Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Rev. Ron Zeddick, Pastor of Maple Baptist Church in Conway, S.C. as follows:
Dear Father,
We humbly beg your presence to sweep the halls of this center of litigation and legislation. We pray that the one who is the author of liberty might author the business of this day. Lord, teach us from whence cometh our help. For "Our help cometh from the Lord who made both Heaven and earth."
Let us not be proud in our achievements, but humbled that you have used even us in the business of governing this state. And through our failures, help us to see the limitation of man and our need to place our trust in you. And finally, may we know the difference in failure and victory. For victory cannot be measured in our individual advancement, but in the advancement of the governed!
Now use us as leaders, and bless this body through your grace that was so abundantly given in Jesus Christ, in whose name we humbly pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by Rep. KLAPMAN.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
April 15, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 708)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on April 15, 1986 regulations to repeal all existing regulations from the S.C. Institute of Archaeology and Anthropology.
They are hereby referred to the Committee on Education and Public Works for consideration.
Sincerely,
Ramon Schwartz, Jr.
Received as information.
The following was received.
The General Assembly
Columbia, SC, April 3, 1986
The Committee of Conference, to whom was referred:
H. 3331 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1981, 1982, 1983, 1984, 1985, AND 1986 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1986.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Reference is to Printer's Date 2-25-86-H.
Amend the resolution, as and if amended, in SECTION 1, by striking /(A)/ on line 26 and by striking subsections (B) and (C) which begin on line 31 and end on line 38.
Amend title to conform.
James M. Waddell, Jr. Patrick B. Harris
Thomas L. Moore Herbert Kirsh
William W. Doar Jarvis R. Klapman
On the Part of the Senate On the Part of the
House
Rep. KIRSH explained the Conference Report.
The report was adopted and a message was ordered sent to the Senate accordingly.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1137 -- Senators Waddell, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, E.J. Patterson, K. Patterson, Peeler, Pope, Powell, Ravenel, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Theodore, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION URGING THE UNITED STATES SENATE TO REJECT THOSE PORTIONS OF H.R. 3838, THE TAX REFORM ACT OF 1985, WHICH HAS PASSED THE UNITED STATES HOUSE OF REPRESENTATIVES, OR ANY OTHER SIMILAR TAX LEGISLATION ADVERSELY IMPACTING SOUTH CAROLINA'S FOREST PRODUCTS INDUSTRY AND URGING THE UNITED STATES CONGRESS TO PURSUE ONLY TAX REVISIONS THAT PROMOTE ECONOMIC GROWTH, PRODUCTIVITY, INTERNATIONAL COMPETITIVENESS, AND SOUND FOREST MANAGEMENT.
On motion of Rep. SNOW, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1137 -- Senators Waddell, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, E.J. Patterson, K. Patterson, Peeler, Pope, Powell, Ravenel, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Theodore, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION URGING THE UNITED STATES SENATE TO REJECT THOSE PORTIONS OF H.R. 3838, THE TAX REFORM ACT OF 1985, WHICH HAS PASSED THE UNITED STATES HOUSE OF REPRESENTATIVES, OR ANY OTHER SIMILAR TAX LEGISLATION ADVERSELY IMPACTING SOUTH CAROLINA'S FOREST PRODUCTS INDUSTRY AND URGING THE UNITED STATES CONGRESS TO PURSUE ONLY TAX REVISIONS THAT PROMOTE ECONOMIC GROWTH, PRODUCTIVITY, INTERNATIONAL COMPETITIVENESS, AND SOUND FOREST MANAGEMENT.
Whereas, the manufacture of forest products in South Carolina ranks as the state's third largest industry, creating three billion dollars annually in the economy; and
Whereas, timber is the state's leading cash crop with annual harvest receipts to private landowners in excess of three hundred seventy million dollars; and
Whereas, the forest products industry employed over thirty thousand four hundred people in 1984 with total wages paid of over six hundred twenty-five million dollars; and
Whereas, there are over one hundred thousand individual landowners who own seventy-three percent of the state's twelve and one-half million acres of commercial forest land, with industry owning eighteen percent, and government nine percent; and
Whereas, the forest products industry in South Carolina is comprised of small and large businesses, including producers of pulp, paper, and paperboard; manufacturers of lumber and wood products; and small and large landowners; and
Whereas, lumber and paper manufacturers depend for their raw material on the thousands of tree farmers who own nine million one hundred thousand acres of South Carolina's forest resource; and
Whereas, tree farmers in turn depend on a health manufacturing industry as a market for their crops; and
Whereas, changes in tax law and policy that impact one sector will ultimately affect the other; and
Whereas, the United States Congress is now considering legislation to rewrite our Nation's tax laws and policies; and
Whereas, the tax legislation which has been approved by the United States House of Representatives, H.R. 3838, the Tax Reform Act of 1985, and referred to the United States Senate, would eliminate capital gains treatment on the sale of timber for some landowners; and
Whereas, H.R. 3838 would require the capitalization of timber growing costs now treated as ordinary expenses, which means that a private landowner could only recover his annual management expenses over a five-year period, and industrial landowners could not recover their growing costs until the timber is harvested, which in South Carolina is twenty-five to thirty-five years; and
Whereas, the capitalization of growing costs would increase the after-tax cost of planting and managing forests for large growers one hundred percent and for small growers fifty percent during the first five years after enactment of H.R. 3838; and
Whereas, H.R. 3838 would repeal the reforestation tax credit for small landowners; and
Whereas, H. R. 3838 would repeal the investment tax credit for small and large businesses and significantly lengthen asset depreciation periods which both would discourage the formation of capital for future investment in an industry that has invested over two billion one hundred fifty million dollars in manufacturing facilities in South Carolina since 1981; and
Whereas, any effort to saddle this important industry of South Carolina with an additional tax burden will make it noncompetitive with foreign producers, will break faith with many of South Carolina's landowners who have been urged to practice forestry, and will greatly discourage reforestation and management of this important crop. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, urges the Senate of the United States to reject those portions of H.R. 3838, the Tax Reform Act of 1985, or any other similar tax legislation which proposes disincentives to growing trees and investing and expanding the forest products industry base.
Be it further resolved that the General Assembly of the State of South Carolina urges the Congress of the United States to pursue only tax law revisions that promote economic growth, productivity, international competitiveness and sound forest management.
Be it further resolved, that the General Assembly of the State of South Carolina urges the members of the South Carolina Congressional Delegation to reject those portions of H.R. 3838 or any other tax legislation adversely affecting South Carolina's forest products industry and pursue an approach to tax revision which fosters a stronger, healthier, more competitive economy.
Be it further resolved that a copy of this resolution be forwarded to each member of South Carolina's Congressional Delegation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1201 -- Senators Garrison and Doar: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT AND CONGRESS OF THE UNITED STATES TO ACCELERATE PAYMENT TO QUALIFIED FARMERS OF THE AMOUNTS AUTHORIZED BY THE FOOD SECURITY ACT OF 1985.
On motion of Rep. SNOW, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1201 -- Senators Garrison and Doar: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT AND CONGRESS OF THE UNITED STATES TO ACCELERATE PAYMENT TO QUALIFIED FARMERS OF THE AMOUNTS AUTHORIZED BY THE FOOD SECURITY ACT OF 1985.
Whereas, there is a severe and unusual economic crisis in production agriculture resulting in an urgent, pressing need for cash funds to enable farmers to produce a crop for 1986. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the President and the Congress of the United States are urged to accelerate payment to qualified farmers in the amount of deficiency payments, land diversion payments, loan deficiency payments, and conservation reserve payments that are provided by the Food Security Act of 1985.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1107 -- Senators Thomas E. Smith, Jr. and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4095 SO AS TO PROVIDE FOR PERMITS FOR TRANSPORTING NO MORE THAN TWO MODULAR HOUSING UNITS OR SECTIONAL HOUSING UNITS IF THE TOTAL LENGTH IS NOT MORE THAN FIFTY-TWO FEET.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3713 -- Rep. S. Anderson: A BILL TO AMEND CHAPTER 32 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS BY ADDING SECTION 27-32-250 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF "VACATION MULTIPLE OWNERSHIP INTERESTS".
