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

TUESDAY, MAY 6, 1986

Tuesday, May 6, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

O God of concern and compassion, we come into Your presence in this prayer not that You need us, but because of our supreme need of You. In our prayer relationship, our horizons are enlarged, our vision is expanded, our perspectives are heightened, our hope is increased, our whole being is edified. Make us receptive to that which You would impart, making Your teachings illumine our minds. May we never be content to let selfishness or greed cloud our actions, but may we follow Your way as Your Word reveals it.

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. BARFIELD.

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

H. 2792--DEBATE ADJOURNED

The Senate Amendments to the following Bill were taken up for consideration.

H. 2792 -- Reps. Sheheen, J. Anderson, Gentry, P. Harris, Waldrop and Blackwell: A BILL TO PROVIDE FOR THE SOUTH CAROLINA PROBATE CODE WHICH CONSOLIDATES AND REVISES ASPECTS OF LAW IN THIS STATE RELATING TO THE GENERAL PROBATE DEFINITIONS, PROVISIONS, AND JURISDICTION, INTESTATE SUCCESSION AND WILLS EXCLUSIVE OF ELECTIVE SHARE PROVISIONS, PROBATE OF WILLS AND ADMINISTRATION OF DECEDENT'S ESTATES, LOCAL AND FOREIGN PERSONAL REPRESENTATIVES, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY, NON-PROBATE TRANSFERS, AND TRUSTS AND TRUST ADMINISTRATION; AND TO AMEND SECTIONS 12-15-270, 15-9-450, 15-51-30, 20-7-1770, 20-7-1820, AND 44-23-10 OF THE 1976 CODE AND ACT 690 OF 1976 IN ORDER TO REVISE THEM AND CONFORM THEM TO THE PROVISIONS OF THE SOUTH CAROLINA PROBATE CODE, TO REPEAL TITLE 21, EXCEPT THE FOLLOWING SECTIONS WHICH SHALL BE REDESIGNATED AS SHOWN IN PARENTHESES, 21-1-20 (27-19-120), 21-1-30 (27-5-120), 21-11-120 (12-7-2600), 21-11-130 (12-7-2610), 21-15-40 (12-15-1620), 21-15-410 (12-15-1360), 21-15-420 (12-15-1370), 21-15-1760 (12-15-1630), 21-15-1770 (12-15-1640), 21-15-1780 (12-15-1650), AND 21-21-10 (20-7-100); AND TO REPEAL THE FOLLOWING PROVISIONS OF THE 1976 CODE, 14-23-350, 15-3-70, 15-71-10, 15-71-20, 15-71-30, 15-71-110, 15-71-120, 15-71-130, 15-71-140, 15-71-150, 15-71-160, 15-71-170, 15-71-180, 15-71-190, 15-71-310, 15-71-320, 15-71-330, 18-5-10, 18-5-20, 18-5-30, 18-5-40, 18-5-50, 18-5-60, 18-5-70, 18-5-80, 27-23-100, 32-13-10, 34-11-10, 34-25-80, 44-23-710, 44-23-720, 44-23-730, 44-23-740, 44-23-750, 44-23-760, 44-23-770, 44-23-780, 44-23-790, 44-23-800, 44-23-810, 44-23-820.

Rep. SHEHEEN moved to waive Rule 5.14, which was agreed to.

Rep. SHEHEEN moved to adjourn debate upon the Senate amendments until Tuesday, May 13, which was adopted.

INVITATION

The following was received.

April 30, 1986
The Honorable Liston D. Barfield, Chairman
House Invitations Committee
Blatt Building, Suite 518
Columbia, SC 29211

Dear Rep. Barfield:

On May 14, 1986, in the lower lobby of the State House the 16 technical colleges in South Carolina will host a public awareness exhibit commemorating the 25th anniversary of technical education in South Carolina.

Prior to the opening of the exhibit, a painting commemorating the celebration of 25 years of technical education in South Carolina will be unveiled. This painting has been done by Blue Sky and is titled "A New Day".

We would like to invite the House members to the unveiling of this painting and to the technical college exhibits at 9:45 a.m. in the lower lobby.

Thanks for your cooperation.

Sincerely,
Phil Hayes
Director of Public Information

On motion of Rep. BARFIELD, with unanimous consent, the invitation was taken up for immediate consideration and accepted.

REPORTS OF STANDING COMMITTEE

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

H. 2353 -- Rep. Harvin: A BILL TO ENACT "THE ANIMAL FIGHTING AND BAITING ACT," TO PROVIDE FOR THE SEIZURE, CARE, AND DISPOSITION OF ANIMALS AND TO PROVIDE PENALTIES, TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF OWNING AN ANIMAL FOR THE PURPOSE OF FIGHTING OR BAITING, BEING A PARTY TO OR CAUSING ANY FIGHTING OR BAITING OF ANY ANIMAL, PURCHASING, RENTING, LEASING, OR OTHERWISE ACQUIRING OR OBTAINING THE USE OF ANY STRUCTURE, FACILITY, OR LOCATION FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL, OR KNOWINGLY ALLOWING OR PERMITTING OR MAKING AVAILABLE ANY STRUCTURE, FACILITY, OR LOCATION TO BE USED FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL.

Ordered for consideration tomorrow.

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

H. 3771 -- Reps. Hawkins, S. Anderson, Faber, Woodruff, Sharpe, Kay, Aydlette, Jones, J.C. Johnson, Wilkins, J. Rogers, Mitchell, K. Bailey, Harvin, White, McBride, Waldrop, Chamblee, McLellan, J. Bradley, J. Arthur, Gordon, B.L. Hendricks, J. Brown, Bennett, Kirsh, Taylor, Mattos, Thrailkill, Cooper, J. Harris, Townsend, Winstead and Huff: A BILL TO PERMIT ANY PERSON UNDER CERTAIN CONDITIONS TO SELECT THE DENTIST OF HIS CHOICE; TO PROVIDE THAT ANY LICENSED DENTIST IN THIS STATE MAY PARTICIPATE IN SUCH SELECTION; TO PROVIDE FOR THE DISSEMINATION OF BENEFIT INFORMATION, FOR METHODS OF PAYMENT FOR DENTAL CARE SERVICE, AND FOR THE RIGHT OF ANY DENTIST LICENSED IN THE STATE TO PARTICIPATE AS A CONTRACTING PROVIDER IN ANY PREPAYMENT PLAN; AND TO PROHIBIT DISCRIMINATION IN REIMBURSEMENT TO NONCONTRACTING PROVIDERS.

Ordered for consideration tomorrow.

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

S. 987 -- Senator McConnell: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF BARBER EXAMINERS.

Ordered for consideration tomorrow.

SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

On motion of Rep. BLACKWELL, with unanimous consent, the Senate Amendments to the following Bill were taken up for consideration.

H. 3568 -- Ways and Means Committee: A BILL TO ESTABLISH THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, TO PROVIDE FOR A GOVERNING BODY THEREFOR TO BE KNOWN AS THE POLICY COUNCIL, TO PROVIDE FOR AN ADVISORY COUNCIL FOR THIS GOVERNING BODY, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE CONTINUUM OF CARE.

The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

INTRODUCTION OF BILLS

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

H. 3870 -- Rep. Harvin: A BILL TO PROVIDE FOR A PRISONER OF WAR COMMISSION ATTACHED TO THE DEPARTMENT OF VETERANS' AFFAIRS.

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

H. 3871 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO ELECTION PROCEDURES FOR THE STATE BOARD OF MEDICAL EXAMINERS AND THE MEDICAL DISCIPLINARY COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 687, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Without reference.

H. 3872 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO FIRE PREVENTION AND LIFE SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 666, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Without reference.

S. 919 -- Senators Courson, Holland, Ravenel, Wilson, Williams, Thomas, Leventis, Giese, Theodore, Peeler, McConnell and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2192 SO AS TO PROVIDE THAT ANY PERSON TWENTY-ONE YEARS OR YOUNGER WHO HAS BEEN COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES FOLLOWING CONVICTION OR ADJUDICATION OF DELINQUENCY FOR THE CRIMES OF MURDER, FIRST OR SECOND DEGREE CRIMINAL SEXUAL CONDUCT, OR ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE IS INELIGIBLE TO ATTEND ANY PRIMARY OR SECONDARY SCHOOL OPERATED BY ANY ENTITY OTHER THAN THE DEPARTMENT.

