South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

TUESDAY, FEBRUARY 3, 1987

Tuesday, February 3, 1987
(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:

Almighty God and Father, the Giver of all good things, may Your way descend upon us and pulsate through our hearts, minds and wills. Grant to each of us the wisdom to fulfill the tasks that are set before us. Banish all unworthy desires; consecrate our efforts; abolish all selfish drives. Make us gracious and magnanimous in success. And in failure, help us to turn difficulties into dividends, tragedy into triumph and to make stars out of our scars.

Hear this our prayer which we make to our God Who is altogether holy and righteous. 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 Friday, the SPEAKER ordered it confirmed.

RULES AND REGULATIONS WITHDRAWN

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 2, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives     (Doc. No. 528)

Dear Mrs. Shealy:

The South Carolina Department of Health and Environmental Control is hereby temporarily withdrawing regulations pertaining to Regulation Document No. 528, effective January 30, 1987. These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS RECEIVED

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 27, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives     (Doc. No. 808)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on January 27, 1987 regulations concerning the Elevator Code from the S.C. Department of Labor.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 27, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives     (Doc. No. 809)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on January 27, 1987 regulations concerning Amusement Rides Safety Code from the S.C. Department of Labor.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

REPORT RECEIVED
REPORT OF THE JOINT LEGISLATIVE AUTOMOBILE
LIABILITY INSURANCE STUDY COMMITTEE

On motion of Rep. McLELLAN, the Report was received.

The Report will be printed in the Senate Journal on Friday, February 6, 1987.

REPORT OF STANDING COMMITTEE

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

H. 2225 -- Reps. T.M. Burriss and Hearn: A HOUSE RESOLUTION TO AUTHORIZE THE AMERICAN CANCER SOCIETY TO USE THE HOUSE CHAMBER AT 10:00 A.M. ON MONDAY, MAY 25, 1987, TO CONDUCT ITS ANNUAL MEMORIAL SERVICE FOR CANCER VICTIMS.

H. 2225--ADOPTED

On motion of Rep. FOSTER, with unanimous consent, the following House Resolution was taken up:

H. 2225 -- Reps. T.M. Burriss and Hearn: A HOUSE RESOLUTION TO AUTHORIZE THE AMERICAN CANCER SOCIETY TO USE THE HOUSE CHAMBER AT 10:00 A.M. ON MONDAY, MAY 25, 1987, TO CONDUCT ITS ANNUAL MEMORIAL SERVICE FOR CANCER VICTIMS.

Be it resolved by the House of Representatives of the State of South Carolina:

That the American Cancer Society is authorized to use the chamber of the House of Representatives at 10:00 a.m. on Monday, May 25, 1987, for its annual memorial service for persons who have died of cancer during the year. If the House of Representatives is in statewide session the chamber may not be used.

Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with applicable procedures.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 2348 -- Reps. Waldrop and Gentry: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF NEWBERRY COUNTY PROBATE JUDGE FRANK H. WARD AND TO EXPRESS SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2349 -- Reps. Koon, Sturkie, Klapman, Sharpe, Derrick and J.H. Burriss: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. HUGH SCOTT, PROMINENT LEXINGTON COUNTY BUSINESS AND CIVIC LEADER, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2350 -- Reps. Waldrop, M.D. Burriss, McAbee, Beasley, T. Rogers, Taylor, Dangerfield, Thrailkill, Bennett, Corning, T.C. Alexander, L. Martin, J.H. Burriss, P. Harris, M.O. Alexander, G. Bailey, Hawkins, P. Bradley and Simpson: A CONCURRENT RESOLUTION TO CONGRATULATE CLEMSON UNIVERSITY'S "TIGER" FOOTBALL TEAM ON THEIR CAPTURING A VICTORY IN THE 1986 GATOR BOWL BY DEFEATING A TOUGH STANFORD "CARDINAL" TEAM.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2351 -- Reps. Koon, McElveen, Sturkie, Russell, Klapman, Huff, Derrick, Washington, Cooper, Sharpe, Foxworth, Hearn, Gilbert, E.B. McLeod, Whipper, G. Bailey, Rice, Toal, Blackwell, Short, McCain, Stoddard, Chamblee, Felder, Thrailkill, Hayes, J.W. McLeod, Lockemy, R. Brown, Pearce, Fair, McEachin, J.H. Burriss, McAbee, Carnell, J.C. Johnson, Snow and McTeer: A CONCURRENT RESOLUTION TO WELCOME TO SOUTH CAROLINA THE BILLY GRAHAM CRUSADE, TO BE HELD IN COLUMBIA ON APRIL 25-MAY 2, 1987, AND TO EXPRESS THE STRONG SUPPORT OF THE GENERAL ASSEMBLY FOR THIS SIGNIFICANT RELIGIOUS EVENT.

Whereas, the members of the General Assembly are delighted to learn that Dr. Billy Graham has scheduled a crusade in Columbia, the week of April 25-May 2, 1987; and

Whereas, this crusade will be one of the main highlights of Columbia's Ecumenical Year; and

Whereas, churches throughout Columbia and South Carolina are rapidly organizing and making preparations for this significant religious event in the lives of South Carolinians; and

Whereas, the members of the General Assembly, by this resolution, would like to welcome Dr. Graham and his whole team to South Carolina and lend their strong support for this upcoming crusade. Now, therefore,

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

That the members of the General Assembly hereby welcome to South Carolina the Billy Graham Crusade to be held in Columbia on April 25-May 2, 1987, and express their strong support for this significant religious event.

Be it further resolved that a copy of this resolution be forwarded to Dr. Billy Graham.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2352 -- Reps. P. Harris and Carnell: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF DR. E. JOHN LEASE OF GREENWOOD UPON HIS DEATH.

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

CONCURRENT RESOLUTION

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

H. 2353 -- Reps. Bennett, Felder, K. Bailey and McCain: A CONCURRENT RESOLUTION EXPRESSING THE DISMAY OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON LEARNING OF THE KU KLUX KLAN MARCH IN ORANGEBURG IN ORANGEBURG COUNTY PLANNED FOR SATURDAY, FEBRUARY 7, 1987.

