South Carolina General Assembly
106th Session, 1985-1986
Journal of the House of Representatives

THURSDAY, FEBRUARY 20, 1986

Thursday, February 20, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Blessings in abundance come from Your gracious hand, O Lord - unnumbered and undeserved. We thank You for homes to share, kindred to love, friends to cherish, places of service to fill, and for work to do. Make us to know that we are accomplishing much when we bring a smile to the face of a little child, cause serenity in the look of those around us, or share another's burden. Teach us to know that we are winning when we help to end some wrong or enthrone some right.

Inspire us by Your teachings, we pray, that we may teach the way of God in truth. 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 Rep. McABEE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3532 -- Rep. Schwartz: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. MAE BELL LINTON AND EXTENDING SYMPATHY TO HER SON, THOMAS S. LINTON, AND TO THE OTHER MEMBERS OF HER FAMILY.

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

REPORTS OF STANDING COMMITTEES

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

Invitation of Chief Justice and the Justices of the Supreme Court, the Chief Judge and Judges of the Court of Appeals, and the Circuit Judges for a reception, March 4, 1986, 6:00 p.m. to 8:00 p.m., at the Carolina Inn.

The invitation was accepted.

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

Invitation of Friends of Mr. Blatt's for a luncheon, March 4, 1986, upon recess or adjournment, at the Carolina Inn.

The invitation was accepted.

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

Invitation of South Carolina Federation of Business and Professional Womens Clubs for breakfast, March 5, 1986, 8:00 a.m., at the Carolina Inn.

The invitation was accepted.

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

Invitation of The Clemson University Board of Visitors for barbecue, March 5, 1986, 7:00 p.m., at the Defender Industries Lake Club House.

The invitation was accepted.

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

Invitation of Association of Public Library Administrators of South Carolina for a luncheon, March 5, 1986, 12:30 p.m. - 2:30 p.m., at the Carolina Inn.

The invitation was accepted.

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

Invitation of South Carolina Dietetic Association for breakfast, March 6, 1986, 8:00 a.m. - 9:00 a.m., at the Marriott Hotel.

The invitation was accepted.

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

Invitation of S.C. AFL-CIO for Reception, March 11, 1986, 7:30 - 9:30 p.m., Town House.

The invitation was accepted.

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

Invitation of S.C. Electric Cooperative Association for Legislative Appreciation Dinner, March 18, 1986, 6:00 p.m., Carolina Inn.

The invitation was accepted.

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

Invitation of S.C. Medical Association for Reception, March 19, 1986, 6:30-9:00 p.m., Columbia Marriott.

The invitation was accepted.

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

Invitation of S.C. State Ethics Commission for Coffee, March 26, 1986, 9:00-10:00 a.m., NBSC Bldg., Suite 930, 1122 Lady Street.

The invitation was accepted.

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

Invitation of S.C. Association of Realtors for Luncheon reception, March 26, 1986, upon recess, Carolina Inn.

The invitation was accepted.

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

Invitation of S.C. Developmental Disabilities Council for Reception, March 26, 1986, 6:00-8:00 p.m., McKissick Museum, University of South Carolina.

The invitation was accepted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3523 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. ROVENA SCOTT WHITE OF CLARENDON COUNTY WHO PASSED AWAY FEBRUARY 13, 1986.

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

INTRODUCTION OF BILLS

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

H. 3524 -- Reps. Evatt and P. Harris: A BILL TO ESTABLISH THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, TO PROVIDE FOR A GOVERNING BODY THEREFOR TO BE KNOWN AS THE POLICY COUNCIL, TO PROVIDE FOR AN ADVISORY COUNCIL FOR THIS GOVERNING BODY, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE CONTINUUM OF CARE.

Referred to Committee on Ways and Means.

H. 3525 -- Reps. Evatt, Wilkins, Beasley and Toal: A BILL TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING SECTION 23-1-260 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER ARRESTING AN EMPLOYEE OF ANY PUBLIC OR PRIVATE SCHOOL OR CHILD DAY CARE FACILITY FOR CERTAIN CRIMES SHALL NOTIFY SPECIFIED SCHOOL OR FACILITY PERSONNEL OF THIS ARREST, TO AMEND SECTION 23-3-130, AS AMENDED, RELATING TO THE RECEIPT AND DISSEMINATION OF CRIMINAL INFORMATION BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION SO AS TO FURTHER PROVIDE FOR THE DISSEMINATION OF CRIMINAL HISTORY CONVICTION RECORDS TO LOCAL SCHOOL DISTRICTS, PRIVATE SCHOOLS, AND CHILD DAY CARE CENTER FACILITIES UPON THEIR REQUEST, AND TO AMEND CHAPTER 26 OF TITLE 59 RELATING TO TRAINING, CERTIFICATION, AND EVALUATION OF PUBLIC EDUCATORS BY ADDING SECTION 59-26-45 SO AS TO PROVIDE THAT PRIOR TO THE INITIAL EMPLOYMENT OF ANY SCHOOL EMPLOYEE, ALL LOCAL SCHOOL DISTRICTS AND PRIVATE SCHOOLS SHALL REQUEST A CRIMINAL RECORD HISTORY CONCERNING THE EMPLOYEE FROM THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION FOR PAST CONVICTIONS OF CERTAIN CRIMES.

Referred to Committee on Judiciary.