Referred to Committee on Judiciary.

S. 1062 -- Senator Long: A BILL TO AMEND SECTIONS 61-3-710, AND 61-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN LICENSES OR PERMITS ISSUED BY THE ALCOHOLIC AND BEVERAGE CONTROL COMMISSION SO AS TO PROVIDE THAT THESE LICENSES OR PERMITS EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR AND TO PROVIDE THAT THESE PERMITS AND LICENSES ISSUED FOR THE 1986-87 LICENSE YEAR SHALL EXPIRE ON SEPTEMBER 30, 1987; TO AMEND SECTION 61-5-80, AS AMENDED, RELATING TO LICENSE FEES TO SELL ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS SO AS TO REVISE THE MANNER IN WHICH FEES FOR PARTIAL LICENSE YEARS ARE COMPUTED; AND TO AMEND SECTION 61-9-310 RELATING TO PERMITS TO SELL BEER OR WINE SO AS TO PROVIDE THAT THESE PERMITS SHALL EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR, TO PROVIDE THAT PERMITS ISSUED FOR LICENSE YEAR 1986-87 EXPIRE ON SEPTEMBER 30, 1987, AND TO ELIMINATE THE PERMIT FOR THE SALE OF BEER FOR CONSUMPTION OFF OF THE PREMISES.

Rep. SHEHEEN moved to waive Rule 5.12, which was agreed to.

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

S. 1265 -- Senators Applegate, Pope, Williams, Lourie, Ravenel, Powell, Doar, Drummond, Giese and Macaulay: A JOINT RESOLUTION TO PETITION CONGRESS TO CALL A CONSTITUTIONAL CONVENTION FOR THE PURPOSE OF AMENDING THE UNITED STATES CONSTITUTION SO AS TO PROHIBIT CONGRESS FROM ENACTING LEGISLATION PROVIDING FOR THE COLLECTION OF INCOME TAXES RETROACTIVELY; TO INSURE THAT THE RIGHT OF THE STATES TO FINANCE THE PUBLIC PURPOSES ESTABLISHED BY THEM MAY NOT BE INFRINGED; TO PROHIBIT CONGRESS FROM TAXING DIRECTLY OR INDIRECTLY THE INCOME DERIVED FROM GENERAL OR SPECIAL OBLIGATIONS ISSUED BY OR ON BEHALF OF THE STATES, THEIR POLITICAL SUBDIVISIONS OR AUTHORIZED AUTHORITIES, AND TO PROHIBIT THE TAXATION OF THE PROCEEDS OF OR INCOME ON THESE PROCEEDS; AND TO PROHIBIT CONGRESS FROM TAXING OR RESTRICTING THESE OBLIGATIONS OR EXCLUDING AS DEDUCTIONS FROM INCOME, TAXES PAID PURSUANT TO THE LAWS OF ANY STATE OR INTEREST ON AMOUNTS BORROWED BY ANY FINANCIAL INSTITUTION TO PURCHASE OR CARRY THESE OBLIGATIONS.

Rep. J. BRADLEY moved to waive Rule 5.12, which was agreed to.

Referred to Committee on Ways and Means.

S. 1275 -- Senator Ravenel: A BILL TO AMEND SECTION 12-35-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF SALES TAX BY A RETAILER UNDER CONDITIONAL SALES CONTRACTS, SO AS TO PROVIDE THAT WHEN SALES OF RETAILERS ARE MADE ON AN INSTALLMENT BASIS WHICH CONFORM TO THE UNIFORM COMMERCIAL CODE AND FOR WHICH THE RETAILER TAKES A SECURITY INTEREST THE VENDOR MAY ELECT TO RETURN A PORTION OF THE SALES PRICE ACTUALLY RECEIVED OR INCLUDE THE ENTIRE SALES PRICE TO THE STATE TAX COMMISSION FOR SALES TAX PURPOSES.

Referred to Committee on Ways and Means.

S. 1284 -- Senators Dennis, Williams, Drummond, Lourie, Saleeby and J. Verne Smith: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE INSURANCE COMMISSION.

Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

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                Bennett                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            Day                    Derrick
Edwards                Evatt                  Faber
Fair                   Felder                 Foxworth
Freeman                Gilbert                Gordon
Gregory                Harris, P.             Hawkins
Hearn                  Helmly                 Hendricks, B.
Hendricks, L.          Holt                   Johnson, J.C.
Johnson, J.W.          Jones                  Keyserling
Kirsh                  Klapman                Kohn
Koon                   Lake                   Lewis
Limehouse              Lockemy                Mangum
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McEachin
McKay                  McLellan               McLeod
McTeer                 Mitchell               Moss
Neilson                Nettles                Ogburn
Pearce                 Petty                  Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Russell                Sharpe
Sheheen                Shelton                Short
Simpson                Stoddard               Sturkie
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Waldrop
Washington             Wilkins                Williams
Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on May 6, 1986.

Larry E. Gentry                   Robert O. Kay
Robert W. Hayes                   G. Ralph Davenport, Jr.
Thomas E. Huff                    Tom G. Woodruff, Jr.
Jean Harris                       Samuel R. Foster
Rick Rigdon                       Tee Ferguson
Dick Elliott                      Lewis Phillips
Charles R. Griffin III            A.V. Rawl
Alex Harvin
Total Present--118

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. William (Jacky) Epperson of Anderson is the Doctor of the Day for the General Assembly.

MOTION REJECTED

Rep. McABEE moved to waive Rule 6.1, which was not agreed to.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 892 -- Senator Garrison: A BILL TO AMEND ACT 188 OF 1985, RELATING TO THE FIRE PROTECTION SPRINKLER SYSTEM ACT, SO AS TO PROVIDE CERTAIN EXCEPTIONS.

H. 3840--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the following Bill until Tuesday, May 13, which was adopted.

H. 3840 -- Reps. McLellan and Cleveland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-250 SO AS TO MAKE IT ILLEGAL FOR ANYONE TO UTILIZE A WATER VESSEL AS A DWELLING PLACE FOR SEVEN CONSECUTIVE DAYS WITHOUT HAVING THE METHOD OF SEWERAGE DISPOSAL OF THE WATER VESSEL APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE A PENALTY FOR VIOLATION, TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION.

S. 961--DEBATE ADJOURNED

Reps. T. ROGERS and STODDARD moved to adjourn debate upon the following Bill, which was adopted.

S. 961 -- Senator Shealy: A BILL TO AMEND ACT 512 OF 1984, AS AMENDED, (THE EDUCATION IMPROVEMENT ACT OF 1984), SO AS TO DELAY BY TWO YEARS, UNTIL 1988-89, THE REQUIREMENT FOR A PUPIL-TEACHER RATIO OF TWENTY-FIVE TO ONE OR LESS IN LANGUAGE ARTS AND MATHEMATICS CLASSES IN GRADES SEVEN THROUGH TWELVE IN SCHOOL DISTRICTS WITH A STUDENT POPULATION IN EXCESS OF NINE THOUSAND.

H. 3300-OBJECTIONS

The following Bill was taken up.

H. 3300 -- Reps. J. Rogers, J. Bradley, Huff, Lewis, McBride, Mitchell, Neilson, Russell, Sharpe, Shelton, Winstead, B.L. Hendricks, R. Brown, Evatt, Harvin, Snow, Hayes, Keyserling, J. Harris, Davenport, Hawkins, J. Anderson, Jones, Waldrop, Tucker, Chamblee, Barfield, J.H. Burriss, Sturkie, Ogburn, Gentry, McKay, Wilkins, J.C. Johnson, Lockemy, Gilbert, Limehouse, Carnell, Day, Griffin, Nettles, Woodruff, McTeer, Brett, and T. Rogers: A BILL TO AMEND SECTIONS 12-21-2590 AND 12-21-2600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO LICENSE FEES AND ADMISSIONS TAXES SO AS TO DOUBLE THE APPLICABLE LICENSE FEES AND TAXES, AND TO AMEND SECTION 12-21-2620, RELATING TO THE DISPOSITION OF BINGO REVENUES, SO AS TO PROVIDE THAT ONE-HALF OF THE REVENUES MUST BE DEPOSITED IN A SEPARATE FUND FOR THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND CREDITED TO THE ACCOUNT OF EACH COUNTY FOR DISTRIBUTION BY THE DEPARTMENT IN GRANTS FOR PARKS AND RECREATION DEVELOPMENT.