Whereas, the members of the General Assembly have learned with dismay that the Ku Klux Klan plans a march in Orangeburg in Orangeburg County on Saturday, February 7, 1987; and

Whereas, while the first amendment of the United States Constitution protects the right of the people to exercise free speech, even to express peculiar or loathsome views, the members of the General Assembly, together with an overwhelming majority of South Carolinians, by this resolution, choose to exercise their first amendment rights by condemning the Ku Klux Klan and the hateful and despicable beliefs espoused by its members; and

Whereas, South Carolina has been blessed with racial and ethnic harmony which is a tribute to the tradition of civility and good manners bred into the people of this State and such a march by the Klan is conducted for the sole purpose of stirring racial and ethnic disharmony which has no place in this State and especially in the hearts and minds of the good people of Orangeburg in Orangeburg County. Now, therefore,

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

That the members of the General Assembly express their dismay upon learning of the Ku Klux Klan march in Orangeburg County planned for Saturday, February 7, 1987, and the good people of Orangeburg in Orangeburg County are urged to ignore utterly the planned march.

Be it further resolved that a copy of this resolution be forwarded to the mayor of Orangeburg.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2354 -- Rep. Thrailkill: A CONCURRENT RESOLUTION TO WELCOME DR. JOSEPH A. DEVINE, PRESIDENT OF THE AMERICAN DENTAL ASSOCIATION, TO OUR STATE TO INITIATE THE DENTAL ASSOCIATION'S FIRST NATIONAL SCIENTIFIC SEMINAR SERIES WHICH THE SOUTH CAROLINA DENTAL ASSOCIATION HOSTS IN COLUMBIA ON FEBRUARY 6, 1987.

Whereas, the South Carolina Dental Association was honored by being selected by the American Dental Association (ADA) to host the first scientific seminar in the United States; and

Whereas, Dr. Joseph A. Devine, ADA President, will officially initiate the national seminar series in South Carolina on February 6, 1987, titled "New Horizons in Dentistry" on the subject of cosmetic bonding; and

Whereas, Dr. Joseph A. Devine is a general dentist from Cheyenne, Wyoming, and a past vice-president of the one-hundred-forty-thousand-member American Dental Association, and has served as ADA trustee for the Fourteenth District from 1979-85, representing dentists in Arizona, Colorado, Hawaii, Nevada, New Mexico, and Utah, as well as Wyoming; and

Whereas, Dr. Devine, a graduate of Creighton University Dental School, received the school's Dentist of the Year Award in 1985; and

Whereas, he is a past president of the Wyoming Dental Association and was a member of the ADA House of Delegates for fourteen years before being elected to the Board of Trustees; and

Whereas, Dr. Devine is a fellow of the American College of Dentists and the International College of Dentists and was named Dentist of the Year in Wyoming in 1974-75, an honor bestowed only twice in the state's history; and

Whereas, he is active in community affairs, is a member of Rotary International, and has chaired the Wyoming Statewide Health Coordinating Council; and

Whereas, as the President of the ADA, Dr. Devine leads one of the largest professional organizations in the world which is involved in extensive research to improve the dental health of our citizens. Now, therefore,

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

That Dr. Joseph A. Devine, President of the American Dental Association, is warmly welcomed to our State to initiate the Dental Association's first national scientific seminar series which the South Carolina Dental Association hosts in Columbia on February 6, 1987.

Be it further resolved that a copy of this resolution be prepared for presentation to Dr. Devine at the seminar.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2355 -- Rep. Wells: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPRESSIVE HONORS BESTOWED ON O. WRAY SMITH, PRINCIPAL OF DORMAN HIGH SCHOOL OF SPARTANBURG COUNTY, IN RECOGNITION OF HIS ACCOMPLISHMENTS IN THE FIELD OF ART EDUCATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2356 -- Rep. Wells : A CONCURRENT RESOLUTION TO COMMEND CHRISTINE J. DAVIS, ART TEACHER AT DORMAN HIGH SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT NO. 6, FOR RECEIVING THE NATIONAL ART EDUCATION ASSOCIATION'S NATIONAL ART HONOR SOCIETY "SPONSOR OF THE YEAR AWARD FOR 1987".

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2357 -- Reps. Beasley, Baxley, Neilson, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Bennett, Blackwell, Blanding, Boan, J. Bradley, 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, Dangerfield, 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, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rhoad, Rice, 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 EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON LEARNING OF THE DEATH OF THEIR FORMER COLLEAGUE, THE HONORABLE GARY BYRD, JR., OF DARLINGTON COUNTY.

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

SILENT PRAYER

On motion of Rep. BEASLEY, with unanimous consent, the House stood in silent prayer in memory of former Member, Gary Byrd.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 325 -- Senator Hinson: A CONCURRENT RESOLUTION TO RECOGNIZE ONE OF LANCASTER COUNTY'S MOST OUTSTANDING CITIZENS, MR. IRWIN BLACKMON OF THE PLEASANT HILL COMMUNITY, AND TO CONGRATULATE HIM ON HIS EIGHTY-SIXTH BIRTHDAY.

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. 324 -- Senator Mitchell: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE JERRY TOWNES, MOST WORSHIPFUL GRAND MASTER OF THE FREE AND ACCEPTED MASONS OF SOUTH CAROLINA, OF GREENVILLE.

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. 326 -- Senators Thomas E. Smith, Jr., and Leatherman: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE STONE CONTAINER CORPORATION, IN FLORENCE COUNTY, ON THE FINE CORPORATE EXAMPLE IT SETS AS A LEADER IN THE COMMUNITY AND IN THE INDUSTRY.

