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

THURSDAY, JANUARY 23, 1986

Thursday, January 23, 1986
(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:

We thank You, Heavenly Father, for Your watchful care during the night and for this new day. May we see this day as God giving to us another chance. Help us to remember that all time belongs to You - that we are not to waste it or become slaves to appointment books and time pieces. Teach us to use our time creatively and constructively. Assist us to live this day and every day that at the end there is nothing to conceal from the all-seeing eye of the Giver of all things.

With the Psalmist of old, make us to know that "Thy Word is a lamp unto my feet, and a light upon my path". Amen.

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

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

REPORT OF STANDING COMMITTEES

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

H. 2762 -- Reps. P. Harris, J. Harris, Woods and Helmly: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION OF POTENTIALLY DANGEROUS PERSONS WHO ARE MENTALLY ILL, SO AS TO CHANGE THE TIME WITHIN WHICH A HEARING ON THE ADMISSION MUST BE HELD FROM TWENTY DAYS TO FROM TEN TO FIFTEEN DAYS.

Ordered for consideration tomorrow.

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

S. 483 -- Senator E. Patterson: A BILL TO REPEAL CHAPTER 47, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEXUAL STERILIZATION.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3346 -- Rep. Harvin: A HOUSE RESOLUTION TO AMEND THE RULES OF THE HOUSE BY ADDING RULE 5.21 SO AS TO PROVIDE THAT A BRIEF SUMMARY IN LAYMAN'S LANGUAGE OF EVERY STATEWIDE BILL AND JOINT RESOLUTION PLACED ON THE CALENDAR FOR SECOND READING CONSIDERATION MUST BE ATTACHED TO THE BILL OR JOINT RESOLUTION AND ALSO PLACED ON EACH MEMBER'S DESK, TO PROVIDE THE PERSONS RESPONSIBLE FOR PREPARING THIS SUMMARY, AND TO PROVIDE EXCEPTIONS.

The Resolution was ordered referred to the Committee on Rules.

CONCURRENT RESOLUTION

The following was introduced:

H. 3347 -- Reps. Petty and Harvin: A CONCURRENT RESOLUTION COMMENDING AND CONGRATULATING MR. JAMES R. ANDERSON, PROFESSIONAL TRUCK DRIVER WITH MILLIKEN AND COMPANY OF CAMPOBELLO, SPARTANBURG COUNTY, ON BEING DESIGNATED AS DRIVER OF THE YEAR FOR THE STATE OF SOUTH CAROLINA BY THE MOTOR TRANSPORTATION ASSOCIATION OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3353 -- Rep. K. Bailey: A CONCURRENT RESOLUTION CONGRATULATING LANDY WEATHERS, DAIRY FARMER OF BOWMAN, ORANGEBURG COUNTY, UPON BEING SELECTED BY THE SOUTH CAROLINA ASSOCIATION OF YOUNG FARMERS AS THE YOUNG STATE FARMER OF THE YEAR AND COMMENDING HIM FOR HIS OUTSTANDING WORK AND HIS DEDICATION TO FARMING.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3354 -- Reps. J.H. Burriss, Evatt and Derrick: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. AND MRS. GEORGE HEFLIN OF IRMO, LEXINGTON COUNTY, UPON THE TRAGIC LOSS OF THEIR CHILDREN, CAMILLE ANN AND ROBERT CRAIG.

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

INTRODUCTION OF BILLS

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

H. 3348 -- Reps. Mitchell, T. Rogers, Bennett, W. Arthur, Stoddard, R. Brown, Foxworth, Altman, Williams, Rice and Ferguson: A JOINT RESOLUTION TO PROVIDE FOR A STATEWIDE ADVISORY REFERENDUM TO DETERMINE THE WISHES OF THE QUALIFIED ELECTORS IN REGARD TO THE OPERATION OF LOTTERIES BY THE STATE.

Referred to Committee on Judiciary.

H. 3349 -- Rep. Rawl: A BILL TO AMEND SECTION 31-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA STATE HOUSING AUTHORITY, SO AS TO DELETE THE PROHIBITION AGAINST COMPENSATION FOR ITS NON EX OFFICIO COMMISSIONERS.

Referred to Committee on Labor, Commerce and Industry.

H. 3350 -- Reps. Harvin, Waldrop, Hawkins, Schwartz, G. Brown, S. Anderson, Shelton, Mitchell, Alexander, R. Brown, K. Bailey, Felder, Sturkie, Snow, Russell, Woodruff, J. Anderson, Jones, Washington, Williams and McLeod: A BILL TO DESIGNATE SECTIONS 23-15-20 THROUGH 23-15-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 15 OF TITLE 23 TO BE ENTITLED "GENERAL PROVISIONS"; TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 TO CHAPTER 15 OF TITLE 23 SO AS TO REQUIRE A MINIMUM ANNUAL SALARY FOR EACH SHERIFF IN THIS STATE ACCORDING TO THE POPULATION OF THE COUNTY IN WHICH HE IS ELECTED, TO PROVIDE THAT THE MINIMUM SALARIES BE INCREASED FOR SHERIFFS HAVING COMPLETED A FOUR-YEAR TERM OF OFFICE UNDER CERTAIN CONDITIONS, TO PROVIDE THAT A SHERIFF SHALL RECEIVE A SALARY SUPPLEMENT IF HE HAS THE RESPONSIBILITY FOR THE SUPERVISION AND MAINTENANCE OF THE COUNTY JAIL, PROVIDE THAT THE PROVISIONS OF THIS ACT MAY NOT BE CONSTRUED TO REDUCE THE SALARY OF ANY SHERIFF IN OFFICE ON JANUARY 1, 1985, AND PROVIDE THAT THE PROVISIONS OF THIS ACT PREVAIL WHEN THEY CONFLICT WITH OTHER STATUTES WHICH AFFECT THE COMPENSATION OF SHERIFFS.

Referred to Committee on Ways and Means.

H. 3351 -- Reps. McBride, Huff, Faber, K. Bailey, G. Bailey, Gilbert, Aydlette, Kay, Kirsh, T.M. Burriss, Lloyd Hendricks, Mitchell, T. Rogers, Rice, Hayes, Bennett, Harvin, Townsend, Felder, B.L. Hendricks, Fair, Day, Williams, Mattos, Limehouse, O. Phillips, Simpson, Elliott, Shelton, M.D. Burriss, Washington, P. Harris, Blatt, Winstead, Barfield, Sharpe, Jones, L. Martin, Cleveland, H. Brown and Lake: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-15 SO AS TO PROVIDE FOR THE EXTENSION OF POLICE JURISDICTION WITH REGARD TO THE UNLAWFUL OPERATION AND PARKING OF MOTOR VEHICLES TO PARKING LOTS OPEN TO THE PUBLIC AND TO REPEAL ACT 574 OF 1976, RELATING TO THE SAME SUBJECT.

