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

WEDNESDAY, APRIL 2, 1986

Wednesday, April 2, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

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

O God of grace and glory, we are grateful for April's beauty, for the loveliness of Springtime, and for Your Word which make bright the paths we should go. With clear vision and grateful hearts may we behold Your presence in every flower that blooms, in each blade of grass that carpets the earth, and in the budding branch that reaches toward the arching sky. And as You hear the songs of the birds, hear also the songs of praise that we offer in gratitude for the constancy of Your care and for Your blessings that know no limit.

Thank You, Lord, for this privilege of prayer. Amen.

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

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

COMMITTEE APPOINTMENT

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 1, 1986
The Honorable Henry E. Brown
Member S.C. House of Representatives
1035 Dominion Drive
Hanahan, S.C. 29406

Dear Henry:

It is with pleasure that I am appointing you to serve on the Education and Public Works Committee, effective today. You will be replacing Representative Dewitt Williams.

I am confident that you will prove to be a valuable member of this committee and will enjoy serving in this capacity.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

COMMITTEE ELECTION

The following was received.

INVITATIONS AND MEMORIAL
RESOLUTIONS COMMITTEE

April 2, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives

Dear Mrs. Shealy:

The House Invitations and Memorial Resolutions Committee met on Tuesday, April 1, 1986 and elected the following officers for the remainder of the 1986 session.

The Honorable Liston D. Barfield, Chairman

The Honorable C.D. Chamblee, Vice Chairman

The Honorable Samuel R. Foster, Secretary

Sincerely,
Catherine G. Jeter
Executive Secretary

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3301 -- Rep. R. Brown: A BILL TO AMEND SECTION 23-35-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE OR PERMIT REQUIRED OF WHOLESALE DISTRIBUTORS, JOBBERS, AND RETAILERS SELLING FIREWORKS, SO AS TO PROVIDE THAT THE STATE BOARD OF PYROTECHNIC SAFETY INSTEAD OF THE STATE FIRE MARSHAL SHALL REGULATE THESE LICENSES, TO INCREASE THE RETAILERS ANNUAL LICENSE FEE FROM FIFTY TO ONE HUNDRED TWENTY-FIVE DOLLARS, TO DELETE THE REQUIREMENT THAT A RETAILER'S LICENSE OR PERMIT MUST BE OBTAINED FROM THE MUNICIPAL CLERK OR FROM THE COUNTY CLERK OF COURT, DEPENDING ON THE LOCATION OF THE SALE, AND REQUIRE THE STATE BOARD OF PYROTECHNIC SAFETY TO APPROVE ALL RETAIL LICENSES, AND TO DELETE THE PROVISIONS AUTHORIZING A COUNTY OR MUNICIPALITY TO RETAIN FUNDS DERIVED FROM THE SALE OF PERMITS.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3320 -- Rep. T.M. Burriss: A BILL TO AMEND ACT 188 OF 1985, RELATING TO THE REGULATION OF FIRE PROTECTION SPRINKLER SYSTEMS, SO AS TO PROVIDE THAT THE REQUIREMENT THAT AN APPLICANT HAVE A NICET LEVEL III CERTIFICATE HOLDER WHO IS AT PRESENT IN A FULL-TIME POSITION OR IN A MANAGEMENT POSITION IS WAIVED UNTIL JANUARY 31, 1987, IF THE APPLICANT IN A SWORN AFFIDAVIT DECLARES THAT AT LEAST ONE PERSON WHO IS NOW IN A FULL-TIME POSITION OR IN A MANAGEMENT POSITION IS CURRENTLY IN THE PROCESS OF TAKING THE TEST REQUIRED TO OBTAIN NICET LEVEL III CERTIFICATION AND TO PROVIDE THAT A VIOLATION OF THIS ACT OR FAILURE TO COMPLY WITH A CEASE AND DESIST ORDER IS CAUSE FOR REVOCATION OF A LICENSE INSTEAD OF THE STATE FIRE MARSHAL'S CERTIFICATE.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3427 -- Reps. Sheheen, Mangum, Gordon, Kirsh, Wilkins, White and Gregory: A BILL TO AMEND SECTIONS 40-1-190, 40-1-200, 40-1-240, AND 40-1-560, ALL AS AMENDED, AND 40-1-50, 40-1-150, 40-1-180, 40-1-250, 40-1-360, 40-1-510, 40-1-520, 40-1-530, AND 40-1-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS, PUBLIC ACCOUNTANTS, AND ACCOUNTING PRACTITIONERS, SO AS TO CHANGE REFERENCES FROM CORPORATION TO PROFESSIONAL ASSOCIATION; PROVIDE THAT THE BOARD OF ACCOUNTANCY COLLECT FEES AND DEPOSIT THE FEES IN THE GENERAL FUND OF THE STATE; PROVIDE THAT AN APPLICANT FOR EXAMINATION MUST DEMONSTRATE THAT HE DOES NOT HAVE A HISTORY OF DISHONEST OR FELONIOUS ACTS AND THAT HE HAS A BACCALAUREATE DEGREE AND A MINIMUM OF TWENTY-FOUR HOURS OR THE EQUIVALENT IN ACCOUNTING AND PROVIDE FOR A WAIVER OF EDUCATIONAL REQUIREMENTS FOR A PUBLIC ACCOUNTANT WHO IS PRACTICING ON JULY 1, 1965; PROVIDE THAT THE DATES SET IN A NEWSPAPER FOR THE EXAMINATION TO PRACTICE AS A CERTIFIED PUBLIC ACCOUNTANT MUST APPEAR IN THE NEWSPAPER BY SEPTEMBER FIRST FOR THE NOVEMBER EXAMINATION AND BY MARCH FIRST FOR THE MAY EXAMINATION AND THE APPLICATION MUST BE SUBMITTED ON THESE DATES AND TO INCREASE THE INITIAL EXAMINATION FEE FOR A CERTIFIED PUBLIC ACCOUNTANT FROM ONE HUNDRED DOLLARS TO TWO HUNDRED DOLLARS AND THE FEE FOR REEXAMINATION FROM FORTY DOLLARS TO EIGHTY DOLLARS; PROVIDE THAT THE FEE FOR A CERTIFICATE OF REGISTRATION AS A CERTIFIED PUBLIC ACCOUNTANT IS FIXED BY THE BOARD INSTEAD OF TWENTY-FIVE DOLLARS; PROVIDE THAT THE WAIVER OF EXAMINATION FOR A CERTIFIED PUBLIC ACCOUNTANT DOES NOT APPLY TO A PERSON WHO HOLDS A CERTIFICATE OR DEGREE OF A FOREIGN COUNTRY; PROVIDE THAT THE FEE FOR NONRESIDENT CERTIFIED PUBLIC ACCOUNTANT IS FIXED BY THE BOARD INSTEAD OF THIRTY-EIGHT DOLLARS; TO MAKE A TECHNICAL CORRECTION BY STRIKING COURT AND INSERTING COURSE; REMOVE THE GRANDFATHER PROVISIONS FOR ACCOUNTING PRACTITIONERS WHO ARE LICENSED TO PRACTICE AS OF JUNE 11, 1969, OR JULY 1, 1970, RESPECTIVELY, AND TO STRIKE A SIMILAR PROVISION FOR MEMBERS OF THE ARMED FORCES; PROVIDE THAT DEFAULT IN PAYMENT OF THE LICENSE FEE BY AN ACCOUNTING PRACTITIONER SHALL RESULT IN REVOCATION OF THE CERTIFICATE OF REGISTRATION OR LICENSE; REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY; AND TO REPEAL SECTION 40-1-260 RELATING TO PERSONS ENTITLED TO REGISTRATION AS A PUBLIC ACCOUNTANT UNTIL JANUARY 1, 1972.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

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

H. 3631 -- Rep. G. Bailey: A CONCURRENT RESOLUTION MEMORIALIZING THE MAYOR AND CITY OFFICIALS OF PHILADELPHIA TO EXERCISE THEIR AUTHORITY, PUBLIC DUTY, AND RESPONSIBILITY BY DISCOURAGING AND ENJOINING THE TRANSPORTATION AND DISPOSAL OF PHILADELPHIA GARBAGE AND WASTE IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

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

H. 3712 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Evatt, Faber, Hearn, Lloyd I. Hendricks, T. Rogers, Taylor and Toal: A CONCURRENT RESOLUTION TO FIX 12:00 O'CLOCK NOON ON WEDNESDAY, APRIL 23, 1986, FOR THE SENATE AND HOUSE OF REPRESENTATIVES TO MEET IN JOINT ASSEMBLY TO HEAR AN ADDRESS BY ASTRONAUT CHARLES F. BOLDEN, JR., A NATIVE COLUMBIAN.

