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

WEDNESDAY, JANUARY 13, 1988

Wednesday, January 13, 1988
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

Deliberations were opened with prayer by the House Page, Benjamin McCoy as follows:

Bless we pray, O Lord, the members of this General Assembly and all related to its work with Your abiding presence and Your impeccable wisdom. Grant to each one courage, good health, and patience to bear the responsibilities of office. Be our Inspiration, our Counselor and our Strength. Preserve us from pride and arrogance, from littleness of purpose and selfseeking that with high purpose and divine illumination we may in solid concert move forward Your truth and righteousness. Help us to do with all our might the work committed to us by our constituents that we fail not neither them nor Your.

In the Name of our Lord and Redeemer we pray. 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.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 13, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body to attend in the Senate Chamber at 2:10 P.M. today for the purpose of Ratifying Acts.

Very Respectfully,
President.

On motion of Rep. DAY the invitation was accepted.

HOUSE STANDS AT EASE

On motion of Rep. DAY the House stood at ease.

RATIFICATION OF ACTS

At 2:10 P.M. the House attended in the Senate Chamber, where the following Act was duly ratified.

(R297) H. 2733 -- Reps. Chamblee, Cooper, P. Harris, Kay, Townsend and Tucker: AN ACT TO AMEND SECTION 7-7-80, 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 ESTABLISHMENT OF POLLING PLACES.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 12, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on S. 807.

Very respectfully,
President.

Received as information.

No. 001

REPORT RECEIVED
JOINT LEGISLATIVE COMMITTEE TO STUDY THE
PROBLEMS OF ALCOHOL AND DRUG ABUSE

On motion of Rep. HEARN, the report was received.

The report will be printed in the Senate Journal on Friday, January 15, 1988.

REPORT RECEIVED

The following was received.

January 13, 1988
The Honorable Nick A Theodore,

Lieutenant Governor
The Honorable Robert J. Sheheen,

Speaker of the House
S.C. State House
Columbia, S.C. 29201

Gentlemen:

Please be advised that pursuant to Chapter 19, Title 2 of the South Carolina Code of Laws, the Screening Committee charged with the responsibility to review candidates for election to the South Carolina Employment Security Commission has completed its work and has found qualified the below listed candidates seeking election to the office of Commissioner on the Employment Security Commission:

Mr. C. Lem Harper of Columbia, S.C.

Mr. Cecil T. Sandifer of Westminister, S.C.

Mr. J. William McLeod of Florence, S.C.

The above listed candidates have offered for election of terms to begin July, 1988 and are unopposed for the seats to be filled. It is my understanding that a resolution has been introduced to set the date for election on Wednesday, January 20, 1988.

Respectfully submitted,
Isadore E. Lourie
Chairman, Employment Security Com.
Screening Committee

Received as information.

RULES AND REGULATIONS RECEIVED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 12, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on January 12, 1988 regulations concerning Medically Indigent Assistance Fund from the State Health and Human Services Finance Commission.

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

Sincerely,
Robert J. Sheheen

Received as information.

COMMITTEE APPOINTMENT

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 13, 1988
The Honorable James H. Hodges
Member S.C. House of Representatives
Box 947
Lancaster, S.C. 29720

Dear Jim:

Since there seems to be some question about your official appointment to the Judiciary Committee even though you have been functioning in that capacity, I want to confirm that you were appointed to serve on the Judiciary Committee on May 6, 1987. You replace former Representative John R. Russell.

Sincerely,
Robert J. Sheheen

Received as information.

COMMITTEE APPOINTMENT

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 13, 1988
The Honorable Paul M. Burch
Member S.C. House of Representative.
Box 276
Pageland, S.C. 29728

Dear Paul:

It is with pleasure that I am today appointing you to serve on the Judiciary Committee. You will replace Representative James W. Johnson, Jr.

    I hope that you will enjoy serving in this capacity and know that you will be an asset to the committee.

Sincerely,
Robert J. Sheheen

Received as information.

COMMITTEE APPOINTMENT

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 13, 1988
The Honorable J. Derham Cole
Member S.C. House of Representatives
Box 1744
Spartanburg, S.C. 29728

Dear Derham:

It is with pleasure that I am today appointing you to serve on the Agriculture and Natural Resources Committee. You will replace Representative C. Alexander Harvin, III.

I hope that you will enjoy serving in this capacity and know that you will be an asset to the committee.

Sincerely,
Robert J. Sheheen

Received as information.

COMMITTEE APPOINTMENT

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 13, 1988
The Honorable Stephen P. Lanford, Sr.
Member S.C. House of Representatives
12337 Enoree Highway
Woodruff. S.C. 29388

Dear Steve:

It is with pleasure that I am today appointing you to serve on the Medical, Military, Public and Municipal Affairs Committee. You will replace former Representative David O. Hawkins.

I hope that you will enjoy serving in this capacity and know that you will be an asset to the committee.

Sincerely,
Robert J. Sheheen

Received as information.

COMMITTEE APPOINTMENT

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 13, 1988
The Honorable C. Alexander Harvin III
Member S.C. House of Representatives
Box 266
Summerton, S.C. 29148

Dear Alex:

It is with pleasure that I am today appointing you to serve on the Labor, Commerce and Industry Committee. You will replace former Representative Derial L. Ogburn.

    I hope that you will enjoy serving in this s capacity and know that you will be an asset to the committee.

Sincerely,
Robert J. Sheheen

Received as information.

COMMITTEE APPOINTMENT

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

January 13, 1988
The Honorable Alva Humphries
Member S.C. House of Representatives
3604 Fernandina Road
Columbia, S.C. 29210

Dear Alva:

It is with pleasure that I am today appointing you to serve on the Agriculture and Natural Resources Committee. You will replace Representative James H. Hodges.

I hope that you will enjoy serving in this capacity and know that you will be an asset to the committee.

Sincerely,
Robert J. Sheheen

Received as information.

REPORT OF STANDING COMMITTEE

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

H. 3326 -- Rep. M.D. Burriss: A HOUSE RESOLUTION TO INVITE THE SOUTH CAROLINA AIR NATIONAL GUARD FLAG TEAM TO PERFORM ITS PATRIOTIC FLAG CEREMONY ON THURSDAY, FEBRUARY 11, 1988, IN THE HALL OF THE HOUSE IMMEDIATELY FOLLOWING THE CHAPLAIN'S PRAYER.

H. 3326--ADOPTED

On motion of Rep. M.D. BURRISS, with unanimous consent, the following Resolution was taken up for immediate consideration.

H. 3326 -- Rep. M.D. Burriss: A HOUSE RESOLUTION TO INVITE THE SOUTH CAROLINA AIR NATIONAL GUARD FLAG TEAM TO PERFORM ITS PATRIOTIC FLAG CEREMONY ON THURSDAY, FEBRUARY 11, 1988, IN THE HALL OF THE HOUSE IMMEDIATELY FOLLOWING THE CHAPLAIN'S PRAYER.

Be it resolved by the House of Representatives:

That the South Carolina Air National Guard Flag Team is invited to perform its patriotic flag ceremony on Thursday, February 11, 1988, in the hall of the House immediately following the chaplain's prayer.

Be it further resolved that a copy of this resolution be forwarded to Master Sergeant James T. Chumley of the South Carolina Air National Guard.

The Resolution was then adopted.

REPORTS OF STANDING COMMITTEES

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

H. 3283 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-29-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS OR DISTRIBUTIONS BY DOMESTIC INSURERS BEING REQUIRED, SO AS TO REVISE WHAT CONSTITUTES AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION FOR PURPOSES OF THIS SECTION.

Ordered for consideration tomorrow.

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

H. 2122 -- Rep. McTeer: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT AFTER AN INITIAL APPLICATION FOR CLASSIFICATION OF PROPERTY AS "AGRICULTURAL REAL PROPERTY" IS FILED, NO FURTHER APPLICATION IS NECESSARY TO MAINTAIN THAT CLASSIFICATION UNTIL THE USE CLASSIFICATION OF THE PROPERTY CHANGES.

Ordered for consideration tomorrow.

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

H. 2157 -- Reps. Mattos, Davenport, Winstead, Dangerfield, T.M. Burriss, Carnell, Shelton, Foxworth, Elliott, Wells, Mappus, Rice, P. Bradley, McElveen, Hearn, E.B. McLeod and M.O. Alexander: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXES, SO AS TO EXTEND THE EXEMPTION ALLOWED ON A MOTOR VEHICLE OWNED BY A DISABLED VETERAN TO A LEASED MOTOR VEHICLE.

Ordered for consideration tomorrow.

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

H. 2879 -- Reps. Blanding, E.B. McLeod and McElveen: A BILL TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE TAX ASSESSOR, SO AS TO REQUIRE THE ASSESSOR TO REPORT REASSESSED VALUES TO THE AUDITOR ON OR BEFORE JUNE THIRTIETH OF EACH YEAR.

Ordered for consideration tomorrow.

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

H. 3333 -- Reps. McLellan, Sheheen, Dangerfield, Wilkins, J. Rogers, Toal, T.C. Alexander, Edwards, J.C. Johnson, Baxley, McTeer, Kohn, Short, Wilder, G. Bailey, Felder, McElveen, Holt, Tucker, Rhoad, Hodges, T.M. Burriss, McGinnis, McAbee, Helmly, Petty, McKay, Carnell, Bennett, McCain, Foster, Boan, L. Martin, McBride, Snow, Harvin, Winstead, T. Rogers, Cork and Corning: A BILL TO AMEND CHAPTER 19, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES OF CORPORATIONS, BY ADDING SECTION 12-19-95 SO AS TO PROVIDE A METHOD BY WHICH THE AMOUNT OF THE LICENSE FEE MUST BE MEASURED AND PROVIDE FOR THE DEFINITIONS OF "BANK", "BANK HOLDING COMPANY", "SUBSIDIARY", "ASSOCIATION", AND "SAVINGS AND LOAN HOLDING COMPANY".

Ordered for consideration tomorrow.

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

H. 3351 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 14-27-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENT TO MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO PROVIDE FOR PER DIEM, SUBSISTENCE, AND MILEAGE FOR MEETINGS ATTENDED BY THE MEMBERS AS PROVIDED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES.

Ordered for consideration tomorrow.

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

H. 3359 -- Reps. Kirsh, McTeer, Elliott and McLellan: A Bill TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-35 SO AS TO ADOPT FOR STATE INCOME TAX PURPOSES THE PROVISIONS OF THE INTERNAL REVENUE CODE INNOCENT SPOUSE RULE.

Ordered for consideration tomorrow.

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

H. 3360 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETAIL LICENSE FEE, SO AS TO PROVIDE A TEMPORARY RETAIL LICENSE FOR TRANSIENT RETAILERS SELLING IN THIS STATE FOR NOT MORE THAN THIRTY DAYS AT A FEE OF FIFTY DOLLARS.

Ordered for consideration tomorrow.

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

H. 3361 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX MONTHLY RETURNS AND PAYMENTS, SO AS TO PERMIT RETAILERS TO FILE EVERY TWENTY-EIGHT DAYS.

Ordered for consideration tomorrow.

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

H. 3362 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO REPEAL SECTION 12-21-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON PLAYING CARDS.

Ordered for consideration tomorrow.

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

H. 3363 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION FOR GASOLINE AND OTHER MOTOR FUELS TO ETHANOL BLENDS QUALIFYING FOR REDUCED MOTOR FUELS TAX DURING THE INCENTIVE PERIOD.

Ordered for consideration tomorrow.

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

H. 3364 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-37-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM TAX RETURNS REQUIRED TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, SO AS TO PROVIDE FOR THE RETURN AND PAYMENT OF TAXES WHEN SELLERS AND PURCHASERS HAVE DIFFERENT ACCOUNTING PERIODS.

Ordered for consideration tomorrow.

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

H. 3366 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-7-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR FILING STATE INCOME TAX RETURNS, SO AS TO DELETE REQUIREMENTS RELATING TO TENTATIVE RETURNS AND PARTIAL PAYMENTS.

Ordered for consideration tomorrow.

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

H. 3367 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-37-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO LIST PERSONAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO INCLUDE REAL PROPERTY WITHIN THE PENALTY PROVISION.

Ordered for consideration tomorrow.

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

H. 3368 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-54-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND OFFENSES UNDER THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION, SO AS TO INCLUDE PROPERTY ASSESSMENTS WITHIN THE EVASION OFFENSE.

Ordered for consideration tomorrow.

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

H. 3370 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-7-2250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT THE REFUND OF AN INCOME TAX OVERPAYMENT OF A DECEASED TAXPAYER IS THE SOLE AND SEPARATE PROPERTY OF THE TAXPAYER'S SURVIVING SPOUSE IF THE OVERPAYMENT IS THREE HUNDRED FIFTY DOLLARS OR LESS, SO AS TO DELETE THE REQUIREMENT OF THE SECTION THAT THE REFUND BE THREE HUNDRED FIFTY DOLLARS OR LESS.