H. 3526 -- Reps. Townsend, Kay, L. Phillips, Chamblee, Tucker, Kirsh, Cooper and Toal: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO MAKE SCHOOL DISTRICT EMPLOYEES INELIGIBLE FOR SERVICE ON THE BOARD.

Referred to Committee on Education and Public Works.

H. 3527 -- Reps. Townsend, Kay, L. Phillips, Chamblee, Tucker, Kirsh, Cooper and Toal: A BILL TO AMEND SECTION 59-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO MAKE SCHOOL DISTRICT EMPLOYEES INELIGIBLE FOR SERVICE ON THE BOARD.

Referred to Committee on Education and Public Works.

H. 3528 -- Reps. Gilbert, Toal, K. Bailey, Foster, Mitchell, Klapman, Washington, Williams, Blackwell, Mattos, Lake, Russell, Ferguson and Brett: A BILL TO AMEND ACT 163 OF 1977, AS AMENDED, RELATING TO THE EDUCATION FINANCE PROGRAM, SO AS TO PROVIDE THAT TEACHER PAY RAISES BE PROVIDED TO TEACHERS WHO MEET THE ADDITIONAL ALTERNATE CRITERIA OF RECEIVING A RATING OF AT LEAST SATISFACTORY OR ITS EQUIVALENT ON A SCHOOL DISTRICT'S OFFICIAL EVALUATION INSTRUMENT.

Referred to Committee on Ways and Means.

H. 3529 -- Rep. Wilkins: A BILL TO AMEND SECTION 59-67-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF SCHOOL BUS DRIVERS SO AS TO PROVIDE THAT SCHOOL BUS DRIVERS MUST BE AT LEAST TWENTY-ONE YEARS OF AGE AND TO ALLOW PRESENT DRIVERS WHO ARE UNDER TWENTY-ONE YEARS OF AGE TO CONTINUE TO SERVE.

Referred to Committee on Education and Public Works.

H. 3530 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1537, SO AS TO ESTABLISH A MANDATORY RETIREMENT AGE OF SIXTY-TWO YEARS FOR MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.

Without reference.

H. 3531 -- Rep. Waldrop: A JOINT RESOLUTION TO ENACT THE "FARM PROPERTY MORTGAGE FORECLOSURE MORATORIUM ACT".

Referred to Committee on Ways and Means.

ROLL CALL

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

Schwartz               Alexander              Altman
Anderson, J.           Arthur, J.             Bailey, G.
Bailey, K.             Barfield               Beasley
Blackwell              Blanding               Boan
Bradley, J.            Brett                  Brown, G.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Elliott                Evatt
Faber                  Fair                   Felder
Foster                 Foxworth               Freeman
Gordon                 Gregory                Harris, P.
Hawkins                Hayes                  Hearn
Helmly                 Hendricks, B.          Hendricks, L.
Holt                   Johnson, J.W.          Kay
Keyserling             Kirsh                  Klapman
Kohn                   Koon                   Lake
Limehouse              Lockemy                Mangum
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McEachin
McKay                  McLellan               McLeod
McTeer                 Mitchell               Moss
Neilson                Nettles                Ogburn
Pearce                 Petty                  Phillips, L.
Phillips, O.           Rawl                   Rhoad
Rice                   Rogers, J.             Rogers, T.
Russell                Sheheen                Shelton
Simpson                Taylor                 Toal
Townsend               Tucker                 Washington
White                  Wilkins                Williams
Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 20, 1986.

Tee Ferguson                      Lenoir Sturkie
Ben Thrailkill                    Frank Gilbert
Phillip T. Bradley                Gene Stoddard
Thomas E. Huff                    Rick Rigdon
D.L. Aydlette, Jr.                Dave C. Waldrop
L. Edward Bennett                 W. Sterling Anderson
William H. Jones                  Charles Sharpe
Tom G. Woodruff, Jr.              Paul Short
James C. Johnson                  T.W. Edwards, Jr.
Charles, L. Griffin III           M. Duke Cleveland
John J. Snow, Jr.                 Warren D. Arthur
Total--116

LEAVES OF ABSENCE

The SPEAKER granted Rep. J. HARRIS a leave of absence for the day due to illness.

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

STATEMENT OF ATTENDANCE

Reps. HARVIN and NETTLES signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, February 19, 1986.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for Ratification.

S. 885 -- Finance Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 1986 ONLY, ALL COUNTIES WITH A POPULATION OF TWENTY-FIVE THOUSAND OR LESS AS DETERMINED BY THE MOST RECENT OFFICIAL UNITED STATES CENSUS, WHICH ARE NOT OTHERWISE DESIGNATED AS A LESS DEVELOPED AREA OF THE STATE PURSUANT TO SECTION 12-7-616 OF THE 1976 CODE FOR PURPOSES OF THE TAX CREDIT FOR NEW JOBS, ARE ALSO CONSIDERED A LESS DEVELOPED AREA FOR PURPOSES OF THIS TAX CREDIT FOR NEW JOBS.

H. 2915--OBJECTIONS

The following Joint Resolution was taken up.

H. 2915 -- Rep. McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO DELETE OBSOLETE LANGUAGE AND LIMIT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY TO FORTY LEGISLATIVE DAYS UNLESS EXTENDED BY A VOTE OF THREE-FOURTHS OF THE MEMBERS ELECTED TO BOTH HOUSES.

Rep. WINSTEAD moved to reconsider the vote whereby the Resolution was given a second reading.

Rep. SHEHEEN moved to table the motion which was agreed to.

