South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

TUESDAY, FEBRUARY 13, 1990

Tuesday, February 13, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

O God, our Help in days gone and our Hope in days to come, teach us that in Your constant presence there is wisdom to save us from folly; in our uncertainty, there is light to lead us; in our weakness, there is strength to fortify us; that even in our despair and failure, we find courage and determination. Continue Your nearness to shatter our delusions, to shine through our blindness, to shame our pride. Give us open ears, alert and quick to hear each whisper of Your Word as we conduct ourselves in the full knowledge that "The Lord of hosts is with us; the God of Jacob is our Refuge" (Psalm 46:7).

Thank You, Lord, for Your ever sustaining nearness. Amen.

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

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

COMMUNICATION

The following was received.

Mr. Speaker and Members of the House,

Your thoughtfulness meant much more than any words can say. Thank you very much.

Many thanks to each of you who contributed to my family and myself after our house burned. We will always be grateful for this, as well as all the expressions of friendship and concern during this time.

Jimmy Walters and Family

Received as information.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration.

Document No. 1190
Promulgated By Budget and Control Board
Date Reporting Requirements for SC General Hospitals
Received by Speaker February 12, 1990
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day expiration date June 12, 1990

Document No. 1217
Promulgated By Department of Mental Health
Designated Examiners, Parking, Forms, Public Records
Received by Speaker February 8, 1990
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day expiration date June 8, 1990

REGULATIONS WITHDRAWN AND RESUBMITTED

Document No. 1113
Promulgated By Department of Insurance
Health Maintenance Organizations
Referred to House Committee on Labor, Commerce and Industry
Withdrawn February 6, 1990
Resubmitted February 13, 1990
Revised expiration date April 6, 1990

Document No. 1153
Promulgated By Budget and Control Board
South Carolina Building Codes Council
Referred to House Committee on Labor, Commerce and Industry
Withdrawn and resubmitted February 13, 1990
Revised expiration date May 20, 1990

REPORT OF STANDING COMMITTEE

Rep. WILKES, from the Fairfield Delegation, submitted a favorable report, on:

S. 833 -- Senator Martin: A BILL TO AMEND SECTION 7-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN FAIRFIELD COUNTY, SO AS TO CHANGE THE DATE OF THE OFFICIAL MAP DESIGNATING THE PRECINCTS PREPARED BY AND ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD WHICH SHOWS CHANGES IN THE BOUNDARIES OF DUTCHMAN CREEK AND MITFORD PRECINCTS.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4620 -- Reps. Burch and J. Harris: A HOUSE RESOLUTION CONGRATULATING THE EAGLES OF CENTRAL HIGH SCHOOL, PAGELAND, CHESTERFIELD COUNTY, UPON WINNING THE 1989 STATE AA FOOTBALL TITLE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4621 -- Reps. Wright, Sharpe, Klapman, Koon, Sturkie and Derrick: A CONCURRENT RESOLUTION CONGRATULATING MR. HODGES LEWIS, ENGLISH TEACHER AT IRMO HIGH SCHOOL, UPON BEING CHOSEN AS LEXINGTON SCHOOL DISTRICT FIVE'S 1990 TEACHER OF THE YEAR.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1220 -- Senators Passailaigue, McConnell and Rose: A CONCURRENT RESOLUTION REQUESTING THE STATE TAX COMMISSION TO STUDY THE FINANCIAL IMPACT TO THE STATE THAT MAY RESULT FROM PENDING LITIGATION CHALLENGING STATE CORPORATE OR PERSONAL INCOME TAX LAWS AND TO REQUEST THE TAX COMMISSION TO MAKE A REPORT TO THE GENERAL ASSEMBLY AS TO THE EFFECT THE LAWSUITS MAY HAVE UPON THE GENERAL FUND OF THE STATE.

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

INTRODUCTION OF BILLS

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

H. 4622 -- Reps. Wilkins, Baxley, Boan, Koon, Felder, Altman, McLellan, Kinon, Winstead, Harwell, L. Martin, G. Bailey, Limehouse, Harvin, Barfield, Fair, Kohn, Blanding, McElveen and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION FOR LICENSE RENEWAL OF A REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE REQUIREMENTS FOR SUCCESSFUL COMPLETION OF THE CONTINUING EDUCATION PROGRAM.

Referred to Committee on Labor, Commerce and Industry.

H. 4623 -- Reps. Rama, Wright and Corbett: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR LITTERING, SO AS TO PROVIDE AN ADDITIONAL PENALTY OF ASSESSING TWO POINTS AGAINST THE DRIVER'S LICENSE OF THE CONVICTED PERSON; AND TO AMEND SECTION 56-1-720, AS AMENDED, RELATING TO THE POINT SYSTEM, SO AS TO ADD TWO POINTS FOR LITTERING.

Referred to Committee on Education and Public Works.