Rep. McTEER moved to adjourn debate upon the Bill.

Rep. WALDROP moved to table the motion which was not agreed to.

The question then recurred to the motion to adjourn debate, which was rejected.

Reps. McLELLAN, SIMPSON and KIRSH objected to the Bill.

H. 3309--OBJECTION, AMENDED AND ORDERED
TO THIRD READING

The following Bill was taken up.

H. 3309 -- Rep. Rawl: A BILL TO AMEND ACT 76 OF 1977, AS AMENDED, THE "SOUTH CAROLINA STATE HOUSING AUTHORITY ACT OF 1977", SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE "STATE HOUSING AUTHORITY PROGRAM FUND" TO BE ADMINISTERED BY THE STATE HOUSING AUTHORITY, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE USE OF THE MONIES IN THE FUND AND THE INVESTMENT OF CERTAIN PORTIONS OF THESE MONIES.

Rep. McABEE explained the Bill.

Rep. KLAPMAN moved to adjourn debate upon the Bill.

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

Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5696k), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1. Act 76 of 1977, as last amended by Act 101 of 1985, is further amended by adding:
"Section 15A. Whenever the South Carolina State Housing Authority (Authority) collects or receives (1) income from fees collected, (2) other earned income, or (3) any investment income derived from fund assets, the Authority shall pay these monies to the State Treasurer who shall deposit them in a separate account to be known as the 'State Housing Authority Program Fund'. The monies in the State Housing Authority Program Fund must be administered by the Authority and be paid out only upon the signature of the chairman of the board of directors of the Authority, or a designee of the board, and the signature of the executive director, upon the written warrants of the Comptroller General drawn on the State Treasurer to the payee designated in the requisition. The Authority shall maintain separate records and books of account for these monies. The monies in the State Housing Authority Program Fund may be used only in accordance with the guidelines established in regulations promulgated by the Authority. Any interest or other increment resulting from investment must be deposited in the fund."

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

Rep. HEARN explained the amendment.

Rep. KLAPMAN objected to the Bill.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. McABEE asked unanimous consent that H. 3309 be read a third time tomorrow.

Rep. KOHN objected.

Rep. LOCKEMY moved to waive Rule 6.1.

POINT OF ORDER

Rep. BLACKWELL raised the Point of Order that time had not elapsed since a similar motion was made.

The SPEAKER stated that there was no time limit on the motion to waive the Rule, and he overruled the Point of Order.

The question then recurred to the motion to waive Rule 6.1, which was not agreed to.

H. 3457--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3457 -- Rep. McAbee: A BILL TO AMEND SECTION 10, PART II, ACT 201 OF 1985, RELATING TO THE AUTHORIZATION OF A STATE AGENCY TO PAY A NEW EMPLOYEE'S MOVING EXPENSES, SO AS TO REQUIRE THE EMPLOYEE'S PLACE OF RESIDENCE TO BE LOCATED FIFTY MILES OR MORE FROM THE AGENCY INSTEAD OF OUTSIDE THE STATE.

Rep. J. BRADLEY moved to table the Bill which was not agreed to by a division vote of 14 to 46.

POINT OF ORDER

Rep. LOCKEMY raised the Point of Order that it was now 12:30 p.m., and in accordance with Rule 6.1, the House was now in recess.

The SPEAKER sustained the Point of Order and stated the House was now in recess until 2:00 p.m.

Further proceedings were interrupted by the House receding, the pending question being consideration of the Bill.

THE HOUSE RESUMES

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

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., May 6, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 970:

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

Very respectfully,
President

No. 56

Received as information.

H. 3457--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

H. 3457 -- Rep. McAbee: A BILL TO AMEND SECTION 10, PART II, ACT 201 OF 1985, RELATING TO THE AUTHORIZATION OF A STATE AGENCY TO PAY A NEW EMPLOYEE'S MOVING EXPENSES, SO AS TO REQUIRE THE EMPLOYEE'S PLACE OF RESIDENCE TO BE LOCATED FIFTY MILES OR MORE FROM THE AGENCY INSTEAD OF OUTSIDE THE STATE.

Rep. SHEHEEN proposed the following Amendment No. 1, which was adopted.

Amend as and if amended.

Section (c) by adding at the end prior to the period(.):

"for an out-of-state employee and one thousand five hundred ($1,500) for an in-state employee."

Rep. McABEE explained the amendment.

The amendment was then adopted.

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

H. 3457--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 3457 be read the third time tomorrow.

H. 3645--OBJECTIONS

The following Bill was taken up.

H. 3645 -- Reps. Mangum, McLellan, McLeod and Kirsh: A BILL TO REQUIRE DOMESTIC INSURANCE COMPANIES TO PAY THE SAME LICENSE FEES AND TAXES REQUIRED OF FOREIGN INSURANCE COMPANIES; TO REQUIRE ALL INSURANCE FEES AND TAXES TO BE PAID TO THE CHIEF INSURANCE COMMISSIONER; TO PROVIDE FOR DISTRIBUTION OF PART OF PREMIUM TAXES TO COUNTIES IN LIEU OF COUNTY FEES AND TAXES; TO AMEND SECTION 38-57-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL REPORT OF PREMIUMS OF FOREIGN FIRE INSURANCE COMPANIES SO AS TO REQUIRE FIRE INSURANCE COMPANIES TO FILE AN ANNUAL REPORT IF THEY ARE INCORPORATED IN THIS STATE AS WELL AS IN ANOTHER STATE OR COUNTRY; TO CONTINUE THE INSURANCE TAX STUDY COMMITTEE; AND TO REPEAL SECTIONS 38-5-310, 38-5-320, 38-5-330, 38-5-340, 38-5-350, 38-5-360, 38-5-370, 38-5-380, 38-5-390, 38-5-400, 38-5-410, 38-5-420, 38-5-430, 38-5-440, 38-5-450, 38-5-460, 38-5-470, 38-5-480, AND 38-5-500, 1976, RELATING TO THE COLLECTION AND DISPOSITION OF INSURANCE COMPANY LICENSE FEES AND TAXES.

Reps. J. BRADLEY, DANGERFIELD, FOXWORTH, BOAN, AYDLETTE and DAY objected to the Bill.

ORDERED TO THIRD READING

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

S. 771 -- Senators Doar, Lourie and McLeod: A BILL TO AMEND SECTIONS 43-21-10, 43-21-20, 43-21-30, 43-21-60, 43-21-70, 43-21-80, AND 43-21-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON AGING, SO AS TO PROVIDE THAT THE MEMBERS OF THE COMMISSION APPOINTED BY THE GOVERNOR CONSIST OF SEVEN MEMBERS INSTEAD OF TWELVE, TO PROVIDE THAT THE CHAIRMAN BE ELECTED BY THE MEMBERS OF THE COMMISSION INSTEAD OF BEING DESIGNATED BY THE GOVERNOR AND REMOVE THE GOVERNOR AS AN EX OFFICIO MEMBER, TO DELETE THE REQUIREMENT THAT THE COMMISSION KEEP A ROSTER OF PERSONS QUALIFIED TO SERVE ON THE COMMISSION TO BE PRESENTED ANNUALLY TO THE GOVERNOR, TO PROVIDE THAT THE COMMISSION MEET AT LEAST SIX TIMES ANNUALLY UNLESS A MAJORITY OF THE MEMBERS VOTE TO ELIMINATE NO MORE THAN TWO MEETINGS A YEAR, TO PROVIDE THAT THE ANNUAL REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY INCLUDE THE NEEDS OF THE ELDERLY AND THE WORK OF THE COMMISSION, TO PROVIDE THAT THE COMMISSION EMPLOY A DIRECTOR WITHOUT THE CONSENT OF THE GOVERNOR, TO PROVIDE THAT COMPENSATION AND EMPLOYMENT OF PERSONNEL BY THE COMMISSION BE IN ACCORDANCE WITH THE HUMAN RESOURCE MANAGEMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD AND MERIT SYSTEM REQUIREMENTS, AND TO ADD THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, THE EXECUTIVE DIRECTOR OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, THE DIRECTOR OF THE STATE COMMISSION ON ALCOHOL AND DRUG ABUSE, AND THE CHAIRMAN OF THE STATE COMMISSION ON WOMEN TO THE COORDINATING COUNCIL TO THE COMMISSION ON AGING.