Reps. HOLT, WINSTEAD, J. ARTHUR and WASHINGTON objected to the Bill.

SENT TO THE SENATE

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

H. 3159 -- Rep. McEachin: A BILL TO AMEND SECTION 44-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR REGISTERING BIRTH BY WAY OF A DELAYED BIRTH CERTIFICATE, SO AS TO PROVIDE THAT THE FAMILY COURT HAS JURISDICTION OF THESE MATTERS RATHER THAN THE COURT OF COMMON PLEAS.

H. 2718 -- Reps. Brett, Marchant, Evatt, Winstead, Cork, Archibald, Hawkins, Moss, Cleveland, Waldrop, Wilkins, Gentry, Foxworth, Cooper, Petty, R. Brown, McKay, McEachin, L. Martin, Fair, Hayes, T.M. Burriss and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-70, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 19 OF TITLE 2 OF THE 1976 CODE, RELATING TO SCREENING OF CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY APPLY TO ANY PERSON WHO IS APPOINTED BY THE GOVERNOR TO FILL A VACANCY IN THE OFFICE OF CIRCUIT SOLICITOR BEFORE THE CONSENT OF THE SENATE IS GRANTED.

H. 2826 -- Rep. Gulledge: A BILL TO AMEND SECTION 16-23-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS TO THE PROVISIONS OF ARTICLE 3 OF CHAPTER 23 OF TITLE 16 CONCERNING MACHINE GUNS, SAWED-OFF SHOT GUNS, AND RIFLES, SO AS TO EXEMPT DEALERS LICENSED UNDER THE PROVISIONS OF THE FEDERAL GUN CONTROL ACT FROM THE PROVISIONS OF THIS ARTICLE.

H. 3308 -- Rep. Rawl: A BILL TO AMEND SECTION 31-3-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE GOVERNING COMMISSION OF THE SOUTH CAROLINA STATE HOUSING AUTHORITY, SO AS TO INCREASE THE NUMBER OF THE GOVERNOR'S APPOINTEES FROM SIX TO SEVEN, AND TO PROVIDE THAT DESIGNATED REPRESENTATIVES OF EX OFFICIO MEMBERS MAY SERVE AS EX OFFICIO COMMISSIONERS RATHER THAN BE DESIGNATED TO REPRESENT EX OFFICIO MEMBERS.

H. 3500 -- Rep. Cooper: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE PELZER RESCUE SQUAD.

H. 3473--AMENDED AND REFERRED TO
COMMITTEE ON WAYS AND MEANS

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

H. 3473 -- Labor, Commerce and Industry Committee: A BILL TO CREATE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, AND TO PRESCRIBE ITS POWERS, DUTIES, AND FUNCTIONS.

Rep. L. MARTIN continued speaking.

Reps. SHEHEEN and LEWIS proposed the following Amendment No. 1, which was adopted.

Amend by striking Section 5 paragraph 1 and adding new provision:

All staff shall be furnished and funded from existing agencies.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

POINT OF ORDER

Rep. McABEE raised the Point of Order that the Bill appropriates money, and, in accordance with Rule 4.4, must be considered by the Committee on Ways and Means.

The SPEAKER sustained the Point of Order and ordered the Bill referred to the Committee on Ways and Means.

H. 3227--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3227 -- Reps. Sharpe, Helmly, Woods, J. Harris and P. Harris: A BILL TO AMEND SECTION 44-51-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO AUTHORIZE IT TO PROVIDE CARE AND TREATMENT FOR INVOLUNTARY ADMISSIONS OF ALCOHOL AND DRUG ABUSE PATIENTS.

Reps. P. HARRIS and SHARPE proposed the following Amendment No. 1 (Doc. No. 2137R), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. This act shall take effect July 1, 1987./

Renumber sections to conform.

Amend title to conform.

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

H. 3227--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 3227 be read the third time tomorrow.

S. 279--REJECTED

The following BIll was taken up.

S. 279 -- Senator Bryan: A BILL TO AMEND CHAPTER 35, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASEHOLD ESTATES BY ADDING SECTION 27-35-155 SO AS TO PROVIDE THAT WHEN A TENANT HAS BEEN DEEMED TO HAVE ABANDONED THE PREMISES PURSUANT TO LAW, THE LANDLORD MAY REMOVE THE ABANDONED PERSONAL PROPERTY OF THE TENANT WITHIN THE PREMISES, TO PROVIDE THAT A LANDLORD TAKING THIS ACTION MAY NOT BE SUBJECTED TO A SUIT FOR CONVERSION OF THE TENANT'S PROPERTY, AND TO IMPOSE CERTAIN DUTIES ON THE LANDLORD WHEN REMOVING THIS PROPERTY.

The question then recurred to the passage of the Bill on second reading, which was rejected.

H. 3318--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3318 -- Reps. Helmly, Evatt, P. Harris, Cooper, Ferguson, Carnell, Lockemy, Beasley and Wilkins: A BILL TO AMEND CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDRENS CODE, BY ADDING ARTICLE 21 SO AS TO ESTABLISH THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH; TO PROVIDE FOR THE PURPOSES OF THE ARTICLE AND THE COUNCIL; TO PROVIDE FOR COUNCIL MEMBERSHIP, THE CHAIRMAN, TERMS, VACANCIES, AND COMPENSATION; TO PROVIDE FOR THE FUNCTIONS OF THE COUNCIL; AND TO PROVIDE FOR HOUSING, FUNDING, AND STAFFING OF THE COUNCIL.

Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1979R), which was adopted.

Amend the bill, as and if amended, by striking Section 20-7-5430, Section 2, beginning on page 3, and inserting:

"Section 20-7-5430. Members of the council representing state agencies or committees are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions to be paid from funds appropriated for the operation of the respective agency or committee. Members representing private organizations or groups are entitled to the subsistence, per diem, and mileage to be paid from funds appropriated for the operation of the Governor's Office only if the organization or group the member represents does not compensate its representative for service on the council and the member requests compensation from the Governor's Office."

Amend the bill further by striking Section 20-7-5450, Section 2, page 5, and inserting:

"Section 20-7-5450. The council must be housed in the Governor's Office. It must be funded through existing resources within the Governor's Office, and the funding must provide for a project director and administrative support."

Amend title to conform.

Rep. HELMLY explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. STODDARD a leave of absence to attend a Highway Commission Meeting.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that the Bill violated Rule 5.13, as it did not have a Fiscal Impact Statement attached.

The SPEAKER sustained the Point of Order and stated the Bill could not be considered further until the receipt of a Fiscal Impact Statement.

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

H. 3502--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the following Bill until Tuesday, February 25, which was adopted.

H. 3502 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD FISHING WITH GILL NETS IN A PORTION OF THE SANTEE RIVER IN WILLIAMSBURG COUNTY, SO AS TO PROVIDE GILL NETS MAY BE USED ON TUESDAY AND THURSDAY OF ONE WEEK BEGINNING AT 7:00 P.M. UNTIL 6:00 A.M. THE FOLLOWING DAY AND ON WEDNESDAY AND FRIDAY OF THE FOLLOWING WEEK BEGINNING AT 7:00 P.M. UNTIL 6:00 A.M. OF THE FOLLOWING DAY INSTEAD OF THE ENTIRE TWENTY-FOUR HOUR PERIOD OF THE NAMED DAYS.

ORDERED TO THIRD READING

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

H. 3506 -- Rep. Sheheen: A BILL TO REPEAL CHAPTER 29 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF MASSEURS AND MASSEUSES.

H. 3506--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3506 be read the third time tomorrow.

PARLIAMENTARY INQUIRY

Rep. L. MARTIN inquired if, in reference to H. 3473, which was referred to the Committee on Ways and Means, as the Bill had been substantially changed by virtue of the amendment, that would have any effect on the Speaker's ruling.

The SPEAKER stated that in reference to the Point raised, only the original Bill must be considered, not any amended version.

H. 3285--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3285 -- Reps. Keyserling, Sheheen and Huff: A BILL TO AMEND SECTION 13-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE STATE DEVELOPMENT BOARD AS THE AGENCY RESPONSIBLE FOR THE PROMOTION AND DEVELOPMENT OF ATOMIC ENERGY RESOURCES IN THIS STATE, SO AS TO PROVIDE FOR ITS POWERS AND RESPONSIBILITIES IN CARRYING OUT THE PROMOTION AND DEVELOPMENT OF ENERGY RESOURCES RELATED INDUSTRIES.

Rep. WINSTEAD moved to commit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.

Rep. L. MARTIN moved to table the motion which was agreed to by a division vote of 29 to 26.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill.

RECURRENCE TO THE MORNING HOUR

Rep. P. BRADLEY moved that the House recur to the morning hour.

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

The motion to recur to the morning hour was agreed to by a division vote of 49 to 21.

LEAVE OF ABSENCE

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

REPORT OF STANDING COMMITTEE

Rep. EVATT, from the Richland Delegation, submitted a favorable report, with amendments, on:

S. 322 -- Senators Courson, Newman, Giese and Lourie: A BILL TO PROVIDE THAT THE TRUSTEES OF RICHLAND COUNTY SCHOOL DISTRICTS NO. 1 AND NO. 2 MUST BE ELECTED IN NONPARTISAN ELECTIONS.

Rep. TOAL asked unanimous consent to take up S. 322 for immediate consideration.

Rep. T.M. BURRISS objected.

Ordered for consideration tommorrow.

CONCURRENT RESOLUTION

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

H. 3533 -- Reps. Gordon, Gregory, Limehouse, Altman, L. Phillips, Lockemy, Sturkie, Day, Pearce, Holt, Winstead, D. Martin, Davenport, O. Phillips, Stoddard, J. Arthur, Sharpe, Rigdon, Rhoad, Thrailkill, Koon, Kirsh, Alexander, McKay, Rice, Jones, Carnell, Mattos, Blackwell, Klapman, Gentry, Lake, McLeod, Foxworth, Shelton, McEachin, J.W. Johnson, Hawkins, Fair, H. Brown, G. Brown, McLellan, McTeer, J. Rogers, Neilson, McAbee, P. Bradley, Simpson, Wilkins, Derrick and Gilbert: A CONCURRENT RESOLUTION URGING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION, THE UNITED STATES DEPARTMENT OF JUSTICE, THE FEDERAL COMMUNICATIONS COMMISSION, AMERICAN TELEPHONE & TELEGRAPH COMPANY, AND THE NATION'S OTHER TELEPHONE COMPANIES TO TAKE APPROPRIATE AND CONCERTED STEPS TO BRING TO A HALT THE AVAILABILITY OF CERTAIN "900" TELEPHONE NUMBERS WHICH PROVIDE PORNOGRAPHIC MESSAGES.