H. 4624 -- Reps. Rama, Winstead, Wright, Mappus, Burch, Keyserling, Cork, Corbett, Waites, Bruce, Quinn, Kohn, Sturkie, Barber, Littlejohn, Wilkins, Davenport and Vaughn: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE WORKPLACE ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 4625 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-250 SO AS TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO REQUIRE PAYMENTS OF TWENTY THOUSAND DOLLARS OR MORE DUE ON A RETURN TO BE PAID BY A METHOD IN WHICH THE FUNDS ARE IMMEDIATELY AVAILABLE TO THE STATE, TO REQUIRE A TAXPAYER TO PROVIDE THE COMMISSION WITH EVIDENCE OF THE PAYMENT, TO PROVIDE FOR PENALTIES AND INTEREST ON NONTIMELY PAYMENTS, TO AUTHORIZE THE COMMISSION TO ESTABLISH LATER DUE DATES, AND TO AUTHORIZE THE COMMISSION AND THE STATE TREASURER TO PROMULGATE REGULATIONS AND PRESCRIBE RULES AND PROCEDURES TO IMPLEMENT THE PAYMENT METHOD.

Referred to Committee on Ways and Means.

H. 4626 -- Rep. Washington: A BILL TO AMEND SECTION 8-21-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALARY SCHEDULES FOR PROBATE JUDGES, SO AS TO INCREASE THE SALARY OF PROBATE JUDGES AND PRIMARY ASSOCIATE PROBATE JUDGES IN COUNTIES WITH A POPULATION OF TWO HUNDRED THOUSAND AND ABOVE AND ESTABLISH ADDITIONAL QUALIFICATIONS FOR THESE JUDGES.

Referred to Committee on Ways and Means.

H. 4627 -- Rep. Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-315 SO AS TO PROHIBIT THE HUNTING OF DEER WITH DOGS IN GAME ZONE 3 IN THAT PORTION OF RICHLAND COUNTY WHICH IS NORTH OF INTERSTATE HIGHWAY I-20.

Referred to Committee on Agriculture and Natural Resources.

H. 4628 -- Rep. Taylor: A BILL TO AMEND SECTION 20-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, INCREASE THE AMOUNT OF LIABILITY FROM A MAXIMUM OF ONE THOUSAND DOLLARS TO A MAXIMUM OF TEN THOUSAND DOLLARS, AND EXPAND THE SCOPE AND COVERAGE OF THIS SECTION.

Referred to Committee on Judiciary.

H. 4629 -- Rep. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-115 SO AS TO AUTHORIZE THE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO IMPOSE TOLLS ON STREETS, HIGHWAYS, OR BRIDGES UNDER ITS JURISDICTION UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE USE OF THE REVENUE DERIVED FROM THESE TOLLS.

Referred to Committee on Education and Public Works.

H. 4630 -- Reps. McAbee, Felder and Kinon: A BILL TO AMEND SECTION 8-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAVES OF ABSENCE AUTHORIZED FOR PUBLIC OFFICERS AND EMPLOYEES FOR CERTAIN NATIONAL GUARD OR RESERVE MILITARY SERVICE, SO AS TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THESE AUTHORIZED LEAVES OF ABSENCE, TO REVISE THE TYPES OF SERVICE OR TRAINING FOR WHICH THESE LEAVES OF ABSENCE ARE AUTHORIZED, AND TO PROVIDE FOR THE MANNER IN WHICH THESE PROVISIONS MUST BE CONSTRUED.

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

H. 4631 -- Reps. Hayes, Kirsh and Nesbitt: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF MOTOR VEHICLE DEALER AND WHOLESALER LICENSE PLATES BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT A DEALER PLATE MAY NOT BE ISSUED UNLESS THE APPLICANT FURNISHES PROOF THAT THE APPLICANT HAS A RETAIL BUSINESS LICENSE AND HAS MADE AT LEAST TEN RETAIL SALES OF MOTOR VEHICLES IN THE TWELVE MONTHS PRECEDING THE APPLICATION.

Referred to Committee on Education and Public Works.

H. 4632 -- Rep. Hayes: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF MOTOR VEHICLE DEALER AND WHOLESALER LICENSE PLATES BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT A DEALER PLATE MAY BE USED ON A VEHICLE ONLY WHEN IT IS BEING DEMONSTRATED FOR SALE.

Referred to Committee on Education and Public Works.

H. 4633 -- Reps. Kirsh, Hayes, Nesbitt and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 21 OF TITLE 12 SO AS TO PROVIDE FOR A PRIVILEGE TAX ON THE EXTRACTION OF KAOLIN, CREATE THE HIGH TECHNOLOGY DEVELOPMENT FUND, AND PROVIDE FOR EXPENDITURES FROM THE FUND.

Referred to Committee on Ways and Means.

H. 4634 -- Reps. Carnell, Foster, McAbee, Stoddard, Tucker and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-231 SO AS TO PROVIDE THAT UPON RETIREMENT, IF VESTED, ANY STATE, COUNTY, OR MUNICIPAL EMPLOYEE WHO IS A COMMISSIONED LAW ENFORCEMENT OFFICER MAY PURCHASE HIS ASSIGNED SERVICE WEAPON AT A COST OF ONE DOLLAR.

