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

TUESDAY, MAY 5, 1987

Tuesday, May 5, 1987
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

O God, our Father, the Light of all that is true, the Love of all that is good, the Life of all that is beautiful, through the gates of prayer we come to thank You for all Your blessings and to seek guidance for the future, greater reliance on Your Divine Word, for more strength in our endeavors for what is right, for courage to remain steadfast in our trust in God, and peace in our hearts as we follow the way You have revealed to us.

Make this a great day for us because You are with us and we are with You. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

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

INVITATION

The following was received.

April 30, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

On Tuesday, May 26, 1987 at 12:00 noon, there will be a Joint Assembly for the purpose of unveiling a portrait of William Jennings Bryan Dorn. As Chairman of the Portrait Committee, I would like to extend an invitation to the members of the House of Representatives and Senate to attend a barbeque reception afterward at Seawell's at the fairgrounds.

Thank you for your attention to this matter.

Sincerely,
Jennings G. McAbee

On motion of Rep. McABEE, with unanimous consent, the invitation was accepted.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 30, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Judge Thomas J. DeZern, Master-in-Equity, Spartanburg County.

Very respectfully,
President of the Senate

Received as information.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 2956 -- Reps. Hodges, Boan and Nesbitt: A BILL TO PROVIDE THAT ALL MONITORING, OBSERVATION, RESEARCH, OR OTHER TESTING OF WELLS LOCATED IN THE SIX MILE CREEK DRAINAGE BASIN IN LANCASTER AND YORK COUNTIES MUST BE FIRST APPROVED BY THE SOUTH CAROLINA WATER RESOURCES COMMISSION.

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

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 2794 -- Rep. T. Rogers: A BILL TO AMEND ARTICLE 1, CHAPTER 11 OF TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE OFFICERS AND EMPLOYEES BY ADDING SECTION 8-11-83 SO AS TO PROVIDE THAT THE COMPTROLLER GENERAL SHALL, UPON REQUEST OF EMPLOYEES OF THE STATE, MAKE DEDUCTIONS FROM THE COMPENSATION OF THE EMPLOYEES FOR THE PAYMENT OF MEMBERSHIP DUES FOR THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION.

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

REPORTS OF STANDING COMMITTEES

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

H. 2063 -- Reps. Aydlette and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 23 SO AS TO ENACT THE POLICE OFFICERS' BILL OF RIGHTS.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

H. 2444 -- Rep. McLellan: A BILL TO AMEND SECTION 40-75-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE, AND RELATED MATTERS, UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO PROVIDE THAT, FOLLOWING THE RECEIPT OF A QUALIFYING DEGREE, APPLICANTS FOR THE LICENSE OF "LICENSED MARITAL AND FAMILY THERAPIST" SHALL, IN ADDITION TO OTHER QUALIFICATIONS, HAVE HAD TWO YEARS OF FULL-TIME WORK EXPERIENCE WHICH INCLUDES TWO HUNDRED HOURS OF SUPERVISION OF WHICH ONE HUNDRED HOURS MUST HAVE BEEN INDIVIDUAL SUPERVISION IN THE PRACTICE OF MARITAL AND FAMILY THERAPY; AND TO AMEND SECTION 40-75-110, RELATING TO THE ISSUANCE OF A LICENSE UNDER THE SAME ACT, SO AS TO PROVIDE THAT THE ADMINISTERING BOARD SHALL ISSUE A LICENSE TO ANY QUALIFIED APPLICANT WHO, AMONG OTHER THINGS, PASSES A BOARD-APPROVED, RATHER THAN A BOARD-CONDUCTED, EXAMINATION.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

H. 2831 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 87 IN TITLE 44 SO AS TO REQUIRE LICENSING OF ASBESTOS ABATEMENT PROJECTS AND ASBESTOS REMOVAL CONTRACTORS, SUPERVISORS, WORKERS, AIR SAMPLING PROFESSIONALS, AND CONSULTANTS, TO PROVIDE A SCHEDULE OF FEES FOR THE LICENSES, AND TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS.

Ordered for consideration tomorrow.