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. 327 -- Senators Nell W. Smith, Applegate, Courson, Hayes and Land: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA ARTS COMMISSION ON BEING ONE OF ONLY FOUR STATE ARTS AGENCIES IN THE UNITED STATES AWARDED THE PRESTIGIOUS LOCAL PROGRAM CHALLENGE GRANT FROM THE NATIONAL ENDOWMENT FOR THE ARTS, AND ALSO CONGRATULATE THE ELEVEN LOCAL ARTS COUNCILS AND THEIR LOCAL GOVERNMENT AGENCIES ON THIS HONOR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2380 -- Reps. Toal, Sheheen, Evatt, Hearn, Taylor, T. Rogers, M.D. Burriss, T.M. Burriss, Corning, J. Brown, McBride, Faber and J. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF JOHN W. "TOOTIE" WILLIAMS OF COLUMBIA, CLERK OF THE UNITED STATES DISTRICT COURT OF SOUTH CAROLINA, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

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

H. 2381 -- Reps. J. Bradley and Kohn: A CONCURRENT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF INSURANCE AND THE CHIEF INSURANCE COMMISSIONER NOT TO APPROVE ANY INCREASES IN INSURANCE RATES WHETHER OR NOT A PREMIUM RATE INCREASE REQUEST HAS ALREADY BEEN FILED FOR A PERIOD OF ONE HUNDRED TWENTY DAYS.

Whereas, in recent months insurance companies doing business in South Carolina have filed and have had approved substantial increases in premium rates; and

Whereas, these increases in rates continue a pattern of substantial rate increases in various lines of insurance over the past several years; and

Whereas, it is the opinion of the General Assembly that current rate levels are certainly sufficient for the risks involved and perhaps are excessive; and

Whereas, the General Assembly, by this resolution, desires that a moratorium on any additional insurance rate increases be imposed for a period of one hundred twenty days. Now, therefore,

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

That the General Assembly hereby directs the State Department of Insurance and the Chief Insurance Commissioner not to approve any increases in insurance rates whether or not a premium rate increase request has already been filed for a period of one hundred twenty days.

Be it further resolved that a copy of this resolution be forwarded to the State Department of Insurance and the Chief Insurance Commissioner.

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. 2358 -- Reps. Russell and Hawkins: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FRANCIS LEWIS FARMS AND TRUCKING, INC., IN SPARTANBURG COUNTY.

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

H. 2359 -- Reps. Hearn, Day and Moss: A BILL TO AMEND SECTIONS 43-33-20 AND 43-33-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS TO EQUAL ACCESS TO PUBLIC ACCOMMODATIONS AND HOUSING, SO AS TO EXTEND THE RIGHTS ALLOWED BLIND AND DEAF PERSONS WITH GUIDE DOGS TO ALL HANDICAPPED PERSONS REQUIRING SERVICE DOGS; AND TO AMEND SECTION 43-33-30, RELATING TO THE DUTIES OF DRIVERS IN APPROACHING PERSONS WITH WHITE CANES OR GUIDE DOGS, SO AS TO EXTEND THE PROVISIONS TO INCLUDE SERVICE DOGS ACCOMPANYING ANY HANDICAPPED PERSON.

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

H. 2360 -- Reps. Hayes, Fair and Hearn: A BILL TO AMEND SECTION 56-1-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE THE OPERATOR'S LICENSE TO DRIVE IS CANCELLED, SUSPENDED, OR REVOKED, SO AS TO REVISE AND INCREASE THE PENALTIES FOR VIOLATIONS, AND TO REPEAL SECTION 56-9-70 ALSO RELATING TO PENALTIES FOR DRIVING WHILE LICENSE OR REGISTRATION OR OPERATING PRIVILEGE HAS BEEN SUSPENDED OR REVOKED.

Referred to Committee on Judiciary.

H. 2361 -- Reps. Davenport, T. Rogers, Whipper, M.D. Burriss, Townsend, Winstead, J. Bradley, J.C. Johnson, Rhoad, Sharpe, M.O. Alexander, Faber, Haskins, Keyserling, Koon, O. Phillips, Baker, McElveen, G. Bailey, Kay, Holt, E.B. McLeod, L. Phillips, Rice, J. Harris, Nesbitt, Gilbert, Beasley, Hayes, Shelton, Mattos, Felder, Clyborne, Edwards, Stoddard, Corning, Sturkie, Neilson, Klapman, Hawkins, Simpson, T.C. Alexander, Hendricks, Hodges, Helmly, G. Brown, Dangerfield, Gentry, Sheheen, Pearce, Chamblee, Day, Thrailkill, Taylor, J.W. McLeod, McBride, Waldrop, Toal, McGinnis, Wells, Gregory, Huff, R. Brown, Arthur, Barfield, Lewis, Petty, T.M. Burriss, Russell, Cooper, H. Brown, Hearn, Washington, Rudnick, McEachin, Jones, Tucker, Elliott, Fair, J. Rogers, Mappus, Altman, Snow, McTeer and Foxworth: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO ADOPT SAFETY STANDARD NO. 205, (GLAZING MATERIALS) OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND TO PROVIDE THAT THE STANDARDS PROVISIONS ALSO APPLY TO INDIVIDUALS AND PROHIBIT THEM FROM MODIFYING THEIR MOTOR VEHICLE WINDOWS IN VIOLATION OF SAFETY STANDARD NO. 205.

Referred to Committee on Education and Public Works.

H. 2362 -- Rep. Thrailkill: A JOINT RESOLUTION TO TRANSFER FIFTY-FIVE MILLION DOLLARS FROM THE EDUCATION IMPROVEMENT ACT FUND TO THE SCHOOL BUILDING FUND OF THE EDUCATION IMPROVEMENT ACT IN THE 1987-88 FISCAL YEAR.

Referred to Committee on Ways and Means.

H. 2363 -- Reps. P. Harris and Tucker: A BILL TO AMEND SECTION 12-35-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO INCLUDE WITHIN THE DEFINITION OF "RETAILER" AN INSURANCE COMPANY SELLING MOTOR VEHICLES ACQUIRED IN SETTLEMENT OF CLAIMS AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1155 SO AS TO IMPOSE THE SALES AND USE TAX ON THE GROSS PROCEEDS OF THE SALE OF MOTOR VEHICLES ACQUIRED BY INSURANCE COMPANIES IN SETTLEMENT OF CLAIMS.

