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

TUESDAY, JANUARY 28, 1986

Tuesday, January 28, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Rev. Donald T. Burriss, Pastor of Bush River Baptist Church in Newberry, S.C. as follows:

Eternal Heavenly Father, we praise Thee as the Creator of the Universe. Thy wisdom and understanding have no limitations. Dear Lord, we beseech Thee to bestow thy manifold blessings upon this assembly.

Grant unto these legislators Your patience, knowledge, and cooperative spirit. We ask, O Lord, that you grant great rewards as they give their time and talents to attend to the matters of State.

We implore You, O God, grant grace and comfort to the families and loved ones for our heroic astronauts. Bless them O Lord we pray.

Forever and Forever. 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. McTEER.

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

REPORT BY CLERK OF THE HOUSE OF SALE OF 1985
SOUTH CAROLINA LEGISLATIVE MANUAL

The following was received.

In accordance with the action taken by the General Assembly on April 9, 1963, and Act. No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:

Cash on Hand     $     10.00
Total number of Manuals sold from
May 8, 1985 to January 14, 1986
1,833 @ $4.00 each     $     7,332.00

Total     $     7,342.00

Accounting:
Cash on Hand     $     10.00
Cash Deposited in State's
General Fund     $     7,332.00

Total     $     7,342.00

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

Lois T. Shealy
Clerk of the House

January 24, 1986

Received as information.

SILENT PRAYER

On motion of Rep. SCHWARTZ, with unanimous consent, the House stood in silent prayer in memory of the astronauts aboard the space shuttle "Challenger".

INVITATIONS

The following were received and referred to the Committee on Invitations and Memorial Resolutions.

August 7, 1985
The Honorable Robert R. Woods
Chairman
House Invitations Committee
518 Blatt Building
Columbia, S.C. 29202

Dear Rep. Woods:

This is to formally invite all Members of the House, clerks, and attaches to a legislative-wide cocktail buffet reception Tuesday evening, February 25, 1986, from 6:00 P.M. to 8:00 P.M., at the Columbia Marriott, sponsored by Du Pont. Earlier, we had reserved this date with your committee.

A similiar invitation is being sent to the Senate Invitations Committee.

We look forward to hosting this event for the General Assembly. If you have any questions, please let me know.

Sincerely
R. D. Demarest
Plant Manager

August 26, 1985
The Honorable Robert R. Woods, Chm.
House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Woods:

The South Carolina Recreation and Parks Society (SCRPS) would like to extend an invitation to all members of the House of Representatives to attend a Drop-In at the Carolina Inn on 937 Assembly Street, Columbia, South Carolina. The date of the Drop-In is Tuesday, February 4, 1986, and it will be held from 7:00 p.m. until 9:00 p.m.

By having this Drop-In, it is our hope that it will allow members of the House to become familiar with SCRPS and its members. It is our desire to have a better understanding of the Legislative process in the State of South Carolina. We hope that by having this Drop-In, it will solidify the relationship between the two parties.

I look forward to meeting you and your fellow members on Tuesday, February 4, 1986.

Yours truly,
Jack Disher
Chairman
Legislative Committee

September 5, 1985
The Honorable Robert R. Woods, Chair
SC House of Representatives Invitation Committee
P.O. Box 11867
Columbia, S.C. 29211

Dear Rep. Woods:

The members of the South Carolina Nurses' Association invite the House to join us for our annual reception and luncheon on Wednesday, February 5, 1986 at the Carolina Inn, from 1:00 - 2:30 p.m.

Registered nurses from every district are expected to attend and look forward to meeting with their Legislators.

I am sending this to you at this time in order for our invitation to be placed on the House Calendar by action of your committee. Each Representative will, of course, be invited individually.

We appreciate your action on this invitation and look forward to hearing from you.