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

S. 261 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 40-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, SO AS TO REDEFINE TERMS AND ADD ADDITIONAL DEFINITIONS; TO AMEND SECTION 40-35-30, RELATING TO THE LICENSING AUTHORITY OF THE BOARD, SO AS TO PROVIDE FOR THE LICENSING OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED; AND TO AMEND SECTION 40-35-140, RELATING TO THE LICENSING OF NURSING HOME OPERATORS, SO AS TO PROVIDE FOR THE LICENSING OF OPERATORS OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED.

Ordered for consideration tomorrow.

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

S. 367 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS; AMEND SECTION 40-47-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF PHYSICIANS' ASSISTANTS AT MEETINGS OF THE BOARD, SO AS TO DELETE THE PROVISION AUTHORIZING A REPRESENTATIVE OF THE SOUTH CAROLINA ACADEMY OF PHYSICIANS' ASSISTANTS TO ATTEND BOARD MEETINGS AND SPEAK TO MATTERS AFFECTING PHYSICIANS' ASSISTANTS AND PROVIDE THAT THE BOARD SHALL APPOINT A PHYSICIAN'S ASSISTANTS' ADVISORY COMMITTEE, PROVIDE FOR ITS COMPOSITION, TERMS, AND POWERS, AND PROVIDE THAT THE BOARD MAY AUTHORIZE INDIVIDUAL PHYSICIANS TO SUPERVISE UP TO TWO PHYSICIANS' ASSISTANTS AND PROVIDE EXEMPTIONS; AND TO AMEND SECTION 40-47-90, RELATING TO ELIGIBILITY REQUIREMENTS TO APPEAR BEFORE THE BOARD FOR EXAMINATION, SO AS TO DELETE THE REQUIREMENTS THAT PERSONS APPEAR BEFORE THE BOARD BUT MAY BE REQUIRED TO APPEAR IF DETERMINED BY THE BOARD.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3093 -- Reps. Sheheen, J. Rogers, Aydlette, J. Bradley, Dangerfield, Holt, Kohn, Mappus, D. Martin, Washington, Whipper, Winstead, M.O. Alexander, T.C. Alexander, Altman, Arthur, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Koon, Lewis, Limehouse, Lockemy, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, T. Rogers, Rudnick, Sharpe, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Wells, White, Wilder, Wilkins and Williams: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE EUGENE D. FOXWORTH, JR., AND HIS FAMILY UPON THE DEATH OF HIS MOTHER, MRS. LOUISE M. FOXWORTH OF CHARLESTON.

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

SILENT PRAYER

On motion of Rep. MAPPUS, with unanimous consent, the House stood in silent prayer in memory of Mrs. Louise M. Foxworth of Charleston, Mother of our esteemed colleague, Eugene D. Foxworth.

CONCURRENT RESOLUTION

The following was introduced:

H. 3094 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE JIM "RUBE" KLECKLEY FOR HIS MANY ACCOMPLISHMENTS IN BASEBALL UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3095 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE E. WOODY LUCAS, SR., FOR HIS MANY ACCOMPLISHMENTS IN FOOTBALL, BASKETBALL, BASEBALL, TRACK, AND BOXING UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 741 -- Senator Garrison: A CONCURRENT RESOLUTION TO CONGRATULATE TRI-COUNTY TECHNICAL COLLEGE'S DEAN OF STUDENTS, ALPHONSO NORRIS OF ANDERSON COUNTY, UPON BEING AWARDED THE A. WADE MARTIN INNOVATOR OF THE YEAR AWARD, THE STATE TECH SYSTEM'S HIGHEST HONOR.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 749 -- Senators Martschink, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS THE SINCERE APPRECIATION OF THE GENERAL ASSEMBLY TO THE TEACHERS OF THIS STATE DURING THE TEACHER APPRECIATION WEEK WHICH COMMENCES MAY THIRD AND CONCLUDES ON MAY NINTH.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 751 -- Senator Long: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE SERGEANT JOE MICHAEL LEVY, A MEMBER OF THE MYRTLE BEACH POLICE DEPARTMENT, UPON BEING NAMED POLICE OFFICER OF THE YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3096 -- Reps. Blackwell, Haskins, Baker, Fair and P. Bradley: A CONCURRENT RESOLUTION TO PROVIDE THAT THE GENERAL ASSEMBLY RESCINDS ITS PREVIOUS CALL FOR A CONSTITUTIONAL CONVENTION TO BE CONVENED FOR THE PURPOSE OF CONSIDERING A BALANCED BUDGET AMENDMENT TO THE FEDERAL CONSTITUTION.