Referred to Committee on Ways and Means.

H. 2364 -- Reps. Sharpe, M.D. Burriss, Winstead, Kay, Sturkie, Barfield, Jones, J.H. Burriss, Townsend, Huff, Hearn, Koon, McElveen, Tucker, Elliott, Keyserling, Pearce, Cooper, Thrailkill, Simpson, Foxworth, McTeer, Baxley, J.C. Johnson and Altman: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.

Rep. SHARPE asked unanimous consent to have the Bill placed on the calendar without reference.

Rep. WASHINGTON objected.

Referred to Committee on Judiciary.

H. 2365 -- Reps. Koon, Sharpe and Thrailkill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-55 SO AS TO REQUIRE PIT BULL DOGS AND OTHER BREEDS OF DOGS WITH AN INBRED INSTINCT, OR WHICH ARE TRAINED, TO FIGHT OR ATTACK TO BE KEPT IN A FENCED OR OTHER ENCLOSURE FROM WHICH THE ANIMALS MAY NOT ESCAPE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

H. 2366 -- Reps. O. Phillips, Moss, Day and Arthur: A BILL TO AMEND SECTION 16-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILLEGAL USE OF STINK BOMBS, TEAR-GAS BOMBS, AND SIMILAR DEVICES, SO AS TO ADD SMOKE BOMBS AND SIMILAR DEVICES; TO PROVIDE THAT THE USE OF SUCH A DEVICE WHICH MAY INFLICT INJURY OR CAUSE FEAR SUFFICIENT TO INCITE A RIOT OR CONDITIONS OF PANIC IS UNLAWFUL; TO ADD STADIUMS AND ARENAS AND SIMILAR STRUCTURES AS LOCATIONS WHERE THE USE OF THE DEVICES ARE UNLAWFUL; TO INCREASE THE PENALTIES FOR VIOLATIONS FROM IMPRISONMENT FOR NOT MORE THAN ONE YEAR AND A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH, TO IMPRISONMENT FOR NOT MORE THAN FIVE YEARS OR A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS, OR BOTH; AND TO PROVIDE THAT THE COURT MAY ORDER ALL OR A PORTION OF A FINE TO BE PAID TO PERSONS INJURED AS A RESULT OF THE VIOLATION TO RECOVER NECESSARY MEDICAL EXPENSES.

Referred to Committee on Judiciary.

H. 2367 -- Reps. O. Phillips, Moss, T.M. Burriss and R. Brown: A BILL TO AMEND SECTION 23-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR DISTRIBUTORS, JOBBERS, AND RETAILERS SELLING FIREWORKS, SO AS TO CHANGE REFERENCES TO PERMITS TO LICENSES, TO INCREASE THE FEE FOR DISTRIBUTORS AND JOBBERS LICENSES, TO PROVIDE THEY MUST BE OBTAINED FROM THE STATE BOARD OF PYROTECHNIC SAFETY, TO DELETE REFERENCES TO THE STATE FIRE MARSHAL, AND TO PROVIDE THAT LICENSE FEE PROCEEDS MUST BE PAID TO THE GENERAL FUND OF THE STATE, AND TO AMEND THE 1976 CODE BY ADDING SECTION 23-35-75 SO AS TO REQUIRE LICENSES OF THE STATE BOARD OF PYROTECHNIC SAFETY TO COMPLY WITH LOCAL BUILDING AND FIRE PROTECTION STANDARDS AND BUSINESS LICENSE REQUIREMENTS.

Referred to Committee on Labor, Commerce and Industry.

H. 2368 -- Reps. Sheheen, Barfield, Boan, Elliott, Hayes, Huff, J.W. Johnson, Keyserling, Lewis, D. Martin, Pearce, J. Rogers, Sharpe, Shelton, Snow, Taylor, Toal, McLellan, Short, Gentry, Evatt, McGinnis, Hodges, M.O. Alexander, T. Rogers, O. Phillips, McEachin, H. Brown, J.W. McLeod, Gregory, Klapman, Nesbitt, Helmly, Baxley, McCain, Wilder and Felder: A BILL TO ENACT THE LOCAL GOVERNMENT FINANCE ACT AUTHORIZING COUNTIES TO LEVY, WITHIN LIMITS, LOCAL SALES AND USE TAXES; TO ALLOW COUNTIES AND MUNICIPALITIES TO LEVY, WITHIN LIMITS, LOCAL INCOME TAXES OR LOCAL OPTION OCCUPATIONAL TAXES, LOCAL MOTOR VEHICLE LICENSE TAXES, LOCAL ADMISSIONS TAXES; TO REQUIRE THAT AN ADVISORY REFERENDUM MUST BE CONDUCTED PRIOR TO THE IMPLEMENTATION BY THE COUNTY OF THE LOCAL OPTION SALES AND USE TAX; TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE CHARGES FOR COIN-OPERATED DEVICES, SO AS TO AUTHORIZE MUNICIPALITIES AND COUNTIES TO LEVY A LOCAL OPTION COIN-OPERATED DEVICE TAX; AND TO REPEAL SECTIONS 56-3-430 AND 56-3-440 RELATING TO PROHIBITING MUNICIPALITIES WITH POPULATIONS BETWEEN FIFTY-FIVE THOUSAND AND SEVENTY THOUSAND FROM CHARGING INSPECTION OR REGISTRATION FEES, AND THE AUTHORITY OF MUNICIPALITIES WITH POPULATIONS OF SEVENTY THOUSAND OR MORE TO REQUIRE REGISTRATION OF MOTOR VEHICLES.

Referred to Committee on Ways and Means.

H. 2369 -- Reps. Felder, Fair and Beasley: A JOINT RESOLUTION TO PROVIDE THAT PUBLIC SCHOOLS, KINDERGARTEN AND GRADES ONE THROUGH TWELVE, MAY NOT PROVIDE INSTRUCTION IN ANY COURSES RELATING TO SEX EDUCATION OR HUMAN SEXUALITY UNTIL LEGISLATION IS ENACTED REGULATING COURSES RELATING TO THE SUBJECT.