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

H. 4635 -- Reps. Tucker, Carnell and McAbee: A BILL TO AMEND SECTION 16-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF OFFENSES INVOLVING WEAPONS, SO AS TO INCLUDE IN THE DEFINITION OF "CRIME OF VIOLENCE" ALL OFFENSES DESCRIBED IN ARTICLE 3, CHAPTER 53 OF TITLE 44.

Referred to Committee on Judiciary.

H. 4636 -- Reps. Moss, Farr, Phillips and Davenport: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR FILING APPLICATIONS TO CLAIM AGRICULTURAL USE FOR REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION FOR THE 1988 TAX YEAR UNTIL JULY 1, 1990.

Referred to Committee on Ways and Means.

H. 4637 -- Reps. J. Rogers, L. Martin and Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-1-25 SO AS TO PROVIDE THAT DOMESTIC PUBLIC CELLULAR RADIO TELECOMMUNICATIONS SERVICES AND PROVIDERS ARE NOT SUBJECT TO REGULATION BY THE PUBLIC SERVICE COMMISSION UNDER TITLE 58 OF THE 1976 CODE OR BY ANY OTHER PROVISION OF LAW.

Referred to Committee on Labor, Commerce and Industry.

H. 4638 -- Rep. L. Martin: A BILL TO AMEND SECTION 5-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL POLICE OFFICERS, SO AS TO REQUIRE THAT THE SHERIFF OR COUNTY POLICE CHIEF MUST AGREE IN WRITING WITH A CONTRACT BY A MUNICIPALITY IN THAT COUNTY TO PROVIDE POLICE PROTECTION BEYOND ITS CORPORATE LIMITS.

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

S. 911 -- Senators Moore, Holland, Rose, Hinson and Giese: A BILL TO AMEND SECTION 56-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF ITEMS IN APPLYING FOR A DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD, SO AS TO ALLOW ANY REASONABLY RELIABLE DOCUMENT CONTAINING THE APPLICANT'S SOCIAL SECURITY NUMBER TO SERVE AS SUFFICIENT PROOF OF THE EXISTENCE AND VALIDITY OF THEIR SOCIAL SECURITY NUMBER AND TO PROVIDE THAT THE SOCIAL SECURITY NUMBER MAY BE OBTAINED FROM OTHER SOURCES.

Referred to Committee on Education and Public Works.

S. 938 -- Senators Bryan, Hayes, Peeler, Fielding and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-52-165 SO AS TO PROVIDE FOR OFFENSES INVOLVING THE USE OF ALCOHOLIC BEVERAGES, CONTROLLED SUBSTANCES, FIREARMS, AND DANGEROUS WEAPONS BY A PATIENT RECEIVING INPATIENT SERVICES FROM THE DIVISION OF ALCOHOL AND DRUG ADDICTION SERVICES OF THE DEPARTMENT OF MENTAL HEALTH AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSES PROVIDED FOR IN THIS ACT.

Referred to Committee on Judiciary.

S. 945 -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-85 SO AS TO PROVIDE FOR THE CONTINUING EDUCATION OR OTHER ASSESSMENT OF CONTINUED COMPETENCE OF PSYCHOLOGISTS.

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

S. 1157 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 45 SO AS TO PROVIDE FOR THE REVOCATION OF ANY LICENSE OR PERMIT ISSUED BY THE STATE OR ITS POLITICAL SUBDIVISIONS TO AN ESTABLISHMENT OF PUBLIC ACCOMMODATIONS FOUND TO PRACTICE DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGION, OR NATIONAL ORIGIN AFTER A HEARING BY THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION, AND TO PROVIDE FOR CRIMINAL AND CIVIL PENALTIES AND REMEDIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

S. 1169 -- Senator Lourie: A BILL TO AMEND SECTION 58-17-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF RAILROAD CROSSINGS, SO AS TO PROVIDE FOR THE REMOVAL AND ELIMINATION OF OBSTRUCTIONS WITHIN SIXTY DAYS AFTER RECEIPT OF NOTIFICATION FROM THE DEPARTMENT, AND TO PROVIDE THIRTY DAYS FOR THE ERECTION OF CROSSBUCKS AFTER NOTIFICATION FROM THE DEPARTMENT.

Referred to Committee on Education and Public Works.

S. 1179 -- Senators Courson and Passailaigue: A BILL TO AMEND SECTION 50-17-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF SHRIMP, SO AS TO MAKE PENALTIES FOR TAKING SHRIMP OVER BAIT WITHOUT A PERMIT DISCRETIONARY INSTEAD OF MANDATORY.

Referred to Committee on Agriculture and Natural Resources.