H. 3712--AMENDED AND SENT TO THE SENATE

On motion of Rep. BARFIELD, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 3712 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Evatt, Faber, Hearn, Lloyd I. Hendricks, T. Rogers, Taylor and Toal: A CONCURRENT RESOLUTION TO FIX 12:00 O'CLOCK NOON ON WEDNESDAY, APRIL 23, 1986, FOR THE SENATE AND HOUSE OF REPRESENTATIVES TO MEET IN JOINT ASSEMBLY TO HEAR AN ADDRESS BY ASTRONAUT CHARLES F. BOLDEN, JR., A NATIVE COLUMBIAN.

Whereas, Charles F. Bolden, Jr., one of South Carolina's most distinguished sons, has served his country with great distinction as a space shuttle astronaut; and

Whereas, in so doing he has reflected great credit not only on himself and his family but his native community and state; and

Whereas, it is appropriate that members of the General Assembly take time in their schedule to benefit from the thoughts of this outstanding native South Carolinian. Now, therefore,

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

That the Senate and House of Representatives meet in joint assembly in the hall of the House of Representatives at 12:00 noon on Wednesday, April 23, 1986, to hear an address by Astronaut Charles F. Bolden, Jr.

Be it further resolved that a copy of this resolution be forwarded to Mr. Bolden.

Invitations and Memorial Resolutions Committee proposed the following Amendment No. 1, which was adopted.

Amend as and if amended. By striking /12:00 Noon/ in the 5th Paragraph, 3rd Line after the resolving clause and inserting /immediately following Human Services Commission Elections/.

Amend title to conform.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 3734 -- Rep. Marchant: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 20 THROUGH 26, 1986, PROFESSIONAL SECRETARIES' WEEK AND APRIL 23, 1986, SECRETARIES' DAY THROUGHOUT THE STATE OF SOUTH CAROLINA, AND TO INVITE THE CITIZENS OF THIS STATE TO JOIN PROFESSIONAL SECRETARIES INTERNATIONAL, ORIGINATOR AND SPONSOR OF THE WEEK AND DAY, AS THEY ACKNOWLEDGE THE VITAL CONTRIBUTIONS OF SECRETARIES TO OFFICES EVERYWHERE.

Whereas, the secretary is resolved to maintain the highest professional and personal ethics in this increasingly vital role in the modern complexities of business, industry, government, and education; and

Whereas, a secretarial career has attained the status of an exacting, highly qualified profession; and

Whereas, the secretary believes that diligence should be directed to increased learning, efficiency, and loyalty in making an evermore valuable contribution to the office; and

Whereas, the last full week in April is set aside each year to recognize all secretaries. Now, therefore,

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

That the General Assembly proclaims the week of April 20 through April 26, 1986, Professional Secretaries' Week and April 23, 1986, Secretaries' Day throughout the State of South Carolina and invites the citizens of this State to join Professional Secretaries International, originator and sponsor of the week and day, as they acknowledge the vital contributions of secretaries to offices everywhere.

Be it further resolved that a copy of this resolution be forwarded to the President of the South Carolina Division, Professional Secretaries International, and to Mrs. Pat Newton of the Greenville Chapter, with the best wishes of the members of the General Assembly.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3735 -- Reps. Ogburn, Huff, Gentry, McLeod, Hawkins, J. Rogers, McKay, Boan and Sheheen: A CONCURRENT RESOLUTION CONGRATULATING COCKY, THE MASCOT OF THE UNIVERSITY OF SOUTH CAROLINA'S FIGHTING GAMECOCKS, UPON WINNING THE TOP AWARD IN THE FIRST "MASCOT NATIONALS" CONTEST, HELD BY THE UNIVERSITY CHEERLEADING ASSOCIATION AND SPONSORED BY FORD MOTOR COMPANY.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 3736 -- Labor, Commerce and Industry Committee: A CONCURRENT RESOLUTION TO DESIGNATE JULY, 1986, AS "BUY AMERICAN MONTH".

Whereas, the United States of America emerged from the aftermath of World War II as the dominant world power with the most powerful industrial base on the face of the earth; and

Whereas, that productive capacity in the manufacturing sector of our economy has declined and even the percentage of the available capacity being utilized is presently declining; and

Whereas, the textile and apparel industry is the largest employer in South Carolina and the most significant contributor to the economic well-being of South Carolina; and

Whereas, our once dominant agriculture, automobile, steel, rubber, textile, and leather industries which became successful with a combination of rich resources, skillful management, and high productivity are no longer the leading forces in our economy; and

Whereas, the world economy involved more than two trillion dollars in global trade in 1985; and

Whereas, the present trade deficit is a product of many factors, the net effect of which has been to make our nation a net importer of goods; and

Whereas, many entities including organized labor, manufacturing associations, chambers of commerce, civic clubs, state departments of economic and community development, and cities and counties can influence their colleagues, members, and employees of the importance of purchasing American-made goods; and

Whereas, an appreciation of the purchase of American-made goods may be engendered with a specially designated time period. Now, therefore,

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

That the members of the General Assembly, by this resolution, designate July, 1986, as "Buy American Month".

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1198 -- Senators Theodore, Moore, Lindsay, Giese and Long: A CONCURRENT RESOLUTION CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA LADY GAMECOCKS' BASKETBALL TEAM AND COACH NANCY WILSON FOR A SUPERB AND EXCITING SEASON WHICH INCLUDED THE METRO CONFERENCE TITLE.

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. 1199 -- Senator Long: A CONCURRENT RESOLUTION TO CONGRATULATE MR. JONATHAN BOGGS OF MYRTLE BEACH, HORRY COUNTY, ON BEING SELECTED AS A RECIPIENT OF ONE OF THE TOP AWARDS IN THE UNITED STATES IN THE YES I CAN! PROGRAM SPONSORED BY THE FOUNDATION FOR EXCEPTIONAL CHILDREN.

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. 1200 -- Senators Moore, Shealy and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE THE COMMUNITY OF BEECH ISLAND, IN AIKEN COUNTY, UPON THE CELEBRATION OF ITS TRICENTENNIAL.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3745 -- Reps. Dangerfield, J. Bradley, Holt, Washington, Helmly, G. Bailey, Day, H. Brown, Williams, Aydlette, Foxworth, Kohn, D. Martin, Rawl and Limehouse: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE ROBERT B. SCARBOROUGH OF CHARLESTON COUNTY, A MEMBER OF THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION, FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE AND FOR HIS UNSELFISH AND CONTINUOUS EFFORTS IN BEHALF OF THE CITIZENS OF CHARLESTON COUNTY AND THE STATE.

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

SPECIAL INTRODUCTION

Rep. LOCKEMY, with unanimous consent, introduced Miss Jennie Hamilton, "South Carolina Miss Junior Miss", of Dillon County.