Sincerely,
Judith Curfman Thompson
Executive Director

November 5, 1985
Representative Robert R. Woods
Chairman--House Invitations Committee
518 Blatt Building
Columbia, S.C. 29202

Dear Rep. Woods:

On behalf of the South Carolina Cable Television Association I would like to tell you how delighted we are to have the opportunity once again to host a Legislative Reception. The reception will be held Wednesday, February 19, 1986 at the Marriott in Columbia. It will be held from 7:00 - 8:30 PM.

I have spoken with Lois Shealy who confirmed the above information.

If you need additional information or have questions or comments, please feel free to contact the office at anytime.

Thank you,
Sincerely,
Sandra R. Babson
Administrative Assistant

November 26, 1985
House of Representatives
P. O. Box 11867
Columbia, S.C. 29211

Dear Sir:

On behalf of more than 100 churches associated with Christians Viewpoint and more than 40 Christians Schools, which are members of the South Carolina Association of Christian Schools, I want to invite the members of the House to a breakfast to be held at the Holiday Inn Center on Assembly Street, on Wednesday, February 5, 1986, at 8:30 a.m.

This invitation complies with requirements for breakfast invitations of the Rules of the General Assembly.
Sincerely,
Orin G. Briggs

November 27, 1985
The Honorable Robert R. Woods
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Woods:

The South Carolina Farm Bureau Federation cordially extends an invitation to the members of the House of Representatives, Research Directors, Administrative Assistants, Secretaries, their spouses and/or escorts, to attend our Annual Legislative Banquet on Tuesday, February 18, 1986 at 6:00 p.m. the Ellison Building, State Fairgrounds, Columbia, South Carolina.

Traditionally, we begin on time and present a very short program -- that is our plan this year. We will not hold you to a late hour.

Sincerely,
Harry S. Bell
President

December 11, 1985
Honorable Robert R. Woods
509 A Blatt Building
Columbia, S.C. 29211

Dear Rep. Woods:

The South Carolina State Firemen's Association cordially invites the members of the House and Clerks to our Fifth annual "Legislative Appreciation Bar-B-Que" to be held February 5, 1986, at the national Guard Armory on Bluff Road, Columbia, South Carolina.

The cocktail hour will begin at 7:00 p.m. with dinner being served at 8:00 p.m. Seating for dinner will be by Congressional Districts.

The South Carolina State Firemen's Association appreciates the hard work and dedication exhibited by the members of the House and are grateful for the opportunity to honor them.

Sincerely,
S.C. State Firemen's Association
Robert W. Colvin
Director

October 18, 1985
The Honorable Robert R. Woods
Chairman, House Invitations Committee
P.O. Box 11867
Columbia, S.C. 29211

Dear Rep. Woods:

The South Carolina Association of Probate Judges desires to hold a legislative reception at the Carolina Inn from 7:00 - 9:00 p.m. on the evening of February 11, 1986. We have tentatively confirmed that date with your secretary, Mrs. Jeter, and we would appreciate your confirming our reservation of this date.

The President of our association, The Honorable Bobby B. Rabon of Sumter County, may be contacted if further information is desired.

Thanking you for your courtesies and with kindest regards, I am,

Sincerely,
Raymond C. Eubanks, Jr,
Judge, Probate Court

January 9, 1986
The Honorable Robert R. Woods
Chairman, House Invitations Committee
328C Blatt Building
Columbia, S.C. 29211

Dear Rep. Woods:

I would like to take this opportunity to extend an invitation to the members of the House of Representatives to attend a luncheon honoring Senator John C. Lindsay. This will be the 2nd annual "Friend of the Little Man" award luncheon. The luncheon and award ceremony will be held at 1:30 p.m., Tuesday, February 18, 1986 at the Holiday Inn City Center on Assembly Street.

It would be greatly appreciated if you would bring this invitation before your committee for approval.