S. 1202 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 102 SO AS TO PROVIDE FOR THE REGULATION OF AGENT CONTRACTS AND OTHER ACTIVITIES AND RELATIONS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES, TO PROVIDE FOR THE REGISTRATION OF ATHLETE AGENTS, TO REQUIRE STUDENT ATHLETES TO PROVIDE WRITTEN NOTIFICATION TO CERTAIN PERSONS UPON ENTERING INTO A CONTRACT WITH AN ATHLETE AGENT, TO REQUIRE AGENT CONTRACTS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES TO CONTAIN CERTAIN WARNING PROVISIONS, TO PROVIDE THAT FAILURE TO INCLUDE THE WARNING PROVISION RENDERS THE CONTRACT VOID, TO AUTHORIZE CIVIL DAMAGES FOR CERTAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND SECTION 16-1-10, RELATING TO THE LIST OF CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE OFFENSES IN CHAPTER 102 ABOVE WHICH ARE FELONIES TO THIS LIST.

Referred to Committee on Labor, Commerce and Industry.

S. 1203 -- Fish, Game and Forestry Committee: A BILL TO AMEND CHAPTER 11 OF TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-706 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN ANY GAME ZONE, TO PROVIDE EXCEPTIONS AND PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 50-11-700, 50-11-703, 50-11-704, AND 50-11-705 RELATING TO THE USE OF ARTIFICIAL LIGHTS.

Referred to Committee on Agriculture and Natural Resources.

S. 139 -- Senator Pope: A BILL TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING, LICENSE PLATES, AND PLACARDS FOR HANDICAPPED PERSONS, SO AS TO LIMIT THE ISSUANCE AND RENEWAL OF THE PLACARDS TO A MAXIMUM PERIOD OF TWO YEARS.

Referred to Committee on Education and Public Works.

S. 548 -- Senator Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-135 SO AS TO PROVIDE THAT NO PRISONER INCARCERATED IN ANY TYPE OF PRISON FACILITY MAY BE FORCED TO EAT OR BE FED INTRAVENOUSLY AGAINST HIS WILL.

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

S. 774 -- Senator Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 80 TO TITLE 15 SO AS TO PROVIDE FOR THE "VOLUNTEER PROTECTION ACT OF 1989".

Referred to Committee on Judiciary.

HOUSE RESOLUTION

The following was introduced:

H. 4639 -- Rep. Littlejohn: A HOUSE RESOLUTION TO CONGRATULATE CHAD ALLEN SILVERS OF SPARTANBURG COUNTY UPON WINNING THE 10TH ANNUAL WORLD ARM WRESTLING CHAMPIONSHIP IN THE 121 POUND CLASS HELD IN ATHENS, GREECE.

The Resolution was adopted.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Boan                   Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Davenport
Derrick                Elliott                Faber
Fair                   Fant                   Farr
Felder                 Ferguson               Gentry
Gordon                 Gregory                Hallman
Harris, J.             Harris, P.             Harrison
Harwell                Haskins                Hayes
Hendricks              Hodges                 Huff
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kinon                  Kirsh                  Klapman
Kohn                   Lanford                Limehouse
Littlejohn             Manly                  Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McKay
McLellan               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Short                  Simpson                Smith
Snow                   Stoddard               Sturkie
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Winstead
Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 13, 1990.

Larry Koon                        Rick Quinn
Maggie W. Glover                  Mike Jaskwhich
Alex Harvin, III                  Paul M. Burch
Ted Mappus                        Samuel R. Foster
Total Present--121

DOCTOR OF THE DAY

Announcement was made that Dr. Theodore A. Watson, of Greenville, is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4547 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE WITHHOLDING REQUIREMENTS FOR PAYMENTS TO NONRESIDENT TAXPAYERS PERFORMING SERVICES OF A TEMPORARY NATURE DO NOT APPLY TO UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES, AND TO PROVIDE THAT THESE PROVISIONS ARE RETROACTIVE TO DECEMBER 31, 1988.

H. 4262 -- Reps. Wilkins, Nettles and Burch: A BILL TO AMEND SECTION 24-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE REFERENCE TO THE DATE CERTAIN BY WHICH THE COMMISSION IS REQUIRED TO PRESCRIBE ADVISORY SENTENCING GUIDELINES FOR THE GENERAL SESSIONS COURT FOR ALL OFFENSES FOR WHICH A TERM OF IMPRISONMENT OF GREATER THAN ONE YEAR IS ALLOWED; AND TO AMEND ACT 152 OF 1989, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO PROVIDE THAT THE ADVISORY SENTENCING GUIDELINES MUST BE PRESCRIBED ON OR BEFORE JANUARY 31, 1991, AND TO PROVIDE THAT THE CLASSIFICATION SYSTEM BASED ON MAXIMUM TERM OF IMPRISONMENT FOR ALL SOUTH CAROLINA CRIMINAL OFFENSES WHICH THE COMMISSION IS REQUIRED TO RECOMMEND TO THE GENERAL ASSEMBLY MUST BE RECOMMENDED ON OR BEFORE JANUARY 31, 1991, RATHER THAN BY DECEMBER 1, 1990.

H. 4269 -- Rep. Wright: A BILL TO AMEND SECTION 23-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFF DUTY PRIVATE JOBS OF LAW ENFORCEMENT OFFICERS, SO AS TO DEFINE LAW ENFORCEMENT OFFICER.

