HOUSE JOURNAL for May 20, 1986 - South Carolina Legislature Online

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

TUESDAY, MAY 20, 1986

Tuesday, May 20, 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:

We thank You, Heavenly Father, for refreshing showers with which You water the earth making green the fields, bringing production to fruit bearing trees, and an abundance to blooming plants. We praise You for provisions sufficient for the care of this good earth. As the raindrops on the rooftops cannot be counted, so Your blessings toward us are without number. The brilliance of the sunshine reminds us of the brightness of Your countenance, the wide expanse of the blue sky above tells us of the broadness of Your love.

In gratitude to our Heavenly Father, we would be good and faithful stewards of Your limitless blessings to us. 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. PEARCE.

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

INVITATION

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

May 19, 1986
The Honorable Liston Barfield
Invitations Committee
Suite 518, Blatt Building
Columbia, S.C. 29211

Dear Rep. Barfield:

Members of the House are cordially invited to attend a Sine Die Party on Tuesday, June 3, 1986 at 7:30 at Broad River Township Clubhouse. We are looking forward to this occasion and hope everyone will be able to attend.

Sincerely,
A Group of Friends

INVITATION

The following was received.

May 16, 1986
The Honorable Liston D. Barfield, Chairman
Invitations and Memorial Resolutions Committee
Suite 518 Sol Blatt Building
Columbia, S.C. 29202

Dear Mr. Barfield:

The committee to plan the unveiling of the portrait of the Honorable Ramon Schwartz, Jr., cordially invites the members of the House and staff to the unveiling ceremony on Tuesday, May 27, 1986 at 4:30 p.m. in the House Chambers. Following the ceremony a reception will be held at Carolina Park from 6:00 p.m. to 8:00 p.m.

We look forward to having you join us for this very special occasion.

Sincerely,
Rex L. Carter, Chairman
Committee to plan unveiling of
the portrait ceremony and
reception

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

RULES AND REGULATIONS RECEIVED

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 14, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives (Doc. No. 671)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 14, 1986 regulations concerning Fire Extinguishers - Portable and fixed Station from the State Budget and Control Board.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 14, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives (Doc. No. 694)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 14, 1986 regulations concerning Test Security from the Department of Education.

They are hereby referred to the Committee on Education and Public Works for consideration.

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 19, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives (Doc. No. 721)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 15, 1986 regulations concerning Closed Circuit TV; Kick Boxing Fuel Contact Karate; Wrestling; Professional Boxing and Sparring Events; from the State Athletic (Boxing) Commission.

They are hereby referred to the Committee on Interstate Cooperation for consideration.

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 14, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives (Doc. No. 724)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 14, 1986 regulations concerning Promotion Policy from the Department of Education.

They are hereby referred to the Committee on Education and Public Works for consideration.

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 19, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives (Doc. No. 745)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 19, 1986 regulations concerning management and protection of Flat Creek/Forty Acre Rock Natural Area in Lancaster County from the South Carolina Wildlife and Marine Resources Department.

They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 19, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives (Doc. No. 747)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 19, 1986 regulations concerning use of watercraft in the waters in a certain portion of Battery Creek, Beaufort County, SC from the South Carolina Wildlife and Marine Resources Department.

They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

H. 2002--COMMITTEE OF CONFERENCE APPOINTED

The following was taken up.

H. 2002 -- Rep. White: A BILL TO PROVIDE FOR REGISTRATION OF ELECTORS BY MAIL.

Whereupon, the Chair appointed Reps. HUFF, FELDER and WHITE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., May 13, 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 H. 2818:

H. 2818 -- Reps. Wilkins, Evatt, Beasley and Alexander: A BILL TO AMEND SUBARTICLE 3 OF ARTICLE 13 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S BUREAU, BY ADDING SECTION 20-7-2327 SO AS TO PROVIDE FOR THE PLACEMENT OF CHILDREN BY THE CHILDREN'S BUREAU; BY ADDING SECTION 20-7-2335 SO AS TO PROVIDE FOR THE REQUIREMENTS OF PLACEMENT; BY ADDING SECTION 20-7-2337 SO AS TO PROVIDE FOR THE CONTENTS OF RECORDS OF PLACEMENT; BY ADDING SECTION 20-7-2345 SO AS TO PROVIDE FOR THE CHILDREN'S BUREAU TO BE THE GUARDIAN OF CHILDREN COMMITTED TO ITS CARE AND TO REQUIRE THE CHILDREN'S BUREAU'S CONSENT TO ADOPTION OF THE CHILDREN; BY ADDING SECTION 20-7-2355 SO AS TO PROVIDE FOR THE REQUIREMENTS RELATING TO REMOVAL OF CHILDREN FROM THE BIOLOGICAL MOTHER; AND BY ADDING SECTION 20-7-2365 SO AS TO REQUIRE NOTIFICATION TO THE CHILDREN'S BUREAU OF CHILDREN BROUGHT INTO THIS STATE AND REPORTS ON THE LOCATION AND WELL-BEING OF THE CHILDREN; TO AMEND SUBARTICLE 7 OF ARTICLE 11 OF CHAPTER 7 OF TITLE 20, RELATING TO ADOPTION, SO AS TO PROVIDE FOR THE SUBARTICLE TO BE CITED AS THE SOUTH CAROLINA ADOPTION ACT; TO ESTABLISH THE PURPOSE OF THE SUBARTICLE; TO DEFINE TERMS; TO SET FORTH NEW PROVISIONS AS TO WHO MAY ADOPT A CHILD; TO DELETE THE PROVISIONS DETAILING CERTAIN REQUIREMENTS OF ADOPTION PROCEEDINGS; TO PROVIDE FOR THE FAMILY COURT TO HAVE EXCLUSIVE JURISDICTION OVER ADOPTION PROCEEDINGS AND WHERE THE PROCEEDINGS MAY BE BROUGHT; TO PROVIDE WHO SHALL GIVE CONSENT OR RELINQUISHMENT FOR THE PURPOSE OF ADOPTION; TO PROVIDE WHO MUST BE GIVEN NOTICE OF ADOPTION PROCEEDINGS AND FOR THE REQUIREMENTS OF THE NOTICE; TO PROVIDE FOR NOTICE OF INTENT TO CONTEST, INTERVENE, OR OTHERWISE RESPOND; TO PROVIDE FOR THE ASSESSMENT OF ALL COSTS, NOT ONLY INCIDENTAL COSTS, FOR THE RELEASE OF A CHILD; TO PROVIDE WHO IS NOT REQUIRED TO GIVE CONSENT OR RELINQUISHMENT; TO REQUIRE CONSENTS OR RELINQUISHMENTS TO BE MADE BY A SWORN DOCUMENT TO BE FILED IN COURT, FOR THE SPECIFICATIONS OF THE DOCUMENT, AND FOR WITNESSING OF THE DOCUMENT; TO PROVIDE WHEN CONSENTS OR RELINQUISHMENTS MAY BE GIVEN; TO ALLOW WITHDRAWAL OF CONSENTS OR RELINQUISHMENTS AND TO REQUIRE FILING IN COURT OF REASONS FOR WITHDRAWAL; TO DELETE THE REFERENCES TO INTERLOCUTORY ADOPTION DECREE; TO DELETE THE REQUIREMENT THAT ADOPTION PETITIONS MUST BE FILED IN DUPLICATE; TO PROVIDE FOR THE CONTENTS OF AN ADOPTION PETITION AND THE INFORMATION WHICH MUST BE FILED WITH THE PETITION; TO PROVIDE FOR APPOINTMENT OF A GUARDIAN AD LITEM; TO PROVIDE WHO IS NOT ENTITLED TO NOTICE OF ADOPTION PROCEEDINGS; TO PROVIDE FOR THE ESTABLISHMENT OF THE PUTATIVE FATHER REGISTRY BY THE CHILDREN'S BUREAU, WHO IS INCLUDED IN THE REGISTRY, FOR REQUIREMENTS OF THE REGISTRY, AND FOR THE PROMULGATION OF REGULATIONS RELATING TO THE REGISTRY; TO PROVIDE FOR TEMPORARY CUSTODY OF THE ADOPTEE; TO PROVIDE NEW REQUIREMENTS FOR THE CONTENTS OF REPORTS ON PREPLACEMENT, BACKGROUND, AND POSTPLACEMENT INVESTIGATIONS, WHICH MUST BE COMPLETED PRIOR TO THE FINAL HEARING FOR ADOPTION OF A CHILD; TO DELETE THE PROVISIONS SETTING FORTH ADOPTION REQUIREMENTS WHEN THE CHILD IS RELATED BY BLOOD OR MARRIAGE TO THE PETITIONER OR IS THE STEPCHILD OF THE PETITIONER; TO REQUIRE CERTIFICATION OF ANY PERSON INVESTIGATING THE ADOPTION OF A CHILD OR OBTAINING A CONSENT OR RELINQUISHMENT, PROVIDE FOR PROMULGATION OF REGULATIONS RELATING TO CERTIFICATION, ALLOW CERTIFIED PERSONS TO CHARGE FEES, AND PROVIDE FOR A DIRECTORY OF CERTIFIED PERSONS; TO PROVIDE NEW REQUIREMENTS FOR FINAL HEARINGS ON ADOPTION PETITIONS; TO PROVIDE FOR THE CONDITIONS UNDER WHICH ADOPTIONS MAY BE GRANTED; TO PROVIDE FOR THE REQUIREMENTS OF THE CONTENTS OF AN ADOPTION DECREE; TO PROVIDE FOR THE EFFECTS OF AN ADOPTION DECREE ON THE ADOPTEE, THE ADOPTIVE PARENT, AND THE BIOLOGICAL PARENTS OF THE ADOPTEE; TO REQUIRE AN ACCOUNTING OF DISBURSEMENTS MADE IN CONNECTION WITH THE ADOPTION, WHICH MUST BE VERIFIED BY THE PETITIONER, AND PROVIDE FOR ITS CONTENTS; TO REQUIRE THE CONFIDENTIALITY OF PAPERS AND RECORDS PERTAINING TO THE ADOPTION; TO PROVIDE FOR ADDITIONAL NONIDENTIFYING INFORMATION WHICH MAY BE DISCLOSED; TO PROVIDE FOR APPEALS AS IN OTHER FAMILY COURT MATTERS INSTEAD OF CIVIL MATTERS; AND TO PROVIDE FOR THE REQUIREMENTS RELATING TO THE ADOPTION OF A SPOUSE'S CHILD AND ADULTS; AND TO REPEAL SECTIONS 20-7-1830 THROUGH 20-7-1890, RELATING TO THE CHILDREN'S BUREAU.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 75

Received as information.

