South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

THURSDAY, FEBRUARY 2, 1989

Thursday, February 2, 1989
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Our Heavenly Father, when we pray for Your guidance and when it comes, let us not think it strange when it is different from what we expected. Instead teach us to understand that our thoughts are not Your thoughts and our way is not always Yours. Make us eager to seek Your will and way in dealing with every situation, rather than devising our own ways and then ask You to bless them. For it is then that we discover how much better is Your way and how secure they are who follow that way. Be real to each one of us as we become increasingly aware of how near You are to those who seek and how infallible are Your truths to guide us.

In our Saviour's Name we pray. Amen.

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

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

REPORT OF STANDING COMMITTEE

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

H. 3326 -- Reps. Sheheen, McElveen, Hallman and McLeod: A BILL TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING HAZARDOUS WASTE, SO AS TO PROHIBIT THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IN THIS STATE GENERATED IN ANOTHER STATE WHICH PROHIBITS THE TREATMENT, STORAGE, OR DISPOSAL OF THAT SUBSTANCE WITHIN ITS OWN BORDERS.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3410 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ENACT LEGISLATION TO PROVIDE FOR A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER TO OBTAIN A HUNTING OR FISHING LICENSE OR PERMIT WITHOUT COST.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3411 -- Reps. D. Martin, Barber, Rama, Hallman, J. Bailey, Holt, Kohn, Mappus, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE MR. ARTHUR (ART) SHELL, JR., AN ASSISTANT COACH WITH THE LOS ANGELES RAIDERS AND A NATIVE OF CHARLESTON COUNTY, AS ONE OF FOUR PLAYERS WHO WAS NAMED TO THE PRO FOOTBALL HALL OF FAME ON TUESDAY, JANUARY 24, 1989, AND WILL BE ENSHRINED ON AUGUST 5, 1989.

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. 3412 -- Reps. Harvin, Cork, G. Bailey, Kohn, Huff, Taylor, McLeod, M.O. Alexander, Derrick, Limehouse, T.C. Alexander, L. Martin, Neilson and T.M.Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-3-25 SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE BANKING AND INSURANCE COMMITTEE OF THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF THE INSURANCE COMMISSION, EX OFFICIO; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE BANKING AND INSURANCE COMMITTEE OF THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF THE REINSURANCE FACILITY, EX OFFICIO; AND TO AMEND SECTIONS 13-3-40 AND 40-57-50, RELATING TO THE REAL ESTATE COMMISSION OF SOUTH CAROLINA AND THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF BOTH AGENCIES, EX OFFICIO.

Referred to Committee on Labor, Commerce and Industry.

H. 3413 -- Reps. Beasley, Hayes and Fair: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR THE JURISDICTION TO ORDER A PARTY TO PARTICIPATE IN VISITATION AND CUSTODY MEDIATION.

Referred to Committee on Judiciary.

H. 3414 -- Reps. Beasley, Hayes, Fair, P. Harris, J. Harris, Carnell and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 7, TITLE 20, SO AS TO PROVIDE FOR THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN BY SETTING FORTH ITS PURPOSES AND PROVIDING FOR COMMISSION MEMBERS, MEETINGS, AN ADVISORY COUNCIL, THE CHILDREN TO BE SERVED, DUTIES AND FUNCTIONS, DIRECTOR AND STAFF EMPLOYMENT, REPORTS TO THE GOVERNOR AND GENERAL ASSEMBLY, AND ADMINISTRATIVE SUPPORT; TO PROVIDE FOR THE INITIAL TERMS OF THE COMMISSION AND ADVISORY COUNCIL; TO REPEAL CHAPTER 83, TITLE 44, RELATING TO THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN.

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

H. 3415 -- Rep. Faber: A BILL TO MAKE IT UNLAWFUL FOR A TRAIN TO TRAVEL WITHIN THE CORPORATE LIMITS OF A MUNICIPALITY HAVING A POPULATION OF LESS THAN FIVE THOUSAND RESIDENTS AT A SPEED IN EXCESS OF TEN MILES-AN-HOUR; TO PROVIDE A PENALTY; AND TO PROVIDE FOR THE DISPOSITION AND USE OF THE FINE IMPOSED FOR VIOLATING THIS ACT.

Referred to Committee on Judiciary.

H. 3416 -- Reps. Faber and McBride: A BILL TO PROVIDE FOR A COMMUNITY-BASED THERAPEUTIC CENTER IN EACH JUDICIAL CIRCUIT WHICH PROVIDES EXTENSIVE BEHAVIORAL MODIFICATION SESSIONS FOR THE REHABILITATION OF CERTAIN TROUBLED MINORS; TO PROVIDE FOR THE ADMINISTRATION OF THESE CENTERS BY THE STATE DEPARTMENT OF YOUTH SERVICES; TO PROVIDE FOR THE PROMULGATION OF REGULATIONS; AND TO PROVIDE FOR FUNDING THE COMMUNITY-BASED THERAPEUTIC CENTERS AND FOR THE PHASE-IN OF THE CENTERS OVER A THREE-YEAR PERIOD.