H. 4591 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO REGULATE THE STATE WAREHOUSE SYSTEM; AND TO REPEAL CHAPTER 21 OF TITLE 39 RELATING TO THE STATE'S AGRICULTURAL WAREHOUSES.

H. 3577--DEBATE ADJOURNED

Rep. MOSS moved to adjourn debate upon the following Bill until Wednesday, February 14, which was adopted.

H. 3577 -- Rep. Davenport: A BILL TO AMEND SECTION 23-45-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SMOKE DETECTORS IN APARTMENT HOUSES, SO AS TO REQUIRE THEM TO BE INSTALLED IN EVERY RENTED DWELLING.

S. 233--DEBATE ADJOURNED

Rep. J.C. JOHNSON moved to adjourn debate upon the following Bill until Wednesday, February 14, which was adopted.

S. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.

H. 3810--DEBATE ADJOURNED

Rep. KOHN moved to adjourn debate upon the following Bill until Wednesday, February 14, which was adopted.

H. 3810 -- Rep. Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-458 SO AS TO PROVIDE THAT AN INSURANCE AGENT MAY ACCEPT A NOTARIZED STATEMENT FROM AN APPLICANT FOR AUTOMOBILE INSURANCE THAT THE APPLICANT HAS COMPLIED WITH APPLICABLE MANDATORY AUTOMOBILE INSURANCE REQUIREMENTS FOR PURPOSES OF DETERMINING THE APPROPRIATE RATE FOR THE APPLICANT.

H. 4276--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the following Bill until Tuesday, February 20, which was adopted.

H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.

H. 3223--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3223 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT BY THE WORKERS' COMPENSATION COMMISSION OF A DOCTOR TO EXAMINE AN INJURED EMPLOYEE AND TO COMPENSATION, SO AS TO PROVIDE THAT THE PHYSICIAN OR SURGEON MUST BE ALLOWED TRAVELING EXPENSES AND A REASONABLE FEE IN ACCORDANCE WITH A FEE SCHEDULE SET BY THE COMMISSION, RATHER THAN AS FIXED BY THE COMMISSION, TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE THAT THE FEES AND EXPENSES OF THE PHYSICIAN OR SURGEON MUST BE PAID BY THE COMMISSION RATHER THAN THE STATE.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 7, by the Committee on Ways and Means.

Rep. J.W. JOHNSON explained the amendment.

Rep. RUDNICK moved to table the amendment.

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

So, the House refused to table the amendment by a division vote of 9 to 51.

The question then recurred to the adoption of the amendment, which was agreed to.

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

JOINT ASSEMBLY

At 12:30 P.M. the Senate appeared in the Hall of the House.

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

ELECTION OF SOUTH CAROLINA
PUBLIC SERVICE COMMISSIONERS

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

S. 1069 -- Senators Holland, Hayes, Lee and Long: A CONCURRENT RESOLUTION TO FIX TUESDAY, FEBRUARY 13, 1990, AT 12:30 P.M. AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE STATE AT LARGE WHOSE TERMS EXPIRE IN 1990.

The President announced that nominations were in order for members from the First, Second, Third, Fourth, Fifth, Six and At-Large Congressional Districts.

ELECTION OF A MEMBER FROM THE
AT-LARGE CONGRESSIONAL DISTRICT

Senator Holland, on behalf of the Joint Screening Committee, nominated Mr. Rudolph Mitchell of Saluda.

Rep. GENTRY, on behalf of the Saluda County Delegation, seconded the nomination of Mr. Mitchell.

On motion of Rep. WASHINGTON, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon the President announced that Mr. Rudolph Mitchell was duly elected for the term prescribed by law.

ELECTION OF A MEMBER FROM THE
FIRST CONGRESSIONAL DISTRICT

Senator Holland, on behalf of the Joint Screening committee, nominated Mrs. Marjorie Amos-Frazier of Charleston and Mr. Jimmy L. Green of Charleston.

On motion of Senator Fielding nominations were closed.

The Assistant Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mrs. Amos-Frazier:

Bryan                  Courson                Drummond
Fielding               Giese                  Gilbert
Hayes                  Helmly                 Hinds
Hinson                 Holland                Land
Leatherman             Lee                    Long
Lourie                 Martin                 Martschink
Matthews               McGill                 McLeod
Mitchell               Moore                  Mullinax
O'Dell                 Passailaigue           Patterson
Peeler                 Pope                   Rose
Russell                Saleeby                Setzler
Shealy                 Smith, H.C.            Smith, J.V.
Stilwell               Williams               Wilson

Total--39

The following named Senators voted for Mr. Green:

Macaulay               McConnell              Thomas

Total--3

On motion of Rep. J.W. JOHNSON, with unanimous consent, the Members of the House voted by electric roll call.