Referred to Committee on Judiciary.

H. 3352 -- Reps. Rawl, W. Arthur, Sturkie, Gregory, Fair, Woodruff and J. Bradley: A BILL TO PROHIBIT THE SOUTH CAROLINA TAX COMMISSION FROM HAVING OR UTILIZING A CRIMINAL INTELLIGENCE DIVISION; TO LIMIT CERTAIN DISCOVERY PROCEDURES, INVESTIGATIONS, AND INTELLIGENCE-GATHERING BY THE COMMISSION TO CIVIL ACTIONS OR PROCEEDINGS; TO PROVIDE THAT IF THE DISCOVERY PROCEDURES, INVESTIGATIONS, AND INTELLIGENCE-GATHERING ARE NECESSARY FOR CRIMINAL ACTIONS, PROCEEDINGS, OR PROSECUTIONS, THE SOUTH CAROLINA ATTORNEY GENERAL'S OFFICE SHALL CARRY OUT THESE ACTIVITIES OR CONDUCT THE INVESTIGATIONS OR THE INTELLIGENCE-GATHERING; AND TO REPEAL ITEM (10) OF SECTION 12-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION'S AUTHORIZATION TO EXAMINE CASES IN WHICH, AMONG OTHER THINGS, EVASION OR VIOLATION OF THE LAWS OF THE STATE RELATING TO THE ASSESSMENT AND TAXATION OF PROPERTY IS COMPLAINED OF OR DISCOVERED.

Referred to Committee on Ways and Means.

ROLL CALL

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

Schwartz               Alexander              Anderson, J.
Arthur, J.             Aydlette               Bailey, G.
Bailey, K.             Barfield               Beasley
Bennett                Blackwell              Boan
Bradley, J.            Brett                  Brown, G.
Brown, H.              Burriss, J.H.          Burriss, T.M.
Carnell                Chamblee               Cleveland
Cork                   Dangerfield            Davenport
Day                    Derrick                Elliott
Evatt                  Faber                  Fair
Felder                 Ferguson               Foxworth
Freeman                Gentry                 Gilbert
Harris, J.             Harris, P.             Hawkins
Hearn                  Helmly                 Hendricks, L.
Holt                   Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Kohn                   Koon
Lake                   Mangum                 Marchant
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McEachin
McKay                  McLeod                 McTeer
Mitchell               Moss                   Neilson
Nettles                Pearce                 Petty
Phillips, L.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Russell
Sharpe                 Shelton                Simpson
Snow                   Stoddard               Taylor
Thrailkill             Toal                   Townsend
Tucker                 Washington             White
Wilkins                Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on January 23, 1986.

B. J. Gordon                      Robert J. Sheheen
D. Ogburn                         James E. Lockemy
M. J. Cooper                      R. Linwood Altman
Robert N. McLellan                Warren D. Arthur
A. Victor Rawl                    Paul Short
Jack Gregory                      Thomas E. Huff
William H. Jones                  Samuel R. Foster
Dave C. Waldrop                   T. W. Edwards
Tom G. Woodruff, Jr.              Lenoir Sturkie
Philip T. Bradley                 Charles L. Griffin
Larry Blanding                    Mickey Burriss
Rick Rigdon                       Thomas A. Limehouse
Sterling Anderson                 Alex Harvin III
Olin R. Phillips
Total Present--117

STATEMENT OF ATTENDANCE

Rep. RAWL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 21.

STATEMENT OF ATTENDANCE

Rep. RIGDON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 22.

LEAVES OF ABSENCE

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

The SPEAKER granted Rep. STODDARD a temporary leave of absence to attend a Highway Commission Meeting.

DOCTOR OF THE DAY

Announcement was made that Harrison L. Peeples is the Doctor of the Day for the General Assembly.

S. 826--DEBATE ADJOURNED

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

S. 826 -- Senator Leventis: A BILL TO AMEND SECTION 7-7-502, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PLACES OF THE VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE CERTAIN VOTING PLACES.

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. 827 -- Senators Garrison and Powell: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDEFINE PRECINCT LINES WITHIN THE CITY OF ANDERSON.

S. 825 -- Senator Bryan: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-288 IN LAURENS COUNTY, WHICH WILL THEN BE PLACED IN THE LAURENS COUNTY ROAD SYSTEM.

SENT TO THE SENATE

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

H. 2702 -- Reps. Hawkins, Gregory and J. Rogers: A JOINT RESOLUTION TO DIRECT THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO ERECT AN EXTENSION OF THE RAILING ON THE SIDES OF THE FRONT AND BACK PORCHES OF THE STATE HOUSE, SO AS TO ENCLOSE THE UPPER PLATFORMS WHICH EXTEND FROM THE PORCHES.

H. 3316 -- Rep. J. Anderson: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SLAUGHTER BROTHERS POST HOLDING CO., INC.

H. 3279--DEBATE ADJOURNED

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

H. 3279 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE FUNDS FOR PRISON CONSTRUCTION AND RENOVATIONS REQUIRED BY THE NELSON SETTLEMENT, TO PROVIDE THAT A COMBINATION OF CAPITAL FUND MONIES AND GENERAL OBLIGATION BONDS MUST BE USED FOR THE FUNDS, AND TO REQUIRE THE FUNDS TO BE RELEASED PURSUANT TO THE NELSON SETTLEMENT DEADLINES; TO AMEND SECTION 11-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE BONDS AND THE LIMITATION OF GENERAL REVENUES WHICH CAN BE USED FOR DEBT SERVICE, SO AS TO DELETE THE PROVISION REQUIRING THE LIMITATION TO DECREASE EACH FISCAL YEAR AND TO REQUIRE THE DEBT SERVICE EXPENDITURES FOR GENERAL OBLIGATION BONDS TO BE NO MORE THAN TWO AND ONE-HALF PERCENT OF THE GENERAL FUND OF THE PRIOR FISCAL YEAR BY FISCAL YEAR 1992-93; TO AMEND SECTION 11-11-310, AS AMENDED, RELATING TO LIMITATIONS ON ANNUAL APPROPRIATIONS, SO AS TO DELETE THE PROVISION AUTHORIZING REVENUES IN THE CAPITAL EXPENDITURE FUND TO BE APPROPRIATED FOR RETIRING BONDED INDEBTEDNESS OR FOR AVOIDING THE ISSUANCE OF BONDS AND TO REQUIRE THE REVENUE GENERATED FROM THE TWO AND ONE-HALF PERCENT CAPITAL EXPENDITURE FUND TO BE APPLIED TOWARD PRISON CONSTRUCTION WITH ANY EXCESS REVENUE TO BE USED TO FINANCE PROJECTS AUTHORIZED BY THE GENERAL ASSEMBLY; AND TO REQUIRE CAPITAL IMPROVEMENT PROJECTS TO BE SCHEDULED FOR FINANCING ACCORDING TO PRIORITY AS DETERMINED BY THE JOINT BOND REVIEW COMMITTEE.

