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

WEDNESDAY, APRIL 1, 1987

Wednesday, April 1, 1987
(Statewide Session)

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 Father, Whose presence is always near and Whose wisdom never fails, deliver us from self-deception and self-righteousness; from confusing our own selfish desires and ambitions with Your holy and perfect will; from indifference and over confidence; from cowardice and worry and all fear of the future; from an attitude of defeatism or a compromise with the forces of evil. Grant us an abundant measure of wisdom and understanding, courage and strength, faith and determination to meet all the demands and challenges of our day.

Thank You, good Lord, for this privilege of prayer. 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.

REPORTS OF STANDING COMMITTEES

Rep. P. HARRIS, from the Committee on Ethics submitted a report recommending that the Bill be referred to the Committee on Judiciary.

H. 2600 -- Reps. L. Martin, H. Brown, M.D. Burriss, T.M. Burriss, Hendricks, Simpson, G. Bailey, Holt, T.C. Alexander, Corning, Nesbitt, Hearn, Davenport, Evatt, Klapman, Wilder, Cork, Mappus, McGinnis, Altman, Kirsh, Baker, Williams, Haskins, McCain, J.H. Burriss, Wells and Barfield: A BILL TO AMEND ARTICLE 1 OF CHAPTER 7 OF TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION FUND, BY ADDING SECTION 42-7-110, SO AS TO PROVIDE THAT, WITH RESPECT TO REPRESENTATION INVOLVING A MATTER, CASE, OR PROCEEDING BEFORE THE STATE WORKERS' COMPENSATION COMMISSION, NO MEMBER OF THE GENERAL ASSEMBLY MAY ACCEPT OR ENGAGE IN REPRESENTATION OF ANY PERSON INSURED THROUGH THE FUND.

On motion of Rep. DANGERFIELD, the Bill was ordered referred to the Committee on Judiciary.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

S. 275 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BLIND PERSONS, ORPHANS, AND BOY AND GIRL SCOUTS BEING EXEMPT FROM HUNTING AND FISHING LICENSE REQUIREMENTS UNDER CERTAIN CONDITIONS, SO AS TO INCLUDE MENTALLY RETARDED PERSONS WITHIN THE PROVISIONS OF THIS SECTION.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

S. 445 -- Senator Land: A BILL TO AMEND SECTION 50-9-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TEN CONSECUTIVE-DAYS' NONRESIDENT FISHING LICENSE, SO AS TO DECREASE THE FEE FROM TWENTY DOLLARS AND FIFTY CENTS TO ELEVEN DOLLARS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 2177 -- Reps. Wilkins and Huff: A BILL TO AMEND SECTION 20-7- 1370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND TERMS OF JUDGES, SO AS TO INCREASE THE TERMS OF FAMILY COURT JUDGES FROM FOUR TO SIX YEARS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 2279 -- Rep. Pearce: A BILL TO PROVIDE THAT THE NAME OF ANY CANDIDATE AUTHORIZED TO APPEAR ON ANY BALLOT IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION FOR ANY OFFICE MAY BE THE CANDIDATE'S GIVEN NAME, A DERIVATIVE OF HIS GIVEN NAME, OR A NICKNAME, TO PROVIDE FOR A PROCEDURE FOR THE USE OF A DERIVATIVE NAME OR A NICKNAME ON THE BALLOT, AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 2549 -- Reps. McEachin, Keyserling and J.W. Johnson: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER FIRST TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ONLY ADJUSTED DOWNWARDLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARING ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 2550 -- Reps. McEachin, Keyserling and J.W. Johnson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY, AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 2558 -- Rep. McEachin: A BILL TO AMEND SECTION 33-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED APPROVAL BY THE SHERIFF OF A NONPROFIT CORPORATION'S DECLARATION OF INTENT TO INCORPORATE, SO AS TO PROVIDE THAT THE SHERIFF MAY DISAPPROVE THESE DECLARATIONS FOR CAUSE AND MUST STATE HIS REASONS FOR THE DISAPPROVAL IN WRITING TO THE APPLICANT, AND TO PROVIDE THAT THIS DISAPPROVAL MAY BE APPEALED BY THE APPLICANT TO THE CIRCUIT COURT.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 2704 -- Rep. Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 IN TITLE 15 SO AS TO ENACT THE UNIFORM FEDERAL LIEN REGISTRATION ACT AND TO REPEAL CHAPTER 57 OF TITLE 12 RELATING TO FEDERAL TAX LIENS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

S. 56 -- Senator Hayes: A BILL TO AMEND ACT 520 OF 1976, RELATING TO LEGISLATIVE MEMBERS OF STATE BOARDS AND COMMISSIONS, SO AS TO MAKE THE TERM OF LEGISLATIVE MEMBERS OF STATE BOARDS OR COMMISSIONS COTERMINOUS WITH THEIR TERM OF OFFICE IN THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 89 -- Senator Lourie: A BILL TO AMEND SECTIONS 56-1-460 AND 56-9-70, 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 INCREASE THE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

S. 465 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 24-13-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISED FURLOUGH PROGRAM UNDER THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT OF 1986, SO AS TO NOT INCLUDE INMATES WITHIN THE PROGRAM WHO HAVE COMMITTED THE CRIME OF CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE OR HAVE COMMITTED OR ATTEMPTED A LEWD ACT UPON A CHILD UNDER THE AGE OF FOURTEEN.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

S. 466 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 24-3-1120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE PRISON OVERCROWDING POWERS ACT, SO AS TO ADD TO THE DEFINITION OF "QUALIFIED PRISONER" THAT THE PRISONER HAS NOT BEEN CONVICTED OF CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE OR COMMITTING OR ATTEMPTING A LEWD ACT UPON A CHILD UNDER THE AGE OF FOURTEEN.

Ordered for consideration tomorrow.

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

H. 2527 -- Reps. Sharpe, G. Bailey, Hayes, Moss, Aydlette, Klapman, Blackwell, Sturkie, Jones, Kay, Simpson, Koon, J.C. Johnson, Thrailkill, Foxworth, Altman, Chamblee, Pearce, McTeer, J.W. McLeod, J.H. Burriss, R. Brown, Barfield, Townsend, M.O. Alexander, Rice, McCain, Gordon, H. Brown, Petty, Davenport, Wells, Neilson, Hendricks, Ferguson, Haskins, Baxley, McGinnis, Kirsh and Harvin: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN FUNCTIONS OF THE GOVERNOR BY ADDING SECTION 1-3-450 SO AS TO PROVIDE THAT THE GOVERNOR ON THE DAY OF BURIAL OR OTHER SERVICE FOR ANY FIREFIGHTER OR LAW ENFORCEMENT OFFICER IN THIS STATE WHO DIED IN THE LINE OF DUTY SHALL ORDER ALL FLAGS ON STATE BUILDINGS TO BE FLOWN AT HALF MAST IN TRIBUTE TO THE DECEASED FIREFIGHTER OR LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT THE GOVERNOR SHALL ALSO REQUEST THAT FLAGS OVER THE BUILDINGS OF THE POLITICAL SUBDIVISIONS OF THIS STATE SIMILARLY BE FLOWN AT HALF MAST FOR THIS PURPOSE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 2760 -- Reps. Aydlette, Washington, Holt, Whipper, Kohn, Foxworth, Mappus, Winstead, J. Bradley, D. Martin and Dangerfield: A CONCURRENT RESOLUTION TO CONGRATULATE THE JAMES ISLAND HIGH GIRLS' BASKETBALL TEAM, CHARLESTON COUNTY, ON ASSEMBLING A MAGNIFICENT SEASON RECORD OF 25-2, TO COMMEND HEAD COACH JANE BERRIER ON BEING NAMED COACH OF THE YEAR, AND TO RECOGNIZE THE ASSISTANT COACHES AND THE STAFF WHO HELPED IN PUTTING TOGETHER THIS FORMIDABLE TEAM.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2761 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE PLATOON SERGEANT CECIL L. PRUETTE OF CHERAW, CHESTERFIELD COUNTY, ON BEING SELECTED OUTSTANDING ARMY NATIONAL GUARDSMAN FOR 1986.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2762 -- Reps. Toal, Wilkins, Rudnick, Sheheen, Gentry, J.W. Johnson, Beasley, T. Rogers, Baxley, Taylor, Hearn, J.C. Johnson, Limehouse, McElveen, T.M. Burriss, Evatt, Huff, Gregory, Nettles, Ferguson, Short, Lewis, Haskins, Faber, D. Martin, Corning, Lockemy, Russell, McEachin, Hodges, Hayes and J. Rogers: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF PROFESSOR DAVID H. MEANS OF COLUMBIA AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND HIS MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2763 -- Rep. Barfield: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND PAUL E. CREEL, HORRY COUNTY, FOR HIS LOYAL AND DEDICATED PUBLIC SERVICE TO THE CITIZENS OF HORRY COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2764 -- Rep. Barfield: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND W. G. HUCKS, JR., OF HORRY COUNTY FOR HIS MANY YEARS OF PUBLIC SERVICE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2765 -- Reps. Harvin, Washington, Beasley, Faber, J.W. McLeod, H. Brown, Nesbitt, Taylor, Williams, Petty and Wells: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT SUCH LEGISLATION AS WILL CAUSE THE FEDERAL COMMUNICATIONS COMMISSION TO LIMIT THE SCOPE OF VIOLENCE WHICH MAY BE DEPICTED ON TELEVISION INCLUDING A LIMITATION ON VIOLENCE IN BROADCAST TIMES WHEN CHILDREN AND YOUNG PEOPLE ARE A MAJOR PART OF THE VIEWING AUDIENCE.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 2766 -- Reps. Aydlette, Washington, Sharpe, Holt, Whipper, Foxworth, Gentry, J.C. Johnson, T. Rogers, Toal, Pearce, Winstead, Cork, M.D. Burriss, G. Brown, Derrick, Mappus, Bennett, Hearn, Ferguson, Kay, Waldrop, Thrailkill, Cooper, McElveen, Short, Gregory, Lewis, Chamblee, Kohn, Evatt, D. Martin, E.B. McLeod and McTeer: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE ANCIENT FREE MASONS OF SOUTH CAROLINA ON THE OCCASION OF ITS TWO HUNDRED FIFTIETH ANNIVERSARY IN SOUTH CAROLINA AND TO EXTEND BEST WISHES FOR ITS CONTINUED GROWTH IN SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2767 -- Rep. Petty: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPMAN HIGH SCHOOL LADY PANTHERS OF SPARTANBURG COUNTY AND THEIR OUTSTANDING COACH, JANE LEWIS, UPON WINNING THE STATE CLASS AAA BASKETBALL CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2768 -- Reps. Klapman, Holt, Winstead, Foxworth, G. Brown, McTeer, Derrick, Snow and J.H. Burriss: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES ADMINISTRATOR OF VETERANS AFFAIRS TO INCREASE THE LEVEL OF CARE PROVIDED VETERANS IN VA HOSPITALS IN SOUTH CAROLINA AND THROUGHOUT THE NATION AND TO CURTAIL THE CUTBACK IN MEDICAL SERVICES RENDERED TO VETERANS IN VA HOSPITALS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 2769 -- Rep. Harvin: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMALS FOR PURPOSES OF CRUELTY TO ANIMALS SO AS TO REVISE THIS DEFINITION AND ADD CERTAIN OTHER DEFINITIONS, AND TO AMEND SECTION 47-1-40, RELATING TO THE UNLAWFUL ILL TREATMENT OF ANIMALS SO AS TO REVISE THE PROHIBITED OFFENSES, AND TO INCREASE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