Whereas, certain telephone numbers with the prefix of "900" exist whereby a person is able, for a fee or a charge, to dial the number and listen to a recording containing a pornographic message; and

Whereas, children of varying ages, including elementary school-age youngsters, are dialing these numbers, thereby running up very exhorbitant telephone bills for their parents in many instances; and

Whereas, as if the huge phone bills were not bad enough, our nation's children, who are our hope for the future, are receiving the pornographic messages on the recordings, thereby leading to incalculable harm and damage for themselves individually and for society as a whole; and

Whereas, the evidence seems to point to the fact that persons in the pornography business (those who own and run the porno shops and promote pornography and indecency as a business) are disseminating the particular "900" telephone numbers to school children at the elementary, junior high, and high school levels on the very school campuses; and

Whereas, this problem is shocking in the extreme, appears to be nationwide in scope, and spells disaster in countless ways if it is not stopped; and

Whereas, an effective combination, at the national level, of legislative, prosecutorial, investigative, and enforcement action appears to be of the utmost importance and necessity in doing away with these telephone numbers and in negativing all other activities stemming from the availability of these numbers. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, urges the members of the South Carolina congressional delegation, the United States Department of Justice, the Federal Communications Commission, American Telephone & Telegraph Company, and the nation's other telephone companies to take appropriate and concerted steps to bring to a halt the availability of certain "900" telephone numbers which provide pornographic messages.

Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina congressional delegation, to the Attorney General of the United States, to the chairman of the Federal Communications Commission, to the board of directors of AT&T, and to Southern Bell.

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

INTRODUCTION OF BILLS

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

H. 3534 -- Rep. Fair: A BILL TO REPEAL REGULATION 43-90.1 OF THE STATE BOARD OF EDUCATION RELATING TO STANDARDS FOR EVALUATING TEACHER TRAINING PROGRAMS IN SOUTH CAROLINA COLLEGES AND UNIVERSITIES.

Referred to Committee on Education and Public Works.

H. 3535 -- Rep. Lockemy: A BILL TO AMEND ARTICLE 7, CHAPTER 17, OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR JUDICIAL COMMITMENT, BY ADDING SECTION 44-17-660 SO AS TO PROVIDE THAT MONIES APPROPRIATED TO IMPLEMENT THE PROVISIONS OF ARTICLE 7, CHAPTER 17, OF TITLE 44 MAY BE PAID TO A STATE EMPLOYEE IF THE EMPLOYEE IS NOT PERFORMING HIS OFFICIAL DUTIES AS A STATE EMPLOYEE.

Rep. LOCKEMY asked unanimous consent to have the Bill placed on the calendar without reference. Rep. OGBURN objected.

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

H. 3536 -- Reps. Toal and Evatt: A BILL TO AMEND SECTION 40-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR PHARMACISTS AND ASSISTANT PHARMACISTS AND TO AMEND SECTION 40-43-420, AS AMENDED, RELATING TO PHARMACY PERMITS SO AS TO INCREASE THE ANNUAL RENEWAL FEES THEREFOR.

Referred to Committee on Ways and Means.

H. 3537 -- Reps. Felder and Lloyd Hendricks: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 1987, TELEPHONE CARRIER ACCESS CHARGES AND CUSTOMER ACCESS LINE CHARGES ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION OR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION ARE ALSO EXEMPT FROM THE SALES TAX.

Referred to Committee on Ways and Means.

H. 3285--AMENDED AND ORDERED TO THIRD READING

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

H. 3285 -- Reps. Keyserling, Sheheen and Huff: A BILL TO AMEND SECTION 13-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE STATE DEVELOPMENT BOARD AS THE AGENCY RESPONSIBLE FOR THE PROMOTION AND DEVELOPMENT OF ATOMIC ENERGY RESOURCES IN THIS STATE, SO AS TO PROVIDE FOR ITS POWERS AND RESPONSIBILITIES IN CARRYING OUT THE PROMOTION AND DEVELOPMENT OF ENERGY RESOURCES RELATED INDUSTRIES.

Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 5682k), which was adopted.

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

SECTION 1. Section 13-7-20 of the 1976 Code is repealed.

SECTION 2. This act shall take effect upon approval of the governor.

Rep. L. MARTIN explained the amendment.

The amendment was then adopted.

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

H. 3285--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that H. 3285 be read the third time tomorrow.

ORDERED TO THIRD READING

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

H. 2446 -- Reps. Foxworth, Winstead, Davenport, D. Martin and Kohn: A BILL TO PERMIT SELF-SERVICE GAS FILLING STATIONS TO BE EQUIPPED WITH AN APPROVED AUTOMATIC-CLOSING TYPE PUMP OR DISPENSER NOZZLE WITH A HOLD-OPEN LATCH.

S. 1009 -- Senators Waddell, J. Verne Smith and Horace C. Smith: A JOINT RESOLUTION TO PROVIDE FOR A THREE-HUNDRED-DOLLAR LIMIT ON SALES AND USE TAXES ON THE GROSS PROCEEDS OF THE SALE OF EACH ITEM OF MACHINERY FOR RESEARCH AND DEVELOPMENT DURING THE PERIOD BEGINNING JULY 1, 1986, AND ENDING JUNE 30, 1991, AND PROVIDE DEFINITIONS RELATING TO THE LIMITATION AND TO EXEMPT FROM COUNTY AD VALOREM TAXES FOR FIVE YEARS FACILITIES OF NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT LOCATED IN THIS STATE DURING THE PERIOD BEGINNING JULY 1, 1986, AND ENDING JUNE 30, 1991, AND TO PROVIDE DEFINITIONS RELATING TO THE EXEMPTION.