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

H. 3417 -- Reps. M.D. Burriss and McCain: A BILL TO AMEND SECTION 50-21-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO DELETE THE RESTRICTION ON THE USE OF AIRBOATS ON THE DESIGNATED PORTION OF LAKE MARION AND SANTEE SWAMP DURING THE SEASON FOR HUNTING WATERFOWL.

Referred to Committee on Agriculture and Natural Resources.

H. 3418 -- 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.

H. 3419 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR CHILDREN TO ATTEND PUBLIC SCHOOL, SO AS TO DELETE THE PROVISION ALLOWING ATTENDANCE IN A DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE AND TO PROVIDE FOR THE CHILDREN ATTENDING SCHOOL PURSUANT TO THAT PROVISION ON THIS ACT'S EFFECTIVE DATE.

Without reference.

H. 3420 -- Reps. Corbett, Rama, Elliott, Holt, Cole, Keegan, Barfield, Whipper, Baxley, G. Bailey, Wells, Lockemy, Moss, Wilder, Lanford and Clyborne: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO INCLUDE CERTAIN TRAVEL TRAILERS AND PROVIDE THAT NO TRAVEL TRAILER IS SUBJECT TO THE AD VALOREM TAX IMPOSED BY CHAPTER 37 OF TITLE 12 IN MORE THAN ONE COUNTY OF THE STATE UNDER CERTAIN CONDITIONS.

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
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Beasley                Bennett                Blackwell
Boan                   Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Davenport              Derrick
Elliott                Faber                  Fair
Fant                   Farr                   Felder
Foster                 Gentry                 Glover
Gordon                 Gregory                Hallman
Harris, J.             Harris, P.             Harvin
Harwell                Hayes                  Hearn
Hendricks              Hodges                 Holt
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Kay                    Keegan
Keesley                Keyserling             Kirsh
Klapman                Lanford                Littlejohn
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Snow                   Stoddard
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Winstead
Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 2, 1989.

J. Michael Baxley                 Larry Blanding
E. B. McLeod, Jr.                 Joseph T. McElveen, Jr.
Grady A. Brown                    Terry Haskins
C. Lenoir Sturkie                 Robert A. Kohn
Larry L. Koon                     James E. Lockemy
Total Present-120

SENT TO THE SENATE

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

H. 3367 -- Reps. G. Bailey, Wofford, Kohn and Limehouse: A BILL TO AMEND ACT 535 OF 1982, AS AMENDED, RELATING TO THE REQUIREMENT THAT MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY MUST BE ELECTED RATHER THAN APPOINTED AND THE MANNER IN WHICH THESE TRUSTEES MUST BE ELECTED, SO AS TO DELETE THE LIMITATION ON ANY TRUSTEE SERVING MORE THAN TWO SUCCESSIVE FOUR-YEAR TERMS AND PROVIDE FOR THE NOMINATION OF CANDIDATES TO THE BOARD BY PETITION INSTEAD OF STATEMENT OF CANDIDACY.

ORDERED TO THIRD READING

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

S. 187 -- Senator Bryan: A BILL TO PROVIDE A METHOD FOR FILLING VACANCIES ON THE BOARD OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56.

H. 3403 -- Rep. Kay: A BILL TO AMEND SECTION 7-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO DELETE THE DESIGNATION OF THE POLLING PLACE FOR KEOWEE PRECINCT, AND TO ESTABLISH THE POLLING PLACES FOR ALL OF THE VOTING PRECINCTS IN THE COUNTY, INCLUDING KEOWEE.

H. 3162 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA REAL ESTATE COMMISSION FOR SIX YEARS.

H. 3163 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR SIX YEARS.

H. 3165 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION DATES FOR PARTICULAR STATE AGENCIES, SO AS TO ADD DATES FOR THE TERMINATION OF THE ATHLETIC TRAINERS' ADVISORY COMMITTEE, THE STATE; BOARD OF EXAMINERS FOR PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, THE SOUTH CAROLINA AUCTIONEERS' COMMISSION, AND THE COMMISSION OF HEARING AID DEALERS AND FITTERS.

Rep. GREGORY explained the Bill.

H. 3207 -- Reps. D. Martin, Clyborne and White: A BILL TO AMEND SECTIONS 7-15-130, 7-15-320, AS AMENDED, AND 7-15-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING, SO AS TO PROVIDE A PROCEDURE ALLOWING ABSENTEE VOTING BY A PERSON WHO IS ADMITTED TO A HOSPITAL AS AN EMERGENCY PATIENT ON THE DAY OF AN ELECTION OR ON THE DAY BEFORE THE ELECTION AND TO PROVIDE THAT AN APPLICATION MAY BE OBTAINED FROM AN EXTENSION OFFICE OF THE REGISTRATION BOARD.