H. 3283--DEBATE ADJOURNED

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

H. 3283 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS, TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE; TO REQUIRE MONIES PREVIOUSLY AUTHORIZED FOR PARKS, RECREATION AND TOURISM BE EXPENDED ON IMPROVEMENTS AT MYRTLE BEACH INSTEAD OF ON A SWIMMING POOL; TO REALLOCATE MONIES PREVIOUSLY AUTHORIZED FOR THE MUSEUM COMMISSION TO THE BUDGET AND CONTROL BOARD FOR THE MOUNT VERNON MILL SITE DEVELOPMENT; TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF MENTAL HEALTH TO FINANCE VARIOUS PROJECTS FROM SURPLUS PAYING PATIENT FEE DEBT SERVICE FUNDS; TO REQUIRE THE JOINT BOND REVIEW COMMITTEE TO SCHEDULE THE AUTHORIZATIONS, AS PROVIDED IN THIS ACT, INTO THE STATEWIDE CAPITAL IMPROVEMENTS PRIORITY SCHEDULE; AND TO AMEND ACT 194 OF 1979, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF WINTHROP COLLEGE TO DEFINE PAID ADMISSIONS BY WRITTEN POLICY WITH AN EXCEPTION, AND TO DELETE THE AUTHORITY OF THE COLLEGE TO LEVY AN ADMISSIONS FEE.

H. 2165--OBJECTIONS AND POINT OF ORDER

The following Bill was taken up.

H. 2165 -- Rep. Kohn: A BILL TO AMEND SECTION 56-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MINIMUM MEDICAL, HOSPITAL, AND DISABILITY INSURANCE AND ECONOMIC LOSS BENEFITS REQUIRED BY THE AUTOMOBILE REPARATION ACT, SO AS TO DELETE LANGUAGE WHICH PROHIBITS THE ASSIGNMENT OF THESE BENEFITS.

Reps. T. ROGERS and J. W. JOHNSON objected to the Bill.

POINT OF ORDER

Rep. DANGERFIELD 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. 2958--POINT OF ORDER

The following Bill was taken up.

H. 2958 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTIONS 40-15-70, 40-15-110, 40-15-130, 40-15-140, AS AMENDED, 40-15-170, 40-15-190, 40-15-200, AS AMENDED, 40-15-210, 40-15-250, 40-15-300, AND 40-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO TO CHANGE THE REFERENCE TO COUNCIL ON DENTAL EDUCATION OF THE AMERICAN DENTAL ASSOCIATION TO THE COMMISSION ON DENTAL ACCREDITATION, TO ALSO DEFINE THE PRACTICE OF DENTISTRY TO INCLUDE ANYONE WHO OWNS OR LEASES AN ESTABLISHMENT OF ANY KIND IN WHICH DENTAL SERVICES ARE PERFORMED; TO PERMIT DENTAL ASSISTANTS AND HYGIENISTS TO TAKE IMPRESSIONS UNDER SUPERVISION OF A DENTIST; TO PERMIT DENTISTS AND DENTAL SPECIALISTS TO ADVERTISE, REQUIRE DENTISTS PRACTICING UNDER A TRADE NAME OR AS AN EMPLOYEE OF A DENTIST OR OF A PROFESSIONAL ASSOCIATION TO DISPLAY HIS NAME AND PLACE OF PRACTICE AT THE ENTRANCE WHERE PRACTICE IS CONDUCTED AND TO WEAR A NAME TAG; TO REQUIRE APPLICANTS FOR LICENSE TO PRACTICE DENTISTRY TO PRESENT EVIDENCE OF GOOD MORAL CHARACTER AND A NONRESIDENT APPLICANT TO CERTIFY THAT HE HAS NOT VIOLATED THIS ACT AND TO PROVIDE THAT THE APPLICANT'S FEE BE FIXED BY REGULATION; TO PROVIDE THAT THE LICENSE OF A DENTIST OR DENTAL HYGIENIST WHO DOES NOT RESIDE OR PRACTICE IN THIS STATE FOR SIX SUCCESSIVE YEARS IS INACTIVE INSTEAD OF REVOKED; TO PROVIDE GROUNDS FOR REVOCATION, SUSPENSION, PROBATION, REPRIMAND, OR OTHER RESTRICTION OF THE LICENSE OF A DENTIST, DENTAL HYGIENIST, OR TECHNICIAN; TO PROVIDE FOR A PUBLIC OR PRIVATE REPRIMAND FOR VIOLATION OF THIS ACT AND PLACE THE PARTY ON PROBATION OR IMPOSE A FINE OF UP TO ONE THOUSAND DOLLARS; TO PROVIDE A PENALTY; AND TO PROVIDE THAT THE FEE FOR THE EXAMINATION FOR LICENSING SPECIALISTS IS FIXED BY REGULATION AND EXEMPT DIPLOMATES OF A NATIONAL CERTIFYING BOARD; AND TO AMEND THE CODE BY ADDING SECTIONS 40-15-215, 40-15-390, AND 40-15-400 SO AS TO PROVIDE THAT FINAL ORDERS OF THE BOARD THAT THE DENTIST, DENTAL HYGIENIST, OR TECHNICIAN IS GUILTY ARE MADE PUBLIC UNLESS THE ACCUSATION IS DISMISSED, PROVIDE THAT DENTISTS MAY NOT BE DENIED MEMBERSHIP ON THE MEDICAL STAFF OF A STATE LICENSED HOSPITAL, AND PERMIT AN INSURED TO CHOOSE ANY LICENSED DENTIST TO PROVIDE DENTAL SERVICES UNDER ACCIDENT AND HEALTH CARE INSURANCE OR DENTAL PLAN.