INTRODUCTION OF BILLS

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

H. 3737 -- Reps. Ogburn, R. Brown, Beasley, Blackwell, McLeod, G. Bailey, Boan, Bennett, Barfield, Hawkins, Waldrop, Petty, Kirsh, Lockemy, McTeer, J. Harris, Cleveland, Snow, Felder, Mattos and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-270 SO AS TO REQUIRE ANY LAW ENFORCEMENT OFFICER EMPLOYED BY THE STATE, COUNTY, OR MUNICIPALITY, WHO VOLUNTARILY RESIGNS WITHIN TWENTY-FOUR MONTHS AFTER BEING SENT TO THE CRIMINAL JUSTICE ACADEMY FOR TRAINING, TO REIMBURSE THE ENTITY ON A PRO RATA BASIS THAT PAID FOR ALL COSTS INCURRED AS A RESULT OF THE TRAINING AND TO PROVIDE AN EXCEPTION.

Referred to Committee on Ways and Means.

H. 3738 -- Rep. J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-35 SO AS TO AUTHORIZE ANY PERMANENT FULL-TIME STATE EMPLOYEE WHO ADOPTS ANY CHILD OF PRESCHOOL AGE TO RECEIVE THE SAME LEAVE AS IS ALLOWED AN EMPLOYEE WHO GIVES BIRTH TO A CHILD.

Referred to Committee on Judiciary.

H. 3739 -- Rep. J. Bradley: A JOINT RESOLUTION TO AUTHORIZE THE CITADEL BOARD OF VISITORS ON BEHALF OF THE CITADEL TO PURCHASE CERTAIN PROPERTY IN CHARLESTON AT A COST OF TWO MILLION DOLLARS AND TO PROVIDE FOR THE MANNER IN WHICH FUNDS WILL BE OBTAINED AND REPAID CONCERNING THIS PURCHASE.

Referred to Committee on Ways and Means.

H. 3740 -- Reps. Harvin, Faber, Hearn, J. Brown, Blanding, L. Phillips, White, Beasley, Neilson, Woodruff, Day, Alexander, O. Phillips, J. Arthur, G. Brown, Rhoad, Petty, Rigdon, Mattos and Rice: A BILL TO AMEND ARTICLE 5 OF CHAPTER 7 OF TITLE 12, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS AND NET INCOME AND DEDUCTIONS AND CREDITS, BY ADDING SECTION 12-7-614 SO AS TO PROVIDE FOR A CREDIT FOR THE PURCHASE AND INSTALLATION OF HOME PROTECTION DEVICES, TO AUTHORIZE THE TAX COMMISSION TO PROMULGATE REGULATIONS RELATING TO THE CREDIT, AND TO REQUIRE THE COMMISSION TO ANNUALLY REPORT ON THE CREDITS.

Referred to Committee on Ways and Means.

H. 3741 -- Reps. Harvin, Hearn, Lockemy, Woodruff, Altman, Rigdon, O. Phillips, J. Arthur, Rice, G. Brown, Mattos and Day: A BILL TO AMEND CHAPTER 23 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO CREATE THE CRIMES OF CRIMINAL TRANSFER OF A FIREARM, THEFT OF A FIREARM, AND RECEIVING A STOLEN FIREARM AND TO PROVIDE PENALTIES; TO AMEND SECTION 16-1-10, RELATING TO FELONIES, SO AS TO ADD THE CRIMES CREATED TO THE LIST OF CRIMES CLASSIFIED AS FELONIES.

Referred to Committee on Judiciary.

H. 3742 -- Reps. Harvin, Hearn, Aydlette, J. Arthur, Blackwell, J.H. Burriss, L. Phillips, Woodruff, Day, O. Phillips, Petty, Rigdon, Rice and Alexander: A BILL TO AMEND ARTICLE 11, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS CRIMINAL OFFENSES AGAINST PERSONS BY ADDING SECTION 16-3-1070 SO AS TO PERMIT THE USE OF DEADLY FORCE IN DEFENSE OF HABITATION UNDER CERTAIN CONDITIONS.

Referred to Committee on Judiciary.

H. 3743 -- Reps. Holt, Foxworth, J. Bradley, Washington and D. Martin: A BILL TO AMEND SECTION 50-17-1066, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF GILL NETS IN A PORTION OF GAME ZONE NO. 6, SO AS TO INCREASE THE SIZE OF THE AREA.

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

H. 3744 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 38-59-140 THROUGH 38-59-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PATIENTS' COMPENSATION FUND FOR THE BENEFIT OF LICENSED HEALTH CARE PROVIDERS, SO AS TO CHANGE THE METHOD BY WHICH PROVIDERS MAY PARTICIPATE IN THE FUND; REQUIRE THAT IN ADDITION TO ANNUAL MEMBERSHIP FEES, THE BOARD MAY MAKE DEFICIT ASSESSMENTS WHEN INSUFFICIENT FUNDS ARE AVAILABLE TO MEET THE FUND'S LIABILITY, TO PROVIDE THAT MEMBERSHIP IN THE FUND IS CONTINGENT UPON THE FUND MEMBER MAKING TIMELY PAYMENTS OF ALL MEMBER FEES AND DEFICIT ASSESSMENTS; DELETE THE REQUIREMENT THAT THE STATE TREASURER MUST INVEST AND REINVEST THE FUND IN SHORT-TERM INTEREST BEARING INVESTMENTS; DELETE THE REQUIREMENT THAT REPORTS OF AUDITS OF THE FUND BE PREPARED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, TO PROVIDE A PROCEDURE BY WHICH HEALTH CARE PROVIDERS MAY WITHDRAW FROM PARTICIPATION IN THE FUND; DELETE THE PROVISION THAT A PROVIDER PARTICIPATING IN THE FUND IS LIABLE FOR LOSSES UP TO THE AMOUNT OF ITS COVERAGE AND TO AUTHORIZE THE PROVIDER TO RECEIVE AN APPROPRIATE REDUCTION OF ITS ASSESSMENT OF THE FUND; AND DELETE THE REQUIREMENT THAT ANY PERSON AFFECTED BY ANY RULING, ACTION, OR DECISION BY OR ON BEHALF OF THE FUND MAY APPEAL TO THE COMMISSION WITHIN THIRTY DAYS AND TO ADD THE PROVISION THAT ANY RULING, ACTION, OR DECISION BY OR ON BEHALF OF THE FUND IS SUBJECT TO REVIEW AS PROVIDED IN SECTION 1-23-380.

Without reference.

S. 765 -- Senators McConnell, Setzler and Matthews: A BILL TO AMEND SECTION 11-35-1560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOLE SOURCE PROCUREMENT UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO REVISE THE CONDITIONS UNDER WHICH SOLE SOURCE PROCUREMENT IS PERMITTED AND TO PROVIDE CERTAIN PENALTIES FOR VIOLATIONS OF THE SOLE SOURCE PROCUREMENT REQUIREMENTS.

Referred to Committee on Judiciary.

S. 970 -- Senator Martin: A BILL TO AMEND SECTION 39-57-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "BUSINESS OPPORTUNITY", SO AS TO PROVIDE THAT IT DOES NOT INCLUDE SALES OR LEASES WHERE THE SELLER HAS A NET WORTH ON A CONSOLIDATED BASIS OF NOT LESS THAN TWENTY MILLION DOLLARS.

Referred to Committee on Labor, Commerce and Industry.

S. 986 -- Senator McConnell: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF COSMETOLOGY.

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

H. 3743--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. HOLT, with unanimous consent, it was ordered that H. 3743 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
Arthur, J.             Aydlette               Bailey, G.
Bailey, K.             Barfield               Beasley
Blackwell              Blanding               Boan
Bradley, J.            Brett                  Brown, G.
Brown, H.              Brown, J.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cleveland
Cooper                 Cork                   Dangerfield
Davenport              Day                    Derrick
Evatt                  Faber                  Fair
Felder                 Ferguson               Foster
Foxworth               Freeman                Gilbert
Gordon                 Gregory                Harris, J.
Harris, P.             Harvin                 Hawkins
Hayes                  Hearn                  Hendricks, B.
Hendricks, L.          Holt                   Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Kohn                   Koon
Lake                   Lewis                  Limehouse
Lockemy                Mangum                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McKay
McLellan               McLeod                 McTeer
Mitchell               Moss                   Neilson
Nettles                Ogburn                 Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Russell                Sharpe
Sheheen                Shelton                Short
Simpson                Stoddard               Sturkie
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Washington
Wilkins                Williams               Winstead
Woodruff

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on April 2, 1986.