Rep. D. MARTIN explained the Bill.

H. 3385 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATION, OOLENOY RIVER, PICKENS COUNTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3386 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, FISHING CREEK, EDISTO ISLAND, CHARLESTON COUNTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 989, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 187-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. STODDARD, with unanimous consent, it was ordered that S. 187 be read the third time tomorrow.

H. 3403-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 3403 be read the third time tomorrow.

H. 3385-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 3385 be read the third time tomorrow.

H. 3386-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion Or Rep. SHARPE, with unanimous consent, it was ordered that H. 3386 be read the third time tomorrow.

S. 271-DEBATE ADJOURNED

Rep. BOAN moved to adjourn debate upon the following Bill until Wednesday, February 8, which was adopted.

S. 271 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM PORTIONS OF ROADS S 28-52 FROM S 28-185 AND ALL OF ROAD S 28-731 IN KERSHAW COUNTY.

H. 3125--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the following Bill until Tuesday, February 7, which was adopted.

H. 3125 -- Rep. Tucker: A BILL TO PRESCRIBE THE PROCEDURE FOR DETERMINING THE ANNUAL BUDGET AND SCHOOL TAX MILLAGE FOR ANDERSON COUNTY SCHOOL DISTRICT NO. 5 INCLUDING A LIMIT ON INCREASED MILLAGE BASED ON THE GROWTH OF PERSONAL INCOME IN THE STATE PLUS ONE PERCENT EXCEPT UPON FAVORABLE REFERENDUM VOTE FOR A LARGER INCREASE.

H. 3028-DEBATE ADJOURNED

Rep. FAIR moved to adjourn debate upon the following Bill until Tuesday, February 7, which was adopted.

H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.

ORDERED ENROLLED FOR RATIFICATION

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

S. 207 -- Senator Waddell: A BILL TO AMEND SECTION 41-44-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, SO AS TO REVISE THE DEFINITION OF A "START-UP BUSINESS", AND SECTION 41-44-60, RELATING TO THE PALMETTO SEED CAPITAL CORPORATION AND PARTNERSHIP, SO AS TO FURTHER PROVIDE FOR THE GENERAL NATURE OF THE BUSINESS OF THE CORPORATION AND TO REVISE THE PURPOSE FOR WHICH MONIES RAISED BY THE PARTNERSHIP MAY BE USED.

H. 3166--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3166 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESIDENTIAL HOME BUILDERS COMMISSION FOR SIX YEARS AND TO AMEND SECTION 40-59-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OF LICENSES OF RESIDENTIAL HOME BUILDERS, SO AS TO PROVIDE THAT LICENSES MAY BE SUSPENDED OR RESTRICTED AND TO PROVIDE FOR REISSUANCE OF LICENSES PREVIOUSLY REVOKED IF A MAJORITY OF THE MEMBERS OF THE HOME BUILDERS COMMISSION VOTE IN FAVOR OF THE REISSUANCE AND TO PROVIDE THAT APPEALS FROM THE DECISIONS OF THE COMMISSION MUST BE GOVERNED BY THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT.

Rep. G. BAILEY explained the Bill.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 1348U), which was adopted.

Amend the bill, as and if amended, by striking the paragraph which begins on line 10 of page 2 and inserting:

/ Such The charges, unless dismissed without hearing by the Commission commission as unfounded or trivial, shall must be heard by the Commission commission in an open hearing within three months after the date on which they were preferred. A copy of the charges, together with notice of the time and place of the hearing, shall must be legally served legally on the residential home builder so charged at least fifteen thirty days before the fixed date for the hearing. At such the hearing the residential home builder se charged may appear personally or be represented by counsel and may cross-examine witnesses against him and produce evidence and witnesses in his defense. If, after such the hearing, a majority of the Commission commission votes in favor of revoking, suspending, or restricting the license of the residential home builder so charged on the basis of fraud or deceit in obtaining his license or gross negligence, incompetence, or misconduct in the performance of home building, the Commission commission shall order the license of such the residential home builder revoked, suspended. or restricted. After the Commission commission revokes, suspends, or restricts the license of such the residential home builder he shall have has ten days in which to file with the Commission commission written notice of his intention to appeal from the order of the Commission commission. All appeals from the order of the Commission commission shall be to the circuit court of the county in which the accused resides and the proceedings on such appeals shall be the same as now provided for appeals from the magistrate courts to the circuit court, except that such appeals shall be de novo. Any party may appeal to the Supreme Court from the court of common pleas in the same manner as provided by law for appeals from the circuit to the Supreme Court are governed by the provisions of Article 3, Chapter 23 of Title 1 (the Administrative Procedures Act)./

Amend title to conform.

Rep. G. BAILEY explained the amendment.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. G. BAILEY asked unanimous consent that H. 3166 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 3017-POINT OF ORDER

The following Bill was taken up.