H. 2314--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 13, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2314:

H. 2314 -- Rep. Fair: A BILL TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BICYCLES AND OTHER PLAY VEHICLES BY ADDING SECTION 56-5-3510 SO AS TO INCREASE THE LAWFUL AGE FOR THE OPERATION OF PEDAL BICYCLES WITH HELPER MOTORS RATED LESS THAN ONE HORSEPOWER (MOPEDS) FROM TWELVE TO FIFTEEN YEARS OF AGE, AND TO INCREASE THE PENALTY FOR VIOLATIONS; TO AMEND ARTICLE 1, CHAPTER 1 OF TITLE 56 RELATING TO DRIVERS' LICENSES BY ADDING SECTION 56-1-570 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF SECTION 56-5-3510 IS PROHIBITED FOR A PERIOD OF SIX MONTHS FROM THE DATE OF LAST CONVICTION FROM APPLYING FOR A DRIVER'S LICENSE; AND TO REPEAL ACT 287 OF 1973 AND ACT 156 OF 1977 WHICH NOW CONTAIN PROVISIONS REGULATING THE OPERATION OF THESE PEDAL BICYCLES.
and asks for a Committee of Conference and has appointed Senators Lourie, Leventis and Giese of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 73

Whereupon, the Chair appointed Reps. FAIR, R. BROWN and GORDON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

STATEMENT BY REP. FREEMAN

Rep. FREEMAN, with unanimous consent, made a statement relative to the House attorneys representing Reps. FREEMAN and ALTMAN regarding the Coastal Council.

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

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.

Rep. FAIR explained the amendment.

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.

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 2825 -- Rep. Hawkins: A BILL TO AMEND SECTION 13-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROL AND REGULATION OF RADIATION SOURCES, SO AS TO PROVIDE FOR THE REGULATIONS TO ESTABLISH QUALIFICATIONS OF OPERATORS OF SOURCES OF IONIZING RADIATION.

H. 3430--NON-CONCURRENCE IN SENATE AMENDMENTS

On motion of Rep. EVATT the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.

H. 3430 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 20-7-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS AND TO THE NONDISCLOSURE OF IDENTIFIABLE INFORMATION PERTAINING TO JUVENILES SO AS TO PERMIT THE DEPARTMENT OF YOUTH SERVICES TO PHOTOGRAPH JUVENILES IN ADDITION TO ITS AUTHORITY TO FINGERPRINT JUVENILES, TO ALLOW THE DEPARTMENT TO FURNISH THESE PHOTOGRAPHS AND FINGERPRINTS TO LAW ENFORCEMENT AGENCIES AND THE MISSING PERSONS INFORMATION CENTER FOR CERTAIN PURPOSES, AND TO DELETE OUTDATED REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE.

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3506 -- Rep. Sheheen: A BILL TO REPEAL CHAPTER 29 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF MASSEURS AND MASSEUSES.

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 2538 -- Rep. Thrailkill: A BILL TO AMEND SECTION 12-35-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCOMMODATIONS TAX, SO AS TO INCREASE THE NUMBER OF MEMBERS OF ADVISORY COMMITTEES FROM NOT LESS THAN FIVE TO SEVEN AND TO PROVIDE THAT ON COUNTY ADVISORY COMMITTEES, CITIZENS OF THE AREA WHERE THE MAJORITY OF THE REVENUE DERIVED FROM THE TAX RESIDE MAY BE INCLUDED IN THE MAJORITY MEMBERSHIP REQUIREMENT.

REPORTS OF STANDING COMMITTEES

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

S. 1166 -- Senators Moore, Drummond and Setzler: A JOINT RESOLUTION TO PROVIDE FOR THE HANDLING OF CERTAIN OIL OVERCHARGE REFUND MONIES, INCLUDING THE IMPOSITION OF DUTIES AND RESPONSIBILITIES UPON THE JOINT LEGISLATIVE COMMITTEE ON ENERGY; TO REQUIRE THAT ANY STATE AGENCY, BOARD, COMMISSION, INSTITUTION, OR OTHER ENTITY FUNDED FROM THE GENERAL FUND OF THE STATE WHICH RECEIVES A FINANCIAL GAIN AS A RESULT OF ENERGY EFFICIENCY IMPROVEMENTS UNDERTAKEN AS A RESULT OF THE STATE'S ENERGY PROGRAMS MUST BE EVALUATED AS TO THE ACTUAL ANNUAL DOLLAR SAVINGS ATTAINED; TO PROVIDE FOR THE REPORTING OF THE COST SAVINGS; TO PROVIDE FOR THE DEPOSIT OF OIL OVERCHARGE FUNDS IN INTEREST-BEARING ACCOUNTS AND FOR THE EARMARKING OF INTEREST EARNED; AND TO PROVIDE, AMONG OTHER THINGS, THAT THE STATE AUDITOR SHALL CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT AND BUDGET ADEQUATE FUNDS TO COVER ITS COST.

Ordered for consideration tomorrow.

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

S. 1264 -- Senator McConnell: A BILL TO AMEND SECTIONS 41-18-40, 41-18-80, AND 41-18-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO DEFINE SPECIAL INSPECTOR, PROVIDE THAT AN AMUSEMENT DEVICE BE INSPECTED BY A SPECIAL INSPECTOR INSTEAD OF BY THE COMMISSIONER OF THE DEPARTMENT OF LABOR FOR AN INITIAL PERMIT AND INSPECTED BY AN ARCHITECT, PROFESSIONAL ENGINEER, OR AN INSPECTOR OF AN INSURANCE UNDERWRITER FOR A SUBSEQUENT PERMIT, AND TO DELETE THE PROVISION THAT FEES ESTABLISHED BY THE COMMISSIONER OF LABOR MUST BE BASED ON COST OF ADMINISTERING THE PROVISIONS OF THE AMUSEMENT RIDES SAFETY CODE WHICH MUST NOT EXCEED FIFTY DOLLARS.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 2301 -- Reps. Pearce, Boan, McBride, Cooper, Bennett, Rhoad and McEachin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES, SO AS TO PROVIDE THAT PERSONAL MOTOR VEHICLES OWNED JOINTLY BY PERSONS REQUIRED TO USE WHEELCHAIRS ARE EXEMPT FROM STATE, COUNTY, AND MUNICIPAL TAXES; TO AMEND SECTION 56-3-1910, RELATING TO ISSUANCE OF SPECIAL LICENSE TAG FOR PERSONS REQUIRED TO USE WHEELCHAIRS, SO AS TO PROVIDE THAT THE TAG MAY BE ISSUED TO THE PERSON EVEN IF HE OWNS THE VEHICLE JOINTLY; AND TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR TAX YEARS BEGINNING AFTER DECEMBER 31, 1983.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 2960 -- Reps. Rhoad, Koon, Gilbert, R. Brown, Townsend, Chamblee, Cork, Toal, Waldrop, McLeod, Tucker, Williams, Taylor, Altman, Harvin, McBride, Woods, Rice, Felder, Nettles, McAbee, Stoddard and O. Phillips: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX MACHINES USED BY FARMERS FOR GRINDING GRAIN FOR HOG PRODUCTION.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3001 -- Reps. Hearn, Moss, Shelton, J. Harris, Keyserling, M.D. Burriss, Toal and Neilson: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES SO AS TO PROVIDE THAT SICK LEAVE MAY BE TAKEN BY AN EMPLOYEE WHEN A MEMBER OF HIS IMMEDIATE FAMILY IS SICK AND IT IS NECESSARY FOR THE EMPLOYEE TO PROVIDE CARE TO HIS FAMILY MEMBER, AND TO DEFINE THE TERM "IMMEDIATE FAMILY" FOR PURPOSES OF THE ABOVE PROVISION.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3183 -- Reps. Hayes and Foster: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT SALES OF KEROSENE IN QUANTITIES OF TWENTY GALLONS OR LESS ARE CONSIDERED USED FOR RESIDENTIAL HEATING PURPOSES AND TO MAKE OTHER TECHNICAL CHANGES, AND TO REPEAL SECTION 4, PART II, OF ACT 199 OF 1979 (THE GENERAL APPROPRIATIONS ACT), RELATING TO RESIDENTIAL HEATING FUEL SALES TAX EXEMPTION.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3344 -- Reps. Williams and Day: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-665 SO AS TO ESTABLISH AN ANNUAL REGISTRATION AND LICENSE FEE OF TEN DOLLARS FOR PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER FOR ONE PERSONAL TRUCK UNDER EIGHT THOUSAND POUNDS GROSS WEIGHT AND AN EMPTY WEIGHT OF FIVE THOUSAND POUNDS OR LESS.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3412 -- Reps. Mangum, Kirsh, McTeer and Elliott: A BILL TO AMEND SECTION 12-3-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR OBTAINING PROPERTY TAX EXEMPTION, SO AS TO PROVIDE FOR A FILING PERIOD FROM JANUARY FIRST TO APRIL FIFTEENTH FOR PROPERTY OWNED ON DECEMBER THIRTY-FIRST OF THE PREVIOUS YEAR AND TO CLARIFY FILING PROCEDURES FOR VARIOUS EXEMPT ENTITIES.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3560 -- Reps. Hearn, Sharpe, M.D. Burriss, Koon, Faber, McBride, J.H. Burriss, Sturkie, Jones and Woodruff: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION, SO AS TO MAKE DEAF MUTES ELIGIBLE FOR THE EXEMPTION.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3567 -- Reps. Edwards and P. Harris: A JOINT RESOLUTION TO PROVIDE FOR THE HANDLING OF CERTAIN OIL OVERCHARGE REFUND MONIES, INCLUDING THE IMPOSITION OF DUTIES AND RESPONSIBILITIES UPON THE JOINT LEGISLATIVE COMMITTEE ON ENERGY; TO REQUIRE THAT ANY STATE AGENCY, BOARD, COMMISSION, INSTITUTION, OR OTHER ENTITY FUNDED FROM THE GENERAL FUND OF THE STATE WHICH RECEIVES A FINANCIAL GAIN AS A RESULT OF ENERGY EFFICIENCY IMPROVEMENTS UNDERTAKEN AS A RESULT OF THE STATE'S ENERGY PROGRAMS MUST BE EVALUATED AS TO THE ACTUAL ANNUAL DOLLAR SAVINGS ATTAINED; TO PROVIDE FOR THE REPORTING OF THE COST SAVINGS; TO PROVIDE FOR THE DEPOSIT OF OIL OVERCHARGE FUNDS IN INTEREST-BEARING ACCOUNTS AND FOR THE EARMARKING OF INTEREST EARNED; AND TO PROVIDE, AMONG OTHER THINGS, THAT THE STATE AUDITOR SHALL CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT AND BUDGET ADEQUATE FUNDS TO COVER ITS COST.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3801 -- Rep. McLellan: A BILL TO APPROPRIATE MONIES IN THE CAPITAL EXPENDITURE FUND FOR FISCAL YEAR 1986-87.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3387 -- Rep. Lewis: A BILL TO AMEND SECTION 31 OF PART II OF ACT 512 OF 1984 (THE GENERAL APPROPRIATIONS ACT), AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE ESTABLISHMENT OF A CONTINUING ACCOUNT UNDER THE STATE TREASURER FOR THE PURPOSE OF PROVIDING STATE MATCHING DISASTER ASSISTANCE FUNDS WHEN REQUIRED BY THE FEDERAL ENTITY PROVIDING THE FUNDS, SO AS TO PROVIDE THAT THE DISASTER ASSISTANCE MATCHING FUNDS IN THE ACCOUNT MAY ALSO BE USED TO COVER THOSE INDIVIDUAL AND FAMILY GRANT (IFG) PROGRAM ADMINISTRATIVE EXPENSES WHICH EXCEED THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) ADMINISTRATIVE EXPENSE ALLOWANCE.

Ordered for consideration tomorrow.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on May 20, 1986.

