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

WEDNESDAY, FEBRUARY 26, 1986

Wednesday, February 26, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

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

Our Father God, in this hushed and hallowed moment we pause to proclaim our thankfulness for Your goodnesses and to acknowledge our dependence upon You. Solemnize us with the consciousness that beyond the appraisal of our fellowmen, regarding what we say and do here and everywhere, there falls upon our record the searching light of Your judgment. May the thoughts of our minds, the compassion of our hearts, the words of our mouths, and the deliberations and decisions we make - all be in accord with Your gracious will and way.

Thank You, Lord, for the privilege of prayer. Amen.

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

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

RULES AND REGULATIONS RECEIVED

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 25, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 582)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 24, 1986 regulations concerning Optometrists from the South Carolina Board of Examiners in Optometry.

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

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 25, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 703)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on February 25, 1986 regulations concerning Accountancy from the South Carolina Board of Accountancy.

They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

STATEMENT BY REP. LLOYD HENDRICKS

On motion of Rep. S. ANDERSON, Rep. LLOYD HENRICKS' remarks were ordered printed in the Journal as follows:

Mr. Speaker, Ladies and Gentlemen, I want to thank you for pausing in your deliberations today to allow me the honor of speaking to you for just a few minutes.

What I have to say today is difficult because of the deep feelings I have for this legislative body. I am announcing that I will not be a candidate for the House of Representatives from District 79 in Richland County in 1986.

My decision is not based on any disinterest in public service or community affairs because certainly some of the richest and most rewarding moments in my life have been spent in serving my constituents and working in this institution.

I look upon this decision not with sadness but with gratitude. What is important is what I have tried to do as a legislator, and by this decision, I do not give up public service forever.

I am very grateful to my family and my employer for the inspiration and encouragement they have given me, and I am very grateful to the people in my House District who elected me in 1976 and who gave me their confidence and my greatest challenge. I have tried to bring their common sense to this State House and return good government to them in exchange.

I want to thank all of the public officials with whom I have served over the past years, and to each of you, I extend heartfelt thanks for your friendship and support. I will always treasure the experiences I have shared with you.

Thank you.

STATEMENTS BY REPS. MANGUM, TOAL AND KLAPMAN

Reps. MANGUM, TOAL and KLAPMAN made statements relative to Rep. LLOYD HENDRICKS.

REPORT OF STANDING COMMITTEE

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

H. 3487 -- Reps. Faber, Taylor, Harvin, K. Bailey, Felder, McBride and Snow: A HOUSE RESOLUTION CALLING UPON THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, CLEMSON UNIVERSITY AND THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUBMIT TO THE HOUSE OF REPRESENTATIVES A REPORT DETAILING AND ANALYZING ALL EFFORTS AND ACTIVITIES BEING EMPLOYED TO ERADICATE FIRE ANTS IN THIS STATE AND ALLEVIATE THE PROBLEMS CAUSED BY FIRE ANTS.

H. 3487--AMENDED AND ADOPTED

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

H. 3487 -- Reps. Faber, Taylor, Harvin, K. Bailey, Felder, McBride and Snow: A HOUSE RESOLUTION CALLING UPON THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, CLEMSON UNIVERSITY AND THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUBMIT TO THE HOUSE OF REPRESENTATIVES A REPORT DETAILING AND ANALYZING ALL EFFORTS AND ACTIVITIES BEING EMPLOYED TO ERADICATE FIRE ANTS IN THIS STATE AND ALLEVIATE THE PROBLEMS CAUSED BY FIRE ANTS.

Whereas, the problems posed by fire ants to farmers and other members of the populace in South Carolina have increased and risen to alarming and wholly unacceptable levels; and

Whereas, efforts and activities aimed at successful biological eradication of fire ants - interrupting and precluding the life cycle of the insects - would appear to be vastly more desirable than chemical programs which do not seem to be very successful and which run the risk of polluting the environment and harming livestock, other animals, and people; and

Whereas, it would be beneficial to the House of Representatives to have in hand a written report analyzing the efforts and activities of the South Carolina Department of Agriculture, the Department of Health and Environmental Control, Clemson University, the Department of Highways and Public Transportation and every other group or agency in the State to eradicate fire ants once and for all in South Carolina and to alleviate the problems they have caused. Now, therefore,

Be it resolved by the House of Representatives of the General Assembly of the State of South Carolina:
That the House of Representatives, by this resolution, calls upon the South Carolina Department of Agriculture, the Department of Health and Environmental Control, and Clemson University and the Department of Highways and Public Transportation to submit to the House by March 25, 1986, a written report detailing and analyzing all efforts and activities being employed to eradicate fire ants in this State and to alleviate the problems, harm, and destruction caused by fire ants.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Commissioner of Agriculture and to the Department of Health and Environmental Control and Clemson University.

Rep. J. ROGERS asked unanimous consent to amend the Resolution at the desk, which was agreed to.

The Resolution, as amended, was adopted.

REPORT OF STANDING COMMITTEE

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

S. 978 -- Medical Affairs Committee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE MEMBERS OF THE UNITED STATES SENATE AND THE MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES FROM SOUTH CAROLINA TO URGE THE VETERANS ADMINISTRATION IN WASHINGTON AND SOUTH CAROLINA TO IMPLEMENT THE MANDATE PRESCRIBED BY FEDERAL LEGISLATION ESTABLISHING THE AGENT ORANGE EXAMINATION PROGRAM.