The Concurrent Resolution was ordered referred to the Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 3097 -- Reps. McLellan and Evatt: A CONCURRENT RESOLUTION TO RECOGNIZE THE COMMITMENT AND OUTSTANDING CONTRIBUTION MADE BY CORRECTIONAL OFFICERS AND CONVEY THE APPRECIATION OF THE CITIZENS OF SOUTH CAROLINA FOR THEIR EXEMPLARY PERFORMANCE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3099 -- Reps. J.H. Burriss and Klapman: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF ANSLEY SENN, AN ELEVENTH GRADE STUDENT AT IRMO HIGH SCHOOL, UPON HER TRAGIC DEATH IN AN AUTOMOBILE ACCIDENT.

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

INTRODUCTION OF BILLS

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

H. 3098 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS, DESIGNATED AS REGULATION DOCUMENT NUMBER 755, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 59 -- Senator Pope: A BILL TO AMEND SECTIONS 17-3-30 AND 17-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS, SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION, IF ONE EXISTS, OF THE COUNTY WHEREIN HE IS BEING REPRESENTED, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.

Referred to Committee on Ways and Means.

S. 530 -- Judiciary Committee: A BILL TO AMEND ACT 539 OF 1986, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO MAKE CERTAIN TECHNICAL AND SUBSTANTIVE CHANGES IN THE PROBATE CODE RELATING TO JURISDICTION, DEFINITIONS, ELECTIVE SHARE PROVISIONS, PROBATE PROCEEDINGS AND ADMINISTRATION, DISTRIBUTIONS AND DEVISES, SALE OF REAL ESTATE, PROTECTION OF FINANCIAL INSTITUTIONS, OTHER PROCEDURAL MATTERS, AND EFFECTIVE DATE, RECONCILIATION, AND TRANSITION PROVISIONS, TO AMEND SECTION 14-23-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FURNISHING OF DESCRIPTIONS OF LANDS TO THE PROBATE COURT WHERE THE WILL OMITS THE DESCRIPTION, SO AS TO PROVIDE THAT THIS DESCRIPTION MUST BE FURNISHED TO THE PROBATE COURT OF EVERY COUNTY WHERE THE DECEDENT OWNED REAL ESTATE, TO AMEND SECTION 20-1-50, RELATING TO LEGITIMACY OF CHILDREN OF MARRIAGES AFTER THE ABSENCE OF A SPOUSE FOR A PERIOD OF SEVEN YEARS, SO AS TO REDUCE THIS TIME TO FIVE YEARS, TO AMEND SECTIONS 20-7-1770, AND 20-7-1820, BOTH AS AMENDED, AND 20-7-1825, RELATING TO ADOPTIONS SO AS TO REVISE AND FURTHER PROVIDE FOR THESE ADOPTION PROVISIONS, TO AMEND SECTION 30-9-60, RELATING TO THE INDEXING OF PASSAGE OF TITLE TO REAL PROPERTY BY WILL OR INHERITANCE, SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION TO "PERSONAL REPRESENTATIVE" AND TO DELETE OTHER REFERENCES, AND TO REPEAL SECTIONS 12-15-1360, 12-15-1370, 12-15-1620, 12-15-1630, 12-15-1640 AND 12-15-1650, RELATING TO CERTAIN ESTATE AND ESTATE TAX PROVISIONS.

Referred to Committee on Judiciary.

S. 547 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE MANNER IN WHICH THE EMPLOYER OR THE INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO PROVIDE THAT ANY EMPLOYER OPERATING IN VIOLATION OF SECTION 42-1-310 IS NOT ELIGIBLE FOR REIMBURSEMENT FROM THE SECOND INJURY FUND.

Referred to Committee on Labor, Commerce and Industry.

S. 548 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE PROVISION THAT TRUSTEES MAY ADMINISTER LUMP-SUM SETTLEMENTS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE LUMP-SUM STATUTE AND REPLACE IT WITH THE CORRECT REFERENCE.

Referred to Committee on Labor, Commerce and Industry.