H. 3017 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 71 TO TITLE 2 SO AS TO PROVIDE FOR ADDITIONAL LEGISLATIVE MEMBERS ON BOARDS AND COMMISSIONS UNDER THE SUBJECT MATTER JURISDICTION OF THE AGRICULTURE AND NATURAL RESOURCES COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

Rep. SNOW explained the Bill.

POINT OF ORDER

Rep. T. ROGERS 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.

H. 3259-POINT OF ORDER

The following Bill was taken up.

H. 3259 -- Reps. Snow, Bruce, G. Brown and Barfield A BILL TO AMEND SECTIONS 39-11-100, 39-11-130; AND 39-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF PUBLIC WEIGHMASTERS, SO AS TO PROVIDE THAT A WEIGHMASTER'S STAMP IS REQUIRED ONLY AT A CUSTOMER'S REQUEST, TO DELETE THE AUTHORITY OF THE COMMISSIONER OF AGRICULTURE TO FORFEIT A WEIGHMASTER'S BOND, AND TO PROVIDE ADDITIONAL REMEDIES FOR THE COMMISSIONER IN REGULATING WEIGHMASTERS, INCLUDING INJUNCTIONS AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 46-41-30 AND 46-41-50, RELATING TO DEALERS IN AGRICULTURAL PRODUCTS, SO AS TO DELETE REFERENCES TO THE AFFIDAVITS REQUIRED BY MILLERS; AND TO REPEAL SECTION 39-11-70 RELATING TO THE BOND OF PUBLIC WEIGHMASTERS AND SECTION 46-41-25 RELATING TO MILLERS.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0017R).

Amend the bill, as and if amended, by striking SECTION 4 in its entirety.

Amend the bill further, by striking SECTION 5 in its entirety.

Amend the bill further, by striking SECTION 6 and inserting:

SECTION 6. Section 39-11-70 of the 1976 Code is repealed.

Amend Title and renumber sections to conform.

Rep. SNOW explained the amendment.

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.

H. 3123-POINT OF ORDER

The following Bill was taken up.

H. 3123 -- Rep. Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2580 SO AS TO ALLOW THE USE OF SNARES FOR BEAVERS IN WATER-SETS.

Rep. RHOAD explained the Bill.

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.

H. 3128-DEBATE ADJOURNED

Rep. MCEACHIN moved to adjourn debate upon the following Bill until the end of the uncontested calendar, which was adopted.

H. 3128 -- Rep. MCEACHIN: A BILL TO AMEND CHAPTER 1, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH AND GAME, BY ADDING SECTION 50-1-25 SO AS TO PROVIDE FOR A BIRD DOG TRAINING SEASON FROM OCTOBER FIRST THROUGH THE DAY BEFORE THE OPENING OF QUAIL SEASON EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING SEASON, AND TO REQUIRE BIRD DOG TRAINERS TO HAVE THE APPROPRIATE HUNTING LICENSES AND PERMITS.

H. 3136-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3136 -- Reps. P. Harris, J. Harris and Carnell: A BILL TO AMEND SECTION 44-52-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE FOR AN EXAMINATION OF REPORTS TO THE COURT OF FINDINGS AND FOR THE DETENTION OR RELEASE OF THE PERSON BY THE COURT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1341U), which was adopted.

Amend the bill, as and if amended, by adding before the last paragraph of Section 1 on page 2:

/If the reports of the two designees are divided, the court shall terminate the proceedings or shall designate a third examiner who must be knowledgeable in the treatment of chemical dependency and charge the three examiners to render a majority opinion before the date of the court hearing./

Amend further by adding:

/SECTION 2. Section 44-52-70 of the 1976 Code, as last amended by Act 116 of 1987, is further amended to read:

"Section 44-52-70. Judicial proceedings for the involuntary commitment of an individual may be initiated as follows: Any An adult person or head of a treatment facility under Section 44-52-40 may file a petition with the court in the county where the person is present or where he is a resident or of the county where the person is hospitalized pursuant to Section 44-52-40, under penalty of perjury, alleging that the person is chemically dependent and in need of involuntary commitment.

The petition must be accompanied by the certificate of a licensed physician stating that he has examined the individual within forty-eight hours prior to before the filing of the petition, unless the individual has refused to submit to a medical exam in which case the fact of refusal must be alleged in the petition. The certificate of the physician shall state that in his opinion, based upon stated reasons, the person is chemically dependent and in need of involuntary commitment for care and treatment. If the person for whom involuntary commitment is sought is a patient of a treatment facility pursuant to Section 44-52-40, the petition shall so state.

The court shall order an examination of the individual for whom involuntary commitment is sought. At the direction of the court, the examination may be made by two designees, one of whom must be a licensed physician. The examination may be performed at a treatment facility or other suitable place, and a report must be submitted to the court within seven days of the date of the hearing.