John Rogers                       Sterling Anderson
Larry Blanding                    James E. Lockemy
E. Crosby Lewis                   Tom G. Woodruff, Jr.
Jean L. Harris                    Lewis Phillips
A. Victor Rawl                    R.L. Helmly
Charles Griffin III               Dick Elliott
Lenoir Sturkie                    Philip T. Bradley

Total Present--117

LEAVES OF ABSENCE

The SPEAKER granted Reps. CORK and L. HENDRICKS a leave of absence for the week.

The SPEAKER granted Reps. MARCHANT and LIMEHOUSE a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Robert Wilson of Rock Hill is the Doctor of the Day for the General Assembly.

RULE 6.1 WAIVED

Rep. SHEHEEN moved to waive Rule 6.1, which was agreed to by a division vote of 67 to 11.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 20, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Horace C. Smith, Thomas E. Smith, Jr., and McConnell of the Committee of Free Conference on the part of the Senate on S. 459:

S. 459 -- Senators Horace C. Smith, Mitchell, Theodore, J. Verne Smith, Drummond, Newman, Doar, Waddell, Land, Nell Smith and Long: A BILL TO ENACT "THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT OF 1985" WHICH INCLUDES PROVISIONS TO AMEND CHAPTER 25 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION, BY ADDING ARTICLE 2 SO AS TO CREATE A COMMUNITY PENALTIES PROGRAM AND PROVIDE FOR GRANT FUNDING THROUGH THE OFFICE OF THE GOVERNOR; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 17, RELATING TO CRIMINAL JUDGMENT AND EXECUTION, BY ADDING SECTION 17-25-115 SO AS TO EMPOWER JUDGES SITTING IN GENERAL SESSIONS TO ORDER RESTITUTION AS A CONDITION OF PAROLE; TO AMEND TITLE 2, RELATING TO STATE GOVERNMENT BY ADDING CHAPTER 48 SO AS TO AUTHORIZE CERTAIN COST OF COURT FEES TO BE ASSESSED IN CRIMINAL CASES AND PROVIDE FOR THE USE OF THESE ASSESSMENTS FOR PRISONER INCARCERATION PURPOSES; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-31 TO AUTHORIZE THE PAYMENT OF GENERAL REVENUE FUNDS TO LOCAL GOVERNMENTS AS A SUBSIDY FOR INCREASES IN LOCAL INMATE POPULATIONS AND TO PROVIDE FOR SUBSIDY PAYMENTS BY THE DEPARTMENT OF CORRECTIONS TO LOCAL GOVERNMENTS TO MAINTAIN A DESIGNATED FACILITIES PROGRAM; TO AMEND CHAPTER 13 OF TITLE 24, RELATING TO PRISONERS, BY ADDING ARTICLE 11 SO AS TO ESTABLISH VOLUNTARY PROGRAMS FOR WORK/PUNISHMENT OF INMATES CONFINED TO LOCAL CORRECTIONAL FACILITIES; TO AMEND ARTICLE 3, CHAPTER 1 OF TITLE 42, RELATING TO WORKERS' COMPENSATION, BY ADDING SECTION 42-1-505 SO AS TO PROVIDE THAT PERSONS CONVICTED OF CRIME PARTICIPATING IN PUBLIC SERVICE AND COMMUNITY WORK PROGRAMS MAY BE COVERED UNDER WORKERS' COMPENSATION UNDER CERTAIN CONDITIONS; TO AMEND ARTICLE 7, CHAPTER 5 OF TITLE 22, RELATING TO MAGISTRATES' POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING SECTION 22-5-580 SO AS TO ESTABLISH A PRETRIAL CLASSIFICATION PROGRAM TO ASSIST MAGISTRATES WITH THE BAIL SETTING DECISIONS; TO AMEND CHAPTER 1 OF TITLE 23, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-225 SO AS TO AUTHORIZE CERTAIN SUBSIDY PAYMENTS TO LOCAL LAW ENFORCEMENT AGENCIES FOR CRIME PREVENTION PROGRAMS; TO AMEND SECTION 24-21-80, RELATING TO PROBATIONERS AND PAROLEES SO AS TO REQUIRE A WEEKLY SUPERVISORY FEE TO BE PAID BY OFFENDERS UNDER CERTAIN SUPERVISION OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; TO AMEND SECTION 2-7-72, RELATING TO FISCAL IMPACT STATEMENTS, SO AS TO REQUIRE CERTAIN BILLS OR RESOLUTIONS AFFECTING CRIMES, OFFENSES, OR THE CRIMINAL JUSTICE SYSTEM TO HAVE A FISCAL IMPACT STATEMENT CONTAINING SPECIFIED INFORMATION; TO AMEND ACT 418 OF 1984, RELATING TO VICTIMS AND WITNESSES SO AS TO AUTHORIZE GARNISHMENT OF WAGES OR THE PLACING OF CIVIL LIENS ON PROPERTY TO ENFORCE ORDERS OF RESTITUTION; TO AMEND SECTION 24-3-40, RELATING TO PRISONERS SO AS TO PROVIDE FOR CERTAIN WITHHOLDING FROM THE WAGES OF PRISONERS WORKING AT PAID EMPLOYMENT IN THE COMMUNITY FOR THE PURPOSE OF SUPPORTING VICTIM ASSISTANCE PROGRAMS; TO AMEND SECTION 24-3-30, RELATING TO THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS SO AS TO REVISE THE SENTENCES OF IMPRISONMENT WHICH MUST BE SERVED AT THE LOCAL LEVEL, AND PROVIDE THAT EACH COUNTY MUST MAINTAIN A FACILITY SUITABLE FOR CONFINEMENT; TO AMEND SECTION 24-21-13, RELATING TO PROBATION, PAROLE AND PARDON SO AS TO AUTHORIZE THE PAROLE AND COMMUNITY CORRECTIONS BOARD TO DEVELOP POLICIES FOR PUBLIC SERVICE WORK PROGRAMS FOR CERTAIN OFFENDERS; TO AMEND ARTICLE 2, CHAPTER 23 OF TITLE 24, RELATING TO SENTENCING AND PROBATION PROCEDURES BY ADDING SECTION 24-23-115; TO AMEND SECTION 20-7-1350, RELATING TO FAMILY COURTS SO AS TO PROVIDE THAT FAMILY COURT JUDGES ARE EMPOWERED TO UTILIZE CERTAIN UNPAID PUBLIC SERVICE WORK AS A PUNISHMENT FOR CONTEMPT OF COURT; TO AMEND SECTION 24-13-210, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR SO AS TO PROVIDE FOR GOOD BEHAVIOR CREDIT TO BE GIVEN TO PRISONERS INCARCERATED AT THE LOCAL LEVEL; TO AMEND SECTION 24-13-230, RELATING TO PRISONERS SO AS TO PROVIDE THAT INMATES SERVING SENTENCES IN LOCAL DETENTION FACILITIES SHALL EARN CREDITS AGAINST SENTENCE FOR PRODUCTIVE DUTY ASSIGNMENTS; TO AMEND SECTION 24-13-270, RELATING TO PRISONERS SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND LOCAL OFFICIALS MAY PERMIT THE RELEASE OF PRISONERS ON THE FIRST AND FIFTEENTH DAYS OF THE MONTH IN WHICH THEIR SENTENCES EXPIRE; AND TO REPEAL SECTION 17-25-90 RELATING TO THE REQUIRED PLACE TO SERVE CERTAIN SENTENCES; TO PROVIDE FOR A REVIEW OF THE EFFECTIVENESS OF THIS ACT BY THE BUDGET AND CONTROL BOARD PRIOR TO STATE FISCAL YEAR 1990-91.
Very respectfully,
President

No. 76

Received as information.

S. 459--FREE CONFERENCE POWERS GRANTED

Rep. SHEHEEN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

The yeas and nays were taken resulting as follows:

Yeas 101; Nays 1

Those who voted in the affirmative are:

Schwartz               Alexander              Altman
Anderson, J.           Anderson, S.           Arthur, J.
Arthur, W.             Bailey, G.             Bailey, K.
Barfield               Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Brett                  Brown, G.
Brown, H.              Brown, J.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Cooper
Dangerfield            Davenport              Day
Derrick                Edwards                Faber
Fair                   Felder                 Ferguson
Foster                 Foxworth               Freeman
Gentry                 Gilbert                Gordon
Harvin                 Hawkins                Hayes
Hearn                  Hendricks, B.          Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Kohn
Koon                   Lake                   Mangum
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McEachin
McKay                  McLellan               McLeod
McTeer                 Mitchell               Moss
Neilson                Nettles                Ogburn
Pearce                 Petty                  Phillips, O.
Rhoad                  Rice                   Rigdon
Rogers, J.             Rogers, T.             Russell
Sharpe                 Sheheen                Shelton
Short                  Simpson                Stoddard
Thrailkill             Toal                   Townsend
Tucker                 Waldrop                Washington
White                  Wilkins                Williams
Winstead               Woodruff

Total--101

Those who voted in the negative are:

Aydlette
Total--1

So, the Committee of Conference was thereby resolved into a Committee of Free Conference; the Speaker appointed Reps. SHEHEEN, TOAL and J. ARTHUR to the Committee of Free Conference and a message was sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 13, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Lourie, Bryan and Applegate of the Committee of Free Conference on the part of the Senate on H. 2266:

H. 2266 -- Judiciary Committee: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78, SO AS TO ENACT THE SOUTH CAROLINA TORT CLAIMS ACT; TO AMEND ACT 182 OF 1977, RELATING TO CERTAIN CHARITABLE AND SOVEREIGN IMMUNITY SO AS TO REVISE THE LIMITS OF THIS IMMUNITY, TO AMEND SECTION 59-67-710, RELATING TO INSURANCE ON SCHOOL BUSES AND THE LIMITS OF LIABILITY INVOLVING ACCIDENTS THEREOF SO AS TO REVISE CERTAIN OF THESE LIMITS, AND TO REPEAL ARTICLE 3, CHAPTER 77 OF TITLE 15; ARTICLE 13, CHAPTER 5, OF TITLE 57; ARTICLE 9, CHAPTER 17, OF TITLE 57; SECTION 5-7-70 OF THE 1976 CODE, ALL RELATING TO CERTAIN DAMAGE CLAIMS OR SUITS THEREON.
Very respectfully,
President

No. 74

Received as information.

H. 2266--FREE CONFERENCE POWERS REQUESTED

Rep. FREEMAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

Reps. B.L. HENDRICKS and McLELLAN spoke against the motion to grant Free Conference Powers.

Reps. WILKINS and FREEMAN spoke in favor of the motion to grant Free Conference Powers.

Rep. CARNELL moved that the House recede until 3:00 P.M. which was adopted.

Further proceedings were interrupted by the House receding.

THE HOUSE RESUMES

At 3:00 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

H. 2161--NON-CONCURRENCE IN SENATE AMENDMENTS

On motion of Rep. AYDLETTE the House non-concurred in the Senate Amendments to the following Bill, and a message was ordered sent to the Senate accordingly.