H. 2770 -- Reps. Blackwell, L. Phillips and M.O. Alexander: A JOINT RESOLUTION PROPOSING AMENDMENTS TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII, CONSTITUTION OF SOUTH CAROLINA, 1985, RELATING TO DUAL OFFICEHOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO MEMBERS OF LAWFULLY AND REGULARLY ORGANIZED FIRE DEPARTMENTS AND CONSTABLES WHO HOLD ANOTHER OFFICE.

Referred to Committee on Judiciary.

H. 2771 -- Reps. Blackwell, L. Phillips and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-25-60 SO AS TO PROVIDE THAT ANY MEMBER OF A FIRE DEPARTMENT IS NOT CONSIDERED TO BE A DUAL OFFICEHOLDER, BY VIRTUE OF SERVING AS A MEMBER, FOR THE PURPOSES OF THE CONSTITUTION.

Referred to Committee on Judiciary.

H. 2772 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 41-10-10, 41-10-30, 41-10-40, 41-10-50, AND 41-10-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD AND MANNER OF THE PAYMENT OF WAGES, SO AS TO EXCLUDE FROM THE DEFINITION OF WAGES VACATION, HOLIDAY, SICK LEAVE, AND SEVERANCE PAYMENTS UNDER AN EMPLOYMENT CONTRACT, DELETE THE REQUIREMENT THAT AN EMPLOYER NOTIFY AN EMPLOYEE IN WRITING OF THE WORK HOURS AGREED UPON, TO PROVIDE THAT WRITTEN NOTICE IS NOT REQUIRED PRIOR TO AN INCREASE IN WAGES, TO PROVIDE THAT AN EMPLOYER KEEP RECORDS OF NAMES, ADDRESSES, WAGES, AND DEDUCTIONS OF EMPLOYEES FOR THREE YEARS, TO DELETE THE PROVISION PERMITTING DEPOSIT OF WAGES BY AN EMPLOYER TO AN EMPLOYEE'S CREDIT IN A FINANCIAL INSTITUTION, TO PROVIDE GUIDELINES FOR DEPOSIT OF WAGES UNDER A MANDATORY WAGE DEPOSIT PLAN, TO DELETE THE REQUIREMENT OF WRITTEN NOTICE WHEN AN EMPLOYEE IS DISCHARGED, TO PROVIDE THAT THE CIVIL PENALTY FOR VIOLATING SECTION 41-10-40 (EMPLOYEE WAGE DEPOSIT PLAN) SHALL NOT EXCEED TWO THOUSAND DOLLARS FOR MULTIPLE OFFENSES ARISING FROM A SINGLE TRANSACTION AND TO MAKE THE LEVYING OF THE CIVIL PENALTY PERMISSIVE RATHER THAN MANDATORY, TO PROVIDE THAT THE STATUTE OF LIMITATIONS TO RECOVER WAGES IS TWO YEARS AFTER THE WAGES BECOME DUE AND TO DELETE THE CRIMINAL PENALTY FOR REFUSING TO PAY WAGES; AND TO REPEAL SECTION 41-10-70 RELATING TO INVESTIGATION OF VIOLATIONS IN THE PAYMENT OF WAGES BY THE COMMISSIONER OF LABOR.

Without reference.

H. 2773 -- Reps. Wilkins, T. Rogers, H. Brown, J. Rogers, Gentry, Haskins, Toal, Hendricks, J.W. Johnson, Arthur, Short, Gregory, Wilder, D. Martin, Hayes and McElveen: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF ANY PERSON TWENTY-FIVE YEARS OF AGE OR YOUNGER WHO HAS COMPLETED HIS SERVICE OF HIS SENTENCE FOR A SPECIFIED MISDEMEANOR OFFENSE IF THIS OFFENSE WAS HIS FIRST VIOLATION OF ANY CRIME.

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

H. 2774 -- Rep. Blackwell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GOLDEN REGIMENT BOOSTERS ASSOCIATION, INC., OF TRAVELERS REST IN GREENVILLE COUNTY.

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

H. 2775 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO REPEAL CHAPTER 57 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEDDING.

Without reference.

H. 2776 -- Reps. J.W. McLeod and Neilson: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST SELLING WILD CARNIVORES AS PETS SO AS TO REMOVE FERRETS FROM THE LIST OF CARNIVORES.

Referred to Committee on Agriculture and Natural Resources.

S. 543 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-115 SO AS TO PROVIDE FOR THE PROHIBITION OF THE USE OF VARIOUS NETS AND SEINES IN THE WATERS OF THE STATE; TO AMEND SECTIONS 50-17-1050 AND 50-17-1055, RELATING TO DISTANCE BETWEEN NETS OR SEINES AND PUBLIC FISHING PIERS AND MANMADE JETTIES AND BETWEEN OTHER NETS AND SEINES, SO AS TO ELIMINATE REFERENCES TO GILL NETS; AND TO REPEAL SECTIONS 50-13-715, 50-17-1035, 50-17-1040, 50-17-1061, AND 50-17-1066, RELATING TO GILL NETS, ANCHOR NETS, OR SEINES.

Referred to Committee on Agriculture and Natural Resources.

S. 578 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED PROCEDURE WHEN A VOTER HAS BEEN CHALLENGED, SO AS TO PROVIDE FOR THE RESULTS WHEN EVIDENCE IS OFFERED AND NOT OFFERED TO SUSTAIN AN OBJECTION TO A VOTE; THE CERTIFICATION PROCEDURE THAT MUST BE FOLLOWED BY THE BOARD OF REGISTRATION WHEN A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK IS ALLOWED TO VOTE A CHALLENGED BALLOT; AND FOR AN ADMINISTRATIVE CHALLENGE IF THE PERSON CHALLENGED IS NOT A QUALIFIED ELECTOR.

Referred to Committee on Judiciary.

H. 2774--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 2774 be read the second and third times the next two successive legislative days.

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.             Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, J.
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Corning                Dangerfield            Davenport
Derrick                Edwards                Faber
Fair                   Ferguson               Foxworth
Gilbert                Gordon                 Gregory
Harris, J.             Harris, P.             Harvin
Haskins                Hawkins                Hayes
Hearn                  Helmly                 Hendricks
Hodges                 Holt                   Johnson, J.C.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Kohn
Lewis                  Limehouse              Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               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                Sharpe                 Sheheen
Shelton                Short                  Simpson
Snow                   Stoddard               Taylor
Thrailkill             Toal                   Townsend
Tucker                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams
Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 1, 1987.

Dick Elliott                      Parker Evatt
Fred Day                          Dell Baker
James W. Johnson, Jr.             Samuel R. Foster
Larry Gentry                      John Russell
Lenoir Sturkie                    Philip T. Bradley
Joseph McElveen, Jr.
Total Present--120

STATEMENTS OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Friday, March 20, 1987.

Reps. HARVIN, LOCKEMY and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, March 25, 1987.

Rep. R. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 31, 1987.

DOCTOR OF THE DAY

Announcement was made that Jennings K. Owens of Bennettsville is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 2733 -- Reps. Chamblee, Cooper, P. Harris, Kay, Townsend and Tucker: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REVISE THE VOTING PRECINCTS, PROVIDE FOR MAPS DEFINING THE REVISED PRECINCT BOUNDARIES, AND PROVIDE FOR THE ESTABLISHMENT OF POLLING PLACES.

