Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, our Lord, always near enough to hear us when we pray and to answer us when we call, give us wisdom to perceive You, intellect to understand You, diligence to seek You, minds to meditate upon Your Word, and lives to proclaim Your way-that all our deliberations and actions may be informed and guided by the mind and spirit of our God. Overrule our mistakes; multiply the good things for the welfare of our citizens. Give us Your light to lead us and to dispel our doubts and fears. May the world of justice, brotherhood and peace begin with us.
And to You, our Heavenly Father, be all praise and honor. 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 the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The Senate amendments to the following Bill were taken up for consideration.
H. 2178 -- Rep. Rhoad: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF DENMARK-OLAR SCHOOL DISTRICT NO. TWO OF BAMBERG COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
Rep. WILDER moved to adjourn debate upon the Senate amendments for 15 minutes, which was adopted.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2121 -- Reps. Nettles and Washington: A BILL TO MAKE IT UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR RECKLESSLY ENGAGE IN ACTS WHICH MAY CAUSE PHYSICAL HARM FOR THE PURPOSE OF INITIATION INTO ANY FRATERNITY OR SORORITY IN CONNECTION WITH A SCHOOL, COLLEGE, OR UNIVERSITY; TO EXEMPT ATHLETIC EVENTS AND MILITARY TRAINING; TO AUTHORIZE THE EDUCATIONAL INSTITUTION TO EXPEL THE GUILTY STUDENT AND TO WITHDRAW RECOGNITION FROM THE ORGANIZATION; TO REQUIRE PRIOR APPROVAL FROM THE EDUCATIONAL INSTITUTION FOR ALL INITIATION ACTIVITIES; AND TO PROVIDE THAT IMPLIED OR EXPRESS CONSENT TO AN INITIATION ACTIVITY IS NOT A DEFENSE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2159 -- Reps. Hearn, Day, Moss, Limehouse, Wilkins, Haskins, Toal and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-27-15 SO AS TO PROVIDE INTERPRETERS FOR A DEAF PERSON WHO IS PARTY TO ANY LEGAL PROCEEDING OR A WITNESS THEREIN OR CONFINED TO ANY INSTITUTION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2201 -- Reps. Tucker and Huff: A BILL TO AMEND SECTION 56-5-2945, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONY DUI, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
Ordered for consideration tomorrow.
The following was introduced:
H. 2341 -- Reps. Rudnick, Evatt, Cork, T.M. Burriss, H. Brown, Gordon, Washington and Corning: A HOUSE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO MISCELLANEOUS RULES, BY ADDING A NEW RULE SO AS TO PROVIDE THAT NO SMOKING IS PERMITTED IN THE HALL OF THE HOUSE.
The Resolution was ordered referred to the Committee on Rules.
The Senate sent to the House the following:
S. 121 -- Senators Garrison, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MIDWESTERN FARMERS WHO SO GENEROUSLY CAME TO THE AID OF SOUTH CAROLINA FARMERS WITH DONATIONS OF HAY DURING THE SUMMER DROUGHT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 2342 -- Reps. Moss, Aydlette, Winstead, Ogburn, O. Phillips, Rice, Petty, Sturkie, Holt, Klapman, Ferguson, Hawkins, Keyserling, Nesbitt, Limehouse, Wells, Haskins, Kohn, Arthur, Thrailkill, Koon, Washington, Felder, Rudnick and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 26 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT BEGINNING IN 1988, ALL MAGISTRATES MUST BE ELECTED IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE IN A NONPARTISAN ELECTION TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
Referred to Committee on Judiciary.
H. 2343 -- Reps. McAbee, Aydlette, Sharpe, Kay, Haskins, J.C. Johnson, Huff, Taylor, Foxworth, Townsend, Simpson, Elliott, Rudnick, Carnell, Petty and G. Bailey: A BILL TO AMEND SECTION 59-26-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT OF SCHOOL TEACHERS, SO AS TO REQUIRE SCHOOL DISTRICTS TO OBTAIN CRIMINAL CONVICTION HISTORIES FROM THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION PRIOR TO EMPLOYING NEW TEACHERS AND TO PROVIDE A PROCEDURE FOR OBTAINING AND PAYING FOR THE REPORTS.
Referred to Committee on Education and Public Works.
H. 2344 -- Reps. E.B. McLeod, Washington, T. Rogers, Huff, Mappus, Hodges, Holt, Baxley, Blanding, Moss, Cooper, G. Brown, M.D. Burriss, Blackwell, McElveen, Harvin, Jones, Keyserling, Nesbitt, Evatt, Pearce, Sturkie, Bennett, Davenport, Rhoad, Chamblee, T.C. Alexander, Corning, G. Bailey, J.W. McLeod, Day, Wells, L. Martin, McEachin, Short, Ferguson, Stoddard, Simpson, Elliott, Snow, Clyborne, R. Brown, McGinnis, Whipper, Toal, L. Phillips, McBride, Wilder, Faber, J. Brown, K. Bailey, Rice, Fair, Altman, Kay, Lockemy, McLellan, Thrailkill, M.O. Alexander, Mattos, McCain, McTeer, Foster, Russell, Limehouse and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-65 SO AS TO REQUIRE THAT A REQUEST FOR MODIFICATION OR VARIANCE OF THE ORIGINALLY PERMITTED CAPACITY OF A WASTE TREATMENT STORAGE OR DISPOSAL FACILITY BE APPROVED BY REGULATION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND SUBSEQUENTLY ADOPTED BY THE GENERAL ASSEMBLY IN ACCORDANCE WITH THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT.