On behalf of the South Carolina Workers' Compensation Claimant Attorneys Association, I look forward to your response.
Sincerely,
Sherod H. Eadon, Jr.
Co-Chairman

January 16, 1986
Honorable Robert R. Woods
Chairman, House Invitations Committee
P.O. Box 11866
Columbia, S.C. 29211

Dear Chairman Woods:

The South Carolina Registered Cosmetologists Association wishes to invite the members of the South Carolina House of Representatives to a "Drop-In" to be held at The Townhouse, 1615 Gervais Street, on February 26, 1986 from 6:30 p.m. until 8:30 p.m.

Your members' presence would be both enjoyed and appreciated.

Very truly yours,
Swerling & Harpootlian
Joseph M. McCulloch, Jr.

January 27, 1986
The Honorable Ramon Schwartz, Jr., Speaker
S.C. House of Representatives
Blatt Building
Columbia, S.C. 29201

Dear Mr. Speaker:

Safety Belts for South Carolina would like to invite the members of the House to lunch, Wednesday, February 12, 1986, at 12:30 or adjournment at the Town House, Deauville Room, Gervais Street, Columbia, S.C.

We hope this meets with the approval of the members. Thank you very much.

Sincerely,
Sue Hendricks
Executive Director

CONCURRENT RESOLUTION

The following was introduced:

H. 3356 -- Reps. Kay, Carnell, Townsend, Chamblee, Tucker, P. Harris and McAbee: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE W. D. NIXON, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES FROM ABBEVILLE COUNTY, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3357 -- Reps. Alexander, Blackwell, P. Bradley, Brett, Fair, Marchant, Mattos, L. Phillips, Rice, Rigdon, Shelton, Wilkins, Schwartz, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blanding, Blatt, Boan, J. Bradley, 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, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, D. Martin, L. Martin, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, O. Phillips, Rawl, Rhoad, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. MARTHA DIXON RILEY OF GREENVILLE, WIFE OF EDWARD P. "TED" RILEY AND MOTHER OF EDWARD P. "PAT" RILEY, JR. OF SIMPSONVILLE AND GOVERNOR RICHARD W. "DICK" RILEY OF COLUMBIA, UPON HER DEATH.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 861 -- Senators Garrison, Doar, Land, E. Patterson, Peeler, Powell, Horace C. Smith, J. Verne Smith, Theodore, Williams and Pope: A CONCURRENT RESOLUTION TO REQUEST CLEMSON UNIVERSITY AND THE STATE DEPARTMENT OF AGRICULTURE TO MAKE A STUDY OF THE FEASIBILITY OF ESTABLISHING AN UPSTATE WHOLESALE FARMERS MARKET.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 887 -- Senators Ravenel, Applegate, Fielding, McConnell and McLeod: A CONCURRENT RESOLUTION TO HONOR AND COMMEND THE MEN WHO SERVED IN THE MERCHANT MARINE DURING WORLD WAR II, TO RECOGNIZE THE INTEGRAL AND FORMIDABLE PART THEY PLAYED IN HELPING THE ALLIES TO VICTORY, AND TO EXTEND THE APPRECIATION AND GRATITUDE OF THE CITIZENS OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 889 -- Senator McConnell: A CONCURRENT RESOLUTION TO COMMEND AND TO RECOGNIZE MR. WILLIAM JAMES HERRMANN OF NORTH CHARLESTON FOR HIS MANY PATRIOTIC ENDEAVORS ON BEHALF OF THE UNITED STATES MILITARY SERVICE PERSONNEL AND THEIR FAMILIES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3358 -- Rep. Felder: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. D. HOUSER BANKS, SR., OF ST. MATTHEWS UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3367 -- Reps. McLellan and Cleveland: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. DOROTHY CARTY OF WALHALLA ON BEING HONORED AS THE SENECA ROTARY CLUB'S OUTSTANDING CITIZEN OF OCONEE COUNTY FOR 1985.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 3368 -- Reps. R. Brown and McLeod: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME MANNING STREET IN THE CITY OF MARION, MARION COUNTY, THE T. CARROLL ATKINSON, JR., AVENUE.