H. 3153 -- Reps. J. Harris, P. Harris, Helmly, Woods and Sharpe: A BILL TO AMEND SECTION 44-51-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMENCEMENT OF JUDICIAL HOSPITALIZATION PROCEEDINGS FOR DRUG ADDICTS, SO AS TO PROVIDE FOR NONEMERGENCY HOSPITALIZATION PROCEEDINGS AND TO REDUCE FROM TWO TO ONE THE NUMBER OF PHYSICIANS THAT MUST EXAMINE AND CERTIFY THAT AN INDIVIDUAL IS AN ADDICT AND TO PROVIDE HIM COUNSEL IF ONE IS NOT RETAINED.

H. 2446--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. FOXWORTH, with unanimous consent, it was ordered that H. 2446 be read the third time tomorrow.

S. 1009--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. LEWIS, with unanimous consent, it was ordered that S. 1009 be read the third time tomorrow.

H. 3153--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 3153 be read the third time tomorrow.

H. 2355--OBJECTIONS

The following Bill was taken up.

H. 2355 -- Rep. Harvin: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO PROSCRIBE THE FAILURE TO PROVIDE HUMANE CARE AND TREATMENT AND VETERINARY CARE AND TO INCREASE THE PENALTIES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 2095R).

Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION     1.     Section 47-1-40 of the 1976 Code is amended to read:

"Section 47-1-40.     Whoever overloads, overdrives, overworks, tortures, torments, needlessly mutilates, cruelly kills, ill-treats, deprives of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any animal, or causes the same these things to be done, whether such person be the owner of such animal or have the charge or custody of it, shall is, for every such offense, be guilty of a misdemeanor and, upon conviction, must be punished by imprisonment in jail not exceeding thirty days six months or by a fine of not exceeding less than one hundred dollars nor more than five hundred dollars, or both.

If the person is the owner of the animal or has charge or custody of the animal, he is guilty of a misdemeanor punishable upon conviction by a fine of not less than one hundred dollars for a first offense, is guilty of a misdemeanor punishable upon conviction by a fine of not less than three hundred dollars for a second offense, and guilty of a misdemeanor punishable upon conviction by a fine of not less five hundred dollars or by imprisonment for not exceeding six months for a third or subsequent offense.

Whenever an indictment is returned charging a violation of any of the provisions of this section, the court shall order the animal involved seized and held until final disposition of the charges and shall provide for appropriate humane care or disposition of the animal. Upon conviction, plea of guilty or plea of nolo contendere, any animal involved, whose life has not been terminated, becomes the property of the State and the court shall order appropriate humane disposition or care of the animal."/

Amend title to conform.

Rep. WINSTEAD explained the amendment.

Rep. WINSTEAD asked unanimous consent to amend the amendment in the last paragraph, second line, by striking the word "shall" and inserting the word "may", which was agreed to.

Reps. SIMPSON and B.L. HENDRICKS objected to the Bill.

Rep. WINSTEAD continued speaking.

Rep. J. ARTHUR objected to the Bill.

H. 3513--POINT OF ORDER

The following Bill was taken up.

H. 3513 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "COMMISSION" UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO CHANGE THE NAME OF THE COMMISSION FROM THE SOUTH CAROLINA INDUSTRIAL COMMISSION TO THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-3-10, RELATING TO THE CREATION AND THE DEPARTMENTS OF THE INDUSTRIAL COMMISSION, SO AS TO REFER THEREIN TO THE WORKERS' COMPENSATION COMMISSION IN ACCORDANCE WITH THE NAME CHANGE; TO PROVIDE THAT ANY OTHER REFERENCE IN THE 1976 CODE OR OTHER STATUTES TO THE "SOUTH CAROLINA INDUSTRIAL COMMISSION" OR "INDUSTRIAL COMMISSION" IS CHANGED TO THE "SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION"; AND TO PROVIDE THAT STATE AGENCIES AND DEPARTMENTS AND POLITICAL SUBDIVISIONS OF THE STATE SHALL EXHAUST THE USE OF ALL CURRENT FORMS, STATIONERY, AND OTHER PRINTED MATERIAL BEFORE USING, PRINTING, OR PREPARING ANY NEW FORMS, STATIONERY, OR PRINTED MATERIAL REFLECTING THE CHANGE MADE IN THIS ACT.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3514--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3514 -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE FISCAL YEAR 1986-87 ONLY MORE THAN TWENTY-FIVE PERCENT OF A COUNTY'S "C" FUNDS MAY BE USED FOR ROCKING OR IMPROVING COUNTY ROADS AND STREET AND TRAFFIC SIGNS.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3245--OBJECTIONS WITHDRAWN AND DEBATE ADJOURNED

Upon the withdrawal of objections by Reps. FOXWORTH, P. BRADLEY and KLAPMAN the following Bill was taken up.

H. 3245 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 19 SO AS TO CREATE THE CHILDREN'S CASE RESOLUTION SYSTEM, TO DEFINE THE PURPOSES AND FUNCTIONS OF THE SYSTEM, AND TO OUTLINE THE REQUIREMENTS OF DECISIONS BY THE SYSTEM.

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

H. 3513--ORDERED TO THIRD READING

Rep. J. ROGERS asked unanimous consent to withdraw the 24 Hour Point of Order on the following Bill, which was agreed to.