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3720 -- Reps. Hawkins, P. Bradley, Russell, Davenport and Petty: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO FULL OR PARTIAL PAYMENT FOR RENT CHARGED FOR ANY RENTAL PROPERTY.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3477 -- Reps. Sheheen, Mangum, Gordon, Kirsh, Wilkins, White and Gregory: A BILL TO AMEND SECTIONS 38-5-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR INSURANCE COMPANIES AND THE COLLECTION AND DISPOSITION OF THE FEES, SO AS TO PROVIDE FOR FIXED LICENSE FEES AS SET BY REGULATION RATHER THAN ANNUAL FIXED LICENSE FEES OF SPECIFIED AMOUNTS; 38-5-400, RELATING TO A TWO HUNDRED DOLLAR LICENSE FEE FOR FOREIGN INSURANCE COMPANIES, SO AS TO PROVIDE FOR A LICENSE FEE AS SET BY REGULATION RATHER THAN AN ANNUAL LICENSE FEE IN THE SPECIFIED AMOUNT; 38-5-440, RELATING TO RETURNS AND PAYMENT OF GRADED LICENSE FEES ON DOMESTIC INSURANCE COMPANIES, SO AS TO PROVIDE THAT THE TAX IMPOSED IN SECTIONS 38-5-410 OR 38-5-420 MUST BE PAID QUARTERLY TO THE TAX COMMISSION RATHER THAN BE PAID IN FULL TO THE TAX COMMISSION AT THE TIME THE RETURN IS FILED; 38-5-770, RELATING TO UNEARNED PREMIUM RESERVES AND INSURANCE COMPANIES, SO AS TO DELETE REFERENCES TO CERTAIN FEES OF TWO HUNDRED DOLLARS AND PROVIDE INSTEAD FOR FEES AS SET BY REGULATION; 38-5-1250, RELATING TO THE REQUIREMENT THAT EXPENSES OF INVESTIGATIONS MUST BE PAID BY FIRE INSURANCE COMPANIES AND A TAX LEVY, SO AS TO PROVIDE THAT THE TAX IS TO BE COLLECTED QUARTERLY BY THE CHIEF INSURANCE COMMISSIONER; 38-21-710, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS, ANNUAL RENEWAL OF LICENSES, AND FEE, SO AS TO PROVIDE FOR BIENNIAL RENEWAL AND TO PROVIDE FOR CERTAIN FEES AS SET BY REGULATION RATHER THAN IN SPECIFIED AMOUNTS; 38-27-30, AS AMENDED, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES AND LICENSE, FEE, AND INTERROGATORIES, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A BIENNIAL, RATHER THAN AN ANNUAL, LICENSE FEE SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; 38-43-930, RELATING TO FIRE, MARINE AND INLAND MARINE AND CASUALTY AND SURETY RATES, RATING ORGANIZATIONS, AND ISSUANCE OR DENIAL OF LICENSE, DURATION, AND FEE, SO AS TO PROVIDE THAT THE FEE FOR THE LICENSE MUST BE SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; 38-45-160, RELATING TO RECIPROCAL INSURANCE AND FEES, TAXES, AND BOND OF ATTORNEY, SO AS TO PROVIDE FOR A LICENSE FEE AS SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT AND TO PROVIDE FOR BIENNIAL, RATHER THAN ANNUAL, RENEWAL; 38-47-30, RELATING TO THE ISSUANCE OF LICENSES TO INSURANCE BROKERS, SO AS TO PROVIDE FOR THE PAYMENT OF A BIENNIAL, RATHER THAN AN ANNUAL, LICENSE FEE AS SET BY REGULATION, RATHER THAN IN A SPECIFIED AMOUNT; 38-47-90, RELATING TO THE PROVISION THAT INSURANCE BROKERS' LICENSES ARE FOR AN INDEFINITE TERM UNLESS REVOKED OR SUSPENDED AND TO AN ANNUAL FEE PAYABLE AS PROVIDED BY REGULATION, SO AS TO PROVIDE FOR A BIENNIAL LICENSE FEE; 38-49-30, RELATING TO FEES FOR INSURANCE ADJUSTERS' LICENSES, SO AS TO PROVIDE THAT THE FEE FOR THIS LICENSE IS AS SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; 38-49-40, RELATING TO THE PROVISION THAT INSURANCE ADJUSTERS' LICENSES ARE FOR AN INDEFINITE TERM UNLESS REVOKED OR SUSPENDED AND TO AN ANNUAL FEE PAYABLE AS PROVIDED BY REGULATION, SO AS TO PROVIDE FOR A BIENNIAL LICENSE FEE; 38-51-90, RELATING TO FEES FOR LICENSES OF INSURANCE AGENTS AND SEMIANNUAL LICENSES, SO AS TO PROVIDE THAT BIENNIAL, RATHER THAN ANNUAL, FEES APPLICABLE TO AGENTS' LICENSES MUST BE SET BY REGULATION, RATHER THAN BE IN SPECIFIED AMOUNTS; 38-57-120, RELATING TO FIREMEN'S INSURANCE AND INSPECTION FUNDS AND THE PAYMENT OF A PORTION OF THE PREMIUMS REPORTED TO THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE FOR PAYMENT AND DELIVERY ON A QUARTERLY BASIS, RATHER THAN WITHIN SIXTY DAYS AFTER THE THIRTY-FIRST DAY OF DECEMBER OF EACH YEAR; 42-5-150, RELATING TO WORKERS' COMPENSATION, INSURANCE AND SELF-INSURANCE, AND RETURNS AND PAYMENT OF TAX, SO AS TO REQUIRE INSURANCE CARRIERS TO MAKE A REPORT, RATHER THAN A RETURN, ON A QUARTERLY BASIS, RATHER THAN ANNUALLY; AND 56-13-20, AS AMENDED, RELATING TO MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS AND, AMONG OTHER THINGS, THE REQUIRED LICENSE AND FEE, SO AS TO PROVIDE FOR A LICENSE FEE AS SET BY REGULATION RATHER THAN IN A SPECIFIED AMOUNT; TO PROVIDE THAT LICENSE FEES IN TITLE 38 MUST BE SET BY THE CHIEF INSURANCE COMMISSIONER BY REGULATION; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA INSURANCE COMMISSION.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 24 -- Senator Theodore: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 14 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR ACTIVE MEMBERS OF THE UNITED STATES MILITARY RESERVE, INCLUDING PROVISIONS FOR A FEE AND FOR CRIMINAL PENALTIES.
Ordered for consideration tomorrow.
Rep. STODDARD, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 879 -- Senators Wilson and Setzler: A BILL TO AMEND SECTION 59-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PERMIT ABBREVIATED SCHOOL HOURS ON THE FINAL TWO DAYS OF THE SCHOOL YEAR.
Ordered for consideration tomorrow.
The following was introduced:
H. 3829 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3345, RELATING TO THE ADOPTION PROVISIONS IN THE CHILDREN'S CODE, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H.3671 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.3345 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.3345 be set by special order for second reading or other consideration immediately following second reading or other disposition of H.3671 and continuing each legislative day until second reading or it is otherwise disposed of.
The Resolution was adopted.
The following was introduced:
H. 3830 -- Rep. Snow: A CONCURRENT RESOLUTION COMMENDING ELAINE COOPER OF SOUTH CAROLINA EDUCATIONAL TELEVISION FOR HER CONTRIBUTION TO THE PRODUCTION OF THE ENTERTAINING DOCUMENTARY FILM, "SHAG".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3831 -- Rep. Snow: A CONCURRENT RESOLUTION COMMENDING BUCK BRINSON OF SOUTH CAROLINA EDUCATIONAL TELEVISION FOR HIS CONTRIBUTION TO THE PRODUCTION OF THE ENTERTAINING DOCUMENTARY FILM, "SHAG".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3832 -- Rep. Snow: A CONCURRENT RESOLUTION COMMENDING RICK SEBAK OF SOUTH CAROLINA EDUCATIONAL TELEVISION FOR HIS CONTRIBUTION TO THE PRODUCTION OF THE ENTERTAINING DOCUMENTARY FILM, "SHAG".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 3833 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 701, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Without reference.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. Arthur, J. Aydlette Bailey, G. Bailey, K. Barfield Beasley Blackwell Blanding Blatt Boan Bradley, J. Bradley, P. 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 Harris, J. Harris, P. Harvin Hawkins Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Kohn Lake Lewis Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Rice Rogers, J. Rogers, T. Russell Sheheen Shelton Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on April 16, 1986.
L. Edward Bennett Sterling Anderson Thomas N. Rhoad Robert W. Hayes, Jr. William H. Jones Jack Gregory Dave C. Waldrop Olin R. Phillips T.W. Edwards, Jr. Larry E. Gentry Tom G. Woodruff Rick Rigdon Lenoir Sturkie Charles L. Griffin III Dick Elliott Warren D. Arthur A. Victor Rawl Larry Koon
The SPEAKER granted Rep. SHARPE a leave of absence for today and tomorrow.
The SPEAKER granted Rep. MARCHANT a leave of absence for the day.
Rep. E. CROSBY LEWIS signed a statement with the Clerk that he came in after the roll call and was present for the Session on Thursday, April 10, 1986.
The following Bill was taken up.
H. 3551 -- Rep. Winstead: A BILL TO AMEND SECTION 40-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO AS TO REVISE THE DEFINITION OF PHYSICAL THERAPY AND TO DELETE THE DEFINITION OF A PRESCRIPTION; TO AMEND SECTION 40-45-200, RELATING TO THE GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF THE REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO DELETE THE GROUND PROVIDING FOR THOSE WHO PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY AND TO PROVIDE FOR A NEW GROUND RELATING TO FEES; AND TO AMEND SECTION 40-45-220, AS AMENDED, RELATING TO TREATMENT BY PHYSICAL THERAPISTS AND SUPERVISION OF ASSISTANTS, SO AS TO DELETE THE PROVISION THAT A REGISTERED PHYSICAL THERAPIST MAY NOT PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY.
Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3549R):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-45-20 of the 1976 Code, as last amended by Act 413 of 1982, is further amended to read:
"Section 40-45-20. In As used in this chapter, unless the context otherwise requires, the following definitions shall have the following meaning:
(1) 'Physical therapy' shall mean means the evaluation and treatment of any bodily or mental condition of any person by the use of physical, chemical, or mechanical agents, the properties of heat, light, water, electricity, massage, sound, and therapeutic exercises, including rehabilitation procedures, all under the prescription of a licensed doctor of medicine or dentistry. However, if a physical therapist has successfully completed three years of post-graduate clinical experience, he may practice without the prescription of a licensed doctor of medicine or dentistry. As used in this item, chemical agents do not include physician prescribed pharmaceutical agents or other controlled substances. No person registered under this chapter may practice procedures for the purpose of manipulation or adjustment of osseous articulations of the human body. The use of roentgen rays and radium for diagnostic or therapeutic purposes, the use of electricity for surgical purposes, including cauterization and colonic irrigations, are not authorized under the term 'physical therapy' as used in this chapter. Use of electricity in the practice of physical therapy may only encompass uses to muscular and peripheral nerves. Penetration of the skin or entering into any body cavity is not authorized under 'physical therapy' as used in this chapter. Evaluation and treatment by physical therapists do not include the prescription of prosthetic or orthopedic devices and the ordering of diagnostic studies of any type.
(2) 'Physical therapist' shall mean means a person who practices physical therapy.
(3) 'Physical therapist assistant' shall mean means a person who assists a physical therapist and whose activities require an understanding of physical therapy but do not require advanced training in the anatomical, biological, and physical sciences involved in the practice of physical therapy.
(4) 'Prescription' shall mean means the written or oral designation of physical therapy treatment by a licensed doctor of medicine or dentistry, and the instruction therefor for the prescription may be as detailed or as general as the doctor in his sound discretion deems considers necessary in the particular case.