S. 978--ADOPTED

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

S. 978 -- Medical Affairs Committee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE MEMBERS OF THE UNITED STATES SENATE AND THE MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES FROM SOUTH CAROLINA TO URGE THE VETERANS ADMINISTRATION IN WASHINGTON AND SOUTH CAROLINA TO IMPLEMENT THE MANDATE PRESCRIBED BY FEDERAL LEGISLATION ESTABLISHING THE AGENT ORANGE EXAMINATION PROGRAM.

Whereas, approximately eleven and two-tenths million gallons of the herbicide Agent Orange, which contains the toxic substance known as dioxin, was used by the United States Government in Vietnam between 1965 and February, 1971, to defoliate the jungle and destroy crops; and

Whereas, a large number of Vietnam era veterans were exposed to dioxin and other toxic substances found in certain defoliants, herbicides, pesticides, and similar chemical substances while serving in the armed forces of the United States; and

Whereas, of the approximately one hundred seventeen thousand Vietnam veterans in South Carolina, approximately forty-five thousand may have been exposed to Agent Orange or other toxic substances; and

Whereas, in response to Vietnam veterans' concern over the potential adverse health effects of exposure to Agent Orange, the United States Government established a program wherein the Veterans Administration was mandated to offer free Agent Orange screenings to any Vietnam veteran who requested it and to maintain a central data registry of those veterans; and

Whereas, a 1982 Government Accounting Office report on the Veterans Administration's Agent Orange Screening Program generally confirmed that the examinations provided by the Veterans Administration were not thoroughly conducted, that the Veterans Administration provided veterans with little or no information on Agent Orange or their health, and that Veterans Administration personnel were not well informed about the examination program; and

Whereas, it is essential to provide in South Carolina timely and thorough examinations to the Vietnam veterans requesting Agent Orange screening and to provide information to Vietnam veterans about Agent Orange and its possible adverse health effects. Now, therefore,

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

That the members of the United States Senate and the members of the United States House of Representatives be memorialized to urge the Veterans Administration in Washington and South Carolina to implement the mandate prescribed by federal legislation establishing the Agent Orange examination program.

Be it further resolved that a copy of this resolution be forwarded to members of the United States Senate and United States House of Representatives from South Carolina.

The Concurrent Resolution was adopted and ordered returned to the Senate.

REPORT OF STANDING COMMITTEE

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

S. 462 -- Senators Land and Theodore: A BILL TO AMEND SECTIONS 40-57-100, 40-57-110, 40-57-150, 40-57-170, AND 40-57-180, ALL AS AMENDED, AND 40-57-10, 40-57-30, 40-57-40, 40-57-90, 40-57-120, 40-57-160, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, PROPERTY MANAGERS, EXAMINATIONS, LICENSING, AND COMMISSION RULINGS AND DECISIONS, SO AS TO PROVIDE ADDITIONAL PREREQUISITES FOR THE EXAMINATION AND LICENSING OF PROPERTY MANAGERS, TO AUTHORIZE THE COMMISSION TO ESTABLISH AN APPLICATION FEE, TO CLARIFY PROVISIONS RELATING TO REAL ESTATE AUCTIONEERS; TO AUTHORIZE THE COMMISSION TO ASSESS FINES FOR MISREPRESENTATIONS AND OTHER INFRACTIONS AND TO ISSUE SUBPOENA AND CEASE AND DESIST ORDERS, TO DEFINE BROKER TO INCLUDE A PERSON WHO NEGOTIATES OR SOLICITS REFERRALS AND DEFINE BROKER-IN-CHARGE, PROPERTY MANAGER, AND PROPERTY MANAGER-IN-CHARGE, TO PROVIDE THAT THE PROVISIONS OF THE CHAPTER DO NOT APPLY TO TRANSACTIONS INVOLVING RENTAL OR LEASING OF REAL ESTATE BY THE OWNER, TO REQUIRE THAT ALL PERSONS LICENSED BY THE COMMISSION SUBMIT A CREDIT REPORT, TO PROVIDE THAT PROPERTY MANAGER IS AN ADDITIONAL LICENSE CLASSIFICATION AND THAT NO PERSON BE LICENSED IN MORE THAN ONE CLASSIFICATION, TO PROHIBIT INDUCEMENTS BY LICENSEES IN THE SALE OF REAL ESTATE, TO PROVIDE NOTICE TO THE COMMISSION OF CIVIL OR CRIMINAL ACTIONS AND JUDGMENTS, TO INCREASE THE PENALTY FOR FAILURE TO RENEW A LICENSE TO DEAL IN REAL ESTATE TRANSACTIONS FROM AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS AND INCREASE THE MAXIMUM PRISON TERM FROM THIRTY DAYS TO SIX MONTHS, AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-250 SO AS TO PROVIDE FOR AN ADMINISTRATIVE FINE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3545 -- Reps. Schwartz, G. Brown, Griffin, Harvin and Blanding: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REQUIRE THE ONE HUNDRED MILLION DOLLAR CORPORATE GUARANTEE RECOMMENDED BY ITS BUREAU OF SOLID AND HAZARDOUS WASTE MANAGEMENT INSTEAD OF JUST LIABILITY INSURANCE IN REGARD TO ITS APPROVAL OF THE INTERIM STATUS TRANSFER/CHANGE IN OWNERSHIP OF THE PINEWOOD HAZARDOUS WASTE FACILITY IN SUMTER COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3546 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE JOSEPH CANTEY ELLIOTT OF CLARENDON COUNTY, HISTORIAN, EDUCATOR, AND AUTHOR, ON THE PUBLICATION OF HIS BOOK, LEE'S NOBLE SOLDIER, RICHARD HERON ANDERSON, AND TO COMMEND HIM FOR THE EXCEPTIONAL SERVICE HE HAS RENDERED TO THE CITIZENS OF THIS STATE AND THE NATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1051 -- Senators Wilson, Courson, Giese, Lourie, K. Patterson and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE ROBERT V. ROYALL, JR., OF RICHLAND COUNTY, UPON BEING NAMED 1986 AMBASSADOR OF THE YEAR BY THE GREATER COLUMBIA CHAMBER OF COMMERCE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1052 -- Senators Wilson, Shealy, Giese, Courson, Lourie, K. Patterson and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE B. B. COLE, JR., UPON HIS RETIREMENT AS SENIOR DIRECTOR OF THE ECONOMIC DEVELOPMENT DIVISION OF THE GREATER COLUMBIA CHAMBER OF COMMERCE AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