S. 1043 -- Finance Committee: A BILL TO AMEND SECTIONS 12-13-10 AND 12-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO DEFINITIONS AND NET INCOME WITH RESPECT TO THE TAX ON BUILDING AND LOAN ASSOCIATIONS, SO AS TO UPDATE THE DEFINITION AND PROVIDE FOR A BAD DEBT DEDUCTION EQUAL TO THE BAD DEBT DEDUCTION ALLOWED PURSUANT TO THE INTERNAL REVENUE CODE AND TO PRESCRIBE TRANSITION PROCEDURES.

S. 985 -- Senators Dennis, Lindsay and Holland: A BILL TO AMEND SECTION 9-1-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LUMP-SUM CONTRIBUTIONS BY A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO BECOME ENTITLED TO CREDITABLE SERVICE FOR OUT-OF-STATE SERVICE, SO AS TO PROVIDE THAT A MEMBER WHO ELECTS TO RECEIVE CREDITABLE OUT-OF-STATE SERVICE MAY ESTABLISH A PORTION OF THE SERVICE ON A ONE-TIME BASIS.

Rep. P. HARRIS explained the Bill.

OBJECTION TO MOTION

Rep. BLACKWELL asked unanimous consent that S. 771 be read a third time tomorrow.

Rep. J. BRADLEY objected.

S. 1043--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 1043 be read the third time tomorrow.

H. 3865--OBJECTIONS

The following Bill was taken up.

H. 3865 -- Reps. G. Bailey, Beasley, Elliott, J.C. Johnson, Neilson, Cork, Dangerfield, T. Rogers, Keyserling, Sharpe, Huff, W. Arthur, Winstead, P. Bradley, Jones, Holt, Washington, Ferguson, White, Alexander, McLeod, G. Brown, J. Harris, Rawl, Petty, Rice, Cooper, Altman, L. Phillips, Blackwell, Day, Lake, Griffin, Limehouse, Gregory, McEachin, Russell, Gordon, McKay, R. Brown, Evatt, Sheheen, Boan, Lockemy, J.H. Burriss, M.D. Burriss, Kirsh, Townsend, H. Brown, Helmly, Chamblee, McLellan, O. Phillips, Moss, Lewis, Rhoad, Mattos, Hearn, S. Anderson, Toal, Bennett, Williams, J. Anderson, P. Harris, Davenport, McTeer, Tucker, J. Arthur, Cleveland, Barfield, K. Bailey, Mitchell, T.M. Burriss, Foxworth, Wilkins, Snow, Blanding, Kay, Simpson, L. Martin, Thrailkill, Woodruff, Freeman and McAbee: A BILL TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS SETTING STANDARDS THAT SOLID WASTE GENERATED IN THIS STATE MUST MEET TO QUALIFY FOR BURIAL IN A PRIVATELY-OWNED COMMERCIAL LANDFILL IN THIS STATE AND TO REQUIRE THAT THE DEPARTMENT PROMULGATE REGULATIONS TO ESTABLISH A TESTING PROGRAM, INCLUDING A SCHEDULE OF TESTING FEES, FOR SOLID WASTE GENERATED OUT OF STATE SENT TO THIS STATE FOR BURIAL IN A PRIVATELY-OWNED COMMERCIAL LANDFILL AND TO MAKE BURIAL OF WASTE IN VIOLATION OF THE REGULATION GROUNDS FOR REVOCATION OF THE LANDFILL'S OPERATING PERMIT.

Reps. McABEE, CARNELL and MANGUM objected to the Bill.

S. 748--OBJECTIONS

The following Bill was taken up.

S. 748 -- Senator Setzler: A BILL TO AUTHORIZE A COUNTY TREASURER OR TAX COLLECTOR TO DELEGATE TO A DEPUTY TREASURER, TO A DEPUTY TAX COLLECTOR, OR TO THE COUNTY SHERIFF THE POWER TO SEIZE AND LEVY UPON PROPERTY OF A DEFAULTING TAXPAYER FOR NONPAYMENT OF PROPERTY TAXES.

Reps. J. BRADLEY, FABER, AYDLETTE, WASHINGTON and FOXWORTH objected to the Bill.

H. 3618--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3618 -- Reps. Keyserling, Shelton, T. Rogers, J.H. Burriss and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 27 SO AS TO ESTABLISH REQUIREMENTS FOR NONPROFIT ORGANIZATIONS TO CLAIM TITLE TO CERTIFIED ABANDONED CULTURAL PROPERTY, TO REQUIRE A PROCEDURE BY WHICH THE ORGANIZATION HOLDING THE PROPERTY MUST MAKE NOTIFICATION IN ORDER TO CLAIM THE PROPERTY, TO ESTABLISH CONDITIONS UNDER WHICH CONSERVATION MEASURES MAY BE TAKEN TO PROVIDE A LIMITATION ON ACTIONS BROUGHT AGAINST ORGANIZATIONS, AND TO PROVIDE FOR THE EXCLUSIVE USE OF THIS CHAPTER TO DISPOSE OF PROPERTY TO WHICH IT APPLIES.

Reps. KEYSERLING, J. HARRIS and SHELTON proposed the following Amendment No. 1 (Doc. No. 4163R), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Title 27 of the 1976 Code is amended by adding:

"CHAPTER 45
Requirements for Claiming Title to Abandoned
Cultural Property and for Applying
Conservation Measures to Property on Loan

Section 27-45-10. (a) 'Cultural property' means:

(1) any work of art, including, but not limited to, paintings, drawings, prints, decorative art, craft work, photographs, documents, costumes, weapons, tools, and equipment of the various trades and professions, archaeological and geological specimens, zoological and botanical specimens, historical artifacts, and objects associated with historical persons or events; and

(2) an object, certified by the Abandoned Cultural Property Board, which when exhibited, serves to further the educational goals of the exhibiting nonprofit organization.

(b) 'Nonprofit organization' means any nonprofit museum, gallery, library, college, university, school, church, or other institution or organization organized exclusively for artistic, religious, charitable, scientific, literary, or educational purposes, or to promote the study or advancement of the arts or sciences, or to sustain, encourage, or promote the musical or performing arts.

(c) 'Loan or on loan' means all deposits of cultural property with a nonprofit organization which are not accompanied by a transfer of title to the property.

(d) 'Date of acquisition' means the date of the initial delivery of the loaned cultural property to the nonprofit organization.

(e) 'Lender' means any individual, corporation, business trust, estate, trust, partnership, or association, who deposits cultural property with a nonprofit organization without transferring title of the property to the nonprofit organization

(f) 'Board' means Abandoned Cultural Property Board.

(g)' Abandoned Cultural Property' means the cultural property meeting the following two conditions:

(1) the property was deposited with a nonprofit organization as described in subsection (c) of this section.

(2) the original lender or his heirs or assigns have not contacted the nonprofit organization for at least ten years after the date of acquisition, if the loan was for an indefinite or indeterminate period, and for at least ten years after the date upon which a loan for a definite duration expired.

Section 27-45-20. There is established the Abandoned Cultural Property Board composed of five members appointed for terms of two years by the commissioners of the State Museum Commission. The members of the board shall elect a chairman and secretary and shall meet at least quarterly. The members of the board shall receive no mileage, per diem, or subsistence. The board is responsible for certifying a work of art as abandoned cultural property. The board shall also determine whether a nonprofit organization has complied with the provisions of Section 27-45-30 or 27-45-40, as appropriate, and shall determine if a lender's claim to property is valid as required by subsection (c) of Section 27-45-90.

Section 27-45-30. A nonprofit organization holding abandoned cultural property shall attempt to notify the lender of intent to terminate the loan through the following methods before claiming title to the property:

(1) by sending a certified mail letter to the lender's last known address; and if the lender has not responded to this letter within sixty days;

(2) by contacting the tax commission in the state of the lender's last known address in writing to request a forwarding address for the lender and sending a letter by certified mail to this address, if different from the address to which a certified letter has been mailed pursuant to the requirements of item (1) of this section; and

(3) by publishing notice and listing of the property in:

(i) one newspaper of general circulation in the county in which the nonprofit organization is located for at least once a week for four weeks and in the county of the lender's last known address, and;

(ii) a publication or catalogue of the nonprofit organization.
The notice must contain:

(i) the name and last known address, if any, of the last known owner of the property;

(ii) a description of the property; and

(iii) a statement that if proof of claim is not presented in writing by the lender, his heirs or assignees to the nonprofit organization, and if the owner's right to receive the property is not established to the nonprofit organization's satisfaction within one hundred twenty days from the date of the fourth published notice in newspapers, the property is considered abandoned and becomes the property of the nonprofit organization.