H. 2196 -- Reps. J. Bradley, Holt and D. Martin: A BILL TO AMEND SECTION 6-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF HISTORICAL OR RECREATIONAL DISTRICTS FROM THE PROVISIONS OF ARTICLE 3 OF CHAPTER 11 OF TITLE 6 CONCERNING THE ALTERATION OF BOUNDARIES AND THE ISSUANCE OF GENERAL OBLIGATION BONDS OF SPECIAL PURPOSE DISTRICTS, SO AS TO DELETE RECREATIONAL DISTRICTS FROM THE EXEMPTION.

H. 2496 -- Reps. Kohn and J. Bradley: A BILL TO AMEND SECTION 38-43-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF CERTAIN INSURANCE FILINGS, SO AS TO EXTEND FROM SIXTY DAYS TO ONE YEAR THE MAXIMUM ADDITIONAL WAITING PERIOD THE CHIEF INSURANCE COMMISSIONER MAY REQUEST BEFORE HE IS REQUIRED TO RULE ON THE FILING.

H. 2271 -- Rep. Pearce: A BILL TO AMEND SECTION 16-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING A FIRE TO SPREAD TO PROPERTY OF ANOTHER, SO AS TO REDUCE THE MINIMUM FIRST OFFENSE IMPRISONMENT PENALTY FROM TWENTY DAYS TO FIVE DAYS AND TO INCREASE THE MAXIMUM FIRST OFFENSE FINE PENALTY TO TWO HUNDRED DOLLARS, TO DELETE THE COURTS AUTHORITY TO IMPOSE BOTH A FINE AND IMPRISONMENT FOR A FIRST OFFENSE, AND TO PROHIBIT THE SUSPENSION OF ANY PORTION OF THE PENALTY.

H. 2305 -- Rep. Rudnick: A BILL TO AMEND SECTION 2-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE OATH OF OFFICE TO MEMBERS OF THE GENERAL ASSEMBLY ELECTED IN A GENERAL ELECTION MUST BE ADMINISTERED TO THEM AT 11:00 A.M. ON THE MONDAY FOLLOWING THE ELECTION BY THE CLERK OF COURT OF THEIR COUNTY OF RESIDENCE AT THE COUNTY COURTHOUSE.

H. 2422 -- Reps. Clyborne, Blackwell, L. Phillips, Haskins, Baker, M.O. Alexander, Wilkins, McCain, P. Bradley, Petty, G. Bailey, McEachin and Corning: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR THE PUBLICATION OF A NOTICE OF PROPOSED REGULATION IN THE STATE REGISTER, SO AS TO REQUIRE THE PROPOSING AGENCY TO OBTAIN A PRELIMINARY FISCAL IMPACT STATEMENT FOR THE PROPOSED REGULATION FROM THE STATE BUDGET AND CONTROL BOARD WHICH MUST ACCOMPANY THE NOTICE PUBLISHED IN THE REGISTER; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO SUBMISSION OF PROPOSED REGULATIONS TO THE GENERAL ASSEMBLY, SO AS TO REQUIRE THE PROPOSED REGULATION FILED WITH THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO BE ACCOMPANIED BY A FISCAL IMPACT STATEMENT PREPARED BY THE STATE BUDGET AND CONTROL BOARD.

H. 2737 -- Reps. Foxworth, Holt, Whipper, J. Bradley, Kohn, Aydlette, Dangerfield and D. Martin: A BILL TO AMEND SECTION 51-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO DELETE OBSOLETE REFERENCES TO MEMBERS ON THE COMMISSION WHO ARE MEMBERS OF THE SOUTH CAROLINA AMERICAN REVOLUTION BICENTENNIAL COMMISSION AND SUBSTITUTE A MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER AND A MEMBER OF THE SENATE APPOINTED BY THE PRESIDENT.

H. 2743--ORDERED TO THIRD READING

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

H. 2743 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 50-17-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO DEFINE "PRIMARY WHOLESALE" AND "RETAIL" SEAFOOD DEALERS AND "SALTWATER FISHERY PRODUCTS" TO REGULATE THE SALE OF SALTWATER FISHERY PRODUCTS IN SOUTH CAROLINA AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. FOXWORTH continued speaking.

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

H. 2499--DEBATE ADJOURNED

Rep. OGBURN moved to adjourn debate upon the following Bill until Tuesday, April 7, which was adopted.

H. 2499 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-37-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURVEY BY THE CHIEF INSURANCE COMMISSIONER TO ASCERTAIN THE STATE OF MARKETING OUTLETS WITH RESPECT TO AUTOMOBILE INSURANCE AND THE REQUIREMENTS FOR QUALIFICATION AS A DESIGNATED AGENT, SO AS TO CHANGE THESE REQUIREMENTS FOR QUALIFYING AS A DESIGNATED AGENT.

H. 2501--DEBATE ADJOURNED

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

H. 2501 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS.

ORDERED TO THIRD READING

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

H. 2545 -- Reps. Sharpe and Jones: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIRE AND MARINE INSURANCE RATES BY ADDING SECTION 38-43-350 SO AS TO PROVIDE THAT FOR PURPOSES OF FIRE INSURANCE RATES, THE FACT THAT THE OWNER OF A BUILDING OR STRUCTURE IN AN AREA NOT OTHERWISE SERVICED BY A FIRE DEPARTMENT OF A POLITICAL SUBDIVISION OF THIS STATE SUBSCRIBES THROUGH THE PAYMENT OF DUES TO A VOLUNTEER FIRE DEPARTMENT MUST BE CONSIDERED IN SETTING THE RATES FOR THAT AREA IN THE MANNER THE CHIEF INSURANCE COMMISSIONER PRESCRIBES.

S. 569 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 799, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 2411--DEBATE ADJOURNED

Rep. PEARCE moved to adjourn debate upon the following Bill until after S. 239 is taken up, which was adopted.

H. 2411 -- Reps. Thrailkill, H. Brown, Aydlette, Barfield, Blackwell, Elliott, Baker, Rice, O. Phillips, Pearce, Altman, Gilbert, Foxworth, Stoddard, McElveen, Kirsh, Kay, J.W. McLeod, P. Harris, Nesbitt, J.W. Johnson, Petty, L. Phillips, T.C. Alexander, Ferguson, McCain, Simpson, McGinnis, Limehouse, Lockemy, Nettles, Fair, J. Bradley, McEachin, Day, Haskins, R. Brown, J. Harris, Gordon, Davenport, Moss, G. Bailey, Hodges, L. Martin, Dangerfield, Wells, Arthur, Russell, Wilder and Harvin: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO PROVIDE THAT THE CONVENTIONS MAY BE HELD IN LOCATIONS OTHER THAN COLUMBIA IF ADEQUATE FACILITIES FOR ALL DELEGATES AND ALTERNATE DELEGATES MAY BE PROVIDED.

H. 2446--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2446 -- Reps. Wilkins and Sheheen: A BILL TO AMEND SECTION 17-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING OF A DEFENDANT FOUND GUILTY BUT MENTALLY ILL, SO AS TO DELETE PROVISIONS ALLOWING THE COURT TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL; AND TO AMEND SECTION 17-24-20, RELATING TO THE REQUIREMENTS FOR VERDICTS OF GUILTY BUT MENTALLY ILL, SO AS TO PROHIBIT A COURT FROM ACCEPTING A PLEA OF GUILTY BUT MENTALLY ILL.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2517Y), which was adopted.

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

/SECTION 1. Section 17-24-10 of the 1976 Code is amended to read:

"Section 17-24-10. (A) It shall be is an affirmative a defense to a prosecution for a crime that, at the time of the commission of the act constituting the offense, the defendant, as a result of mental disease or defect, lacked the capacity to distinguish moral or legal right from moral or legal wrong and to recognize the particular act charged as morally or legally wrong.

(B) The defendant has the burden of proving the defense on insanity by a preponderance of the evidence.

(C) (B) Evidence of a mental disease or defect that is manifested only by repeated criminal or other antisocial conduct is not sufficient to establish the defense of insanity."

SECTION 2. Section 17-24-20 of the 1976 Code is amended to read:

"Section 17-24-20. (A) A defendant is guilty but mentally ill if, at the time of the commission of the act constituting the offense, he had the capacity to distinguish right from wrong and to recognize his act as being wrong as defined in Section 17-24-10(A), but because of mental disease or defect he lacked sufficient capacity to conform his conduct to the requirements of the law.

(B)             To return a verdict of "guilty but mentally ill" the burden of proof shall be upon the State to prove beyond a reasonable doubt to the trier of fact that the defendant committed the crime and the burden of proof shall be upon the defendant to prove by a preponderance of the evidence that when he committed the crime he was mentally ill as defined in subsection (A).

(C) (B) The verdict of guilty but mentally ill may be rendered only during the phase of a trial which determines guilt or innocence and is not a form of verdict which may be rendered in the penalty phase.

(C) A court may not accept a plea of guilty but mentally ill."

SECTION 3. Section 17-24-30 of the 1976 Code is amended to read:

"Section 17-24-30. In a prosecution for a crime when the affirmative defense of insanity is sufficiently raised by the defendant, or when sufficient evidence of a mental disease or defect of the defendant is admitted into evidence, the trier of fact shall find under the applicable law, and the verdict shall so state, whether the defendant is:

(1) Guilty;

(2) Not guilty;

(3) Not guilty by reason of insanity; or

(4) Guilty but mentally ill."