S. 549 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, PURPOSE, ADMINISTRATION, FUNDING, AND STAFF OF THE SECOND INJURY FUND, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY ASSESSMENT UNDER THIS SECTION CONSTITUTES A PERSONAL DEBT OF EVERY EMPLOYER OR INSURANCE CARRIER SO ASSESSED AND IS DUE AND PAYABLE TO THE SECOND INJURY FUND WHEN PAYMENT IS CALLED FOR BY THE FUND, THAT A PENALTY MAY BE ASSESSED UNDER CERTAIN CONDITIONS, AND THAT THE DIRECTOR OF THE SECOND INJURY FUND MAY FILE A COMPLAINT FOR COLLECTION UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Labor, Commerce and Industry.

S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.

Referred to Committee on Judiciary.

S. 718 -- Senators McConnell, Fielding and Branton: A BILL TO AMEND ACT 762 OF 1976, RELATING TO AUTHORIZING THE STATE COLLEGE BOARD OF TRUSTEES TO ISSUE SPECIAL OBLIGATION BONDS FOR THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND PERMIT THE PROCEEDS TO BE USED TO REFUND BONDS OR OTHER OBLIGATIONS ISSUED TO DEFRAY THE COSTS OF ACQUIRING FACILITIES IMPROVEMENTS.

Referred to Committee on Ways and Means.

S. 720 -- Senators McConnell, Fielding and Branton: A BILL TO AMEND ACT 1281 of 1970, AS AMENDED, RELATING TO AUTHORIZING THE ISSUANCE OF STUDENT AND FACULTY HOUSING REVENUE BONDS OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND PERMIT THE ISSUANCE OF BONDS TO REFUND BONDS.

Referred to Committee on Ways and Means.

S. 736 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO BURGLAR ALARM SYSTEM BUSINESS LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 805, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 737 -- Senator Lindsay: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 1987 ONLY, ON THE PEE DEE RIVER IN MARLBORO AND DARLINGTON COUNTIES THE CLOSED SEASON FOR THE TAKING OF SHAD BEGINS ON JUNE FIRST RATHER THAN APRIL THIRTIETH.

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

S. 738 -- Senator Garrison: A JOINT RESOLUTION TO AUTHORIZE AN INCREASE OF MORE THAN FIVE MILLS IN ANDERSON COUNTY SCHOOL TAXES FOR THE 1987-1988 SCHOOL YEAR WITHOUT PRIOR APPROVAL OF THE QUALIFIED ELECTORS IN A REFERENDUM.

Referred to Anderson Delegation.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cooper
Cork                   Dangerfield            Davenport
Day                    Evatt                  Faber
Fair                   Felder                 Ferguson
Foxworth               Gilbert                Gordon
Gregory                Harris, J.             Harris, P.
Harvin                 Haskins                Hawkins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Kohn                   Lewis
Limehouse              Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Nesbitt                Ogburn                 Pearce
Pettigrew              Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Shelton
Short                  Simpson                Snow
Stoddard               Taylor                 Thrailkill
Toal                   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 Tuesday, May 5, 1987.

Paul Derrick                      Roland S. Corning
Lenoir Sturkie                    Denny Neilson
Samuel R. Foster                  T.W. Edwards, Jr.
Dick Elliott                      Ronald P. Townsend
Larry Koon                        William H. Jones
E. LeRoy Nettles                  Larry S. Gentry
James E. Lockemy
Total Present--120

DOCTOR OF THE DAY

Announcement was made that H. Cooper Black of Columbia, is the Doctor of the Day for the General Assembly.

S. 119--DEBATE ADJOURNED

The following was received.

MESSAGE FROM THE SENATE

Columbia, S. C., May 5, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 119:
S. 119 -- Senators Garrison and Giese: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.
Very respectfully,
President

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., May 5, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 428:
S. 428 -- Education Committee: A BILL TO AMEND SECTION 59-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF THE CAPABILITIES OF PERSONS BEING CONSIDERED AS ELEMENTARY OR SECONDARY SCHOOL PRINCIPALS, SO AS TO PROVIDE FOR AN ANNUAL INSTEAD OF A QUARTERLY REPORT ON THE ASSESSMENT AND TO REVISE THE REQUIREMENTS OF THE REPORT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

ORDERED TO THIRD READING

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

H. 3083 -- Reps. White, Keyserling and Cork: A BILL TO AMEND SECTION 7-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO DELETE FROM THE CODE SECTION THE DESCRIPTION OF THE BOUNDARIES OF THE PRECINCTS, ADD NEW PRECINCTS TO THE LIST OF VOTING PRECINCTS IN THE COUNTY, PROVIDE FOR THE PRECINCT LINES DEFINING ALL OF THE COUNTY'S PRECINCTS, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BEAUFORT COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION.