H. 2161 -- Rep. Aydlette: A BILL TO AMEND ACT 462 OF 1978, AS AMENDED, RELATING TO SPECIAL PARKING PRIVILEGES FOR HANDICAPPED PERSONS, SO AS TO PROVIDE THAT EACH APPLICATION IN PERSON AND BY MAIL BY A HANDICAPPED PERSON FOR A DISTINGUISHING LICENSE PLATE OR PLACARD TO BE USED FOR SPECIAL PARKING PRIVILEGES MUST BE ACCOMPANIED BY A LICENSED PHYSICIAN'S CERTIFICATE THAT THE APPLICANT IS TEMPORARILY OR PERMANENTLY HANDICAPPED, TO ALLOW THE PHYSICIAN TO DETERMINE THE LENGTH OF TIME FOR WHICH THE LICENSE PLATE OR PLACARD MAY BE ISSUED, AND TO PROVIDE THAT NO LICENSE PLATE OR PLACARD MAY BE DENIED IF THE APPLICATION IS FILLED OUT CORRECTLY AND ACCOMPANIED BY THE CERTIFICATE AND IF THE APPLICANT FOLLOWS THE PROCEDURES ESTABLISHED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

H. 3685--NON-CONCURRENCE IN SENATE AMENDMENTS

On motion of Rep. FAIR the House non-concurred in the Senate Amendments to the following Bill, and a message was ordered sent to the Senate accordingly.

H. 3685 -- Reps. Fair, Mattos, Brett and Hayes: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED NEWSPAPER NOTICES OF INTENTION TO APPLY FOR ALCOHOLIC LIQUOR LICENSES, SO AS TO PROVIDE THAT THE CONTENTS OF THIS NEWSPAPER NOTICE MUST ALSO BE POSTED ON A SIGN AT LEAST TWO FEET BY TWO FEET IN SIZE IN A CONSPICUOUS PLACE AT THE LOCATION OF THE PROPOSED BUSINESS FOR A PERIOD OF THIRTY DAYS PRECEDING THE SUBMISSION OF THE APPLICATION FOR A LICENSE; AND TO AMEND ARTICLE 3, CHAPTER 9 OF TITLE 61 BY ADDING SECTION 61-9-485 SO AS TO PROVIDE THAT THE NOTICE REQUIREMENTS PERTAINING TO APPLICATIONS FOR ALCOHOLIC LIQUOR LICENSES CONTAINED IN SECTION 61-3-490 ALSO APPLY TO BEER, ALE, PORTER, OR WINE PERMIT APPLICATIONS FOR ON-PREMISES CONSUMPTION.

REPORTS OF STANDING COMMITTEES

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3528 -- Reps. Gilbert, Toal, K. Bailey, Foster, Mitchell, Klapman, Washington, Williams, Blackwell, Mattos, Lake, Russell, Ferguson and Brett: A BILL TO AMEND ACT 163 OF 1977, AS AMENDED, RELATING TO THE EDUCATION FINANCE PROGRAM, SO AS TO PROVIDE THAT TEACHER PAY RAISES BE PROVIDED TO TEACHERS WHO MEET THE ADDITIONAL ALTERNATE CRITERIA OF RECEIVING A RATING OF AT LEAST SATISFACTORY OR ITS EQUIVALENT ON A SCHOOL DISTRICT'S OFFICIAL EVALUATION INSTRUMENT.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:

S. 1099 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 OF TITLE 49 SO AS TO PROVIDE FOR AN OFFICE OF STATE CLIMATOLOGY.

Ordered for consideration tomorrow.

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

S. 906 -- Senator Waddell: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 SO AS TO CREATE THE STATE BOARD OF GEOLOGIC EXAMINERS, TO DEFINE ITS POWERS AND DUTIES, TO REGULATE THE PRACTICE OF GEOLOGY, AND TO PROVIDE PENALITIES.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3915 -- Rep. Felder: A CONCURRENT RESOLUTION TO CONGRATULATE THE GOLF TEAM OF CALHOUN ACADEMY, CALHOUN COUNTY, ON WINNING ITS SECOND CONSECUTIVE STATE CLASS AA CHAMPIONSHIP AND TO COMMEND COACH WALTER BRYANT FOR INSPIRING THE TEAM TO ACCOMPLISH THIS EXCEPTIONAL FEAT.

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

HOUSE RESOLUTION

The following was introduced:

H. 3916 -- Rep. Sharpe: A HOUSE RESOLUTION TO EXPRESS THE BEST WISHES OF THE HOUSE OF REPRESENTATIVES TO COMMAND SERGEANT MAJOR GEORGE W. "PEPPER" ELLISOR OF THE CHAPIN COMMUNITY OF RICHLAND COUNTY FOR HIS LIFETIME OF SERVICE TO HIS COUNTRY AND COMMUNITY UPON HIS RETIREMENT FROM THE UNITED STATES ARMY RESERVE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3917 -- Reps. Sheheen and S. Anderson: A HOUSE RESOLUTION TO PROVIDE THAT ON TUESDAY, MAY 27, 1986, THE HOUSE OF REPRESENTATIVES SHALL ADJOURN FOR THE DAY NO LATER THAN 1:00 P.M.

Be it resolved by the House of Representatives:

That on Tuesday, May 27, 1986, the House of Representatives shall adjourn for the day no later than 1:00 P.M.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3918 -- Reps. Blackwell, Alexander, P. Bradley, Brett, Mattos, L. Phillips, Rice, Shelton and Wilkins: A CONCURRENT RESOLUTION TO COMMEND MRS. HAZEL PITTMAN HALL OF TRAVELERS REST, VICE-PRESIDENT FOR STUDENT AFFAIRS AT GREENVILLE TECHNICAL COLLEGE, FOR HER LONG AND DISTINGUISHED CAREER IN THE FIELD OF EDUCATION UPON HER RETIREMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3919 -- Rep. Waldrop: A CONCURRENT RESOLUTION SALUTING THE LITTLE MOUNTAIN REUNION, NEWBERRY COUNTY, WHICH WILL BE HONORING SENIOR CITIZENS DURING THE ANNUAL FESTIVAL THIS YEAR, AND DECLARING SATURDAY, AUGUST 2, 1986, AS "LITTLE MOUNTAIN REUNION DAY" IN SOUTH CAROLINA.

Whereas, the 1986 Little Mountain Reunion will be honoring senior citizens from Little Mountain, as well as all of Newberry County and South Carolina, during the annual festival; and

Whereas, this year's festival will be held on Saturday, August 2, 1986; and

Whereas, special emphasis will be placed on those citizens who reside in nursing homes and care facilities; and

Whereas, senior citizens will be recognized for their contributions to their families, community, State, and nation, as well as for their continuing value to our future; and

Whereas, the Little Mountain Reunion is an exciting festival and provides everyone who attends with a great amount of fun; and

Whereas, the General Assembly believes that the Little Mountain Reunion is deserving of recognition and that Saturday, August 2, 1986, should be declared as "Little Mountain Reunion Day" in South Carolina. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, salutes the Little Mountain Reunion, Newberry County, which will be honoring senior citizens during the annual festival this year and declares Saturday, August 2, 1986, as "Little Mountain Reunion Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the Mayor of Little Mountain and to the planning committee for the 1986 Little Mountain Reunion.

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

CONCURRENT RESOLUTION

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

H. 3920 -- Reps. J. Rogers and Beasley: A CONCURRENT RESOLUTION DIRECTING THE JOINT LEGISLATIVE COMMITTEE ON RAILROAD ABANDONMENT TO CONDUCT A STUDY OF THE EXEMPTION GRANTED RAILROADS FROM THE MOTOR FUELS TAX.

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

That the Joint Legislative Committee on Railroad Abandonment shall conduct a study of the exemption granted railroads from the thirteen cents a gallon motor fuels tax and report its conclusions to the General Assembly no later than February 1, 1987.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3921 -- Reps. Klapman, Sharpe, J.H. Burriss, Derrick, Koon and Felder: A CONCURRENT RESOLUTION TO CONGRATULATE THE MT. TABOR LUTHERAN CHURCH OF WEST COLUMBIA UPON THE OCCASION OF ITS 100TH ANNIVERSARY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1307 -- Senator Lourie: A CONCURRENT RESOLUTION EXTENDING BEST WISHES FOR SUCCESS AND HAPPINESS TO MRS. ANNIE MAE CHAVIS WHITAKER MURRY OF RICHLAND COUNTY UPON HER RETIREMENT.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1308 -- Senators Thomas E. Smith, Jr., Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX TWELVE NOON ON WEDNESDAY, MAY 28, 1986, AS THE TIME TO ELECT A SUCCESSOR TO THE FAMILY COURT JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT NUMBER TWO, TO FILL THE UNEXPIRED TERM OF JUDGE RALPH HOFFMAN WHICH TERMINATES FEBRUARY 29, 1988.

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

That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives at twelve noon on Wednesday, May 28, 1986, to elect a successor to the Family Court Judge of the Fifteenth Judicial Circuit, Seat Number Two, to fill the unexpired term of Judge Ralph Hoffman which terminates February 29, 1988.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1317 -- Senator Pope: A CONCURRENT RESOLUTION SALUTING THE LITTLE MOUNTAIN REUNION, NEWBERRY COUNTY, WHICH WILL BE HONORING SENIOR CITIZENS DURING THE ANNUAL FESTIVAL THIS YEAR, AND DECLARING SATURDAY, AUGUST 2, 1986, AS "LITTLE MOUNTAIN REUNION DAY" IN SOUTH CAROLINA.

Whereas, the 1986 Little Mountain Reunion will be honoring senior citizens from Little Mountain as well as all of Newberry County and South Carolina during the annual festival; and

Whereas, this year's festival will be held on Saturday, August 2, 1986; and

Whereas, special emphasis will be placed on those citizens who reside in nursing homes and care facilities; and

Whereas, senior citizens will be recognized for their contributions to their families, community, State, and nation, and for their continuing value to our future; and

Whereas, the Little Mountain Reunion is an exciting festival and provides everyone who attends with a great amount of fun; and

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

That the General Assembly salutes the Little Mountain Reunion, Newberry County, which will be honoring senior citizens during the annual festival this year and declares Saturday, August 2, 1986, as "Little Mountain Reunion Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the Mayor of Little Mountain and to the planning committee for the 1986 Little Mountain Reunion.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1318 -- Senators Applegate, Fielding, McConnell, McLeod, Ravenel and Hinson: A CONCURRENT RESOLUTION TO CONGRATULATE MAYOR JOSEPH P. RILEY, JR., OF CHARLESTON UPON ASSUMING THE PRESIDENCY OF THE UNITED STATES CONFERENCE OF MAYORS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1320 -- Senator Dennis: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND WILLIAM T. "BILL" PUTNAM, EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD, FOR HIS CONTRIBUTIONS TO STATE GOVERNMENT, UPON THE OCCASION OF HIS RETIREMENT ON JUNE 30, 1986, AND TO WISH HIM THE BEST IN HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1321 -- Senators Garrison, Drummond, Dennis, Applegate, Branton, Bryan, Courson, Doar, Fielding, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, E. Patterson, K. Patterson, Peeler, Pope, Powell, Ravenel, Saleeby, Setzler, Shealy, Horace Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Theodore, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR FRIEND AND COLLEAGUE, REPRESENTATIVE PATRICK B. HARRIS, OF ANDERSON, ON HIS RECEIVING THE HONORARY DEGREE OF DOCTOR OF LAWS FROM ERSKINE COLLEGE.