Dave Waldrop                      Tom Marchant
Juanita M. White                  Thomas E. Huff
L. Edward Bennett                 Larry Gentry
Charles Griffin III               James C. Johnson
John Snow                         T.W. Edwards
Rick Rigdon                       Warren Arthur
Philip T. Bradley                 Sterling Anderson
Joe Anderson, Jr.                 Dick Elliott
Total Present--119

STATEMENTS OF ATTENDANCE

Reps. J.C. JOHNSON, KOON and WALDROP signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, March 27, 1986.

Reps. W.D. ARTHUR, HARVIN, KOON and WOODRUFF signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 1, 1986.

ORDERED TO THIRD READING

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

S. 1083 -- Senator Hayes: A BILL TO AMEND ACT 271 OF 1981 RELATING TO THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3 OF YORK COUNTY SO AS TO REVISE THE PERIOD WITHIN WHICH CANDIDATES MUST FILE FOR ELECTION TO THESE OFFICES.

S. 1194 -- Senators Horace Smith, E. Patterson and Lee: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAMES OF BOILING SPRINGS STATION C PRECINCT TO BOWEN PRECINCT, WHITESTONE CROFT STATION A PRECINCT TO CROFT PRECINCT, AND WHITESTONE CROFT STATION B PRECINCT TO WHITE STONE PRECINCT; TO CORRECT THE DESCRIPTION OF CANNON'S CAMPGROUND AND DRAYTON PRECINCTS; AND TO CHANGE THE VOTING PLACE FOR CLIFTON PRECINCT FROM ST. ANDREWS METHODIST CHURCH TO CLIFTON SECOND BAPTIST CHURCH.

S. 1083--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. HAYES, with unanimous consent, it was ordered that S. 1083 be read the third time tomorrow.

S. 1194--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. LAKE, with unanimous consent, it was ordered that S. 1194 be read the third time tomorrow.

H. 3714--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3714 -- Rep. Ferguson: A BILL TO AMEND ARTICLE 1, CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT ALL CHILDREN ENTERING THE PUBLIC SCHOOL SYSTEM OF THIS STATE MUST BE TESTED DURING THEIR FIRST SCHOOL YEAR BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR THE PRESENCE OF THE SICKLE CELL ANEMIA DISEASE AND THE SICKLE CELL GENE, AND TO PROVIDE THAT THE PARENTS OR LEGAL GUARDIAN OF ANY CHILD FOUND TO HAVE SICKLE CELL ANEMIA OR THE SICKLE CELL GENE MUST BE NOTIFIED BY THE CHILD'S SCHOOL OF THIS FACT.

Rep. FERGUSON proposed the following Amendment No. 1 (Doc. No. 3447R), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-63-410 of the 1976 Code is amended to read:

"Section 59-63-410. The first two weeks of the opening of any public school in this State shall is, for the purposes of this section, be known and designated as enrollment weeks. During these two weeks, all teachers in the free public schools of this State shall receive and enroll such pupils as they present themselves, if otherwise admissible under existing law.

All children enrolling in the public school system of this State during the enrollment weeks must present evidence that they have been tested by the Department of Health and Environmental Control or by a private physician for the presence of the sickle cell anemia disease and the sickle cell gene. The Department shall perform this testing upon request without charge. The parents or legal guardian of any child found by the Department to have sickle cell anemia or the sickle cell gene must be notified by the Department of this fact so that they may obtain proper medical care and treatment. All information relating to the test results must otherwise be kept confidential."

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

Amend title to conform.

Rep. FERGUSON explained the amendment.

The amendment was then adopted.

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

H. 3714--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. FERGUSON, with unanimous consent, it was ordered that H. 3714 be read the third time tomorrow.

S. 1192--POINT OF ORDER

The following Bill was taken up.

S. 1192 -- Senators Nell W. Smith and J. Verne Smith: A BILL TO AMEND SECTION 61-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF AND REQUIREMENTS FOR THE ISSUANCE OF A BEER OR WINE PERMIT, SO AS TO PROVIDE THAT THE ALCOHOLIC BEVERAGE CONTROL COMMISSION MAY CONSIDER GEOGRAPHIC DISTANCE TO RESIDENCES, SCHOOLS, CHURCHES, BUSINESSES, OR OTHER PLACES OR LOCATIONS, AND MAY DENY A PERMIT BASED ON DISTANCE ONLY.

Rep. B.L. HENDRICKS proposed the following Amendment No. 1 (Doc. No. 3496R).

Amend the bill, as and if amended, by striking item (6) of Section 61-9-320 of the 1976 Code, as contained on page 2 and inserting:

/(6)     The location of the proposed place of business of applicant is in the opinion of the Alcoholic Beverage Control Commission a proper one; provided, that the Commission may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches, but this proviso shall not apply to locations licensed prior to the effective date of this proviso;/.

Amend title to conform.

Rep. B.L. HENDRICKS explained the amendment.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

S. 344--INTERRUPTED DEBATE

The following Bill was taken up.

S. 344 -- Senators Lee, Land and Courson: A BILL TO AMEND SECTIONS 56-5-4030, 56-5-4070, AND 56-5-4140, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTHS AND WIDTHS OF VEHICLES AND COMBINATIONS OF VEHICLES, SO AS TO ALLOW VEHICLE WIDTHS OF 102 INCHES ON INTERSTATE HIGHWAYS AND OTHER ROADS TO BE DESIGNATED, TO PERMIT AND REGULATE THE USE OF TWO AND THREE UNIT COMBINATIONS OF VEHICLES ON THE INTERSTATE HIGHWAY SYSTEM AND OTHER ROADS TO BE DESIGNATED, AND TO INCLUDE THE FEDERAL BRIDGE FORMULA FOR ALLOWABLE VEHICLE WEIGHTS ON THE INTERSTATE HIGHWAY SYSTEM; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-4075 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ESTABLISH REGULATIONS FOR IMPLEMENTATION.

Rep. TOAL moved to continue the Bill.

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

Yeas 11; Nays 72

Those who voted in the affirmative are:

Bradley, J.            Cork                   Derrick
Gregory                Kirsh                  McBride
McEachin               Simpson                Thrailkill
Toal                   Tucker

Total--11

Those who voted in the negative are:

Alexander              Arthur, J.             Arthur, W.
Aydlette               Barfield               Bennett
Blackwell              Boan                   Brett
Brown, H.              Brown, J.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cleveland
Cooper                 Davenport              Day
Edwards                Evatt                  Faber
Felder                 Foster                 Freeman
Gilbert                Gordon                 Harris, J.
Harris, P.             Harvin                 Hawkins
Hayes                  Hearn                  Hendricks, L.
Holt                   Huff                   Jones
Kay                    Klapman                Koon
Lake                   Lewis                  Limehouse
Lockemy                Martin, D.             Martin, L.
Mattos                 McAbee                 McLellan
McLeod                 McTeer                 Mitchell
Moss                   Neilson                Nettles
Petty                  Phillips, O.           Rice
Rogers, J.             Russell                Sharpe
Shelton                Short                  Sturkie
Taylor                 Townsend               Washington
Wilkins                Williams               Woodruff

Total--72

So, the House refused to continue the Bill.

Rep. LEWIS explained the Bill.

Rep. J. BRADLEY asked unanimous consent that the House stand at ease until further information is received.

Rep. LEWIS objected.

Rep. J. BRADLEY moved to table the Bill.