Ordered for consideration tomorrow.

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

H. 3371 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SHARING OF SALES AND USE TAX RETURNS AND RECORDS WITH OTHER STATES OF THE UNITED STATES, SO AS TO PERMIT RECIPROCAL AGREEMENTS WITH OTHER STATES TO OBTAIN RECORDS OF SALES OR PURCHASE OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1545 SO AS TO REQUIRE REPORTING TO THE TAX COMMISSION OF SALES OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE NOT SUBJECT TO SALES OR USE TAX IN THIS STATE.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

S. 419 -- Senator Horace C. Smith: A BILL TO AMEND SECTION 9-1-1680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM TAXATION AND LEGAL PROCESS OR ASSIGNMENT OF ANY ANNUITY, RETIREMENT ALLOWANCE, RETURN OF CONTRIBUTION, ANY OPTIONAL BENEFIT, OR OTHER RIGHT ACCRUED TO ANY PERSON UNDER THE STATE RETIREMENT SYSTEM FROM GARNISHMENT, ATTACHMENT, OR ANY OTHER PROCESS, SO AS TO INCLUDE THE SAME RETIREMENT BENEFITS OF ANY PRIVATE RETIREMENT SYSTEM OPERATED BY A MUNICIPALITY WITHIN THE PROVISIONS OF THIS SECTION.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3498 -- Reps. Rudnick, Corning, J.C. Johnson, Pearce Pettigrew, T. Rogers, Huff, Barfield, Klapman, Koon, Felder, T.C. Alexander, Kirsh, Foxworth, Gentry, Waldrop, McBride, Kay, Cooper, M.O. Alexander, Hayes, Sharpe, J. Brown, Jones, Thrailkill, Washington, Rice, Elliott, McAbee and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. HENRY T. BUSBEE OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3499 -- Reps. Rudnick, Corning, J.C. Johnson, T.C. Alexander, Pearce, Koon, Felder, Pettigrew, T. Rogers, Huff, Waldrop, McBride, Klapman, Cooper, Kirsh, Hayes, M.O. Alexander, Foxworth, Sharpe, J. Brown, Gentry, Thrailkill, Barfield, Jones, Washington, Rice, Elliott, McAbee, Carnell and Kay: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF JUDGE MARION L. POWELL, CITY RECORDER OF AIKEN, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3500 -- Reps. Rudnick, T. Rogers, Pettigrew, Huff, Barfield, Koon, Waldrop, Jones, McBride, Sharpe, Washington, J. Brown, Rice, Pearce, Cooper, T.C. Alexander, Felder, Kirsh, Gentry, Thrailkill, M.O. Alexander, Hayes, Kay, Lewis, Elliott, McAbee and Carnell: A CONCURRENT RESOLUTION COMMENDING MR. HAMMIE L. CHAPLIN, JR., OF AIKEN COUNTY FOR EXCELLENT SERVICE TO THE RURAL ELECTRIC COOPERATIVE PROGRAM AS EXECUTIVE VICE-PRESIDENT AND GENERAL MANAGER OF AIKEN ELECTRIC COOPERATIVE, INC., AND EXTENDING BEST WISHES TO HIM FOR A HAPPY AND REWARDING RETIREMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3501 -- Reps. Rudnick, Barfield, T. Rogers, Hearn, Huff, Pettigrew, T.C. Alexander, Waldrop, Blackwell, Sharpe, Washington, Klapman, McBride, J. Brown, Kay, Keyserling, J.C. Johnson, Felder, Boan, Stoddard, Corning, Cooper, Foster, Kirsh, Foxworth, M.O. Alexander, Hayes, Gentry, Lewis, Thrailkill, Rice, Elliott, McAbee and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY TO OUR DEAR FRIEND AND COLLEAGUE, REPRESENTATIVE WILLIAM H. (BILLY) JONES, FOR THE DEATH OF HIS MOTHER, MRS. RUBY JENNINGS JONES, AND EXTENDING SYMPATHY TO ALL THE MEMBERS OF MRS. JONES' FAMILY AND HER MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3502 -- Reps. Rudnick, Barfield, T. Rogers, Pettigrew, Hearn, Huff, Waldrop, Sharpe, Blackwell, McBride, Klapman, Blanding, J. Brown, Washington, Rice, Keyserling, Pearce, Koon, J.C. Johnson, Boan, T.C. Alexander, Felder, Gentry, Kay, Jones, Foster, Cooper, Thrailkill, Elliott, McAbee, Carnell, Corning, Kirsh, M.O. Alexander and Hayes: A CONCURRENT RESOLUTION COMMENDING WILLIAM D. LEEKE FOR HIS OUTSTANDING PUBLIC SERVICE AS COMMISSIONER OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AND WISHING HIM HAPPINESS IN HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3503 -- Reps. Rudnick, Barfield, T. Rogers, Huff, Hearn, Waldrop, McBride, Sharpe, J. Brown, Washington, Rice, Felder, Koon, Pearce, Klapman, Cooper, Foxworth, Gentry, Kay, Jones, Pettigrew, Thrailkill, J.C. Johnson, T.C. Alexander, M.O. Alexander, Kirsh, Williams, Elliott, McAbee, Carnell, Hayes, Corning and Lewis: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. WILLIAM TOBIN CASSELS, SR., OF COLUMBIA AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3504 -- Reps. Rudnick, T. Rogers, Koon, Huff, Gentry, Barfield, Waldrop, Blanding, Jones, Sharpe, Washington, Hearn, Kay, Blackwell, McBride, J. Brown, Rice, Pearce, Pettigrew, Keyserling, Foxworth, Klapman, D. Martin, J.C. Johnson, Boan, Stoddard, T.C. Alexander, Felder, Foster, Cooper, Kirsh, Hayes, Thraillkill, Elliott, McAbee, Carnell and M.O. Alexander: A CONCURRENT RESOLUTION EXPRESSING GRATITUDE TO FRANCIS AND KAY BORKOWSKI FOR THEIR OUTSTANDING CONTRIBUTIONS TO HIGHER EDUCATION AT THE UNIVERSITY OF SOUTH CAROLINA AND TO THE MUSICAL ARTS IN THIS STATE, AND WISHING THEM SUCCESS AND HAPPINESS IN THEIR FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

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

H. 3505 -- Rep. Waldrop: A CONCURRENT RESOLUTION EXPRESSING THE CONCERN OF THE MEMBERS OF THE GENERAL ASSEMBLY ON PENDING ACTION BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY THAT WOULD HAVE A DEVASTATING EFFECT ON THE OPERATIONS OF CHAMPION INTERNATIONAL CORPORATION, A VALUED SOUTH CAROLINA EMPLOYER.

Whereas, the members of the General Assembly were deeply disturbed to learn that pending action by the Environmental Protection Agency on a water quality issue threatens the economic viability of Champion International Corporation's Haywood County, North Carolina, operation; and

Whereas, this facility employs more than twenty-two hundred people, generates more than one hundred fifty million dollars annually for the economy of the region, and has spent at this one mill alone more than seventy-three million dollars for environmental quality improvements; and

Whereas, the spillover effects of a curtailing of Champion's operations at that site could result in the loss of two thousand Champion International employees in South Carolina, seven hundred in Newberry County alone, plus others in Anderson, Fairfield, Edgefield, and Greenville counties; and

Whereas, employment in related logging, timber operations, and trucking businesses would also be adversely affected; and

Whereas, Champion International Corporation has proved itself to be a valued corporate good citizen throughout the region with an outstanding record for environmental concern. Now, therefore,

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

That the members of the General Assembly express concern on pending action by the United States Environmental Protection Agency that would have a devastating effect on the operations of Champion International Corporation, a valued South Carolina employer, and urge a resolution of the water quality issue that protects both the water quality and the livelihoods of thousands of our citizens.

Be it further resolved that a copy of this resolution be forwarded to Oliver Blackwell, Vice President and Operations Manager for Pulp and Paper Manufacturing, Champion International Corporation, Box C-10, Canton, North Carolina 28716, and to Mr. Lee Thomas, Administrator, United States Environmental Protection Agency, Washington, D.C.

Rep. Waldrop explained the Concurrent Resolution.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3506 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE MR. BURGESS SPROTT, PRESIDENT OF THE SOUTH CAROLINA PETROLEUM MARKETERS ASSOCIATION FOR 1987, UPON BEING NAMED BUSINESS PERSON OF THE YEAR IN CLARENDON COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3507 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE RECENT DEATH OF MR. E. FLEMING MASON OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3508 -- Rep. Blackwell: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF DOCTOR BILLY BOWEN PARKS OF GREENVILLE COUNTY WHO DIED NOVEMBER 30, 1987.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3509 -- Rep. Blackwell: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. JAMES A. HOWARD OF GREENVILLE COUNTY WHO DIED ON JANUARY 9, 1988.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1015 -- Senators Land and Leventis: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. RICHARD KIRK McLEOD, SR., OF SUMTER, A THIRD CIRCUIT SOLICITOR FOR TWENTY-EIGHT YEARS.

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. 1016 -- Senator Land: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES PHILIP REMBERT, VICE-CHAIRMAN OF SUMTER COUNTY COUNCIL, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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. 1017 -- Senators Shealy, Moore and Setzler: A CONCURRENT RESOLUTION CONGRATULATING MRS. ANGELA BROWN BURKHALTER OF AIKEN COUNTY UPON BEING SELECTED SOUTH CAROLINA'S TEACHER OF THE YEAR FOR 1988.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1018 -- Senators Drummond, Dennis, Williams, J. Verne Smith, Lourie, Leventis and Patterson: A CONCURRENT RESOLUTION EXPRESSING THE GRATITUDE OF THE GENERAL ASSEMBLY TO PHILIP G. GROSE, JR., FOR OUTSTANDING SERVICE AS DIRECTOR OF THE STATE REORGANIZATION COMMISSION AND EXTENDING HIM BEST WISHES FOR HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1019 -- Senators Horace C. Smith, Lee and Russell: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE UNIVERSITY OF SOUTH CAROLINA AT SPARTANBURG ON THE TWENTY-FIRST ANNIVERSARY OF ITS FOUNDING.

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. 1020 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. CLYDE N. BEASLEY, SR., OF LEE COUNTY.

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. 1021 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF MR. DARWIN K. ELMORE OF BISHOPVILLE IN LEE COUNTY.

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. 1022 -- Senator Land: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. DEWEY L. THORNBREW OF NEW ZION IN CLARENDON COUNTY.

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. 1023 -- Senator Land: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. ISAAC W. BRUNSON, SR., OF SUMTER.

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. 1024 -- Senators Mitchell, Applegate, Branton, Bryan, Courson, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, 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 EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR FRIEND AND COLLEAGUE, SENATOR REMBERT DENNIS, FOR HIS YEARS OF DEDICATED AND DISTINGUISHED SERVICE AS CHAIRMAN OF THE SENATE FINANCE COMMITTEE.

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. 1025 -- Senators Mitchell, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR FRIEND AND COLLEAGUE, SENATOR JAMES M. WADDELL, JR., OF BEAUFORT, AS HE TAKES UP THE DUTIES AND BURDEN OF CHAIRMANSHIP OF THE SENATE FINANCE COMMITTEE.

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

CONCURRENT RESOLUTION

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

S. 1026 -- Senator Lindsay: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 20, 1988, AS THE TIME FOR THE ELECTION TO FILL THE SEATS ON THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, THE TERMS FOR WHICH EXPIRE IN 1988.

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

That 12:00 noon on Wednesday, January 20, 1988, the Senate and House of Representatives shall meet in Joint Assembly in the Hall of the House of Representatives and proceed to elect successors to the members of the South Carolina Employment Security Commission whose terms expire in 1988.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1027 -- Senators Lourie, Land and J. Verne Smith: A CONCURRENT RESOLUTION COMMENDING JOHN RANDY KISER FOR OUTSTANDING SERVICE AS A MEMBER OF THE ADVISORY COMMITTEE FOR IMPROVEMENT OF THE WORKERS' COMPENSATION LAWS.

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. 1028 -- Senators Lourie, Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO COMMEMORATE THE LIFE OF J.P. "PETE" STROM, OF COLUMBIA, CHIEF OF THE STATE LAW ENFORCEMENT DIVISION FOR MORE THAN THIRTY YEARS AND OFTEN CALLED SOUTH CAROLINA'S "FORTY-SEVENTH SHERIFF," EXPRESS SORROW AT HIS DEATH, AND EXTEND SYMPATHY TO HIS FAMILY AND MANY FRIENDS AND ADMIRERS.