Section 27-45-40. If a nonprofit organization does not have records identifying the lender of cultural property and the nonprofit organization has demonstrated its possession of the property for at least ten years without any contact by the lender, the nonprofit organization must attempt to notify the lender of intent to terminate the loan before claiming title to the property by publishing a notice and listing of the property in:

(1) one newspaper of general circulation in the county in which the nonprofit organization is located for at least once a week for four weeks, and;

(2) a publication or catalogue of the nonprofit organization.
The notice must contain:

(i) a description of the property; and

(ii) a statement that if proof of claim is not presented in writing by the lender, his heirs or assignees to the nonprofit organization, and if the owner's right to receive the property is not established to the satisfaction of the nonprofit organization within one hundred and twenty days from the date of the fourth published notice, the property is considered abandoned and becomes the property of the nonprofit organization.

Section 27-45-50. Record of a nonprofit organization's efforts to locate the lender as required by Sections 27-45-30 or 27-45-40 must be retained by the nonprofit organization for a period of not less than ten years following the date the nonprofit organization claims title to the property.

Section 27-45-60. If no claim has been made to the abandoned cultural property within one hundred twenty days from the date of the fourth published notice in newspapers as required by item (1) of Section 27-45-30 or item (1) of Section 27-45-40, title to the property vests in the nonprofit organization, free from all claims of the lender and of all persons claiming through or under him, except as provided in subsection (c) of Section 27-45-90.

Section 27-45-70. Before a nonprofit organization may claim title to abandoned cultural property, the Board must certify that the nonprofit organization has followed the procedures as required by this chapter for notifying the lender. The Board may require nonprofit organizations to submit such documentation of the nonprofit organization's attempts to notify the lender as the Board considers necessary.

Section 27-45-80. (a) Unless there is a written loan agreement to the contrary, a nonprofit organization may apply conservation measures to or dispose of the property on loan without a lender's permission if:

(1) immediate action is required to protect the property on loan or to protect other property in the custody of the nonprofit organization, or because the property on loan has become a hazard to the health and safety of the public or the nonprofit organization's staff; and

(2) the nonprofit organization is unable to reach the lender at the lender's last known address so that the nonprofit organization and the lender may promptly agree upon a solution; or

(3) the lender will not agree to the protective measures the nonprofit organization recommends, yet is unwilling to terminate the loan and retrieve the property.

(b) A nonprofit organization is not liable for injury to, or loss of, the property if:

(1) the nonprofit organization had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the nonprofit organization, or that the property on loan constituted a hazard to the health and safety of the public or the nonprofit organization's staff; and

(2) when the nonprofit organization applied conservation measures, the nonprofit organization exercised reasonable care in the choice and application of the conservation measures.

Section 27-45-90. (a) Effective September 1, 1986, no action may be brought against a nonprofit organization to recover property on loan when more than one hundred twenty days have passed from the date that the organization gives final public notice of intent to terminate the loan pursuant to Section 27-45-30 or 27-45-40, as appropriate, except pursuant to subsection (c) of this section.

(b) A lender is considered to have donated loaned property to a nonprofit organization if the lender fails to contact the organization and establish his claim to the property to the satisfaction of the organization or fails to file an action to recover the property on loan to the organization within the one hundred twenty days specified in Section 27-45-60.

(c) If a nonprofit organization fails to follow the appropriate methods for notifying the lender as provided in Section 27-45-30 or 27-45-40, the lender may present proof of his claim to the board within ten years from the date the loan was terminated pursuant to this chapter. If the board finds the lender's claim to be valid, and the nonprofit organization is not able to present written proof of notice to terminate the loan in the appropriate method provided in Section 27-45-30 or 27-45-40, the nonprofit organization is liable to the lender for:

(1) the return of the property; or

(2) an amount equal to the property's fair market value on the date it was discarded, sold, or traded by the nonprofit organization, and interest, at the legal rate, from that same date.

Section 27-45-100. The provisions of this chapter control the procedure and disposition of any property to which it applies in lieu of any other procedure as prescribed by law including the provisions of Title 27 of Chapter 17 as it pertains to the Disposition of Unclaimed Property."

SECTION 2. This act shall take effect September 1, 1986./

Amend title to conform.

Rep. SHELTON explained the amendment.

The amendment was then adopted.

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

H. 3618--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHELTON, with unanimous consent, it was ordered that H. 3618 be read the third time tomorrow.

H. 3188--DEBATE ADJOURNED

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

H. 3188 -- Rep. Fair: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AT AGE SIXTY OR AFTER THIRTY YEARS' SERVICE, SO AS TO PROVIDE THAT IF A MEMBER IS LESS THAN SIXTY AND HAS AT LEAST TWENTY-FIVE YEARS OF CREDITABLE SERVICE, HE MAY ELECT TO RECEIVE UP TO FIVE YEARS OF ADDITIONAL SERVICE CREDIT FOR RETIREMENT PURPOSES UPON PAYING THE ACTUARIAL COST AS DETERMINED BY REGULATION.

S. 984--OBJECTIONS

The following Bill was taken up.

S. 984 -- Senators Dennis, Lindsay and Holland: A BILL TO AMEND SECTIONS 9-1-1020, 9-1-1180, 9-11-40, 9-11-210, ALL AS AMENDED, AND 9-1-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT BONUS AND INCENTIVE PAYMENTS OR OTHER PAYMENTS NOT PART OF THE REGULAR SALARY BASE ARE NOT COMPENSATION FOR WHICH CONTRIBUTIONS ARE DEDUCTIBLE, THAT CONTRIBUTIONS ARE DEDUCTIBLE ON PAY FOR UNUSED ANNUAL LEAVE, AND THAT THE AVERAGE FINAL SALARY UNDER EITHER THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE POLICE OFFICERS RETIREMENT SYSTEM MAY BE USED FOR RETIREMENT BENEFIT CALCULATION UNDER BOTH SYSTEMS FOR CONSECUTIVE EARNED SERVICE CREDIT.

Reps. J. BRADLEY, WINSTEAD, AYDLETTE, FOXWORTH and DAVENPORT objected to the Bill.

H. 3763--OBJECTION AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3763 -- Rep. Hawkins: A BILL TO AMEND SECTION 40-15-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO ALLOW LICENSED DENTAL HYGIENISTS AND CERTIFIED DENTAL ASSISTANTS EMPLOYED WITHIN THE PUBLIC HEALTH SYSTEM TO PERFORM DUTIES WITHOUT THE STATE DIRECTOR OF PUBLIC HEALTH DENTISTRY BEING PRESENT.

Rep. LOCKEMY explained the Bill.

Rep. THRAILKILL objected to the Bill.

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

OBJECTION TO MOTION

Rep. LOCKEMY asked unanimous consent that H. 3763 be read a third time tomorrow.

Rep. THRAILKILL objected.

S. 986--TABLED

The following Joint Resolution was taken up.

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

Rep. LOCKEMY moved to table the Joint Resolution which was agreed to.

S. 27--OBJECTIONS WITHDRAWN AND OBJECTIONS

The following Bill was taken up.

S. 27 -- Senator Powell: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT OF APPLICATIONS FOR NOTARIES PUBLIC, SO AS TO CHANGE THE ENDORSEMENTS REQUIRED ON THE APPLICATION FROM AT LEAST ONE HALF OF THE MEMBERS OF THE LEGISLATIVE DELEGATION REPRESENTING THE COUNTY IN WHICH THE APPLICANT RESIDES TO INCLUDE THE MEMBER OF THE SENATE REPRESENTING THE SENATE DISTRICT IN WHICH THE APPLICANT RESIDES AND THE MEMBER OF THE HOUSE OF REPRESENTATIVES REPRESENTING THE HOUSE DISTRICT IN WHICH THE APPLICANT RESIDES.