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

Yeas 12; Nays 78

Those who voted in the affirmative are:

Schwartz               Bradley, J.            Cork
Derrick                Foxworth               Hendricks, L.
Kirsh                  McBride                McEachin
Simpson                Thrailkill             Toal

Total--12

Those who voted in the negative are:

Alexander              Altman                 Arthur, J.
Arthur, W.             Aydlette               Bailey, G.
Bailey, K.             Barfield               Bennett
Blackwell              Blanding               Brett
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Cleveland              Cooper                 Dangerfield
Davenport              Day                    Edwards
Evatt                  Faber                  Felder
Ferguson               Foster                 Freeman
Gentry                 Gilbert                Harris, J.
Harris, P.             Harvin                 Hawkins
Hayes                  Hearn                  Hendricks, B.
Holt                   Huff                   Johnson, J.C.
Jones                  Kay                    Keyserling
Koon                   Lake                   Lewis
Limehouse              Lockemy                Marchant
Martin, D.             Martin, L.             Mattos
McAbee                 McLellan               McLeod
McTeer                 Mitchell               Moss
Nettles                Petty                  Phillips, L.
Phillips, O.           Rice                   Sharpe
Sheheen                Shelton                Short
Snow                   Townsend               Tucker
Waldrop                Wilkins                Woodruff

Total--78

So, the House refused to table the Bill.

Rep. J. BRADLEY moved to strike the enacting words of the Bill.

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

Yeas 15; Nays 76

Those who voted in the affirmative are:

Schwartz               Bradley, J.            Cork
Derrick                Foxworth               Harris, J.
Hendricks, B.          Kirsh                  McBride
McEachin               McKay                  Simpson
Stoddard               Thrailkill             Toal

Total--15

Those who voted in the negative are:

Alexander              Altman                 Arthur, J.
Arthur, W.             Bailey, G.             Bailey, K.
Barfield               Bennett                Blackwell
Blanding               Brett                  Brown, G.
Brown, H.              Brown, J.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cleveland
Cooper                 Dangerfield            Davenport
Day                    Edwards                Evatt
Faber                  Felder                 Ferguson
Foster                 Gentry                 Gilbert
Harvin                 Hawkins                Hayes
Hearn                  Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Koon                   Lake
Lewis                  Limehouse              Lockemy
Marchant               Martin, D.             Martin, L.
Mattos                 McAbee                 McLellan
McLeod                 McTeer                 Mitchell
Moss                   Nettles                Petty
Phillips, L.           Phillips, O.           Rice
Rogers, J.             Sharpe                 Sheheen
Shelton                Short                  Snow
Sturkie                Taylor                 Townsend
Tucker                 Waldrop                Wilkins
Woodruff

Total--76

So, the House refused to strike the enacting words of the Bill.

Rep. HARVIN moved immediate cloture on the entire matter.

Rep. SIMPSON moved that the House do now adjourn.

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

Yeas 14; Nays 79

Those who voted in the affirmative are:

Boan                   Bradley, J.            Brown, G.
Brown, R.              Cork                   Foxworth
Hendricks, L.          Mangum                 McEachin
McKay                  McLeod                 Mitchell
Simpson                Thrailkill

Total--14

Those who voted in the negative are:

Schwartz               Alexander              Altman
Arthur, J.             Arthur, W.             Aydlette
Bailey, G.             Barfield               Beasley
Blackwell              Brett                  Brown, H.
Brown, J.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Cleveland              Cooper                 Dangerfield
Davenport              Day                    Derrick
Edwards                Evatt                  Faber
Fair                   Felder                 Foster
Gentry                 Gordon                 Gregory
Harris, J.             Harvin                 Hayes
Hearn                  Hendricks, B.          Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Kirsh
Koon                   Lake                   Lewis
Limehouse              Lockemy                Marchant
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McTeer
Moss                   Nettles                Petty
Phillips, L.           Phillips, O.           Rice
Rogers, J.             Sharpe                 Sheheen
Shelton                Short                  Snow
Stoddard               Sturkie                Toal
Townsend               Tucker                 Waldrop
Washington             White                  Wilkins
Williams

Total--79

So, the House refused to adjourn.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 2, 1986

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:00 Noon today for the purpose of Ratifying Acts.

Very respectfully,
President

No. 34

On motion of Rep. GENTRY the invitation was accepted.

The question then recurred to the motion to invoke immediate cloture.

Rep. J. BRADLEY moved that the House recede until 12:00 Noon.

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

Yeas 9; Nays 77

Those who voted in the affirmative are:

Bradley, J.            Cork                   Foxworth
Hendricks, L.          Kirsh                  McBride
Simpson                Thrailkill             Toal

Total--9

Those who voted in the negative are:

Schwartz               Alexander              Arthur, J.
Arthur, W.             Bailey, G.             Bailey, K.
Barfield               Beasley                Bennett
Blackwell              Brett                  Brown, H.
Brown, J.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Cooper
Dangerfield            Davenport              Day
Derrick                Edwards                Elliott
Evatt                  Faber                  Fair
Felder                 Foster                 Gentry
Gordon                 Gregory                Harris, J.
Harvin                 Hayes                  Hearn
Hendricks, B.          Holt                   Huff
Johnson, J.C.          Jones                  Kay
Keyserling             Koon                   Lake
Lewis                  Limehouse              Martin, L.
Mattos                 McAbee                 McEachin
McKay                  McLeod                 McTeer
Mitchell               Moss                   Nettles
Petty                  Phillips, L.           Phillips, O.
Rice                   Rogers, J.             Sharpe
Sheheen                Shelton                Short
Stoddard               Sturkie                Taylor
Townsend               Waldrop                White
Wilkins                Woodruff

Total--77

So, the House refused to recede until 12:00 Noon.

Further proceedings were interrupted by the Ratification of Acts, the pending question being the motion to invoke immediate cloture on the entire matter.

RATIFICATION OF ACTS

At 12:00 Noon the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R382) S. 1152 -- Senators Courson, Giese, Lourie and K. Patterson: AN ACT TO AMEND AN ACT OF 1986 BEARING RATIFICATION NUMBER 350, RELATING TO THE ELECTION OF TRUSTEES OF RICHLAND COUNTY SCHOOL DISTRICT NOS. 1 AND 2 IN NONPARTISAN ELECTIONS, SO AS TO REVISE THE DATE ON WHICH THESE TRUSTEES SO ELECTED SHALL TAKE OFFICE.

(R383) H. 3337 -- Agriculture and Natural Resources Committee: AN ACT 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.

(R384) H. 3338 -- Agriculture and Natural Resources Committee: AN ACT 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.

(R385) H. 3316 -- Rep. J. Anderson: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SLAUGHTER BROTHERS POST HOLDING CO., INC.

(R386) H. 3625 -- Ways and Means Committee: AN ACT TO AMEND SECTION 41-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE ON UNEMPLOYMENT COMPENSATION CONTRIBUTIONS FOR DELINQUENT REPORTS, SO AS TO REVISE THIS RATE; TO AMEND SECTION 41-31-110, RELATING TO THE COMPUTATION OF UNEMPLOYMENT COMPENSATION RATES FOR SUCCESSORS OF AN EMPLOYER, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RATES ARE TO BE COMPUTED; TO AMEND SECTION 41-31-140, RELATING TO THE PROHIBITION AGAINST THE TRANSFER OF EXPERIENCED RATING ACCOUNTS OF TRANSFERRING EMPLOYERS EXCEPT UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THESE CONDITIONS; AND TO AMEND SECTION 41-35-20, AS AMENDED, RELATING TO THE PAYMENT OF CERTAIN UNEMPLOYMENT COMPENSATION BENEFITS, SO AS TO PROVIDE FOR THE DENIAL OF BENEFITS TO EMPLOYEES OF EDUCATIONAL SERVICES AGENCIES DURING ESTABLISHED AND CUSTOMARY VACATION PERIODS OR HOLIDAY RECESSES.