(5) 'Board' shall mean means the State Board of Physical Therapy Examiners."
SECTION 2. Section 40-45-200 of the 1976 Code is amended to read:
"Section 40-45-200. The Board, after due notice and hearing, may refuse to register any applicant and, may refuse to renew the registration of any registered person, and may suspend or revoke the registration of any registered person:
(1) Who who is habitually drunk or who is addicted to the use of narcotic drugs or hallucinogenic agents;
(2) Who who has been convicted of violating any State state or Federal federal narcotic law;
(3) Who who is, in the judgment of the Board, guilty of immoral or unprofessional conduct;
(4) Who who has been convicted of any crime involving moral turpitude;
(5) Who who is guilty, in the judgment of the Board, of gross negligence in his practice as a physical therapist or as a physical therapy assistant;
(6) Who who has obtained or attempted to obtain registration by fraud or material misrepresentation or who has made any other false statement to the Board;
(7) Who who has been declared mentally incompetent by a court of competent jurisdiction and has not thereafter later been declared sane;
(8) Who who has treated or undertaken to treat human ailments otherwise than by physical therapy as defined in this chapter, or who has undertaken to practice independent of the prescription of a licensed doctor of medicine or dentistry without having completed the required post-graduate clinical experience; or
(9) Who who has failed or refused to obey any lawful order or regulation of the Board."
SECTION 3. Section 40-45-220 of the 1976 Code, as last amended by Act 413 of 1982, is further amended to read:
"Section 40-45-220. A person registered under this chapter as a physical therapist shall may not treat human ailments otherwise than by physical therapy as defined in this chapter or undertake to practice independent of the prescription of a licensed doctor of medicine or dentistry without the required post-graduate clinical experience. Nothing in this chapter shall may be construed as authorizing a registered physical therapist, or any other person to practice medicine, surgery, osteopathy, homeopathy, chiropractics, naturopathy, magnetic healing, or any other form, branch, or method of healing as authorized by the laws of this State law. If a physical therapist is practicing without the prescription of a licensed doctor of medicine or dentistry, and no significant improvement occurs with the patient for a reasonable period of time, not to exceed thirty days, after physical therapy treatment begins, the physical therapist must refer the patient to a physican for evaluation before further physical therapy treatment. A person registered under this chapter as a physical therapist assistant shall may perform his duties only after the initial examination and evaluation of the patient by a registered physical therapist, with the requirement of periodic reexamination and reevaluation of the patient and his treatment program by such the therapist, at frequent intervals, not less than after every seventh treatment given by the assistant. Any person violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction by a court of competent jurisdiction, shall must be punished as set out provided in Section 40-47-260."
SECTION 4. This act shall take effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. LOCKEMY explained the amendment.
Rep. L. MARTIN objected to the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 341 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION AND VOLUNTARY SETTLEMENTS, SO AS TO PROVIDE THAT A COPY OF THE SETTLEMENT AGREEMENT MUST BE FILED WITH AND APPROVED BY ONLY ONE MEMBER OF THE INDUSTRIAL COMMISSION UNDER CERTAIN CONDITIONS AND BY THREE MEMBERS OF THE INDUSTRIAL COMMISSION UNDER CERTAIN OTHER CONDITIONS.
Rep. L. MARTIN explained the Bill.
H. 3547 -- Reps. Pearce, Altman, Thrailkill, Elliott and Barfield: A BILL TO AMEND SECTION 50-17-1650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF TRAWL NETS IN CERTAIN WATERS ADJACENT TO GAME ZONE NO. 7 AND NO. 9, SO AS TO, AMONG OTHER THINGS, EXTEND THE TIME DURING WHICH TRAWL NETS MAY BE USED IN ANY WATERS OF THE ATLANTIC OCEAN ADJACENT TO GEORGETOWN COUNTY, AND PROVIDE PENALTIES, INCLUDING PROVISIONS FOR SEIZURE, SALE, AND REDEMPTION; AND TO REPEAL SECTIONS 50-17-1680, RELATING TO THE PROVISIONS THAT ONLY A DULY LICENSED PERSON MAY SELL OR DISPOSE OF SHRIMP CAUGHT IN WATERS OFF GAME ZONE NO. 7 AND NO. 9, AND 50-17-1700, RELATING TO PENALTIES FOR VIOLATING SPECIAL PROVISIONS PERTAINING TO GAME ZONE NOS. 7 AND 9.
Rep. PEARCE explained the Bill.
On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 341 be read the third time tomorrow.
On motion of Rep. PEARCE, with unanimous consent, it was ordered that H. 3547 be read the third time tomorrow.
The following Bill was taken up.
S. 407 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, AMOUNT OF WEEKLY COMPENSATION FOR TOTAL DISABILITY UNDER WORKERS' COMPENSATION AND WHAT CONSTITUTES TOTAL AND PERMANENT DISABILITY, SO AS TO CHANGE THE AMOUNT OF THE MINIMUM WEEKLY PAYMENT AND TO PROVIDE FOR THE METHOD OF COMPUTING IT.
Rep. L. MARTIN explained the Bill.
Rep. KLAPMAN moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
S. 907 -- Senators Hayes, Applegate, Land and Long: 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.
Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5752k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Title 39 of the 1976 Code is amended by adding:
Section 39-16-10. As used in this chapter:
(a) 'Artist' means any person who conceived or created:
(1) The master image for a fine print; or
(2) The master image which served as the model for a fine print.
(b) 'Fine print' means a printed image on paper or any other suitable substance which has been taken off a plate by printing, stamping, casting, or any other process commonly used in the graphic arts and includes engraving, etching, woodcut, lithograph, or serigraph.
(c) 'Reproduction' means a copy of an original print made by a commercial mechanical process which does not require the use of a plate.
(d) 'Art merchant' means a person who:
(1) Deals in fine prints to which this article is applicable; or
(2) By his occupation holds himself out as having knowledge or skill peculiar to such works; or
(3) To whom such knowledge or skill may be attributed by his employment of an agent or other intermediary who by his occupation holds himself out as having such knowledge or skill; or
(4) Is a professional auctioneer who sells such works at public auctions.
(e) 'Person' means an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity that does not have the knowledge or skill of an art merchant as described in section 39-16-10 (d).
(f) 'Plate' means a plate, stone, block, or other material used to create a fine print or from which a fine print is taken.
(g) 'Print' means a fine print.
(h) 'Signed print' means a fine print autographed by the artist, whether it was signed or unsigned in the plate.
Section 39-16-20. This chapter does not apply to:
(a) A fine print sold before January 1, 1987.
(b) A fine print offered for sale or sold at retail or wholesale for:
(1) One hundred dollars or less if unframed; or
(2) One hundred fifty dollars or less if framed.
(c) A migratory waterfowl stamp print issued under the auspices of the South Carolina Migratory Waterfowl Committee.
Section 39-16-30. (a) An art merchant or person may not knowingly publish or distribute any catalog, prospectus, or circular which offers for sale a fine print unless it clearly and conspicuously discloses all information required by Section 39-16-40.
(b) An art merchant or person may not knowingly sell at retail or wholesale any fine print unless a written invoice, receipt for the purchase price, or certificate furnished to the purchaser clearly and conspicuously discloses all information required by Section 39-16-40.
(c) If a print is described as a 'reproduction', the information required by Section 39-16-40 is not required to be disclosed unless the print allegedly was published in a limited edition, an edition of numbered or signed prints or any combination of them.
Section 39-16-40.(a) An art merchant or person who sells or offers to sell a fine print shall disclose the following information:
(1) The year the plate was created.
(2) The year when printed and the name of the artist.
(3) The process used to create the print.
(4) Whether the print is a part of a limited edition, and if it is:
(i) The authorized maximum number of numbered or signed prints, or both, in the edition.
(ii) The authorized maximum number of unnumbered or unsigned prints, or both, in the edition.
(iii) Any authorized maximum number of artist's, publisher's, printer's, or other proofs, exclusive of trial proofs, outside the regular edition.
(iv) The total size of the edition.
(5) Whether the plate has been destroyed, effaced, altered, defaced, or cancelled after the current edition.
(6) If there were any prior plates of the same master image, the total number of plates and a designation of the plate from which the print was taken.
(7) If there were any prior or later editions from the same plate, the series number of the edition of which the print is a part, and the aggregate size of all other editions.
(8) If the print was reproduced as a book illustration, or in a magazine article.
(9) Whether the edition is a posthumous edition or restrike and, if it is, whether the plate has been reworked.
(10) The name of any workshop where the edition was printed.
(11) Whether the print has been printed on acid free paper.
(b) If the art merchant lacks knowledge as to any information required to be disclosed by this section, he shall disclaim that knowledge specifically with regard to each of these items of information so that the purchaser is able to judge the degree of uniqueness or scarcity of each print.
(c) If the person lacks knowledge as to any information required to be disclosed by this section, he shall disclaim that knowledge specifically with regard to the overall authenticity of each print.
Section 39-16-50.(a) An art merchant or person who sells a fine print in violation of this chapter is liable to the purchaser, on tender by the purchaser of the print, for its purchase price, with interest, at the legal rate, from the date of payment of the purchase price.
(b) An art merchant or person who sells a fine print in wilful violation of this chapter is liable to the purchaser, on tender by the purchaser of the print, for an amount equal to three times the sum of the purchase price and interest, at the legal rate, from the date of payment of the purchase price.
SECTION 2. This act shall take effect September 1, 1986.
Rep. J.H. BURRISS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J.H. BURRISS, with unanimous consent, it was ordered that S. 907 be read the third time tomorrow.
The following Bill was taken up.
H. 3718 -- Reps. Snow, Waldrop, Foxworth, Rhoad, Bennett, Koon, Thrailkill, K. Bailey, Barfield, Beasley, G. Brown, R. Brown, Pearce, Mitchell, Rice, McKay, Gilbert, McEachin, H. Brown, Elliott, Carnell and McAbee: A BILL TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD AND TO PROVIDE PENALTIES.
Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 3719R), which was adopted.
Amend the bill, as and if amended, by adding after item (3):
/(4) "Barbeque - Part of, but not whole hog - Cooked with wood"./
Renumber items to conform.
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
Reps. J. ARTHUR and KLAPMAN objected to the Bill.
Rep. SNOW explained the Bill.
Rep. J. ARTHUR withdrew his objection.
Reps. McLELLAN and J.H. BURRISS objected to the Bill.
The following Joint Resolution was taken up.
H. 3766 -- Rep. Snow: A JOINT RESOLUTION TO REQUIRE THE PAYMENT OF THE ENTIRE AMOUNT OF CLAIMS FILED PRIOR TO MAY 31, 1986, UNDER SECTION 46-41-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, INSTEAD OF THE PAYMENT OF THE PERCENTAGES OF CLAIMS PROVIDED IN SECTION 46-41-230.
Rep. SNOW explained the Joint Resolution.
Rep. GORDON spoke against the Joint Resolution.
Reps. GORDON and KLAPMAN objected to the Joint Resolution.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Joint Resolution.
On motion of Rep. W. ARTHUR, with unanimous consent, the following was taken up for immediate consideration:
H. 3834 -- Reps. W. Arthur, Beasley, Neilson and Gilbert: A HOUSE RESOLUTION TO INVITE THE MEMBERS OF THE HARTSVILLE HIGH SCHOOL GIRLS' STATE AAAA BASKETBALL CHAMPIONSHIP TEAM AND THEIR COACH, TO APPEAR BEFORE THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 24, 1986, AT TWELVE NOON.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, invite the members of the Hartsville High School Girls' State AAAA Basketball Championship Team and their coach, to appear before the House of Representatives on Thursday, April 24, 1986, at twelve noon.
Be it further resolved that a copy of this resolution be forwarded to the Principal of Hartsville High School and the Coach.
The Resolution was adopted.
The following Bill was taken up.
H. 3671 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450, 50-9-460, 50-9-470, 50-9-500, ALL AS AMENDED, AND SECTIONS 50-9-15, 50-9-135, 50-9-140, AND 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING AND FISHING LICENSES, GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145, 50-9-455, AND ARTICLE 8 TO CHAPTER 11 OF TITLE 50, SO AS TO PROVIDE PENALTIES FOR ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS ON THEM.
Rep. SNOW proposed the following Amendment No. 3 which was adopted.
Amend as and if amended Section 50-9-150 by striking "purchase" in the fourth sentence in the first paragraph.
Amend title to conform.
Rep. SNOW explained the amendment.
Rep. BEASLEY asked unanimous consent to amend the amendment at the desk, which was agreed to.
Rep. GORDON spoke against the amendment.
Rep. HOLT asked unanimous consent that the time of the speaker be extended five minutes, which was agreed to.
Rep. GORDON continued speaking and moved to table the amendment which was not agreed to by a division vote of 14 to 45.
The question then recurred to the adoption of the amendment which was agreed to.
Rep. GORDON moved to table the Bill.
Rep. PEARCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Boan Brown, J. Burriss, M.D. Cleveland Derrick Faber Gilbert Gordon Kirsh Koon Lake Mangum McAbee McEachin McKay Moss Nettles Ogburn Phillips, O. Simpson Thrailkill
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, J. Aydlette Bailey, G. Bailey, K. Bennett Blanding Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, T.M. Chamblee Cooper Cork Dangerfield Davenport Edwards Elliott Evatt Fair Felder Ferguson Foxworth Freeman Harris, J. Harris, P. Harvin Hayes Hearn Hendricks, B. Huff Johnson, J.C. Kay Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McBride McTeer Neilson Pearce Petty Phillips, L. Rawl Rhoad Rice Rogers, J. Rogers, T. Sheheen Snow Toal Townsend Tucker Waldrop Washington White Wilkins Williams
So the House refused to table the Bill.
Rep. GORDON moved to commit the Bill to the Committee on Ways and Means.
Rep. PEARCE moved to table the motion which was agreed to.
Rep. McABEE proposed the following Amendment No. 4 (Doc. No. 3344R), which was adopted.
Amend the bill, as and if amended, page 3, subsection (2) as contained in Section 50-9-120 by striking it and inserting:
/(2) For the privilege of hunting only in the county of which the hunter is a resident, a county license shall must be issued upon payment of a fee of three five dollars and fifty cents, of which amount fifty cents one dollar shall may be retained by the issuing agent. No holder of a county license only shall may hunt in any county of which he is not a resident."/
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. McEACHIN spoke against the amendment and moved to table the amendment which was not agreed to by a division vote of 27 to 40.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 6 (Doc. No. 3334R).
Amend the bill, as and if amended, page 4, Section 50-9-135 as contained in SECTION 5, by striking subsection (1) in its entirety and striking on line 13 /(2)/.
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Reps. HOLT and PEARCE spoke against the amendment.
Rep. GORDON raised the Point of Order that H. 3671 appropriated money, and therefore must be referred to the Committee on Ways and Means, in accordance with Rule 4.4.
The SPEAKER PRO TEMPORE stated that the Rule provided that once a Bill has been set for Special Order, it may not be sent to Committee on a Point of Order, and he overruled the Point.
Rep. PEARCE continued speaking.
Rep. McABEE spoke upon the amendment.
Rep. LEWIS moved to adjourn debate upon the amendment, which was adopted.
Rep. McABEE proposed the following Amendment No. 8 (Doc. No. 3373R), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION __. Item (2) of Section 50-11-470 of the 1976 Code, as last amended by Act 485 of 1976, is further amended to read:
"(2) There shall be no The open season for the hunting of antlered deer, except as provided for in Sections 50-11-650 and 50-11-660 is from September first through January first of each year."
SECTION __. Item (2) of Section 50-11-530 of the 1976 Code, as last amended by Act 485 of 1976, is further amended to read:
"(2) There shall be no The open season for the hunting of antlered deer, except as provided for in Section 50-11-650 and 50-11-660 is from September first through January first of each year."
SECTION __. Section 50-11-610, as last amended by Act 183 of 1985, is further amended by adding at the end:
"(7) The open season for the hunting of antlered deer is from September first through January first of each year."
SECTION __. Sections 50-11-650, 50-11-660, and 50-11-670 of the 1976 Code are repealed./
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. PEARCE raised the Point of Order that Amendment No. 8 to H.3671 was out of order as it was not germane to the Bill.
The SPEAKER PRO TEMPORE stated the amendment did not meet the "main thrust" test, sustained the Point of Order and ruled the amendment out of order.
Reps. P. HARRIS, THRAILKILL, TUCKER, MANGUM and CARNELL proposed the following Amendment No. 9 (Doc. No. 3556R), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section ____. Notwithstanding the increases in the fees for existing hunting and fishing licenses or permits imposed by this act, any person who has been a resident of this State for at least one year and who has attained the age of sixty-five may continue to obtain existing hunting or fishing licenses or permits without cost in the manner provided by law, and is further authorized to obtain without cost any new licenses or permits established by this act./
Renumber sections to conform.
Amend title to conform.
Rep. P. HARRIS explained the amendment.
The amendment was then adopted.
Reps. BEASLEY, J. ROGERS and McLEOD proposed the following Amendment No. 10, which was tabled.
Amend as and if amended by striking in its entirety all of paragraph numbered "(3)" on p. 3 of Section 4.
Amend title to conform.
Rep. BEASLEY explained the amendment.
Rep. KIRSH moved that upon the conclusion of the Joint Assembly, the House recede until 2:30 P.M.
Rep. HAWKINS moved that upon the completion of the Joint Assembly, the House stand adjourned in memory of the late Honorable Hudson L. Barksdale, which was adopted.
Rep. PEARCE moved to table the amendment which was agreed to by a division vote of 45 to 24.
Rep. HEARN moved to reconsider the vote whereby H. 3829 was adopted.
Rep. TOAL raised the Point of Order that Rep. Hearn's motion was out of order as the time for the Joint Assembly had arrived and the House was no longer in session.
The SPEAKER PRO TEMPORE stated the motion would be noted.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of amendments.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3577 -- Reps. Stoddard, McAbee, Foxworth and D. Martin: A CONCURRENT RESOLUTION TO FIX 12:00 O'CLOCK NOON ON WEDNESDAY, APRIL 16, 1986, AS THE TIME FOR ELECTING MEMBERS OF THE BOARDS OF TRUSTEES FOR THE UNIVERSITY OF SOUTH CAROLINA, CLEMSON UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, WINTHROP COLLEGE, AND SOUTH CAROLINA STATE COLLEGE AND A MEMBER OF THE BOARD OF VISITORS FOR THE CITADEL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE JUNE 30, 1986.
The President announced that nominations were in order for a member of the Board of Trustees for the University of South Carolina, Fifth Judicial Circuit.
Rep. GRIFFIN nominated William C. Hubbard of Columbia as follows:
"Mr. Lieutenant Governor, members of the Joint Assembly, it is a pleasure for me to stand here today and, more importantly, an honor, to nominate my good friend, William Coleman Hubbard, to the Board of Trustees of the University of South Carolina from the Fifth Judicial Circuit. I would like to take this opportunity to thank the members of the Richland and Kershaw County Delegations for allowing me to make this nomination. William and I have been friends since we were freshmen in Law School, and this is probably the last nomination speech I will make from this podium since I am not seeking re-election. William is 34 years old and is the son of Mr. and Mrs. Mason H. Hubbard, and a graduate of the Public Schools in Florence, South Carolina. He is married to the former Katharine McNulty of Columbia and has two daughters. I am particularly honored to make this nomination because of William's love of the University of South Carolina, his character and his hard work and determination in seeking this position. William has been active at the University since he entered as a freshman in 1970 as a Solomon Blatt Carolina Scholar. He graduated four years later Magna Cum Laude. He was Phi Beta Kappa and also was named to 'Who's Who in American Colleges and Universities' and was a recipient of Carolina's most prestigious award presented annually to the Outstanding Graduate, the Algernon Sydney Sullivan Award. In the fall of 1974, he entered the Law School at U.S.C. and graduated from Law School in 1977.