S. 432 -- Education Committee: A BILL TO AMEND SECTION 59-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELECT COMMITTEE WHICH MAKES RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION ON IMPLEMENTING THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO DELETE THE PROVISIONS REQUIRING THE STATE DEPARTMENT OF EDUCATION TO REPORT ANNUALLY TO THE COMMITTEE ON MANAGEMENT RECOMMENDATIONS TO SCHOOL DISTRICTS AND ON THEIR RESPONSES TO THE RECOMMENDATIONS.

H. 2014 -- Reps. Wilkins and P. Bradley: A BILL TO AMEND SECTION 20-7-3010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INJUNCTIONS BY THE DEPARTMENT OF SOCIAL SERVICES AGAINST THE CONTINUING OPERATIONS OF CHILD DAY CARE FACILITIES, SO AS TO PROVIDE FOR THE INJUNCTIONS TO BE BROUGHT IN THE FAMILY COURT INSTEAD OF THE CIRCUIT COURT.

S. 341 -- Senators Giese, Bryan and Thomas: A BILL TO AMEND SECTION 20-7-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND FILING OF AMENDED BIRTH CERTIFICATES, SO AS TO PROVIDE A PROCEDURE IN ADOPTIONS FOR THE FAMILY COURT TO DETERMINE THE DATE AND PLACE OF BIRTH WHEN THE ADOPTEE IS NOT BORN IN THE UNITED STATES AND NOT A CITIZEN OF THE UNITED STATES AT BIRTH AND TO AMEND SECTION 44-63-140, RELATING TO SUPPLEMENTARY OR AMENDED BIRTH CERTIFICATES FOR ADOPTEES, SO AS TO REVISE THE PROCEDURE FOR ISSUING THE CERTIFICATES.

Rep. AYDLETTE explained the Bill.

S. 511 -- Medical 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.

H. 3073 -- Rep. Cooper: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO WESTERN CAROLINA REGIONAL SEWER AUTHORITY SO AS TO ADD A NEW AREA TO THE DISTRICT, AND PROVIDE THAT THIS NEW AREA MAY NOT BECOME PART OF THE AUTHORITY UNTIL THE EXECUTION OF AN AGREEMENT BY THE AUTHORITY, THE ANDERSON COUNTY SEWER AUTHORITY, AND ANDERSON COUNTY, WITH RESPECT TO THE INSTALLATION OF COLLECTION LINES WITHIN THIS NEW AREA.

H. 2973 -- Reps. T. Rogers, J. Harris, J.H. Burriss, Shelton and Keyserling: A BILL TO AMEND CHAPTER 68 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT LEGISLATIVE COMMITTEE ON CULTURAL AFFAIRS, BY ADDING SECTION 2-68-40 SO AS TO CREATE THE SOUTH CAROLINA FOLK HERITAGE AWARD, PROVIDE FOR THE CRITERIA FOR THE AWARD, AND TO CREATE AN ADVISORY COMMITTEE TO CHOOSE AWARD RECIPIENTS.

Rep. T. ROGERS explained the Bill.

S. 521 -- Senator Williams: A BILL TO AMEND CHAPTER 13 OF TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL LAWS BY ADDING SECTION 61-13-885 SO AS TO REQUIRE EVERY PERSON ENGAGED IN THE BUSINESS OF SELLING BEER, WINE, OR LIQUOR AT RETAIL TO POST CERTAIN SIGNS PERTAINING TO UNLAWFUL PURCHASE OR POSSESSION IN EVERY LOCATION FOR WHICH HE HAS OBTAINED A LICENSE OR PERMIT, AND TO PROVIDE PENALTIES FOR VIOLATION, AND TO REPEAL SECTIONS 61-9-75 AND 61-9-455, RELATING TO THE REQUIREMENT THAT CERTAIN SIMILAR SIGNS BE POSTED IN RETAIL BEER OR WINE ESTABLISHMENTS.

Rep. WILKINS explained the Bill.