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

INTRODUCTION OF BILLS

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

H. 3547 -- Reps. Pearce, Altman, Thrailkill, Elliott and Barfield: A BILL TO AMEND SECTION 50-17-1650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF TRAWL NETS IN CERTAIN WATERS ADJACENT TO GAME ZONE NOS. 7 AND NO. 9, SO AS TO, AMONG OTHER THINGS, EXTEND THE TIME DURING WHICH TRAWL NETS MAY BE USED IN ANY WATERS OF THE ATLANTIC OCEAN ADJACENT TO GEORGETOWN COUNTY, AND PROVIDE PENALTIES, INCLUDING PROVISIONS FOR SEIZURE, SALE, AND REDEMPTION; AND TO REPEAL SECTIONS 50-17-1680, RELATING TO THE PROVISIONS THAT ONLY A DULY LICENSED PERSON MAY SELL OR DISPOSE OF SHRIMP CAUGHT IN WATERS OFF GAME ZONE NOS. 7 AND NO. 9, AND 50-17-1700, RELATING TO PENALTIES FOR VIOLATING SPECIAL PROVISIONS PERTAINING TO GAME ZONE NOS. 7 AND 9.

Referred to Committee on Agriculture and Natural Resources.

H. 3548 -- Rep. Schwartz: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-95 SO AS TO REQUIRE THE ASSESSOR TO NOTIFY PROPERTY OWNERS AND MORTGAGEES WITHIN THIRTY DAYS OF A CHANGE IN A TAX MAP NUMBER, TO PROHIBIT ASSESSING A LATE PAYMENT PENALTY WHEN TIMELY NOTICE IS NOT GIVEN, AND TO REQUIRE THE PROMPT REFUND OF ERRONEOUSLY PAID TAXES DUE TO A CHANGE IN A TAX MAP NUMBER.

Referred to the Committee on Judiciary.

H. 3549 -- Reps. Schwartz, G. Brown, Griffin and Harvin: A BILL TO AMEND ARTICLE 1, CHAPTER 56 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING SECTION 44-56-65 SO AS TO PROVIDE THAT ANY PERSON ISSUED A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO OPERATE A HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL SITE OR FACILITY SHALL HAVE POST-CLOSURE RESPONSIBILITY FOR THE SITE OR FACILITY FOR A PERIOD OF ONE HUNDRED YEARS AFTER THE COMPLETION DATE OF CLOSURE IN THE MANNER THE DEPARTMENT BY REGULATION SHALL REQUIRE.

Referred to Committee on Agriculture and Natural Resources.

H. 3551 -- Rep. Winstead: A BILL TO AMEND SECTION 40-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO AS TO REVISE THE DEFINITION OF PHYSICAL THERAPY AND TO DELETE THE DEFINITION OF A PRESCRIPTION; TO AMEND SECTION 40-45-200, RELATING TO THE GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF THE REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO DELETE THE GROUND PROVIDING FOR THOSE WHO PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY AND TO PROVIDE FOR A NEW GROUND RELATING TO FEES; AND TO AMEND SECTION 40-45-220, AS AMENDED, RELATING TO TREATMENT BY PHYSICAL THERAPISTS AND SUPERVISION OF ASSISTANTS, SO AS TO DELETE THE PROVISION THAT A REGISTERED PHYSICAL THERAPIST MAY NOT PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY.

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

H. 3552 -- Reps. Kirsh, Foster and Hayes: A BILL TO AMEND SECTION 4-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT THE TERMS OF OFFICE OF COUNTY OFFICERS COMMENCE SO AS TO PROVIDE THAT THE TERMS OF OFFICE OF COUNTY AUDITORS AND COUNTY TREASURERS SHALL COMMENCE ON THE FIRST DAY OF JULY NEXT FOLLOWING THEIR ELECTION.

Referred to Committee on Judiciary.

H. 3553 -- Reps. Harvin, Day, M.D. Burriss, Carnell, O. Phillips, Hearn, Waldrop, Barfield, L. Martin and Keyserling: A BILL TO AMEND SECTION 16-17-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAMAGE TO CEMETERIES, SO AS TO REVISE THE PROVISIONS DETAILING THE OFFENSES INVOLVING THE DAMAGE, TO PROVIDE PENALTIES, AND TO EXEMPT ARCHAEOLOGISTS; AND TO AMEND SECTION 16-17-600, RELATING TO DESTRUCTION OF GRAVES, SO AS TO REVISE THE PROVISIONS DETAILING THE OFFENSES INVOLVING THE DESTRUCTION, TO PROVIDE PENALTIES, TO EXEMPT ARCHAEOLOGISTS, AND TO PROVIDE FOR REPAIR AND REPLACEMENT.