Whereas, the members of the General Assembly were delighted to learn that Erskine College in Due West awarded an honorary doctor of laws degree to their friend and colleague, Representative Patrick B. Harris, at the college's one hundred forty-first commencement on May 18, 1986; and

Whereas, this very great honor bestowed upon Representative Harris simply reaffirms to the members of the General Assembly their certain knowledge of the esteem in which Representative Harris is held; and

Whereas, Representative Harris, in a distinguished public career, has made enormous contributions for the benefit of Anderson County and the entire State through yeoman service on the Ways and Means Committee, as chairman of the South Carolina Appalachian Council of Governments, Mental Health and Mental Retardation Commission, and by service on other governmental and community boards too numerous to mention; and

Whereas, all who know our colleague will cheerfully and enthusiastically second the action of the Erskine College Board of Trustees in extending this signal honor. Now, therefore,

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

That the members of the General Assembly extend their heartfelt congratulations to their friend and colleague, Representative Patrick B. Harris of Anderson, on his receiving the honorary degree of doctor of laws from Erskine College in Due West.

Be it further resolved that a copy of this resolution be forwarded to Representative Patrick B. Harris.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1322 -- Senator Lee: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO BILL HOWELL FOR HIS MANY YEARS OF DISTINGUISHED SERVICE TO SCHOOL DISTRICT TWO OF SPARTANBURG COUNTY AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1323 -- Senator Wilson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. GEORGE P. FULTON OF COLUMBIA ON BEING NAMED 1986 OUTSTANDING OLDER SOUTH CAROLINIAN OF THE YEAR.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1324 -- Senator Long: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE CAPTAIN STEVE SPIROS OF HORRY COUNTY ON BEING THE RECIPIENT OF A COAST GUARD COMMENDATION AS A RESULT OF HIS HEROIC ACTION ABOARD HIS CRUISE SHIP, THE HURRICANE, WHICH SAVED THE LIVES OF ALL PASSENGERS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1326 -- Senators Shealy and Setzler: A CONCURRENT RESOLUTION CONGRATULATING MS. RENNIA ELKIN UPON BEING NAMED HANDICAPPED PROFESSIONAL WOMAN OF THE YEAR BY THE PILOT CLUB OF COLUMBIA AND UPON BEING SELECTED BY THE SOUTH CAROLINA DISTRICT OF PILOT INTERNATIONAL AS THE PROFESSIONAL HANDICAPPED WOMAN OF THE YEAR OF SOUTH CAROLINA.

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

HOUSE RESOLUTION

The following was introduced:

H. 3922 -- Reps. Thrailkill, Barfield, Elliott and Pearce: A HOUSE RESOLUTION COMMENDING PEE DEE ELEMENTARY SCHOOL OF HORRY COUNTY FOR WINNING THE STATEWIDE AWARD AND THE NATIONAL AWARD FOR OUTSTANDING GROUP ENERGY PROJECTS IN THE 1986 NATIONAL ENERGY EDUCATION DAY YOUTH AWARDS IN THE ENERGY ACHIEVEMENT PROGRAM.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3923 -- Reps. Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, McTeer, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF SPEAKER SOLOMON BLATT WHO DIED MAY 14, 1986.

Whereas, May 14, 1986, is a date that will be indelibly carved into the minds and hearts of South Carolinians and into the history of this great State for on this day Solomon Blatt, one of the illustrious leaders of this State, passed away; and

Whereas, Speaker Blatt's public service extended over half a century, during which period he held the singular distinction of serving as Speaker of his beloved House of Representatives longer than anyone else in the history of this nation; and

Whereas, Speaker Blatt was the son of Russian Jewish immigrants who came to this country with that great wave of immigrants who sought freedom from religious persecution and freedom of opportunity based upon ability and enterprise; and

Whereas, in spite of bigotry and prejudice based upon ignorance and misunderstanding, Sol Blatt not only rose to leadership in his beloved South Carolina but won the respect and admiration of the people of this State; and

Whereas, it is the way of man and the will of God that everything must have an end, but it is the life and work of Sol Blatt that we, his colleagues, and his family can look back upon and from which we draw contentment and satisfaction; and

Whereas, ends are always sad but the members of the General Assembly and those who follow in the future will be trying to carry on the work of our fallen leader and try to catch something of the spirit in which he worked; and

Whereas, we know that while we may fall short of his standards and despite our other limitations we are confident that Solomon Blatt will be generous in his judgment as we try to fulfill his legacy--always mindful of his years of service rendered with a vigor and devotion which have never been surpassed; and

Whereas, posterity will do justice to Solomon Blatt, a statesman, who was able to see into the future and acted on enduring principles and for immortality; and

Whereas, while our beloved friend and leader has fallen this day, his spirit is alive today and in the tomorrows in each of us. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina express profound sympathy to the family and friends of Speaker Solomon Blatt who died May 14, 1986.

Be it further resolved that a copy of this resolution be forwarded to the family of Speaker Blatt.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3931 -- Rep. Edwards: A CONCURRENT RESOLUTION CONGRATULATING DR. WILLIAM HENDRIX OF SPARTANBURG COUNTY UPON BEING NAMED THE 1986 SOUTH CAROLINA FAMILY DOCTOR OF THE YEAR AND WISHING HIM WELL AS HE REPRESENTS SOUTH CAROLINA IN THE NATIONAL FAMILY DOCTOR OF THE YEAR CONTEST IN KANSAS CITY, MISSOURI.

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

INTRODUCTION OF BILLS

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

H. 3924 -- Reps. Fair and Beasley: A BILL TO AMEND ARTICLE 5 OF CHAPTER 1 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING EDUCATION GENERALLY, SO AS TO PROHIBIT STATE-SUPPORTED COLLEGES AND UNIVERSITIES AND PUBLIC SCHOOLS FROM DISTRIBUTING ANY CONTRACEPTIVE DEVICE OR MEDICATION.

Referred to Committee on Education and Public Works.

H. 3925 -- Rep. Ferguson: A BILL TO AMEND ARTICLE 9, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBJECTIONS AND CHALLENGES TO JURORS, BY ADDING SECTION 14-7-1125 SO AS TO PROVIDE THAT IN EXERCISING ITS PEREMPTORY CHALLENGES IN CRIMINAL CASES, THE STATE OR THE PROSECUTION SHALL STATE A REASON FOR EACH PEREMPTORY CHALLENGE MADE WHICH MUST BE PRESERVED IN THE RECORD OF THE CASE.

Referred to Committee on Judiciary.

H. 3926 -- 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 CONSTRUCTION AND OPERATION OF LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 667, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Without reference.

H. 3927 -- Reps. Alexander, Blackwell, P. Bradley, Brett, Fair, Mattos, Rice, Shelton and Wilkins: A BILL TO AMEND CHAPTER 11 OF TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS, BY ADDING SECTION 6-11-285 SO AS TO PROVIDE FOR THE IMPOSITION OF A CIVIL PENALTY BY POLITICAL SUBDIVISIONS FOR VIOLATIONS OF ORDINANCES OR REGULATIONS OF THESE SUBDIVISIONS WHICH RELATE TO WATER OR WASTEWATER FACILITIES.

Referred to Committee on Judiciary.

H. 3928 -- Rep. Kay: A BILL TO AMEND SECTION 50-13-1192, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TYPE AND NUMBER OF NONGAME FISHING DEVICES WHICH MAY BE USED IN DESIGNATED FRESHWATER BODIES, SO AS TO PERMIT THE USE OF JUGS FOR FISHING IN LAKE SECESSION.

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

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

H. 3929 -- Reps. G. Bailey and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES TO BE SUBMITTED FOR APPROVAL TO THE DORCHESTER COUNTY BOARD OF EDUCATION, AND TO AUTHORIZE THE BOARD OF EDUCATION, BEGINNING WITH BUDGETS FOR THE 1986-87 SCHOOL YEAR, TO SET THE NECESSARY TAX MILLAGE AFTER APPROVING THE BUDGETS.

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

H. 3930 -- Rep. Freeman: A BILL TO AMEND CHAPTER 3 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF CHANGING THE CORPORATE LIMITS OF A MUNICIPALITY, BY ADDING SECTION 5-3-235 SO AS TO PROVIDE THAT NO MUNICIPALITY MAY ANNEX THE PROPERTY OF ANY SINGLE FREEHOLDER WHERE THE ASSESSED VALUE OF THE REAL PROPERTY EXCEEDS TWENTY-FIVE PERCENT OF THE ASSESSED VALUE OF REAL PROPERTY OF THE EXISTING AREA OF THE MUNICIPALITY, TO MAKE EXCEPTIONS, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY WHEN THE FREEHOLDER HAS FILED A WRITTEN ELECTION TO HAVE THE PROPERTY CONSIDERED AS PART OF THE AREA PROPOSED TO BE ANNEXED; AND TO REPEAL ACT 464 OF 1980 RELATING TO THE REQUIREMENT THAT NO MUNICIPALITY MAY ANNEX THE PROPERTY OF ANY SINGLE FREEHOLDER WHERE THE ASSESSED VALUE OF THE REAL PROPERTY EXCEEDS TWENTY-FIVE PERCENT OF THE ASSESSED VALUE OF REAL PROPERTY OF THE EXISTING AREA OF THE MUNICIPALITY.

Rep. FREEMAN asked unanimous consent to have the Bill placed on the Calendar without reference. Rep. BLACKWELL objected.

Referred to Committee on Judiciary.

S. 840 -- Senators E. Patterson, Theodore and Nell W. Smith: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO GIVE THE COURT JURISDICTION TO REQUIRE PERSONS OBLIGATED TO PAY CHILD SUPPORT TO REPAY THE DEPARTMENT OF SOCIAL SERVICES FOR CERTAIN SUMS EXPENDED OR TO BE EXPENDED BY THE DEPARTMENT FOR THE SUPPORT AND CARE OF THE CHILD.

Referred to Committee on Judiciary.

S. 841 -- Senators E. Patterson, Theodore and Nell W. Smith: A BILL TO AMEND CHAPTER 1 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURTS BY ADDING SECTION 14-1-185 SO AS TO PROVIDE FOR EXPEDITED PROCEEDINGS IN CRIMINAL AND FAMILY COURT CASES INVOLVING A CHILD VICTIM.

Referred to Committee on Judiciary.

S. 963 -- Senators E. Patterson, Theodore and Nell W. Smith: A BILL TO AMEND ARTICLE 8, CHAPTER 3 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL SEXUAL PERFORMANCE BY CHILDREN BY ADDING SECTION 16-3-850 SO AS TO REQUIRE FILM PROCESSORS AND PHOTO FINISHERS WHO ARE REQUESTED TO DEVELOP FILM OF CHILDREN ENGAGING IN SEXUALLY EXPLICIT CONDUCT TO REPORT THE NAME AND ADDRESS OF THE INDIVIDUAL REQUESTING THE DEVELOPMENT TO THE LAW ENFORCEMENT OFFICIALS IN THE LOCALITY FROM WHICH THE FILM WAS ORIGINALLY FORWARDED.

Referred to Committee on Judiciary.

S. 1124 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO TELECOMMUNICATIONS UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 568, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

On motion of Rep. DANGERFIELD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1127 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO GAS UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 566, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Referred to Committee on Labor, Commerce and Industry.