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

That the Department of Highways and Public Transportation is requested to name Manning Street in the City of Marion, Marion County, beginning at Main Street and continuing in a westerly direction to Tom Gasque Avenue the T. Carroll Atkinson, Jr., Avenue.

Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.

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

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 3369 -- Reps. M.D. Burriss, McBride, Faber, Taylor and Hearn: A HOUSE RESOLUTION AUTHORIZING THE CLERK OF THE HOUSE TO PRINT AT LEAST ONE THOUSAND BOOKLETS CONTAINING THE COLLECTED OPENING PRAYERS OF THE HOUSE CHAPLAIN DURING THE 1985 SESSION OF THE GENERAL ASSEMBLY AND AN ADDITIONAL NUMBER SUFFICIENT TO ALLOW INDIVIDUAL MEMBERS TO RECEIVE AN EXTRA ALLOCATION OF BOOKLETS, NOT TO EXCEED TWENTY-FIVE.

Be it resolved by the House of Representatives that the Clerk of the House is authorized to print at least one thousand booklets containing the collected opening prayers of the House Chaplain during the 1985 session of the General Assembly and an additional number sufficient to allow individual members to receive an extra allocation of booklets, not to exceed twenty-five.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 3370 -- Reps. Schwartz, W. Arthur, Blanding, G. Brown and Griffin: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME WESMARK BOULEVARD AND CARTER ROAD IN SUMTER COUNTY THE ROBERT E. GRAHAM BOULEVARD.

Whereas, Robert E. Graham has been active in civic affairs in Sumter for many years; and

Whereas, he was mayor of the city of Sumter for eight years, served on the State Higher Education Commission for eight years, served on the Sumter Higher Education Commission for seven years; and

Whereas, Mr. Graham served as vice-chairman of the Hospital Board of Tuomey Hospital and as its treasurer for twenty-two years; and

Whereas, he is a former president of the Sumter Jaycees, Sumter Chamber of Commerce, and the American Legion Post 15; and

Whereas, Robert Graham has served as Worshipful Master of Claremont Masonic Lodge and has headed the Red Cross Drive and United Appeal Drive in Sumter; and

Whereas, it is believed that the outstanding accomplishments of this popular and highly respected citizen of Sumter County should be recognized. Now, therefore,

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

That the Department of Highways and Public Transportation is requested to name Wesmark Boulevard and Carter Road from U.S. Highway 76-378 Frontage Road in Sumter westerly across Wilson Hall Road to U.S. Highway 76 northwest of Sumter, the "Robert E. Graham Boulevard".

Be it further resolved that the Department of Highways and Public Transportation is requested to erect appropriate markers with the following inscribed on the marker "Robert E. Graham Boulevard".

Be it further resolved that a copy of this resolution be forwarded to the Commissioner of the Department of Highways and Public Transportation.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3371 -- Reps. M.D. Burriss and Hearn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REFRAIN FROM NAMING ANY ROAD, STREET, HIGHWAY, OR BRIDGE IN HONOR OF ANY PERSON WHO HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS OR ANY OTHER STATE OR OF THE FEDERAL GOVERNMENT.

Whereas, Section 7 of Article II of the South Carolina Constitution, 1895, authorizes the General Assembly to establish disqualifications for voting by reason of conviction of a serious crime; and

Whereas, Section 7-5-120, Code of Laws of South Carolina, 1976, provides that persons convicted of a felony are disqualified from being registered to vote or voting; and

Whereas, through the actions taken in the Constitution and by statute, the General Assembly has demonstrated its attitude toward persons convicted of felonies. Now, therefore,

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

That the Department of Highways and Public Transportation is requested to refrain from naming any road, street, highway, or bridge in honor of any person who has been convicted of a felony under the laws of this or any other state or of the federal government.