Referred to Committee on Labor, Commerce and Industry.

H. 3554 -- Reps. Harvin, Day, M.D. Burriss, O. Phillips, Hearn, Waldrop, Barfield, Lake and Keyserling: A BILL TO AMEND TITLE 39, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 56 SO AS TO PROVIDE FOR ANCIENT, ABANDONED, OR NEGLECTED BURIAL GROUNDS INCLUDING ESTABLISHING DEFINITIONS AND STANDARDS TO PROVIDE FOR THEIR PROPER CARE, PRESERVATION, CONSERVATION, AND IDENTIFICATION; AND TO AMEND ARTICLE 5, CHAPTER 7, TITLE 12, AS AMENDED, RELATING TO GROSS AND NET INCOME, BY ADDING SECTION 12-7-619 SO AS TO PROVIDE A CREDIT FOR DONATIONS MADE FOR BURIAL GROUNDS, CEMETERIES, PERPETUAL CARE CEMETERY TRUST FUNDS, AND EXEMPT NONPROFIT CEMETERY COMPANIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3555 -- Rep. Rawl: A BILL TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL DEALERS OF ALCOHOLIC LIQUORS SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION FROM A "MINOR" TO A "PERSON OF TWENTY-ONE YEARS OF AGE."

Referred to Committee on Labor, Commerce and Industry.

H. 3556 -- Rep. Rawl: A BILL TO AMEND SECTION 61-9-61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TRANSFER OF BEER OR WINE TO ANY PERSON UNDER THE AGE OF EIGHTEEN SO AS TO RAISE THIS AGE TO TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, TO TWENTY-ONE.

Referred to Committee on Judiciary.

H. 3557 -- Rep. Rawl: A BILL TO AMEND SECTION 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS ON THE PREMISES OF ESTABLISHMENTS LICENSED TO SELL BEER OR WINE SO AS TO PROVIDE THAT NO BEER OR WINE MAY BE SOLD ON THESE PREMISES TO A PERSON UNDER THE AGE OF TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, UNDER TWENTY-ONE.

Referred to Committee on Judiciary.

H. 3558 -- Rep. Rawl: A BILL TO AMEND SECTION 61-9-455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT CERTAIN SIGNS BE POSTED IN RETAIL ESTABLISHMENTS THAT SELL BEER, ALE, PORTER, OR WINE REGARDING THE UNLAWFUL PURCHASE OF BEER, ALE, PORTER, OR WINE SO AS TO REVISE THE REQUIRED WORDING OF THESE SIGNS.

Referred to Committee on Labor, Commerce and Industry.

H. 3559 -- Rep. Rawl: A BILL TO REPEAL SECTION 61-9-345, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS BEING REQUIRED FOR ROUTE SALESMEN OR WAREHOUSE SALESMEN OF BEER WHOLESALERS.

Referred to Committee on Labor, Commerce and Industry.

H. 3560 -- Reps. Hearn, Sharpe, M.D. Burriss, Koon, Faber, McBride, J.H. Burriss, Sturkie, Jones and Woodruff: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION, SO AS TO MAKE DEAF MUTES ELIGIBLE FOR THE EXEMPTION.

Referred to Committee on Ways and Means.

H. 3561 -- Reps. Helmly, Snow, Williams and Rhoad: A JOINT RESOLUTION TO INCREASE THE LIMIT ON THE TAKING OF BLUEBACK HERRING AND GIZZARD SHAD IN 1986 ONLY IN LAKE MOULTRIE AND THE TAILRACE CANAL.

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

H. 3562 -- Rep. Tucker: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF COUNTY GOVERNMENT, SO AS TO DEFINE UNINCORPORATED AREA AS IT APPLIES TO THE CREATION OF A SPECIAL TAX DISTRICT.

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

H. 3563 -- Reps. Hearn, M.D. Burriss and Toal: A BILL TO REQUIRE MUNICIPALITIES, COUNTIES, AND SPECIAL PURPOSE DISTRICTS TO ADOPT PROCUREMENT CODES BY JULY 1, 1987, THAT INCLUDE REIMBURSEMENT PROVISIONS IN CASES OF APPEALS SUBSTANTIALLY SIMILAR TO THOSE INCLUDED IN THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE AND TO SUSPEND AID TO SUBDIVISIONS DISTRIBUTIONS TO A MUNICIPALITY OR COUNTY AFTER JUNE 30, 1987, UNLESS THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD CERTIFIES THAT THE MUNICIPALITY OR COUNTY HAS A COMPLYING CODE AND TO SUSPEND AUTHORITY FOR A SPECIAL PURPOSE DISTRICT TO LEVY TAXES OR IMPOSE FEES AFTER JUNE 30, 1987, UNLESS THE DIVISION CERTIFIES TO THE CHAIRMAN OF THE GOVERNING BODY OF THE DISTRICT THAT THE DISTRICT HAS A COMPLYING CODE.

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

H. 3564 -- Rep. Schwartz: A BILL TO AMEND SECTIONS 38-63-10, 38-63-100, 38-63-110, 38-63-120, 38-63-140, 38-63-150, 38-63-200, 38-63-270, 38-63-280, 38-63-290, 38-63-300, 38-63-310, 38-63-320, 38-63-330, AND 38-63-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO DELETE LANGUAGE FROM THE DEFINITION OF "BAIL BOND" AND TO MAKE PROVISIONS OF CHAPTER 63 OF TITLE 38 WHICH APPLY TO PROFESSIONAL BONDSMEN APPLICABLE ALSO TO SURETY BONDSMEN; AND TO AMEND ACT 189 OF 1985, RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO CHANGE THE EFFECTIVE DATE OF THAT ACT.