H. 3092 -- Reps. Lockemy, J. Rogers and J.W. McLeod: A JOINT RESOLUTION TO PROHIBIT DEER HUNTING IN A DESIGNATED AREA OF DILLON AND MARLBORO COUNTIES FROM SEPTEMBER 15, 1987, THROUGH JANUARY 1, 1993.

H. 3073--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. COOPER, with unanimous consent, it was ordered that H. 3073 be read the third time tomorrow.

H. 3092--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 3092 be read the third time tomorrow.

H. 3086--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3086 -- Rep. Blackwell: A BILL TO AMEND ACT 199 OF 1971, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE A PROCEDURE FOR FILLING VACANCIES IN ITS GOVERNING BODY.

Rep. BLACKWELL proposed the following Amendment No. 1 (Doc. No. 4494Y), which was adopted.

Amend the bill, as and if amended, by striking subsection (B) of Section 4 of Act 199 of 1971, as contained in SECTION 1, page 1, lines 1 through 10, and inserting:

/(B) Whenever a vacancy occurs in the board and there are more than sixty days until the next general election, the vacancy must be filled by the Governor upon the advice and consent of the Greenville County Legislative Delegation only until the next general election, at which time a successor must be elected to fill the remainder of the term. If there is less than sixty days remaining until the next general election when the vacancy occurs, the office must remain vacant until a successor is elected at that general election and qualifies for the remainder of the term./

Amend title to conform.

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

H. 3086--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 3086 be read the third time tomorrow.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE.INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.

SENT TO THE SENATE

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

H. 3011 -- Reps. Harvin and Pearce: A BILL TO PROVIDE FOR ADDITIONAL LEGISLATIVE MEMBERS ON BOARDS AND COMMITTEES UNDER THE SUBJECT MATTER JURISDICTION OF THE AGRICULTURE AND NATURAL RESOURCES COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

H. 2648--ORDERED TO THIRD READING

The following Bill was taken up.

H. 2648 -- Reps. Wilkins, Evatt, Beasley and Corning: A BILL TO AMEND SECTION 20-7-1740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AN INVESTIGATION BE MADE BY A PRIVATE OR PUBLIC WELFARE ORGANIZATION TO BE FILED WITH THE COUNTY WHEN THE FILING OF PETITION FOR ADOPTION IS MADE, SO AS TO ESTABLISH THE SPECIFIC TYPES OF INVESTIGATIONS AND REPORTS WHICH MUST BE COMPLETED PRIOR TO THE FINAL HEARING FOR ADOPTION; AND TO AMEND SECTION 20-7-1780, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL HEARINGS AND RECORDS HELD IN PROCEEDINGS UNDER ARTICLES 7, 9, AND 11, CHAPTER 7, TITLE 20 MUST BE CONFIDENTIAL AND HELD IN CLOSED COURT, SO AS TO REQUIRE THAT ALL FILES AND RECORDS PERTAINING TO ADOPTION PROCEEDINGS IN THE DEPARTMENT OF SOCIAL SERVICES ALSO MUST BE CONFIDENTIAL AND WITHHELD FROM INSPECTION IF THEY ARE MAINTAINED BY ANY PERSON CERTIFIED UNDER THE PROVISIONS OF SECTION 20-7-1750.

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

The question then recurred to the passage of the Bill, on second reading, which was agreed to, and the Bill was then ordered to a third reading.

H. 2738--DEBATE ADJOURNED

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

H. 2738 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-655 SO AS TO PROVIDE FOR THE ISSUANCE OF A LIMITED CERTIFICATE TO PRACTICE RESPIRATORY CARE AND TO PROVIDE FOR THE PAYMENT OF A FEE.

S. 314--DEBATE ADJOURNED

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

S. 314 -- Senator Drummond: A BILL TO AMEND SECTION 1-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATES FOR PARTICULAR STATE AGENCIES, COMMISSIONS, AND BOARDS, SO AS TO DELETE THE JOINT LIAISON COMMITTEE ON SMALL BUSINESS WHICH IS SCHEDULED FOR TERMINATION ON JUNE 30, 1987.