Be it further resolved that a copy of this resolution be forwarded to Walker P. Ragin, Chief Highway Commissioner, Department of Highways and Public Transportation.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3372 -- Reps. Schwartz, Griffin and Blanding: A CONCURRENT RESOLUTION TO COMMEND MRS. BARBARA BROWN, HARRY L. HARRIS, JR., THE HONORABLE PHIL LEVENTIS, ROBERT WILDER, AND "CHIC" MATHIS OF SUMTER FOR THEIR EFFORTS TOWARD PROMOTING THE RESPONSIBLE USE OF ALCOHOL BY THE PEOPLE OF SUMTER AND SURROUNDING AREAS.

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

STATEMENT BY REP. GORDON

Rep. GORDON, with unanimous consent, made a statement relative to Dr. Ron McNair, South Carolina astronaut aboard the space shuttle "Challenger".

MOTION ADOPTED

Rep. SHELTON moved that when the House adjourns, it adjourn out of memory, respect, and admiration for the astronauts aboard the "Challenger" space shuttle, which was adopted.

STATEMENT BY REP. PETTY

Rep. PETTY, with unanimous consent, made a statement relative to "National Truck and Bus Safety Week".

INTRODUCTION OF BILLS

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

H. 3359 -- Reps. McLellan, L. Martin, McAbee, Carnell, Cooper, P. Harris, Derrick, McKay, Foxworth, Winstead, Simpson, Hearn, Dangerfield, J.H. Burriss, Kohn, Brett, B. Hendricks, Harvin, S. Anderson, Altman, Snow, Cork, Thrailkill, Koon, Petty, Edwards, Waldrop, Helmly, T.M. Burriss and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 15-33-130 THROUGH 15-33-170, 15-51-15, 19-1-170, AND 15-1-330 SO AS TO DEFINE LICENSED HEALTH CARE PROVIDERS, PROVIDE A STATUTE OF LIMITATIONS IN MALPRACTICE ACTIONS, PROVIDE THAT THE GRANTING OF A NEW TRIAL AGAINST A HEALTH CARE PROVIDER MUST INCLUDE THE ISSUES OF LIABILITY AND DAMAGES, ALLOW EVIDENCE OF ANY COST OR EXPENSES A PLAINTIFF MAY HAVE RECEIVED FROM INSURANCE, EXCEPT LIFE INSURANCE, OR FROM SOURCES OTHER THAN THE DEFENDANT, LIMIT NONECONOMIC DAMAGES FOR INJURY TO OR DEATH OF A PERSON TO ONE HUNDRED THOUSAND DOLLARS AND TO DISALLOW PUNITIVE DAMAGES, TO PROVIDE THAT AN ADVANCE PAYMENT BY OR ON BEHALF OF A HEALTH CARE PROVIDER FOR ANY COST INCURRED BY THE PLAINTIFF IS NOT ADMISSIBLE UNTIL LIABILITY IS ESTABLISHED AND TO REDUCE A JUDGMENT IN FAVOR OF THE PLAINTIFF BY THE AMOUNT OF INSURANCE RECEIVED BY THE PLAINTIFF, AND TO LIMIT ATTORNEY FEES.

Referred to Committee on Judiciary.

H. 3360 -- Reps. Klapman, Cooper, Kirsh, Davenport, Ferguson, J.H. Burriss, Cleveland, Fair, Derrick and Koon: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 57, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION SO AS TO RECONSTITUTE THE MEMBERSHIP OF THE COMMISSION INCLUDING A PROVISION THAT ONE MEMBER THEREOF MUST BE ELECTED FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE AS WERE USED FOR THE GENERAL ELECTION OF 1982 BY THE LEGISLATIVE DELEGATIONS REPRESENTING THE COUNTIES OF THE CONGRESSIONAL DISTRICT.

Referred to Committee on Education and Public Works.