Referred to Committee on Judiciary.

S. 994 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-21-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR NEGLIGENT OPERATION OF WATERCRAFT, SO AS TO INCREASE THE MAXIMUM FINE PENALTY FROM ONE HUNDRED DOLLARS TO TWO HUNDRED DOLLARS.

Referred to Committee on Agriculture and Natural Resources.

S. 996 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-9-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO FISH IN CERTAIN RESERVOIRS, LAKES, AND STREAMS SO AS TO ADD LAKE RICHARD B. RUSSELL.

Referred to Committee on Agriculture and Natural Resources.

S. 997 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-170 SO AS TO PROVIDE THAT CHANGES IN FEDERAL LAW OR REGULATIONS RELATING TO BOATING MUST AUTOMATICALLY AND IMMEDIATELY BE REFLECTED IN REGULATIONS OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT AND THE CHANGES MUST BE PUBLISHED IN THE NEXT ISSUE OF THE STATE REGISTER.

Referred to Committee on Agriculture and Natural Resources.

S. 999 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, CREATING A NO WAKE ZONE WITHIN THE WATERS OF LAKE RUSSELL AND THE SAVANNAH RIVER, ABBEVILLE COUNTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 505, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Referred to Committee on Agriculture and Natural Resources.

S. 977 -- Senator Nell Smith: A BILL TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO DELETE THE NUMERICAL DESIGNATION OF EACH PRECINCT.

Without reference.

H. 3561--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. HELMLY, with unanimous consent, it was ordered that H. 3561 be read the second and third times the next two successive legislative days.

ROLL CALL

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

Schwartz               Alexander              Altman
Anderson, J.           Anderson, S.           Arthur, J.
Arthur, W.             Aydlette               Bailey, G.
Bailey, K.             Barfield               Beasley
Blackwell              Blanding               Blatt
Boan                   Bradley, J.            Bradley, P.
Brett                  Brown, G.              Brown, H.
Brown, R.              Burriss, M.D.          Carnell
Chamblee               Cleveland              Cooper
Cork                   Dangerfield            Davenport
Day                    Derrick                Elliott
Faber                  Fair                   Felder
Ferguson               Foster                 Foxworth
Freeman                Gentry                 Gilbert
Gordon                 Gregory                Harris, J.
Harris, P.             Harvin                 Hawkins
Hayes                  Hearn                  Helmly
Hendricks, B.          Hendricks, L.          Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Kohn                   Koon
Lake                   Lewis                  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.
Rhoad                  Rice                   Rogers, J.
Russell                Sharpe                 Sheheen
Shelton                Simpson                Snow
Stoddard               Taylor                 Thrailkill
Toal                   Townsend               Tucker
Waldrop                White                  Wilkins
Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 26, 1986.

D.N. Holt                         John H. Burriss
M. Washington                     L. Edward Bennett
Lenoir Sturkie                    A. Victor Rawl
Rick Rigdon                       Tom G. Woodruff, Jr.
Tom Marchant                      Charles Griffin III
Total Present--117

LEAVE OF ABSENCE

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

STATEMENT OF ATTENDANCE

Reps. GENTRY and HARVIN signed a statement with the Clerk that they came in after the roll call and were present for the Session on Thursday, February 20, 1986.

DOCTOR OF THE DAY

Announcement was made that Dr. William C. Cantey is the Doctor of the Day for the General Assembly.

H. 2384--NON-CONCURRENCE IN SENATE AMENDMENTS

On motion of Rep. S. ANDERSON the House non-concurred in the Senate Amendments to the following Bill, and a message was ordered sent to the Senate accordingly.

H. 2384 -- Rep. Archibald: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-51-111 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR APPLICANTS FOR INSURANCE AGENTS' LICENSES AND TO MAKE EXCEPTIONS.

RULE 6.1 WAIVED

Rep. SHEHEEN moved to waive Rule 6.1 which was agreed to.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 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.

SPECIAL PRESENTATION

Rep. G. BROWN, with unanimous consent, introduced the outstanding farm families of the year.

H. 3310--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3310 -- Reps. Keyserling and White: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EDUCATION OF BEAUFORT COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, AND TO PROVIDE FOR THE MEMBERS' TERMS, VACANCIES, NOTICE OF ELECTION, PETITION, AND PLACEMENT OF NAMES ON THE BALLOT.

Rep. CORK spoke against the Bill.

Rep. CORK proposed the following Amendment No. 1 (Doc. No. 2250R), which was tabled.

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

/SECTION 1. A referendum must be conducted at the time of the general election in 1986 to allow the electors of Beaufort County to vote on the question of whether they desire the members of the Board of Education of Beaufort County to be elected in nonpartisan or partisan elections.

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

Amend and title to conform.

Rep. CORK explained the amendment.

Rep. KEYSERLING spoke against the amendment and moved to table the amendment.

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

The amendment was then tabled by a division vote of 15 to 12.

Rep. CORK proposed the following Amendment No. 2 (Doc. No. 2248R), which was rejected.