S. 344--DEBATE ADJOURNED

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

S. 344 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS; AND TO AMEND SECTION 40-69-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP AND QUALIFICATIONS AND TERMS OF THE BOARD, SO AS TO PROVIDE THAT THE BOARD INSTEAD OF THE SOUTH CAROLINA VETERINARIANS' ASSOCIATION SHALL CONDUCT AN ELECTiON TO NOMINATE PERSONS TO THE BOARD.

S. 379--RECONSIDERED

Rep. J. ROGERS moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.

S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.

S. 346--DEBATE ADJOURNED

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

S. 346 -- Senator Drummond: A BILL TO REAUTHORIZE THE BOARD OF PHARMACEUTICAL EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-43-70, RELATING TO FEES FOR EXAMINATION AND LICENSING OF PHARMACISTS, SO AS TO DELETE THE FEE OF TEN DOLLARS REQUIRED FOR LICENSING A PHARMACIST AND TO AUTHORIZE THE BOARD TO ESTABLISH THE FEE BY REGULATIONS; TO AMEND SECTION 40-43-230, AS AMENDED, RELATING TO THE RENEWAL OF LICENSES AND FEES FOR PHARMACISTS, SO AS TO DELETE THE PROVISIONS WHICH PROVIDE FOR PENALTIES FOR PERSONS DEFAULTING FOR ONE OR MORE YEARS IN PAYING THE RENEWAL FEE; AND TO AMEND SECTION 40-43-390, RELATING TO THE APPLICATION FOR RENEWAL FOR A PERMIT FOR THE OPERATION OF A PHARMACY, SO AS TO CHANGE THE RENEWAL DATE OF PERMITS FROM JUNE TO JANUARY.

S. 396--DEBATE ADJOURNED

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

S. 396 -- Senator Thomas: A BILL TO AMEND SECTION 40-45-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS, SO AS TO PROVIDE THAT COMPLAINTS MADE TO THE BOARD ARE PRIVILEGED UNTIL THE BOARD VOTES OTHERWISE AND UNLESS MADE WITH MALICIOUS INTENT.

S. 522--OBJECTIONS AND DEBATE ADJOURNED

The following Bill was taken up.

S. 522 -- Senator Williams: A BILL TO AMEND SECTION 61-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS ISSUED TO NONPROFIT ORGANIZATIONS ALLOWING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUOR AND BEVERAGES FOR A PERIOD NOT TO EXCEED TWENTY-FOUR HOURS, SO AS TO ALSO PERMIT THE SALE OF ALCOHOLIC LIQUOR AND BEVERAGES BY THE NONPROFIT ORGANIZATIONS DURING THIS TWENTY-FOUR HOUR PERIOD UPON OBTAINING A PERMIT.

Rep. WILKINS explained the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. BLACKWELL objected to the Bill.

Rep. WILKINS continued speaking.

Rep. HEARN objected to the Bill.

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

H. 2495--OBJECTIONS

The following Bill was taken up.

H. 2495 -- Rep. Washington: A BILL TO AMEND ARTICLE 3, CHAPTER 7, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PEACE, BY ADDING SECTION 16-7-180 SO AS TO PROHIBIT PARAMILITARY TRAINING BY CERTAIN PERSONS AND TO PRESCRIBE CRIMINAL PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF PARTICIPATION IN UNLAWFUL PARAMILITARY TRAINING.

Reps. P. BRADLEY, HASKINS and DAVENPORT objected to the Bill.

S. 397--POINT OF ORDER

The following was received.

CONFERENCE REPORT

The General Assembly, Columbia, S.C. May 5, 1987

The COMMITTEE OF CONFERENCE, to whom was referred S.397:
TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF CERTAIN GASOLINE TAX REVENUE SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THE AMOUNT OF A COUNTY'S APPORTIONMENT OF "C" CONSTRUCTION FUNDS, WHICH MAY BE EXPENDED FOR ROCKING OR IMPROVING COUNTY ROADS AND FOR STREET AND TRAFFIC SIGNS.

Beg leave to report that they have duly and carefully considered the same and recommend that the bill do pass, amended as follows:

Amend the bill, as and if amended, Section 12-27-400 as contained in SECTION 1, on page 2, line 6, by deleting the words "stop lights,". (Reference is to S. Printed 4/15/87-H.)
Amend Title to Conform.