On the report of the designees of refusal to submit to examination, the court shall order the person for whom involuntary commitment is sought to submit to an examination. If he refuses to obey the court order the court may require a law enforcement officer to take him into custody for not exceeding twenty-four hours during which time he must be examined by the two designees. His attorney must be notified before his confinement. Upon completion of the examination by the designees, the person must be released.

If the reports of the designees are to the effect that the version for whom involuntary commitment is sought is not a chemically dependent person in need of involuntary commitment, the court shall terminate the proceedings. If the report of the two designees is divided. the court shall terminate the proceedings or shall designate a third examiner, who must be knowledgeable in the treatment of chemical dependency and charge the three examiners to render a majority opinion before the date of the court hearing.

Upon the filing of the petition, the court shall fix a date for the hearing to be held not later than twenty days after the date of filing of the petition unless reasonable delay is sought for good cause shown.

The person for whom involuntary commitment is sought must be represented by counsel at all stages of the proceeding. If the individual cannot afford to hire an attorney, the court shall appoint an attorney to represent him."

SECTION 3. Section 44-52-90 of the 1976 Code is amended to read:

"Section 44-52-90. The court may order an examination of the individual for whom involuntary commitment is sought. At the direction of the court, the examination may be made by two designees, one of whom must be a licensed physician. The examination may be performed at a treatment facility or other suitable place, and a report must be submitted to the court within seven days of the date of the hearing.

On the report of the designees of refusal to submit to examination, the court shall order the person for whom involuntary commitment is sought to submit to an examination. If he refuses to obey the court order the order may require any law enforcement officer to take him into custody for a period not exceeding twenty-four hours during which time he must be examined by the two designees. His attorney must be notified prior to his confinement. Upon completion of the examination by the designees, the person must be released.

The written reports filed with the court shall include, but not be limited to, questions relating to the chemical dependency alleged, whether or not the individual poses a substantial risk of physical harm to himself or others if allowed to remain at liberty, whether or not recent overt acts of the individual are indicative of his chemical dependency, whether or not a less restrictive placement is recommended and available, and whether or not the individual is capable of understanding the need to accept treatment on a voluntary basis and whether or not the individual is likely to benefit from the involuntary treatment.

The court may also order a background investigation by a county social worker or other competent investigator. The investigation shall cover the character, family relationships, past conduct, prior treatment episodes, prior episodes with law enforcement, and other relevant factors relating to the individual. The investigator shall submit a written report to the court within seven days of the hearing.

Counsel for the person for whom involuntary commitment is sought shall must have access to any reports filed with the court prior to before the hearing."

SECTION 4. Section 44-52-100 of the 1976 Code is repealed./

Renumber sections to conform.

Amend title to read:

/A BILL

TO AMEND SECTIONS 44-52-60, 44-52-70, AS AMENDED, AND 44-52-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE FOR AN EXAMINATION OF REPORTS TO THE COURT OF FINDINGS AND FOR DETENTION OR RELEASE OF A PERSON COMMITTED IN AN EMERGENCY SITUATION, TO PROVIDE FOR EXAMINATION OF A PERSON INVOLUNTARILY COMMITTED AND REPORTS ON HIS CONDITION, AND TO PROVIDE THAT A REPORT MUST INCLUDE A DECISION OF WHETHER OR NOT THE PERSON COMMITTED IS LIKELY TO BENEFIT FROM INVOLUNTARY TREATMENT; AND TO REPEAL SECTION 44-52-100 RELATING TO REPORTS ON AND INVESTIGATORS OF INVOLUNTARILY COMMITTED PERSONS TO ALCOHOL AND DRUG ABUSE FACILITIES./

Rep. SHORT explained the amendment.

The amendment was then adopted.

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

H. 3135-DEBATE ADJOURNED

Rep. CARNELL moved to adjourn debate upon the following Bill until Tuesday, February 7, which was adopted.

H. 3135 -- Reps. P. Harris, J. Harris and Carnell: A BILL TO AMEND SECTION 44-52-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE THAT THE COURT, UPON REQUEST, MAY ORDER A PETITIONER FOR THE EMERGENCY COMMITMENT, IF A FAMILY MEMBER, TO COOPERATE WITH AND PARTICIPATE IN THE TREATMENT PROCESS.

H. 3124-POINT OF ORDER

The following Joint Resolution was taken up.

H. 3124 -- Reps. Keyserling, Sheheen and Huff: A JOINT RESOLUTION TO AMEND ACT 202 OF 1981, AS AMENDED, RELATING TO THE SOUTH CAROLINA NUCLEAR WASTE CONSULTATION COMMITTEE, SO AS TO DELETE THE REQUIREMENT THAT THE GOVERNOR OR HIS DESIGNEE SERVE AS CHAIRMAN, AND TO PROVIDE FOR THE SELECTION OF THE CHAIRMAN BY THE COMMITTEE'S MEMBERS AND FOR AN ANNUAL TERM OF OFFICE.