Whereas, J.P. "Pete" Strom, of Columbia, Chief of the State Law Enforcement Division for more than thirty years died on Monday, December 14, 1987; and

Whereas, Chief Strom has been called "the J. Edgar Hoover of South Carolina," and at one point in his career, he was being pushed for directorship of the Federal Bureau of Investigation; and

Whereas, leaders from across the State mourned the death of the man known simply as "Chief" who is credited with building the State Law Enforcement Division into a modern, professional law enforcement organization; and

Whereas, Governor Carroll Campbell ordered flags on state buildings to be flown at half-staff with the news of the Chief's passing; and

Whereas, the Reverend I. DeQuincey Newman, the State's first black senator since Reconstruction, developed a working relationship with Chief Strom during the volatile 1960's when racial segregation was the rule in South Carolina, and Reverend Newman later counted him as a close friend. The Reverend Newman, who died two years ago, said during an Educational Television Network documentary on Chief Strom in 1974: "My impression is that he is an outstanding lawman, that he is a well-informed and enlightened lawman. He is in step with the times and has contributed to the climate of race relations which now prevail in the State;" and

Whereas, Governor Campbell said he was deeply saddened by the death and commented: "His legacy shall be felt for years to come by South Carolinians who live, work, and raise their families in safety"; and

Whereas, former Governor Dick Riley said Chief Strom had a knack for utilizing the law enforcement network in his various missions and called him, "my strong right arm", recalling having great confidence in him; and

Whereas, U.S. Senator Strom Thurmond observed: "He was one of the finest law enforcement officers in the country"; and

Whereas, State Senator Rembert C. Dennis called Chief Strom, "the patriarch of law enforcement in South Carolina"; and

Whereas, Joseph Preston Strom, who had been chief of the State Law Enforcement Division since 1956, was considered "one of the most innovative lawmen ever to wear a badge, and the first real driving force behind professionalism in South Carolina law enforcement," State Law Enforcement Division spokesman Hugh Munn said; and

Whereas, Chief Strom revolutionized the State Law Enforcement Division with the use of the polygraph, computerized crime information systems, voice prints, and modern communications; instituted the first statewide telegraph network in the nation; and established a first-rate corps of bloodhounds paying for two of the dogs out of his own pocket; and

Whereas, under his leadership, the first crime laboratory in the State was established, and Chief Strom initiated a rapid expansion of existing crime labs; and

Whereas, Chief Strom also was responsible for creating the South Carolina Criminal Justice Academy in 1968 to train officers, and he saw a need for a facility where officers could be trained, but at the time no funding was available in the state budget. Chief Strom delved into his own budget for the necessary money and finally was able to secure enough funds to refurbish an old building that once had housed the State Law Enforcement Division. He called the academy a "dream come true", and the General Assembly and the Governor dedicated it as the J.P. Strom Building; and

Whereas, even though he earned just about every state and national award for excellence, Chief Strom was known just as widely for his raconteurism and his intimate management style; and

Whereas, as chief of the State Law Enforcement Division, he was known as a fearless lawman, but always impartial and mindful of the rights of suspects. Chief Strom's credo was, "Make sure he's guilty before you affect his reputation, his freedom, or his pocketbook. Make sure that during your investigation you always assure yourself that you are the fairest juror a suspect will ever have."; and

Whereas, in a law enforcement career that spanned a half-century, Chief Strom stayed remarkably clear of political turmoil, had few critics, and was reappointed term after term with little objection; and

Whereas, Chief Strom was born July 31, 1918, in McCormick County, and his father, Walter T. Strom, was sheriff for twelve years. Young Strom officially entered law enforcement in 1938 at age twenty by working for his father as a deputy; and

Whereas, during World War II, Chief Strom was a member of the Ninth Air Force stationed in France, England, and Austria, and after returning to the State, he Joined the State Law Enforcement Division in 1947 and worked his way through the ranks, being appointed chief in 1956 by then Governor George Bell Timmerman; and

Whereas, Chief Strom was a past president of the Federal Bureau of Investigation's National Academy of Associates and was a special adviser to the International Association of Police Chiefs, the largest police-related organization in the world; and

Whereas, survived by his wife, Grace, and son, Pete, Jr., Chief Strom will be sorely missed and fondly remembered by all who were lucky enough to know this great man and admire his life-long contributions to the State he loved so much. Now, therefore,

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

That the members of the General Assembly commemorate the life of J.P. "Pete" Strom, of Columbia, Chief of the State Law Enforcement Division for more than thirty years and often called South Carolina's "Forty-seventh Sheriff," express sorrow at his death, and extend sympathy to his family and many friends and admirers.

Be it further resolved that a copy of this resolution be forwarded to the family of J.P. "Pete" Strom.

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

INTRODUCTION OF BILLS

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

H. 3510 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF FUNERAL SERVICE, RELATING TO ACADEMIC QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 842, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3511 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO EXPLOSIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 845, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3512 -- Education and Public Works Committee: A BILL TO AMEND SECTIONS 56-1-40, 56-1-50, 56-1-180, 56-1-440, 56-1-720, 56-1-1030, 56-1-1090, 56-1-1100, 56-5-750, 56-5-1520, AS AMENDED, 56-5-2940, 56-5-4100, 56-5-4450, 56-5-5015, 56-5-6410, 56-5-6420, 56-5-6430, 56-9-340, 56-10-240, 56-10-250, 56-10-260, 56-10-270, AND 59-67-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF THE OPERATION OF MOTOR VEHICLES, SO AS TO INCREASE THE AGE OF PERSONS WHO MAY OBTAIN RESTRICTED DRIVERS' LICENSES FROM BETWEEN FIFTEEN AND SIXTEEN YEARS OLD TO BETWEEN SIXTEEN AND SEVENTEEN YEARS OLD AND TO ALLOW THEM TO OPERATE WITHOUT ACCOMPANIMENT OF ADULT LICENSEES WHEN GOING TO OR FROM THEIR PLACES OF BUSINESS, TO ALLOW RENEWAL OF BEGINNERS' LICENSES TO PERSONS WHO HAVE SPECIAL RESTRICTED LICENSES AND REGULAR LICENSES FOR PERSONS BELOW THE AGE OF QUALIFICATION OF THE LICENSES, TO PROVIDE A PROCEDURE FOR THE REVOCATION OR SUSPENSION OF THE DRIVERS' LICENSES OF HABITUAL OFFENDERS, TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DETERMINE WHEN A PERSON IS AN HABITUAL OFFENDER AND TO REQUIRE THE DEPARTMENT TO NOTIFY THE SOLICITOR OR ATTORNEY GENERAL OF THAT FACT IF CRIMINAL CHARGES ARE INVOLVED, TO PROVIDE FOR THE ASSESSMENT OF FIVE POINTS AGAINST A PERSON CONVICTED OF DRIVING AT A RATE IN EXCESS OF SEVENTY MILES AN HOUR, TO INCREASE PENALTIES FOR EXCEEDING THE SPEED LIMITS FOR VIOLATION OF DRIVERS' LICENSING STATUTES AND FOR D.U.I. CONVICTIONS, TO PROVIDE THAT FIVE DOLLARS OF A FINE FOR SPEEDING MUST BE PAID TO THE DEPARTMENT TO BE USED TO EMPLOY ADDITIONAL PATROLMEN, TO PROHIBIT THE SUSPENSION OF A FINE FOR FIRST OFFENSE D.U.I. AND THE SUSPENSION OF A MONETARY FINE BELOW THAT OF THE NEXT PRECEDING MINIMUM MONETARY FINE, TO REGULATE THE MANNER IN WHICH TRUCKS AND OTHER VEHICLES MAY BE LOADED AND TO REQUIRE THEM TO ASSURE THAT THE LOAD DOES NOT ESCAPE FROM THE VEHICLE, TO REQUIRE THE USE OF ILLUMINATING DEVICES ON VEHICLES OPERATING WHEN INCLEMENT WEATHER OR ENVIRONMENTAL FACTORS SEVERELY REDUCE VISIBILITY AND TO PROVIDE PENALTIES, TO ADOPT SAFETY STANDARD NO. 205 (GLAZING MATERIALS) OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND TO APPLY ITS PROVISIONS TO INDIVIDUALS, TO PROVIDE THAT IN MITIGATING CIRCUMSTANCES A MOTOR VEHICLE OPERATOR MAY REFUSE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, BUT A PERSON UNLAWFULLY REFUSING TO STOP FOR A LAW ENFORCEMENT OFFICER SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS, TO PROVIDE THAT IN ASSUMING RESPONSIBILITY FOR TRANSPORTING SCHOOL CHILDREN SCHOOL DISTRICTS MUST GIVE PRIORITY TO CHILDREN BASED ON AGE, TO REQUIRE CHILDREN FOUR THROUGH SIX YEARS OF AGE TRAVELING IN THE FRONT SEAT OF A MOTOR VEHICLE TO BE SECURED BY A SEAT BELT AND TO REQUIRE ANY CHILD ONE YEAR OLD AND UNDER SIX YEARS OLD TRAVELING IN THE BACK SEAT OF A VEHICLE TO BE SECURED IN A CHILD RESTRAINT SYSTEM OR WITH A SEAT BELT, TO EXEMPT DRIVERS FROM LIABILITY IF ALL RESTRAINT DEVICES ARE OCCUPIED BY CHILDREN UNDER THE AGE OF SIX YEARS AND IF A CHILD IS PHYSICALLY IMPAIRED, TO INCREASE PENALTIES FOR FAILING TO RETURN LICENSES AND REGISTRATION FOR LOSS OF PROOF OF FINANCIAL RESPONSIBILITY, GIVING FALSE INFORMATION ABOUT INSURANCE COVERAGE, OPERATING AN UNINSURED VEHICLE, OR TO TRANSFER A VEHICLE WHICH HAS SUSPENDED REGISTRATION AND LICENSE PLATES AND TO PROVIDE THAT IN SUCH CASES ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-5-2941 AND 56-5-6445 SO AS TO PROVIDE THAT THE ARRESTING OFFICER IN A D.U.I. CASE SHALL TAKE THE DRIVER'S LICENSE OF THE ACCUSED AND ISSUE A SUMMONS TO PROVIDE A PROCEDURE FOR THE OPERATION OF VEHICLES BY THE ACCUSED UNTIL DISPOSITION OF THE CASE AND A PROCEDURE FOR FORWARDING THE SUSPENDED LICENSE TO THE APPROPRIATE STATE AND OUT-OF-STATE AGENCIES, AND TO PROVIDE THAT THE CHILD RESTRAINT DEVICE USE STATUTES ONLY APPLY TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS; AND TO REPEAL SECTIONS 56-1-1040, 56-1-1050, 56-1-1060, 56-1-1070, AND 56-1-1080 RELATING TO HABITUAL OFFENDERS.

Without reference.

H. 3513 -- Rep. Pearce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-21-127 SO AS TO PROVIDE A PROCEDURE FOR THE RELEASE OF COMMODITIES FROM WAREHOUSES REGULATED BY THE STATE DEPARTMENT OF AGRICULTURE; AND TO AMEND SECTIONS 39-21-130 AND 39-21-135, RELATING TO PENALTIES FOR VIOLATING WAREHOUSE RECEIPT REQUIREMENTS, SO AS TO EXEMPT THE PROVISIONS OF SECTION 39-21-127.

Referred to Committee on Agriculture and Natural Resources.

H. 3514 -- Rep. Sheheen: A BILL TO AMEND CHAPTER 3, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION, EMPLOYEES, AND COMPENSATION OF THE GENERAL ASSEMBLY, BY ADDING SECTION 2-3-25 SO AS TO PROVIDE PAYMENT OF LEGISLATIVE COMPENSATION IN TWO INSTALLMENTS.

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

H. 3515 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITAL AND SURPLUS REQUIREMENTS OF STOCK INSURERS, AND SECTION 38-9-20, RELATING TO THE SURPLUS REQUIREMENTS OF MUTUAL INSURERS, SO AS TO INCREASE THE AMOUNT OF THE REQUIREMENTS; AND TO AMEND SECTION 38-9-30, RELATING TO THE INSURERS SUBJECT TO THE REQUIREMENTS, AND SECTION 38-9-50, RELATING TO THE RESTRICTIONS ON INSURERS WHO FAIL TO MEET THE REQUIREMENTS, SO AS TO REVISE THE DATES UPON WHICH THE RESTRICTIONS AND REQUIREMENTS TAKE EFFECT.

Referred to Committee on Labor, Commerce and Industry.

H. 3516 -- Reps. Rudnick, Sharpe, Jones and Pettigrew: A BILL TO AMEND ARTICLE 1, CHAPTER 24, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ADMINISTRATORS, BY ADDING SECTION 59-24-60 SO AS TO PROVIDE THAT THE SALARY OF AN ELEMENTARY OR SECONDARY SCHOOL PRINCIPAL MUST EXCEED THAT OF ANY TEACHER IN HIS SCHOOL ON AN ANNUAL BASIS ONLY.

Referred to Committee on Education and Public Works.

H. 3517 -- Reps. Rudnick, Ferguson, McBride, Whipper and Washington: A BILL TO AMEND SECTION 16-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POINTING A FIREARM AT ANY PERSON, SO AS TO REVISE THE PENALTIES FOR VIOLATION.

Referred to Committee on Judiciary.