(R387) H. 3626 -- Ways and Means Committee: AN ACT TO AMEND ARTICLE 3, CHAPTER 27 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING SECTION 41-27-410 SO AS TO PROVIDE FOR A DEFINITION OF EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENTS; TO AMEND SECTIONS 41-31-10, 41-31-40, 41-31-50, AS AMENDED, 41-31-60, AS AMENDED, 41-31-80, AS AMENDED, AND 41-31-670, RELATING TO CERTAIN EMPLOYER CONTRIBUTIONS OR CONTRIBUTION RATES UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE THESE RATES; TO AMEND SECTION 41-31-150, RELATING TO THE TREATMENT OF FRACTIONS OF A CENT UNDER THE EMPLOYMENT SECURITY LAW; TO AMEND SECTION 41-31-360, RELATING TO ADJUSTMENTS AND REFUNDS; TO AMEND SECTION 41-31-380, RELATING TO A LIEN FOR CONTRIBUTIONS, INTEREST, PENALTIES, AND COSTS; TO AMEND SECTION 41-31-390, RELATING TO THE ISSUANCE OF WARRANTS OF EXECUTION FOR COLLECTION OF CONTRIBUTIONS; AND TO AMEND SECTION 41-31-400, RELATING TO THE PROCEDURES UNDER EXECUTION, SO AS TO INCLUDE CERTAIN REFERENCES TO EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENTS WITHIN THESE SECTIONS; TO AMEND CHAPTER 31 OF TITLE 41 OF THE 1976 CODE, RELATING TO CONTRIBUTIONS AND PAYMENTS UNDER THE EMPLOYMENT SECURITY LAW BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE PAYMENT AND COLLECTION OF EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENTS; AND TO AMEND ARTICLE 5, CHAPTER 33 OF TITLE 41 OF THE 1976 CODE, RELATING TO THE EMPLOYMENT SECURITY SPECIAL ADMINISTRATION FUND BY ADDING SECTION 41-33-710 SO AS TO ESTABLISH THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY FUND AND PROVIDE FOR THE MANNER IN WHICH THE MONEY IN THIS FUND MUST BE DEPOSITED, ADMINISTERED, AND DISBURSED.

(R388) H. 2958 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO AMEND SECTIONS 40-15-70, 40-15-110, 40-15-120, 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 PERMIT DENTAL ASSISTANTS AND HYGIENISTS TO TAKE IMPRESSIONS UNDER SUPERVISION OF A DENTIST; TO PROVIDE THAT A PERSON MAY PERFORM ORTHODONTIC TECHNOLOGICAL WORK IF UNDER CONTROL OF AN ORTHODONTIC TECHNICIAN, AND TO MAKE IT UNLAWFUL FOR A PERSON TO PERFORM ORTHODONTIC TECHNOLOGY WITHOUT BEING REGISTERED AS A DENTAL OR ORTHODONTIC TECHNICIAN, TO PROVIDE FOR THE EXAMINATION, REGISTRATION, AND REREGISTRATION OF ORTHODONTIC TECHNICIANS; 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 PROVIDE THAT AN 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 1976 CODE BY ADDING SECTIONS 40-15-85, 40-15-95, AND 40-15-215 SO AS TO DEFINE THE TERM DIRECT SUPERVISION IN A DENTIST'S OFFICE AND THE TERM ORTHODONTIC TECHNOLOGICAL WORK; AND 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.

THE HOUSE RESUMES

At 12:15 P.M. the House resumed, the SPEAKER in the Chair.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., April 2, 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. 1132:

S. 1132 -- Senator Matthews: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF HARLEYVILLE-RIDGEVILLE SCHOOL DISTRICT NO. 3 OF DORCHESTER COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO A SPECIFIED LIMIT FOR CERTAIN PURPOSES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 36

Received as information.

S. 459-- COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 2, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 459:

S. 459 -- The Omnibus Crime Bill.
and asks for a Committee of Conference and has appointed Senators Horace C. Smith, Thomas E. Smith, Jr. and McConnell of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 35

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

S. 344--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of the motion to invoke immediate cloture on the entire matter.

S. 344 -- Senators Lee, Land and Courson: A BILL TO AMEND SECTIONS 56-5-4030, 56-5-4070, AND 56-5-4140, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTHS AND WIDTHS OF VEHICLES AND COMBINATIONS OF VEHICLES, SO AS TO ALLOW VEHICLE WIDTHS OF 102 INCHES ON INTERSTATE HIGHWAYS AND OTHER ROADS TO BE DESIGNATED, TO PERMIT AND REGULATE THE USE OF TWO AND THREE UNIT COMBINATIONS OF VEHICLES ON THE INTERSTATE HIGHWAY SYSTEM AND OTHER ROADS TO BE DESIGNATED, AND TO INCLUDE THE FEDERAL BRIDGE FORMULA FOR ALLOWABLE VEHICLE WEIGHTS ON THE INTERSTATE HIGHWAY SYSTEM; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-4075 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ESTABLISH REGULATIONS FOR IMPLEMENTATION.

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

POINT OF ORDER

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

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

Yeas 5; Nays 85

Those who voted in the affirmative are:

Bradley, J.            Kirsh                  Mangum
Rigdon                 Simpson

Total--5

Those who voted in the negative are:

Schwartz               Alexander              Altman
Arthur, J.             Arthur, W.             Bailey, G.
Bailey, K.             Barfield               Beasley
Blackwell              Brett                  Brown, H.
Brown, J.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Cooper
Cork                   Dangerfield            Davenport
Day                    Derrick                Evatt
Faber                  Felder                 Ferguson
Foster                 Gentry                 Gilbert
Gordon                 Harris, J.             Harris, P.
Harvin                 Hawkins                Hayes
Hearn                  Hendricks, B.          Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Klapman
Koon                   Lake                   Lewis
Lockemy                Marchant               Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McKay
Moss                   Nettles                Pearce
Phillips, L.           Rice                   Rogers, J.
Rogers, T.             Russell                Sharpe
Sheheen                Shelton                Short
Snow                   Stoddard               Sturkie
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Waldrop
Washington             White                  Wilkins
Woodruff

Total--85

So, the House refused to adjourn.

Rep. HARVIN withdrew his motion to invoke immediate cloture on the entire matter.

Rep. J. BRADLEY proposed the following Amendment No. 3, which was tabled.

Amend as and if amended.

By deleting lines 37-45 on page 1, after the word Department on line 37 and lines 1-3 on page 2.

Amend to conform.

Rep. J. BRADLEY explained the amendment.

Rep. LEWIS spoke against the amendment and moved to table the amendment.

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

Yeas 69; Nays 15

Those who voted in the affirmative are:

Alexander              Altman                 Arthur, J.
Arthur, W.             Bailey, G.             Bailey, K.
Barfield               Beasley                Blackwell
Brett                  Brown, H.              Brown, J.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Chamblee               Cleveland              Dangerfield
Davenport              Day                    Elliott
Faber                  Fair                   Felder
Ferguson               Foster                 Gentry
Gilbert                Gordon                 Harris, P.
Harvin                 Hawkins                Hayes
Hearn                  Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Keyserling
Koon                   Lake                   Lewis
Limehouse              Marchant               Martin, D.
Martin, L.             McAbee                 McLellan
Moss                   Ogburn                 Petty
Phillips, L.           Phillips, O.           Rice
Rigdon                 Rogers, J.             Russell
Sharpe                 Sheheen                Shelton
Snow                   Stoddard               Sturkie
Taylor                 Tucker                 Waldrop
Wilkins                Williams               Woodruff

Total--69

Those who voted in the negative are:

Schwartz               Boan                   Bradley, J.
Cork                   Derrick                Foxworth
Harris, J.             Hendricks, B.          Kirsh
Mangum                 McKay                  Short
Simpson                Thrailkill             Toal

Total--15

So, the amendment was tabled.

Rep. J. BRADLEY proposed the following Amendment No. 4.

Amend as and if amended.

By deleting lines 1-45 on page 10 and lines 1 and 2 on page 11.

Amend to conform.

Rep. J. BRADLEY explained the amendment.

Rep. BLACKWELL moved that the House recede until 2:00 P.M.

Rep. L. MARTIN moved that the House do now adjourn.

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

The House refused to adjourn by a division vote of 30 to 56.