POINT OF ORDER

Rep. WINSTEAD 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. 3101 DEBATE ADJOURNED

Rep. WHIPPER moved to adjourn debate upon the following Bill until Wednesday, February 8, which was adopted.

H. 3101 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE LICENSED HEALTH CARE PROVIDERS TO PROVIDE NOTIFICATION OF THEIR PROCEDURES FOR FILING CLAIMS, REQUIRE CERTAIN ORGANIZATIONS PROVIDING HEALTH CARE TO ACCEPT STANDARDIZED CLAIM FORMS, PROVIDE THAT A DEBTOR MUST BE NOTIFIED BY MAIL OF THE CREDITOR'S INTENTIONS OF SUBMITTING A DEBT TO A CREDIT BUREAU OR CREDIT REPORTING AGENCY, AND PROVIDE A PENALTY FOR VIOLATION.

H. 3119-OBJECTIONS AND POINT OF ORDER

The following Bill was taken up.

H. 3119 -- Rep. White: A BILL TO AMEND CHAPTER 7, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS AND BARBERING, BY ADDING SECTION 40-7-19 SO AS TO PROVIDE THAT THE AMOUNTS OF ALL FEES PROVIDED FOR UNDER THIS CHAPTER MUST BE ESTABLISHED BY THE STATE BOARD OF BARBER EXAMINERS BY REGULATION; AND TO AMEND SECTIONS 40-7-25, 40-7-100, 40-7-115, 40-7-160, 40-7-170, 40-7-180, AND 40-7-300, RELATING TO BARBERS AND BARBERING, SO AS TO REMOVE REFERENCES TO SPECIFIC AMOUNTS OF FEES, DELETE THE PROVISION THAT FEES MAY NOT BE INCREASED BY THE BOARD, AND PROVIDE REFERENCE TO FEES IN AMOUNTS ESTABLISHED BY THE BOARD BY REGULATION.

Reps. BARFIELD and G. BAILEY objected to the Bill.

POINT OF ORDER

Rep. KEYSERLING 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.

H. 3387-POINT OF ORDER

The following Joint Resolution was taken up.

H. 3387 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE TEACHER LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. T. ROGERS 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.3388-INTERRUPTED DEBATE

The following Bill was taken up.

H. 3388 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-135 SO AS TO PROVIDE THAT THE SEPARATELY MAINTAINED HEALTH INSURANCE AND DENTAL INSURANCE ACCOUNTS IN THE STATE TREASURY MAY BE COMMINGLED FOR THE PURPOSES OF PAYING CLAIMS.

Rep. MCLELLAN explained the Bill.

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

H. 3060--MOTION TO RECONSIDER TABLED

The motion of Rep. BAXLEY to reconsider the vote whereby the following Bill was given a third reading was taken up.

H. 3060 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 11, TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTARIES PUBLIC, BY ADDING SECTION 26-1-95 SO AS TO MAKE IT ILLEGAL FOR A NOTARY PUBLIC IN HIS OFFICIAL CAPACITY TO FALSELY CERTIFY THE AFFIRMING OR SWEARING OF A PERSON TO AN INSTRUMENT, AFFIDAVIT, OR WRITING, TO PROVIDE A PENALTY FOR VIOLATION, AND TO REQUIRE A NOTARY PUBLIC CONVICTED UNDER THE PROVISIONS OF THIS SECTION TO FORFEIT HIS COMMISSION.

Rep. BAXLEY moved to table the motion to reconsider,which was agreed to.

S. 130--RECALLED FROM THE COMMITTEE ON
MEDICAL, MILITARY, PUBLIC
AND MUNICIPAL AFFAIRS

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

S. 130 -- Senators Bryan, Peeler and Hayes: A BILL TO AMEND SECTION 44-52-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE THAT THE COURT, UPON REQUEST, MAY ORDER A PETITIONER FOR THE EMERGENCY COMMITMENT, IF A FAMILY MEMBER, TO COOPERATE WITH AND PARTICIPATE IN THE TREATMENT PROCESS.

S. 194-DEBATE ADJOURNED

Rep. MATTOS moved to adjourn debate upon the Concurrent Resolution until Wednesday, February 8, which was adopted.

S. 194 -- Senators Moore and McLeod: A CONCURRENT RESOLUTION TO INVITE THE COMMISSION ON THE FUTURE OF SOUTH CAROLINA TO PRESENT ITS FINAL REPORT TO THE GENERAL ASSEMBLY IN JOINT SESSION AT TWELVE O'CLOCK NOON ON WEDNESDAY, FEBRUARY 22, 1989.

MOTION PERIOD

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

H. 3262--TABLED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. HARWELL having been recognized.

H. 3262 -- Judiciary Committee: A BILL TO AMEND SECTION 4-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO CONDUCT A REFERENDUM TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE A REFERENDUM TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 1, by Rep. FANT.

Reps. HARWELL, FAIR, and HAYES spoke against the amendment.