H. 3518 -- Reps. Rudnick and Gilbert: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, BY ADDING SECTION 57-3-765 SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL GIVE PERIODIC REPORTS CONCERNING THE PROGRESS OF CERTAIN HIGHWAY EXPANSION OR CONSTRUCTION PROJECTS BY CAUSING A PROGRESS REPORT TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY OR COUNTIES WHERE THE PROJECT IS LOCATED.

Referred to Committee on Education and Public Works.

H. 3519 -- Reps. Rudnick, Williams, Blackwell, Gilbert, Klapman, Taylor, Ferguson, Rhoad, Washington, Wilder, Arthur and Whipper: A BILL TO AMEND SECTION 59-67-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF SCHOOL BUS DRIVERS AND THE DISCIPLINE OF PUPILS RIDING A SCHOOL BUS FOR MISCONDUCT, SO AS TO PROVIDE THAT FIRST INCIDENTS OF MISCONDUCT OR FIRST VIOLATIONS OF THE DRIVER'S INSTRUCTIONS BY PUPILS RIDING THE SCHOOL BUS MUST BE REPORTED TO THEIR PARENTS OR LEGAL GUARDIANS AND TO AUTHORIZE SUSPENSION OR EXPULSION OF PUPILS FROM RIDING A SCHOOL BUS FOR SECOND OR SUBSEQUENT INCIDENTS OF MISCONDUCT OR VIOLATION OF THE DRIVER'S INSTRUCTIONS.

Referred to Committee on Education and Public Works.

H. 3520 -- Reps. Rudnick, Taylor, Ferguson, Klapman, Washington, Whipper, McBride, Thrailkill and Lanford: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

Referred to Committee on Judiciary.

H. 3521 -- Rep. Tucker: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM TRAFFIC TICKET USED BY LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE FOR THE ARREST OF A PERSON COMMITTING NONTRAFFIC OFFENSES IN LIEU OF USING THE TICKET AND TO ADD THE CRIME OF POSSESSION OF MARIJUANA OR HASHISH TO THE LIST OF OFFENSES FOR WHICH THE TICKET IS TO BE ISSUED.

Referred to Committee on Judiciary.

H. 3522 -- Rep. J.C. Johnson: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS AND THE PLEDGE TO THE STATE FLAG, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE AS THE OFFICIAL REPTILE OF THE STATE.

Referred to Committee on Agriculture and Natural Resources.

H. 3523 -- Reps. Wilder and McTeer: A BILL TO ALTER THE COUNTY LINES OF HAMPTON AND ALLENDALE COUNTIES BY ANNEXING A CERTAIN PORTION OF HAMPTON COUNTY TO ALLENDALE COUNTY, TO MAKE PROVISIONS FOR LEGAL RECORDS, AND TO PROVIDE THAT ALLENDALE COUNTY SHALL ASSUME NINETEEN THOUSAND SEVEN HUNDRED FORTY-FIVE DOLLARS AND TEN CENTS OF THE INDEBTEDNESS OF HAMPTON COUNTY TRANSFERRED PURSUANT TO THIS ACT.

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

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on January 13, 1988.

Carol Wells                       Lenoir Sturkie
Robert A. Kohn                    Luther L. Taylor
Total Present-- 121

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Walter J. Roberts, Jr., of Columbia, is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

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

H. 3446 -- Greenville Delegation: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLLING PRECINCTS AND VOTING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE IN PRECINCT 97 (PLINEY) FROM PLINEY GRANGE HALL TO FIVE FORKS BAPTIST CHURCH.

H. 3195 -- Rep. J. Bradley: A BILL TO AMEND SECTION 5-27-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERMITS TO CERTAIN ORGANIZATIONS TO SOLICIT FUNDS FROM MOTORISTS WITHIN A MUNICIPALITY, SO AS TO ALSO PERMIT THIS SOLICITATION WITHIN THE UNINCORPORATED AREA OF A COUNTY, AND TO PROVIDE THAT THE COUNTY OR MUNICIPALITY IS IMMUNE FROM LIABILITY FOR ANY LOSS OR INJURY OCCURRING AS A RESULT OF THESE SOLICITATIONS, TO AMEND SECTION 15-78-60, RELATING TO WHEN A GOVERNMENTAL ENTITY IS NOT LIABLE UNDER THE TORT CLAIMS ACT SO AS TO PROVIDE THAT THERE IS ALSO NO LIABILITY AS A RESULT OF SOLICITATIONS AUTHORIZED BY SECTION 5-27-910, AND TO AMEND SECTION 56-5-3180, RELATING TO SOLICITATIONS BY PEDESTRIANS SO AS TO AUTHORIZE SOLICITATIONS PURSUANT TO SECTION 5-27-910.

H. 2572 -- Reps. J.C. Johnson and Snow: A BILL TO REPEAL SECTION 17-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SERVICE OF CRIMINAL PROCESS ON SUNDAY.

Rep. J.C. JOHNSON explained the Bill.

H. 2671 -- Reps. Limehouse, Hodges and McCain: A BILL TO AMEND SECTION 8-17-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE AGENCY EMPLOYEE GRIEVANCE PLANS AND PROCEDURES, SO AS TO CHANGE THE TIME FOR APPEALING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE.

Rep. LIMEHOUSE explained the Bill.

S. 651 -- Senators Thomas E. Smith, Jr., Peeler, Bryan and Hayes: A BILL TO AMEND SECTION 44-23-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST FURNISHING A PATIENT OR PRISONER UNDER JURISDICTION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH WITH ANY MATTER DECLARED CONTRABAND, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR NEGLIGENTLY ALLOW A PATIENT OR PRISONER TO HAVE ACCESS TO ALCOHOLIC BEVERAGES, FIREARMS, DANGEROUS WEAPONS, OR CONTROLLED SUBSTANCES AS DEFINED IN SECTION 44-53-110.

H. 2533 -- Rep. Blackwell: A BILL TO AMEND SECTION 24-21-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDON CONSIDERATION, SO AS TO ADD A GUIDELINE WHICH WOULD AUTHORIZE THE VICTIM OF A CRIME OR ANY MEMBER OF THE CONVICTED PERSON'S FAMILY LIVING WITHIN THE STATE TO PETITION FOR A PARDON FOR ANY PERSON WHO IS NO LONGER AN INMATE OR A PROBATIONER.

Rep. BLACKWELL explained the Bill.

H. 2910--POINT OF ORDER

The following Bill was taken up.

H. 2910 -- Ethics Committee: A BILL TO AMEND SECTION 8-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM APPEARING BEFORE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION AND THE SOUTH CAROLINA INSURANCE COMMISSION IN RATE OR PRICE FIXING MATTERS AND TO DELETE THE PROHIBITION AGAINST PUBLIC OFFICERS AND EMPLOYEES SO APPEARING AND ALSO DELETE THE SOUTH CAROLINA DAIRY COMMISSION.

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. 415--POINT OF ORDER

The following Bill was taken up.

S. 415 -- Judiciary Committee: A BILL TO AMEND CHAPTERS 1 THROUGH 20 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS CORPORATIONS, SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988" INCLUDING PROVISIONS RELATING TO INCORPORATION OF BUSINESS ORGANIZATIONS, PURPOSES, AND POWERS OF CORPORATIONS, NAMES, OFFICES, AND AGENTS, SHARES AND DISTRIBUTIONS, SHAREHOLDERS, DIRECTORS, AND OFFICERS, AMENDMENTS OF ARTICLES OF INCORPORATION AND BYLAWS, MERGER AND SHARE EXCHANGE, SALE OF ASSETS, DISSENTERS' RIGHTS, DISSOLUTION, FOREIGN CORPORATIONS, RECORDS, AND REPORTS, CLOSE CORPORATIONS, PROFESSIONAL CORPORATIONS, AND TRANSITION PROVISIONS; TO AMEND SECTIONS 33-42-30 AND 12-19-20, BOTH AS AMENDED, AND 12-19-70, 12-19-120, 15-9-210, 15-9-240, 15-9-245, AND 15-9-430, RELATING TO THE NAME OF A LIMITED PARTNERSHIP, FILING OF ANNUAL REPORTS, CORPORATE LICENSE FEES OR TAXES, AND SERVICE OF PROCESS, SO AS TO CONFORM THEM TO THE NEW PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988 AND TO MAKE CERTAIN OTHER CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 15-7-35 SO AS TO PROVIDE FOR VENUE IN SUITS BROUGHT AGAINST DOMESTIC AND FOREIGN CORPORATIONS; AND TO REPEAL SECTIONS 12-19-130, 15-9-260, 15-63-20 THROUGH 15-63-50, 33-51-10 THROUGH 33-51-170 AND CHAPTERS 21, 23, AND 25 OF TITLE 33 RELATING TO THE TIME FOR FILING OF ANNUAL REPORTS AND PAYMENT OF FEES OR TAXES, SERVICE OF PROCESS, CHARTER ANNULMENT, PROFESSIONAL ASSOCIATIONS, DISSOLUTION, FOREIGN BUSINESS CORPORATIONS, ANNUAL REPORTS, POWERS OF THE SECRETARY OF STATE, AND MISCELLANEOUS MATTERS.

POINT OF ORDER

Rep. TOAL 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. 556--POINT OF ORDER

The following Bill was taken up.

S. 556 -- Judiciary Committee: A BILL TO AMEND SECTIONS 15-3-340 AND 15-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS FOR RECOVERY OF REAL PROPERTY, SO AS TO LIMIT THE NUMBER OF ACTIONS THAT MAY BE BROUGHT.

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. 2019--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2019 -- Reps. J. Bradley, Boan and P. Bradley: A BILL TO PROVIDE A PLAN FOR THE WRITING OF LEGAL PROFESSIONAL LIABILITY INSURANCE FOR ATTORNEYS THROUGH A JOINT UNDERWRITING ASSOCIATION UPON A FINDING OF AN EMERGENCY BY THE INSURANCE COMMISSION BECAUSE THIS INSURANCE IS NOT AVAILABLE THROUGH NORMAL CHANNELS OR AT A REASONABLE COST.

Reps. J. BRADLEY, BOAN and J.W. McLEOD proposed the following Amendment No. 1 (Doc. No. 0244I), which was adopted.

Amend the bill, as and if amended, by striking in Section 6 of the bill /Chapter 43/ and inserting /Chapter 73/.

Amend title to conform.

Rep. J. BRADLEY explained the amendment.

The amendment was then adopted.

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

H. 2699--DEBATE ADJOURNED

Rep. CLYBORNE moved to adjourn debate upon the following Bill until Wednesday, January 27, which was adopted.

H. 2699 -- Reps. Clyborne, Baker, Haskins, Kirsh, Gilbert, Petty and J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-35-235 SO AS TO REQUIRE INSURERS TO NOTIFY IN WRITING ALL HEALTH AND MEDICAL INSURANCE POLICYHOLDERS AND ALL GROUP MEMBERS COVERED BY A GROUP POLICY OF INSURANCE BY THE INSURER OF ANY CHANCES IN COVERAGE PRIOR TO THE EFFECTIVE DATE OF THE CHANGE.

H. 3194--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3194 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-55-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATEMENT OF CHARGES AND NOTICE OF HEARING SERVED BY THE CHIEF INSURANCE COMMISSIONER ON A PERSON ALLEGED TO HAVE COMMITTED AN UNFAIR OR DECEPTIVE INSURANCE TRADE PRACTICE, SO AS TO REQUIRE THE COMMISSIONER TO ACT ON COMPLAINTS ALLEGING THE ABOVE WITHIN SIXTY DAYS AFTER RECEIPT.

Reps. J. BRADLEY, BOAN and J.W. McLEOD proposed the following Amendment No. 1 (Doc. No. 0091I), which was adopted.

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

/Section 1. Chapter 57 of Title 38 of the 1976 Code is amended by adding:

"Section 38-57-195. The Commissioner, within sixty days after receiving a complaint that a person has engaged in an unfair method of competition or an unfair or deceptive act or practice as defined by law, must act on the complaint by either making a written finding that the complaint is without merit or that a settlement thereon agreeable to all parties has been reached, or serving a statement of charges and notice of hearing on that person."/

Amend title to conform.

Rep. J. BRADLEY explained the amendment.

The amendment was then adopted.

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

H. 2591--POINT OF ORDER

The following Bill was taken up.

H. 2591 -- Rep. Davenport: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE FOR COPIES OF REGULATIONS AND AMENDMENTS TO BE GIVEN TO MEMBERS OF THE STANDING COMMITTEES TO WHICH THEY ARE ASSIGNED AND TO REQUIRE A TWENTY-DAY PERIOD AFTER AMENDMENT AND RECEIPT OF THE AMENDMENT FOR CONSIDERATION BEFORE THE REGULATION TAKES EFFECT.

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. 2716--OBJECTIONS

The following Bill was taken up.