Rep. FELDER asked unanimous consent to have the Resolution placed on the Calendar without reference.

Rep. T. ROGERS objected.

Referred to Committee on Education and Public Works.

H. 2370 -- Reps. Felder, Fair, Beasley and Townsend: A JOINT RESOLUTION TO PROVIDE THAT PUBLIC SCHOOLS, KINDERGARTEN AND GRADES ONE THROUGH TWELVE, MAY NOT ALLOW THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PARTICIPATE IN ANY MANNER IN THE INSTRUCTION IN ANY COURSES RELATING TO SEX EDUCATION OR HUMAN SEXUALITY UNTIL LEGISLATION IS ENACTED REGULATING COURSES RELATING TO THE SUBJECT, TO DEFINE PARTICIPATION, AND TO PROVIDE FOR PRINCIPALS TO USE UTMOST DISCRETION IN THE SELECTION AND CONTINUATION OF THE COURSES.

Referred to Committee on Education and Public Works.

H. 2371 -- Reps. Gregory and White: A BILL TO AMEND SECTION 40-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE STATE BOARD OF DENTISTRY, SO AS TO AUTHORIZE THE DENTAL HYGIENIST MEMBER TO VOTE ON DISCIPLINARY MATTERS FOR DENTISTS; TO AMEND SECTION 40-15-80, RELATING TO THE DEFINITION OF "DENTAL HYGIENE", SO AS TO REDEFINE THE TERM, TO AUTHORIZE A REGISTERED HYGIENIST TO PERFORM CERTAIN SERVICES UNDER THE GENERAL SUPERVISION OF A LICENSED DENTIST, AND TO DEFINE "GENERAL SUPERVISION"; AND TO AMEND SECTION 40-15-270, RELATING TO RECIPROCAL AGREEMENTS FOR DENTISTS AND DENTAL HYGIENISTS LICENSED IN OTHER STATES, SO AS TO DELETE LANGUAGE REQUIRING MEMBERSHIP IN REGIONAL TESTING SERVICES AND PROVIDE THAT THE BOARD MAY GRANT LICENSES TO LICENSEES OF OTHER STATES IF THE REQUIREMENT FOR LICENSURE IN THOSE STATES IS SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR LICENSURE REQUIRED BY THE PROVISIONS OF CHAPTER 15 OF TITLE 40.

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

H. 2372 -- Reps. O. Phillips, Moss, Cooper, Petty, Hawkins, Wells, Fair, McGinnis, Day, Rice and Arthur: A JOINT RESOLUTION TO PROVIDE FOR THE 1986-87 SCHOOL YEAR THAT NO MORE THAN THREE DAYS MISSED BECAUSE OF BAD WEATHER CONDITIONS MAY BE EXCUSED.

Rep. L. PHILLIPS asked unanimous consent to have the Resolution placed on the Calendar without reference.

Rep. KIRSH objected.

Referred to Committee on Education and Public Works.

H. 2373 -- Rep. Pearce: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 39 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SHRINERS, INCLUDING PROVISIONS WHICH SET AN ANNUAL FEE, WHICH MAKE IT UNLAWFUL TO VIOLATE THE PROVISIONS OF THIS ARTICLE OR KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON ANY VEHICLE EXCEPT THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OR TO COMMIT CERTAIN FRAUDULENT ACTS, AND WHICH PROVIDE PENALTIES.

Referred to Committee on Education and Public Works.

H. 2374 -- Reps. Gregory, White and Short: A BILL TO AMEND SECTION 1-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATES FOR THE PROGRAMS AND FUNCTIONS OF CERTAIN STATE AGENCIES, BOARDS, DEPARTMENTS, AND COMMISSIONS, SO AS TO REVISE THESE DATES; AND TO AMEND SECTION 1-20-60, RELATING TO THE METHOD BY WHICH a STATE AGENCY SCHEDULED FOR TERMINATION MAY BE REAUTHORIZED, SO AS TO INCREASE FROM SIX TO TEN YEARS THE MAXIMUM PERIOD FOR WHICH AN AGENCY MAY BE REAUTHORIZED AND TO PROVIDE THAT REAUTHORIZATION IS EFFECTIVE ONLY UPON ENACTMENT OF A JOINT RESOLUTION.

Referred to Committee on Judiciary.

H. 2375 -- Reps. Gregory, White and Short: A BILL TO REAUTHORIZE THE BOARD OF PHARMACEUTICAL EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-43-70, RELATING TO FEES FOR EXAMINATION AND LICENSING OF PHARMACISTS, SO AS TO DELETE THE FEE OF TEN DOLLARS REQUIRED FOR LICENSING A PHARMACIST AND TO AUTHORIZE THE BOARD TO ESTABLISH THE FEE BY REGULATIONS; TO AMEND SECTION 40-43-230, AS AMENDED, RELATING TO THE RENEWAL OF LICENSES AND FEES FOR PHARMACISTS, SO AS TO DELETE THE PROVISIONS WHICH PROVIDE FOR PENALTIES FOR PERSONS DEFAULTING FOR ONE OR MORE YEARS IN PAYING THE RENEWAL FEE; AND TO AMEND SECTION 40-43-390, RELATING TO THE APPLICATION FOR RENEWAL FOR A PERMIT FOR THE OPERATION OF A PHARMACY, SO AS TO CHANGE THE RENEWAL DATE OF PERMITS FROM JUNE TO JANUARY.

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

H. 2376 -- Reps. Gregory, White and Short: A BILL TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS; AND TO AMEND SECTION 40-69-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP AND QUALIFICATIONS AND TERMS OF THE BOARD, SO AS TO PROVIDE THAT THE BOARD INSTEAD OF THE SOUTH CAROLINA VETERINARIANS' ASSOCIATION SHALL CONDUCT AN ELECTION TO NOMINATE PERSONS TO THE BOARD.