POINT OF ORDER

Rep. DANGERFIELD 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.

ORDERED TO THIRD READING

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

H. 3330 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 1986 ONLY, ALL COUNTIES WITH A POPULATION OF TWENTY-FIVE THOUSAND OR LESS AS DETERMINED BY THE MOST RECENT OFFICIAL UNITED STATES CENSUS, WHICH ARE NOT OTHERWISE DESIGNATED AS A LESS DEVELOPED AREA OF THE STATE PURSUANT TO SECTION 12-7-616 OF THE 1976 CODE FOR PURPOSES OF THE TAX CREDIT FOR NEW JOBS, ARE ALSO CONSIDERED A LESS DEVELOPED AREA FOR PURPOSES OF THIS TAX CREDIT FOR NEW JOBS.

H. 3331 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1981, 1982, 1983, 1984, 1985, AND 1986 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1986.

H. 3334 -- Reps. McAbee and Toal: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE JOINT MUNICIPAL WATER SYSTEMS ACT, SO AS TO INCLUDE WITHIN THE DEFINITION OF "PROJECT" THE COLLECTION, TREATMENT, AND DISPOSAL OF WASTEWATER; TO AMEND THE CODE BY ADDING SECTIONS 6-25-25 AND 6-25-35 SO AS TO AUTHORIZE A JOINT SYSTEM FORMED UNDER THE PROVISIONS OF THE JOINT MUNICIPAL WATER SYSTEMS ACT TO PURCHASE, CONSTRUCT, ACQUIRE, AND TO DO OTHER ACTS NECESSARY TO ACCOMPLISH THE PURPOSES AUTHORIZED UNDER THE ACT AND TO INCLUDE THE NEW PURPOSES AS ADDED BY THE PROVISIONS OF THIS ACT WHEN REFERRING TO PROJECT PURPOSES PERTAINING SPECIFICALLY TO WATER.

Rep. McABEE explained the Bill.

H. 3338 -- Agriculture and Natural Resources Committee: A BILL TO REPEAL SECTION 46-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT RECORDS OF THE COMMISSIONER OF AGRICULTURE MUST BE KEPT AND PRESERVED FOR FIVE YEARS.

H. 3331--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 3331 be read the third time tomorrow.

H. 3334--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 3334 be read the third time tomorrow.

OBJECTION TO MOTION

Rep. SNOW asked unanimous consent that H. 3338 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 3332--DEBATE ADJOURNED

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

H. 3332 -- Rep. McAbee: A BILL TO VEST IN CLEMSON UNIVERSITY THE TITLE TO LANDS CONSTITUTING PORTIONS OF THE OLD PEE DEE EXPERIMENT STATION IN FLORENCE COUNTY PREVIOUSLY ACQUIRED BY THE STATE OF SOUTH CAROLINA FOR THE USE OF CLEMSON UNIVERSITY IN ITS AGRICULTURAL RESEARCH PROGRAM.

H. 3337--DEBATE ADJOURNED

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

H. 3337 -- Agriculture and Natural Resources Committee: A BILL TO REPEAL SECTIONS 39-19-240, 39-19-250, 39-19-260, 39-19-270, AND 39-19-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF TOBACCO WAREHOUSEMEN.

H. 3339--POINT OF ORDER

The following Bill was taken up.

H. 3339 -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 7 SO AS TO PROVIDE STANDARDS GOVERNING CANCELLATION, NONRENEWAL, AND RENEWAL OF PROPERTY INSURANCE AND CASUALTY INSURANCE COVERAGES, INCLUDING, AMONG OTHER THINGS, THE ESTABLISHMENT OF UNLAWFUL ACTS.

POINT OF ORDER

Rep. DANGERFIELD 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. 2209--DEBATE ADJOURNED

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

H. 2209 -- Reps. Cork, Aydlette, W. Arthur, Lloyd Hendricks, Cooper, Evatt, Woodruff, Huff, M.D. Burriss, Harvin, Marchant, Blanding, Koon, Carnell, Hawkins and Schwartz: A BILL TO AMEND ACT 190 OF 1979, RELATING TO FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE FIRE COMMISSION IS THE SINGLE SOURCE OF AUTHORITY TO PROMULGATE FIRE PREVENTION AND PROTECTION REGULATIONS AND TO PROVIDE THAT THE FIRE COMMISSION MAY NOT PROMULGATE REGULATIONS CONCERNING THE UNIFORM STANDARD FOR MANUFACTURED HOUSING; TO AMEND SECTION 23-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT FIRE MARSHALS, SO AS TO AUTHORIZE PERSONS CERTIFIED BY THE STATE FIRE MARSHAL TO EXERCISE THE POWERS AND DUTIES OF THE STATE FIRE MARSHAL AND TO AMEND SECTION 23-9-60, AS AMENDED, RELATING TO FIRE PREVENTION AND PROTECTION STANDARDS, SO AS TO DELETE THE REFERENCE TO MINIMUM STANDARDS.

H. 2259--COMMITTEE OF CONFERENCE APPOINTED
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 23, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 2259.

H. 2259 -- Reps. Ferguson, Kirsh and Lewis: A BILL TO AMEND ARTICLES 3, 7, 9, AND 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURIES AND CERTAIN JURY PROCEDURES, SO AS TO REVISE THE SELECTION PROCESS FOR JURORS OF THE PETIT AND GRAND JURIES, AND TO REPEAL ARTICLE 5, CHAPTER 7 OF TITLE 14, RELATING TO THE ALTERNATIVE METHOD OF DRAWING AND SUMMONING JURORS IN THE CIRCUIT COURT, AND TO REPEAL ACT 208 OF 1977, RELATING TO JURY POOLS WHEN CONCURRENT TERMS OF CIRCUIT COURT ARE SCHEDULED.
Very respectfully,
President.

No. 3

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

Whereupon, the Chair appointed Reps. SHEHEEN, FERGUSON and THRAILKILL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 2287--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 5.