/s/Harvey S. Peeler               /s/Larry Blanding
/s/Caldwell T. Hinson             /s/Lewis Phillips
/s/W. Richard Lee                 /s/Douglas Evans McTeer, Jr.
On Part of the Senate             On Part of the House

Reps. BLANDING and McTEER explained the Conference Report.

SPEAKER IN CHAIR

Rep. T. ROGERS explained the Conference Report.

POINT OF ORDER

Rep. WHITE raised the Point of Order that the Conference Committee Report was out of order as it had not been printed in the Journal in compliance with Rule 5.15.

The SPEAKER sustained the Point of Order.

HOUSE TO MEET AT 11:00 A.M. TOMORROW

Rep. McLELLAN moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.

S. 434--OBJECTION WITHDRAWN AND OBJECTION

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

S. 434 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE THE REFERENCES TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM TESTS MANDATED BY THE EDUCATION FINANCE ACT OF 1977 AND TO AUTHORIZE INSTEAD OF REQUIRE THAT STUDENTS SCORING ABOVE THE TWENTY-FIFTH PERCENTILE BE PLACED IN THAT PROGRAM OR THE BASIC SKILLS ASSESSMENT PROGRAM.

Rep. TAYLOR objected to the Bill.

S. 392--OBJECTIONS WITHDRAWN AND DEBATE ADJOURNED

Upon the withdrawal of objections by Reps. BARFIELD and HOLT the following Bill was taken up.

S. 392 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. HOLT moved to adjourn debate upon the Bill until Thursday, May 7, which was adopted.

H. 2576--OBJECTION WITHDRAWN

Rep. WHIPPER withdrew her objection to H. 2576 however, other objections remained upon the Bill.

STATEMENT BY REP. J. BRADLEY

Rep. J. BRADLEY, with unanimous consent, made a short statement relative to the Labor, Commerce and Industry Subcommittee.

Rep. BLACKWELL moved that the House do now adjourn.

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

The motion to adjourn was then agreed to by a division vote of 66 to 26.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2519 -- Reps. Simpson, Hendricks, L. Martin and Harvin: A CONCURRENT RESOLUTION COMMENDING THE SOUTH CAROLINA DENTAL ASSOCIATION FOR ITS PROGRAM WHICH PROVIDES FREE ONGOING DENTAL CARE FOR PERSONS NOT POSSESSING THE MEANS TO PAY FOR DENTAL CARE.

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.

H. 3093 -- Reps. Sheheen, J. Rogers, Aydlette, J. Bradley, Dangerfield, Holt, Kohn, Mappus, D. Martin, Washington, Whipper, Winstead, M.O. Alexander, T.C. Alexander, Altman, Arthur, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Koon, Lewis, Limehouse, Lockemy, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Ogburn, Pearce, Pettigrew, Petty, L. O. Phillips, Rhoad, Rice, T. Rogers, Sharpe, Shelton, Short, Simpson, Snow, Sturkie, Taylor, Thrailkill, Toal, Tucker, Waldrop, Wells, White, Wilder, Wilkins and Williams: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE EUGENE D. FOXWORTH, JR., AND HIS FAMILY UPON THE DEATH OF HIS MOTHER, MRS. LOUISE M. FOXWORTH OF CHARLESTON.

H. 3094 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE JIM "RUBE" KLECKLEY FOR HIS MANY ACCOMPLISHMENTS IN BASEBALL UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.

H. 3095 -- Rep. Klapman: A CONCURRENT RESOLUTION WOODY LUCAS, SR., FOR HIS MANY ACCOMPLISHMENTS IN FOOTBALL, BASKETBALL, BASEBALL, TRACK, AND BOXING UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.

H. 3097 -- Reps. McLellan and Evatt: A CONCURRENT RESOLUTION TO RECOGNIZE THE COMMITMENT AND OUTSTANDING CONTRIBUTION MADE BY CORRECTIONAL OFFICERS AND CONVEY THE APPRECIATION OF THE CITIZENS OF SOUTH CAROLINA FOR THEIR EXEMPLARY PERFORMANCE.

H. 3099 -- Reps. J.H. Burriss and Klapman: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF ANSLEY SENN, AN ELEVENTH GRADE STUDENT AT IRMO HIGH SCHOOL, UPON HER TRAGIC DEATH IN AN AUTOMOBILE ACCIDENT.

ADJOURNMENT

At 1:00 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 11:00 A.M. tomorrow.

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