SECTION 4. Section 17-24-70 of the 1976 Code is amended to read:

"Section 17-24-70. In the event If a verdict is returned or a plea is accepted of 'guilty but mentally ill' the defendant shall must be sentenced by the trial judge as provided by law for a defendant found guilty, however:

(A) If the sentence imposed upon the defendant includes the incarceration of the defendant, the defendant shall must first be taken to a facility designated by the Department of Corrections for treatment and retained there until in the opinion of the staff at that facility the defendant may safely be moved to the general population of the Department of Corrections to serve the remainder of his sentence;

(B) If the sentence includes a probationary sentence, the judge shall have authority to may impose such those conditions and restrictions upon on the release of the defendant as the judge shall deem considers necessary for the safety of the defendant and of the community."

SECTION 5. Section 17-24-90 of the 1976 Code is repealed.

SECTION 6. This act takes effect upon approval by the Governor./

Renumber sections to conform.

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. 2742--OBJECTIONS

The following Bill was taken up.

H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS, PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND A POSSESSION LIMIT; AND TO INCREASE PENALTIES.

Reps. J. BRADLEY, BARFIELD and DANGERFIELD objected to the Bill.

H. 2021--POINT OF ORDER

The following Bill was taken up.

H. 2021 -- Reps. Harvin, T.M. Burriss, P. Bradley and Corning: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO PROSCRIBE THE FAILURE TO PROVIDE HUMANE CARE AND TREATMENT AND VETERINARY CARE AND TO INCREASE THE PENALTIES.

POINT OF ORDER

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.

H. 2392--POINT OF ORDER

The following Bill was taken up.

H. 2392 -- Rep. J. Rogers: A BILL TO AMEND SECTION 44-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO ADD TO THE BOARD THE CHAIRMAN OF THE HOUSE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE, OR HIS DESIGNEE, AND THE CHAIRMAN OF THE SENATE MEDICAL AFFAIRS COMMITTEE, OR HIS DESIGNEE.

POINT OF ORDER

Rep. GREGORY 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.

H. 2539--RECOMMITTED

The following Bill was taken up.

H. 2539 -- Reps. Evatt, Cooper, Blackwell, Kay, Townsend, Snow, Shelton, Helmly, Taylor and Foster: A BILL TO AMEND SECTIONS 44-7-110 THROUGH 44-7-340, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO CHANGE THE CITATION OF THE ARTICLE TO THE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, PROVIDE FOR A STATE MEDICAL FACILITIES PLAN, PROVIDE FOR THE CONSOLIDATION OF LICENSING REQUIREMENTS FOR HEALTH FACILITIES INCLUDING HOSPITALS, PSYCHIATRIC HOSPITALS, SKILLED NURSING CARE, INTERMEDIATE CARE, AMBULATORY SURGICAL, CHIROPRACTIC INPATIENT, COMMUNITY RESIDENTIAL CARE, AND ADULT DAY-CARE FACILITIES, FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, END-STAGE RENAL DISEASE UNITS, TO PROVIDE PENALTIES, AND TO REPEAL ARTICLES 4 AND 6, CHAPTER 7, TITLE 44 AND CHAPTER 65 OF TITLE 44 RELATING TO LICENSING, REGULATION, AND INSPECTION OF COMMUNITY RESIDENTIAL FACILITIES AND OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS AND DAY-CARE FACILITIES FOR ADULTS AND SECTIONS 44-7-350 THROUGH 44-7-460 RELATING TO REQUIREMENTS FOR LICENSING, GROUNDS FOR SUSPENSION AND REVOCATION OF LICENSE, AND FOR ADMINISTRATIVE REVIEW AND PENALTIES UNDER THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT.

Rep. LOCKEMY moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.

S. 329--POINT OF ORDER

The following Bill was taken up.

S. 329 -- Senator Dennis: A BILL TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO CONSTRUCT A WATER CONTROL STRUCTURE ON BIGGIN CREEK IN THE OLD SANTEE STATE PARK IN BERKELEY COUNTY.

POINT OF ORDER

Rep. DAY 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.

S. 422--POINT OF ORDER

The following Bill was taken up.

S. 422 -- Senators Nell W. Smith and Hayes: A BILL TO AMEND SECTION 20-7-2376, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR REVIEW OF CASES OF CHILDREN WHO HAVE RESIDED IN PUBLIC FOSTER CARE FOR A PERIOD OF MORE THAN FOUR CONSECUTIVE MONTHS NO LESS FREQUENTLY THAN ONCE EVERY SIX MONTHS; AND TO AMEND SECTION 20-7-2379, RELATING TO THE BOARD OF DIRECTORS FOR REVIEW OF FOSTER CARE, SO AS TO PROVIDE FOR THE SALARY OF THE STAFF EMPLOYED BY THE BOARD'S DIRECTOR.

POINT OF ORDER

Rep. BLACKWELL raised the Point of Order that the Bill did not have a Fiscal Impact Statement attached as required by Rule 5.13.

The SPEAKER stated that it was not required and he overruled the Point of Order.

POINT OF ORDER

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.

S. 455--POINT OF ORDER

The following Joint Resolution was taken up.

S. 455 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO CITY, COUNTY, AND REGIONAL HOUSING AUTHORITY BOND ISSUES FOR MULTIFAMILY HOUSING PROJECTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

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.

H. 2072--POINT OF ORDER

H. 2072 -- Reps. Fair, Beasley, Hayes, M.O. Alexander, G. Bailey, Baker, Barfield, Blackwell, H. Brown, R. Brown, M.D. Burriss, Chamblee, Clyborne, Cooper, Davenport, Elliott, Felder, Hearn, Jones, Kay, Kirsh, Lockemy, McGinnis, McTeer, Neilson, Nesbitt, Rice, Russell, Sharpe, Stoddard, Wells, Winstead, Corning, P. Bradley, Wilkins, L. Martin, T.M. Burriss, J.H. Burriss, Wilder, Day, McLellan, Haskins, Harvin and Waldrop: A BILL TO DESIGNATE SECTIONS 16-15-10 THROUGH 16-15-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, ARTICLE 1 OF CHAPTER 15 OF TITLE 16 OF THE 1976 CODE TO BE ENTITLED "MISCELLANEOUS OFFENSES", TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 IN CHAPTER 15 OF TITLE 16 SO AS TO PROVIDE FOR CRIMES RELATING TO OBSCENITY, MATERIAL HARMFUL TO MINORS, CHILD EXPLOITATION, AND CHILD PROSTITUTION AND TO PROVIDE PENALTIES, INCLUDING FORFEITURE, FOR VIOLATIONS, TO AMEND THE 1976 CODE BY ADDING SECTION 16-3-850 SO AS TO REQUIRE FILM PROCESSORS AND PHOTO FINISHERS WHO ARE REQUESTED TO DEVELOP FILM OF CHILDREN ENGAGING IN SEXUALLY EXPLICIT CONDUCT TO REPORT THE NAME AND ADDRESS OF THE INDIVIDUAL REQUESTING THE DEVELOPMENT TO THE LAW ENFORCEMENT OFFICIALS IN THE LOCALITY FROM WHICH THE FILM WAS ORIGINALLY FORWARDED; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THOSE CRIMES DESIGNATED FELONIES BY THE ARTICLE ADDED BY THIS ACT, AND TO REPEAL SECTIONS 16-15-260 THROUGH 16-15-440, RELATING TO OBSCENITY

POINT OF ORDER

Rep. T. ROGERS 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.

S. 98--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 98 -- Senator Peeler: 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, OR OTHER OFFENSIVE ODOR PRODUCING DEVICES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS FROM IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH, TO IMPRISONMENT FOR NOT MORE THAN TEN YEARS OR A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS, OR BOTH.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3374Y), which was adopted.

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

/SECTION 1. Section 16-7-160 of the 1976 Code is amended to read:

"Section 16-7-160. It shall be is unlawful for any person, other than a peace officer engaged in the discharge of his duty, to place, deposit or throw any a stink bomb, tear-gas bomb, smoke bomb, or any substitute or similar device used therefor which contains foul or offensive odors, may inflict injury, or cause fear sufficient to incite a riot or conditions of panic (a) in or in close proximity to any public building, storehouse, theatre, stadium, arena, motion picture theatre, private residence, or boardinghouse, or other building or other structure where people lodge, congregate, or reside, (b) within the curtilage of any such building, (c) on any sidewalk or street in front of any such building or in front of or near any rear or side entrance to any such building, (d) at any exit to any such building or (c) in, at or near any hole or vent or ventilator in any such building. Any person violating any eŁ the provisions hereof shall be of this section is guilty of a misdemeanor and on upon conviction shall must be punished by imprisonment for not more than one year five years or by a fine of not more than one five thousand dollars, or both, at the discretion of the trial judge. 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."

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

Renumber sections to conform.

Amend title to read:

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.

Rep. WILKINS explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. W. JOHNSON a leave of absence for the remainder of the day.

Rep. WILKINS continued speaking.

The amendment was then adopted.

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

H. 2751--POINT OF ORDER

The following Bill was taken up.

H. 2751 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 2752--OBJECTIONS

The following Bill was taken up.

H. 2752 -- Judiciary Committee: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION, SO AS TO INCREASE THE LIMIT FROM ONE THOUSAND DOLLARS TO TWO THOUSAND FIVE HUNDRED DOLLARS.

Reps. J. BRADLEY, AYDLETTE and SIMPSON objected to the Bill.