Since graduation, William has continued to serve Carolina, serving as Chairman of the Board of The New Carolinians of the U.S.C. Alumnae Association and has also served on the Selection Committee for several years for both Alumnae Scholars and Carolina Scholars.
Professionally, after graduating from Law School, he served as Law Clerk for U. S. District Judge Robert Chapman. William then joined the law firm of Nelson, Mullins, Grier and Scarborough in Columbia, South Carolina, where he is a partner. He has held leadership positions in both the Columbia Young Lawyers Association and the South Carolina Bar. He recently was elected Secretary of the American Bar Association Young Lawyers Division and will assume the position of Chairman of that division next year. This division is comprised of approximately 150,000 members, and this is certainly an honor, not only for William, but for the State of South Carolina as well. We, in the Legislature, often read impressive resumes, but we rarely see a person with the character and determination of William Hubbard. In my 10 years of service in the Legislature, I have not seen anyone work harder for the opportunity to serve this State and its University. I commend William's wife, "Kappy", for her patience and support of his efforts.
I know that he will apply that same determination and hard work to his duties as a Board Member and will make this State and the University of South Carolina better because of his service.
William told me when we were in law school that one of his dreams and goals in life was to become a member of the Board of Trustees of U.S.C. I am proud today that his dream will become a reality.
William Hubbard and his family thank each of you for the courtesies extended to him over the last three years, and we both thank you for your vote and support."
Rep. FELDER; Rep. McEACHIN, on behalf of the Florence County Delegation; Rep. J.W. JOHNSON, on behalf of the Laurens County Delegation; Rep. TOAL, on behalf of the Richland County Delegation; Rep. WILKINS, on behalf of the Greenville Delegation; Rep. RUSSELL, on behalf of the Spartanburg Delegation; Rep. HARVIN seconded the nomination of Mr. Hubbard.
On motion of Senator Tom Smith, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Mr. Hubbard was duly elected for the term prescribed by law.
Senator SHEALY moved that the candidates for the uncontested races be elected by acclamation.
Rep. L. PHILLIPS objected.
Rep. WINSTEAD moved that the candidates in the uncontested races for the 1st, 3rd, 7th, 9th, 11th, 12th, and 13th Judicial Circuits be elected by acclamation, which was agreed to.
Rep. HARVIN seconded the nomination of Samuel B. Benson.
Whereupon the President announced that Othniel H. Wienges, Jr., 1st Circuit, Samuel B. Benson, 3rd Circuit, Louis C. Sossamon, 7th Circuit, R. Markley Dennis, Sr., 9th Circuit, Michael J. Mungo, 11th Circuit, Dr. C. Edward Floyd, 12th Circuit, and Paul S. Goldsmith, 13th Circuit, were duly elected for the term prescribed by law.
Were nominations allowed to be made from the floor of the Joint Assembly I would have very proudly nominated Othniel H. Wienges, Jr., from the First Circuit.
Rep. JOHN G. FELDER
House District No. 93
The President announced that nominations were in order for members of the Board of Trustees for Clemson Unviersity.
Rep. WALDROP nominated Bill L. Amick of Batesburg as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly, and ladies and gentlemen in the gallery, I have a task that gives me great pleasure and satisfaction. I am about to place in nomination for the Clemson University Board of Trustees, the name of a man who is, and has been for many years, a close personal friend.
But more important than that, for the purposes of this election, the man I am about to nominate has always been a great friend to Clemson. He has a dedication to public service that goes bone-deep, because he inherited that trait from his father before him, who has a memorial scholarship in his name at Clemson--a scholarship that his son has continued over the years.
The man I am about to nominate is a farmer, in fact the only active farmer on the Clemson Board. And he brings with him to his post as Trustee a true agricultural perspective that has always been close to the heart of Clemson University and to our State, where agriculture is still big business.
The man I am about to nominate is, of course, a graduate of Clemson, a devoted father and family man. He has succeeded in his poultry farm operation in a way that shows sound business judgment and good old common sense. And most important of all, he is a man of his word, with a sense of honor and integrity as real and true as the earth of Saluda County where he was born and raised.
The man I am about to nominate is currently a member of the Clemson Board of Trustees, where he has served with distinction since his election three years ago to fill an unexpired term. Today he chairs the important standing committee - the Educational Policy Committee - on Clemson's board. Now, I am pleased to say, he has offered himself as a candidate for re-election to a complete term of his own.
Ladies and gentlemen, I am happy to place in nomination, the name of a good friend, a man whose record of service to Clemson and to the State of South Carolina gives him outstanding qualifications to serve on the Clemson University Board of Trustees. I place in nomination Mr. Bill Amick of Saluda County."
Rep. HARVIN, Rep. FELDER, Senator Pope and Rep. KLAPMAN seconded the nomination of Mr. Amick.
Rep. Schwartz nominated Dr. John J. Britton of Sumter as follows:
"Mr. Speaker, my colleagues of this Joint Assembly, the State of South Carolina is in good shape and Clemson University is particularly in good shape. I think that four of the outstanding people that I have ever known today are seeking the three seats on the Board of Trustees for Clemson University. It speaks well of the institution itself to have such highly qualified candidates. It is my distinct privilege and honor to place one of these outstanding candidates' name in nomination to succeed himself.
Dr. J. J. Britton is a resident of Sumter, was graduated and educated in the public schools, graduated from Sumter High School in 1954, and immediately entered Clemson University in 1954, receiving a degree in pre-professional studies with honors from Clemson University. While there he served that great institution as president of its student body; he was listed in Who's Who in American Colleges and Universities; and, he was designated an outstanding senior and distinguished military student. He was a member of Pershing Rifles, Executive Sergeants, Scabbard and Blade, Blue Key, Tiger Brotherhood, and the Central Dance Association staff; he was on the staff of Taps yearbook; he was a member of the Numeral Society, which I understand was the predecessor organization to the Sigma Alpha Epsilon Fraternity; he was a cheerleader then, while attending Clemson University, and has been one of its biggest cheerleaders ever since. Upon graduation from Clemson University, he entered the Medical University of South Carolina in Charleston, and received his degree four years later in 1962, as a Doctor of Medicine. He graduated in the upper one-third of his class and served as a class representative on the Honor Council while at the Medical University. His internship was at the University of Miami from 1962-1963, and from 1964-1967 he performed his residency in obstetrics and gynecology at the Naval Hospital in Portsmouth, Virginia.
Upon completion of Clemson University, he had shown the good wisdom of wooing and winning the lovely and gracious Connie Beck, who is with him in the balcony today, and that happy union has been blessed with four wonderful children. Their three daughters, Beth, Babs, and Becky, have each graduated from Clemson University and his son, John, will enter Clemson University this fall. His military service was performed with the 82nd Airborne Division, where he was a Captain in the Medical Corps of the United States Army, and he was on the staff of the U. S. Air Force Regional Hospital at Shaw, where he was a Major, Chief of Hospital Services and Chief of the Obstetrics and Gynecology Services.
He is a physician, having a very large and good practice of obstetrics and gynecology in Sumter and has been extremely active in civic work in Sumter. He is an active and dedicated member of the Episcopal Church of the Holy Comforter in Sumter; he has served many years on the YMCA Board of Directors; he is active in the Sumter Chamber of Commerce, the Sumter County Historical Society, the Sunset Country Club, where he has served on the Board of Governors and as President, and has served as President of the Sumter-Clarendon Medical Society. In 1985, Clemson University designated him as a Distinguished Alumnus, an award that those of you who are affiliated with Clemson University know is a highly coveted and cherished award. He was elected to the Board of Trustees of Clemson University just four years ago, and is completing his first term, which has been served during rather tempestuous times, but he has been a stabilizing influence on that Board of Directors during these trying times, and this has been recognized by his colleagues on the Board who have during his first term, elected him as Vice-Chairman of that Board.
As a member of the Board, he is chairman of the Planning Committee of the Clemson Board, he is on the Educational Policy Committee and by reason of his membership on the Board, and different positions he holds, he represents the Board as a member of the University Planning Board, Chairman of the State Crop Pest Commission, and is a member of the Fertilizer Inspection Board. He served as Vice-Chairman of the Screening Committee which selected their new and outstanding President, Dr. Max Lennon, from over 200 candidates that the committee was charged with the duty of screening. He has served on the Executive Committee for Club Level Giving from the Clemson Board and has been an active and dedicated member.
His hobbies, and I don't see how he has time to pursue hobbies, include tennis, deer hunting, duck hunting and bass fishing. He is one of the outstanding people that I have ever been privileged to call a friend of mine and he is a man who is imbued with a high sense and degree of integrity, ability and dedication. It is my pleasure to place in nomination to succeed himself, the name of Dr. John James (J.J.) Britton."
Rep. HARVIN; Rep. G. BROWN, on behalf of the Lee and Sumter Delegation; seconded the nomination of Dr. Britton.
Rep. TOAL nominated William N. Geiger, Jr. of Columbia as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly, it is a special honor for me this morning to nominate William N. (Bill) Geiger of Columbia for reelection as a member of the Board of Trustees of Clemson University. Bill is a personal friend of mine, a close neighbor and a real leader in our community. He's a graduate of Clemson College in 1957, in architectural engineering. He's a partner in one of the state's largest architectural firms. The educational background he obtained at Clemson is evident in prominent structures all over this state, and one of the very innovative ones in which he was deeply involved is the Richland County Judicial Center here, a real tribute to Clemson's educational foundation for a very fine architect. Bill has done many things to help our community and our state. Among which was his service as Past President of the Clemson Architectural Foundation. During his tenure Clemson was able to set up a program whereby all fifth-year architectural students at Clemson go to Genoa, Italy to study for a semester. He's been a past bank board director, a past Director of the Clarks Hill Authority, a member of the Society of College and University Planners, a South Carolina School Boards Association member, a life member of Sertoma International, Council of Educational Facility Planners. He's truly a leader, he's an innovator, he's a gentleman, and he's a friend to our state. Aristotle once said in his definitions, 'Enthusiasm is the genius of sincerity. Truth accomplishes no victories without it.' I don't know someone in public service to whom that accolade more properly applies than Bill Geiger. So it's with a real sense of pleasure and honor that I place in nomination the name of William N. Geiger to be a Member of the Board of Trustees for Clemson University."