H. 3361 -- Rep. T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-5-250 SO AS TO PROVIDE THAT THE OFFICE OF THE STATE TREASURER IS A LIMITED TRUST COMPANY FOR PURPOSES OF THE FEDERAL RESERVE BOARD.

Referred to Committee on Labor, Commerce and Industry.

H. 3362 -- Reps. Hawkins, Davenport, Lake, Russell and Petty: A BILL TO AMEND SECTION 59-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF INSTRUCTIONAL DAY FOR SECONDARY AND ELEMENTARY STUDENTS AND VOLUNTEER BLOOD DRIVES SO AS TO PROVIDE THAT THE LAST THREE DAYS OF A SEMESTER THE INSTRUCTIONAL DAY MAY BE REDUCED FROM SIX HOURS TO THREE HOURS FOR GRADES NINE THROUGH TWELVE FOR EXAM PURPOSES.

Referred to Committee on Education and Public Works.

H. 3363 -- Reps. S. Anderson, Day, Davenport, Snow, McBride, Williams and Shelton: A BILL TO AMEND SECTION 59-69-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CERTAIN PUBLIC OFFICIALS CONTRACTING WITH SCHOOL DISTRICTS OR ACQUIRING A PECUNIARY INTEREST IN SCHOOL DISTRICT MATTERS, SO AS TO DELETE PROVISIONS PROHIBITING A SCHOOL TRUSTEE FROM CONTRACTING WITH OR BEING PECUNIARILY INTERESTED IN ANY CONTRACT WITH THE SCHOOL DISTRICT OF WHICH HE IS TRUSTEE AND TO AUTHORIZE A COUNTY BOARD OF EDUCATION MEMBER, A SCHOOL TRUSTEE, OR A BUSINESS WITH WHICH HE IS ASSOCIATED TO PROVIDE SERVICES OR SELL PRODUCTS TO THE DISTRICT OF WHICH HE IS A BOARD MEMBER OR TRUSTEE SO LONG AS THESE TRANSACTIONS ARE IN ACCORDANCE WITH STATE ETHICAL PROVISIONS OF LAW.

Referred to Committee on Education and Public Works.

H. 3364 -- Reps. Marchant, Alexander, Blackwell, P. Bradley, Brett, Fair, Mattos, L. Phillips, Rice, Rigdon, Shelton and Wilkins: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY SO AS TO REVISE THE POLLING PLACE OF GREENVILLE PRECINCT 14.

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

H. 3365 -- Reps. Keyserling, J.H. Burriss, J. Harris, T. Rogers and Shelton: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 16 SO AS TO PROVIDE FOR DISCLOSURE TO PURCHASERS OF INFORMATION CONCERNING FINE PRINTS SOLD IN LIMITED EDITIONS TO ENABLE PURCHASERS TO PROPERLY ASSESS THE VALUE OF THEM AND PROVIDE FOR CIVIL RELIEF AGAINST SELLERS WHO VIOLATE THE PROVISIONS OF THE CHAPTER.

Referred to Committee on Labor, Commerce and Industry.

H. 3366 -- Rep. Rawl: A BILL TO AMEND SECTION 50-1-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRESPASS ON LANDS FOR HUNTING, TRAPPING, OR FISHING PURPOSES, SO AS TO INCREASE THE PENALTY AND PROVIDE FOR CONFISCATION OF WEAPONS OR EQUIPMENT USED OR POSSSESSED WHILE TRESPASSING AND TO AMEND ACT 401 OF 1978, AS AMENDED, RELATING TO THE POINT SYSTEM FOR DETERMINING WHETHER OR NOT HUNTING OR FISHING LICENSES, OR BOTH, MUST BE SUSPENDED, SO AS TO INCREASE THE POINTS FOR TRESPASSING TO HUNT, FISH, OR TRAP FROM SIX TO EIGHTEEN.

Referred to Committee on Agriculture and Natural Resources.