The question then recurred to the motion to recede until 2:00 P.M.

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

The motion to recede until 2:00 P.M. was agreed to by a division vote of 59 to 30.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 4, Rep. J. BRADLEY having the floor.

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

LEAVE OF ABSENCE

The SPEAKER granted Reps. LIMEHOUSE and H. BROWN a leave of absence for the remainder of the day.

S. 344--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4, Rep. J. BRADLEY having the floor.

S. 344 -- Senators Lee, Land and Courson: A BILL TO AMEND SECTIONS 56-5-4030, 56-5-4070, AND 56-5-4140, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTHS AND WIDTHS OF VEHICLES AND COMBINATIONS OF VEHICLES, SO AS TO ALLOW VEHICLE WIDTHS OF 102 INCHES ON INTERSTATE HIGHWAYS AND OTHER ROADS TO BE DESIGNATED, TO PERMIT AND REGULATE THE USE OF TWO AND THREE UNIT COMBINATIONS OF VEHICLES ON THE INTERSTATE HIGHWAY SYSTEM AND OTHER ROADS TO BE DESIGNATED, AND TO INCLUDE THE FEDERAL BRIDGE FORMULA FOR ALLOWABLE VEHICLE WEIGHTS ON THE INTERSTATE HIGHWAY SYSTEM; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-4075 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ESTABLISH REGULATIONS FOR IMPLEMENTATION.

AMENDMENT NO. 4--TABLED

Debate was resumed on Amendment No. 4 by Rep. J. BRADLEY.

Rep. J. BRADLEY continued speaking.

Rep. TOAL moved to continue the Bill.

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

Yeas 11; Nays 58

Those who voted in the affirmative are:

Schwartz               Bradley, J.            Cork
Foxworth               Hendricks, B.          Kirsh
Mangum                 McBride                McEachin
Thrailkill             Toal

Total--11

Those who voted in the negative are:

Alexander              Aydlette               Bailey, G.
Bailey, K.             Beasley                Bennett
Blackwell              Boan                   Bradley, P.
Brown, G.              Brown, J.              Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Cooper                 Davenport              Day
Derrick                Faber                  Felder
Ferguson               Gentry                 Hawkins
Hayes                  Hearn                  Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Klapman                Koon                   Lake
Lewis                  Martin, D.             McAbee
McTeer                 Mitchell               Moss
Neilson                Nettles                Petty
Phillips, L.           Rice                   Rigdon
Rogers, J.             Russell                Sharpe
Sheheen                Short                  Snow
Townsend               Tucker                 Washington
White                  Wilkins                Williams
Woodruff

Total--58

So, the House refused to continue the Bill.

Rep. J. BRADLEY continued speaking.

Rep. CORK asked unanimous consent that the time of the speaker be extended 5 minutes, which was not agreed to.

Rep. LEWIS moved immediate cloture on the entire matter.

POINT OF ORDER

Rep. J. BRADLEY raised the Point of Order that the motion was out of order as Rep. LEWIS was not in his seat when he made the motion.

The SPEAKER sustained the Point of Order.

Rep. BEASLEY moved immediate cloture on the entire matter.

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

The motion to invoke immediate cloture was agreed to by a division vote of 40 to 30.

Rep. J. BRADLEY moved to strike the enacting words of the Bill.

Rep. LEWIS moved to table the motion.

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

The motion to table the motion to strike the enacting words of the Bill was agreed to by a division vote of 54 to 14.

Rep. J. BRADLEY moved that the House recede until 3:00 P.M.

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

The House refused to recede until 3:00 P.M. by a division vote of 7 to 65.

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

POINT OF ORDER

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

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

Yeas 10; Nays 64

Those who voted in the affirmative are:

Bennett                Bradley, J.            Cork
Foxworth               Kay                    Kirsh
McBride                McEachin               Thrailkill
Toal

Total--10

Those who voted in the negative are:

Schwartz               Alexander              Altman
Aydlette               Bailey, G.             Bailey, K.
Beasley                Blackwell              Bradley, P.
Brett                  Brown, G.              Brown, J.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Cooper
Davenport              Day                    Derrick
Faber                  Felder                 Gentry
Gilbert                Harris, J.             Hawkins
Hayes                  Hearn                  Hendricks, B.
Johnson, J.C.          Johnson, J.W.          Jones
Keyserling             Klapman                Koon
Lake                   Lewis                  Martin, D.
McAbee                 McKay                  McTeer
Mitchell               Moss                   Neilson
Nettles                Ogburn                 Petty
Phillips, L.           Phillips, O.           Rice
Rigdon                 Rogers, J.             Russell
Sharpe                 Sheheen                Short
Snow                   Townsend               Tucker
White                  Wilkins                Williams
Woodruff

Total--64

So, the House refused to adjourn.

The question then recurred to the adoption of the amendment.

Rep. LEWIS moved to table the amendment.

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

The amendment was then tabled by a division vote of 41 to 12.

Rep. J. BRADLEY proposed the following Amendment No. 5, which was tabled.

Amend as and if amended.

By deleting Section 2 beginning on line 15, page 2 and ending on line 37, page 4.

Amend to conform.

Rep. J. BRADLEY explained the amendment.

Rep. BEASLEY moved to table the amendment.

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

Yeas 65; Nays 15

Those who voted in the affirmative are:

Alexander              Altman                 Aydlette
Bailey, G.             Bailey, K.             Barfield
Beasley                Bennett                Blackwell
Boan                   Bradley, P.            Brett
Brown, G.              Brown, J.              Brown, R.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Dangerfield
Davenport              Day                    Edwards
Faber                  Felder                 Gentry
Gilbert                Hawkins                Hayes
Hearn                  Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Koon                   Lake                   Lewis
Lockemy                Marchant               Martin, D.
McAbee                 McTeer                 Mitchell
Moss                   Nettles                Petty
Phillips, L.           Phillips, O.           Rice
Rigdon                 Rogers, J.             Russell
Sharpe                 Sheheen                Short
Snow                   Stoddard               Townsend
Tucker                 Waldrop                Washington
Wilkins                Woodruff

Total--65

Those who voted in the negative are:

Schwartz               Bradley, J.            Cooper
Cork                   Foxworth               Freeman
Harris, J.             Hendricks, B.          Kirsh
Mangum                 McBride                McEachin
McKay                  Neilson                Toal

Total--15

So, the amendment was tabled.

POINT OF ORDER

Rep. TOAL raised the Point of Order that the Bill was not properly before the House as it affected the expenditures of money by the State and did not have a Fiscal Impact Statement attached, as mandated by Rule 5.13.

The SPEAKER overruled the Point of Order.

Rep. J. BRADLEY proposed the following Amendment No. 6, which was tabled.

Amend as and if amended.

Delete subitem 3 of Section 2, page 3.

Amend to conform.

Rep. J. BRADLEY explained the amendment.

Rep. LEWIS moved to table the amendment.

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

The amendment was then tabled by a division vote of 50 to 14.

Reps. TOAL and BRADLEY proposed the following Amendment No. 7, which was tabled.

Amend as and if amended, S. printed 2-11-86--H.

Section 3, at page 10 (A-11) of the Bill as printed by striking lines 4-38 and the words, "After Sept. 1, 1988," at line 39 and substituting therefor the words, "Upon the effective date of this act," and striking at line 45, the words, "Any moratorium on," and lines 1 and 2 on page 11 (A-12).

Amend to conform.

Rep. TOAL explained the amendment.