Rep. E.B. McLEOD asked unanimous consent to have the Bill place on the Calendar without reference.
Rep. SHARPE objected.
Referred to Committee on Agriculture and Natural Resources.
H. 2345 -- Rep. Wilkins: A BILL TO AMEND SECTION 2-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO INCLUDE THE CHIEF JUDGE AND ASSOCIATE JUDGES OF THE COURT OF APPEALS ON THE DISTRIBUTION LIST; TO AMEND SECTION 11-25-640, RELATING TO PROVISIONS CONCERNING PERSONS ENTITLED TO RECEIVE COPIES OF THE ACTS AND JOINT RESOLUTIONS, SO AS TO PROVIDE THAT COPIES OF THE ACTS AND JOINT RESOLUTIONS BE DISTRIBUTED TO THE COURT OF APPEALS; AND TO AMEND SECTION 2-13-190, RELATING TO ADVANCE SHEETS, SO AS TO INCLUDE THE COURT OF APPEALS JUDGES AND THE CLERK OF THE COURT OF APPEALS ON THE LIST OF DISTRIBUTION.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 25 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2936 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 A BLOOD TEST TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR ITS USE, AND TO RELEASE PERSONS ADMINISTERING THE TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT.
Referred to Committee on Judiciary.
S. 133 -- Senator J. Verne Smith: 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 PREGNANT AND BREASTFEEDING 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 asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. J. BRADLEY objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 159 -- Senator Williams: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PEREMPTORY CHALLENGES IN CRIMINAL CASES IN CIRCUIT COURTS, SO AS TO CHANGE THE REFERENCE TO "RAPE" TO "CRIMINAL SEXUAL CONDUCT".
Referred to Committee on Judiciary.
S. 266 -- Judiciary Committee: A BILL TO AMEND SECTION 15-78-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT SOVEREIGN IMMUNITY WILL NOT BAR RECOVERY IN CERTAIN CASES AND CAUSES OF ACTION REGARDLESS OF WHETHER OR NOT THE CASE WAS FILED ON OR BEFORE JULY 1, 1986, IF THE DEFENDANT MAINTAINED LIABILITY INSURANCE COVERAGE, AND TO PROVIDE THE LIMITS OF RECOVERY IN THE ABOVE CASES.
Referred to Committee on Judiciary.
S. 268 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WOMEN, INFANTS AND CHILDREN VENDORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 528, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 270 -- Senator Waddell: A JOINT RESOLUTION AUTHORIZING THE SOUTH CAROLINA TAX COMMISSION TO TRANSFER FUNDS FROM THE WARRANT REVOLVING FUND TO THE TAX STUDY COMMISSION AND THE STATE BUDGET AND CONTROL BOARD CIVIL CONTINGENT FUND.
Referred to Committee on Ways and Means.
S. 271 -- Senator Waddell: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS IN THE VARIOUS COUNTIES OF THE STATE, SO AS TO PROVIDE A JURY AREA FOR THE DAUFUSKIE ISLAND MAGISTERIAL DISTRICT AND TO REVISE THE JURY AREA OF THE BLUFFTON MAGISTERIAL DISTRICT.
Referred to Beaufort Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Koon Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Russell Sharpe Sheheen Shelton Short Simpson Stoddard Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Winstead
I came in after the roll call and was present for the Session on January 29, 1987.
Mickey Burriss Thomas N. Rhoad John Felder Lenoir Sturkie John H. Burriss Alex Harvin John J. Snow, Jr. E. Crosby Lewis J. Michael Baxley
LEAVES OF ABSENCE
The SPEAKER granted Rep. NEILSON a leave of absence for the remainder of the day due to a death in the family.
The SPEAKER granted Rep. G. BROWN a leave of absence for the remainder of the day to attend a funeral.
Announcement was made that Edward Catalano of Columbia, is the Doctor of the Day for the General Assembly.
On motion of Rep. BEASLEY, with unanimous consent, the House stood in silent prayer in memory of Rep. NEILSON's father-in-law, Charles Howard Neilson.
The following Joint Resolution was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 284 -- Senator Shealy: A JOINT RESOLUTION CALLING FOR A SPECIAL ELECTION ON TUESDAY, FEBRUARY 24, 1987, TO FILL A VACANCY ON THE LEXINGTON COUNTY BOARD OF EDUCATION FROM SCHOOL DISTRICT THREE.
The following Bill was taken up.