Rep. GORDON moved to table the Bill.

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

Yeas 72; Nays 42

Those who voted in the affirmative are:

Alexander, T.C         Bailey, G.             Bailey, J.
Bailey, K.             Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, J.              Brown, R.
Burch                  Carnell                Chamblee
Cooper                 Davenport              Elliott
Faber                  Fant                   Farr
Felder                 Foster                 Glover
Gordon                 Harris, J.             Harris, P.
Harvin                 Harwell                Holt
Johnson, J.C.          Johnson, J.W.          Kay
Keesley                Keyserling             Kirsh
Klapman                Koon                   Manly
Martin, D.             Mattos                 McAbee
McBride                McGinnis               McKay
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Short
Snow                   Taylor                 Townsend
Vaughn                 Waites                 Waldrop
Washington             Whipper                White
Wilkes                 Williams, D.           Wofford

Total-72

Those who voted in the negative are:

Alexander, M.O.        Baker                  Brown, H.
Bruce                  Burriss, M.D.          Clyborne
Cole                   Corbett                Cork
Corning                Derrick                Fair
Gentry                 Gregory                Hallman
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Jaskwhich
Keegan                 Kohn                   Lanford
Littlejohn             Mappus                 Martin, L.
McCain                 McEachin               McElveen
Quinn                  Rama                   Sheheen
Simpson                Stoddard               Sturkie
Tucker                 Wells                  Wilder
Wilkins                Winstead               Wright

Total-42

So, the Bill was tabled.

Rep. BLACKWELL moved to reconsider the vote whereby the Bill was tabled.

Rep. WASHINGTON moved to table the motion.

Rep. HASKINS moved that the House do now adjourn.

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

Yeas 28; Nays 86

Those who voted in the affirmative are:

Bruce                  Burriss, M.D.          Clyborne
Corbett                Cork                   Corning
Fair                   Hallman                Haskins
Hayes                  Hearn                  Hodges
Jaskwhich              Keegan                 Kohn
Koon                   Littlejohn             Mappus
Martin, L.             McEachin               Nettles
Quinn                  Sturkie                Wilder
Wilkins                Winstead               Wofford
Wright

Total-28

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burch                  Carnell
Chamblee               Cole                   Cooper
Davenport              Derrick                Elliott
Faber                  Fant                   Farr
Felder                 Foster                 Gentry
Gordon                 Gregory                Harris, J.
Harris, P.             Harvin                 Harwell
Hendricks              Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Kay
Keesley                Keyserling             Kirsh
Klapman                Lanford                Manly
Martin, D.             Mattos                 McAbee
McBride                McCain                 McElveen
McGinnis               McKay                  McLeod
McTeer                 Moss                   Neilson
Nesbitt                Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Short                  Simpson
Snow                   Stoddard               Taylor
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Washington
Wells                  Whipper                White
Wilkes                 Williams, D.

Total-86

So, the House refused to adjourn.

The question then recurred to the motion to table the motion to reconsider, which was agreed to by a division vote of 69 to 33.

Rep. FABER moved that the House do now adjourn.

POINT OF ORDER

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

H. 3054--POINT OF ORDER

The following Bill was taken up.

H. 3054 -- Reps. Kirsh, Huff, Nesbitt, Hayes, Foster, J.W. Johnson, Klapman, Mappus and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-434 SO AS TO CREATE THE CHILD'S EDUCATION SAVINGS ACT, TO DEFINE "CHILD'S EDUCATION SAVINGS ACCOUNT", TO ALLOW A DEDUCTION FROM TAXABLE INCOME FOR PURPOSES OF STATE INCOME TAXATION IN THE AMOUNT OF THREE THOUSAND DOLLARS WHICH MUST BE USED TO DEFRAY THE COST OF A CHILD'S COLLEGE EDUCATION, TO PROVIDE FOR THE EXPENDITURE OF MONIES FROM THIS ACCOUNT, AND TO PROVIDE PENALTIES FOR UNAUTHORIZED WITHDRAWALS; AND TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO ALLOWABLE DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO AUTHORIZE AS A DEDUCTION CONTRIBUTIONS AND EARNINGS MADE PURSUANT TO THE CHILD'S EDUCATION SAVINGS ACT.

POINT OF ORDER

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

REPORT OF STANDING COMMITTEE

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3342 -- Reps. Wright, T.M. Burriss, Corning, Hearn, Koon, Taylor, T. Rogers, Waites, M.D. Burriss, McBride, J. Brown, Sharpe and Faber: A CONCURRENT RESOLUTION TO ENCOURAGE THE CITY GOVERNMENTS OF CAYCE, COLUMBIA, AND WEST COLUMBIA AND THE COUNTY COUNCILS OF LEXINGTON AND RICHLAND COUNTIES TO INCLUDE, EXAMINE, AND CONSIDER THE PROPOSAL OF "THE BRIDGE" AS THE LOCATION FOR THE CONVENTION CENTER.