S. 871 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY SO AS TO REVISE AND FURTHER PROVIDE FOR THESE PRECINCTS.

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

S. 210 -- Senators Bryan, Long, Mitchell and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-80, SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO FILES A WORKERS' COMPENSATION CLAIM OR EXERCISES ANY RIGHT, PRIVILEGE, OR DUTY UNDER THE WORKERS' COMPENSATION LAW AND TO LIMIT THE AMOUNT OF DAMAGES WHICH MAY BE IMPOSED ON THE EMPLOYER.

Referred to Committee on Judiciary.

S. 870 -- Senator Hayes: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY SO AS TO REVISE AND FURTHER PROVIDE FOR THESE PRECINCTS.

Referred to York Delegation.

S. 886 -- Senator Garrison: A BILL TO PHASE OUT OVER THREE YEARS THE COUNTYWIDE SCHOOL TAX LEVY IN ANDERSON COUNTY AND PROVIDE FOR INCREASES IN THE SCHOOL TAX LEVIES IN THE INDIVIDUAL SCHOOL DISTRICTS OF ANDERSON COUNTY EQUAL TO THE PHASED-OUT TAXES.

Referred to Anderson Delegation.

S. 693 -- Senators Hayes and Hinson: A BILL TO AMEND SECTION 53-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR AMUSEMENT PARKS AND RECOGNIZED STATE AND COUNTY FAIRS TO OPERATE ON SUNDAYS, SO AS TO PROHIBIT THE OPERATION OF RECOGNIZED STATE AND COUNTY FAIRS BETWEEN THE HOURS OF 10:00 A.M. AND 1:00 P.M. ON SUNDAY.

Referred to Committee on Judiciary.

S. 749 -- Senator Thomas E. Smith, Jr.: A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR THE EXEMPTION OF PROPERTY REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1985 TAX YEAR IS EXTENDED TO JULY 1, 1986.

Referred to Committee on Ways and Means.

S. 885 -- Finance 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.

Referred to Committee on Ways and Means.

H. 3364--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. MARCHANT, with unanimous consent, it was ordered that H. 3364 be read the second and third times the next two successive legislative days.

S. 871--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. J. W. JOHNSON, with unanimous consent, it was ordered that S. 871 be read the second and third times the next two successive legislative days.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on January 28, 1986.

Jean Harris                       Warren D. Arthur IV
Alex Harvin III                   M. Duke Cleveland
Lewis Phillips                    Dick Elliott
Robert O. Kay                     Eugene C. Stoddard
Total Present--115

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on January 28, 1986.

Sam Foster

LEAVES OF ABSENCE

The SPEAKER granted Reps. KAY and L. HENDRICKS a temporary leave of absence.

The SPEAKER granted Rep. DAY a leave of absence for the day due to illness.

DOCTOR OF THE DAY

Announcement was made that Jack F. Scheuer of Camden, S.C. is the Doctor of the Day for the General Assembly.

S. 826--AMENDED AND RETURNED TO THE SENATE
WITH AMENDMENT

The following Bill was taken up.

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.

On motion of Rep. BLANDING, with unanimous consent, Rep. SCHWARTZ proposes the following Amendment No. 1 (Doc. No. 1404R), which was adopted.

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

/Section ____. Section 7-7-501 of the 1976 Code, as amended, is further amended by adding the following new paragraph at the end thereof to read:

"The property on which the Sumter Elk's Club is situated is hereby transferred to the Second Mill Precinct."/
Amend title to conform.

The Bill, as amended, was read the third time and ordered returned to the Senate.

H. 3310--OBJECTION

The following Bill was taken up.

H. 3310 -- Reps. Keyserling and White: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EDUCATION OF BEAUFORT COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, AND TO PROVIDE FOR THE MEMBERS' TERMS, VACANCIES, NOTICE OF ELECTION, PETITION, AND PLACEMENT OF NAMES ON THE BALLOT.