Amend the bill, as and if amended, in SECTION 1, page 1, by inserting after /elections/ on line 24 /by a majority vote of the qualified electors/.
Amend further in SECTION 1, page 1, by inserting after /qualify./ on line 26 /A runoff election, if necessary, must be held two weeks after the general election and is subject to the rules governing that election. At the runoff election, the two candidates among those who do not withdraw their candidacies and who received more votes in the general election than any other remaining candidate alone shall run for any one office and in the event only one candidate remains he must be considered nominated, except that if there are two or more vacancies, the nomination of candidates must be doubled by the number of vacancies to be filled if that many candidates remain. In the runoff election, the candidate receiving the largest number of votes cast for a given office must be declared the nominee for the office whether or not that person has received a majority of the votes cast for that office./

Amend and title to conform.

Rep. CORK explained the amendment.

The amendment was then rejected.

The question then recurred to the passage of the Bill, which was agreed to by a division vote of 15 to 10.

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

SENT TO THE SENATE

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

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.

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.

H. 3514--DEBATE ADJOURNED

Rep. TOAL moved to adjourn debate upon the following Joint Resolution, which was adopted.

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.

H. 3540--POINT OF ORDER

The following Bill was taken up.

H. 3540 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 40-21-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO CHANGE THE DEFINITION OF "PRACTICE OF LAND SURVEYING" SO AS TO EXPAND THE DEFINITION, INCLUDE THE WORK A TIER B LAND SURVEYOR MAY PERFORM AND DEFINE THE TERM "ABET" AS MEANING THE ACCREDITATION BOARD FOR ENGINEERING AND TECHNOLOGY; TO AMEND THE 1976 CODE BY ADDING SECTION 40-21-195 SO AS TO ESTABLISH THE QUALIFICATION FOR A TIER B LAND SURVEYOR; TO AMEND SECTION 40-21-200, AS AMENDED, RELATING TO THE QUALIFICATIONS OF A LAND SURVEYOR, SO AS TO ESTABLISH THE QUALIFICATIONS OF A TIER A LAND SURVEYOR; TO AMEND SECTION 40-21-206, RELATING TO THE QUALIFICATIONS FOR A SURVEYOR-IN-TRAINING, SO AS TO REQUIRE THAT APPLICANTS MUST MEET THE STANDARDS OF THE ACCREDITATION BOARD FOR ENGINEERS AND TECHNOLOGY AND TO DELETE THE REQUIREMENT THAT AN APPLICANT MUST BE A GRADUATE OF A HIGH SCHOOL OR POSSESS A STATE EQUIVALENCY CERTIFICATE; TO PROVIDE THAT ANY PERSON REGISTERED AS A SURVEYOR-IN-TRAINING UNDER THE PROVISIONS OF CHAPTER 21 OF TITLE 40 AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS ACT OR WHO MAY BE REGISTERED OR WHO CAN PROVIDE EVIDENCE SATISFACTORY TO THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS MAY BE REGISTERED AS A TIER A LAND SURVEYOR BY PASSING THE WRITTEN OR WRITTEN AND ORAL EXAMINATIONS IN THE PRINCIPLES AND PRACTICES IN TIER A OF LAND SURVEYING AS MAY BE PROVIDED BY THE BOARD; AND TO PROVIDE THAT THE BOARD SHALL PROMULGATE REGULATIONS EFFECTUATING THE PROVISIONS OF THIS ACT.

Rep. HEARN explained the Bill.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3514--AMENDED AND ORDERED TO THIRD READING

Rep. TOAL moved to reconsider the vote whereby debate was adjourned on the following Bill which was agreed to.

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.

Rep. BLACKWELL proposed the following Amendment No. 1, which was adopted.

Amend as and if amended. Add appropriately numbered section to read:

This act shall not have effect in counties where the most recent census recorded more than 250,000 citizens residing.

Rep. BLACKWELL explained the amendment.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. STODDARD asked unanimous consent that H. 3514 be read a third time tomorrow.

Rep. KLAPMAN objected.

ORDERED TO THIRD READING

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

S. 1049 -- Senator McGill: 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.

S. 1049--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 1049 be read the third time tomorrow.

H. 2514--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the following Bill until Tuesday, March 4, which was adopted.

H. 2514 -- Reps. Tucker and Cooper: A BILL TO PROVIDE THAT NO WATER OR SEWAGE SYSTEM OWNED OR OPERATED BY A COUNTY, MUNICIPALITY, SPECIAL PURPOSE DISTRICT, OR POLITICAL SUBDIVISION OF THIS STATE MAY BE EXTENDED, LEASED, OR OPERATED IN THE UNINCORPORATED AREA OF ANY COUNTY OTHER THAN THE COUNTY OR COUNTIES WHERE IT IS ALREADY OWNED OR OPERATED EXCEPT UNDER A CERTAIN CONDITION.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., February 26, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 2041:

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 21

Received as information.

Further proceedings were interrupted by the Joint Assembly.

JOINT ASSEMBLY

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

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

ADDRESS BY CHIEF JUSTICE JULIUS B. NESS

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

H. 3306 -- Reps. Schwartz and Sheheen: A CONCURRENT RESOLUTION INVITING CHIEF JUSTICE JULIUS B. NESS TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12 NOON ON WEDNESDAY, FEBRUARY 26, 1986.

The Honorable Julius B. Ness, Chief Justice of the Supreme Court and distinguished party were escorted to the rostrum by Senators T. Mitchell, Williams and Moore and Reps. SHEHEEN, RHOAD and D. MARTIN.