S. 1144 -- Senator Hayes: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTATES AND CONSTRUCTION OF DOCUMENTS CREATING ESTATES BY ADDING SECTION 27-5-25 SO AS TO ABOLISH THE COMMON LAW RULE AGAINST PERPETUITIES AND REPLACE IT WITH A STATUTORY RULE AGAINST PERPETUITIES WHICH ADOPTS PROVISIONS WHICH PREVENT THE DEFEAT OF THE TRANSFEROR'S INTENT.

Referred to Committee on Judiciary.

S. 1150 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MINING COUNCIL, RELATING TO ADVERTISING; PUBLIC HEARINGS; HEARING PROCEDURES; PETITION FOR PROMULGATION, AMENDMENT OR REPEAL OF REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 688, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Referred to Committee on Agriculture and Natural Resources.

S. 1163 -- Medical 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.

On motion of Rep. LOCKEMY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1205 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO ACCOUNTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 703, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

On motion of Rep. DANGERFIELD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1217 -- Senator Fielding: A BILL TO AMEND SECTION 31-17-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND APPEALS UNDER THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO PROVIDE ADDITIONAL PENALTIES FOR VIOLATIONS OF THE ACT OR REGULATIONS PROMULGATED PURSUANT TO THE ACT.

Referred to Committee on Labor, Commerce and Industry.

S. 1257 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO LIQUEFIED PETROLEUM GAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 701, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Referred to Committee on Labor, Commerce and Industry.

S. 1258 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO ELEVATOR SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 657, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Referred to Committee on Labor, Commerce and Industry.

S. 1259 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD DIVISION OF STATE FIRE MARSHAL, RELATING TO TRANSPORTATION AND USE OF PYROTECHNICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 670, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Rep. WINSTEAD asked unanimous consent to have the Joint Resolution placed on the calendar without reference. Rep. KLAPMAN objected.

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

S. 1260 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO RECODIFICATION OF REGULATIONS CONCERNING: USE OF HAZARDOUS SUBSTANCES; EXPLOSIVES; SERVICE STATIONS; TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 672, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

On motion of Rep. WINSTEAD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1283 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PASTEURIZED MILK AND MILK PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 627, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

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

S. 1285 -- Senators E. Patterson, Mitchell, Bryan, Macaulay, McConnell, Giese, Shealy, Holland, Long, Wilson, Powell, Saleeby, Peeler, Applegate, Fielding, Thomas, Ravenel, Setzler, Thomas E. Smith, Jr., Horace C. Smith, Lee, Dennis, Pope, Nell W. Smith, Branton, Moore, Matthews, Leventis, Drummond, Land, Hayes, Lourie, Doar, Courson and K. Patterson: A BILL TO AMEND SECTION 16-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF MURDER, SO AS TO INCLUDE IN THE DEFINITION THE KILLING OF ANY PERSON FOR THE EXPRESS OR IMPLIED PURPOSE OF PROTESTING OR CHANGING GOVERNMENT POLICY OF THE UNITED STATES, ITS STATES, OR ITS TERRITORIES, OR OF CAUSING OR PREVENTING ANY ACTION BY THE GOVERNMENT OR ITS OFFICIALS.

Referred to Committee on Judiciary.

S. 1316 -- Senator Powell: A BILL TO AMEND SECTION 50-13-1192, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TYPE AND NUMBER OF NONGAME FISHING DEVICES WHICH MAY BE USED IN DESIGNATED FRESHWATER BODIES, SO AS TO PERMIT THE USE OF JUGS FOR FISHING IN LAKE SECESSION.

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

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

H. 3928--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. KAY, with unanimous consent, it was ordered that H. 3928 be read the second and third times the next two successive legislative days.

H. 3929--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. DAY, with unanimous consent, it was ordered that H. 3929 be read the second and third times the next two successive legislative days.

S. 1316--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. KAY, with unanimous consent, it was ordered that S. 1316 be read the second and third times the next two successive legislative days.

S. 1149--TABLED

The following Joint Resolution was taken up.

S. 1149 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WATER RESOURCES COMMISSION, RELATING TO DROUGHT PLANNING RESPONSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 645, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

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

H. 3928--RECONSIDERED AND TABLED

Rep. KAY moved to reconsider the vote whereby the following Bill was ordered to receive a second and third reading the next two successive legislative days which was agreed to.

Rep. KAY moved to table the Bill which was agreed to.

SENT TO THE SENATE

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

H. 3914 -- Rep. J. Anderson: A BILL TO AMEND ACT 571 OF 1967, RELATING TO THE CREATION OF THE EDGEFIELD COUNTY WATER AND SEWER AUTHORITY, SO AS TO AUTHORIZE THE MEMBERS OF THE AUTHORITY TO RECEIVE MILEAGE, WHILE TRAVELING ON NECESSARY OFFICIAL BUSINESS, AND PER DIEM.

S. 961--OBJECTIONS

The following Bill was taken up.

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.

Reps. T. ROGERS, DAVENPORT and KEYSERLING 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. 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.

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".

S. 694--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 694 -- Senator Applegate: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-23-43 SO AS TO PROVIDE FOR SUBDIVISION REGULATIONS FOR RESERVATION AND DEDICATION OF LAND FOR PUBLIC RECREATIONAL PURPOSES OR THE PAYMENT OF CASH CONTRIBUTIONS EARMARKED IN LIEU OF THOSE PURPOSES; SECTION 5-23-45 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL COUNCIL AMENDMENTS TO THE ZONING ORDINANCE WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATION OF LAND EARMARKED FOR PUBLIC PARKING SPACES; SECTION 5-23-47 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANNED RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-685 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANT, RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-687 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE CITY COUNCIL AMENDMENTS TO THE ZONING ORDINANCES WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATIONS OF LAND EARMARKED FOR PUBLIC PARKING SPACES; TO AMEND SECTION 5-23-20, RELATING TO THE DIVISION OF A MUNICIPALITY INTO ZONING DISTRICTS, SO AS TO ADD TO THE POWERS CONFERRED UPON MUNICIPALITIES THE AUTHORITY TO REQUIRE OFF-STREET PARKING AND LOADING AND TO PROVIDE THAT THE REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION MAY PROVIDE THAT LAND, BUILDINGS, AND STRUCTURES AND THE USES THEREOF, WHICH ARE LAWFUL AT THE TIME OF ENACTMENT OR AMENDMENT OF ZONING REGULATIONS, MAY BE CONTINUED; TO AMEND SECTION 5-23-60, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE ZONING COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY APPROVAL OF CONDITIONAL PERMITS AUTHORIZED BY THE ZONING ORDINANCE; TO AMEND SECTION 5-23-620, RELATING TO THE CONTENTS OF REGULATIONS GOVERNING LAND SUBDIVISIONS, SO AS TO MAKE A TECHNICAL AMENDMENT; AND TO AMEND SECTION 5-23-680, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE PLANNING COMMISSION TO THE MUNICIPAL GOVERNING BODY, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND THE APPROVAL OF CONDITIONAL PERMITS.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was introduced on Thursday, May 8, by the Committee on Labor, Commerce and Industry.

Rep. HEARN explained the amendment.

The amendment was then adopted.

Rep. FOXWORTH proposed the following Amendment No. 2 (Doc. No. 5822K), which was adopted.

Amend the bill, as and if amended, by striking Section 5-23-45 of the 1976 Code, as contained in Section 1, and inserting:

"Section 5-23-45. In accordance with a central business district parking facility plan and program, ~~adopted by the zoning commission,~~ which includes guidelines for preferred parking locations and indicates prohibited parking areas, the zoning commission may recommend and the local legislative body may adopt, regulations ~~to the municipal governing body amendments to the zoning ordinance~~ which permit the reduction or waiver of parking requirements within such district in return for cash contributions or dedications of land earmarked for provision of public parking spaces which contributions or dedications must be used within the district and may not be used for any other purpose. Such cash contribution or the value of the land shall not exceed the approximate cost to build the required spaces that would have incurred had not the reduction or waiver been granted."

Amend the bill further, as and if amended, by striking Section 5-23-687 of the 1976 Code, as contained in Section 2, and inserting:

"Section 5-23-687. In accordance with a central business district parking facility plan and program, ~~adopted by the zoning commission,~~ which includes guidelines for preferred parking locations and indicates prohibited parking areas, the zoning commission may recommend and the local legislative body may adopt, regulations ~~to the municipal governing body amendments to the zoning ordinance~~ which permit the reduction or waiver of parking requirements within such district in return for cash contributions or dedications of land earmarked for provision of public parking spaces which contributions or dedications must be used within the district and may not be used for any other purpose. Such cash contribution or the value of the land shall not exceed the approximate cost to build the required spaces that would have incurred had not the reduction or waiver been granted."

Amend title to conform

Rep. HEARN explained the amendment.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. HEARN asked unanimous consent that S. 694 be read a third time tomorrow. Rep. KLAPMAN objected.

S. 947--DEBATE ADJOURNED, RECONSIDERED, AMENDED
AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 947 -- Senators Bryan and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 39 SO AS TO ENACT THE SOUTH CAROLINA SELF-SERVICE STORAGE FACILITY ACT; TO PROVIDE THAT THE OWNER OF A SELF-SERVICE STORAGE FACILITY HAS A LIEN UPON ALL PERSONAL PROPERTY LOCATED IN A FACILITY; AND TO PROVIDE A PROCEDURE FOR THE ENFORCEMENT OF THE LIEN.

Debate was resumed on Amendment No. 1, which was introduced on Thursday, May 8, by the Committee on Labor, Commerce and Industry.

Rep. T.M. BURRISS explained the amendment.

Rep. T.M. BURRISS moved to adjourn debate upon the Bill, which was adopted.

Rep. TOAL moved to reconsider the vote whereby debate was adjourned on the Bill which was agreed to.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was introduced on Thursday, May 8, by the Committee on Labor, Commerce and Industry.

The amendment was then adopted.

Rep. T.M. BURRISS proposed the following Amendment No. 2 (Doc. No. 5832k), which was adopted.

Amend the bill, as and if amended, by striking lines 12-16 on page A-5 and inserting:

OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE OCCUPANT'S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE CASUALTY LOSS. IT IS THE OCCUPANT'S RESPONSIBILITY TO PROVIDE SUCH INSURANCE.

Amend the bill further in item (A) of Section 39-20-47 on line 41, page A-7 by inserting after /the/ /oral/ so that when amended item (A) shall read:

Section 39-20-47. (A) If no written rental agreement exists between the owner and occupant and the oral rental agreement was entered into prior to the effective date of this act, an owner may enforce collection of rent due by distress in the manner prescribed by this section if the occupant has been in default continuously for thirty days. Any magistrate having jurisdiction over the district in which the self-service storage facility is located may issue, upon receipt of an affidavit of the owner or his agent setting forth the amount of rent due, a notice directed to the occupant stating the alleged amount of rent due, including any cost, and fixing a time and place for a predistress hearing to be held not earlier than five days after the service of the notice. The notice, together with a copy of the affidavit, must be delivered to (a) any regular constable, (b) such special constable as the magistrate may appoint or (c) the sheriff of the county for enforcement. The officer shall serve a copy of the notice and affidavit on the occupant by personal service by any method provided by law.