H. 2287 -- Reps. Toal, J. Rogers, Hughston, J.W. Johnson, Klapman, Archibald, Sheheen, Kirsh, Wilkins, Taylor, McBride, Mangum, Woodruff, Faber, Schwartz, Keyserling, Pearce, Freeman, McLellan, Cleveland, Shelton, Harvin, P. Harris, Hayes, S. Anderson, Foxworth, B.L. Hendricks, Lloyd Hendricks, White, Gulledge, Russell, and Limehouse: A BILL TO AMEND SECTION 5-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF A PETITION SIGNED BY A MAJORITY OF FREEHOLDERS IN AN AREA DESIRING TO BE ANNEXED TO A MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT AN ELECTION BE HELD WITHIN THE ANNEXING MUNICIPALITY; SECTION 5-3-60, RELATING TO NOTICE OF THE ANNEXATION ELECTION HELD UNDER THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE BE POSTED IN THREE CONSPICUOUS PLACES WITHIN THE ANNEXING MUNICIPALITY; AND SECTIONS 5-3-70 AND 5-3-80, RELATING TO THE CONDUCT AND RESULTS OF THE ELECTION INITIATED PURSUANT TO THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE REFERENCES TO THE ELECTION BEING CONDUCTED AND VOTES BEING COUNTED WITHIN THE ANNEXING MUNICIPALITY.

AMENDMENT NO. 5--ADOPTED

Debate was resumed on Amendment No. 5, which was introduced on Wednesday, January 22, by Reps. TOAL, et. al.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. LEWIS and TOAL proposed the following Amendment No. 6 (Doc. No. 1272R), which was adopted.

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

/SECTION ___. No provision of this act shall repeal, modify, or abridge any provision of Act 431 of 1984./

Renumber sections to conform.

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Rep. WINSTEAD moved to reconsider the vote whereby Amendment No. 5 was adopted.

Rep. TOAL moved to table the motion.

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

Yeas 61; Nays 26

Those who voted in the affirmative are:

Schwartz               Alexander              Altman
Anderson, J.           Arthur, J.             Arthur, W.
Barfield               Beasley                Bennett
Blackwell              Brett                  Brown, H.
Brown, R.              Burriss, J.H.          Chamblee
Cleveland              Cooper                 Cork
Davenport              Derrick                Edwards
Evatt                  Faber                  Fair
Foster                 Freeman                Gentry
Gilbert                Harris, J.             Harris, P.
Hawkins                Hendricks, L.          Johnson, J.C.
Johnson, J.W.          Jones                  Keyserling
Kirsh                  Lake                   Mangum
Martin, L.             Mattos                 McBride
McLellan               McLeod                 Mitchell
Neilson                Pearce                 Petty
Phillips, L.           Rice                   Rogers, T.
Russell                Shelton                Short
Simpson                Taylor                 Toal
Townsend               Tucker                 Waldrop
Woodruff

Total--61

Those who voted in the negative are:

Aydlette               Bailey, G.             Bailey, K.
Boan                   Bradley, J.            Carnell
Dangerfield            Day                    Foxworth
Gordon                 Gregory                Holt
Huff                   Kay                    Koon
Limehouse              Lockemy                Martin, D.
McAbee                 McEachin               McKay
Moss                   Nettles                Rawl
Washington             Winstead

Total--26

So, the motion to table the motion to reconsider was agreed to.

Rep. TOAL explained the Bill.

Rep J. BRADLEY spoke against the Bill.

Rep. WINSTEAD moved that the House do now adjourn.

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

Yeas 20; Nays 82

Those who voted in the affirmative are:

Bennett                Bradley, J.            Bradley, P.
Brown, G.              Carnell                Dangerfield
Foxworth               Gordon                 Holt
Johnson, J.C.          Kay                    Kohn
Limehouse              McAbee                 McLeod
Rawl                   Rogers, J.             Townsend
Waldrop                Winstead

Total--20

Those who voted in the negative are:

Schwartz               Alexander              Altman
Arthur, J.             Arthur, W.             Aydlette
Bailey, K.             Barfield               Beasley
Blackwell              Boan                   Brett
Brown, H.              Burriss, J.H.          Burriss, T.M.
Chamblee               Cleveland              Cooper
Cork                   Davenport              Derrick
Edwards                Elliott                Evatt
Faber                  Fair                   Foster
Freeman                Gentry                 Gilbert
Gregory                Griffin                Harris, J.
Harris, P.             Hawkins                Hendricks, L.
Huff                   Johnson, J.W.          Jones
Keyserling             Kirsh                  Klapman
Koon                   Lake                   Lockemy
Mangum                 Marchant               Martin, D.
Martin, L.             Mattos                 McBride
McEachin               McKay                  McLellan
McTeer                 Mitchell               Moss
Neilson                Nettles                Ogburn
Pearce                 Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, T.             Russell                Sharpe
Sheheen                Shelton                Short
Simpson                Snow                   Sturkie
Taylor                 Toal                   Tucker
White                  Wilkins                Williams
Woodruff

Total--82

So, the House refused to adjourn.

Rep. J. BRADLEY continued speaking.

Rep. G. BROWN moved that the House do now adjourn.

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

Yeas 27; Nays 68

Those who voted in the affirmative are:

Aydlette               Bailey, K.             Bennett
Bradley, J.            Bradley, P.            Brown, G.
Burriss, M.D.          Burriss, T.M.          Carnell
Cork                   Dangerfield            Foxworth
Hearn                  Holt                   Johnson, J.C.
Kohn                   Limehouse              Marchant
Martin, D.             Martin, L.             McAbee
McEachin               McKay                  Rawl
Rogers, J.             Washington             Winstead

Total--27

Those who voted in the negative are:

Schwartz               Alexander              Arthur, J.
Arthur, W.             Bailey, G.             Barfield
Beasley                Blackwell              Boan
Brett                  Brown, H.              Chamblee
Cleveland              Davenport              Derrick
Edwards                Elliott                Faber
Felder                 Ferguson               Foster
Freeman                Gentry                 Gilbert
Gregory                Harris, J.             Harris, P.
Harvin                 Hawkins                Helmly
Huff                   Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Koon                   Lake
Lockemy                Mangum                 Mattos
McBride                McLellan               McTeer
Moss                   Neilson                Nettles
Pierce                 Petty                  Phillips, O.
Rice                   Rogers, T.             Russell
Sharpe                 Sheheen                Shelton
Short                  Sturkie                Taylor
Thrailkill             Toal                   Townsend
Tucker                 Waldrop                White
Williams               Woodruff

Total--68

So, the House refused to adjourn.

Rep. J. BRADLEY continued speaking.

Rep. P. BRADLEY moved to table the Bill.

POINT OF ORDER

Rep. TOAL raised the Point of Order that the motion to table the Bill was improper while a member had the floor.

The SPEAKER sustained the Point of Order.

Rep. P. BRADLEY moved to continue the Bill.

PARLIAMENTARY INQUIRY

Rep. TOAL inquired whether the motion to continue could be made in the second year of the session, since it had the effect to table the Bill, which was improper.