H. 2263 -- Judiciary Committee: A BILL TO AMEND CHAPTER 4 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-15 SO AS TO SET FORTH THE PUBLIC POLICY OF THAT CHAPTER AND PROVIDE THE BASIS FOR CONSTRUING IT; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD LANGUAGE TO DEFINE FURTHER THE TERM "PUBLIC BODY", AND TO ADD AND DELETE LANGUAGE UNDER THE DEFINITION OF "PUBLIC RECORD"; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, FEES, AND NOTIFICATION AS TO PUBLIC AVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT IF THE REQUEST FOR PRODUCTION IS GRANTED, THE RECORD MUST BE FURNISHED OR MADE AVAILABLE FOR INSPECTION OR COPYING, AND TO PROVIDE THAT IF WRITTEN NOTIFICATION OF THE DETERMINATION OF THE PUBLIC BODY AS TO THE AVAILABILITY OF THE REQUESTED PUBLIC RECORD IS NEITHER MAILED NOR PERSONALLY DELIVERED TO THE PERSON REQUESTING THE DOCUMENT WITHIN A CERTAIN PERIOD OF TIME, THE REQUEST MUST BE CONSIDERED APPROVED; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR THE EXEMPTION OF THE COMPENSATION OF FULL-TIME EMPLOYEES AT OR BELOW THE LEVEL OF FIFTY THOUSAND DOLLARS ANNUALLY, PROVIDE FOR THE EXEMPTION OF INFORMATION RELATIVE TO THE IDENTITY OF THE MAKER OF A GIFT TO A PUBLIC BODY UNDER CERTAIN CONDITIONS AND DEFINE "GIFT TO A PUBLIC BODY", AND REQUIRE THE PUBLIC BODY, UNDER CERTAIN CONDITIONS, TO MAKE NONEXEMPT MATERIAL AVAILABLE IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 4 OF TITLE 30; TO AMEND SECTION 30-4-70, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT AND EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DISCUSSION OF CERTAIN MATTERS CONCERNING AN EMPLOYEE, A STUDENT, OR A PERSON REGULATED BY A PUBLIC BODY MAY BE HELD IN A MEETING CLOSED TO THE PUBLIC, DELETE CERTAIN LANGUAGE, AND REQUIRE THE PRESIDING OFFICER TO ANNOUNCE THE SPECIFIC PURPOSE OF AN EXECUTIVE SESSION REGARDING A PUBLIC AGENCY; TO AMEND SECTION 30-4-80, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE ALL PUBLIC BODIES TO NOTIFY PERSONS OR ORGANIZATIONS, AND OTHERS, OF THE TIMES, DATES, PLACES, AND AGENDA OF ALL PUBLIC MEETINGS; AND TO AMEND SECTION 30-4-100, RELATING TO INJUNCTIVE RELIEF, COSTS, AND ATTORNEY'S FEES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO, AMONG OTHER THINGS, ALLOW ANY CITIZEN OF THE STATE TO APPLY TO THE CIRCUIT COURT FOR EITHER OR BOTH A DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF TO ENFORCE CHAPTER 4 OF TITLE 30 AS LONG AS APPLICATION IS MADE NO LATER THAN ONE YEAR (RATHER THAN SIXTY DAYS) FOLLOWING THE DATE ON WHICH THE ALLEGED VIOLATION OCCURS OR ONE YEAR AFTER A PUBLIC VOTE IN PUBLIC SESSION (RATHER THAN SIXTY DAYS AFTER RATIFICATION OF SUCH ACT IN PUBLIC SESSION), WHICHEVER COMES LATER, AND PROVIDE THAT A VIOLATION OF CHAPTER 4 TITLE 30 MUST BE CONSIDERED TO BE AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, January 28, 1987, by Rep. CORNING.
Rep. CORNING explained the amendment.
Rep. TOAL spoke against the amendment and moved to table the amendment.
Rep. P. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Brown, H. Brown, J. Brown, R. Carnell Chamblee Clyborne Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Ferguson Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Helmly Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Limehouse Martin, D. Martin, L. McBride McCain McEachin McKay McLeod, J.W. McTeer Moss Nettles Ogburn Pearce Petty Phillips, L. Rhoad Rice Rogers, T. Rudnick Russell Sharpe Sheheen Shelton Short Stoddard Taylor Toal Tucker Washington Whipper White Wilder Wilkins
Those who voted in the negative are:
Alexander, T.C. Blackwell Blanding Bradley, J. Bradley, P. Burriss, J.H. Burriss, M.D. Burriss, T.N. Cooper Corning Evatt Foster Foxworth Gregory Hearn Hendricks Holt Lockemy Mappus McElveen McGinnis McLellan McLeod, E.B. Nesbitt Phillips, O. Simpson Sturkie Townsend Wells Winstead
So, the amendment was tabled.
Reps. CORNING, FOXWORTH, P. BRADLEY, HEARN, McABEE and T.M. BURRISS objected to the Bill.
The Senate amendments to the following Bill were taken up for consideration.
H. 2178 -- Rep. Rhoad: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF DENMARK-OLAR SCHOOL DISTRICT NO. TWO OF BAMBERG COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
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.
The following Bill was taken up.
H. 2158 -- Reps. Mattos, Davenport, Clyborne, Carnell, Kirsh, Shelton, Foxworth, Elliott, Mappus, Rice, P. Bradley, McElveen, T.M. Burriss, E.B. McLeod, Blackwell and M.O. Alexander: A BILL TO AMEND SECTION 34-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT INTENT IN DRAWING CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT SUBSEQUENT PERSONS RECEIVING A CHECK, DRAFT, OR OTHER WRITTEN ORDER BY ENDORSEMENT FROM THE ORIGINAL PAYEE OR A SUCCESSOR ENDORSEE HAVE THE SAME RIGHTS THAT THE ORIGINAL PAYEE HAS AGAINST THE MAKER OF THE INSTRUMENT.