H. 2716 -- Reps. Evatt, M.D. Burriss, Cork, Hearn, Beasley, Corning, Hayes and Fair: A BILL TO AMEND ARTICLE 3, CHAPTER 13, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST AND ENFORCEMENT OF ALCOHOLIC BEVERAGE CONTROL LAWS, BY ADDING SECTION 61-13-285 SO AS TO PROHIBIT THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE YEARS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. WILKINS explained the Bill.

Reps. GREGORY, J. BRADLEY, CORK, FABER, FOXWORTH and T. ROGERS objected to the Bill.

H. 2871--POINT OF ORDER

The following Bill was taken up.

H. 2871 -- Rep. L. Martin: A BILL TO AMEND SECTION 16-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DISORDERLY CONDUCT, SO AS TO FURTHER DEFINE THE TERM "PUBLIC PLACE" FOR PURPOSES OF THIS SECTION.

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. 2909--POINT OF ORDER

The following Bill was taken up.

H. 2909 -- Ethics Committee: A BILL TO AMEND SECTION 8-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO PROVIDE FOR THE STATE ETHICS COMMISSION TO MAKE AN INVESTIGATION OF STATEMENTS FILED WITH IT WITH RESPECT TO VIOLATION OF THE ETHICS CODE BY A CANDIDATE FOR PUBLIC OFFICE OR ANY PERSON, TO PROHIBIT THE ETHICS COMMISSION FROM DISCLOSING THE DISPOSITION OF A COMPLAINT CONCERNING A CANDIDATE FOR ELECTIVE OFFICE THIRTY DAYS PRIOR TO AN ELECTION, TO PROVIDE THAT THE FILING AND ALL MATTERS PERTAINING TO A COMPLAINT ARE CONFIDENTIAL UNLESS WAIVED IN WRITING, AND TO PROVIDE A PENALTY.

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. 131--POINT OF ORDER

The following Bill was taken up.

S. 131 -- Senators Pope, Lourie, Giese and Leventis: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING CHAPTER 27 SO AS TO PROVIDE FOR THE EMPLOYMENT PROTECTION FOR AN EMPLOYEE OF A PUBLIC BODY WHO REPORTS A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION INVOLVING A PUBLIC BODY OR ITS EMPLOYEES OR OFFICIALS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

S. 179--POINT OF ORDER

The following Bill was taken up.

S. 179 -- Senators Shealy and Drummond: A BILL TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND SUMMONING JURORS BY UTILIZING A COMPUTER, SO AS TO INCLUDE JURORS FOR THE GRAND JURY.

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.

S. 260--POINT OF ORDER

The following Bill was taken up.

S. 260 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-82 SO AS TO PROVIDE FOR THE GOVERNING BODY OF ANY PUBLIC SERVICE DISTRICT TO TRANSFER ITS ASSETS AND PROPERTIES AND RESPONSIBILITIES FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER AND FOR THE DISSOLUTION OF THE DISTRICT UPON THE COMPLETION OF THE TRANSFER.

POINT OF ORDER

Rep. HOLT 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. 279--POINT OF ORDER

The following Bill was taken up.

S. 279 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO DELETE A REFERENCE TO AN EMPLOYEE DISCHARGED BY AN ELECTED OFFICIAL, AND TO ADD A SPECIFIC REFERENCE THAT AN EMPLOYEE DISCHARGED BY THE ADMINISTRATOR OR DESIGNATED DEPARTMENT HEAD SHALL FOLLOW THE GRIEVANCE PROCEDURES AS ESTABLISHED BY COUNTY COUNCIL, BUT IF NO GRIEVANCE PROCEDURES ARE IN PLACE, TO ALLOW THE DISCHARGED EMPLOYEE TO REQUEST A HEARING BEFORE COUNTY COUNCIL.

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.

S. 732--POINT OF ORDER

The following Bill was taken up.

S. 732 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENDING THE TIME WITHIN WHICH CERTAIN PERSONS UNDER DISABILITY MAY BRING A CIVIL ACTION, SO AS TO PROVIDE THAT AN ACTION ACCRUING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT IS NOT SO EXTENDED; SECTION 15-78-20, AS AMENDED, RELATING TO LEGISLATIVE FINDINGS REGARDING THE TORT CLAIMS ACT, SO AS TO FURTHER DELINEATE WHEN THE DOCTRINE OF SOVEREIGN IMMUNITY IS REINSTATED FOR GOVERNMENTAL ENTITIES AND TO PROVIDE FOR ADDITIONAL LEGISLATIVE FINDINGS IN REGARD TO BRINGING GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS UNDER THE PROVISIONS OF THE ACT; SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY"; SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO RECREATIONAL AREAS, ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD, AND GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 15-78-70, RELATING TO THE LIABILITY FOR AN ACT OF A GOVERNMENT EMPLOYEE, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTIONS 15-78-100 AND 15-78-110, RELATING TO WHEN AN ACTION UNDER THE TORT CLAIMS ACT MUST BE INSTITUTED, SO AS TO FURTHER PROVIDE FOR THIS TIME; SECTION 15-78-120, RELATING TO LIMITATIONS ON THE AMOUNT OF RECOVERY, SO AS TO FURTHER PROVIDE FOR THESE LIMITATIONS AND TO INCREASE THESE LIMITATIONS IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 59-67-710, AS AMENDED, RELATING TO CONTRACTS OF INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE BENEFITS AND LIMITS OF LIABILITY THEREON, SO AS TO FURTHER PROVIDE FOR THESE LIMITS AND LIABILITY; AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING OF CERTAIN CLAIMS UNDER THE TORT CLAIMS ACT MUST BE COMPUTED.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

S. 93--POINT OF ORDER

The following Bill was taken up.

S. 93 -- Senator Lourie: A BILL TO AMEND SECTION 58-17-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF RAILROAD CROSSINGS BY COUNTY SUPERVISORS, SO AS TO ASSIGN THE RESPONSIBILITY TO EXAMINE CROSSINGS TO THE STATE HIGHWAY ENGINEER, TO REQUIRE HIM TO HAVE THE HIGHWAYS AND PUBLIC TRANSPORTATION DEPARTMENT TO TAKE CORRECTIVE ACTIONS OR TO DIRECT RAILROAD COMPANIES, COUNTIES, AND MUNICIPALITIES TO TAKE APPROPRIATE CORRECTIVE SAFETY MEASURES, TO PROVIDE FOR THE PAYMENT OF SAFETY-RELATED EXPENSES, AND TO PROVIDE CIVIL PENALTIES FOR NONCOMPLIANCE.

POINT OF ORDER

Rep. McABEE 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. 2955--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2955 -- Reps. Hodges and Baxley: A BILL TO PROVIDE THAT IN CIVIL ACTIONS PROOF OF SERVICE BY PUBLICATION MAY BE MADE BY THE AFFIDAVIT OF A SOUTH CAROLINA NOTARY PUBLIC THAT THE APPROPRIATE NOTICE HAS BEEN PRINTED OR PUBLISHED.

The Judiciary Committee proposed the following Amendment No. 1 to H. 2955 (DOC. NO. 0543J), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/SECTION 1. Notwithstanding the South Carolina Rules of Civil Procedure, proof of service by publication may be made by affidavit before a notary public of this State that the appropriate notice has been printed or published./

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

H. 3227--POINT OF ORDER

The following Bill was taken up.

H. 3227 -- Reps. P. Bradley, Toal, Haskins, Davenport, Baxley, G. Bailey, Limehouse, Jones, Barfield, Wilkins, Klapman, Day, Pettigrew, J.W. McLeod, R. Brown, Gentry, Hawkins, Lockemy, Fair, Taylor, Ferguson, Thrailkill, Nesbitt, Petty, Baker, Rice, McCain, Mattos, J. Harris, Wells, Felder, Koon, Townsend, Kay, Helmly, Sharpe, Sheheen, H. Brown, G. Brown, Mappus, E.B. McLeod, Elliott, McGinnis, Huff, T.M. Burriss, Hearn, Moss, O. Phillips, Chamblee, D. Martin, Dangerfield, Neilson, Lewis, Evatt and Cork: A BILL TO AMEND CHAPTER 15 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST MORALITY AND DECENCY BY ADDING SECTION 16-15-450, SO AS TO MAKE IT A FELONY FOR ANY PERSON TO FERTILIZE FEMALE ANIMALS WITH HUMAN SPERM, TO ATTEMPT THIS FERTILIZATION, OR TO ENGAGE IN RESEARCH OR CONDUCT EXPERIMENTS REGARDING THIS FERTILIZATION, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO ADD VIOLATIONS OF SECTION 16-15-450 TO THE LIST OF CRIMES CLASSIFIED AS FELONIES BY SECTION 16-1-10.

POINT OF ORDER

Rep. TOAL 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. 2013--POINT OF ORDER

The following Bill was taken up.

H. 2013 -- Rep. Taylor: A BILL TO AMEND SECTIONS 7-13-35, 7-13-40, 7-13-50, 7-13-60, AS AMENDED, 7-13-70, 7-13-610, 7-13-830, 7-15-450, 7-17-510 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS; TO AMEND ARTICLE 5 OF CHAPTER 13 OF TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EACH "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 2407--POINT OF ORDER

The following Bill was taken up.

H. 2407 -- Reps. P. Harris, Blackwell and Waldrop: 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 ACE 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.

POINT OF ORDER

Rep. BLACKWELL 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. 3043--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3043 -- Reps. Simpson and Hendricks: A BILL TO AMEND SECTION 43-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO EIGHT MEMBERS, PROVIDE THAT THE ADDITIONAL MEMBER MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FROM THE STATE AT LARGE FOR A FOUR-YEAR TERM AND MUST BE A MEMBER IN GOOD STANDING OF A LIONS CLUB IN THIS STATE, AND PROVIDE THAT THE GOVERNOR SHALL SELECT THIS ADDITIONAL MEMBER FROM A LIST SUBMITTED BY THE STATEWIDE ORGANIZATION OF LIONS INTERNATIONAL; AND TO PROVIDE FOR THE COMMENCEMENT OF THE INITIAL TERM OF THIS ADDITIONAL MEMBER.

The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 3043 (Doc. No. 0710J).

Amend the bill, as and if amended, by striking Code Section 43-25-10, as contained in SECTION 1 of the bill, and inserting:

/"Section 43-25-10. There is hereby created the South Carolina Commission for the Blind. The Commission commission shall consist consists of seven eight members, one from each of the six Congressional Districts and one two from the State at large, of whom three shall have a visual acuity not to exceed 20/200. The Governor shall, with the advice and consent of the Senate, appoint the members of the Commission commission for terms of four years and until their successors are appointed and qualify. Of the two members from the State at large, one must be a member in good standing of a Lions Club in this State, but this Lions Club member is not allowed voting privileges. All vacancies shall must be filled in the manner of the original appointment for the unexpired portion of the term only. The members of the Commission commission shall elect one of its members as chairman for a term of two years or until his successor has been elected. The chairman shall preside at the regular meetings of the Commission commission to be held at least once each month. The chairman may call a meeting when he deems considers it necessary to be held at a time to be determined by the Commission commission. The Commission commission shall appoint a commissioner and such other officers as it deems considers necessary, none of whom shall may be a member of the Commission commission, and shall fix the compensation and prescribe the duties of such these appointees. The members of the Commission commission shall receive no salary but shall be are allowed the usual mileage, subsistence, and per diem as authorized by law for members of state commissions, committees, and boards.''/

Amend title to conform.

Reps. LOCKEMY and SIMPSON explained the amendment.

Further proceedings were interrupted by expiration of time on the Uncontested Calendar, the pending question being consideration of Amendment No. 1.

RECURRENCE TO THE MORNING HOUR

Rep. PEARCE moved that the House recur to the morning hour, which was agreed to.

REPORT OF STANDING COMMITTEE

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

Invitation of S.C. Chapter National Association of Social Workers for a reception, January 19, 1988, 6:00-7:00 P.M. at the Radisson.

The invitation was accepted.

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

Invitation of S.C. Association of Regional Councils for a reception, January 26, 1988, 6:00-7:30 P.M. at the Town House.

The invitation was accepted.

INTRODUCTION OF BILLS

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

H. 3524 -- Rep. Waldrop: A BILL TO AMEND SECTIONS 40-39-40, 40-39-80, 40-39-100, AND 40-39-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAWNBROKERS, SO AS TO PROVIDE THAT PERSONS CONVICTED OF A FELONY MAY NOT BE LICENSED, TO PROVIDE FOR DUPLICATE MEMORANDA, TO ESTABLISH THE INTEREST WHICH MAY BE CHARGED ON LOANS, AND TO PROVIDE THAT NO NOTICE OF CHANGE OF TITLE TO PROPERTY FROM PLEDGOR TO PAWNBROKER MUST BE MADE ON LOANS OF LESS THAN THREE HUNDRED DOLLARS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-39-115 AND 40-39-125 SO AS TO REMOVE THE LIMIT ON HANDGUNS WHICH MAY BE PLEDGED AND REDEEMED, TO REQUIRE LAW ENFORCEMENT AGENCIES TO GIVE NOTICE ON ARRESTS AND TRIAL DATES OF PERSONS PLEDGING STOLEN GOODS, AND TO PROVIDE FOR RESTITUTION TO PAWNBROKERS WHEN STOLEN GOODS ARE CONFISCATED.