Reps. CARNELL and KLAPMAN withdrew their objections to the Bill whereupon objections were raised by Reps. TAYLOR, J. ARTHUR and MANGUM.

S. 1263--DEBATE ADJOURNED

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

S. 1263 -- Senators Ravenel, Fielding and McConnell: A BILL TO AMEND SECTIONS 6-25-20 AND 6-25-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "COST", OR "COST OF A PROJECT", CHANGE THE DEFINITION OF "MUNICIPALITY" AND "MEMBER OF A JOINT SYSTEM", TO PROVIDE ADDITIONAL POWERS FOR JOINT MUNICIPAL WATER SYSTEMS, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 6-25-111, 6-25-112, 6-25-113, 6-25-114, 6-25-125, 6-25-126, 6-25-127, 6-25-128, 6-25-145, AND 6-25-155, SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR JOINT MUNICIPAL WATER SYSTEMS.

S. 1016--POINT OF ORDER

The following Bill was taken up.

S. 1016 -- Senators Peeler and Lee: A BILL TO AMEND SECTION 12-35-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETAIL BUSINESS LICENSE, SO AS TO EXEMPT FROM THE LICENSE REQUIREMENT ORGANIZATIONS CONDUCTING CONCESSION SALES EXEMPT FROM SALES TAX AT FESTIVALS, AND TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT CONCESSION SALES AT FESTIVALS RECOGNIZED BY THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM BY ORGANIZATIONS DEVOTED EXCLUSIVELY TO PUBLIC OR CHARITABLE PURPOSES IF THE ENTIRE NET PROCEEDS ARE USED FOR THOSE PURPOSES.

Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3724R).

Amend the bill, as and if amended, by striking the unnumbered item added in SECTION 2 and inserting:

/"( ) The gross proceeds of concession sales at a festival by an organization devoted exclusively to public or charitable purposes if:

(a) the entire net proceeds are used for those purposes;

(b) the festival is listed as a special event in the calendar of events provided by the South Carolina Department of Parks, Recreation and Tourism;

(c) the festival organizers apply to the Tax Commission in advance of the festival on a form prescribed by the Commission providing information the Commission determines necessary to insure compliance with this item.

For purposes of this item, a 'festival' does not include a recognized state or county fair."/

Renumber items to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

POINT OF ORDER

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

The ACTING SPEAKER SHEHEEN sustained the Point of Order.

POINT OF ORDER

The following Bill was taken up.

H. 3761 -- Rep. Simpson: A BILL TO AMEND SECTION 61-3-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHICH PROHIBITS THE CONDUCT OF OTHER BUSINESS IN RETAIL LIQUOR STORES SO AS TO PROVIDE THAT BEER, ALE, PORTER, AND WINE MAY ALSO BE SOLD IN RETAIL LIQUOR STORES UNDER CERTAIN CONDITIONS; TO REPEAL SECTION 61-3-1030 WHICH PERMITS THE SALE OF CERTAIN WINES IN RETAIL LIQUOR STORES; AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE SEPTEMBER 14, 1986.

POINT OF ORDER

Rep. CARNELL raised the Point of Order that the Bill was out of order as it did not have a Fiscal Impact Statement attached.

ACTING SPEAKER SHEHEEN stated the Bill did not expend revenue, therefore a Fiscal Impact Statement was not necessary, and he overruled the Point of Order.

POINT OF ORDER

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

The ACTING SPEAKER SHEHEEN sustained the Point of Order.

S. 1160--RECALLED FROM THE
COMMITTEE ON WAYS AND MEANS

On motion of Rep. EVATT, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

S. 1160 -- Senators Ravenel, E. Patterson, Theodore and Nell W. Smith: A BILL TO AMEND SECTION 12-7-435, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED IN DETERMINING SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW A TWO THOUSAND DOLLAR DEDUCTION TO A TAXPAYER WHO HAS ADOPTED A "SPECIAL NEEDS CHILD" AND FURNISHES THE CHILD'S CHIEF SUPPORT, AND TO DEFINE THE TERM "SPECIAL NEEDS CHILD".

CONCURRENT RESOLUTION

On motion of Rep. AYDLETTE, with unanimous consent, the following was introduced:

H. 3873 -- Reps. Aydlette, Shelton, Rhoad, M.D. Burriss, Townsend, Keyserling, O. Phillips, Woodruff, J.H. Burriss, L. Martin, Day, Koon, Winstead, Kay, Limehouse, Kirsh, Chamblee, Klapman, Rice, Ferguson, P. Bradley, J. Anderson, Jones, Sturkie, Tucker, Foxworth, Holt, Beasley, Alexander, Huff, Bennett, Lake, Stoddard, Waldrop, G. Brown, Barfield, Davenport, Hawkins, Snow, Moss, G. Bailey, Mattos, Simpson, Petty, Russell, Pearce, Fair, Thrailkill, K. Bailey and T.M. Burriss: A CONCURRENT RESOLUTION TO REQUEST PRESIDENTS OF ALL INSTITUTIONS OF HIGHER LEARNING WHICH RECEIVE STATE FUNDS TO ESTABLISH ADMISSION POLICIES WHICH WOULD PROHIBIT THE ADMISSION OF ANY CITIZEN OF THE COUNTRIES OF LIBYA, SYRIA, JORDAN, OR ANY OTHER COUNTRY WHOSE GOVERNMENT CONDONES TERRORISTIC TACTICS IN ACHIEVING ITS GOALS.

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

INTRODUCTION OF BILL

On motion of Rep. McEACHIN, with unanimous consent the following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3874 -- Rep. McEachin: A BILL TO AMEND CHAPTER 27 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES BY ADDING SECTION 38-27-150 SO AS TO PROVIDE THAT INSURANCE AGENTS MAY BE REIMBURSED BY PREMIUM SERVICE COMPANIES FOR EXPENSES AND SERVICES RENDERED IN PREPARING, PROCESSING, AND HANDLING PREMIUM SERVICE AGREEMENTS.

Referred to Committee on Labor, Commerce and Industry.

OBJECTION TO RECALL

Rep. GREGORY asked unanimous consent to recall H. 3772 from the Committee on Judiciary.

Rep. J. BRADLEY objected.

OBJECTION TO RECALL

Rep. LOCKEMY asked unanimous consent to recall H. 3778 from the Committee on Judiciary.

Rep. KLAPMAN objected.

H. 2915--DEBATE ADJOURNED

Rep. McEACHIN moved to adjourn debate upon the following Joint Resolution, which was adopted.

H. 2915 -- Rep. McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO DELETE OBSOLETE LANGUAGE AND LIMIT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY TO FORTY LEGISLATIVE DAYS UNLESS EXTENDED BY A VOTE OF THREE-FOURTHS OF THE MEMBERS ELECTED TO BOTH HOUSES.

H. 3766--DEBATE ADJOURNED

Rep. PEARCE moved to adjourn debate upon the following Joint Resolution, which was adopted.

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.

H. 3824--ADOPTED

Debate was resumed on the following Resolution, the pending question being the consideration of the Resolution, Rep. FOXWORTH having the floor.

H. 3824 -- Reps. Keyserling, J.H. Burriss, J. Harris, T. Rogers and Shelton: A HOUSE RESOLUTION INVITING GIAN CARLO MENOTTI, ARTISTIC DIRECTOR AND FOUNDER OF THE SPOLETO FESTIVAL U.S.A., TO ADDRESS THE HOUSE OF REPRESENTATIVES IN THE HALL OF THE HOUSE AT 11:00 A.M. ON THURSDAY, MAY 15, 1986.
Be it resolved by the House of Representatives:

That Gian Carlo Menotti, Artistic Director and Founder of the Spoleto Festival U.S.A., is invited to address the House of Representatives in the Hall of the House at 11:00 a.m. on Thursday, May 15, 1986.

Rep. FOXWORTH continued speaking.

The Resolution was adopted.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. L. MARTIN.

H. 2003--TABLED

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

H. 2003 -- Reps. White and P. Bradley: A BILL TO AMEND SECTION 56-5-4450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIMES WHEN VEHICLES MUST BE EQUIPPED WITH LIGHTS, SO AS TO PROVIDE THAT LIGHTS MUST BE TURNED ON AT ANY TIME WHEN THE VEHICLE'S WINDSHIELD WIPERS ARE IN USE, ARE REQUIRED TO BE IN USE, OR IT IS RAINING OR THERE IS FOG IN THE DRIVING ZONE, AND TO APPLY THE SECTION'S REQUIREMENTS TO ROADS AND STREETS IN ADDITION TO HIGHWAYS.