H. 3342-INTERRUPTED DEBATE

The following Concurrent Resolution was taken up for immediate consideration.

H. 3342 -- Reps. Wright, T.M. Burriss, Corning, Hearn, Koon, Taylor, T. Rogers, McBride, Waites, M.D. Burriss, J. Brown, Sharpe and Faber: A CONCURRENT RESOLUTION TO ENCOURAGE THE CITY GOVERNMENTS OF CAYCE, COLUMBIA, AND WEST COLUMBIA AND THE COUNTY COUNCILS OF LEXINGTON AND RICHLAND COUNTIES TO INCLUDE, EXAMINE, AND CONSIDER THE PROPOSAL OF "THE BRIDGE" AS THE LOCATION FOR THE CONVENTION CENTER.

Rep. KLAPMAN spoke against the Concurrent Resolution.

Rep. GORDON moved that the House do now adjourn.

POINT OF ORDER

Rep. HASKINS 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. KLAPMAN continued speaking.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of the Concurrent Resolution, Rep. KLAPMAN having the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3139 -- Reps. Hearn, Moss, Wells, Quinn, Wright and McGinnis: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 8, 1989, 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 8, 1989, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

H. 3252 -- Reps. Mattos, M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Vaughn, Wilkins and Manly: A CONCURRENT RESOLUTION CONGRATULATING THE FURMAN UNIVERSITY PALADINS FOOTBALL TEAM ON WINNING THE NCAA DIVISION I-AA NATIONAL CHAMPIONSHIP FOR THE 1988 COLLEGE FOOTBALL SEASON BY DEFEATING A TOUGH GEORGIA SOUTHERN TEAM IN THE TITLE GAME AT POCATELLO, IDAHO, RECOGNIZING THE PALADINS' NUMEROUS ACCOMPLISHMENTS DURING THE SEASON, INVITING THE FURMAN TEAM, COACHES, STAFF, AND THE UNIVERSITY'S PRESIDENT TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 15, 1989, AND INVITING HEAD COACH JIMMY SATTERFIELD TO ADDRESS THE JOINT SESSION.

H. 3291 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE H.F. (SPARKY) GIERKE OF NORTH DAKOTA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 29, 1989.

H. 3370 -- Reps. Kohn, Winstead, J. Bailey, Barber, Washington, Mappus, Rama, Hallman, Whipper, Holt, D. Martin and Corning: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF COLONEL BYRON E. LONG OF CHARLESTON WHO DIED DURING THE LEGISLATIVE INTERIM.

H. 3371 -- Reps. Davenport, Cole, Littlejohn, Ferguson, Lanford, McGinnis, Bruce and Wells: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE PETE JOHN KLEITCHES OF SPARTANBURG IN SPARTANBURG COUNTY.

H. 3405 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION SALUTING CLEMSON UNIVERSITY ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY, AND COMMENDING THIS EXEMPLARY INSTITUTION OF HIGHER LEARNING FOR ITS COMMITMENT TO EXCELLENCE IN EDUCATION.

H. 3406 -- Reps. Foster, R. Hayes, Kirsh, Nesbitt and Short: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. JOE GENTRY, ROCK HILL SCHOOL SUPERINTENDENT, UPON BEING NAMED ONE OF NORTH AMERICA'S TOP ONE HUNDRED SCHOOL ADMINISTRATORS THIS YEAR BY THE EXECUTIVE EDUCATOR, AN EDUCATORS' JOURNAL.

H. 3408 -- Reps. T.M. Burriss, Corning, Baker, H. Brown, Bruce, M.D. Burriss, Clyborne, Cole, Corbett, Cork, Davenport, Derrick, Fair, Hallman, Haskins, Hearn, Jaskwhich, J.C. Johnson, Keegan, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, McCain, Quinn, Rama, Sharpe, Simpson, Sturkie, Vaughn, Wells, Wilkins, Winstead and Wofford: A CONCURRENT RESOLUTION EXPRESSING CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO SOUTH CAROLINA NATIVE LEE ATWATER ON HIS ELECTION AS CHAIRMAN OF THE REPUBLICAN NATIONAL COMMITTEE.

H. 3411 -- Reps. D. Martin, Barber, Rama, Hallman, J. Bailey, Holt, Kohn, Mappus, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE MR. ARTHUR (ART) SHELL, JR., AN ASSISTANT COACH WITH THE LOS ANGELES RAIDERS AND A NATIVE OF CHARLESTON COUNTY, AS ONE OF FOUR PLAYERS WHO WAS NAMED TO THE PRO FOOTBALL HALL OF FAME ON TUESDAY, JANUARY 24, 1989, AND WILL BE ENSHRINED ON AUGUST 5, 1989.

ADJOURNMENT

At 11:30 A.M. the House in accordance with the motion of Rep. GORDON adjourned to meet at 10:00 A.M. tomorrow.


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