The following named Reps. voted for Mrs. Amos-Frazier:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Davenport              Derrick
Elliott                Faber                  Fair
Fant                   Farr                   Felder
Ferguson               Gentry                 Glover
Gordon                 Hallman                Harris, J.
Harris, P.             Harrison               Harvin
Haskins                Hayes                  Hendricks
Hodges                 Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kinon                  Kirsh                  Klapman
Kohn                   Koon                   Lanford
Littlejohn             Manly                  Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McLeod
McTeer                 Moss                   Neilson
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Stoddard
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Winstead
Wofford                Wright

Total--110

The following named Reps. voted for Mr. Green:

Total--0
RECAPITULATION

Total Number of Senators voting     42
Total Number of Representatives voting     110
Grand Total     152

Necessary to a choice     76

Of which Mrs. Amos-Frazier received     149

Of which Mr. Green received     3

Whereupon the President announced that Mrs. Amos-Frazier having received a majority of the votes cast was duly elected for the term prescribed by law.

ELECTION OF A MEMBER FROM THE
SECOND CONGRESSIONAL DISTRICT

Senator Holland, on behalf of the Joint Screening Committee, nominated Mr. Clayton Baker Ingram of Columbia and Mr. Henry Yonce of Columbia.

Rep. T. ROGERS made the following remarks regarding Mr. Ingram:

"Mr. President, ladies and gentlemen, allow me, if you would, to make some very brief remarks in regard to this contest. You know, we have, obviously, a large number of votes to cast on boards and commissions this year and none with more significance and importance to the consumers of South Carolina than the votes for the Public Service Commissioners. I think it is a very healthy process that we have had some spirited contests this year. Perhaps, almost unprecedented to the degree to which there has been competition and the degree to which there have been qualified candidates seeking these offices. I submit to you that there have been some very serious issues that have been raised. Some issues that are of concern to consumers in the state of South Carolina and issues that ought to be of concern to each one of us which relate to the policies and the procedures which the Public Service Commission implements in its regulation of the industries which are entrusted to it. I hope that each one of you will take the time and I'm sure that you have, at this point, many of you have taken the time to reflect on these points which have been raised. One of the individuals who has undertaken this mission is a constituent of mine, and I want to just very briefly commend him to you in his candidacy for the Public Service Commission. His name is Clayton Ingram. Many of you have had an opportunity to meet him over the course of the last weeks. He is a native of Cheraw, the son of the late Miller Ingram, who is known to many of you, and Ruth Ingram. He is a graduate of Cheraw High School and an honors graduate of the University of South Carolina. He is a successful business person here in Columbia. He is active in his church and his neighborhood organizations in the Earlwood neighborhood in Columbia. I submit to you that he would do an excellent job in this position. If he is unsuccessful this time, I hope that you will remember him favorably in the event that, hopefully, he will join us again and offer as a candidate. Thank you very much, Mr. President, for the opportunity to make the remarks."

Rep. T. ROGERS seconded the nomination of Mr. Ingram.

On motion of Senator Holland nominations were closed.

The Assistant Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senator voted for Mr. Ingram:
Macaulay

Total--1

The following named Senators voted for Mr. Yonce:

Bryan                  Courson                Drummond
Fielding               Giese                  Gilbert
Hayes                  Helmly                 Hinds
Hinson                 Holland                Land
Leatherman             Lee                    Long
Lourie                 Martin                 Martschink
Matthews               McConnell              McGill
McLeod                 Mitchell               Moore
Mullinax               O'Dell                 Passailaigue
Patterson              Peeler                 Pope
Rose                   Russell                Saleeby
Setzler                Shealy                 Smith, H.C.
Smith, J.V.            Stilwell               Thomas
Williams               Wilson

Total--41

On motion of Rep. J.W. JOHNSON, with unanimous consent, the Members of the House voted by electric roll call.

The following named Reps. voted for Mr. Ingram:

Corbett                Fant                   Harris, J.
Harrison               McBride                Rogers, T.

Total--6

The following named Reps. voted for Mr. Yonce:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Cork                   Corning                Davenport
Derrick                Elliott                Faber
Farr                   Felder                 Ferguson
Gentry                 Glover                 Gordon
Hallman                Harris, P.             Harvin
Harwell                Haskins                Hayes
Hendricks              Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kinon                  Kirsh                  Klapman
Kohn                   Koon                   Lanford
Littlejohn             Manly                  Martin, D.
Martin, L.             Mattos                 McAbee
McCain                 McEachin               McElveen
McGinnis               McKay                  McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Stoddard
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Winstead
Wofford                Wright

Total--107
RECAPITULATION

Total Number of Senators voting     42
Total Number of Representatives voting     113
Grand Total     155

Necessary to a choice     77.5

Of which Mr. Yonce received     148

Of which Mr. Ingram received     7

Whereupon the President announced that Mr. Yonce having received a majority of the votes cast was duly elected for the term prescribed by law.

ELECTION OF A MEMBER FROM THE THIRD
CONGRESSIONAL DISTRICT

Senator Holland, on behalf of the Joint Screening Committee, nominated Mr. Guy Butler of Greenwood and Mr. Wayne A. Smalley of Walhalla.