Referred to Committee on Labor, Commerce and Industry.

H. 3525 -- Rep. Waldrop: A BILL TO AMEND SECTION 56-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FACILITIES REQUIRED FOR THE ISSUANCE OF A MOTOR VEHICLE DEALER'S LICENSE, SO AS TO PROVIDE FOR THE ISSUANCE OF A TEMPORARY LICENSE TO HAVE TENT SALES OR SALES AT TEMPORARY LOCATIONS.

Referred to Committee on Education and Public Works.

H. 3526 -- Rep. Waldrop: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO REVISE THE MANNER IN WHICH THE FACE OF THE LICENSE PLATE MUST BE TREATED WITH A RETROREFLECTIVE MATERIAL.

Referred to Committee on Education and Public Work.q.

H. 3527 -- Reps. Rudnick, Blackwell, Nesbitt, M.O. Alexander, Cole, Rhoad, Wilder, P. Harris, Huff, Jones, Kirsh, Whipper, Lanford, J.H. Burriss and Harvin: A BILL TO AMEND CHAPTER 5, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING GENERALLY, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IN THE EVENT OF A VACANCY IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.

Referred to Committee on Judiciary.

H. 3528 -- Reps. Hearn and T.M. Burriss: A BILL TO AMEND SECTION 38-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS CONSIDERED AGENTS OF INSURERS, SO AS TO PROVIDE THAT CERTAIN FINANCIAL ADVISORS ARE NOT CONSIDERED INSURANCE AGENTS UNDER SPECIFIED CONDITIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3043--AMENDED AND OBJECTIONS

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.

H. 3043 -- Reps. Simpson and Hendricks: A BILL TO AMEND SECTION 43-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO EIGHT MEMBERS, PROVIDE THAT THE ADDITIONAL MEMBER MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FROM THE STATE AT LARGE FOR A FOUR-YEAR TERM AND MUST BE A MEMBER IN GOOD STANDING OF A LIONS CLUB IN THIS STATE, AND PROVIDE THAT THE GOVERNOR SHALL SELECT THIS ADDITIONAL MEMBER FROM A LIST SUBMITTED BY THE STATEWIDE ORGANIZATION OF LIONS INTERNATIONAL; AND TO PROVIDE FOR THE COMMENCEMENT OF THE INITIAL TERM OF THIS ADDITIONAL MEMBER.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, by the Committee on Medical, Military, Public and Municipal Affairs.

The amendment was then adopted.

Reps. WHIPPER, D. MARTIN, DANGERFIELD and WASHINGTON objected to the Bill.

H. 3153--POINT OF ORDER

The following Bill was taken up.

H. 3153 -- Rep. Hearn: A BILL TO AMEND SECTION 6-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION AND MODIFICATION OF CERTAIN STANDARD CODES BY REFERENCE BY MUNICIPALITIES AND COUNTIES, SO AS TO SUBSTITUTE THE COUNCIL OF AMERICAN BUILDING OFFICIALS ONE AND TWO FAMILY DWELLING CODE FOR THE STANDARD CODE, CHANGE THE COMPOSITION OF THE BUILDING CODE COUNCIL BY DELETING REFERENCES TO REPRESENTATIVES FROM VARIOUS ORGANIZATIONS AND PROVIDING THAT EACH MEMBER MUST BE A MEMBER OF THE INDUSTRY OR PROFESSION HE REPRESENTS, REDUCE THE TERM OF A MEMBER OF THE COUNCIL FROM SIX TO FOUR YEARS, DELETE THE REQUIREMENT THAT AT LEAST ONE MEMBER OF THE COUNCIL MUST BE A MEMBER OF EACH CONGRESSIONAL DISTRICT, DELETE THE PRIMARY FUNCTION OF THE COUNCIL TO DECIDE TO WHAT EXTENT ANY JURISDICTION MAY VARY FROM THE CODES LISTED IN THIS SECTION, DELETE OBSOLETE LANGUAGE, AUTHORIZE THE COUNCIL TO ELECT A VICE-CHAIRMAN, AND DELETE THE AUTHORITY OF THE COUNCIL TO ADOPT REGULATIONS.

POINT OF ORDER

Rep. ARTHUR 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. 3175--OBJECTIONS

The following Bill was taken up.

H. 3175 -- Reps. Wilkins, Tucker, Wilder, J.W. Johnson, D. Martin, McEachin, Hayes, Hendricks, H. Brown, Nettles, J. Rogers, Clyborne, Haskins, McElveen, Waldrop and Rhoad: A BILL TO AMEND CHAPTER 11 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHERIFFS, BY ADDING SECTION 23-11-110 SO AS TO PROVIDE QUALIFICATIONS AND TRAINING REQUIREMENTS FOR SHERIFFS.

Reps. G. BAILEY, LIMEHOUSE, DAY, ARTHUR, O. PHILLIPS, BLANDING, SHARPE and HOLT objected to the Bill.

S. 582--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 582 -- Senators Shealy, Thomas and Patterson: A BILL TO AMEND SECTION 40-75-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR LICENSURE UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO CLARIFY THE REQUIRED AMOUNT OF CLINICAL CONTACT AND SUPERVISED EXPERIENCE FOR A MARITAL AND FAMILY THERAPIST AS TWELVE HUNDRED HOURS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0701J), which was adopted.

Amend the bill, as and if amended, Section 40-75-100, as contained in SECTION 1, page Z, line 32, by inserting /individual/ before /supervision/ and page 3, line 2, and by striking /prior to/ and inserting /prior to before/ so that when amended Section 40-75-100 shall read:

/Section 40-75-100. All applicants for licensure shall meet all of the following qualifications:

(1) reside or intend to practice in the State;

(2) pay an application fee;

(3) complete any forms prescribed by the board.

In addition to items (1) through (3) of this section, applicants shall meet the following qualifications for the respective license for:

(A) 'Licensed Professional Counselor':

(i) have earned a doctoral degree which is primarily professional counseling in content and includes clinical experience or the substantial equivalent, and, following the receipt of the degree, have had two years of full-time work experience in a counseling setting that meets the requirements established by the board; or

(ii) have earned a master's degree which is primarily professional counseling in content or the substantial equivalent, and, following the receipt of the degree, have had two years of full-time work experience in a counseling, educational, or community agency setting that meets.the requirements established by the board. The work experience shall must include one thousand five hundred hours of direct clinical contact with either children, adolescents, or adults; one hundred fifty of these hours shall must include individual supervision, fifty hours of which may be group supervision, in the practice of counseling.

(B) 'Licensed Associate Counselor': have earned a master's degree which is primarily counseling in content and includes clinical experience and have filed a board approved plan for practice under the supervision of the board.

(C) 'Licensed Marital and Family Therapist': have earned a master's degree which is primarily marital and family therapy in content, or have taken an equivalent course of study and degree which includes marital and family therapy as determined by the board by regulation, and includes clinical experience or the substantial equivalent. Following the receipt of a qualifying degree, these applicants must also shall have had two years of full-time work experience which includes one thousand hours of direct clinical contact with couples and families and two hundred hours of individual supervision of which one hundred hours must have been supervision in the practice of marital and family therapy. The These twelve hundred hours of clinical contact and supervised experience must have been obtained working in a marital and family therapy setting that meets the requirements established by the board by regulation.

All degrees submitted as evidence of educational achievement must have been earned at regionally accredited institutions of higher learning. The board in its regulations shall establish criteria for determining acceptable supervised experience and the qualifications of the supervisor.

The board shall notify each applicant not less than thirty days prior to before the examination that the application and evidence submitted is satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall must state the reason or reasons for rejection./

Amend the bill further by striking SECTION 2 and inserting:

/SECTION 2. Section 40-75-110 of the 1976 Code is amended to read:

"Section 40-75-110. The board shall issue a license to any qualified applicant who:

(1) pays an examination fee and passes a board-conducted approved examination designed to demonstrate professional competence in professional counseling, associate counseling, or marital and family therapy, and;

(2) pays a licensing fee.

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. LOCKEMY explained the amendment.

The amendment was then adopted.

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

S. 625--POINT OF ORDER

The following Bill was taken up.

S. 625 -- Senators Hayes, Nell W. Smith and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1895 SO AS TO PROVIDE FOR A STATEWIDE ADOPTION EXCHANGE WHICH IS TO BE ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES TO RECRUIT ADOPTIVE FAMILIES.

Rep. WHIPPER explained the Bill.

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.

S. 759--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 759 -- Senator Lee: A BILL TO AMEND ACT 1120 OF 1960, AS AMENDED, RELATING TO THE LIBERTY-CHESNEE- FINGERVILLE WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO PROVIDE FOR THE ELECTION INSTEAD OF THE APPOINTMENT OF THE MEMBERS OF THE COMMISSION TO BEGIN IN 1989, PROVIDE FOR THE TERMS OF OFFICE, STAGGERING OF TERMS, METHOD BY WHICH CANDIDATES' NAMES MAY BE PLACED ON THE BALLOT, AND FOR FILLING OF VACANCIES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0848J), which was adopted.

Amend the bill, as and if amended, by striking Section 2(B) of Act 1120 of 1960, as contained in SECTION 1, on page 2, lines 20 through 32, which reads:

/(B) After the effective date of this act, the terms of office of the commissioners expire in the following manner and each member shall run for election as provided in this act: the members whose terms expire in 1988, 1990, and 1992 are extended for one year; all members whose terms expire in 1991 must be elected in November of that year as provided in this act. After November, 1993, all commissioners must be elected under the provisions of this act. All terms of office begin December first of the year following the election. Any member of the commission may succeed himself./ and inserting:

/(B) After the effective date of this act, the terms of office of the commissioners expire in the following manner and each member shall run for election as provided in this act: the members whose terms expire in 1989, 1990, and 1992 must be elected in November, 1989. for four-year terms as provided in this act. The remaining two commissioners must be elected in November 1991, for four-year terms. All terms of office begin December first of the year following the election. Any member of the commission may succeed himself./ so that when amended Section 2(B) shall read:

/(B) After the effective date of this act, the terms of office of the commissioners expire in the following manner and each member shall run for election as provided in this act: the members whose terms expire in 1988, 1990, and 1992 are extended for one year; all members whose terms expire in 1991 must be elected in November of that year as provided in this act. After November, 1993, all commissioners must be elected under the provisions of this act. All terms of office begin December first of the year following the election. Any member of the commission may succeed himself./

Amend title to conform.

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

ORDERED TO THIRD READING

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

S. 775 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 810, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3445 -- Rep. Davenport: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OPTIMIST CLUB OF SPARTANBURG, SOUTH CAROLINA, IN SPARTANBURG COUNTY.

H. 3475 -- Rep. Pearce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GYMKALOS INVESTMENT CORPORATION IN HORRY COUNTY.

H. 3445--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 3445 be read the third time tomorrow.

H. 3475--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that H. 3475 be read the third time tomorrow.

H. 2734--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, January 26, which was adopted.

H. 2734 -- Reps. Keyserling, T. Rogers, Shelton, White, Hearn, McTeer, Foxworth, Foster, Wilder, Sheheen, Rudnick, Whipper, Moss, Nesbitt, Helmly, Cork, Kirsh, H. Brown, Hayes, Hodges, Toal, Neilson, J. Rogers, Evatt, Washington and Dangerfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., January 13, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has tabled H. 2215.

H. 2215 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS BY ADDING SECTION 38-9-375 SO AS TO REQUIRE PROPERTY OR CASUALTY INSURANCE COMPANIES TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN IN EACH CONGRESSIONAL DISTRICT AT LEAST ONE RESIDENT ADJUSTER WHO IS A FULL-TIME EMPLOYEE OF THE COMPANY FOR THE PURPOSE OF INVESTIGATION AND SETTLEMENT OF CLAIMS, AND TO PROVIDE THAT FAILURE TO SO MAINTAIN THESE ADJUSTERS IS GROUNDS FOR REVOCATION OF THE COMPANY'S AUTHORIZATION TO DO BUSINESS IN THIS STATE.
Very respectfully,
President

No. 001

Received as information.

H. 2978--OBJECTIONS WITHDRAWN AND OBJECTIONS

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

H. 2978 -- Reps. T.M. Burriss and J.H. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 4601Y).

Amend the bill, as and if amended, in item (3) of Section 23-43-20 of the 1976 Code as contained in SECTION 1 by striking /, other than a mobile or manufactured home/ which begins on line 8 of page 2.

When amended, item (3) shall read:

/(3) 'Modular building unit' means a building including the necessary electrical, plumbing, heating, ventilating, and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building and not designed for ready removal to another site. This term is not to be limited to residential dwellings any building of closed construction, regardless of type of construction or occupancy classification, constructed off-site in accordance with the applicable codes, and transported to the point of use for installation or erection./

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

Reps. BLANDING and WASHINGTON objected to the Bill.