The SPEAKER stated that it was a separate and proper motion, and was permissible.

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

Yeas 18; Nays 75

Those who voted in the affirmative are:

Aydlette               Bradley, J.            Bradley, P.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Davenport              Day
Foxworth               Hearn                  Holt
Kohn                   McAbee                 McEachin
McKay                  Rogers, T.             Winstead

Total--18

Those who voted in the negative are:

Schwartz               Alexander              Arthur, J.
Arthur, W.             Bailey, G.             Bailey, K.
Barfield               Beasley                Bennett
Blackwell              Boan                   Brett
Brown, H.              Cleveland              Cooper
Dangerfield            Derrick                Edwards
Elliott                Faber                  Fair
Felder                 Ferguson               Foster
Freeman                Gentry                 Gilbert
Gregory                Harris, J.             Harris, P.
Harvin                 Hawkins                Helmly
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Koon                   Lake                   Limehouse
Lockemy                Mangum                 Marchant
Martin, D.             Martin, L.             Mattos
McBride                McLellan               McTeer
Mitchell               Moss                   Neilson
Nettles                Ogburn                 Pearce
Petty                  Phillips, O.           Rice
Rigdon                 Rogers, J.             Russell
Sharpe                 Sheheen                Shelton
Short                  Simpson                Sturkie
Taylor                 Toal                   Townsend
Tucker                 Williams               Woodruff

Total--75

So, the House refused to continue the Bill.

Rep. J. BRADLEY continued speaking.

LEAVE OF ABSENCE

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

Rep. J. BRADLEY continued speaking.

Rep. CARNELL moved that the House do now adjourn.

Rep. TOAL demanded the yeas and nays, which were not ordered.

So the House refused to adjourn by a division vote of 38 to 47.

Rep. J. BRADLEY continued speaking.

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

POINT OF ORDER

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

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

Yeas 37; Nays 62

Those who voted in the affirmative are:

Arthur, W.             Aydlette               Bailey, K.
Bennett                Bradley, J.            Bradley, P.
Brown, G.              Burriss, M.D.          Burriss, T.M.
Carnell                Dangerfield            Day
Ferguson               Foxworth               Gregory
Hawkins                Hearn                  Holt
Johnson, J.C.          Kohn                   Limehouse
Marchant               Martin, D.             McAbee
McEachin               McKay                  McLeod
Mitchell               Nettles                Rawl
Rigdon                 Rogers, J.             Russell
Washington             Wilkins                Williams
Winstead

Total--37

Those who voted in the negative are:

Schwartz               Alexander              Arthur, J.
Bailey, G.             Barfield               Blackwell
Boan                   Brown, H.              Chamblee
Cleveland              Cooper                 Cork
Davenport              Derrick                Edwards
Elliott                Evatt                  Faber
Fair                   Felder                 Foster
Freeman                Gentry                 Gilbert
Gordon                 Harris, J.             Harris, P.
Harvin                 Hendricks, L.          Huff
Johnson, J.W.          Jones                  Kay
Kirsh                  Klapman                Koon
Lake                   Lockemy                Mattos
McBride                McLellan               McTeer
Moss                   Neilson                Ogburn
Pearce                 Petty                  Rice
Rogers, T.             Sharpe                 Sheheen
Shelton                Short                  Simpson
Sturkie                Taylor                 Toal
Townsend               Tucker                 Waldrop
White                  Woodruff

Total--62

So, the House refused to adjourn.

Rep. J. BRADLEY continued speaking.

Rep. RAWL moved that the time of the speaker be extended thirty minutes.

POINT OF ORDER

Rep. TOAL raised the Point of Order that the motion to extend Rep. J. BRADLEY's time was improper while he had the floor.

The SPEAKER, citing Rule 5.19(a), overruled the Point of Order and stated he would put the motion.

Rep. TOAL then raised the Point of Order that the motion could not be put while the member speaking had the floor, but must come after his time had expired.

The SPEAKER sustained the Point of Order and stated the motion would be up immediately when Rep. J. BRADLEY'S time had expired.

Rep. J. BRADLEY continued speaking.

The question then recurred to the motion to extend Rep. J. BRADLEY'S time by thirty minutes.

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

Yeas 83; Nays 8

Those who voted in the affirmative are:

Schwartz               Anderson, J.           Arthur, J.
Arthur, W.             Aydlette               Bailey, G.
Bailey, K.             Barfield               Beasley
Bennett                Blackwell              Bradley, J.
Bradley, P.            Brett                  Brown, G.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cleveland
Cooper                 Cork                   Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Evatt
Faber                  Felder                 Foxworth
Gentry                 Gordon                 Gregory
Harris, P.             Harvin                 Hawkins
Hearn                  Helmly                 Hendricks, L.
Holt                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Kohn                   Koon
Lake                   Limehouse              Lockemy
McAbee                 McEachin               McKay
McLellan               Mitchell               Moss
Neilson                Nettles                Ogburn
Pearce                 Petty                  Phillips, O.
Rawl                   Rogers, J.             Russell
Sharpe                 Sheheen                Short
Simpson                Sturkie                Thrailkill
Townsend               Tucker                 Waldrop
Washington             White                  Wilkins
Winstead               Woodruff

Total--83

Those who voted in the negative are:

Brown, H.              Freeman                Mattos
McTeer                 Rice                   Shelton
Taylor                 Toal

Total--8

So, the motion to extend Rep. J. BRADLEY'S time by thirty minutes was agreed to.

Rep. HOLT moved that the House do now adjourn.

POINT OF ORDER

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

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

Yeas 46; Nays 50

Those who voted in the affirmative are:

Anderson, J.           Arthur, J.             Arthur, W.
Aydlette               Bailey, K.             Bennett
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Cooper
Cork                   Dangerfield            Day
Foxworth               Gordon                 Gregory
Hawkins                Hearn                  Helmly
Holt                   Johnson, J.C.          Kohn
Limehouse              Martin, D.             McAbee
McEachin               McKay                  McLeod
Mitchell               Nettles                Phillips, O.
Rawl                   Rigdon                 Rogers, J.
Russell                Simpson                Thrailkill
Waldrop                Washington             White
Winstead

Total--46

Those who voted in the negative are:

Schwartz               Alexander              Anderson, S.
Bailey, G.             Barfield               Blackwell
Boan                   Chamblee               Cleveland
Davenport              Derrick                Edwards
Elliott                Faber                  Fair
Felder                 Freeman                Gentry
Gilbert                Harris, P.             Harvin
Johnson, J.W.          Jones                  Kay
Kirsh                  Klapman                Koon
Lake                   Lockemy                McBride
McLellan               McTeer                 Moss
Neilson                Ogburn                 Pearce
Petty                  Phillips, L.           Rice
Rogers, T.             Sharpe                 Sheheen
Shelton                Sturkie                Taylor
Toal                   Townsend               Tucker
Wilkins                Woodruff

Total--50

So, the House refused to adjourn.