Rep. J. BRADLEY moved that the House recede until 2:55 P.M. and demanded the yeas and nays, which were taken resulting as follows:

Yeas 9; Nays 66

Those who voted in the affirmative are:

Bradley, J.            Cork                   Foxworth
Freeman                Kirsh                  Mangum
McBride                McEachin               Toal

Total--9

Those who voted in the negative are:

Schwartz               Alexander              Aydlette
Bailey, G.             Bailey, K.             Beasley
Blackwell              Bradley, P.            Brett
Brown, J.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Cooper
Dangerfield            Davenport              Day
Edwards                Faber                  Felder
Foster                 Gentry                 Gilbert
Harris, J.             Hawkins                Hayes
Hearn                  Hendricks, B.          Johnson, J.C.
Johnson, J.W.          Jones                  Keyserling
Koon                   Lake                   Lewis
Lockemy                Marchant               Martin, D.
McAbee                 McTeer                 Mitchell
Moss                   Neilson                Nettles
Ogburn                 Petty                  Phillips, L.
Phillips, O.           Rice                   Rigdon
Rogers, J.             Russell                Sharpe
Sheheen                Snow                   Stoddard
Taylor                 Townsend               Waldrop
Washington             White                  Williams

Total--66

So, the House refused to recede until 2:55 P.M.

SPEAKER PRO TEMPORE IN CHAIR

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

POINT OF ORDER

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

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

Yeas 17; Nays 62

Those who voted in the affirmative are:

Arthur, J.             Bradley, J.            Brown, G.
Cork                   Foxworth               Freeman
Johnson, J.W.          Kay                    Kirsh
Mangum                 McBride                McEachin
McKay                  Mitchell               Phillips, O.
Toal                   Wilkins

Total--17

Those who voted in the negative are:

Schwartz               Alexander              Anderson, S.
Aydlette               Bailey, K.             Barfield
Beasley                Blackwell              Boan
Bradley, P.            Brett                  Brown, J.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Cleveland              Cooper                 Dangerfield
Davenport              Day                    Derrick
Edwards                Faber                  Felder
Foster                 Gentry                 Hawkins
Hayes                  Hearn                  Hendricks, B.
Huff                   Johnson, J.C.          Jones
Keyserling             Klapman                Koon
Lake                   Lewis                  Martin, D.
McAbee                 McTeer                 Neilson
Nettles                Ogburn                 Petty
Phillips, L.           Rice                   Rigdon
Rogers, J.             Russell                Sharpe
Sheheen                Snow                   Stoddard
Taylor                 Townsend               Tucker
Waldrop                White

Total--62

So, the House refused to adjourn.

Rep. LEWIS spoke against the amendment.

Reps. LEWIS and BEASLEY moved to table the amendment.

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

Yeas 64; Nays 13

Those who voted in the affirmative are:

Alexander              Arthur, J.             Aydlette
Bailey, G.             Bailey, K.             Barfield
Beasley                Blackwell              Boan
Bradley, P.            Brown, J.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cleveland
Cooper                 Dangerfield            Davenport
Day                    Derrick                Edwards
Faber                  Fair                   Felder
Foster                 Gentry                 Gilbert
Hawkins                Hayes                  Hearn
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Koon
Lake                   Lewis                  Lockemy
Marchant               Martin, D.             Mattos
McAbee                 McTeer                 Moss
Nettles                Petty                  Phillips, L.
Phillips, O.           Rice                   Rigdon
Russell                Sharpe                 Stoddard
Taylor                 Townsend               Tucker
Waldrop                Washington             White
Wilkins

Total--64

Those who voted in the negative are:

Schwartz               Bradley, J.            Cork
Foxworth               Freeman                Harris, J.
Hendricks, B.          Keyserling             Kirsh
McBride                McEachin               McKay
Toal

Total--13

So, the amendment was tabled.

Rep. J. BRADLEY moved that the House recede until 3:05 P.M.

Rep. BEASLEY moved to table the motion which was agreed to.

Rep. J. BRADLEY proposed the following Amendment No. 8.

Amend as and if amended.

By deleting June 11, 1980 on line 13, page 4 and inserting, "the effective date of this act."

Amend to conform.

Rep. J. BRADLEY explained the amendment.

Rep. SCHWARTZ asked unanimous consent that the House do now adjourn.

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

The motion to adjourn was agreed to by a division vote of 39 to 17.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 8, Rep. J. BRADLEY having the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3733 -- Reps. Edwards, S. Anderson, Ferguson, Hawkins, Lake and Petty: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO MR. DON WATSON OF SPARTANBURG COUNTY FOR HIS OUTSTANDING AND DEDICATED SERVICE AS CHAIRMAN OF THE SPARTANBURG DEMOCRATIC PARTY AND COMMENDING HIM FOR HIS MANY OTHER SERVICES TO HIS COMMUNITY.

H. 3735 -- Reps. Ogburn, Huff, Gentry, McLeod, Hawkins, J. Rogers, McKay, Boan and Sheheen: A CONCURRENT RESOLUTION CONGRATULATING COCKY, THE MASCOT OF THE UNIVERSITY OF SOUTH CAROLINA'S FIGHTING GAMECOCKS, UPON WINNING THE TOP AWARD IN THE FIRST "MASCOT NATIONALS" CONTEST, HELD BY THE UNIVERSITY CHEERLEADING ASSOCIATION AND SPONSORED BY FORD MOTOR COMPANY.

H. 3745 -- Reps. Dangerfield, J. Bradley, Holt, Washington, Helmly, G. Bailey, Day, H. Brown, Williams, Aydlette, Foxworth, Kohn, D. Martin, Rawl and Limehouse: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE ROBERT B. SCARBOROUGH OF CHARLESTON COUNTY, A MEMBER OF THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION, FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE AND FOR HIS UNSELFISH AND CONTINUOUS EFFORTS IN BEHALF OF THE CITIZENS OF CHARLESTON COUNTY AND THE STATE.

H. 3702 -- Reps. Sturkie, Koon, M.D. Burriss, Lloyd Hendricks, Evatt, Klapman, J.H. Burriss, Derrick, Taylor, Sharpe, Cooper, Faber, J. Brown, T.M. Burriss, T. Rogers, Barfield and Toal: A CONCURRENT RESOLUTION TO FIX 12:00 NOON, WEDNESDAY, MAY 14, 1986, AS THE TIME FOR A JOINT ASSEMBLY OF THE HOUSE OF REPRESENTATIVES AND SENATE FOR CEREMONIES MARKING THE UNVEILING AND ACCEPTANCE OF THE STATE HOUSE PORTRAIT OF THE LATE DR. WIL LOU GRAY, PIONEER OF THE SOUTH CAROLINA OPPORTUNITY SCHOOL.

H. 3712 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Evatt, Faber, Hearn, Lloyd I. Hendricks, T. Rogers, Taylor and Toal: A CONCURRENT RESOLUTION TO FIX IMMEDIATELY FOLLOWING HUMAN SERVICES COMMISSION ELECTIONS ON WEDNESDAY, APRIL 23, 1986, FOR THE SENATE AND HOUSE OF REPRESENTATIVES TO MEET IN JOINT ASSEMBLY TO HEAR AN ADDRESS BY ASTRONAUT CHARLES F. BOLDEN, JR., A NATIVE COLUMBIAN.

H. 3728 -- Rep. Harvin: A CONCURRENT RESOLUTION NAMING THE CLARENDON COUNTY MAINTENANCE FACILITY THE J.B. RICHBOURG MAINTENANCE CENTER.

H. 3734 -- Rep. Marchant: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 20 THROUGH 26, 1986, PROFESSIONAL SECRETARIES' WEEK AND APRIL 23, 1986, SECRETARIES' DAY THROUGHOUT THE STATE OF SOUTH CAROLINA, AND TO INVITE THE CITIZENS OF THIS STATE TO JOIN PROFESSIONAL SECRETARIES INTERNATIONAL, ORIGINATOR AND SPONSOR OF THE WEEK AND DAY, AS THEY ACKNOWLEDGE THE VITAL CONTRIBUTIONS OF SECRETARIES TO OFFICES EVERYWHERE.

H. 3736 -- Labor, Commerce and Industry Committee: A CONCURRENT RESOLUTION TO DESIGNATE JULY, 1986, AS "BUY AMERICAN MONTH".

ADJOURNMENT

At 2:55 P.M. the House in accordance with the motion of Rep. SCHWARTZ adjourned to meet at 10:00 A.M. tomorrow.

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