H. 3513 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "COMMISSION" UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO CHANGE THE NAME OF THE COMMISSION FROM THE SOUTH CAROLINA INDUSTRIAL COMMISSION TO THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-3-10, RELATING TO THE CREATION AND THE DEPARTMENTS OF THE INDUSTRIAL COMMISSION, SO AS TO REFER THEREIN TO THE WORKERS' COMPENSATION COMMISSION IN ACCORDANCE WITH THE NAME CHANGE; TO PROVIDE THAT ANY OTHER REFERENCE IN THE 1976 CODE OR OTHER STATUTES TO THE "SOUTH CAROLINA INDUSTRIAL COMMISSION" OR "INDUSTRIAL COMMISSION" IS CHANGED TO THE "SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION"; AND TO PROVIDE THAT STATE AGENCIES AND DEPARTMENTS AND POLITICAL SUBDIVISIONS OF THE STATE SHALL EXHAUST THE USE OF ALL CURRENT FORMS, STATIONERY, AND OTHER PRINTED MATERIAL BEFORE USING, PRINTING, OR PREPARING ANY NEW FORMS, STATIONERY, OR PRINTED MATERIAL REFLECTING THE CHANGE MADE IN THIS ACT.

Rep. HEARN explained the Bill.

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

H. 3513--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. HEARN, with unanimous consent, it was ordered that H. 3513 be read the third time tomorrow.

H. 2420--OBJECTION

Rep. M.D. BURRISS, with unanimous consent, objected to the following Bill.

H. 2420 -- Reps. Nettles, Washington, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, Archibald, J. Arthur, Beasley, Blackwell, Boan, G. Brown, R. Brown, Carnell, Chamblee, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Fair, Felder, Ferguson, Freeman, Gentry, Gregory, Griffin, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, Holt, Huff, Hughston, Johnson, Keyserling, Kirsh, Koon, Lockemy, Mangum, McAbee, McBride, McEachin, McKay, McLeod, Mitchell, Moss, Ogburn, Patterson, Pearce, Petty, Rawl, Rhoad, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Simpson, Snow, Taylor, Thrailkill, Toal, Tucker, Waldrop, Wilkins, Williams, Woodruff and Woods: A BILL TO MAKE IT UNLAWFUL TO HAZE ANY STUDENT AT ANY SCHOOL, COLLEGE, OR UNIVERSITY; TO PROVIDE FOR THE RIGHT TO INSTITUTE A CIVIL SUIT; AND TO PROVIDE FOR THE EXPULSION OF THE GUILTY STUDENT.

H. 2041--SENATE AMENDMENTS AMENDED

The Senate amendments to the following Bill were taken up for consideration.

H. 2041 -- Reps. Keyserling, P. Harris, Waldrop, Blackwell, Snow, Altman, Sheheen, Klapman, Moffatt Burriss, Lloyd Hendricks, Kirsh, Huff, Hughston, J. Anderson, T. Rogers, Blanding, Jones, Pearce, Simpson, Lewis, Freeman, Short and Moss: A BILL TO AUTHORIZE AN ADULT TO MAKE A WRITTEN DIRECTIVE INSTRUCTING HIS PHYSICIAN TO WITHHOLD OR WITHDRAW LIFE-SUSTAINING PROCEDURES IN THE EVENT OF A TERMINAL CONDITION.

Rep. RIGDON moved to adjourn debate upon the Bill.

Rep. SHEHEEN moved to table the motion which was agreed to.

AMENDMENT NO. 1A--ADOPTED

Debate was resumed on Amendment No. 1A, which was introduced on Wednesday, February 19, by Reps. SHEHEEN, KEYSERLING and P. HARRIS.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

Reps. KEYSERLING, SHEHEEN and P. HARRIS proposed the following Amendment No. 1B (Doc. No. 1552R), which was adopted.

Amend the bill, as and if amended, by striking subsection (A) of SECTION 13 and inserting:

/(A)     If any person knowingly provides or aids another in providing any false information of any nature in any manner relative to a declaration of a desire for a natural death under this act, including, but not limited to, the contents of the declaration or the execution or the revocation of the declaration, and life-sustaining procedures are withheld or withdrawn from the declarant and the declarant then dies as a result of that withdrawal or nontreatment, the person is guilty of murder and must be punished in accordance with the laws of this State./

Amend further by striking SECTION 14 and inserting:

/SECTION 14. Any person who coerces or fraudulently induces another person to execute a declaration under this act and the declarant dies as a result of the withdrawal of treatment or nontreatment in reliance on the declaration, that person is guilty of murder and must be punished in accordance with the laws of this State./

Amend title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 2287--INTERRUPTED DEBATE

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

H. 2287 -- Reps. Toal, J. Rogers, Hughston, J.W. Johnson, Klapman, Archibald, Sheheen, Kirsh, Wilkins, Taylor, McBride, Mangum, Woodruff, Faber, Schwartz, Keyserling, Pearce, Freeman, McLellan, Cleveland, Shelton, Harvin, P. Harris, Hayes, S. Anderson, Foxworth, B.L. Hendricks, Lloyd Hendricks, White, Gulledge, Russell, and Limehouse: A BILL TO AMEND SECTION 5-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF A PETITION SIGNED BY A MAJORITY OF FREEHOLDERS IN AN AREA DESIRING TO BE ANNEXED TO A MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT AN ELECTION BE HELD WITHIN THE ANNEXING MUNICIPALITY; SECTION 5-3-60, RELATING TO NOTICE OF THE ANNEXATION ELECTION HELD UNDER THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE BE POSTED IN THREE CONSPICUOUS PLACES WITHIN THE ANNEXING MUNICIPALITY; AND SECTIONS 5-3-70 AND 5-3-80, RELATING TO THE CONDUCT AND RESULTS OF THE ELECTION INITIATED PURSUANT TO THE PROVISIONS OF SECTION 5-3-20 (ELECTION INITIATED BY FIFTY PERCENT PETITION OF FREEHOLDERS), SO AS TO DELETE REFERENCES TO THE ELECTION BEING CONDUCTED AND VOTES BEING COUNTED WITHIN THE ANNEXING MUNICIPALITY.