SPEAKER PRO TEMPORE IN CHAIR
PARLIAMENTARY INQUIRY

Rep. CARNELL inquired whether the thirty minutes extended to Rep. J. BRADLEY were added on to his first speech on the Bill, or if it constituted his second time speaking.

The SPEAKER Pro Tempore stated that the extended time would be added on his first speech, and that Rep. J. BRADLEY would still be entitled to a second time speaking on the Bill.

Rep. J. BRADLEY continued speaking.

Rep. WALDROP moved that the House do now adjourn.

POINT OF ORDER

Rep. TOAL 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. J. BRADLEY continued speaking.

Rep. TUCKER moved that the House do now adjourn.

POINT OF ORDER

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

Rep. TOAL demanded the yeas and nays, which were not ordered.

The motion to adjourn was agreed to by a division vote of 53 to 27.

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

CONCURRENT RESOLUTION

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

H. 3355 -- Rep. Harvin: A CONCURRENT RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO DESIGNATE THE WEEK OF JANUARY 26, 1986, TO FEBRUARY 1, 1986, AS "TRUCK AND BUS SAFETY WEEK".

Whereas, trucks and buses provide essential transportation services to all Americans; and

Whereas, five million trucks travel more than one hundred thirty-eight billion miles each year, bringing raw materials, finished goods, food, and other essential products to market; and

Whereas, the trucking industry alone employs more than seven million, four hundred thousand Americans and generates annual revenues in excess of two hundred billion dollars; and

Whereas, the bus industry employs approximately fifty thousand people and provides service to over ten thousand cities and communities; and

Whereas, the safe maintenance and operation of trucks and buses are vital to the health and safety of motorists, pedestrians, and other users of the Nation's highways, roads, and streets; and

Whereas, the safe maintenance and operation of trucks and buses also are vital to the companies and individuals directly involved in the provision of such transportation services; and

Whereas, the safe maintenance and operation of trucks carrying hazardous materials are essential not only to the safety of the immediate highway environment but often to the surrounding environment as well; and

Whereas, state governments are increasing their efforts to improve safety compliance both on their own and with funding assistance provided by the federal government; and

Whereas, there is a continuing need for congressional inducement to improve highway safety; and

Whereas, improvements in the safe operation of trucks and buses result from activities undertaken by management and labor, including activities to ensure driver professionalism. Now, therefore,

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

That the General Assembly is requested to designate the week of January 26, 1986, to February 1, 1986, as "Truck and Bus Safety Week" and call upon federal, state, and local government agencies and the citizens of South Carolina to observe the week with appropriate programs, ceremonies, and activities.

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., January 23, 1986

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. 452:

S. 452 -- Finance Committee: A BILL TO AMEND SECTION 12-15-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE GROSS ESTATE OF A RESIDENT DECEDENT; TO AMEND SECTION 12-15-60, AS AMENDED, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE TAXABLE ESTATE OF A RESIDENT DECEDENT; TO AMEND SECTION 12-15-250, AS AMENDED, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE TAXABLE ESTATE OF A NONRESIDENT DECEDENT; TO AMEND SECTION 12-15-1540, AS AMENDED, RELATING TO THE LIABILITY OF BENEFICIARIES RECEIVING PROCEEDS OF LIFE INSURANCE POLICIES AND RELATED ITEMS; TO AMEND SECTION 12-15-1550, RELATING TO THE APPLICABILITY OF CERTAIN ESTATE TAX PROVISIONS OF LAW; TO AMEND SECTION 12-17-40, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "TAXABLE GIFTS"; AND TO AMEND SECTION 12-17-44, RELATING TO THE EFFECT THAT CERTAIN DISCLAIMERS OF PROPERTY INTERESTS HAVE UPON THE IMPOSITION OF THE GIFT TAX THEREON, SO AS TO REVISE THESE PROVISIONS FOR THE PURPOSE OF ADOPTING BY REFERENCE FOR STATE OF SOUTH CAROLINA PURPOSES CERTAIN FEDERAL PROVISIONS OF LAW.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President.

No. 5

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., January 23, 1986

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. 403:

S. 403 -- Senators Waddell, Lourie, Leatherman and Theodore: A BILL TO AMEND SECTION 12-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE INCOME TAX, SO AS TO DELETE AS AN EXEMPTION FROM NET INCOME THE EXEMPTION FOR A SPECIAL NEEDS CHILD, TO AMEND SECTION 12-7-330, AS AMENDED, RELATING TO EXEMPT ORGANIZATIONS, SO AS TO INCLUDE INSURANCE COMPANIES, TO AMEND SECTION 12-7-560, AS AMENDED, RELATING TO ITEMS OF INCOME NOT INCLUDED IN GROSS INCOME FOR PURPOSES OF STATE INCOME TAX, SO AS TO CLARIFY THE EXCLUSION OF GAIN ON THE SALE OF A TAXPAYER'S PRINCIPAL RESIDENCE; TO AMEND SECTION 12-7-660, AS AMENDED, RELATING TO THE DEFINITIONS OF ADJUSTED GROSS INCOME FOR PURPOSES OF STATE INCOME TAX, SO AS TO EXCLUDE FROM ADJUSTED GROSS INCOME TWO THOUSAND DOLLARS FOR TAXPAYERS ADOPTING A SPECIAL NEEDS CHILD, TO AMEND SECTION 12-7-700, AS AMENDED, RELATING TO DEDUCTIONS IN COMPUTING NET INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE TREATMENT OF RECAPTURE OF DEPRECIATION, TO AMEND SECTION 12-7-710, AS AMENDED, RELATING TO THE OPTIONAL STANDARD DEDUCTION FOR STATE INCOME TAX PURPOSES, SO AS TO CLARIFY THE DEDUCTION; TO AMEND SECTION 12-7-1640, RELATING TO FILING INCOME TAX RETURNS, SO AS TO CLARIFY FILING REQUIREMENTS FOR EXEMPT ORGANIZATIONS, TO AMEND SECTION 12-7-2240, AS AMENDED, RELATING TO TAX REFUNDS, SO AS TO PROVIDE A PROCEDURE FOR A TAXPAYER TO CHALLENGE WITHHOLDING OF A REFUND BECAUSE OF A STUDENT LOAN DEFAULT, TO AMEND SECTION 12-19-20, AS AMENDED, RELATING TO LICENSE FEES OF CORPORATIONS, SO AS TO CLARIFY REPORTING REQUIREMENTS OF EXEMPT ORGANIZATIONS, TO AMEND ARTICLE 19, CHAPTER 21, OF TITLE 12 OF THE 1976 CODE, RELATING TO THE TAX ON X-RATED MOVIES, SO AS TO MOVE TO THE ARTICLE THE PROVISIONS RELATING TO COIN-OPERATED MACHINES AND DEVICES AND OTHER AMUSEMENTS ADMINISTERED BY THE SOUTH CAROLINA TAX COMMISSION, TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1125, SO AS TO EXEMPT INDIVIDUALS RENTING ACCOMMODATIONS TO TRANSIENTS FOR ONE WEEK OR LESS IN A CALENDAR QUARTER FROM OBTAINING RETAIL LICENSES AND TO PRESCRIBE A METHOD FOR THEIR PAYING SALES AND ACCOMMODATIONS TAXES ON RENTALS, AND TO REPEAL CHAPTERS 11 AND 15 OF TITLE 52 OF THE 1976 CODE, RELATING TO POOL, BILLIARDS, AND COIN-OPERATED MACHINES AND DEVICES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President.