Amend further by striking SECTION 3 and inserting:

SECTION 3. This act shall take effect 30 days after approval by the Governor

Amend title to conform

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

OBJECTION TO MOTION

Rep. T.M. BURRISS asked unanimous consent that S. 947 be read a third time tomorrow. Rep. KLAPMAN objected.

H. 3905--RECALLED FROM CHARLESTON DELEGATION

On motion of Rep. KOHN, with unanimous consent, the following Bill was ordered recalled from the Charleston Delegation.

H. 3905 -- Rep. Kohn: A BILL TO PROVIDE THAT THE GOVERNING BODY OF THE NORTH CHARLESTON PUBLIC SERVICE DISTRICT SHALL CONSIST OF FIVE MEMBERS WHO MUST BE ELECTED IN NONPARTISAN ELECTIONS BEGINNING WITH THE YEAR 1986 AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS ARE ELECTED.

H. 3905--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. KOHN, with unanimous consent, it was ordered that H. 3905 be read the second and third times the next two successive legislative days.

S. 1057--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1057 -- Senator Long: A BILL TO AMEND SECTION 61-9-61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TRANSFER OF BEER OR WINE TO ANY PERSON UNDER THE AGE OF EIGHTEEN SO AS TO RAISE THIS AGE TO TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, TO TWENTY-ONE.

Rep. SHEHEEN proposed the following Amendment No. 1 (Doc. No. 4311R), which was adopted.

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

/Section ____. If Public Law 98-363 is enjoined by a court of competent jurisdiction or declared by a court to be contrary to the United States Constitution, the provisions of Section 61-9-61 of the 1976 Code shall be effective under the terms and conditions as existed prior to the amendments thereto contained in Section 1 of this act./

Renumber sections to conform.

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

The amendment was then adopted.

Rep. T.M. BURRISS explained the Bill.

Rep. LOCKEMY spoke upon the Bill.

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

S. 1057--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that S. 1057 be read the third time tomorrow.

S. 1059--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1059 -- Senator Long: A BILL TO AMEND SECTION 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS ON THE PREMISES OF ESTABLISHMENTS LICENSED TO SELL BEER OR WINE SO AS TO PROVIDE THAT NO BEER OR WINE MAY BE SOLD ON THESE PREMISES TO A PERSON UNDER THE AGE OF TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, UNDER TWENTY-ONE.

Rep. SHEHEEN proposed the following Amendment No. 1 (Doc. No. 4311R), which was adopted.

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

/Section ____. If Public Law 98-363 is enjoined by a court of competent jurisdiction or declared by a court to be contrary to the United States Constitution, the provisions of Section 61-9-410 of the 1976 Code shall be effective under the terms and conditions as existed prior to the amendments thereto contained in Section 1 of this act./

Renumber sections to conform.

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. T.M. BURRISS asked unanimous consent that S. 1059 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 3880--DEBATE ADJOURNED

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

H. 3880 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, RELATING TO HEARINGS, LICENSES, SALE AND CONSUMPTION AT NONPROFIT ORGANIZATIONS, PERMITS, DRIVE-IN/DRIVETHRU ESTABLISHMENTS, AND PROHIBITED INTERESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 720, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

S. 1256--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1256 -- Judiciary Committee: A BILL TO ADOPT REVISED CODE VOLUMES 1, 4, AND 14 AND NEW VOLUMES 1A, 4A, AND 14A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE; TO NOT ADOPT SECTIONS 2-65-20 THROUGH 2-65-100 AS CONTAINED IN REVISED VOLUME 1; TO ADOPT AND DESIGNATE CERTAIN PROVISIONS OF ACT 651 OF 1978, AS AMENDED, BY SECTION 10 OF PART II OF ACT 151 OF 1983, AS PART OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO ADOPT CERTAIN ANNOTATIONS TO SECTIONS WHICH INDICATED THESE SECTIONS WERE IMPLIEDLY REPEALED ARE ADOPTED AS PART OF THE 1976 CODE OF LAWS OF SOUTH CAROLINA AND MUST BE INCLUDED IN VOLUMES 1 AND 14 IN THE 1986 CUMULATIVE SUPPLEMENT; AND TO AMEND SECTION 2-13-90, AS AMENDED, RELATING TO THE PREPARATION AND ADOPTION OF REVISED CODE VOLUMES, SO AS TO REQUIRE THAT ALL REPLACEMENT VOLUMES SHALL INCLUDE AN ANNOTATION TO ANY GENERAL PERMANENT STATUTORY LAW WHICH WAS IMPLIEDLY REPEALED.

Rep. SCHWARTZ proposed the following Amendment No. 1 (Doc. No. 4390R), which was adopted.

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

/SECTION ____. The 1985 Cumulative Supplements to the Code of Laws of South Carolina, 1976, are adopted as part of the Code of Laws. These supplements, volumes as supplemented by them, and the replacement volumes referred to in Section 2 of this act, constitute the only general permanent statutory laws of the State as of January 1, 1986./

Renumber sections to conform.

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

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

S. 1256--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. TOAL, with unanimous consent, it was ordered that S. 1256 be read the third time tomorrow.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

Rep. T.M. BURRISS moved that the House recur to the morning hour, which was agreed to.

INVITATION

The following was received.

The Executive Committee of the Flopeye Fish Festival invite you to attend the Festival Activities Saturday, May 24, 1986, Great Falls, South Carolina. Festivities to begin at 9:45 A.M. in Republic Park.

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

H. 3778--DEBATE ADJOURNED

The following Bill was taken up.

H. 3778 -- Reps. Lockemy, Kay, Cooper, Carnell, P. Harris, Townsend, Tucker and Washington: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY ELECTIONS, SO AS TO PROVIDE THAT IF ANY OPENING OR CLOSING DATE FOR ENTRIES FOR NOMINATION IN AN ELECTION FALLS ON SUNDAY, THE DATE CHANGES TO THE PRECEDING SATURDAY.

Rep. McTEER proposed the following amendment, which was tabled.

Amend as and if amended.

Amend by striking on page 2, line 7, "preceding Saturday." and inserting, "following Monday."

Amend title to conform.

Rep. LOCKEMY explained the amendment.

Rep. TOAL spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 14 to 9.

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

MOTION NOTED

Rep. TOAL moved to reconsider the vote whereby Amendment No. 1 to H. 3778 was tabled and the motion was noted.

H. 3815--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3815 -- Rep. Mangum: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING, HOUSING, ELECTRICAL, PLUMBING, AND GAS CODES, SO AS TO PROVIDE FOR REGULATIONS ADOPTED BY THE BUILDING CODE COUNCIL TO BE APPROVED BY THE BUDGET AND CONTROL BOARD PRIOR TO BEING SUBMITTED TO THE GENERAL ASSEMBLY.

Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 3920R), which was adopted.

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

/SECTION 1. The fifth paragraph of Section 6-9-60, as last amended by Act 481 of 1984, is further amended to read:

"Within thirty days after its appointment the council shall meet on call by the Chief Engineer of the State Budget and Control Board. The council shall elect from its appointive members a chairman and secretary. The council shall adopt regulations not inconsistent with this chapter. The regulations adopted by the council must be approved by the Budget and Control Board prior to being submitted to the General Assembly. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of meeting at least seven days in advance of the meeting. Seven members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council."

SECTION 2. Section 10-5-250 of the 1976 Code, as last amended by Act 540 of 1978, is further amended to read:

"Section 10-5-250. The board shall:

(1) ~~Establish~~ establish, publish, and enforce minimum standards and specifications necessary to eliminate architectural barriers to entry to and use of governmental ~~buildings,~~ and public buildings and their facilities by the aged, disabled, or physically handicapped. In this connection the board shall adopt the latest revisions of the Standard Building Code and the American National Standards Institute specifications A117.1 with ~~such~~ modifications as the board ~~shall deem~~ considers appropriate.; and

(2) ~~Promulgate rules and~~ promulgate regulations to enforce the provisions of this ~~act~~ article and the ~~aforesaid~~ standards provided for in item (1) of this section. The regulations promulgated by the board must be approved by the State Budget and Control Board prior to being submitted to the General Assembly."

SECTION 3. Section 23-43-40 of the 1976 Code, as added by Act 481 of 1984, is amended to read:

"Section 23-43-40. The ~~Council~~ council may promulgate regulations for the proper enforcement and implementation of this chapter. Promulgated regulations ~~shall~~ must incorporate the Standard Building Code and nationally recognized codes as defined by Section 6-9-60. Promulgated regulations must be approved by the Budget and Control Board prior to being submitted to the General Assembly."

SECTION 4. Item (c) of Section 39-43-30 of the 1976 Code, as last amended by Act 200 of 1985, is further amended to read:

"(c) Make, promulgate, and enforce regulations setting forth minimum general standards covering the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck or tank trailer, and utilizing liquefied petroleum gases and specifying the odorization of these gases and the degree thereof. The regulations must be reasonably necessary for the protection of the health, welfare, and safety of the public and persons using these materials and must be in substantial conformity with the generally accepted standards of safety concerning the subject matter, and the regulation ~~shall~~ must contain standards that are not less than those published by the National Fire Protection Association Pamphlet No. 58, 1983 Edition, and all pamphlets referenced ~~therein~~ in it. The regulations must be approved by the State Budget and Control Board prior to being submitted to the General Assembly."

SECTION 5. This act shall take effect upon approval by the Governor./

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

The amendment was then adopted.

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

H. 3815--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that H. 3815 be read the third time tomorrow.

H. 3556 AND H. 3557--TABLED

Rep. T.M. BURRISS, with unanimous consent, moved to table the following Bills which was agreed to.

H. 3556 -- Rep. Rawl: A BILL TO AMEND SECTION 61-9-61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TRANSFER OF BEER OR WINE TO ANY PERSON UNDER THE AGE OF EIGHTEEN SO AS TO RAISE THIS AGE TO TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, TO TWENTY-ONE.

H. 3557 -- Rep. Rawl: A BILL TO AMEND SECTION 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS ON THE PREMISES OF ESTABLISHMENTS LICENSED TO SELL BEER OR WINE SO AS TO PROVIDE THAT NO BEER OR WINE MAY BE SOLD ON THESE PREMISES TO A PERSON UNDER THE AGE OF TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, UNDER TWENTY-ONE.

ORDERED TO THIRD READING

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

H. 3208 -- Reps. M.D. Burriss and Hearn: A BILL TO AMEND SECTION 6-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO SEWERAGE COLLECTION, DISPOSAL, AND TREATMENT BY GOVERNMENTAL ENTITIES, SO AS TO INCLUDE COUNTIES WITHIN THE DEFINITION OF THE TERM "GOVERNMENTAL ENTITY" AND OTHER DEFINITIONS THEREBY MAKING THE PROVISIONS OF CHAPTER 15 OF TITLE 6 APPLICABLE TO COUNTIES AS WELL; TO AMEND SECTION 6-15-60, RELATING TO THE AUTHORIZATION OF SEWER SERVICE CHARGES, SO AS TO INCLUDE COUNTIES THEREIN; AND TO AMEND SECTION 6-15-110, RELATING TO METHODS OF COLLECTING OVERDUE SEWER SERVICE CHARGES, SO AS TO INCLUDE COUNTIES THEREIN.

Rep. M.D. BURRISS explained the Bill.