Rep. FOXWORTH objected to the Bill.

SENT TO THE SENATE

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

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. 3279--DEBATE ADJOURNED

Rep. McABEE moved to adjourn debate upon the following Bill until Tuesday, February 4, 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 until Tuesday, February 4, 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. 2582--DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, February 4, which was adopted.

H. 2582 -- Rep. Davenport: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO SELL ANY SUBSTANCE OR MATERIAL FOR USE UPON THE WINDSHIELD OR WINDOW GLASS OF A MOTOR VEHICLE THAT WOULD RENDER THE WINDSHIELD OR WINDOW GLASS TO BE IN NONCOMPLIANCE WITH FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 205, TO MAKE IT UNLAWFUL FOR ANY PERSON TO INSTALL A WINDSHIELD OR WINDOW GLASS IN A MOTOR VEHICLE OR PLACE ANY SUBSTANCE OR MATERIAL UPON ANY WINDSHIELD OR WINDOW GLASS THAT WOULD REDUCE LIGHT TRANSMITTANCE MORE THAN THIRTY PERCENT OR THAT PRODUCES A MIRROR OR METALLIC APPEARANCE WHEN VIEWED BY A PERSON OUTSIDE THE VEHICLE, TO MAKE IT UNLAWFUL FOR A VEHICLE SO EQUIPPED TO BE OPERATED, AND TO PROVIDE PENALTIES.

H. 2165--OBJECTION

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. RAWL and GREGORY objected to the Bill.

POINT OF ORDER

Rep. WINSTEAD raised the Point of Order that it was now 12:30 P.M., and in accordance with Rule 6.1, the House was now in recess.

The SPEAKER sustained the Point of Order, and stated the House was in recess until 2:00 P.M., whereupon it would stand adjourned.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3356 -- Reps. Kay, Carnell, Townsend, Chamblee, Tucker, P. Harris and McAbee: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE W. D. NIXON, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES FROM ABBEVILLE COUNTY, UPON HIS DEATH.

H. 3357 -- Reps. Alexander, Blackwell, P. Bradley, Brett, Fair, Marchant, Mattos, L. Phillips, Rice, Rigdon, Shelton, Wilkins, Schwartz, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blanding, Blatt, Boan, J. Bradley, 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, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, D. Martin, L. Martin, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, O. Phillips, Rawl, Rhoad, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. MARTHA DIXON RILEY OF GREENVILLE, WIFE OF EDWARD P. "TED" RILEY AND MOTHER OF EDWARD P. "PAT" RILEY, JR. OF SIMPSONVILLE AND GOVERNOR RICHARD W. "DICK" RILEY OF COLUMBIA, UPON HER DEATH.

H. 3358 -- Rep. Felder: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. D. HOUSER BANKS, SR., OF ST. MATTHEWS UPON HIS DEATH.

H. 3367 -- Reps. McLellan and Cleveland: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. DOROTHY CARTY OF WALHALLA ON BEING HONORED AS THE SENECA ROTARY CLUB'S OUTSTANDING CITIZEN OF OCONEE COUNTY FOR 1985.

H. 3372 -- Reps. Schwartz, Griffin and Blanding: A CONCURRENT RESOLUTION TO COMMEND MRS. BARBARA BROWN, HARRY L. HARRIS, JR., THE HONORABLE PHIL LEVENTIS, ROBERT WILDER, AND "CHIC" MATHIS OF SUMTER FOR THEIR EFFORTS TOWARD PROMOTING THE RESPONSIBLE USE OF ALCOHOL BY THE PEOPLE OF SUMTER AND SURROUNDING AREAS.

ADJOURNMENT

At 12:31 P.M. the House in accordance with the motion of Rep. SHELTON adjourned out of memory, respect, and admiration for the astronauts who served their country on the space shuttle "Challenger", to meet at 2:00 P.M. tomorrow.

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