No. 4

Received as information.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2906 -- Reps. Williams and Helmly: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO NAME THE NEW BOAT LANDING AT DUCK POND IN CROSS, SOUTH CAROLINA, AS THE "FRED L. DAY BOAT AND HANDICAPPED FISHING LANDING".

H. 2919 -- Reps. Klapman, Derrick, Sharpe and J.H. Burriss: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO NAME THE NEW BOAT LANDING ON LAKE MURRAY IN THE SHULL'S ISLAND AREA AS THE "LARRY L. KOON BOAT LANDING".

H. 3319 -- Reps. McLellan, Sheheen, Townsend, Kay, Klapman, Blackwell, Blatt, Toal, Simpson, Alexander, McAbee, Helmly, Tucker, Winstead, Dangerfield, McTeer and Chamblee: A CONCURRENT RESOLUTION EXPRESSING THE SENSE OF THE GENERAL ASSEMBLY THAT THE WORDS "DATE DUE" WITH RESPECT TO THE DATE BY WHICH PAYMENT MUST BE MADE IN SECTION 16(3), PART II, OF ACT 512 OF 1984 (THE PHASED-IN EXEMPTION OF BUSINESS INVENTORIES FROM AD VALOREM TAXATION) MEANS THE DATE AFTER WHICH PENALTIES ATTACH FOR PAYMENT OF 1985 AD VALOREM TAXES IN THE VARIOUS TAXING JURISDICTIONS OF THIS STATE.

H. 3326 -- Reps. Lloyd I. Hendricks, T. Rogers, Toal, McBride, Taylor, Faber, Hearn, M.D. Burriss, Evatt and T.M. Burriss: A CONCURRENT RESOLUTION TO CONGRATULATE J. WILLIS CANTEY OF COLUMBIA UPON RECEIVING THE FIRST DISTINGUISHED SERVICE AWARD PRESENTED BY THE PALMETTO STATE CHAPTER OF THE ASSOCIATION OF THE U.S. ARMY.

H. 3327 -- Reps. Thrailkill, Pearce, Elliott and Barfield: A CONCURRENT RESOLUTION TO COMMEND MRS. ELIZABETH SHAW FOR HER FORTY-THREE YEARS OF DEDICATED AND EFFICIENT SERVICE TO THE CANAL WOOD CORPORATION IN HORRY COUNTY AND TO CONGRATULATE HER FOR BEING APPOINTED TO SERVE ON THE HORRY COUNTY HIGHER EDUCATION COMMISSION.

H. 3328 -- Reps. Helmly, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Blatt, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT AND CONCERN OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR BELOVED FRIEND AND ESTEEMED COLLEAGUE, SENATOR REMBERT C. DENNIS, AND HIS FAMILY AS A RESULT OF THIS LATEST TRAGIC MISFORTUNE, THE DESTRUCTION BY FIRE OF THEIR HOME, LEWISFIELD PLANTATION, IN MONCKS CORNER.

H. 3329 -- Reps. T. Rogers, Faber, Toal, Taylor, Lloyd Hendricks and McBride: A CONCURRENT RESOLUTION TO CONGRATULATE RANDY AND MARTHA KISER, AS THE PARENTS, AND GEORGE AND HAZEL KISER AND BILL AND JANE MANSFIELD, AS THE GRANDPARENTS, OF THEIR DAUGHTER AND GRANDDAUGHTER OF EMILY ELIZABETH KISER WHO WAS BORN ON JULY 31, 1985.

H. 3347 -- Reps. Petty and Harvin: A CONCURRENT RESOLUTION COMMENDING AND CONGRATULATING MR. JAMES R. ANDERSON, PROFESSIONAL TRUCK DRIVER WITH MILLIKEN AND COMPANY OF CAMPOBELLO, SPARTANBURG COUNTY, ON BEING DESIGNATED AS DRIVER OF THE YEAR FOR THE STATE OF SOUTH CAROLINA BY THE MOTOR TRANSPORTATION ASSOCIATION OF SOUTH CAROLINA.

H. 3353 -- Rep. K. Bailey: A CONCURRENT RESOLUTION CONGRATULATING LANDY WEATHERS, DAIRY FARMER OF BOWMAN, ORANGEBURG COUNTY, UPON BEING SELECTED BY THE SOUTH CAROLINA ASSOCIATION OF YOUNG FARMERS AS THE YOUNG STATE FARMER OF THE YEAR AND COMMENDING HIM FOR HIS OUTSTANDING WORK AND HIS DEDICATION TO FARMING.

H. 3354 -- Reps. J.H. Burriss, Evatt and Derrick: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. AND MRS. GEORGE HEFLIN OF IRMO, LEXINGTON COUNTY, UPON THE TRAGIC LOSS OF THEIR CHILDREN, CAMILLE ANN AND ROBERT CRAIG.

ADJOURNMENT

At 12:20 P.M. the House in accordance with the motion of Rep. TUCKER adjourned to meet at 10:00 A.M. tomorrow.

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