Rep. WINSTEAD moved to adjourn debate upon the Bill until Tuesday, May 13.

Rep. HEARN moved that the House do now adjourn.

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

Yeas 25; Nays 59

Those who voted in the affirmative are:

Alexander              Blackwell              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Dangerfield            Foxworth
Gregory                Griffin                Hearn
Helmly                 Johnson, J.C.          Kay
Koon                   Mangum                 Martin, L.
Mattos                 McAbee                 Mitchell
Rhoad                  Rice                   Rogers, T.
Woodruff

Total--25

Those who voted in the negative are:

Altman                 Anderson, J.           Arthur, J.
Aydlette               Bailey, K.             Barfield
Beasley                Bradley, J.            Brett
Brown, H.              Brown, J.              Brown, R.
Cleveland              Cooper                 Davenport
Day                    Derrick                Edwards
Elliott                Evatt                  Faber
Fair                   Ferguson               Freeman
Gentry                 Harris, J.             Hawkins
Hayes                  Hendricks, B.          Huff
Johnson, J.W.          Jones                  Klapman
Lake                   Lockemy                Martin, D.
McBride                McEachin               McLellan
McTeer                 Moss                   Neilson
Ogburn                 Pearce                 Petty
Russell                Sharpe                 Sheheen
Shelton                Simpson                Stoddard
Taylor                 Thrailkill             Townsend
Tucker                 Washington             Wilkins
Williams               Winstead

Total--59

So the House refused to adjourn.

The question then recurred to the motion to adjourn debate until Tuesday, May 13, which was rejected.

Rep. LOCKEMY moved to table the Bill which was agreed to by a division vote of 36 to 33.

H. 2436--TABLED

The following Bill was taken up.

H. 2436 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION PAID FOR LOSS OF HEARING AND OTHER INJURIES, SO AS TO DELETE THE PROVISION THAT THE INDUSTRIAL COMMISSION DETERMINE THE BENEFITS FOR TOTAL OR PARTIAL LOSS OF HEARING AND INSTEAD PROVIDE THAT THE LOSS BE COMPUTED IN ACCORDANCE WITH SECTION 42-11-197; AND TO AMEND THE 1976 CODE BY ADDING SECTION 42-11-197, SO AS TO PROVIDE THAT LOSS OF HEARING CAUSED BY HARMFUL NOISES IN EMPLOYMENT IS AN OCCUPATIONAL DISEASE WITHIN THE WORKERS' COMPENSATION LAWS AND TO PROVIDE A PROCEDURE FOR DETERMINING THE LOSS, THE PAYMENT, AND THE PERIOD OF BENEFITS.

Rep. T. ROGERS moved to adjourn debate upon the Bill until Tuesday, May 13th.

Rep. J. BRADLEY moved to table the Bill.

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

Yeas 43; Nays 39

Those who voted in the affirmative are:

Arthur, J.             Bailey, G.             Bailey, K.
Barfield               Beasley                Bradley, J.
Brown, J.              Chamblee               Cooper
Day                    Faber                  Ferguson
Freeman                Gentry                 Gregory
Griffin                Hawkins                Hayes
Hendricks, B.          Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Keyserling
Klapman                Limehouse              Lockemy
McBride                McTeer                 Neilson
Rogers, J.             Rogers, T.             Short
Simpson                Stoddard               Taylor
Townsend               Tucker                 Washington
Wilkins                Williams               Winstead
Woodruff

Total--43

Those who voted in the negative are:

Alexander              Aydlette               Bennett
Blackwell              Blanding               Brett
Brown, H.              Burriss, M.D.          Burriss, T.M.
Carnell                Cleveland              Dangerfield
Davenport              Derrick                Edwards
Elliott                Evatt                  Fair
Foxworth               Harris, J.             Hearn
Helmly                 Kay                    Kirsh
Koon                   Lake                   Martin, D.
Martin, L.             Mattos                 McEachin
McLellan               Ogburn                 Petty
Phillips, O.           Rice                   Sharpe
Sheheen                Shelton                Thrailkill

Total--39

So, the Bill was tabled.

RECORD FOR VOTING

I wish to be recorded as voting in favor of tabling H. 2436.
REP. LARRY MITCHELL

H. 2130--TABLED

The following Bill was taken up.

H. 2130 -- Reps. Hearn, Tucker, Cork, Simpson, Thrailkill, Snow, Sharpe, Foxworth, Jones, T.M. Burriss and G. Bailey: A BILL TO AMEND SECTIONS 24-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO PROVIDE FOR THE EXECUTION OF THE DEATH PENALTY BY THE INTRAVENOUS INJECTION OF A LETHAL DRUG INSTEAD OF BY ELECTROCUTION AND DELETE CERTAIN LANGUAGE; 24-3-540, RELATING TO THE DEATH CHAMBER AND THE EXPENSES INCURRED IN TRANSPORTING THE CRIMINAL TO THE PLACE OF EXECUTION, SO AS TO, AMONG OTHER THINGS, DELETE THE REFERENCE TO ELECTROCUTION; AND 24-3-550, RELATING TO WITNESSES AT THE EXECUTION, SO AS TO ELIMINATE A REFERENCE TO THE ELECTRICIAN OF THE DEPARTMENT OF CORRECTIONS.

Rep. WASHINGTON moved to table the Bill.

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

Yeas 57; Nays 33

Those who voted in the affirmative are:

Altman                 Arthur, J.             Aydlette
Bailey, K.             Beasley                Blackwell
Blanding               Bradley, J.            Brett
Brown, J.              Brown, R.              Burriss, M.D.
Carnell                Chamblee               Cooper
Day                    Derrick                Edwards
Evatt                  Faber                  Fair
Ferguson               Gentry                 Gregory
Griffin                Huff                   Johnson, J.C.
Johnson, J.W.          Kirsh                  Klapman
Koon                   Lake                   Limehouse
Lockemy                Mangum                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McLeod                 McTeer
Mitchell               Moss                   Neilson
Rhoad                  Rogers, J.             Sheheen
Short                  Stoddard               Taylor
Townsend               Washington             Wilkins
Williams               Winstead               Woodruff

Total--57

Those who voted in the negative are:

Alexander              Bailey, G.             Barfield
Bennett                Brown, H.              Burriss, J.H.
Burriss, T.M.          Cleveland              Dangerfield
Davenport              Foster                 Foxworth
Freeman                Harris, J.             Hawkins
Hayes                  Hearn                  Helmly
Hendricks, B.          Jones                  Kay
Keyserling             McEachin               McLellan
Ogburn                 Pearce                 Petty
Rice                   Rogers, T.             Sharpe
Simpson                Thrailkill             Tucker

Total--33

So, the Bill was tabled.

H. 2016--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 2016 -- Reps. Taylor, M.D. Burriss and P. Bradley: A BILL TO PROVIDE THAT IF THE FILING PERIOD IS THE SAME FOR ELECTION TO THE STATE SENATE, THE STATE HOUSE OF REPRESENTATIVES, AND ANY OTHER MULTICOUNTY OR STATEWIDE OFFICE, A PERSON MAY ONLY FILE FOR ELECTION TO ONE SUCH OFFICE, AND TO PROVIDE THAT IF THE FILING PERIODS FOR THESE OFFICES ARE DIFFERENT, A PERSON MUST FIRST WITHDRAW HIS CANDIDACY FOR ONE OF THESE OFFICES PREVIOUSLY FILED FOR BEFORE HE MAY FILE FOR THE OTHER OFFICE.

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

POINT OF ORDER

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

Rep. J. BRADLEY moved that the House recede until 3:00 and thereupon stand adjourned.

POINT OF ORDER

Rep. BEASLEY raised the Point of Order that the motion was a double-barrelled one, and was therefore out of order.

ACTING SPEAKER SHEHEEN sustained the Point of Order.

Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1441C), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/SECTION 1. If the time of election is the same for any two offices, a person may only file for election to one such office. This includes all elections, special or general and primaries.

