpson, Hendricks, O. Phillips, Wilder, Baxley, Davenport, Wells, Ferguson, Haskins, Gordon, McEachin, Hayes, Mattos, J.W. Johnson, Pettigrew, Altman, J. Harris, L. Phillips, Williams, Hodges, Fair, Shelton, Foster and Burch: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE WILLIAM TOBIN CASSELS, SR., OF COLUMBIA IN RICHLAND COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3554 -- Reps. Sharpe, Davenport and Jones: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA ARMY NATIONAL GUARD FOR LEADING THE NATION'S ARMY GUARD UNITS IN OVERALL PERFORMANCE IN FISCAL YEAR 1987.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1037 -- Senators Leatherman and Thomas E. Smith, Jr.: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. WALTER SIMONS OF FLORENCE COUNTY WHO DIED JANUARY 12, 1988.

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. 1038 -- Senators Nell W. Smith, Moore and Hayes: A CONCURRENT RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS AND CONTRIBUTIONS OF THE HONORABLE PARKER EVATT OF RICHLAND COUNTY AND TO EXTEND THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR FORMER COLLEAGUE IN HIS NEW POSITION AS COMMISSIONER OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS.

Whereas, it is with mixed emotions that the members of the General Assembly bid farewell to the Honorable Parker Evatt of Richland County as he leaves the Hall of the House of Representatives to become chief of South Carolina's prisons; and

Whereas, Mr. Evatt follows Commissioner William Leeke to head the South Carolina Department of Corrections beginning his new job in the fall of 1987; and

Whereas, as Mr. Evatt ends his outstanding career of thirteen years in the legislature, the State loses a well-qualified, highly respected individual, but another area of state government gains the services of a man with a strong legislative background in corrections matters and in issues concerning our youth; and

Whereas, Mr. Evatt has headed the Alston Wilkes Society for seventeen years and, among his numerous awards and honors in his work with the youth and prisoners of our State, he has received the following: Outstanding Achievement Award, National Association of Volunteers in Criminal Justice, 1979; Legislator of the Year, South Carolina Perinatal Association, 1980; Distinguished Service Award, South Carolina Correctional Association, 1981; Youth Advocacy Award, Council on Child Abuse and Neglect, 1983; Leadership Award, South Carolina Department of Parole and Community Corrections, 1984; Legislator of the Year, Council for Exceptional Children, 1985; and Child Advocate Award, South Carolina Chapter of American Academy of Pediatrics, 1986; and

Whereas, as chairman of the Joint Legislative Committee on Children, Mr. Evatt has been a vigorous and tireless advocate for the children of our State fighting to protect their rights and giving them a voice in his continuous support of issues in their best interest. Now, therefore,

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

That the members of the General Assembly recognize the accomplishments and contributions of the Honorable Parker Evatt of Richland County and extend best wishes to their former colleague in his new position as Commissioner of the South Carolina Department of Corrections.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Parker Evatt.

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

HOUSE TO MEET AT 12:00 NOON TOMORROW

Rep. T.M. BURRISS moved that when the House adjourns it adjourn to meet at 12:00 Noon tomorrow, which was agreed to.

Rep. T.M. BURRISS moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3540 -- Reps. Waldrop, T.M. Burriss, J.C. Johnson, Mappus, G. Bailey, Winstead, Blanding, Sturkie, Cork, T.C. Alexander, Blackwell, Edwards, Gentry, Faber, Keyserling, Washington, Foxworth, Humphries, M.O. Alexander, T. Rogers, Townsend, P. Harris, Thrailkill, McElveen, Dangerfield, Toal, Chamblee, Huff, Kay, Derrick, Bennett, D. Martin, K. Bailey, McTeer, Shelton, Mattos, P. Bradley, McCain, H. Brown, Helmly, Lanford, J. Harris, Burch, Moss, G. Brown, Williams, Petty, Davenport, Ferguson, Wells, Wilder, McGinnis, Elliott, Hayes, L. Phillips, J.H. Burriss, Lewis, Rudnick, McAbee, Carnell, McEachin, Haskins, McLellan, Kirsh, Nesbitt, O. Phillips, Arthur, Neilson, Hendricks and L. Martin: A CONCURRENT RESOLUTION CONGRATULATING THE CLEMSON UNIVERSITY "FIGHTING TIGER" FOOTBALL TEAM AND ITS COACH, DANNY FORD, ON THEIR CONVINCING WIN AT THE 1988 CITRUS BOWL.

H. 3541 -- Reps. Hayes, Foster, Kirsh, Nesbitt and Short: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. JOSEPH MILLER "DODY" BRICE, JR., OF ROCK HILL IN YORK COUNTY, UPON HIS UNEXPECTED DEATH.

H. 3542 -- Reps. J.W. McLeod, Boan, Kohn, J. Bradley, Dangerfield, P. Bradley and Blackwell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF O. SAM BOAN OF GREENVILLE, UPON HIS DEATH DURING THE LEGISLATIVE INTERIM.

H. 3548 -- Reps. Snow, T.M. Burriss, Simpson, M. Alexander, T. Alexander, Aydlette, G. Bailey, Baker, Baxley, Beasley, Bennett, P. Bradley, J.H. Burriss, Chamblee, Dangerfield, Elliott, Gregory, Hendricks, J.C. Johnson, Mattos, Pearce, Rhoad, T. Rogers, Stoddard, Taylor, Thrailkill, Townsend and Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE BRUCE MURRAY, A SENIOR FORWARD WITH THE NATIONAL CHAMPION CLEMSON UNIVERSITY SOCCER TEAM, ON BEING NAMED THE WINNER OF THE HERMANN AWARD SIGNIFYING THE NATION'S TOP COLLEGE SOCCER PLAYER.

H. 3549 -- Rep. J. Bradley: A CONCURRENT RESOLUTION TO COMMEND THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) FOR ITS FINE WORK IN PROVIDING RAIL TRANSPORTATION SERVICE TO THE CITIZENS OF SOUTH CAROLINA AND THE AMERICAN PUBLIC, AND TO RECOGNIZE THE EMPLOYEES OF THIS ORGANIZATION FOR RENDERING OUTSTANDING SERVICE TO AMTRAK PASSENGERS.

ADJOURNMENT

At 1:00 P.M. the House in accordance with the motion of Rep. T.M. BURRISS adjourned to meet at 12:00 Noon tomorrow.

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