Rep. WILKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2035 -- Reps. J. Bradley, P. Bradley and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 33 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE MILITARY ORDER OF THE PURPLE HEART.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1593Y), which was adopted:
Amend the bill, as and if amended, by striking Section 56-3-3310 as contained in SECTION 1 and inserting:
/"Section 56-3-3310. The South Carolina Department of Highways and Public Transportation may issue a special motor vehicle license plate to a recipient of the Military Order of the Purple Heart. The annual fee for the special license plate is the same as the fee provided for in Section 56-3-2020 and only one plate may be issued to any person. The application for a special plate must include proof that the applicant is a member of the Military Order of the Purple Heart."/
Amend further by striking Section 56-3-3320 as contained in SECTION 1 and inserting:
/"Section 56-3-3320. The special license plates must be of the same size of regular motor vehicle license plates, upon which must be imprinted on the left side of the plates the distinctive Purple Heart insignia with numbers and designs determined by the Department. The license plate must be issued for an annual period which shall expire twelve months from the month in which the special license plate is issued."/
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2100 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-21-835 SO AS TO PROVIDE THE COUNTY MENTAL RETARDATION BOARDS CREATED BY COUNTY COUNCIL ACTIONS SHALL HAVE EQUAL STATUS AND PERFORM THE SAME DUTIES AS THOSE CREATED BY AUTHORITY OF SECTION 44-21-840.
Rep. P. HARRIS explained the Bill.
Rep. BLANDING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2102 -- Reps. P. Harris, J. Harris and Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-17-415 SO AS TO REQUIRE THAT THE RESULTS OF A COMPLETE PHYSICAL EXAMINATION OF A PERSON FIFTY-FIVE YEARS OF AGE OR OLDER MUST ACCOMPANY THE PETITION FOR EMERGENCY ADMISSION TO A MENTAL HEALTH FACILITY.
Rep. P. HARRIS explained the Bill.
Rep. WASHINGTON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2191 -- Reps. Mattos, Foxworth, Harvin, Davenport, J. Brown, Clyborne, Kay, P. Harris, Shelton, Mappus, P. Bradley, J. Bradley, McEachin, Blackwell, Rice, M.O. Alexander and L. Phillips: A BILL TO PROVIDE THAT THE ENGLISH LANGUAGE IS THE OFFICIAL LANGUAGE OF THE STATE OF SOUTH CAROLINA, TO PROVIDE THAT NEITHER THIS STATE NOR ANY POLITICAL SUBDIVISION THEREOF MAY REQUIRE THE USE OF ANY LANGUAGE OTHER THAN ENGLISH, AND TO PROVIDE EXCEPTIONS.
Rep. J.W. JOHNSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 2209 -- Reps. Thrailkill, Corning, Rudnick, Altman, Cork, Evatt, Baker, Waldrop, Hendricks, Simpson, McEachin, Harvin, Tucker, Limehouse, McElveen, Sturkie, Baxley, Neilson, T.M. Burriss, Blackwell, Cooper, Pearce, R. Brown, Lockemy, Elliott, Taylor, Gentry, Sharpe, Stoddard, Aydlette, Winstead, Rice, E.B. McLeod, Lewis, T.C. Alexander, M.D. Burriss, Holt, Chamblee, Townsend, T. Rogers, K. Bailey, Foxworth, McTeer, Wells, Rhoad, Hodges, J.C. Johnson, Derrick, P. Bradley, Hearn, Beasley, G. Brown, J. Bradley, L. Phillips, McKay, Kay, Snow, Petty, J.W. McLeod, J.W. Johnson, Hawkins, Davenport, Ogburn, Toal, Whipper, Nettles, Day, Helmly, McCain, Kohn, Hayes, Barfield, Fair, M.O. Alexander, Wilkins, Haskins, Mattos, G. Bailey, Foster, Blanding, McBride, Russell, McGinnis, Jones, Kirsh, J. Rogers, H. Brown, McLellan, Gordon, Moss, O. Phillips, Arthur, J.H. Burriss, J. Harris and Clyborne: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF DENTISTRY.
Rep. GREGORY moved to adjourn debate upon the Joint Resolution until Thursday, February 12, 1987.
Rep. LOCKEMY moved to table the motion.
Rep. HUFF made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2050 -- Reps. Kirsh, Klapman, Holt and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-1-100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE OR ACT AS A CREWMEMBER OF ANY AIRCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO PROVIDE FOR BLOOD ALCOHOL TESTS AND IMPLIED CONSENT TO THE TESTS, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO DEFINE CREWMEMBER.
Rep. FELDER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2083 -- Reps. Rice, Mattos, Fair and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-81 SO AS TO REQUIRE THE GOVERNING BODY OF A COUNTY TO CHANGE THE SIZE OR MANNER IN WHICH MEMBERS OF A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT ARE SELECTED IF REQUESTED BY RESOLUTION OF THE DISTRICT.
Rep. PEARCE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2323 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-82 SO AS TO PROVIDE FOR THE GOVERNING BODY OF ANY PUBLIC SERVICE DISTRICT TO TRANSFER ITS ASSETS AND PROPERTIES AND RESPONSIBILITIES FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER AND FOR THE DISSOLUTION OF THE DISTRICT UPON THE COMPLETION OF THE TRANSFER.
Rep. THRAILKILL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2324 -- Medical, Military, Public and Municipal Affairs Committee: 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 PREGNANT AND BREASTFEEDING 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.
Rep. J. BRADLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 2325 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO NOTIFICATION OF CANCELLATION OF INSURANCE POLICY; PROOF OF FINANCIAL RESPONSIBILITY FORMS; REPEAL 63-454 (FORMS), DESIGNATED AS REGULATION DOCUMENT NUMBER 754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. STODDARD explained the Joint Resolution.
Rep. TOAL made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 2326 -- Education and Public Works Committee: a JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 731, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. STODDARD explained the Joint Resolution.