Rep. HARVIN and Rep. T.M. BURRISS seconded the nomination of Mr. Geiger.
Rep. EVATT nominated B. Marion Smith of Columbia as follows:
"Mr. President, Mr. Speaker, members of this General Assembly, today it is my privilege to place in nomination for the Board of Trustees of Clemson University, B. Marion Smith, Jr. of Columbia, South Carolina. Marion is a native of Edgefield and attended public schools there. His former school is called Trenton, which he attended until the eleventh grade, then graduated from Porter Military Academy in 1949. He attended Clemson University and, in 1954, received an agricultural engineering degree. Upon completion of that, he was commissioned as an officer in the United States Army, and served two years as a commissioned officer, part of that overseas. Immediately retiring from the Army and coming back to Edgefield, he was a farmer. He farmed in partnership with his father, and although he only farmed two years, he was named Edgefield's Young Farmer of the Year. But I think in looking at Marion Smith, probably one of the best day's work he ever did was to marry a young lady named Ann Ready. Ann is the daughter of a longtime close friend of mine, now deceased, Judge Ready, who was an outstanding person in the Columbia area. They have three children and two grandchildren.
Leaving farming for the next twenty-eight years, Marion Smith has distinguished himself as an employee with the South Carolina Electric and Gas Company. He started out in 1958 as an agricultural engineer involved in agricultural and industrial development for the next ten years. In 1968, he became the Governmental Affairs Director, then General Manager and Vice-President. He served in this capacity until 1980, and had a close working relationship with this body, county and city officials and other governmental affairs. Many of you know him personally. In 1980 he became Vice-President for Marketing and Public Affairs, and in 1985 he became the Senior Vice-President for Corporate Industrial Development for South Carolina Electric and Gas.
You know, when you look at people who are qualified for Boards of Trustees, you look at their abilities. Marion Smith has organizational and administrative abilities, business and governmental background, experience also as a farmer and an Army officer and a registered engineer. He's always been active in the community, serving in various capacities. Any time you look at a fund drive, or anything important in the community, Marion Smith was involved. I asked Marion why he wanted to serve, and when he first had the desire. He's had the desire for some ten to twelve years, but did not seek that position at that particular time for fear of a conflict of interest with himself, his company and this body and did not want to embarass any of them. And so he's waited until this time to seek this particular office. When you look at someone for Board of Trustees, I think of several qualities. I look at maturity, moral fiber, integrity, intelligence and ability. I say that B. Marion Smith, Jr., possesses these qualities. It's my pleasure and privilege to present my close personal friend for nomination for the Board of Trustees for Clemson University, Marion Smith."
Rep. FELDER, Rep. KLAPMAN and Rep. J. BRADLEY, seconded the nomination of Mr. Smith.
On motion of Rep. TOAL nominations were closed.
Rep. GORDON asked unanimous consent that the House be allowed to vote by electric roll call.
Rep. CARNELL objected.
The President appointed as tellers on the part of the Senate: Senators Lourie, Pope, Leventis and Giese.
The SPEAKER appointed as tellers on the part of the House: Reps. WALDROP, TOAL, EVATT and BLANDING.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Amick.
Branton Courson Dennis Fielding Garrison Giese Hayes Hinson Holland Land Lee Leventis Lindsay Long Lourie Martin Matthews McConnell McLeod Mitchell Moore Patterson, E.J. Patterson, K. Peeler Pope Powell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Theodore Waddell Williams Wilson
The following named Senators voted for Dr. Britton.
Applegate Branton Bryan Doar Drummond Garrison Hayes Land Lee Leventis Long Macaulay McConnell McGill McLeod Patterson, E.J. Patterson, K. Saleeby Shealy Smith, J.V. Smith, N.W. Smith, T.E., Jr. Theodore Thomas Waddell Williams Wilson
The following named Senators voted for Mr. Geiger.
Applegate Branton Bryan Courson Dennis Doar Drummond Fielding Giese Hayes Hinson Holland Lee Leventis Lindsay Lourie Macaulay Martin Matthews McGill McLeod Mitchell Moore Patterson, E.J. Patterson, K. Peeler Pope Powell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E., Jr. Theodore Thomas Waddell Wilson
The following named Senators voted for Mr. Smith.
Applegate Bryan Courson Dennis Doar Drummond Fielding Garrison Giese Hinson Holland Land Lindsay Long Lourie Macaulay Martin Matthews McConnell McGill Mitchell Moore Peeler Pope Powell Ravenel Setzler Smith, H.C. Smith, N.W. Smith, T.E., Jr. Thomas Williams
The Clerk of the House called the roll of the House and the Members voted viva voce as their names were called.
The following named Representatives voted for Mr. Amick.
Schwartz Alexander Altman Anderson, J. Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blanding Blatt Boan Bradley, P. 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 Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gregory Griffin Harris, P. Harvin Hawkins Helmly Holt Huff Johnson, J.C. Johnson, J.W. Jones Kirsh Klapman Kohn Koon Lake Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Ogburn Pearce Petty Phillips, L. Rawl Rhoad Rice Rigdon Rogers, J. Russell Sheheen Shelton Short Simpson Snow Sturkie Taylor Thrailkill Toal Townsend Waldrop Washington Wilkins Williams Winstead Woodruff
The following named Representatives voted for Dr. Britton.
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Bailey, G. Barfield Bennett Blackwell Blanding Boan Bradley, J. Brett Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Fair Felder Foster Foxworth Freeman Gentry Gilbert Gordon Griffin Harris, J. Harvin Hayes Hearn Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Kohn Lake Lewis Lockemy Mangum Martin, L. Mattos McEachin McLellan McTeer Neilson Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Sheheen Simpson Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker White Wilkins Williams
The following named Representatives voted for Mr. Geiger.
Schwartz Alexander Altman Anderson, S. Arthur, J. Arthur, W. Aydlette Bailey, K. Barfield Beasley Bennett Blanding Blatt Bradley, J. Bradley, P. Brown, G. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cork Dangerfield Edwards Elliott Evatt Faber Fair Ferguson Foster Freeman Gordon Gregory Griffin Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Johnson, J.W. Jones Kay Keyserling Klapman Kohn Koon Lake Lewis Limehouse Mangum Martin, D. Martin, L. Mattos McAbee McBride McKay McLellan McLeod Mitchell Moss Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rigdon Rogers, J. Rogers, T. Russell Shelton Short Snow Stoddard Toal Townsend Tucker Waldrop Washington White Wilkins Winstead Woodruff
The following named Representatives voted for Mr. Smith.
Anderson, J. Anderson, S. Aydlette Bailey, G. Bailey, K. Beasley Blatt Boan Bradley, J. Bradley, P. Brett Brown, H. Brown, J. Brown, R. Burriss, J.H. Carnell Chamblee Cooper Davenport Day Derrick Edwards Elliott Evatt Faber Felder Ferguson Foxworth Freeman Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Hendricks, B. Holt Huff Jones Kay Keyserling Kirsh Klapman Koon Limehouse Lockemy Mangum Martin, D. McAbee McBride McEachin McKay McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Phillips, O. Rawl Rigdon Rogers, J. Rogers, T. Russell Sheheen Shelton Short Simpson Stoddard Sturkie Taylor Thrailkill Toal Tucker Waldrop Washington White Williams Winstead Woodruff
Total Number of Senators voting 45
Total Number of Representatives voting 120
Grand Total l65
Necessary to a choice 83
Of which Mr. Amick received 136
Of which Dr. Britton received 107
Of which Mr. Geiger received 130
Of which Mr. Smith received 117
Whereupon the President announced that Bill L. Amick, William N. Geiger, Jr. and B. Marion Smith having received a majority of the votes cast were duly elected for the term prescribed by law.
The President announced that nominations were in order for members of the Board of Trustees for the Medical University of South Carolina.
Rep. Stoddard moved that the uncontested candidates in health-related 1st, 2nd, and 3rd Congressional Districts be elected by acclamation, which was agreed to.
Whereupon the President announced that Dr. Harrison L. Peeples of the 1st District, Dr. Thomas C. Rowland, Jr., 2nd District; and Dr. Stanley C. Baker, Jr., 3rd District were duly elected for the term prescribed by law.
Senator J. MARTIN withdrew Walter B. Brown as a candidate for the 5th Congressional District, non-health related.
Senator LINDSAY nominated Robert C. Lake, Jr., for the 5th Congressional District, non-health related as follows:
"Mr. President and members of the Joint Assembly, a very distinguished South Carolinian, having just learned of Walter Brown's decision, requested that I place in nomination for the Medical College his name. He has been a candidate for another position, that is on the Board at Winthrop, but in view of the vacancy created by Walter Brown's decision, former Senator Robert Lake, whom all of you know and who had an overwhelming pledge of support from you to be elected to the Board of Winthrop, has asked that he be withdrawn from the Winthrop race, and that this General Assembly consider electing him to the Medical Board. I don't have to say a lot about former Senator Lake. He's an outstanding South Carolinian, and he served with distinction in this General Assembly. All of you know him, and without further adieu, Mr. President and members of the Joint Assembly, I place in nomination for the Board at the Medical College, former Senator Robert Lake of Newberry."