Senator Macaulay:

"Mr. President, Mr. Speaker, members of the Joint Assembly... Following up on my colleague from Richland County, I would like to remark, also, that this is a very serious order of enterprise that we are about today. Fortunately, we have had a merit screening panel in place now for some time. We have suggested that it works. We know that we do have qualified nominees who have passed screening. It was suggested along the back row, not long ago, that there are some of us who seem to swim against the tide. Well, I am reminded that sometimes when the tide goes out, that's when it becomes necessary to continue with the future of whatever enterprise you are about. Sometimes it is called spawning. If we are to provide for our future in South Carolina, we have to give more than just performer or casual attention to what we are about. I would only suggest to you today that we are very fortunate in having a gentlemen from the third congressional district who, if you would, had the courage to offer for something as important as the Public Service Commission. He is a former mayor, a businessman since 1971, operating his own business successfully. A graduate of the University of Georgia, a person who brings to us, not only civic, but also business qualities. Gainfully, approving those things that need to be done in South Carolina. So, therefore, I give to you, for what you will do with it, the name of Wayne Alan Smalley, candidate for the Public Service Commission from the third congressional district. Thank you."

On motion of Senator Holland nominations were closed.

The Assistant Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Butler:

Bryan                  Drummond               Fielding
Giese                  Gilbert                Hayes
Helmly                 Hinds                  Hinson
Holland                Land                   Leatherman
Lee                    Leventis               Long
Lourie                 Martin                 Martschink
McConnell              McGill                 McLeod
Mitchell               Moore                  Mullinax
O'Dell                 Passailaigue           Patterson
Peeler                 Pope                   Russell
Saleeby                Setzler                Shealy
Smith, H.C.            Smith, J.V.            Stilwell
Thomas                 Williams

Total--38

The following named Senators voted for Mr. Smalley:

Courson                Macaulay               Rose
Wilson

Total--4

On motion of Rep. J.W. JOHNSON, with unanimous consent, the Members of the House voted by electric roll call.

The following named Reps. voted for Mr. Butler:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, K.             Baker                  Barber
Barfield               Baxley                 Beasley
Bennett                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, R.              Bruce                  Burriss, M.D.
Burriss, T.M.          Carnell                Clyborne
Cole                   Cooper                 Cork
Corning                Davenport              Derrick
Elliott                Faber                  Fair
Fant                   Farr                   Felder
Ferguson               Gentry                 Glover
Gordon                 Hallman                Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Haskins                Hayes
Hodges                 Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kinon                  Koon                   Lanford
Littlejohn             Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McElveen
McGinnis               McKay                  McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Smith                  Snow                   Stoddard
Taylor                 Townsend               Vaughn
Waites                 Waldrop                Washington
Wells                  Whipper                White
Wilkes                 Wilkins                Williams, D.
Winstead               Wofford                Wright

Total--102

The following named Reps. voted for Mr. Smalley:

Alexander, T.C.        Bailey, J.             Brown, J.
Chamblee               Corbett                Davenport
Kirsh                  Limehouse              Tucker
Wilder

Total--10
RECAPITULATION

Total Number of Senators voting     42
Total Number of Representatives voting     112
Grand Total     154

Necessary to a choice     77

Of which Mr. Butler received     140

Of which Mr. Smalley received     14

Whereupon the President announced that Mr. Butler having received a majority of the votes cast was duly elected for the term prescribed by law.

ELECTION OF A MEMBER FROM THE FOURTH
CONGRESSIONAL DISTRICT

Senator Holland, on behalf of the Joint Screening Committee, nominated Mr. Fred A. Fuller, Jr. of Greenville and Mr. Ben T. Gibson, Jr. of Union.

On motion of Senator Holland nominations were closed.

The Assistant Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Fuller:

Bryan                  Drummond               Fielding
Gilbert                Hayes                  Helmly
Hinds                  Holland                Land
Leatherman             Lee                    Long
Lourie                 Martin                 McConnell
McGill                 McLeod                 Mitchell
Moore                  Mullinax               O'Dell
Passailaigue           Patterson              Peeler
Saleeby                Setzler                Shealy
Smith, H.C.            Smith, J.V.            Smith, N.W.
Stilwell               Williams

Total--32

                       The following named Senators voted for Mr. Gibson:
Courson                Giese                  Hinson
Leventis               Macaulay               Martschink
Pope                   Rose                   Russell
Thomas                 Wilson

Total--11

On motion of Rep. J.W. JOHNSON, with unanimous consent, the Members of the House voted by electric roll call.