Rep. KLAPMAN made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 2339 -- Reps. Beasley, T.M. Burriss, Toal, T. Rogers and Klapman: A JOINT RESOLUTION TO PROVIDE THAT FOR 1988 ONLY, ANY CERTIFIED POLITICAL PARTY MAY HOLD A STATE CONVENTION NO LATER THAN APRIL SIXTEENTH.
Rep. J. BRADLEY asked unanimous consent to refer H. 2325 to the Committee on Labor, Commerce and Industry.
Rep. L. PHILLIPS objected.
On motion of Rep. DANGERFIELD, with unanimous consent, the following was taken up for immediate consideration:
H. 2346 -- Reps. Dangerfield, J. Bradley, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE WILLIAM A. REEL, JR., ON HIS ELECTION TO THE OFFICE OF MAYOR OF THE TOWN OF EDGEFIELD AND TO WISH FOR HIM EVERY SUCCESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. J. BRADLEY, with unanimous consent, the following was taken up for immediate consideration:
H. 2347 -- Reps. Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper, Winstead, M.O. Alexander, T.C. Alexander, Altman, Arthur, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Koon, Lewis, Limehouse, Lockemy, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Wells, White, Wilder, Wilkins and Williams: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF HUGER SINKLER OF CHARLESTON UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following House Resolution was taken up.
H. 2286 -- Judiciary Committee: A HOUSE RESOLUTION CONCERNING THE RECOMMENDATION OF THE JUDICIARY COMMITTEE ON THE ELECTION APPEAL IN HOUSE DISTRICT 95.
Larry Mitchell, )
Protestant, )
)
-vs- ) RECOMMENDATION
)
)
William S. McCain and )
The Orangeburg County )
Election Commission, )
)
Respondents. )
Be it resolved by the House of Representatives:
Whereas, in House District 95 the State Election Commission certified Respondent William S. McCain as winner of the election and Protestant Larry Mitchell filed an appeal from said finding with the House of Representatives; and
Whereas, the appeal was referred to the Judiciary Committee by the Speaker of the House; and
Whereas, the Chairman of the Judiciary Committee referred the appeal to the Election Laws Subcommittee for its report and recommendation; and
Whereas, the Election Laws Subcommittee carefully considered the record produced by the State Election Commission; and
Whereas, the Election Laws Subcommittee carefully considered the written briefs and oral arguments presented by both sides and made its report and recommendation to the Judiciary Committee; and
Whereas, the Judiciary Committee carefully considered and adopted the report and recommendation of the Election Laws Subcommittee and by this resolution makes its recommendation of this appeal to the House of Representatives as follows:
1. The Judiciary Committee finds the Respondent William S. McCain won the election by two hundred thirty-one votes.
2. The Judiciary Committee further finds the House District 95 election was flawed because too few ballots were delivered to the Nix precinct, and the precinct ran out of ballots two hours before the polls closed.
3. The Judiciary Committee further finds the Protestant Larry Mitchell appealed the outcome of the election based on the failure of the Orangeburg Election Commission to furnish the requisite number of ballots to the Nix precinct and based on certain irregularities in the hearing and deliberation procedures of the Board of State Canvassers.
4. The Judiciary Committee further finds that the record is devoid of evidence sufficient to indicate that the irregularities in the provision of the requisite number of ballots were sufficient to affect the outcome of the election.
5. The Judiciary Committee further finds that the hearing and deliberation procedures were the same afforded and allowed to other parties for election appeals.
6. The Judiciary Committee further finds that there is not a sufficient showing and was not a sufficient showing before the Board of State Canvassers and in the record presented in this appeal that the irregularities were sufficient to affect the outcome of the election or to cast a substantial doubt as to the outcome of the election.
7. The Judiciary Committee further finds that the appeal of the Protestant be dismissed.
Now, therefore, be it resolved by the House of Representatives:
That the recommendation of the Judiciary Committee is adopted, and that the appeal Or the Protestant Larry Mitchell is dismissed.
Rep. TOAL did not participate in the debate of the Resolution and departed the Chamber before the debate began.
Rep. McCAIN did not participate in the debate of the Resolution.
Rep. WILKINS explained the House Resolution.
Reps. FERGUSON, WASHINGTON, FOSTER and FABER spoke against the Resolution.
Rep. HUFF moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
The SPEAKER granted Rep. McLELLAN a temporary leave of absence to attend a Budget and Control Board meeting.
Rep. FELDER moved to waive Rule 6.1, which was agreed to.
Rep. TAYLOR spoke against the Resolution.
Rep. TAYLOR moved to recommit the Resolution to the Committee on Judiciary.
Rep. WILKINS moved to table the motion.
Rep. McBRIDE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, G. Baker Barfield Baxley Bennett Blackwell Boan Bradley, J. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Corning Dangerfield Davenport Derrick Edwards Evatt Fair Felder Foxworth Gentry Gregory Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Klapman Koon Lewis Limehouse Lockemy Mappus Martin, L Mattos McEachin McElveen McGinnis McKay McLeod, E.B. McTeer Moss Nesbitt Nettles Ogburn Petty Phillips, L. Phillips, O. Rice Russell Sharpe Sheheen Short Simpson Stoddard Sturkie Thrailkill Townsend Tucker Waldrop Wells Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, T.C. Bailey, K. Beasley Blanding Brown, J. Cooper Faber Ferguson Foster Gilbert Gordon Harvin Holt Jones Martin, D. McBride Rudnick Shelton Taylor Washington Whipper White
So, the motion to table was agreed to.