H. 3800 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT A SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS, AND CHILDREN TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WHICH PROVIDES NUTRITIONAL EDUCATION AND SUPPLEMENTAL FOOD TO ELIGIBLE PERSONS AND TO PROVIDE A PENALTY FOR VIOLATION OF THE ARTICLE.

Rep. DERRICK explained the Bill.

H. 2638 -- Reps. Elliott, G. Bailey, Kirsh, Rice, Pearce, Thrailkill, Barfield, Aydlette, Foxworth, White, Lloyd Hendricks, McTeer, Mitchell, Cork and J.W. Johnson: A BILL TO AMEND SECTION 6-11-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PENALTY FOR INTERFERING WITH SEWERS, WATERWORKS, AND DRAINAGE FACILITIES OF POLITICAL SUBDIVISIONS, SO AS TO INCLUDE THE SEWERS, WATERWORKS, AND DRAINAGE FACILITIES OF SPECIAL PURPOSE DISTRICTS WITHIN THE PENALTY PROVISIONS AND INCREASE THE MONETARY PENALTY FROM ONE TO TWO HUNDRED DOLLARS; AND TO AMEND SECTION 16-13-385, RELATING TO ALTERING, TAMPERING WITH, OR BYPASSING ELECTRIC, GAS, OR WATER METERS, SO AS TO INCREASE THE MONETARY PENALTY FOR A FIRST OFFENSE VIOLATION FROM ONE HUNDRED TO TWO HUNDRED DOLLARS.

Rep. SHEHEEN explained the Bill.

H. 3208--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. M.D. BURRISS, with unanimous consent, it was ordered that H. 3208 be read the third time tomorrow.

H. 3800--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. DERRICK, with unanimous consent, it was ordered that H. 3800 be read the third time tomorrow.

H. 2638--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 2638 be read the third time tomorrow.

H. 3793--DEBATE ADJOURNED

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

H. 3793 -- Rep. J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-220 SO AS TO ALLOW THE SALE OF LEASED NURSING HOME FACILITIES SUBJECT TO LIMITATIONS.

H. 3315--DEBATE ADJOURNED

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

H. 3315 -- Reps. Beasley, Day, O. Phillips, Barfield, Fair, L. Martin, Hearn, Evatt, Cooper, Townsend, Alexander and M.D. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2935 SO AS TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR A VIOLATION OF SECTION 56-5-2930 (DUI); AND TO AMEND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING THE TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, AND TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED.

H. 3321--DEBATE ADJOURNED

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

H. 3321 -- Reps. Hayes, Hearn, Evatt, Rawl and Fair: A BILL TO AMEND SECTION 56-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OR REVOCATION OF A RESIDENT OR NONRESIDENT DRIVER'S PRIVILEGES UPON CONVICTION IN ANOTHER STATE FOR AN OFFENSE WHICH WOULD RESULT IN SUCH ACTION IF THE OFFENSE WERE COMMITTED IN THIS STATE, SO AS TO PROVIDE THAT SUCH SUSPENSIONS OR REVOCATIONS ARE MANDATORY INSTEAD OF DISCRETIONARY WITH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

H. 3516--OBJECTION AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3516 -- Reps. Lake, Washington, Petty, Stoddard, Blackwell, Hawkins, Ferguson, Shelton, McKay, Mattos, Alexander, Rice, S. Anderson, G. Bailey, Day, Simpson, L. Martin and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450 SO AS TO PROHIBIT THE USE OF A STUDENT'S GRADES AS A METHOD OF PUNISHMENT FOR CONDUCT UNRELATED TO THE STUDENT'S ACADEMIC PERFORMANCE.

Rep. DAVENPORT objected to the Bill.

Rep. LAKE explained the Bill.

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

OBJECTION TO MOTION

Rep. LAKE asked unanimous consent that H. 3516 be read a third time tomorrow.

Rep. BEASLEY objected.

H. 3693--OBJECTIONS

The following Bill was taken up.

H. 3693 -- Reps. Washington, McBride, Toal, Holt, Shelton, Rawl, Beasley, Taylor, R. Brown, T. Rogers, J. Rogers, Foster, Felder, Blanding, Rhoad, G. Brown, Bennett, Huff, Barfield, Gilbert, D. Martin, McTeer, Keyserling, G. Bailey, K. Bailey, J. Brown, Mitchell, Faber, Ferguson and Elliott: A BILL TO AMEND SECTION 53-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO DELETE MARTIN LUTHER KING'S BIRTHDAY FROM THE LIST OF HOLIDAYS STATE EMPLOYEES MAY OPT TO OBSERVE.

Reps. DAVENPORT, SIMPSON and H. BROWN objected to the Bill.

H. 3719--DEBATE ADJOURNED

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

H. 3719 -- Rep. Harvin: A BILL TO AMEND SECTION 56-5-4030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM WIDTHS OF VEHICLES OPERATED ON HIGHWAYS, SO AS TO PERMIT VEHICLES INCLUDING LOADS WITH WIDTHS OF NOT MORE THAN ONE HUNDRED TWO INCHES EXCLUSIVE OF SAFETY DEVICES TO OPERATE ON NATIONAL INTERSTATE AND DEFENSE HIGHWAYS AND OTHER HIGHWAYS DESIGNATED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO PERMIT BUSES NOT EXCEEDING THE SAME WIDTHS TO OPERATE ON ALL HIGHWAYS HAVING LANES TWELVE FEET OR MORE IN WIDTH AND ON OTHER STREETS AND HIGHWAYS WITHIN FIVE MILES OF ANY SUCH HIGHWAYS FOR ACCESS TO PASSENGER FACILITIES AND DESTINATIONS.

S. 1139--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1139 -- Senator Setzler: A BILL TO AMEND ACT 201 OF 1977, AS AMENDED, RELATING TO THE LICENSING AND REGULATION OF NONPUBLIC EDUCATIONAL INSTITUTIONS, SO AS TO PROVIDE THE REQUIREMENTS OF LICENSURE, TO PROVIDE FOR AMENDMENT OF A LICENSE, AND TO LIMIT THE PROGRAMS THAT MAY BE OFFERED.

Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 4081R), which was adopted.

Amend the bill, as and if amended, by striking Section 1 and inserting:

/SECTION 1. Section 4 of Act 201 of 1977 is amended to read:

"Section 4. No nonpublic educational institution established in this State ~~shall have~~ has the authority to confer degrees upon any person in this State or elsewhere, unless a license is first secured from the commission, and no nonpublic educational institution established elsewhere ~~shall have~~ has the authority to operate in or confer degrees in this State unless a license is first secured from the commission. The commission shall approve through licensure the location of and programs offered by the institution. The commission shall prescribe regulations to amend a license if an institution desires to operate at a location or offer programs other than the location or programs approved by the commission. The commission may not license any institution to offer a program if the commission determines that the program adversely affects the goals of the commission's plan to eliminate segregation in public institutions of higher education. The commission shall prescribe regulations to make the determination."/

Amend title to conform.

Rep. WASHINGTON explained the amendment.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. WASHINGTON asked unanimous consent that S. 1139 be read a third time tomorrow.

Rep. J. ARTHUR objected.

H. 2317--OBJECTIONS, AMENDED AND
ORDERED TO THIRD READING

The following Bill was taken up.

H. 2317 -- Rep. Fair: A BILL TO AMEND CHAPTER 13, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST AND ENFORCEMENT OF LAWS RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES BY ADDING ARTICLE 5, SO AS TO PROHIBIT CERTAIN PRACTICES BY PERSONS LICENSED TO SELL ALCOHOLIC LIQUOR OR BEER AND WINE FOR ON-PREMISES CONSUMPTION WHICH PRACTICES HAVE THE EFFECT OF ENCOURAGING CONSUMPTION OF THESE BEVERAGES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1711R), which was adopted.

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

/SECTION 1. Article 3, Chapter 13, Title 61 of the 1976 Code is amended by adding:

"Section 61-13-875. No person who holds a license or permit to sell beer, wine, or alcoholic liquor for on-premises consumption may advertise, sell, or dispense these beverages on a two or more for the price of one basis. The Alcoholic Beverage Control Commission is authorized to promulgate regulations necessary to implement this section. Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be punished as provided in Section 61-13-870."

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

Amend title to conform.

Rep. FAIR explained the amendment.

Rep. FOXWORTH moved to table the amendment which was not agreed to.

Rep. FOXWORTH objected to the Bill.

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

Rep. T.M. BURRISS objected to the Bill.

Rep. SHEHEEN explained the Bill.

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

H. 2317--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. FAIR, with unanimous consent, it was ordered that H. 2317 be read the third time tomorrow.

Rep. KIRSH moved that the House do now adjourn.

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

Yeas 47; Nays 41

Those who voted in the affirmative are:

Altman                 Anderson, J.           Arthur, J.
Arthur, W.             Bennett                Blanding
Boan                   Brown, J.              Carnell
Chamblee               Davenport              Elliott
Evatt                  Faber                  Ferguson
Foster                 Foxworth               Freeman
Gilbert                Harris, J.             Harris, P.
Hawkins                Holt                   Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Kirsh                  Koon                   Mangum
Martin, L.             McAbee                 McEachin
McKay                  McLeod                 Nettles
Rice                   Russell                Sharpe
Short                  Snow                   Tucker
Waldrop                Washington             Williams
Woodruff               Woods

Total--47

Those who voted in the negative are:

Anderson, S.           Bailey, G.             Barfield
Beasley                Blackwell              Bradley, P.
Brown, H.              Brown, R.              Burriss, M.D.
Burriss, T.M.          Cleveland              Cooper
Dangerfield            Day                    Derrick
Edwards                Fair                   Gentry
Hearn                  Hendricks, B.          Huff
Keyserling             Klapman                Lockemy
Mattos                 McBride                Moss
Petty                  Phillips, L.           Rawl
Rhoad                  Rogers, J.             Rogers, T.
Sheheen                Shelton                Simpson
Stoddard               Thrailkill             Toal
Townsend               White

Total--41

So, the motion to adjourn was agreed to.

S. 1255--RECALLED FROM THE COMMITTEE ON
LABOR, COMMERCE AND INDUSTRY

On motion of Rep. DANGERFIELD, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry.

S. 1255 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO LICENSING AND BUSINESS OF REAL ESTATE, DESIGNATED AS REGULATION DOCUMENT NUMBER 527, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

H. 3462--RECALLED FROM THE COMMITTEE ON
EDUCATION AND PUBLIC WORKS

On motion of Rep. STODDARD, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.

H. 3462 -- Reps. Moss, Day and Hearn: A BILL TO AMEND ACT 462 OF 1978, AS AMENDED, RELATING TO PARKING FOR HANDICAPPED PERSONS SO AS TO PROVIDE THAT MEMBERS OF THE STATE HIGHWAY PATROL MAY MAKE ARRESTS FOR VIOLATIONS OF THE ACT WHEREVER THEY OCCUR.

OBJECTION TO RECALL

Rep. McLEOD asked unanimous consent to recall H. 3850 from the Committee on Labor, Commerce and Industry.

Rep. KIRSH objected.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

ADJOURNMENT

At 4:50 P.M. the House in accordance with the motion of Rep. KIRSH adjourned to meet at 10:00 A.M. tomorrow.

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