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

H. 2377 -- Rep. J. Bradley: A BILL TO AMEND CHAPTER 1 OF TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL ACTIONS BY ADDING SECTION 15-1-325 SO AS TO PROVIDE THAT AN INSURED WHO IS SUED IN CONNECTION WITH AN OCCURRENCE COVERED BY HIS INSURANCE POLICY IN WHICH THE INSURER HAS AN OBLIGATION TO DEFEND MAY SELECT THE ATTORNEY TO DEFEND THE ACTION, AND TO PROVIDE THAT THE ATTORNEY MUST BE COMPENSATED BY THE INSURER AT HIS STANDARD RATES.

Referred to Committee on Judiciary.

H. 2378 -- Rep. Kohn: A BILL TO AMEND SECTION 8-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL NEPOTISM SO AS TO FURTHER PROVIDE FOR WHAT CONSTITUTES NEPOTISM AND TO PROVIDE CERTAIN EXCEPTIONS.

Referred to Committee on Judiciary.

H. 2379 -- Rep. P. Harris: A BILL TO AMEND SECTIONS 59-113-10, 59-113-20, 59-113-30, AND 59-113-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION GRANTS, SO AS TO CHANGE THE NAME OF THE HIGHER EDUCATION TUITION GRANT COMMITTEE TO HIGHER EDUCATION TUITION GRANT COMMISSION, PROVIDE THAT THE COMMISSION IS RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND SHALL REPORT TO THE GENERAL ASSEMBLY AT LEAST ANNUALLY, CHANGE THE QUALIFICATIONS FOR A TUITION GRANT SO AS TO ALLOW A PERSON WHO IS ENROLLED IN A COURSE OF STUDY LEADING TO A DEGREE IN RELIGIOUS EDUCATION TO RECEIVE A TUITION GRANT, PROVIDE FOR WHAT THE MAXIMUM AMOUNT UNDER CHAPTER 113 OF TITLE 59 MAY NOT EXCEED, AND PROVIDE A NEW DEFINITION OF AN "INDEPENDENT INSTITUTION OF HIGHER LEARNING" FOR THE PURPOSES OF THAT CHAPTER.

Referred to Committee on Education and Public Works.

S. 318 -- Judiciary Committee: A BILL TO AMEND SECTION 33-9-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONVERTIBLE SECURITIES OF BUSINESS CORPORATIONS, SO AS TO DELETE THE PROVISION WHICH ALLOWS A CORPORATION TO ISSUE BONDS CONVERTIBLE INTO SHARES WITHIN SUCH PERIOD AND UPON SUCH CONDITIONS AS FIXED BY THE BOARD OF DIRECTORS ONLY IF THE ARTICLES OF INCORPORATION AUTHORIZE THE ISSUANCE.

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

S. 322 -- Senators Dennis, Waddell, Lindsay, Patterson, Lourie, Giese, Courson and Branton: A BILL TO AMEND SECTION 31-10-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWER OF A REDEVELOPMENT COMMISSION OF A MUNICIPALITY TO ISSUE AND SELL BONDS, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE YEARS THE MAXIMUM MATURITY TIME OF THE BONDS.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Brown, J.              Brown, R.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cooper
Cork                   Corning                Dangerfield
Day                    Derrick                Elliott
Evatt                  Faber                  Fair
Felder                 Foxworth               Gentry
Gilbert                Gordon                 Gregory
Harris, J.             Harris, P.             Harvin
Haskins                Hawkins                Hearn
Helmly                 Hendricks              Hodges
Holt                   Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Keyserling
Kirsh                  Klapman                Kohn
Koon                   Lewis                  Limehouse
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McKay
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Nettles                Ogburn                 Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Russell
Sharpe                 Sheheen                Shelton
Short                  Simpson                Snow
Stoddard               Sturkie                Taylor
Thrailkill             Toal                   Townsend
Tucker                 Waldrop                Washington
Wells                  Whipper                Wilder
Wilkins                Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 3, 1987.

Samuel R. Foster                  Robert N. McLellan
Tee Ferguson
Total Present--117

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on February 3, 1987.

John H. Burriss                   Robert Hayes, Jr.

LEAVES OF ABSENCE

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

The SPEAKER granted Reps. WHITE and J.H. BURRISS a leave of absence for the day due to illness.

DOCTOR OF THE DAY

Announcement was made that James B. Page of Greenville, is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

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.

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.

H. 2158--AMENDED AND ORDERED TO THIRD READING

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.

Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1554Y), which was adopted.

Amend the bill, as and if amended, in item (d) of Section 34-11-70 of the 1976 Code, as contained in SECTION 1, by inserting after /instrument/ on line 6/, if the maker of the instrument has the same defenses against subsequent persons as he may have had against the original payee/ so that when amended item (d) shall read:
/(d)For purposes of this chapter, 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, if the maker of the instrument has the same defenses against subsequent persons as he may have had against the original payee. However, the remedies available under this chapter may be exercised only by one party in interest./

Amend title to conform.

Rep. HUFF explained the amendment.

The amendment was then adopted.

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

H. 2100--DEBATE ADJOURNED

Rep. J. BRADLEY moved to adjourn debate upon the following Bill until Tuesday, February 17, 1987, which was adopted.

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.

H. 2102--DEBATE ADJOURNED

Rep. J. BRADLEY moved to adjourn debate upon the following Bill until Tuesday, February 17, 1987, which was adopted.

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.

H. 2191--AMENDED AND ORDERED TO THIRD READING

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. LOCKEMY proposed the following Amendment No. 1 (Doc. No. 1725Y), which was adopted.

Amend the bill, as and if amended, p. 1, SECTION 2, by deleting line 29 and inserting in lieu thereof the following:

/English; provided, however, that nothing in this act shall prohibit a state agency or a political subdivision of the State from requiring an applicant to have certain degrees of knowledge of a foreign language as a condition of employment where appropriate./

Amend title to conform.

Rep. LOCKEMY explained the amendment.

The amendment was then adopted.

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

H. 2209--OBJECTIONS AND ORDERED
TO THIRD READING

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. LOCKEMY explained the Joint Resolution.

Reps. GREGORY and SHORT objected to the Joint Resolution.

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

H. 2050--AMENDED, OBJECTION AND
DEBATE ADJOURNED

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. RUDNICK moved to adjourn debate upon the Bill.