Rep. McBRIDE moved to table the Resolution.
Rep. FABER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Blanding Brown, J. Faber Ferguson Foster Gilbert Gordon Harvin Holt Jones Kay Keyserling Martin, D. McBride Rhoad Rogers, T. Rudnick Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, J. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Edwards Elliott Evatt Fair Felder Foxworth Gentry Gregory Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Klapman Koon Lewis Limehouse Lockemy Mappus Martin, L. Mattos McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Russell Sharpe Sheheen Shelton Short Simpson Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Wells Wilder Wilkins Winstead
So, the House refused to table the Resolution.
Rep. GILBERT spoke against the Resolution.
Rep. TAYLOR proposed the following Amendment No. 1, which was tabled.
Amend as and if amended. By deleting sub paragraph 3 of paragraph 7 in its entirety and substitute the following -- "The seat is declared vacant"
Rep. TAYLOR explained the amendment.
Rep. GREGORY moved to table the amendment.
Rep. TAYLOR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Baxley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Corning Dangerfield Davenport Derrick Edwards Evatt Fair Felder Foxworth Gentry Gregory Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Kay Keyserling Klapman Koon Lewis Limehouse Mappus Martin, L. Mattos McAbee McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Nesbitt Nettles Ogburn Petty Phillips, L. Phillips, O. Rice Rogers, J. Russell Sharpe Sheheen Short Simpson Stoddard Sturkie Thrailkill Tucker Wells Wilder Wilkins Winstead
Those who voted in the negative are:
Bailey, K. Beasley Blanding Brown, J. Cooper Elliott Faber Ferguson Foster Gilbert Gordon Harvin Holt Johnson, J.C. Jones Lockemy Martin, D. McBride Rhoad Rogers, T. Rudnick Shelton Taylor Townsend Washington Whipper White
So, the amendment was tabled.
Rep. WHITE proposed the following Amendment No. 2 (Doc. No. 1704Y), which was ruled out of order.
Amend the Resolution, as and if amended, by striking all after the resolving words, beginning on page 1, and inserting:
/That the seat in House District 95 is declared vacant./
Amend title to conform.
Rep. GREGORY raised the Point of Order that Amendment No. 2 was identical to the previous amendment which had already been disposed of.
The SPEAKER stated the effect of the two amendments was the same, sustained the Point, and ruled Amendment No. 2 out of order.
Rep. McBRIDE moved that the House do now adjourn.
Rep. WINSTEAD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Brown, J. Faber Ferguson Harvin McAbee McBride Rhoad Rudnick Shelton Taylor Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Baxley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Edwards Elliott Evatt Felder Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Klapman Koon Lewis Limehouse Lockemy Mappus Martin, L. Mattos McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Nesbitt Nettles Petty Phillips, L. Phillips, O. Rice Rogers, T. Russell Sharpe Sheheen Short Simpson Snow Sturkie Thrailkill Townsend Tucker Wells Wilder Wilkins Winstead
So, the House refused to adjourn.
Reps. HARVIN, K. BAILEY and WHIPPER spoke against the Resolution. Rep. GREGORY spoke in favor of the Resolution. Rep. BLANDING spoke against the Resolution.
Rep. TAYLOR proposed the following Amendment No. 3 (Doc. No. 1705Y), which was tabled.
Amend the House Resolution, as and if amended, p. 3, by deleting lines 19 through 27 and inserting in lieu thereof the following:
/election; and
Whereas, it is believed that the attorneys for both sides in this matter should come before the House of Representatives for a full hearing on this matter.
Now, therefore, be it resolved by the House of Representatives:
That the attorneys for both sides in the above styled or captioned matter come before the House of Representatives for a full hearing on this matter on a date and at an hour to be set by the Speaker./
Amend title to conform.
Rep. GREGORY raised the Point of Order that the House Rules do not allow anyone outside of the House members to address the House.
The SPEAKER stated that Rule 4.13 allows for anyone to address the House who was invited by written Resolution which had been referred to the Invitations and Memorial Resolutions Committee, reported out of committee and adopted by the House. He further stated that if the amendment was adopted, and the Resolution, as amended, was then adopted, it would be immediately referred to the Invitations and Memorial Resolutions Committee for further action, and he therefore overruled the Point of Order.
Rep. WINSTEAD then raised the Point of Order that no persons except sitting members of the House may address the House from the floor.
The SPEAKER stated that there was a previous incident, where by written Resolution, someone not a member of the House had been allowed to address the House from the floor during Executive Session, therefore the provisions of Rule 4.13 would still apply, and he overruled the Point of Order.
Rep. TAYLOR explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. TAYLOR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Edwards Evatt Fair Felder Foxworth Gentry Gregory Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Kohn Koon Lewis Limehouse Mappus Martin, L. Mattos McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Nesbitt Nettles Ogburn Petty Phillips, L. Phillips, O. Rice Rogers, J. Russell Sharpe Sheheen Short Simpson Stoddard Sturkie Thrailkill Tucker Waldrop Wells Wilder Wilkins Winstead
Those who voted in the negative are:
Bailey, K. Blanding Brown, J. Elliott Faber Ferguson Foster Gilbert Gordon Harvin Holt Jones Kay Lockemy Martin, D. McAbee McBride Rhoad Rogers, T. Rudnick Shelton Taylor Townsend Washington Whipper White
So, the amendment was tabled.