The following named Reps. voted for Mr. Fuller:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, K.             Baker                  Barfield
Beasley                Bennett                Blackwell
Brown, H.              Brown, R.              Bruce
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Fair
Fant                   Felder                 Gordon
Harris, P.             Harvin                 Harwell
Haskins                Hendricks              Huff
Jaskwhich              Johnson, J.W.          Kay
Keesley                Kirsh                  Klapman
Koon                   Manly                  Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McKay
Nettles                Rhoad                  Rogers, J.
Rudnick                Sharpe                 Sheheen
Simpson                Smith                  Snow
Stoddard               Taylor                 Tucker
Vaughn                 Waldrop                Washington
Wells                  Whipper                Wilkes
Wilkins                Winstead               Wofford

Total--63

The following named Reps. voted for Mr. Gibson:

Alexander, T.C.        Bailey, J.             Barber
Baxley                 Blanding               Boan
Brown, G.              Brown, J.              Burriss, T.M.
Corbett                Cork                   Corning
Davenport              Derrick                Elliott
Faber                  Farr                   Ferguson
Gentry                 Glover                 Hallman
Harris, J.             Harrison               Hayes
Johnson, J.C.          Keegan                 Kinon
Kohn                   Lanford                Littlejohn
McElveen               McGinnis               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Phillips               Quinn
Rama                   Rogers, T.             Short
Townsend               Waites                 White
Wilder                 Williams, D.           Wright

Total--48
RECAPITULATION

Total Number of Senators voting     43
Total Number of Representatives voting     111
Grand Total     154

Necessary to a choice     77

Of which Mr. Fuller received     95

Of which Mr. Gibson received     59

Whereupon the President announced that Mr. Fuller having received a majority of the votes cast was duly elected for the term prescribed by law.

ELECTION OF A MEMBER FROM THE FIFTH
CONGRESSIONAL DISTRICT

Senator Holland, on behalf of the Joint Screening Committee, nominated Mr. Cecil A. Bowers of Camden and Mr. Lanny Brian Estridge of Kershaw.

Rep. BOAN withdrew Mr. Lanny Brian Estridge as a candidate.

On motion of Senator Holland, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon the President announced that Mr. Bowers was duly elected for the term prescribed by law.

ELECTION OF A MEMBER FROM THE SIXTH
CONGRESSIONAL DISTRICT

Senator Holland, on behalf of the Joint Screening Committee, nominated Mrs. Caroline H. Maass of Pawleys Island and Mr. Terry E. Watkins of North Myrtle Beach.

On motion of Senator Holland nominations were closed.

The Assistant Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mrs. Maass:

Bryan                  Courson                Drummond
Fielding               Giese                  Gilbert
Hayes                  Helmly                 Hinds
Hinson                 Holland                Land
Leatherman             Lee                    Long
Lourie                 Macaulay               Martin
Martschink             McConnell              McGill
McLeod                 Mitchell               Moore
Mullinax               O'Dell                 Passailaigue
Patterson              Peeler                 Pope
Rose                   Russell                Saleeby
Setzler                Shealy                 Smith, H.C.
Smith, J.V.            Williams               Wilson

Total--39

The following named Senators voted for Mr. Watkins:

Stilwell               Thomas

Total--2

On motion of Rep. J.W. JOHNSON, with unanimous consent, the Members of the House voted by electric roll call.

The following named Reps. voted for Mrs. Maass:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Baxley                 Beasley
Bennett                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Bruce
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Davenport              Faber                  Fair
Fant                   Farr                   Felder
Gentry                 Glover                 Gordon
Hallman                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hayes                  Hendricks
Hodges                 Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Kinon
Kirsh                  Kohn                   Koon
Lanford                Littlejohn             Manly
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McGinnis               McKay
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Rama                   Rhoad
Rogers, J.             Rudnick                Sharpe
Sheheen                Short                  Smith
Snow                   Stoddard               Taylor
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams, D.
Winstead               Wofford                Wright

Total--102

The following named Reps. voted for Mr. Watkins:

Total--0
RECAPITULATION

Total Number of Senators voting     41
Total Number of Representatives voting     102
Grand Total     143

Necessary to a choice     71.5

Of which Mrs. Maass received     141

Of which Mr. Watkins received     2

Whereupon the President announced that Mrs. Maass having received a majority of the votes cast was duly elected for the term prescribed by law.

RECORD FOR VOTING

I was not present for the Election of S.C. Public Service Commissioners today, because I was in the middle of a trial in Colleton County Court of Common Pleas.

If I had been present, I would have voted as follows:

1st District - Marjorie Amos-Frazier

2nd District - Henry G. Yonce

3rd District - Guy Butler

4th District - Fred A. Fuller, Jr.

5th District - Cecil A. Bowers

6th District - Caroline H. Maass

At-Large - Rudolph Mitchell
Rep. JACKSON V. GREGORY

JOINT ASSEMBLY RECEDES

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

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 1:15 P.M. the House resumed, the SPEAKER in the Chair.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. P. HARRIS moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.

Rep. J.W. JOHNSON moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4621 -- Reps. Wright, Sharpe, Klapman, Koon, Sturkie and Derrick: A CONCURRENT RESOLUTION CONGRATULATING MR. HODGES LEWIS, ENGLISH TEACHER AT IRMO HIGH SCHOOL, UPON BEING CHOSEN AS LEXINGTON SCHOOL DISTRICT FIVE'S 1990 TEACHER OF THE YEAR.

ADJOURNMENT

At 1:25 P.M. the House in accordance with the motion of Rep. P. HARRIS adjourned to meet at 10:00 A.M. tomorrow.

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