Rep. GENTRY moved to table the motion, which was agreed to.

Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1626Y), which was adopted.

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

/SECTION 1. Chapter 1 of Title 55 of the 1976 Code is amended by adding:

"Section 55-1-100. (A) It is unlawful for any person to operate or act as a crewmember of any aircraft in this State:

(1) within eight hours after the consumption of any alcoholic beverage;

(2) while under the influence of alcohol; or

(3) while using any drug that affects his faculties in any way contrary to safety.

(B) Any person who operates or acts as a crewmember of any aircraft in this State is considered to have given consent to a chemical test of his breath for the purpose of determining the alcoholic content of his blood if arrested for violating the provisions of subsection (A). The test must be administered at the direction of a law enforcement officer who has apprehended a person while or after operating or acting as a crewmember of any aircraft in this State while under the influence of intoxicating liquor. The test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, using methods approved by the division. The arresting officer may not administer the test, and no test may be administered unless the defendant has been informed that he does not have to take the test. Any person who refuses to submit to the test violates the provisions of this subsection and, upon conviction, must be punished by a fine of two hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, or both. The penalties provided for in this subsection are in addition to those provided for in subsection (F).

No person is required to submit to more than one test for any one offense for which he has been charged, and the test must be administered as soon as practicable without undue delay.

The person tested may have a physician, qualified technician, chemist, registered nurse, or other qualified person of his own choosing conduct a test or tests in addition to the test administered by the law enforcement officer. The failure or inability of the person tested to obtain an additional test does not preclude the admission of evidence relating to the test taken at the direction of the law enforcement agency or officer.

The arresting officer or the person conducting the chemical test of the person apprehended promptly shall assist that person to contact a qualified person to conduct additional tests.

The division shall administer the provisions of this subsection and may make regulations as may be necessary to carry out its provisions. The Department of Health and Environmental Control shall cooperate with the division in carrying out its duties.

(C) In any criminal prosecution for the violation of this section, the amount of alcohol in the defendant's blood at the time of the alleged violation, as shown by chemical analysis of the defendant's breath, is admissible as evidence.

The provisions of this subsection do not limit the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.

(D) Any person who is unconscious or otherwise in a condition rendering him incapable of refusal, is considered not to have withdrawn the consent provided by subsection (B).

(E) The person conducting the chemical test for the law enforcement officer shall record in writing the time of arrest, the time of the test, and the results of the test, a copy of which must be furnished to the person tested or his attorney prior to any trial or other proceedings in which the results of the test are used as evidence, and any person administering any additional test shall record in writing the time, type, and results of the test and promptly furnish a copy of the test to the arresting officer. A copy of the results of the test must be furnished to the Federal Aviation Administration and the South Carolina Aeronautics Commission by the arresting officer or the agency involved in the arrest.

(F) Any person who violates the provisions of subsection (A), upon conviction, must be punished by a fine of five hundred dollars or imprisonment for not less than forty-eight hours nor more than one year, or both.

(G) Any person who is convicted under the provisions of this section must be reported to the Federal Aviation Administration within ten days of conviction.

(H) For the purposes of this section crewmember means a person assigned to perform any duty in an aircraft during flight time, and aircraft means any contrivance now known or invented, used, or designed in the future for navigation of or flight in the air."

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

Renumber sections to conform.

Amend totals and title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. FELDER objected to the Bill.

Rep. RUDNICK moved to adjourn debate upon the Bill for five minutes, which was adopted.

H. 2083--DEBATE ADJOURNED

Rep. PEARCE moved to adjourn debate upon the following Bill until Wednesday, February 11, 1987, which was adopted.

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.

ORDERED TO THIRD READING

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

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. DERRICK explained the Bill.

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.

H. 2324--DEBATE ADJOURNED

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

H. 2325--DEBATE ADJOURNED

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

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.

H. 2326--OBJECTIONS

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.

Reps. WINSTEAD, AYDLETTE and HOLT objected to the Joint Resolution.

H. 2050--DEBATE ADJOURNED

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

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

H. 2121--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. NETTLES 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 statewide day.

The SPEAKER sustained the Point of Order.

H. 2159--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1635Y), which was adopted.

Amend the bill, as and if amended, Section 15-27-15, as contained in Section 1, line 15 of the bill as introduced, by deleting /or of the county where the proceedings take place, as designated by the court/ so that when amended Section 15-27-15 shall read: /Section 15-27-15. Whenever any deaf person is a party to any legal proceeding or a witness therein, or confined to any institution, the court shall appoint a qualified interpreter, or as many as needed, approved by the deaf person and either the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of the deaf person unless the deaf person waives such or the judge finds that it is not necessary for the fulfillment of justice. The court shall determine a reasonable fee for interpreting services which must be paid out of the general fund of the State./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

H. 2201--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. TUCKER 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 statewide day.

The SPEAKER sustained the Point of Order.

PARLIAMENTARY INQUIRY

Rep. MCTEER inquired whether the Chair would consider construing Rule 6.3, subsection 14.g. less strictly by allowing members to ask questions during the uncontested portion of the calendar.

The SPEAKER stated that his concern was that members would take too much time asking questions on one bill, which would delay consideration of other bills on the uncontested calendar as there was only thirty minutes allotted for uncontested bills on second reading.

H. 2263--OBJECTION WITHDRAWN

Rep. FOXWORTH withdrew his objection to H. 2263 however, other objections remained upon the Bill.

H. 2205--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 2205 -- Reps. Evatt, Cooper, Beasley, Fair, Lewis, L. Phillips, Hayes, Klapman, Kay, Townsend, L. Martin and Blackwell: A CONCURRENT RESOLUTION INVITING DR. BILLY GRAHAM, WORLD RENOWNED EVANGELIST, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, APRIL 29, 1987.

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

That Dr. Billy Graham, world renowned evangelist, is invited to address the General Assembly in joint session in the Hall of the House of Representatives at 12:00 Noon on Wednesday, April 29, 1987.