Whenever a nominee for any office (1) receives a nomination for a second office or (2) becomes a petition candidate for a second office, he shall first withdraw his nomination for the earlier office by submitting a written statement of withdrawal to the appropriate election officials. This withdrawal does not entitle the person to a refund of the filing fee previously paid. The election officials shall cause the name of this person to be removed from the ballot insofar as it applies to his election to the earlier office. If no other individuals had filed for election to this earlier office and the filing period for it has closed, the filing period for this office only may be reopened for a period not to exceed one week for additional filings of candidacy./

Amend title to conform.

Rep. FREEMAN explained the amendment.

Rep. WASHINGTON moved that the House do now adjourn.

POINT OF ORDER

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

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

Yeas 30; Nays 63

Those who voted in the affirmative are:

Alexander              Aydlette               Bennett
Blanding               Boan                   Bradley, J.
Brown, R.              Burriss, T.M.          Carnell
Chamblee               Cleveland              Dangerfield
Day                    Foxworth               Gregory
Griffin                Harris, P.             Johnson, J.C.
Kohn                   Koon                   Mangum
Martin, L.             McAbee                 McLeod
Rhoad                  Rice                   Short
Washington             Williams               Winstead

Total--30

Those who voted in the negative are:

Schwartz               Altman                 Arthur, J.
Bailey, G.             Bailey, K.             Barfield
Blackwell              Brett                  Brown, H.
Brown, J.              Burriss, J.H.          Burriss, M.D.
Cooper                 Davenport              Derrick
Edwards                Elliott                Evatt
Faber                  Fair                   Foster
Freeman                Gentry                 Harris, J.
Hawkins                Hayes                  Hearn
Hendricks, B.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Lake                   Limehouse
Lockemy                Martin, D.             McBride
McEachin               McLellan               McTeer
Mitchell               Moss                   Neilson
Ogburn                 Pearce                 Petty
Phillips, L.           Rawl                   Rogers, T.
Russell                Sharpe                 Sheheen
Shelton                Simpson                Stoddard
Taylor                 Thrailkill             Townsend
Tucker                 Wilkins                Woodruff

Total--63

So, the House refused to adjourn.

Rep. WASHINGTON moved to table the amendment.

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

Yeas 3; Nays 60

Those who voted in the affirmative are:

Foxworth               Washington             Williams

Total--3

Those who voted in the negative are:

Schwartz               Alexander              Altman
Bailey, G.             Bailey, K.             Barfield
Blackwell              Brett                  Brown, H.
Brown, J.              Brown, R.              Burriss, J.H.
Burriss, T.M.          Carnell                Chamblee
Cleveland              Cooper                 Dangerfield
Davenport              Day                    Derrick
Edwards                Evatt                  Fair
Foster                 Freeman                Gentry
Gregory                Harris, J.             Hawkins
Hayes                  Hearn                  Hendricks, B.
Johnson, J.C.          Johnson, J.W.          Kay
Kirsh                  Klapman                Koon
Limehouse              Lockemy                Mangum
Martin, D.             Martin, L.             McAbee
McEachin               McTeer                 Moss
Ogburn                 Petty                  Phillips, L.
Rhoad                  Russell                Sheheen
Simpson                Taylor                 Thrailkill
Townsend               Tucker                 Wilkins

Total--60

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. WASHINGTON moved to table the Bill which was not agreed to.

Rep. WASHINGTON spoke against the Bill.

Rep. WILLIAMS moved that the House do now adjourn.

POINT OF ORDER

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

Rep. WASHINGTON continued speaking.

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

POINT OF ORDER

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

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

Yeas 41; Nays 51

Those who voted in the affirmative are:

Alexander              Arthur, J.             Aydlette
Bailey, K.             Barfield               Bennett
Blanding               Boan                   Bradley, J.
Brett                  Brown, H.              Brown, J.
Burriss, J.H.          Carnell                Chamblee
Cleveland              Cork                   Dangerfield
Elliott                Faber                  Fair
Foxworth               Gregory                Harris, J.
Harris, P.             Johnson, J.C.          Jones
Kohn                   Lake                   Mangum
Martin, D.             Martin, L.             McAbee
Rogers, J.             Short                  Stoddard
Tucker                 Washington             Williams
Winstead               Woodruff

Total--41

Those who voted in the negative are:

Schwartz               Altman                 Anderson, J.
Bailey, G.             Blackwell              Bradley, P.
Brown, R.              Burriss, M.D.          Burriss, T.M.
Cooper                 Davenport              Day
Derrick                Edwards                Felder
Ferguson               Foster                 Freeman
Gentry                 Hawkins                Hayes
Hearn                  Hendricks, B.          Huff
Johnson, J.W.          Kay                    Keyserling
Kirsh                  Klapman                Limehouse
Lockemy                McBride                McEachin
McLellan               McTeer                 Mitchell
Moss                   Ogburn                 Pearce
Petty                  Phillips, L.           Rawl
Rogers, T.             Russell                Sheheen
Shelton                Simpson                Taylor
Thrailkill             Townsend               Wilkins

Total--51

So, the House refused to adjourn.

Rep. WASHINGTON continued speaking.

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

Yeas 38; Nays 44

Those who voted in the affirmative are:

Aydlette               Bailey, G.             Bailey, K.
Barfield               Beasley                Bradley, J.
Brown, J.              Brown, R.              Day
Derrick                Elliott                Faber
Felder                 Ferguson               Foxworth
Gregory                Harris, J.             Hawkins
Johnson, J.C.          Lockemy                Martin, D.
McAbee                 McBride                McEachin
McLeod                 Mitchell               Moss
Neilson                Ogburn                 Rawl
Rogers, J.             Russell                Shelton
Stoddard               Washington             Williams
Winstead               Woodruff

Total--38

Those who voted in the negative are:

Alexander              Arthur, J.             Blackwell
Bradley, P.            Brett                  Brown, H.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Chamblee               Cleveland              Cooper
Cork                   Davenport              Edwards
Evatt                  Foster                 Freeman
Gentry                 Hayes                  Hearn
Hendricks, B.          Hendricks, L.          Huff
Kay                    Keyserling             Kirsh
Klapman                Limehouse              Mangum
Martin, L.             Mattos                 McLellan
McTeer                 Pearce                 Petty
Phillips, L.           Rice                   Sheheen
Simpson                Taylor                 Townsend
Tucker                 Wilkins

Total--44

So, the House refused to continue the Bill.

Rep. WASHINGTON continued speaking and moved to continue the Bill.

POINT OF ORDER

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

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

POINT OF ORDER

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

Rep. TAYLOR spoke in favor of the Bill.

Rep. WASHINGTON moved that the House do now adjourn.

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

Yeas 58; Nays 36

Those who voted in the affirmative are:

Schwartz               Alexander              Altman
Arthur, J.             Aydlette               Bailey, G.
Bailey, K.             Barfield               Bennett
Blanding               Boan                   Bradley, J.
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, J.H.          Carnell
Chamblee               Cleveland              Cork
Dangerfield            Davenport              Day
Elliott                Faber                  Ferguson
Foxworth               Gregory                Harris, P.
Hawkins                Hendricks, B.          Hendricks, L.
Johnson, J.C.          Kohn                   Koon
Lake                   Mangum                 Martin, D.
Martin, L.             McAbee                 McLeod
McTeer                 Mitchell               Pearce
Phillips, L.           Rawl                   Rice
Rogers, J.             Shelton                Simpson
Stoddard               Thrailkill             Tucker
Washington             Williams               Winstead
Woodruff

Total--58

Those who voted in the negative are:

Anderson, J.           Beasley                Blackwell
Bradley, P.            Brett                  Burriss, M.D.
Cooper                 Edwards                Fair
Foster                 Freeman                Gentry
Harris, J.             Hayes                  Hearn
Huff                   Johnson, J.W.          Kay
Keyserling             Kirsh                  Klapman
Limehouse              Lockemy                McBride
McEachin               Moss                   Neilson
Ogburn                 Petty                  Rogers, T.
Russell                Sharpe                 Sheheen
Taylor                 Townsend               Wilkins

Total--36

So, the motion to adjourn was agreed to.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3821 -- Rep. McEachin: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 13, 1986.

ADJOURNMENT

At 3:35 P.M. the House in accordance with the motion of Rep. WASHINGTON adjourned to meet at 10:00 A.M. tomorrow.

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