H. 2753--OBJECTIONS

The following Joint Resolution was taken up.

H. 2753 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 822, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LOCKEMY explained the Joint Resolution.

Reps. KLAPMAN, J. BRADLEY, GREGORY and HOLT objected to the Joint Resolution.

H. 2754--POINT OF ORDER

The following Joint Resolution was taken up.

H. 2754 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO RULES OF PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 744, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

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.

H. 2755--POINT OF ORDER

The following Joint Resolution was taken up.

H. 2755 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS, RELATING TO THE RELEASE OF INMATES PURSUANT TO THE PRISON OVERCROWDING POWERS ACT AND PUBLIC SERVICE WORK, DESIGNATED AS REGULATION DOCUMENT NUMBER 798, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. CHAMBLEE explained the Joint Resolution.

POINT OF ORDER

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.

S. 239--OBJECTION AND POINT OF ORDER

The following Bill was taken up.

S. 239 -- Senator Long: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO PERMIT THE CONVENTION TO BE HELD IN ANY LOCATION THE STATE COMMITTEE DETERMINES TO HAVE ADEQUATE FACILITIES.

Rep. McTEER objected to the Bill.

POINT OF ORDER

Rep. McTEER 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.

H. 2411--DEBATE ADJOURNED

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

H. 2411 -- Reps. Thrailkill, H. Brown, Aydlette, Barfield, Blackwell, Elliott, Baker, Rice, O. Phillips, Pearce, Altman, Gilbert, Foxworth, Stoddard, McElveen, Kirsh, Kay, J.W. McLeod, P. Harris, Nesbitt, J.W. Johnson, Petty, L. Phillips, T.C. Alexander, Ferguson, McCain, Simpson, McGinnis, Limehouse, Lockemy, Nettles, Fair, J. Bradley, McEachin, Day, Haskins, R. Brown, J. Harris, Gordon, Davenport, Moss, G. Bailey, Hodges, L. Martin, Dangerfield, Wells, Arthur, Russell, Wilder and Harvin: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO PROVIDE THAT THE CONVENTIONS MAY BE HELD IN LOCATIONS OTHER THAN COLUMBIA IF ADEQUATE FACILITIES FOR ALL DELEGATES AND ALTERNATE DELEGATES MAY BE PROVIDED.

H. 2202--ORDERED TO THIRD READING

Upon the withdrawal of an objection by Rep. FABER the following Bill was taken up.

H. 2202 -- Reps. Tucker and Huff: A BILL TO AMEND SECTION 17-22-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO INCREASE THESE FEES.

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

CONCURRENT RESOLUTION

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

H. 2777 -- Reps. K. Bailey, Bennett, Felder, McCain, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, Baker, Barfield, Baxley, Beasley, 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, 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, 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 EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE F. LAWTON IRICK, SR., OF ORANGEBURG COUNTY, A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

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

H. 2778 -- Rep. McAbee: A CONCURRENT RESOLUTION TO EXPRESS CONCERN OVER THE INCREASING VIOLENCE AGAINST AND ABUSE OF WOMEN AND CHILDREN IN TODAY'S SOCIETY, TO RECOGNIZE THE EVENING OF WEDNESDAY, APRIL 22, 1987, AS "TAKE BACK THE NIGHT", THE OCCASION OF A CITIZENS RALLY AT 8:00 P.M. AT THE STATE HOUSE TO DRAW ATTENTION TO THIS CONTEMPTIBLE CONDUCT, AND TO AUTHORIZE THE USE OF THE HOUSE CHAMBER FOR THE RALLY IN CASE OF INCLEMENT WEATHER.

Whereas, the General Assembly is fully cognizant of the increasing abuse and violence to which women and children are being subJected; and

Whereas, the General Assembly endorses any lawful means to eradicate this deplorable situation and encourages any peaceful demonstration to focus attention on this ugly blight in our society. Now, therefore,

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

That the members of the General Assembly express concern over the increasing violence against and abuse of women and children in today's society, recognize the evening of Wednesday, April 22, 1987, as "Take Back the Night", the occasion of a citizens' rally at 8:00 p.m. at the State House to draw attention to this contemptible conduct, and authorize the use of the House Chamber for the rally in case of inclement weather.

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

H. 2202--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that H. 2202 be read the third time tomorrow.

OBJECTION TO MOTION

Rep. NETTLES asked unanimous consent to take up the Committee Report on S. 589 for immediate consideration.

Rep. KLAPMAN objected.

S. 503--CONTINUED

The following Bill was taken up.

S. 503 -- Senators Nell W. Smith and Pope: A BILL TO AMEND ACT 480 OF 1986, RELATING TO THE REGULATION OF THE SALE, USE, AND STORAGE OF EXPLOSIVES, SO AS TO DECREASE THE REQUIRED AMOUNT OF LIABILITY INSURANCE OF BLASTERS.

Rep. J. BRADLEY spoke against the Bill.

Rep. AYDLETTE moved to continue the Bill, which was agreed to by a division vote of 22 to 21.

MOTION PERIOD

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

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., April 1, 1987

Mr. Speaker and Members of the House:

The Senate respectfully requests the return of H. 2694:
H. 2694 -- Reps. Stoddard, Foxworth, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 22, 1987, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES FOR SOUTH CAROLINA STATE COLLEGE, THE STATE COLLEGE BOARD OF TRUSTEES, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL BOARD OF TRUSTEES, AND MEMBERS OF THE BOARD OF VISITORS FOR THE CITADEL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1987, AND TO ELECT A MEMBER TO FILL THE UNEXPIRED PORTION OF THE TERM OF THE TRUSTEE VACANCY AT SOUTH CAROLINA STATE COLLEGE.
Very respectfully,
President

H. 2694--RETURNED TO THE SENATE

On motion of Rep. McABEE, the Concurrent Resolution was ordered returned to the Senate.

H. 2482--TABLED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. L. MARTIN having been recognized.

H. 2482 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR NOTIFICATION TO THE PARTIES AT ISSUE OF THE TIME AND PLACE OF HEARING, WHICH MUST BE HELD WITHIN A CERTAIN PERIOD OF TIME; TO AMEND SECTION 42-17-20, RELATING TO THE HEARING BEFORE THE WORKERS' COMPENSATION COMMISSION ON AMOUNT OF COMPENSATION PAYABLE, SO AS TO PROVIDE FOR WHEN THE HEARING UNDER THIS SECTION MUST BE HELD; AND TO AMEND SECTION 1-23-320, RELATING TO PROVISIONS FOR NOTICE AND HEARING IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT FROM THESE PROVISIONS PROCEEDINGS BEFORE THE WORKERS' COMPENSATION COMMISSION, WHICH ARE GOVERNED INSTEAD BY SECTIONS 42-9-260 AND 42-17-20.

AMENDMENT NO. 2

Debate was resumed on Amendment No. 2, which was proposed on Tuesday, March 31, by Rep. L. MARTIN.

Rep. L. MARTIN explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. J. BRADLEY moved to table the amendment.

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

Yeas 30; Nays 65

Those who voted in the affirmative are:

Arthur                 Bailey, K.             Baxley
Blanding               Bradley, J.            Brown, J.
Chamblee               Faber                  Ferguson
Foster                 Gilbert                Gregory
Hayes                  Hodges                 Huff
Kohn                   Lewis                  McBride
Neilson                Rice                   Rogers, J.
Rogers, T.             Rudnick                Shelton
Short                  Toal                   Tucker
Waldrop                Washington             Whipper

Total--30

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Baker
Barfield               Bennett                Blackwell
Brown, H.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Clyborne
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Elliott                Evatt                  Fair
Foxworth               Harris, J.             Harris, P.
Haskins                Hawkins                Hearn
Helmly                 Hendricks              Jones
Keyserling             Kirsh                  Klapman
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McCain                 McEachin               McElveen
McGinnis               McKay                  McLellan
McLeod, E.B.           McTeer                 Moss
Nesbitt                Pearce                 Petty
Phillips, L.           Phillips, O.           Sharpe
Sheheen                Simpson                Taylor
Thrailkill             Townsend               Wells
Wilkins                Williams

Total--65

So, the House refused to table the amendment.

Rep. RUDNICK spoke upon the amendment.

Rep. RUDNICK asked unanimous consent to amend the amendment at the desk.

Rep. L. MARTIN objected.

Rep. RUDNICK continued speaking.

Rep. RUDNICK asked unanimous consent to amend the amendment at the desk.

Rep. T.M. BURRISS objected.

Rep. FERGUSON spoke against the amendment.

SPEAKER IN CHAIR

Rep. FERGUSON continued speaking.

Rep. J. ROGERS spoke against the amendment and moved to table the amendment.

POINT OF ORDER

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

Rep. GREGORY moved to table the Bill.

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

Yeas 50; Nays 42

Those who voted in the affirmative are:

Arthur                 Baxley                 Blanding
Bradley, J.            Brown, G.              Brown, J.
Chamblee               Clyborne               Dangerfield
Elliott                Faber                  Ferguson
Foster                 Gentry                 Gilbert
Gordon                 Gregory                Harvin
Hayes                  Hodges                 Huff
Johnson, J.C.          Jones                  Kay
Keyserling             Lewis                  Lockemy
Martin, D.             Mattos                 McBride
McEachin               McElveen               McKay
Nettles                Ogburn                 Phillips, L.
Rice                   Rogers, J.             Rogers, T.
Rudnick                Russell                Sheheen
Shelton                Short                  Toal
Tucker                 Waldrop                Washington
White                  Wilkins

Total--50

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Baker                  Blackwell              Brown, H.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Cooper                 Cork
Corning                Davenport              Day
Evatt                  Foxworth               Harris, J.
Haskins                Hearn                  Hendricks
Kirsh                  Klapman                Mappus
Martin, L.             McAbee                 McCain
McGinnis               McLellan               McTeer
Neilson                Petty                  Phillips, O.
Rhoad                  Sharpe                 Simpson
Snow                   Taylor                 Thrailkill
Townsend               Wells                  Wilder

Total--42

So, the Bill was tabled.