Be it further resolved that a copy of this resolution be forwarded to Dr. Billy Graham.

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

MOTION PERIOD

The motion period was dispensed with on motion of Rep. FELDER.

H. 2263--INTERRUPTED DEBATE

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.

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

Amended, as and if amended, by striking on page 4 lines 22 through 28 -- strike all the underlined words, so as to eliminate the exemption provided by those lines.

Rep. BLACKWELL explained the amendment.

Rep. CORK moved to table the amendment.

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

Yeas 69; Nays 34

Those who voted in the affirmative are:

Arthur                 Bailey, G.             Bailey, K.
Barfield               Baxley                 Blanding
Boan                   Brown, H.              Brown, J.
Brown, R.              Burriss, M.D.          Burriss, T.M.
Clyborne               Cork                   Corning
Dangerfield            Day                    Derrick
Elliott                Evatt                  Fair
Felder                 Foster                 Gentry
Gilbert                Gordon                 Harris, J.
Hearn                  Hendricks              Hodges
Huff                   Johnson, J.W.          Jones
Kay                    Keyserling             Koon
Limehouse              Lockemy                Mappus
Martin, D.             McBride                McCain
McLellan               McLeod, E.B.           McLeod, J.W.
McTeer                 Moss                   Nesbitt
Nettles                Ogburn                 Phillips, O.
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Short                  Snow                   Stoddard
Sturkie                Taylor                 Toal
Tucker                 Washington             Whipper
Wilder                 Wilkins                Williams

Total--69

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Baker                  Beasley                Blackwell
Bradley, J.            Bradley, P.            Carnell
Chamblee               Cooper                 Foxworth
Harvin                 Haskins                Hawkins
Holt                   Johnson, J.C.          Kirsh
Kohn                   Lewis                  Martin, L.
Mattos                 McAbee                 McElveen
McGinnis               Neilson                Petty
Rice                   Russell                Simpson
Townsend               Waldrop                Wells
Winstead

Total--34

So, the amendment was tabled.

Rep. TOAL moved to waive Rule 6.1.

Rep. J. BRADLEY moved to table the motion and demanded the yeas and nays, which were not ordered.

The motion to table the motion to waive Rule 6.1 was rejected by a division vote of 43 to 47.

The question then recurred to the motion to waive Rule 6.1.

POINT OF ORDER

Rep. J. BRADLEY raised the Point of Order that it was now 1:00 p.m., and in accordance with Rule 6.1, the House was now in recess.

The SPEAKER sustained the Point of Order and stated the House was now in recess until 2:15 p.m., at which time, in accordance with the proviso of Rule 6.1, the House would stand adjourned.

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2348 -- Reps. Waldrop and Gentry: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF NEWBERRY COUNTY PROBATE JUDGE FRANK H. WARD AND TO EXPRESS SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 2349 -- Reps. Koon, Sturkie, Klapman, Sharpe, Derrick and J.H. Burriss: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. HUGH SCOTT, PROMINENT LEXINGTON COUNTY BUSINESS AND CIVIC LEADER, UPON HIS DEATH.

H. 2350 -- Reps. Waldrop, M.D. Burriss, McAbee, Beasley, T. Rogers, Taylor, Dangerfield, Thrailkill, Bennett, Corning, T.C. Alexander, L. Martin, J.H. Burriss, P. Harris, M.O. Alexander, G. Bailey, Hawkins, P. Bradley and Simpson: A CONCURRENT RESOLUTION TO CONGRATULATE CLEMSON UNIVERSITY'S "TIGER" FOOTBALL TEAM ON THEIR CAPTURING A VICTORY IN THE 1986 GATOR BOWL BY DEFEATING A TOUGH STANFORD "CARDINAL" TEAM.

H. 2352 -- Reps. P. Harris and Carnell: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF DR. E. JOHN LEASE OF GREENWOOD UPON HIS DEATH.

H. 2354 -- Rep. Thrailkill: A CONCURRENT RESOLUTION TO WELCOME DR. JOSEPH A. DEVINE, PRESIDENT OF THE AMERICAN DENTAL ASSOCIATION, TO OUR STATE TO INITIATE THE DENTAL ASSOCIATION'S FIRST NATIONAL SCIENTIFIC SEMINAR SERIES WHICH THE SOUTH CAROLINA DENTAL ASSOCIATION HOSTS IN COLUMBIA ON FEBRUARY 6, 1987.

H. 2355 -- Rep. Wells: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPRESSIVE HONORS BESTOWED ON O. WRAY SMITH, PRINCIPAL OF DORMAN HIGH SCHOOL OF SPARTANBURG COUNTY, IN RECOGNITION OF HIS ACCOMPLISHMENTS IN THE FIELD OF ART EDUCATION.

H. 2356 -- Rep. Wells: A CONCURRENT RESOLUTION TO COMMEND CHRISTINE J. DAVIS, ART TEACHER AT DORMAN HIGH SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT NO. 6, FOR RECEIVING THE NATIONAL ART EDUCATION ASSOCIATION'S NATIONAL ART HONOR SOCIETY "SPONSOR OF THE YEAR AWARD FOR 1987".

H. 2357 -- Reps. Beasley, Baxley, Neilson, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Bennett, Blackwell, Blanding, Boan, J. Bradley, 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, Dangerfield, 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, Nesbitt, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, T. Rogers, Rhoad, Rice, 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 EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON LEARNING OF THE DEATH OF THEIR FORMER COLLEAGUE, THE HONORABLE GARY BYRD, JR., OF DARLINGTON COUNTY.

H. 2380 -- Reps. Toal, Sheheen, Evatt, Hearn, Taylor, T. Rogers, M.D. Burriss, T.M. Burriss, Corning, J. Brown, McBride, Faber and J. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF JOHN W. "TOOTIE" WILLIAMS OF COLUMBIA, CLERK OF THE UNITED STATES DISTRICT COURT OF SOUTH CAROLINA, UPON HIS DEATH.

ADJOURNMENT

At 1:01 P.M. the House in accordance with Rule 6.1 adjourned to meet at 2:00 P.M. tomorrow.

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