SPEAKER Emeritus SOLOMON BLATT introduced the honored guest as follows:

Speaker Emeritus Blatt:

I stand before you today to not only celebrate my approaching birthday, but I think one of the great honors of my lifetime is the honor I have had in knowing the distinguished Chief Justice of the Supreme Court of South Carolina. I knew him when he was a youngster. I was much older. Today is his birthday, too, by the way. That's the reason he has the intelligence that he has, because his birthday's on my birthday. He not only served his county and his state, but he was one of the greatest judges, the greatest lawyers that I ever knew. He and I had many cases together and against each other and the funny thing about it is we settled everyone we had; we didn't try it. I don't know whether he was worried about the mistrial or if I was. But I knew him as a lawyer, I knew him as a distinguished circuit judge, as a member of the Supreme Court of this state, and as the Chief Justice of South Carolina. I present to you on this occasion, the distinguished Chief Justice of the Supreme Court, the greatest in the nation, J. B. Ness."

Chief Justice Ness:

"Speaker Emeritus Blatt, Lt. Governor Daniel, Speaker Schwartz, distinguished members of the General Assembly, ladies and gentlemen:

It is a great honor for me to address you today. Never in my wildest imagination did I ever dream that a small town country boy from Bamberg County would have the opportunity to address this august body. I learned several weeks ago that I might have competition for your audience today, since you had also scheduled a reception downstairs at this same time for the Chicago Bears' William 'The Refrigerator' Perry. I understand Mr. Perry's visit was subsequently rescheduled. But while our appearances were still expected to coincide, my good friend Bruce Littlejohn remarked that when he addressed you last year on the state of the Judiciary, you didn't have to invite a football player to attract a crowd. If any of you were expecting to see a football player here today, I am sorry to disappoint you.

This is my first opportunity to address you since you elected me to this office almost one year ago. I want to thank you for your vote of confidence in choosing me to lead our judiciary. The day I was sworn in as Chief Justice was the fulfillment of a lifelong dream. When the celebrations were over, and the additional workload descended upon me, I realized what an awesome responsibility I had undertaken. I have worked very hard in these seven months to maintain the outstanding judiciary I inherited from Bruce Littlejohn. To a large extent, we are still operating under the momentum that Bruce established during his tenure as Chief Justice. Perhaps I haven't been at it long enough to mess things up. But I believe Bruce trained me well enough to successfully do the job you have given me. You have my pledge that I will do my very best to see that the quality of our judicial system and the administration of justice in our state continues to excel.

Bruce Littlejohn advised you last year that the court dockets in our Common Pleas and General Sessions courts were in excellent shape. We have continued to make tremendous progress in reducing the delay that plagued our trial courts for years. In 1985, we held 1,336 weeks of Circuit Court, both civil and criminal, across the state of South Carolina. Our judge power was and is stretched to the absolute limit. We schedule court virtually every week that a judge is available and a courtroom can be found. This week is the first week that we were able to have three courtrooms in Horry County, and we have three judges in Horry County holding court there. We have been greatly assisted by the contributions of a number of our retired judges, who unselfishly agreed to hold court to assist us in keeping the docket current. Last year, our retired judges held 112 weeks of court at minimal cost to the state. Without them, I would have had to ask you for three new circuit judges to handle the work at a cost of approximately $450,000. At the same time, when state revenues are limited, we attempt, in the Court, to keep our funding requests to a minimum. This year, I did not request a single dime extra of that which you allocated to us last year. As long as our retired judges make themselves available to us, I believe we can postpone the need to increase the size of the judiciary. Because of their help, and the dedicated work of our active trial court judges, the trial courts in South Carolina are in excellent condition.

I would also like to take this opportunity to commend the lawyers in this state who have responded to our accelerated court schedule with harder work, longer hours and excellent cooperation.

For several years, we have emphasized the reduction of delay at the trial level, and while we are making outstanding progress, very little was being done to improve these problems at the appellate level. With the creation of the Court of Appeals, the General Assembly took the first positive step toward reducing the appellate backlog. However, it soon became apparent that more needed to be done. With your support and at my request, eight months ago six temporary staff attorney positions were added at the Supreme Court. We now have a staff of fourteen attorneys, who assist us in processing the tremendous volume of civil and criminal cases.

The results have been remarkable. One year ago, 821 cases were fully briefed and ready for argument and disposition. Today, there are only 417 cases ready for consideration by the appellate courts. That is a decrease of almost 50 percent in less than a year. During that time, of course, more appeals were being filed and were awaiting docketing in various stages. At this time last year, there were 1,768 cases pending in the appellate court system. Now there are 1,293 pending, reflecting an overall decrease of 26 percent, while there has been an increase in filings. We are indebted to Chairman Rembert Dennis, Vice-Chairmen James Waddell and Jack Lindsay of the Finance Committee, and Chairman Tom Mangum, and sub-committee members Bob McLellan, Crosby Lewis and Larry Blanding of the Ways and Means Committee and all of you for providing us with the increased staff. We are also indebted to Marshall Williams of the Senate Judiciary Committee and Bob Sheheen of the House Judiciary Committee and all of their respective committee members for their many kindnesses they have extended to us. In fact, there is no one in this General Assembly to whom the judiciary of this state is not today indebted.

I am extremely pleased, and proud, of the progress we have made. In 1985, the two appellate courts disposed of 892 cases. Currently, we are hearing oral arguments in civil cases that were docketed approximately 12 to 15 months ago; criminal cases are heard within 6 months of docketing.

I would like to eventually see a six month waiting period for civil appeals, just as we now have for criminal appeals. Realistically, a shorter waiting period than six months would make it difficult for attorneys to prepare for oral argument. I fully expect and fervently hope that by the end of my tenure as Chief Justice we will have a current appellate docket, that is, six months for all cases.