H. 2593--OBJECTIONS

Rep. FAIR withdrew his objection to the following Bill whereupon objections were raised by Reps. P. BRADLEY and MATTOS.

H. 2593 -- Reps. M.D. Burriss, Hearn and Pearce: A BILL TO AMEND ACT 430 OF 1986, RELATING TO CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO PROVIDE THAT THIS FIRE PROTECTION SPRINKLER SYSTEMS ACT DOES NOT APPLY TO LICENSED PLUMBING CONTRACTORS INSTALLING STANDPIPES AND RELATED BRANCH LINES TO FIRE HOSE CABINETS OR TO LICENSED UTILITY CONTRACTORS INSTALLING UNDERGROUND WATER MAINS, HYDRANT MAINS, AND FIRE HYDRANTS WITHIN FIVE FEET OF THE BUILDING EXTERIOR.

MOTION RULED OUT OF ORDER

Rep. LIMEHOUSE asked unanimous consent to remove his name as a co-sponsor of H. 3249.

The SPEAKER stated that the Rules of the House do not allow for a member to remove his name from a Bill once it has been read the first time, and that the Rules cannot be suspended or altered by unanimous consent. He therefore ruled the unanimous consent request out of order.

MOTION RULED OUT OF ORDER

Rep. J. BRADLEY asked unanimous consent to table S. 424.

The SPEAKER stated that the Rules of the House do not allow for a Bill to be taken up for consideration out of order, and that the Rules cannot be suspended or altered by unanimous consent. He therefore ruled the unanimous consent request out of order.

R. 266, H. 3197--GOVERNOR'S VETO SUSTAINED

Consideration of the Governor's veto on the following Bill was then taken up:

(R266) H. 3197 -- Reps. Barfield and Thrailkill: AN ACT TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 123 OF 1985, BOTH AS AMENDED, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE THAT HORRY COUNTY SHALL HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE HORRY COUNTY GOVERNING BODY.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows.

Yeas 0; Nays 78

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Alexander, M.O.        Altman                 Arthur
Bailey, G.             Bailey, K.             Baker
Barfield               Baxley                 Bennett
Bradley, P.            Brown, N.              Burriss, M.D.
Burriss, T.M.          Chamblee               Clyborne
Cole                   Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Edwards                Elliott
Faber                  Fair                   Felder
Foxworth               Gentry                 Gilbert
Gregory                Harris, J.             Haskins
Hayes                  Hearn                  Hodges
Holt                   Huff                   Humphries
Johnson, J.C.          Johnson, J.W.          Jones
Keyserling             Kohn                   Koon
Lanford                Lewis                  Lockemy
Mappus                 Martin, L.             Mattos
McBride                McCain                 McEachin
McKay                  McLellan               McLeod, E.B.
McTeer                 Neilson                Nesbitt
Pearce                 Pettigrew              Petty
Phillips, L.           Rhoad                  Rogers, T.
Rudnick                Sharpe                 Sheheen
Short                  Sturkie                Taylor
Thrailkill             Toal                   Tucker
Wells                  White                  Winstead

Total--78

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 2804--NON-CONCURRENCE IN SENATE AMENDMENTS

Debate was resumed on the Senate Amendments to the following Concurrent Resolution, the pending question being shall the House concur in the Senate Amendment.

H. 2804 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO HOLD A JOINT SESSION IN CHARLESTON ON MONDAY, MAY 23, 1988, TO CELEBRATE THE BICENTENNIAL OF THE CONSTITUTION OF THE UNITED STATES AND TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO VISIT IN CHARLESTON ON THE PRECEDING WEEKEND BEGINNING ON SATURDAY, MAY 21, 1988.

Rep. J. BRADLEY explained the Senate amendment.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

H. 2795--DEBATE ADJOURNED

Rep. TOAL moved to adjourn debate upon the following Bill until Wednesday, February 3, which was adopted.

H. 2795 -- Richland County Delegation: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT PRIOR TO ANY MERGER OR ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY A REFERENDUM IN EACH SCHOOL DISTRICT MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE MERGER OR ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT FAVOR THEIR MERGER OR ALTERATION, AND PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM; TO AMEND ACT 280 OF 1979, RELATING TO TAX LEVIES FOR LEXINGTON AND RICHLAND COUNTY SCHOOLS, SO AS TO PROVIDE THAT EFFECTIVE WITH THE FISCAL YEAR BEGINNING JULY 1, 1988, A SCHOOL TAX LEVY FOR GENERAL OPERATING PURPOSES FOR RICHLAND COUNTY SCHOOL DISTRICTS ONE AND TWO MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE DISTRICTS, PROVIDE THAT THE LEVY MAY NOT BE INCREASED MORE THAN FIVE PERCENT OF THE LOCAL TAX MILLAGE FOR OPERATING PURPOSES FROM THE PREVIOUS FISCAL YEAR UNLESS THE INCREASE IS APPROVED BY THE RICHLAND COUNTY COUNCIL, AND PROVIDE AS AN ALTERNATIVE, INSTEAD OF REQUESTING THE INCREASE FROM THE COUNCIL, THE BOARD OF EITHER DISTRICT MAY SEEK APPROVAL OF AN INCREASE BY A REFERENDUM, AND AUTHORIZE EACH BOARD TO ESTABLISH THE MILLAGE LEVEL FOR THE 1987-88 SCHOOL YEAR AT A RATE NOT TO EXCEED THE MILLAGE LEVEL FOR THE 1984-85 SCHOOL YEAR; AND TO DEVOLVE ALL POWERS OF THE RICHLAND COUNTY BOARD OF EDUCATION AND SUPERINTENDENT OF EDUCATION, WHICH WERE DEVOLVED UPON THE RICHLAND COUNTY COUNCIL, UPON THE SCHOOL BOARDS OF RICHLAND COUNTY SCHOOL DISTRICTS ONE AND TWO.

H. 2549--SENT TO THE SENATE

The following Bill was taken up.

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.

Rep. McEACHIN explained the Bill.

PARLIAMENTARY INQUIRY

Rep. HOLT inquired whether it was proper for one Bill to contain two separate and distinct subjects.

The SPEAKER stated that it was proper.

Rep. CARNELL moved to table the Bill.

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

Yeas 45; Nays 58

Those who voted in the affirmative are:

Arthur                 Bailey, K.             Barfield
Baxley                 Bennett                Blanding
Boan                   Bradley, J.            Brown, H.
Brown, J.              Burch                  Carnell
Cooper                 Dangerfield            Davenport
Elliott                Faber                  Felder
Foster                 Foxworth               Harris, J.
Harris, P.             Harvin                 Holt
Kay                    Kirsh                  Klapman
Kohn                   Martin, D.             McAbee
McBride                McLellan               McLeod, E.B.
Pettigrew              Phillips, O.           Rice
Rogers, J.             Sharpe                 Simpson
Stoddard               Thrailkill             Townsend
Washington             Whipper                Winstead

Total--45

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Baker                  Beasley
Blackwell              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Chamblee               Clyborne
Cole                   Cork                   Day
Derrick                Fair                   Gentry
Gregory                Haskins                Hayes
Hearn                  Hendricks              Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Keyserling             Koon                   Lanford
Lewis                  Lockemy                Mappus
Martin, L.             Mattos                 McCain
McEachin               McElveen               McGinnis
McKay                  McTeer                 Neilson
Nesbitt                Pearce                 Petty
Phillips, L.           Rhoad                  Rogers, T.
Rudnick                Sheheen                Short
Sturkie                Toal                   Tucker
Wells                  Wilder                 Wilkins
Williams

Total--58

So, the House refused to table the Bill.

Rep. FELDER under Rule 8.10, moved to divide the question, which was agreed to.

Question 1: Section 1

Question 2: Sections 2-11

SECTION 1--TABLED

Rep. FELDER moved to table Section 1, which was agreed to.

SECTIONS 2-11 --SENT TO THE SENATE

The question then recurred to the passage of Sections 2-11

Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 109; Nays 0

Those who voted in the affirmative are:

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

Total--109

Those who voted in the negative are:

Total--0

So, the Bill was read the third time, and ordered sent to the Senate.

H. 3111--ADOPTED

The following House Resolution was taken up.

H. 3111 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2344, RELATING TO HAZARDOUS WASTE DISPOSAL, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER CONSIDERATION OF H. 2639, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2344 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 2344 be set by special order for second reading or other consideration immediately following the second reading or other consideration of H. 2639 and this special order consideration shall continue each legislative day thereafter immediately following the call of the calendar for consideration of Senate amendments on bills until H. 2344 is given second reading or it is otherwise disposed of.

The Resolution was adopted.

H. 2344--RECOMMITTED

The following Bill was taken up.

H. 2344 -- Reps. E.B. McLeod, Washington, T. Rogers, Huff, Mappus, Hodges, Holt, Baxley, Blanding, Moss, Cooper, G. Brown, M.D. Burriss, Blackwell, McElveen, Harvin, Jones, Keyserling, Nesbitt, Evatt, Pearce, Sturkie, Bennett, Davenport, Rhoad, Chamblee, T.C. Alexander, Corning, G. Bailey, J.W. McLeod, Wells, L. Martin, McEachin, Short, Ferguson, Day, Stoddard, Simpson, Elliott, Snow, Clyborne, R. Brown, McGinnis, Whipper, Toal, L. Phillips, McBride, Wilder, Faber, J. Brown, K. Bailey, Rice, Fair, Altman, Kay, Lockemy, McLellan, Thrailkill, M.O. Alexander, Mattos, McCain, McTeer, Foster, Russell, Limehouse and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-65 SO AS TO REQUIRE THAT A REQUEST FOR MODIFICATION OR VARIANCE OF THE ORIGINALLY PERMITTED CAPACITY OF A WASTE TREATMENT STORAGE OR DISPOSAL FACILITY BE APPROVED BY REGULATION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND SUBSEQUENTLY ADOPTED BY THE GENERAL ASSEMBLY IN ACCORDANCE WITH THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT.

The Committee on Agriculture and Natural Resources proposed the following Amendment No. 1 (Doc. No. 4276Y).

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

/SECTION 1. Article 1 of Chapter 56 of Title 44 of the 1976 Code is amended by adding:

"Section 44-56-65. The waste treatment, storage, or disposal capacity originally approved or authorized when the permit, authorization, interim status, or other entitlement is issued, granted, or authorized by the department to an owner or operator of a commercial hazardous waste facility must not be increased by authorized tonage amount or by extension of time except by a regulation of the department which is subsequently adopted by the General Assembly in accordance with the South Carolina Administrative Procedures Act."/

Amend title to conform.

Rep. FOXWORTH moved that the House do now adjourn.

Rep. E.B. McLEOD demanded the yeas and nays, which were taken resulting as follows:

Yeas 30; Nays 80

Those who voted in the affirmative are:

Bailey, K.             Barfield               Bennett
Bradley, J.            Carnell                Dangerfield
Elliott                Foxworth               Gilbert
Gregory                Hodges                 Holt
Jones                  Lewis                  Mappus
Martin, L.             Mattos                 McAbee
McLellan               Pearce                 Pettigrew
Rhoad                  Rice                   Rogers, J.
Short                  Simpson                Snow
Wilder                 Williams               Winstead

Total--30

Those who voted in the negative are:

Alexander, T.C.        Altman                 Arthur
Bailey, G.             Baker                  Baxley
Beasley                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burch
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Chamblee               Clyborne               Cole
Cooper                 Cork                   Davenport
Day                    Derrick                Edwards
Faber                  Fair                   Ferguson
Foster                 Gentry                 Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Hearn                  Hendricks
Huff                   Humphries              Johnson, J.C.
Johnson, J.W.          Kay                    Keyserling
Kirsh                  Kohn                   Lanford
Limehouse              Lockemy                Martin, D.
McBride                McCain                 McEachin
McElveen               McGinnis               McKay
McLeod, E.B.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Petty                  Phillips, L.           Phillips, O.
Rogers, T.             Rudnick                Sheheen
Shelton                Sturkie                Taylor
Thrailkill             Toal                   Townsend
Tucker                 Washington             Wells
Whipper                White

Total--80

So, the House refused to adjourn.

Rep. McTEER moved to recommit the Bill to the Committee on Agriculture and Natural Resources, retaining its place on the calendar.

POINT OF ORDER

Rep. BLANDING raised the Point of Order that the motion to recommit the Bill was out of order as the Bill was under Special Order.

Rep. McTEER cited Rule 4.4, in that the House may, by majority vote, commit or recommit any Bill under Special Order.

The SPEAKER overruled the Point of Order.

The question then recurred to the motion to recommit the Bill to the Committee on Agriculture and Natural Resources, retaining its place on the calendar.