Rep. J. BRADLEY moved to continue the Bill, which was not agreed to by a division vote of 26 to 44.

Rep. P. BRADLEY continued speaking.

Rep. J. BRADLEY moved that the House do now adjourn.

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

The House refused to adjourn by a division vote of 36 to 42.

Rep. J. BRADLEY moved that the House recede until 2:00 and demanded the yeas and nays, which were taken resulting as follows:

Yeas 13; Nays 69

Those who voted in the affirmative are:

Aydlette               Blackwell              Bradley, J.
Bradley, P.            Burriss, M.D.          Davenport
Foxworth               Hearn                  Mattos
Rigdon                 Rogers, J.             Washington
Winstead

Total--13

Those who voted in the negative are:

Schwartz               Anderson, J.           Arthur, J.
Arthur, W.             Bailey, K.             Barfield
Boan                   Carnell                Chamblee
Cooper                 Cork                   Dangerfield
Day                    Derrick                Edwards
Evatt                  Faber                  Fair
Felder                 Ferguson               Foster
Freeman                Gentry                 Gilbert
Gregory                Griffin                Harris, P.
Hawkins                Hayes                  Hendricks, B.
Hendricks, L.          Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Koon
Lake                   Limehouse              Lockemy
Mangum                 Martin, D.             Martin, L.
McAbee                 McBride                McEachin
McKay                  McTeer                 Mitchell
Neilson                Nettles                Petty
Phillips, L.           Rice                   Russell
Sheheen                Shelton                Sturkie
Taylor                 Thrailkill             Toal
Tucker                 Waldrop                White
Wilkins                Williams               Woodruff

Total--69

So the House refused to recede until 2:00.

Rep. P. BRADLEY continued speaking.

Rep. DAVENPORT moved to recommit the Bill to the Committee on Judiciary.

POINT OF ORDER

Rep. L. MARTIN raised the Point of Order that the motion to recommit was out of order as immediate cloture had been invoked.

The SPEAKER ruled Rep. DAVENPORT's motion to recommit the Bill out of order as it may not interrupt debate, and stated he would research the question of recommitting a Bill while under immediate cloture and render a ruling later.

Rep. J. BRADLEY moved that the House do now adjourn.

POINT OF ORDER

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

Rep. P. BRADLEY continued speaking.

Rep. P. BRADLEY moved that the House do now adjourn.

POINT OF ORDER

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

Reps. BLACKWELL and AYDLETTE spoke against the Bill.

LEAVE OF ABSENCE

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

Rep. AYDLETTE continued speaking.

Rep. RIGDON moved that the House do now adjourn.

POINT OF ORDER

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

Yeas 52; Nays 38

Those who voted in the affirmative are:

Alexander              Anderson, J.           Arthur, W.
Aydlette               Barfield               Bennett
Blackwell              Boan                   Bradley, J.
Bradley, P.            Brown, H.              Brown, R.
Burriss, M.D.          Carnell                Cleveland
Cork                   Davenport              Day
Fair                   Foxworth               Gentry
Gregory                Harris, P.             Harvin
Hawkins                Hearn                  Hendricks, B.
Hendricks, L.          Huff                   Jones
Kay                    Koon                   Lake
Mangum                 Martin, D.             Mattos
McAbee                 McEachin               McKay
Nettles                Phillips, O.           Rhoad
Rice                   Rigdon                 Russell
Sharpe                 Simpson                Snow
Thrailkill             Waldrop                Washington
Woodruff

Total--52

Those who voted in the negative are:

Schwartz               Bailey, K.             Beasley
Burriss, T.M.          Dangerfield            Derrick
Elliott                Faber                  Felder
Ferguson               Foster                 Freeman
Gilbert                Hayes                  Johnson, J.C.
Johnson, J.W.          Keyserling             Kirsh
Klapman                Lockemy                Martin, L.
McBride                McTeer                 Mitchell
Moss                   Neilson                Ogburn
Pearce                 Rogers, J.             Rogers, T.
Sheheen                Shelton                Sturkie
Taylor                 Toal                   Tucker
White                  Wilkins

Total--38

So the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. AYDLETTE having the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3523 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. ROVENA SCOTT WHITE OF CLARENDON COUNTY WHO PASSED AWAY FEBRUARY 13, 1986.

H. 3532 -- Rep. Schwartz: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. MAE BELL LINTON AND EXTENDING SYMPATHY TO HER SON, THOMAS S. LINTON, AND TO THE OTHER MEMBERS OF HER FAMILY.

ADJOURNMENT

At 11:45 A.M. the House in accordance with the motion of Rep. RIGDON adjourned to meet at 10:00 A.M. tomorrow.

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