Rep. TAYLOR proposed the following Amendment No. 4 (Doc. No. 1706Y), which was tabled.
Amend the House Resolution, as and if amended, p. 3, by deleting lines 19 through 27 and inserting in lieu thereof the following:
/election; and
Whereas, it is believed that this matter should be recommitted to the Committee on Judiciary and that a full hearing should be held in the City of Orangeburg on this matter.
Now, therefore, be it resolved by the House of Representatives:
That this matter is recommitted to the Committee on Judiciary and that a full hearing on this matter be held in the City of Orangeburg on a date and at a time designated by the Speaker./
Amend title to conform.
Rep. TAYLOR explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. TAYLOR demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 78 to 23.
Rep. TAYLOR proposed the following Amendment No. 5 (Doc. No. 1708Y), which was ruled out of order.
Amend the House Resolution, as and if amended, p. 3, by deleting lines 19 through 27 and inserting in lieu thereof the following:
/election; and
Whereas, it is believed that another election should be held in the Nix precinct of Orangeburg County only between the two persons involved in this matter and that the ballots cast in the Nix precinct on November 4, 1986, for these two persons should not be counted at all because of the irregularities in the election on that day in the contest for this particular House seat.
Now, therefore, be it resolved by the House of Representatives:
That another election be held in the Nix precinct of Orangeburg County only between the two persons involved in this matter and that the ballots cast in the Nix precinct on November 4, 1986, for these two persons not be counted at all because of the irregularities in the election on that day in the contest for this particular House seat./
Amend title to conform.
Rep. TAYLOR explained the amendment.
Rep. WILKINS raised the Point of Order that the amendment was violative of statutory law, and was therefore out of order.
Rep. TAYLOR argued that it was the place of the Judiciary to determine if anything passed by the House was unconstitutional, not the House.
The SPEAKER stated that the attorneys for the protestant had requested only one remedy to the situation, and that was for the seat to be declared vacant, and as the amendment went beyond the original intent of the appeal, he ruled the amendment out of order.
Reps. GORDON, TOWNSEND, WHITE and LOCKEMY spoke against the Resolution.
Rep. T. ROGERS moved to table the Resolution and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Beasley Blanding Brown, J. Elliott Faber Ferguson Foster Gilbert Gordon Harvin Holt Johnson,J.C. Jones Kay Keyserling Lockemy Martin,D. McAbee McBride McGinnis Pearce Rhoad Rogers,T. Rudnick Shelton Snow Taylor Townsend Washington Whipper White Wilder
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, G. Baker Barfield Baxley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Edwards Evatt Fair Felder Foxworth Gentry Gregory Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Kirsh Klapman Koon Lewis Limehouse Mappus Martin, L. Mattos McEachin McElveen McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Nesbitt Nettles Ogburn Petty Phillips, L. Phillips, O. Rice Rogers, J. Russell Sharpe Sheheen Short Simpson Stoddard Sturkie Thrailkill Tucker Waldrop Wells Wilkins Winstead
So, the House refused to table the Resolution.
Rep. WHITE moved to recommit the Resolution to the Judiciary Committee.
Rep. WILKINS moved to table the motion which was agreed to.
The question then recurred to the adoption of the Resolution.
Rep. WHITE moved to adjourn debate upon the Resolution until Tuesday, February 3, 1987.
Rep. GREGORY moved to table the motion which was agreed to by a division vote of 81 to 27.
Rep. FERGUSON moved that the House do now adjourn.
Rep. KLAPMAN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The question then recurred to the motion that the House do now adjourn which was not agreed to by a division vote of 23 to 88.
Rep. FERGUSON inquired where the House would stand if the Resolution was voted down.
The SPEAKER stated that Rep. McCAIN would retain the seat, unless another Resolution was introduced and passed.
Rep. FERGUSON moved that the House vote by voice vote.
Rep. GREGORY raised the Point of Order that the motion was out of order as the House Rules provide that the House vote by electric roll call.
The SPEAKER sustained the Point of Order and ruled the motion out of order.
Rep. WHITE moved to continue the Resolution.
Rep. WILKINS moved to table the motion.
The SPEAKER ruled the motion to table out of order.
The question then recurred to the motion to continue the Resolution, which was not agreed to, by a division vote of 24 to 84.
The question then recurred to the adoption of the Resolution.
Rep. FERGUSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Baker Barfield Baxley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, N. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Derrick Edwards Evatt Fair Felder Foxworth Gentry Gregory Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Kirsh Klapman Koon Lewis Limehouse Mappus Martin, L. Mattos McEachin McElveen McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Nesbitt Nettles Ogburn Petty Phillips, L. Rice Rogers, J. Russell Sharpe Sheheen Short Simpson Stoddard Sturkie Thrailkill Tucker Waldrop Wells Wilkins Winstead
Those who voted in the negative are:
Bailey, K. Beasley Blanding Brown, J. Davenport Elliott Faber Ferguson Foster Gilbert Gordon Harvin Holt Johnson, J.C. Jones Kay Keyserling Lockemy Martin, D. McAbee McBride McGinnis Moss Pearce Phillips, O. Rhoad Rogers, T. Rudnick Shelton Snow Taylor Townsend Washington Whipper White Wilder
So, the Resolution was adopted.
Rep. WILKINS moved to reconsider the vote whereby the Resolution was adopted.