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

Yeas 61; Nays 50

Those who voted in the affirmative are:

Altman                 Arthur                 Bailey, G.
Barfield               Beasley                Blackwell
Boan                   Bradley, J.            Bradley, P.
Burch                  Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Cooper
Cork                   Dangerfield            Day
Derrick                Edwards                Elliott
Ferguson               Foxworth               Gilbert
Gregory                Harris, J.             Haskins
Hearn                  Hodges                 Holt
Huff                   Humphries              Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Klapman                Kohn                   Koon
Limehouse              Martin, L.             McAbee
McTeer                 Moss                   Neilson
Nettles                Pearce                 Phillips, O.
Rice                   Rogers, J.             Sharpe
Shelton                Short                  Snow
Sturkie                Taylor                 Thrailkill
Townsend               Tucker                 Wilder
Winstead

Total--61

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, K.
Baker                  Baxley                 Bennett
Blanding               Brown, G.              Brown, H.
Brown, J.              Brown, R.              Chamblee
Clyborne               Cole                   Davenport
Faber                  Fair                   Foster
Gentry                 Harris, P.             Harvin
Hayes                  Hendricks              Kirsh
Lanford                Lewis                  Lockemy
Martin, D.             Mattos                 McBride
McCain                 McEachin               McElveen
McKay                  McLeod, E.B.           Nesbitt
Pettigrew              Petty                  Phillips, L.
Rogers, T.             Rudnick                Sheheen
Simpson                Stoddard               Toal
Washington             Wells                  Whipper
White                  Williams

Total--50

So, the motion to recommit was agreed to.

H. 3216--TABLED

The following House Resolution was taken up.

H. 3216 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2549, RELATING TO THE ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, FOR SECOND AND THIRD READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING DISPOSITION OF H. 2862 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2549 UNTIL SECOND AND THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 2549 be set by special order for second and third reading or other consideration immediately following disposition of H. 2862 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 2549 is given second and third reading or it is otherwise disposed of.

Rep. TOAL moved to table the Resolution, which was agreed to.

H. 2450--ORDERED TO THIRD READING

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

H. 2450 -- Reps. Foster, Blackwell, Blanding, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cork, Corning, Davenport, Day, Derrick, Elliott, Evatt, Fair, Gordon, P. Harris, Harvin, Hayes, Hearn, Hendricks, Huff, Koon, Lockemy, Mattos, McAbee, E.B. McLeod, T. Rogers, Toal, Winstead and Nesbitt: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOCIAL WORKERS, SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF SOCIAL WORKER REGISTRATION, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE STRINGENTLY REGULATE SOCIAL WORKERS, AND TO REPEAL SECTION 40-63-90 OF THE 1976 CODE RELATING TO THE AUTHORITY OF THE BOARD OF SOCIAL WORKERS REGISTRATION TO PROMULGATE REGULATIONS REQUIRING CONTINUING EDUCATION.

Reps. FERGUSON, WASHINGTON and WHIPPER proposed the following Amendment No. 10 (Doc. No. 5644Y), which was tabled.

Amend the bill, as and if amended, in Section 40-63-75 by striking /to the satisfaction of the board/ as contained on line 17 of page 9.

Amend title to conform.

Rep. BLANDING moved to table the amendment, which was agreed to.

Reps. FERGUSON, WASHINGTON and WHIPPER proposed the following Amendment No. 11 (Doc. No. 5645Y), which was tabled.

Amend the bill, as and if amended, in Section 40-63-75, by striking /, or is presently practicing social work within the South Carolina Department of Social Services having a minimum of sixty hours or equivalent of college credits and is applying for licensure as a Licensed Baccalaureate Social Worker. Persons licensed under terms of this section remain subject to all requirements of this chapter, excepting those in Section 40-63-70/

Amend title to conform.

Rep. BLANDING moved to table the amendment, which was agreed to.

Reps. FERGUSON, WASHINGTON and WHIPPER proposed the following Amendment No. 12 (Doc. No. 5646Y), which was tabled.

Amend the bill, as and if amended, in Section 40-63-80 which begins on line 29 of page 9 by striking the first paragraph of the section and inserting:

/The board shall renew a license annually, after the applicant pays a renewal fee set by the board not to exceed fifty dollars per annum./

Amend title to conform.

Rep. BLANDING moved to table the amendment, which was agreed to.

Reps. FERGUSON, WASHINGTON and WHIPPER proposed the following Amendment No. 13 (Doc. No. 5647Y), which was tabled.

Amend the bill, as and if amended, in Section 40-63-80, by striking beginning on line 43, page 9 /and the current renewal regulation promulgated by the board/ and inserting /set by the board not to exceed thirty-five dollars/.

Amend title to conform.

Rep. LOCKEMY moved to table the amendment, which was agreed to.

Reps. FERGUSON, WASHINGTON and WHIPPER proposed, the following Amendment No. 14 (Doc. No. 5648Y), which was tabled.

Amend the bill, as and if amended, in Section 40-63-110, by striking item (9) of the section which begins on line 36 of page 12.

Renumber items to conform.

Amend title to conform.

Rep. FOSTER moved to table the amendment, which was agreed to.

Reps. FERGUSON, WASHINGTON and WHIPPER proposed the following Amendment No. 15 (Doc. No. 5649Y), which was tabled.

Amend the bill, as and if amended, in Section 40-63-110, by striking item (12) of the section which begins on line 3 of page 13.

Renumber items to conform.

Amend title to conform.

Rep. FOSTER moved to table the amendment, which was agreed to.

Reps. FERGUSON, WASHINGTON and WHIPPER proposed the following Amendment No. 16 (Doc. No. 5650Y), which was tabled.

Amend the bill, as and if amended, in Section 40-63-130, which begins on line 13 of page 14, by striking item (4) of the section in its entirety.

Renumber items to conform.

Amend title to conform.

Rep. FOSTER moved to table the amendment, which was agreed to.

Reps. FERGUSON, WASHINGTON and WHIPPER proposed the following Amendment No. 17 (Doc. No. 5652Y), which was tabled.

Amend the bill, as and if amended, by striking Section 40-63-140, which begins on line 7 of page 15.

Amend title to conform.

Rep. FOSTER moved to table the amendment, which was agreed to.

Reps. FERGUSON, WASHINGTON and WHIPPER proposed the following Amendment No. 18 (Doc. No. 5653Y), which was tabled.

Amend the bill, as and if amended, by striking SECTION 2 of the bill in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. FOSTER moved to table the amendment, which was agreed to.

Rep. WASHINGTON moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, retaining its place on the calendar.

Rep. LOCKEMY moved to table the motion.

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

Yeas 74; Nays 27

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, G.
Baker                  Barfield               Bennett
Blackwell              Blanding               Bradley, J.
Brown, G.              Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Fair                   Foster
Foxworth               Gentry                 Harris, P.
Harvin                 Haskins                Hayes
Hearn                  Hendricks              Hodges
Humphries              Jones                  Kirsh
Koon                   Limehouse              Lockemy
Mappus                 Martin, D.             McAbee
McCain                 McEachin               McElveen
McGinnis               McKay                  McLeod, E.B.
Moss                   Neilson                Nesbitt
Nettles                Pearce                 Petty
Phillips, L.           Rice                   Rudnick
Sharpe                 Sheheen                Shelton
Simpson                Stoddard               Sturkie
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Wells
Wilkins                Winstead

Total--74

Those who voted in the negative are:

Arthur                 Bailey, K.             Beasley
Brown, J.              Burch                  Edwards
Elliott                Faber                  Ferguson
Gregory                Harris, J.             Holt
Johnson, J.C.          Keyserling             Klapman
Lanford                Lewis                  Martin, L.
McTeer                 Pettigrew              Phillips, O.
Short                  Washington             Whipper
White                  Wilder                 Williams

Total--27

So, the motion to table was agreed to.

Rep. WASHINGTON was recognized.

Rep. FABER moved that the House do now adjourn.

POINT OF ORDER

Rep. BAKER 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.

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

Yeas 20; Nays 77

Those who voted in the affirmative are:

Arthur                 Bailey, K.             Baxley
Bennett                Brown, J.              Carnell
Edwards                Faber                  Ferguson
Gregory                Harris, P.             Kay
Lewis                  Mappus                 McLellan
Short                  Washington             Whipper
White                  Williams

Total--20

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Baker                  Barfield
Beasley                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, R.              Burch                  Burriss, J.H.
Burriss, M.D.          Chamblee               Clyborne
Cole                   Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Elliott                Fair
Foster                 Gentry                 Harris, J.
Harvin                 Haskins                Hayes
Hearn                  Hendricks              Hodges
Holt                   Huff                   Humphries
Johnson, J.C.          Johnson, J.W.          Jones
Kirsh                  Klapman                Koon
Limehouse              Lockemy                Martin, D.
Martin, L.             McBride                McCain
McEachin               McElveen               McGinnis
McLeod, E.B.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Pettigrew              Petty                  Phillips, L.
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Simpson                Snow                   Sturkie
Taylor                 Toal                   Tucker
Wilder                 Wilkins

Total--77

So, the House refused to adjourn.

Reps. WASHINGTON, FERGUSON, GREGORY and WHIPPER spoke against the Bill.

Rep. FABER moved to table the Bill.

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

The House refused to table the Bill by a division vote of 22 to 57.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 78; Nays 25

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, G.
Baker                  Barfield               Baxley
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
Cole                   Cooper                 Cork
Davenport              Day                    Derrick
Edwards                Fair                   Foster
Gentry                 Harris, P.             Haskins
Hayes                  Hearn                  Hendricks
Hodges                 Humphries              Johnson, J.W.
Jones                  Kay                    Keyserling
Kohn                   Koon                   Limehouse
Lockemy                Martin, L.             McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McLeod, E.B.
Moss                   Neilson                Nesbitt
Nettles                Pearce                 Petty
Phillips, L.           Rice                   Rudnick
Sharpe                 Shelton                Simpson
Snow                   Stoddard               Sturkie
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Wells
Wilder                 Wilkins                Winstead

Total--78

Those who voted in the negative are:

Alexander, T.C.        Arthur                 Bailey, K.
Beasley                Burch                  Elliott
Faber                  Ferguson               Gregory
Harris, J.             Johnson, J.C.          Kirsh
Lewis                  Mappus                 Martin, D.
McTeer                 Pettigrew              Phillips, O.
Rogers, J.             Sheheen                Short
Washington             Whipper                White
Williams

Total--25

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

H. 2450--RECORD FOR VOTING

I wish to be recorded as voting in favor of the passage of H. 2450, since I was out of the Chamber at the time of voting.
REP. CLYDE M. DANGERFIELD

Rep. STURKIE moved that the House do now adjourn which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3441 -- Reps. Beasley and Hayes: A CONCURRENT RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS AND CONTRIBUTIONS OF THE HONORABLE PARKER EVATT OF RICHLAND COUNTY AND TO EXTEND THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR FORMER COLLEAGUE IN HIS NEW POSITION AS COMMISSIONER OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS.

H. 3442 -- Rep. Rhoad: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO HERBERT R. KOON, JR., OF BAMBERG COUNTY ON BEING SELECTED 1986 COUNTY SUPERVISOR OF THE YEAR FOR THE FARMERS HOME ADMINISTRATION.

H. 3443 -- Rep. McTeer: A CONCURRENT RESOLUTION TO CONGRATULATE TWIN BROTHERS, LYNN H. YOUMANS AND ROBERT A. YOUMANS, OF FURMAN IN HAMPTON COUNTY FOR RECEIVING THE SOUTH CAROLINA FARM BUREAU DISTINGUISHED SERVICE AWARD FOR 1987.

H. 3468 -- Rep. M.D. Burriss: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE GENERAL EMORY M. SNEEDEN OF COLUMBIA.

H. 3469 -- Charleston County Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE MRS. SEPTIMA POINSETTE CLARK OF CHARLESTON.

H. 3470 -- Reps. Foster, Kirsh, Hayes and Nesbitt: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO COACH JIMMY WALLACE OF NORTHWESTERN HIGH SCHOOL IN YORK COUNTY ON BEING NAMED ASSOCIATED PRESS SOUTH CAROLINA HIGH SCHOOL FOOTBALL COACH OF THE YEAR.

H. 3472 -- Reps. T. Rogers, J. Bradley, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, Burch, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, Humphries, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Pearce, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, Rudnick, 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 COMMEMORATE THE LIFE OF J.P. "PETE" STROM, OF COLUMBIA, CHIEF OF THE STATE LAW ENFORCEMENT DIVISION FOR MORE THAN THIRTY YEARS AND OFTEN CALLED SOUTH CAROLINA'S "FORTY-SEVENTH SHERIFF," EXPRESS SORROW AT HIS DEATH, AND EXTEND SYMPATHY TO HIS FAMILY AND MANY FRIENDS AND ADMIRERS.

H. 3437 -- Reps. Sheheen, J. Rogers, Dangerfield, McLellan, L. Phillips, Pearce, Toal, White and Wilkins: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 20, 1988.

ADJOURNMENT

At 4:40 P.M. the House in accordance with the motion of Rep. STURKIE adjourned to meet at 10:00 A.M. tomorrow.

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