Rep. L. PHILLIPS nominated Herbert C. Granger for the 4th Congressional District, non-health related as follows:
"Mr. President, Mr. Speaker, my colleagues of the General Assembly, it is a great honor for me to have the privilege of nominating my true friend, Herbert C. Granger, to a position as a member of the Board of Trustees of the Medical University of South Carolina. This is especially meaningful to me, because Mr. Granger is honest, sincere, and capable. Having served more than a quarter-century as an elected representative in this House, he has always been sensitive and compassionate to people's needs. I am sure that he will make us proud of the service he will render. More importantly, he will provide keen insight and intelligent decisionmaking to this Board. He is steady, dependable and trustworthy.
It is my sincere belief that we will do an honorable and worthwhile service to this state by his election. With genuine pride - and trust - I nominate Herbert C. Granger to the Board of Trustees of the Medical University of South Carolina."
Rep. HARVIN seconded the nomination of Herbert C. Granger and Phillip D. Sasser.
On motion of Senator LINDSAY nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Herbert C. Granger, 4th District, Robert C. Lake, Jr., 5th District and Phillip D. Sasser, 6th District were duly elected for the term prescribed by law.
The President announced that nominations were in order for members of the Board of Trustees for Winthrop College.
Rep. NETTLES nominated Mary Sue McElveen as follows:
"Mr. President, Mr. Speaker, ladies and gentlemen of the 106th General Assembly: I rise before you today to nominate Mary Sue McElveen of Lake City for reelection to the Winthrop College Board of Trustees. I am genuinely pleased to take this part in the reelection of Mrs. McElveen because she is my neighbor and my friend. This is also, however, a very real honor for me because Mrs. McElveen is uniquely qualified for reelection to the position which she has held now for sixteen years.
Mary Sue McElveen has a long history of involvement in and dedication to Winthrop College. She is a Winthrop graduate and is the first alumna ever elected to the Honorary Academic Fraternity, Phi Kappa Phi. She served as President of the Winthrop College Alumni Association from 1966 to 1969. She was first elected the Board of Trustees by the Alumni Association in 1970. At the expiration of that term, she was elected by the General Assembly to her second term, thus becoming the first trustee ever to be elected by both the Alumni Association and the General Assembly.
First is a word that characterizes many of the accomplishments of Mrs. McElveen. She is currently serving her fourth term and last year was chosen by her colleagues to serve as Chairman of the Board of Trustees. She therefore became the first Winthrop College graduate ever to serve in this position. She is also the first female Chairman of the Board. Her service as a trustee and as Chairman has been nothing less than exceptional.
Her activities extend beyond Winthrop College. She is a director and a past Chairman of the Lake City Board of Citizens and Southern National Bank. She is active in her church and was instrumental in the establishment of not one, but two Presbyterian churches. Her devotion to humanity and to Winthrop College was recognized in 1983 when she received the Mary Mildred Sullivan award, the highest award which can be bestowed upon a Winthrop graduate.
My colleagues, I submit to you that there is no one more experienced or more capable than Mary Sue McElveen to serve on the Winthrop Board of Trustees. Perhaps more importantly, however, there is no one more dedicated or devoted to Winthrop College than Mary Sue McElveen. I, therefore, respectfully place her name in nomination."
Rep. HARVIN seconded the nomination of Mrs. McElveen.
Rep. SHEHEEN nominated Palmer Freeman, Jr. as follows:
"Mr. President, Mr. Speaker, ladies and gentlemen of the Joint Assembly, I rise to place in nomination the name of Palmer Freeman, Jr., for the Winthrop College Board of Trustees, and I do that enthusiastically, but with a note of sadness, because it recognizes to this Joint Assembly and to the House that he has chosen not to run for reelection and he will no longer avail this General Assembly of his service and his hard work and his dedication. There are many things I could tell you about Palmer as a personal friend. I'm sure you choose not to hear them, and he might prefer that I not tell them to you. There are many things I could tell you about Palmer as a legislator, but you have observed those first hand. I will tell you that he is a good man, he is a dedicated public servant, and Winthrop College will have a gain where the General Assembly will have a loss. I place in nomination the name of Palmer Freeman, Jr."
Rep. HARVIN; Rep. HAYES, on behalf of the York County Delegation, seconded the nomination of Mr. Freeman.
Rep. T.M. BURRISS withdrew E.S. Gene Gatlin as a candidate.
On motion of Rep. WINSTEAD, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Mrs. Mary Sue McElveen and Mr. Palmer Freeman, Jr. were duly elected for the term prescribed by law.
Mr. SPEAKER:
In light of the circumstance evolving around the seat on the Board of Trustees of the Medical University of S.C., 5th District, I wish to go on record as voting against Mr. Robert C. Lake, Jr. I am voting against him not because I have anything against him, but because I feel that the seat should have been declared vacant and the nominations opened back up to the public of the 5th Congressional District and an election held at a later date. I think the same applies with the race for a seat on the Winthrop College Board and the election of Rep. Palmer Freeman.
I feel that the public already regards us in a bad enough light without doing what we did today. While I realize that nominations from the floor are perfectly legal, I wonder how the general public will perceive it and us. I sincerely wish this assembly had gone back through the entire process and at least let some others run if they had wished to.
Sincerely,
Rep. DERWOOD L. AYDLETTE, JR.
The President announced that nominations were in order for members of the Board of Trustees for South Carolina State College.
Rep. FERGUSON nominated Jacqueline C. Gilmore as follows:
"Mr. President, Mr. Speaker, members of this Joint Assembly, it is a distinct pleasure for me to place into nomination for the Board of Trustees for reelection, Ms. Jacqueline Coleman Gilmore. Ms. Coleman is married to the Honorable Tyrone Gilmore, Chairman of the South Carolina State Elections Commission. She is the mother of two children, Tyrone, Jr., who is a freshman and athlete at South Carolina State College and also the mother of Tracy Gilmore, who is an eighth grader in the public school system in Spartanburg. Ms. Gilmore is an incumbent on the S.C. State Board of Trustees, having served there for six years. She is a former classroom teacher in the public schools in Spartanburg County. She served on the administrative staff at Wofford College for four years. She is an assistant principal at Whitlock Junior High School in Spartanburg County, and I might add, has distinguished herself tremendously in that position. She is a member in good standing of the Alpha Kappa Alpha Sorority. She's Vice-Chairperson of the National Education Association. Ms. Gilmore further serves on the Board of Directors for the South Carolina Education Association. She has received numerous awards in her capacity as an educator, particularly having received the award as Teacher of the Year on an occasion. She was a designated executive for the J.W. Woodward Secretarial Association. Ms. Gilmore is a member of the League of Women Voters, and she is also a very distinguished member of the First A.M.E. Church in Spartanburg County.
I feel it a fair statement to make that Ms. Gilmore has distinguished herself in the field of education, not only in Spartanburg County, but throughout this state. I feel also that she has had a very distinguished career, serving as an incumbent and as a Trustee on the Board for South Carolina State College. Those things having been said, I place into nomination the name of Ms. Jacqueline Coleman Gilmore."
Rep. S. ANDERSON seconded the nomination of Mrs. Gilmore.
Rep. T. ROGERS nominated Barry Naylor as follows:
"Mr. President, Mr. Speaker, ladies and gentlemen, it is with a great deal of pleasure and a sense of honor that I now place in nomination for membership on the South Carolina State College Board of Trustees the name of a constituent and a good friend of mine, Mr. Barry Naylor. Barry is a native of and grew up in Salley, South Carolina, and graduated there from the public schools. He attended South Carolina State College and received a Bachelor of Science degree in professional mathematics and a minor in computer science in 1974. He graduated from the University of South Carolina Law School, with a degree of Juris Doctor in 1982, and has been a practicing attorney in the city of Columbia since that time, being associated with the Honorable E.W. Cromartie, who, of course, is well known to many of you as a member of the Columbia City Council. He has served as Vice-President and as President of the Greater Columbia Area chapter of the South Carolina State College Alumni Association, and for the past two years, has been President of the National Alumni Association for State College. He previously served as a member of the Board of Trustees for South Carolina State College for the period of one year, when he was president of the student body during his senior year there in 1973 and 1974. As a result of that, he has had an opportunity to serve with many of the current sitting members of the Board, and has demonstrated an ability to work very harmoniously with them in behalf of the greater good of State College. He was named a member of Who's Who among American Colleges and Universities, and as an Outstanding Young Man of America. He has been an active member of the Board of Deacons of Sardis Missionary Church since 1978 here in Columbia. He is married to the former Yvonne Singleton of Edgefield and they are the proud parents of one daughter and one son. With his distinguished career in the law, and with his familiarity and his leadership positions in the past in regard to South Carolina State College, it is our feeling on the Richland Delegation that Mr. Naylor will do an outstanding job. We urge your support for him. I'm proud to place in nomination at this time the name of Mr. Barry Naylor."
Reps. HARVIN and TOAL seconded the nomination of Mr. Naylor.
Senator Matthews withdrew James Ulmer, III as a candidate.
Senator Drummond withdrew Lathan E. Turner as a candidate.
Rep. FELDER nominated Charles H. Williams as follows:
"Thank you, Mr. President. Mr. President, Mr. Speaker and members of the Joint Assembly, it is a pleasure to rise today and a distinct honor to place into nomination a young man who has distinguished himself not only in the practice of law in Orangeburg County, but throughout the state of South Carolina. He is a person who you will recognize, when I tell you his name, because he is a person who is a member of the first family of Orangeburg County politics, you might say. Senator Marshall Williams and Margaret Williams have a very fine family, and they number in that family, their son, Charles Williams, who I am rising to nominate today. Charles practices law with his father, and he practices with his wife, Karen, as well. They are indeed and in fact a family at work and at play.
I'm going to tell you a few things about Charles. Personally speaking, I know him as a friend. He is dynamic; he is truly an advocate in the sense of the word in his personal relationships, as well as professional. He has great integrity; he is honest; and, he is dedicated to his church, to his community, and to his wife and his children. Charles, professionally, has cut a path in the eleven years that he has been practicing law since he graduated from the University of South Carolina Law School second to none. He is a young lawyer who has become an experienced professional, and his record in his law office - I can tell you because I practice in the same circuit - has no peer. He graduated from the University of South Carolina in 1972, where he was an honor student. He attained honors in Economics and in Business Administration, being recognized as members of both of their honor societies. There, as I said, he went to law school, and then returned home where he has practiced law.