Rep. GREGORY moved to reconsider the vote whereby the Bill was tabled.

Rep. HUFF moved to table the motion to reconsider.

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

Yeas 48; Nays 49

Those who voted in the affirmative are:

Arthur                 Bailey, K.             Baxley
Blanding               Bradley, J.            Brown, G.
Brown, J.              Chamblee               Clyborne
Faber                  Ferguson               Foster
Gentry                 Gilbert                Gordon
Gregory                Hayes                  Hodges
Huff                   Johnson, J.C.          Jones
Keyserling             Lewis                  Lockemy
Martin, D.             Mattos                 McBride
McEachin               McKay                  Nesbitt
Nettles                Ogburn                 Rice
Rogers, J.             Rogers, T.             Rudnick
Russell                Sheheen                Shelton
Short                  Toal                   Tucker
Waldrop                Washington             Whipper
White                  Wilkins                Winstead

Total--48

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Baker                  Beasley                Bennett
Blackwell              Brown, H.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Cooper                 Cork                   Corning
Dangerfield            Davenport              Day
Elliott                Evatt                  Fair
Foxworth               Harris, J.             Harvin
Haskins                Hearn                  Hendricks
Kirsh                  Klapman                Mappus
Martin, L.             McAbee                 McCain
McGinnis               McLellan               McTeer
Neilson                Petty                  Rhoad
Sharpe                 Simpson                Snow
Sturkie                Taylor                 Thrailkill
Townsend               Wells                  Wilder
Williams

Total--49

So, the House refused to table the motion to reconsider.

Further proceedings were interrupted by the Joint Assembly, the pending question being the motion to reconsider the vote whereby the Bill was tabled.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

Presentation of Easter Seal Society Guests.

The Reading Clerk of the House read the following Concurrent Resolution:

H. 2246 -- Reps. Hearn, McBride, T. Rogers and J. Brown: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY APRIL 1, 1987, AS "HANDICAPPED CHILDREN'S DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR HANDICAPPED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, APRIL 1, 1987, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The Easter Seal Society Honored Guests and distinguished party were escorted to the rostrum by Senators Doar, Fielding, Patterson, Martin and Thomas and Reps. HEARN, M.O. ALEXANDER and WASHINGTON.

The PRESIDENT of the Senate recognized Rep. HEARN who introduced the honored guest as follows:

Rep. HEARN: "Mr. President, Mr. Speaker, South Carolina Law Enforcement, Lieutenant James K. Wilson, who is our Buck-A-Cup Chairman for law enforcement, Roger Whaley, who is the State Easter Seal President, Susan Aude Fisher, our State Campaign Chairman, John Rittick, Executive Director for South Carolina Restaurant Association, Herman Shealy, Executive Director for the Easter Seal Society, and other honored guests who are here with us today. We are honored indeed as members of the Legislature to have an opportunity to join with Easter Seal in kicking off this most important activity, which is Buck-A-Cup Day to raise funds to take care of the handicapped people in our state. To date this organization has raised 3.5 million dollars. They have literally helped hundreds of South Carolinians above and beyond what our state agencies do, without a single cent of state dollars. This is volunteerism at its very finest. Let me say to you that this Buck-A-Cup Day is important not only to the handicapped, but to the parents and all of us who feel empathy with those that need help. I hope before the day is over, everybody in this room will be wearing this Buck-A-Cup seal that is being sold in the lobby by law enforcement officers. The goal this year is $310,000 in this month. Last year they raised some $293,000, and I'm sure they are going to reach it. Today it's my honor to introduce our Easter Seal children. The first child will be introduced by Representative SNOW and Senator Doar."

Senator Doar: "Ladies and gentlemen, it is a pleasure for us in the Georgetown Delegation to participate in this event this afternoon. It is regrettable, however, that the individual, Gerald Avant, who we were to introduce to you is going into the hospital today in Georgetown. He will not be with us as he is undergoing some medical procedures today. I would like for Bubber, if he would hold that up, that's a picture of Gerald Avant. To give you a little bit of background about Gerald, he's four years old and he's from the Andrews area of Georgetown County. His parents are James and Linda Avant, who I'm sure are with Gerald this morning. He has a diagnosis of cerebral palsy. Gerald has received physical and occupational therapy from Easter Seals for the past three years. He has made significant progress in sitting with assistance, grasping objects, and is now working on his feeding skills. Additionally, he attends an infant stimulation program at the Georgetown Developmental Center. Gerald's cheerful, sunny disposition made him the perfect candidate for the Georgetown United Way's campaign promotion. He was featured in their video presentation as well as campaign brochures. Gerald has never met a stranger. So, it gives me a great deal of pleasure, although he is not with us today, to present Gerald Avant from Georgetown County."

Rep. HEARN: "Our next child will be presented by Senator Fielding and Representative WHIPPER."

Rep. WHIPPER: "Thank you, ladies and gentlemen. I am very pleased to be able to present to you from Mt. Pleasant, South Carolina, Jessica Ashley Kent, the three-year-old daughter of Jeffrey and Carolyn Kent. Her diagnosis of cerebral palsy gives her limited muscle control and requires her use of a wheelchair. She receives physical therapy from the Charles Webb Easter Seal Center as well as participating in their developmentally-based preschool program. She has made tremendous improvement since receiving Easter Seal services. Jessica is a very self-assured and personable child and she loves to color and sing. Isn't she pretty?"

Rep. HEARN: "Our next child will be presented by Senator Kay Patterson and Representative FRANK McBRIDE."

Rep. McBRIDE: "Thank you, ladies and gentlemen. It gives me great honor, along with Senator Patterson, to present to you today Monica Nelson. She is the six-year-old daughter of Varnelle Nelson of Columbia, South Carolina. Monica has cerebral palsy and has received physical therapy, speech therapy and clinical follow-up at the Rose M. Lowe Easter Seal Center since 1983. She has made great strides toward independence, progressing from using a walker to now walking with the aid of crutches. Monica loves to learn and is currently enrolled in the Brockman School. At every Easter Seal therapy session, she proudly relates to the therapists what she learned at school that day. She also enjoys reading, television and is a member of her church's children's choir."

Rep. HEARN: "Our next child will be introduced by Senator John Martin and Representative CROSBY LEWIS and is from Fairfield County."

Senator Martin: "It is our pleasure to present to you William Nixon, the son of Mr. and Mrs. Jerry Nixon of Ridgeway, South Carolina in Fairfield County. William is eight years old and also has a diagnosis of cerebral palsy. He has been receiving therapy and clinical follow-up at the Rose M. Lowe Easter Seal Center since the age of two. When William first came to Easter Seals, he was completely dependent in his mobility and self-care skills. He now propels his own wheelchair, walks with a walker in therapy, is making progress with his dressing skills and has progressed from single words to more complete sentences. William enjoys baseball and football - especially when the Gamecocks are playing. An avid fan, even his foot splints, shoes and wheelchair proudly display Gamecock stickers. Today, he even has one on his left wrist. So the delegation and our guests are all unanimous in supporting the Gamecocks. At this time, CROSBY LEWIS will present a gift to our guest."

Rep. HEARN: "Ladies and gentlemen, our last guest will be presented by Representative M. O. ALEXANDER and Senator David Thomas. This young man is from Greenville County."

Rep. M. O. AlEXANDER: "Ladies and gentlemen, on behalf of Senator Thomas and myself, it's a pleasure to welcome Kenny Wilson back to Columbia today. This is the second year in a row that Kenny has been selected as a state representative for Easter Seals. This bright four-year-old is the son of Jack and Joy Wilson of Fountain Inn, South Carolina. Kenny has cerebral palsy and was aided in the purchase of a wheelchair by Easter Seals. Kenny enjoys swimming, is enrolled in school at the Hollis Center in Greenville and attends Sunday School and Children's Church at Wood Memorial Pentecostal Holiness Church. His favorite television program is Wheel of Fortune, and his favorite star on that show is Vanna White. I think that brought out a smile from him. He also enjoys listening to Jefferson Starship. So, join me in welcoming Kenny back to Columbia today."

Rep. HEARN: "Mr. President, ladies and gentlemen, this concludes our presentation of our Easter Seal children. Would all of you please join in a standing ovation for these people who are so precious to us."

Lt. Gov. Theodore: "I know Jessica, Monica, William and Kenny all understand the heartfelt greetings that were just relayed through the members of the General Assembly of South Carolina. We commend each one of you for being excellent citizens of this state and welcome you and compliment you and your families for your accomplishments. We also want to thank, of course, law enforcement and all the other officials who have been so valuable in promoting these particular programs in the past and this particular month for a most important and sensitive program. We thank all of you very much."

Upon the conclusion of the presentation, the honored guests and escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:25 P.M. the House resumed, the SPEAKER in the Chair.

Rep. HEARN moved that the House do now adjourn.