Rep. GREGORY moved to table the motion.
Rep. WASHINGTON moved that the House do now adjourn.
Rep. McKAY raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. TAYLOR moved that the House recede until 5:30 and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Blanding Brown, J. Elliott Faber Ferguson Foster Gilbert Gordon Harvin Holt Jones McAbee McBride Rudnick Taylor Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Edwards Evatt Fair Felder Foxworth Gentry Gregory Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Martin, L. Mattos McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Russell Sharpe Sheheen Short Simpson Stoddard Sturkie Thrailkill Townsend Tucker Waldrop Wells Wilder Wilkins Winstead
So, the House refused to recede until 5:30.
The question then recurred to the motion to table the motion to reconsider.
Rep. FERGUSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Baxley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Derrick Edwards Evatt Fair Felder Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.W. Kirsh Klapman Koon Lewis Limehouse Mappus Martin, L. Mattos McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Nesbitt Nettles Ogburn Petty Phillips, L. Rice Russell Sharpe Sheheen Short Simpson Stoddard Sturkie Thrailkill Tucker Waldrop Wells Wilkins Winstead
Those who voted in the negative are:
Bailey, K. Beasley Blanding Brown, J. Davenport Elliott Faber Ferguson Foster Gordon Harvin Holt Johnson, J.C. Jones Keyserling Lockemy McAbee McBride Moss Phillips, O. Rhoad Rogers, J. Rogers, T. Rudnick Shelton Snow Taylor Townsend Washington Whipper White Wilder
So, the motion to reconsider was tabled.
Rep. T. ROGERS moved that the House do now adjourn.
Rep. TAYLOR raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
The following Concurrent Resolution was taken up.
H. 2219 -- Interstate Cooperation Committee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO ENACT WITHOUT DELAY APPROPRIATE LEGISLATION WHICH WOULD ALLOW A STATE TO REQUIRE THAT OUT-OF-STATE COMPANIES SELLING GOODS THROUGH CATALOG SALES IN THAT STATE COLLECT AND REMIT THE APPROPRIATE SALES TAX DUE THE STATE ON THE SALE.
Whereas, the Federal Interstate Commerce Act presently does not permit a state to require an out-of-state company selling goods by catalog in that state to impose and collect the appropriate state sales tax; and
Whereas, although some states have a use tax whereby a resident purchaser of out-of-state goods is required to pay a use tax to the state in which the goods are used, in practice it is virtually impossible for the taxing authorities of these states to collect such use taxes; and
Whereas, the above situation results in the loss each year of millions of dollars of uncollected sales and use tax revenue to the states concerned; and
Whereas, Congress in the past has considered legislation amending the Federal Interstate Commerce Act to allow a state to require that out-of-state companies who sell goods in that state by catalog collect and remit the necessary sales tax to the state; and
Whereas, the members of the General Assembly, by this resolution, express their belief that the immediate enactment of such legislation is urgently needed in order to correct a problem that is costing the states significant annual revenue losses in these times of fiscal austerity. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby memorialize the Congress to enact without delay appropriate legislation which would allow a state to require that out-of-state companies selling goods through catalog sales in that state collect and remit the appropriate sales tax due the state on the sale.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, to each United States Senator from South Carolina, each member of the House of Representatives from South Carolina, the Senate of the United States, and the House of Representatives of the United States.
Rep. CARNELL explained the Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. T. ROGERS moved that the House do now adjourn which was adopted.
The Senate returned to the House with concurrence the following:
H. 2227 -- Reps. Rudnick, Sharpe, Huff, Gentry and Jones: A CONCURRENT RESOLUTION URGING THE PRESIDENT AND THE UNITED STATES DEPARTMENT OF STATE TO TAKE NECESSARY AND APPROPRIATE ACTION TO ENABLE THE FAMILY OF MR. JON PATTIS OF AIKEN COUNTY TO OBTAIN VERIFIABLE INFORMATION CONCERNING THE HEALTH AND SAFETY OF MR. PATTIS, WHO IS BEING DETAINED IN SECRET BY THE GOVERNMENT OF IRAN.
H. 2289 -- Reps. J. Brown, M.D. Burriss, T.M. Burriss, Corning, Evatt, Faber, Hearn, McBride, T. Rogers, Taylor, Toal, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, R. Brown, J.H. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, Rudnick, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Thrailkill, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THEIR LATE COLLEAGUE, TROY L. HYATT.
H. 2340 -- Rep. Nettles: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE R. L. COCKFIELD OF FLORENCE COUNTY ON HIS ELECTION TO THE OFFICE OF MAYOR OF LAKE CITY AND TO WISH FOR HIM EVERY SUCCESS AS HE ASSUMES THE MANTLE OF LEADERSHIP.
H. 2346 -- Reps. Dangerfield, J. Bradley, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE WILLIAM A. REEL, JR., ON HIS ELECTION TO THE OFFICE OF MAYOR OF THE TOWN OF EDGEFIELD AND TO WISH FOR HIM EVERY SUCCESS.
H. 2347 -- Reps. Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper, Winstead, M.O. Alexander, T.C. Alexander, Altman, Arthur, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Koon, Lewis, Limehouse, Lockemy, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Wells, White, Wilder, Wilkins and Williams: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF HUGER SINKLER OF CHARLESTON UPON HIS DEATH.
At 3:30 P.M. the House in accordance with the motion of Rep. T. ROGERS adjourned to meet at 10:00 A.M. tomorrow.
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