Charles is a person who will bring to a Board of Trustees certain talents. I have mentioned several already that are outstanding. But he will bring a great compassion and understanding that we of the Orangeburg County Delegation know that we need in our institution there at South Carolina State College. The President who has served us with such great distinction there, President Nance, is retiring, and it will be a new era of sorts for South Carolina State College. It will be a time when they will need ideas that go beyond the ordinary. It will be a time when they need vision beyond those who cannot see past the everyday things. Charles will bring that; he will bring a sense of the community to that Board, a sense of understanding in the community, of fairness, fair treatment and he will be equitable in all sense to all people. I did not rise today on my own to tell you that I am placing him in nomination just because he lives in my district, or because he is a fellow attorney, or that he is a personal friend. I rise on behalf of the entire Orangeburg Delegation, to a man, to place in nomination this fine young man who will provide leadership that is needed at this time in our institution in Orangeburg County that we all hold so dear, South Carolina State College. It is with great pride that I place in nomination Charles Williams to serve on the Board at South Carolina State College."
Rep. HARVIN seconded the nomination of Mr. Williams.
Rep. HELMLY nominated Henry W. Brevard as follows:
"Mr. President, ladies and gentlemen of the House, I'm going to be very brief with my nomination. However, I don't want that briefness to in any way reflect on the enthusiasm that I and the members of the Berkeley County delegation and many friends around the state of the person I'm going to place in nomination. You need only to ask people who are involved in education at any level about Henry Brevard, and you'll find that he's an exciting, rather unassuming, quiet person, but a very deliberate person that goes about doing his job and doing it well. At every level of Henry's life, he's expressed that kind of enthusiasm for what he does. To this extent he is giving up a position that I hate to see him give up, and that is on the Town Council of Moncks Corner, where he served as Mayor Pro Tem, in order to go to the school he loves and serve on its board, if elected. Henry is a graduate, as is his wife, from South Carolina State College. He received his bachelor's degree there in physical education. He is now finishing his doctorate degree there, which gives him the full line of education from that university that he loves so much. Henry is married, has two children, and exemplifies the tremendous person in family life. He is active in civic and youth activities in South Carolina, which exemplifies his interest in young people. And now Henry aspires to serve on the board of that institution which he loves so much. Henry has received many honors around South Carolina. Henry served on the select committee helping us with the EIA, and has done an outstanding job, I understand, on that committee. I could go on and name many honors that Henry has had, but most of you have had a chance to meet him the last few weeks, and I think just meeting him alone he radiates with excitement and dedication. Mr. President, members of the House, I take a great deal of pleasure and pride on behalf of the entire Berkeley Delegation and myself in placing the name of Henry Brevard for Trustee of State College."
Rep. HARVIN; Rep. H. BROWN, on behalf of the Berkeley County Delegation, seconded the nomination of Mr. Brevard.
Senator Wilson nominated Dr. James A. Paschal as follows:
"Mr. President and fellow members of the General Assembly, it's an honor for me to place in nomination the name of Dr. James A. Paschal. Dr. Paschal is an experienced educator, a person who desires to serve South Carolina State College. He is a graduate of Xavier College, a graduate of the University of South Carolina, where he received a Doctorate of Education. He currently is associated with the Commission on Higher Education. He is a family man, a member of the Knights of Columbus, and a volunteer with the Mental Health Association. He would be a fine and dedicated member of the South Carolina State Board, and it's a pleasure to nominate James A. Paschal."
Rep. J. ANDERSON withdrew George C. Gilmore as a candidate.
On motion of Senator Mitchell, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Brevard:
Applegate Branton Bryan Dennis Doar Drummond Fielding Garrison Hayes Hinson Land Lee Leventis Lindsay Long Lourie Macaulay McConnell McGill McLeod Mitchell Moore Peeler Ravenel Smith, J.V. Smith, N.W. Smith, T.E., Jr. Theodore Waddell Williams
The following named Senators voted for Gilmore:
Dennis Fielding Hayes Hinson Holland Lee Matthews McLeod Mitchell Patterson, E.J. Patterson, K. Peeler Pope Powell Saleeby Smith, H.C. Theodore
The following named Senators voted for Naylor:
Bryan Courson Doar Drummond Garrison Giese Holland Land Leventis Lindsay Long Lourie Macaulay Matthews McGill Moore Patterson, E.J. Patterson, K. Pope Powell Ravenel Saleeby Shealy Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E., Jr. Waddell Williams Wilson
The following named Senators voted for Paschal:
Applegate Branton Courson Giese McConnell ShealyWilson
The following named Senators voted for Williams:
Applegate Branton Bryan Courson Dennis Doar Drummond Fielding Garrison Giese Hayes Hinson Holland Land Lee Leventis Lindsay Long Lourie Macaulay Matthews McConnell McGill McLeod Mitchell Moore Patterson, E.J. Patterson, K. Peeler Pope Powell Ravenel Saleeby Shealy Smith, H.C. Smith, J.V. Smith, N.W. Smith, T.E., Jr. Theodore Waddell Williams Wilson
On motion of Senator Mitchell, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Gilmore:
Alexander Anderson, S. Arthur, J. Arthur, W. Aydlette Barfield Blanding Blatt Boan Brett Brown, J. Brown, R. Chamblee Cork Dangerfield Davenport Edwards Faber Fair Ferguson Foster Freeman Gilbert Gordon Gregory Griffin Harris, P. Hawkins Hayes Helmly Hendricks, B. Kay Kirsh Klapman Lake Mangum Mattos McAbee McBride McEachin McKay McLeod McTeer Mitchell Moss Neilson Ogburn Petty Phillips, L. Phillips, O. Rogers, J. Russell Sheheen Shelton Stoddard Waldrop Wilkins Williams
The following named Representatives voted for Brevard:
Schwartz Altman Anderson, J. Anderson, S. Arthur, J. Aydlette Bailey, K. Barfield Beasley Bennett Blackwell Blanding Boan Bradley, J. Brett Brown, G. Brown, H. Brown, R. Burriss, M.D. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Foster Freeman Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Hawkins Hayes Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Kohn Lake Lewis Limehouse Lockemy Mangum Martin, D. McAbee McKay McLeod McTeer Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, J. Rogers, T. Russell Sheheen Shelton Snow Stoddard Taylor Thrailkill Toal Townsend Waldrop White Williams Winstead
The following named Representatives voted for Naylor:
Schwartz Alexander Altman Anderson, J. Arthur, W. Aydlette Bailey, K. Barfield Beasley Bennett Blackwell Bradley, J. Bradley, P. Brown, G. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Davenport Day Elliott Evatt Faber Fair Felder Gentry Gilbert Griffin Harris, J. Harvin Hawkins Hearn Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kohn Koon Lewis Limehouse Lockemy Martin, D. Mattos McBride McEachin McKay McLeod McTeer Mitchell Moss Neilson Nettles Pearce Petty Rawl Rhoad Rice Rogers, J. Rogers, T. Snow Taylor Toal Townsend White Wilkins Winstead Woodruff
The following named Representatives voted for Paschal:
Bradley, P. Brett Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Derrick Evatt Hearn Kohn Koon Thrailkill
The following named Representatives voted for Williams:
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Bailey, K. Beasley Bennett Blackwell Blanding Blatt Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Cleveland Cooper Cork Dangerfield Day Derrick Edwards Elliott Evatt Felder Foster Freeman Gentry Gordon Gregory Griffin Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Lake Lewis Limehouse Lockemy Mangum Martin, D. Mattos McAbee McBride McEachin McKay McLeod Mitchell Nettles Ogburn Pearce Phillips, L. Phillips, O. Rawl Rhoad Rice Rigdon Rogers, T. Russell Sheheen Shelton Snow Stoddard Thrailkill Toal Townsend Waldrop White Wilkins Williams Winstead Woodruff
Total Number of Senators voting 42
Total Number of Representatives voting 94
Grand Total 136
Necessary to a choice 69
Of which Henry W. Brevard received 121
Of which Jacqueline C. Gilmore received 75
Of which Barry Naylor received 104
Of which James A. Paschal received 20
Of which Charles H. Williams received l36
Whereupon the President announced that Charles H. Williams, Henry W. Brevard and Barry Naylor having received a majority of the votes cast were duly elected for the term prescribed by law.
The President announced that nominations were in order for a member of the Board of Visitors of the Citadel.
Rep. STODDARD nominated George C. James.
On motion of Rep. STODDARD, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the President announced that Mr. George C. James was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 1:55 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The Senate returned to the House with concurrence the following:
H. 3830 -- Rep. Snow: A CONCURRENT RESOLUTION COMMENDING ELAINE COOPER OF SOUTH CAROLINA EDUCATIONAL TELEVISION FOR HER CONTRIBUTION TO THE PRODUCTION OF THE ENTERTAINING DOCUMENTARY FILM, "SHAG".
H. 3831 -- Rep. Snow: A CONCURRENT RESOLUTION COMMENDING BUCK BRINSON OF SOUTH CAROLINA EDUCATIONAL TELEVISION FOR HIS CONTRIBUTION TO THE PRODUCTION OF THE ENTERTAINING DOCUMENTARY FILM, "SHAG".
H. 3832 -- Rep. Snow: A CONCURRENT RESOLUTION COMMENDING RICK SEBAK OF SOUTH CAROLINA EDUCATIONAL TELEVISION FOR HIS CONTRIBUTION TO THE PRODUCTION OF THE ENTERTAINING DOCUMENTARY FILM, "SHAG".
At 1:56 P.M. the House in accordance with the motion of Rep. HAWKINS adjourned out of memory and respect for the late Honorable Hudson L. Barksdale to meet at 10:00 A.M. tomorrow.
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