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

Yeas 11; Nays 77

Those who voted in the affirmative are:

Bennett                Burriss, M.D.          Cork
Evatt                  Foxworth               Hearn
Kay                    Phillips, O.           Shelton
Thrailkill             Townsend

Total--11

Those who voted in the negative are:

Alexander, T.C.        Altman                 Aydlette
Bailey, G.             Baker                  Barfield
Baxley                 Beasley                Blackwell
Bradley, J.            Brown, H.              Brown, J.
Burriss, J.H.          Burriss, T.M.          Clyborne
Cooper                 Dangerfield            Davenport
Day                    Elliott                Faber
Fair                   Foster                 Gentry
Gilbert                Gordon                 Gregory
Harris, J.             Harvin                 Haskins
Hawkins                Hayes                  Helmly
Hendricks              Hodges                 Huff
Keyserling             Kirsh                  Klapman
Lewis                  Limehouse              Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McBride                McEachin
McElveen               McGinnis               McKay
McLellan               McLeod, E.B.           McTeer
Moss                   Nesbitt                Petty
Phillips, L.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Russell                Sheheen                Short
Simpson                Snow                   Taylor
Toal                   Waldrop                Washington
Wells                  Whipper                White
Wilder                 Williams

Total--76

So, the House refused to adjourn.

Rep. FOSTER moved that the House recede until 2:00 P.M., which was adopted.

THE HOUSE RESUMES

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

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BAXLEY a temporary leave of absence.

H. 2482--RECONSIDERED, AMENDED
AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of the motion to reconsider the vote whereby the Bill was tabled.

H. 2482 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR NOTIFICATION TO THE PARTIES AT ISSUE OF THE TIME AND PLACE OF HEARING, WHICH MUST BE HELD WITHIN A CERTAIN PERIOD OF TIME; TO AMEND SECTION 42-17-20, RELATING TO THE HEARING BEFORE THE WORKERS' COMPENSATION COMMISSION ON AMOUNT OF COMPENSATION PAYABLE, SO AS TO PROVIDE FOR WHEN THE HEARING UNDER THIS SECTION MUST BE HELD; AND TO AMEND SECTION 1-23-320, RELATING TO PROVISIONS FOR NOTICE AND HEARING IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT FROM THESE PROVISIONS PROCEEDINGS BEFORE THE WORKERS' COMPENSATION COMMISSION, WHICH ARE GOVERNED INSTEAD BY SECTIONS 42-9-260 AND 42-17-20.

Rep. TOAL moved to table the motion to reconsider.

POINT OF ORDER

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

The question then recurred to the motion to table the motion to reconsider.

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

Yeas 40; Nays 44

Those who voted in the affirmative are:

Arthur                 Bailey, K.             Bradley, J.
Chamblee               Clyborne               Faber
Ferguson               Foster                 Gentry
Gilbert                Gregory                Hawkins
Hayes                  Hodges                 Huff
Johnson, J.C.          Jones                  Keyserling
Kohn                   Lewis                  Limehouse
Lockemy                Mattos                 McBride
McEachin               McKay                  Nettles
Ogburn                 Rice                   Rogers, J.
Rogers, T.             Rudnick                Sheheen
Shelton                Toal                   Tucker
Washington             Whipper                Wilkins
Winstead

Total--40

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Bailey, G.             Baker                  Barfield
Blackwell              Bradley, P.            Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Cooper
Cork                   Corning                Dangerfield
Day                    Evatt                  Foxworth
Haskins                Hearn                  Hendricks
Kay                    Kirsh                  Mappus
Martin, D.             Martin, L.             McAbee
McCain                 McGinnis               McLellan
McTeer                 Nesbitt                Pearce
Petty                  Phillips, O.           Sharpe
Simpson                Thrailkill             Wells
Wilder                 Williams

Total--44

So, the House refused to table the motion to reconsider.

Rep. GREGORY moved to adjourn debate upon the motion to reconsider.

Rep. L. MARTIN moved to table the motion to adjourn debate on the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:

Yeas 44; Nays 43

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Bailey, G.             Baker                  Bennett
Blackwell              Boan                   Bradley, P.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Cooper                 Cork                   Corning
Dangerfield            Day                    Evatt
Foxworth               Haskins                Hearn
Hendricks              Kirsh                  Klapman
Mappus                 Martin, L.             McAbee
McCain                 McGinnis               McLellan
McTeer                 Nesbitt                Petty
Phillips, O.           Sharpe                 Simpson
Thrailkill             Townsend               Wells
Wilder                 Winstead

Total--44

Those who voted in the negative are:

Arthur                 Bailey, K.             Bradley, J.
Brown, J.              Chamblee               Clyborne
Faber                  Ferguson               Foster
Gentry                 Gilbert                Gregory
Hawkins                Hayes                  Hodges
Huff                   Johnson, J.C.          Jones
Kay                    Keyserling             Kohn
Lewis                  Limehouse              Lockemy
Martin, D.             Mattos                 McBride
McEachin               McKay                  McLeod, J.W.
Nettles                Ogburn                 Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Short                  Toal
Tucker                 Washington             Whipper
Wilkins

Total--43
Paired

Rep. Harvin     (Present) Aye

Rep. Baxley     (Absent) Nay

So, the motion to table the motion to adjourn debate on the motion to reconsider was agreed to.

The question then recurred to the motion to reconsider the vote whereby the Bill was tabled.

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

Yeas 50; Nays 43

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Bailey, G.             Baker                  Barfield
Bennett                Blackwell              Bradley, P.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, N.D.          Burriss, T.M.          Carnell
Cooper                 Cork                   Corning
Dangerfield            Davenport              Day
Evatt                  Foxworth               Haskins
Hearn                  Helmly                 Hendricks
Kirsh                  Klapman                Mappus
Martin, D.             Martin, L.             McAbee
McCain                 McGinnis               McLellan
McTeer                 Moss                   Nesbitt
Pearce                 Petty                  Phillips, O.
Sharpe                 Simpson                Thrailkill
Townsend               Wells                  Wilder
Wilkins                Winstead

Total--50

Those who voted in the negative are:

Arthur                 Bailey, K.             Bradley, J.
Brown, J.              Chamblee               Clyborne
Faber                  Ferguson               Foster
Gentry                 Gilbert                Gregory
Hawkins                Hayes                  Hodges
Huff                   Johnson, J.C.          Jones
Kay                    Keyserling             Kohn
Lewis                  Limehouse              Lockemy
Mattos                 McBride                McEachin
McElveen               McKay                  Nettles
Ogburn                 Rice                   Rogers, J.
Rogers, T.             Rudnick                Sheheen
Shelton                Short                  Toal
Tucker                 Washington             Whipper
Williams

Total--43
Paired

Rep. Harvin     (Present) Aye

Rep. Baxley     (Absent) Nay

So, the motion to reconsider was agreed to.

AMENDMENT NO. 2--TABLED

Debate was resumed on Amendment No. 2 by Rep. L. MARTIN.

Rep. GREGORY moved to table the amendment

Rep. L. MARTIN demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 46 to 28.

Rep. J. ROGERS proposed the following Amendment No. 3 (Doc. No. 3520Y), which was adopted.

Amend the bill, as and if amended, Section 42-9-260 as contained in SECTION 1, page 2, by striking lines 2 through 6 and inserting:
/provide for an evidentiary hearing, preceded by a thirty-day period for the filing of responsive pleadings and notification to the parties at issue of the time and place of the hearing, which must be held not later than forty-five days following the filing of responsive pleadings, and Commission approval prior to/.

Renumber sections to conform.

Amend title to conform.

Rep. J. ROGERS explained the amendment.

The amendment was then adopted.

Rep. TOAL spoke against the Bill.

Rep. KAY moved that the House do now adjourn, which was rejected.

Rep. L. MARTIN spoke in favor of the Bill.

Rep. CARNELL moved that the House do now adjourn.

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

Yeas 51; Nays 51

Those who voted in the affirmative are:

Arthur                 Baker                  Barfield
Bennett                Brown, G.              Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D
Burriss, T.M.          Carnell                Chamblee
Cooper                 Cork                   Corning
Davenport              Day                    Edwards
Elliott                Evatt                  Fair
Ferguson               Foster                 Foxworth
Gordon                 Gregory                Haskins
Hearn                  Helmly                 Jones
Kay                    Keyserling             Klapman
Lewis                  Mappus                 Martin, L.
McAbee                 McCain                 Nesbitt
Petty                  Phillips, O.           Rice
Rudnick                Sharpe                 Short
Simpson                Snow                   Townsend
Waldrop                Wilder                 Williams

Total--51

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Bailey, G.             Bailey, K.             Blackwell
Boan                   Bradley, J.            Bradley, P.
Brown, J.              Clyborne               Dangerfield
Faber                  Gentry                 Gilbert
Harris, J.             Harvin                 Hawkins
Hayes                  Hendricks              Hodges
Huff                   Johnson, J.C.          Kirsh
Limehouse              Lockemy                Martin, D.
Mattos                 McBride                McEachin
McElveen               McGinnis               McLeod, E.B.
McTeer                 Moss                   Neilson
Nettles                Ogburn                 Rogers, J.
Rogers, T.             Sheheen                Shelton
Stoddard               Thrailkill             Toal
Tucker                 Washington             Wells
Williams               White                  Wilkins

Total--51

So, the House refused to adjourn.

Rep. L. MARTIN continued speaking.

Rep. FERGUSON asked unanimous consent that the time of the speaker be extended 5 minutes, which was agreed to.

Rep. L. MARTIN continued speaking.

Rep. TOAL moved to table the Bill.

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

Yeas 47; Nays 51

Those who voted in the affirmative are:

Arthur                 Bailey, K.             Baxley
Bradley, J.            Brown, J.              Chamblee
Clyborne               Cooper                 Faber
Ferguson               Foster                 Gentry
Gilbert                Gordon                 Gregory
Hayes                  Hodges                 Huff
Johnson, J.C.          Kay                    Keyserling
Lewis                  Limehouse              Lockemy
Martin, D.             McBride                McEachin
McElveen               McKay                  McTeer
Nettles                Ogburn                 Rhoad
Rice                   Rogers, T.             Rudnick
Sheheen                Shelton                Short
Toal                   Tucker                 Waldrop
Washington             Whipper                White
Wilkins                Williams

Total--47

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Bailey, G.             Baker                  Barfield
Bennett                Blackwell              Bradley, P.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Cork                   Corning                Dangerfield
Davenport              Day                    Edwards
Elliott                Evatt                  Fair
Foxworth               Harvin                 Haskins
Hearn                  Helmly                 Hendricks
Jones                  Kirsh                  Klapman
Mappus                 Martin, L.             McAbee
McCain                 McGinnis               McLeod, E.B.
Moss                   Nesbitt                Pearce
Petty                  Phillips, O.           Sharpe
Simpson                Snow                   Stoddard
Thrailkill             Wells                  Wilder

Total--51

So the House refused to table the Bill.

Rep. KAY moved that the House do now adjourn

POINT OF ORDER

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

Rep. J. ROGERS proposed the following Amendment No. 5 (Doc. No. 3572Y), which was adopted.

Amend the bill, as and if amended, Section 42-9-260 as contained in SECTION 1, page 2, by striking lines 2 through 6 and inserting:

/provide for an evidentiary hearing, preceded by a thirty-day period for the filing of responsive pleadings and notification to the parties at issue of the time and place of the hearing, which must be held not later than forty-five days following the filing of responsive pleadings, and Commission approval prior to/.

Amend further, in Section 41-17-20 as contained in SECTION 2, page 2, by striking lines 43 through 45 on page 2 and lines 1 and 2 on page 3 and inserting: /shall set a date for a hearing, which shall must be held as soon as practicable and shall notify the parties preceded by a thirty-day period for the filing of responsive pleadings which must be held not later than forty-five days following the filing of responsive pleadings and notification to the parties at issue of such the time and place of the hearing. The/

Renumber sections to conform.

Amend title to conform.

Rep. J. ROGERS explained the amendment.

The amendment was then adopted.

Rep. J. ROGERS proposed the following Amendment No. 6 (Doc. No. 3579Y), which was adopted.

Amend the bill, as and if amended, in Section 1-23-320(a) as contained in SECTION 3, page 3, by striking beginning on line 12 /after notice of not less than thirty days,/ and inserting / after notice of not less than thirty days,.

Amend further by inserting after the period on line 19 /The hearing must be preceded by a thirty-day period for the filing of responsive pleadings and notification to the parties at issue of the time and place of the hearing, which must be held not later than forty-five days following the filing of responsive pleadings./

Amend title to conform.

Reps. HUFF, TOAL, J. BRADLEY and McELVEEN proposed the following Amendment No. 7.

Amend as and if amended. Insert in Section 2, page 2 line 41 after "thereon".

Provided however, temporary total compensation benefits must commence immediately upon receipt of application by the Commission.

Rep. HUFF explained the amendment.

Rep. L. MARTIN spoke against the amendment.

Rep. EVATT moved that the House do now adjourn.

POINT OF ORDER

Rep. McTEER 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 agreed to by a division vote of 61 to 15.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 7.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2745 -- Reps. McTeer and Winstead: A CONCURRENT RESOLUTION CONGRATULATING COACH PHIL STROTHER AND THE WADE HAMPTON RED DEVILS BOYS BASKETBALL TEAM OF WADE HAMPTON HIGH SCHOOL IN HAMPTON COUNTY FOR WINNING THE SOUTH CAROLINA AA BOYS BASKETBALL CHAMPIONSHIP.

H. 2746 -- Rep. Thrailkill: A CONCURRENT RESOLUTION CONGRATULATING OLIVIA FLOYD, GUIDANCE COUNSELOR AT SOCASTEE MIDDLE SCHOOL IN HORRY COUNTY, ON BEING NAMED SOUTH CAROLINA MIDDLE SCHOOL COUNSELOR OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION FOR COUNSELING AND DEVELOPMENT DURING THE GROUP'S ANNUAL CONVENTION IN MYRTLE BEACH.

H. 2747 -- Rep. Thrailkill: A CONCURRENT RESOLUTION CONGRATULATING PAUL BACHTEL OF SOCASTEE HIGH SCHOOL IN HORRY COUNTY UPON BEING SELECTED THE ONE OUTSTANDING STUDENT FROM THE STATE BY THE NATIONAL INSTITUTES OF HEALTH IN CONNECTION WITH ITS CENTENNIAL CELEBRATION.

H. 2748 -- Rep. Thrailkill: A CONCURRENT RESOLUTION SALUTING MRS. JUDY CHESTNUT OF HORRY COUNTY FOR SAVING THE LIFE OF A YOUNG STUDENT AT HER SCHOOL AND COMMENDING HER FOR HER HEROISM AND CALMNESS UNDER PRESSURE.

H. 2760 -- Reps. Aydlette, Washington, Holt, Whipper, Kohn, Foxworth, Mappus, Winstead, J. Bradley, D. Martin and Dangerfield: A CONCURRENT RESOLUTION TO CONGRATULATE THE JAMES ISLAND HIGH GIRLS' BASKETBALL TEAM, CHARLESTON COUNTY, ON ASSEMBLING A MAGNIFICENT SEASON RECORD OF 25-2, TO COMMEND HEAD COACH JANE BERRIER ON BEING NAMED COACH OF THE YEAR, AND TO RECOGNIZE THE ASSISTANT COACHES AND THE STAFF WHO HELPED IN PUTTING TOGETHER THIS FORMIDABLE TEAM.

H. 2761 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE PLATOON SERGEANT CECIL L. PRUETTE OF CHERAW, CHESTERFIELD COUNTY, ON BEING SELECTED OUTSTANDING ARMY NATIONAL GUARDSMAN FOR 1986.

H. 2762 -- Reps. Toal, Wilkins, Rudnick, Sheheen, Gentry, J.W. Johnson, Beasley, T. Rogers, Baxley, Taylor, Hearn, J.C. Johnson, Limehouse, McElveen, T.M. Burriss, Evatt, Huff, Gregory, Nettles, Ferguson, Short, Lewis, Haskins, Faber, D. Martin, Corning, Lockemy, Russell, McEachin, Hodges, Hayes and J. Rogers: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF PROFESSOR DAVID H. MEANS OF COLUMBIA AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND HIS MANY FRIENDS.

H. 2763 -- Rep. Barfield: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND PAUL E. CREEL, HORRY COUNTY, FOR HIS LOYAL AND DEDICATED PUBLIC SERVICE TO THE CITIZENS OF HORRY COUNTY.

H. 2766 -- Reps. Aydlette, Washington, Sharpe, Holt, Whipper, Foxworth, Gentry, J.C. Johnson, T. Rogers, Toal, Pearce, Winstead, Cork, M.D. Burriss, G. Brown, Derrick, Mappus, Bennett, Hearn, Ferguson, Kay, Waldrop, Thrailkill, Cooper, McElveen, Short, Gregory, Lewis, Chamblee, Kohn, Evatt, D. Martin, E.B. McLeod and McTeer: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE ANCIENT FREE MASONS OF SOUTH CAROLINA ON THE OCCASION OF ITS TWO HUNDRED FIFTIETH ANNIVERSARY IN SOUTH CAROLINA AND TO EXTEND BEST WISHES FOR ITS CONTINUED GROWTH IN SOUTH CAROLINA.

H. 2767 -- Rep. Petty: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPMAN HIGH SCHOOL LADY PANTHERS OF SPARTANBURG COUNTY AND THEIR OUTSTANDING COACH, JANE LEWIS, UPON WINNING THE STATE CLASS AAA BASKETBALL CHAMPIONSHIP.

H. 2777 -- Reps. K. Bailey, Bennett, Felder, McCain, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, Baker, Barfield, Baxley, Beasley, 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, 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, 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 EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE HONORABLE F. LAWTON IRICK, SR., OF ORANGEBURG COUNTY, A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, UPON HIS DEATH.

H. 2778 -- Rep. McAbee: A CONCURRENT RESOLUTION TO EXPRESS CONCERN OVER THE INCREASING VIOLENCE AGAINST AND ABUSE OF WOMEN AND CHILDREN IN TODAY'S SOCIETY, TO RECOGNIZE THE EVENING OF WEDNESDAY, APRIL 22, 1987, AS "TAKE BACK THE NIGHT", THE OCCASION OF A CITIZENS RALLY AT 8:00 P.M. AT THE STATE HOUSE TO DRAW ATTENTION TO THIS CONTEMPTIBLE CONDUCT, AND TO AUTHORIZE THE USE OF THE HOUSE CHAMBER FOR THE RALLY IN CASE OF INCLEMENT WEATHER.

ADJOURNMENT

At 3:55 P.M. the House in accordance with the motion of Rep. EVATT adjourned to meet at 10:00 A.M. tomorrow.

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