We have heard a great deal in recent years about the so-called 'litigation explosion'. It has been said that we are a litigious society. There is a genuine increase in the number of lawsuits being filed in our country. The so-called 'explosion' may be nothing more than a normal increase in litigation. While there are more lawsuits, there are more people carrying on the business of life and occasionally turning to the courts for dispute resolution.

We have had a number of rather significant changes in the judicial system this past year. Perhaps the most sweeping is the enactment of the South Carolina Rules of Civil Procedure, which went into effect July 1. The new rules effected a major change in procedure for civil cases, and it is quite an undertaking to digest so many rules at once. I recently overheard a lawyer -- a member of this body, in fact -- comment that he was learning to practice law all over again with the new rules. I, too, learn something new almost every day from these new rules. Justice Lee Chandler and his committee did an outstanding job of sifting through the existing rules, keeping what was good in them, and discarding what was bad. It was a tremendous undertaking and the results were well worth the effort and the time involved. We sincerely appreciate the close scrutiny given our proposals by Senator Marshall Williams, Representative Bob Sheheen, and all the Judiciary Committee members of both Houses. Several weeks ago, we submitted a few proposed amendments to these rules which we believe will smooth out the rough edges that may have remained in the original version of the rules. We hope they, too, will meet with your approval.

Similarly, the Family Court Judges Advisory Committee has proposed a revised set of family court rules consistent with the South Carolina Rules of Civil Procedure to supplement those rules for practice in the family courts. If approved, the family court rules will be an appendix to the South Carolina Rules of Civil Procedure and the two sets of rules will be read together for practice in the family courts. Those family court rules are currently being reviewed by the Judicial Council and will be forwarded to the Court soon for review. They will most likely be before you for approval in 1987.

We also have a committee studying and recommending changes to the Supreme Court rules. This Committee is chaired by retired Chief Justice Bruce Littlejohn and is in the preliminary stages of reviewing our appellate rules. Lee Chandler's committee worked for approximately three years before they had a product that was finely tuned enough to submit to the Court. Judge Littlejohn's committee has been operating for just under a year and has already made great progress; however, much more remains to be done. I have said many times that the practice of appellate law is a specialty just like tax law, domestic law and other areas of practice. The rules that govern this area of specialty for both the Supreme Court and the Court of Appeals need a great deal of reflection and polishing before they will be complete. Throughout all the review and revisions, we emphasize to you that procedural rules are 'tools'. They should be fair and reasonable, and they should also be written in clear language which enables the practitioner to confidently rely upon their meaning. Judge Littlejohn, as always, is doing a remarkable job. I have every confidence that the proposed appellate rules will eventually be a welcomed tool in simplifying appellate practice.

I mentioned a moment ago that the Court of Appeals has been a great asset to the judiciary of our state. That, really, is an understatement, but it is difficult to find words to sufficiently describe the tremendously positive effect the Court of Appeals has had on the judicial system. In retrospect, I honestly don't know how we ever did without them. Both quantitatively and qualitatively, the work of the Court of Appeals has far exceeded our expectations. I want to publicly thank Chief Judge Alex Sanders, and Judges Randall Bell, Jasper Cureton, John Gardner, Bert Goolsby, and Curtis Shaw for their hard work and dedication.

I am so pleased that you are arranging to make the Calhoun Office Building available to the Court of Appeals and other offices within the Judicial Department. The Court of Appeals has had temporary facilities since its inception, and, as I am sure you know, temporary facilities make for a less efficient operation. We are very hopeful that the Calhoun Building can be readied for the Court of Appeals' occupancy by late 1988. We also plan to house our offices of Finance and Personnel, Court Administration and Judicial Standards, which are now in a building down in Five Points in the same building, and that will certainly make our day-to-day operations run more smoothly.

It has been approximately 12 years since I last held Circuit Court in this state, yet I still feel a close kinship with our trial judges, and the tremendous responsibilities placed upon them. In Common Pleas Court, or civil court, the variety of issues that can arise from day to day is infinite. A trial judge is expected to be an expert in products liability, real property, corporate tax and a variety of other areas of civil practice. In General Sessions Court, or criminal court, every criminal case requires the judge to search deep within himself to make a decision that tempers justice and mercy in the face of innumerable competing factors.

No two criminal cases that ever came before me during the sixteen years I served on the circuit bench were the same. Every judge understands the competing interests which accompany the individuals who appear in his courtroom. He must keep in mind his responsibilities to his office and to the public and must insure that whatever sentence he gives is the result of reasoned deliberation. Only the person who sits up on that bench and listens to the advocates on both sides, the defendant, the victim, and the other interested parties can weigh all the relevant factors to arrive at the appropriate sentence. Because the sentence may be criticized does not mean it is an inappropriate sentence. It's very easy to be a critic of a decision made by someone else.

The theory of punishment is something that has plagued mankind for centuries. The responsibility of determining who retains his freedom and who loses it entirely is no easy task. We operate under the adversary system of justice. To decide what is just and what is best is very often a frightening responsibility. It takes a unique individual to accept these awesome burdens and serve our state as a circuit judge. Perhaps the greatest attribute of a judge is that he is a human being. He can think, evaluate, reason and he can judge. As long as criminal cases differ from one another, sentences will also differ from one another. Justice requires nothing less.

More than 2,000 years ago, Socrates said, 'Four things belong to a judge -- to hear courteously; to answer wisely; to consider soberly; and to decide impartially.' The men and women of our judiciary have followed and lived by Socrates' words. You have elected men and women of enormous capability and extreme dedication to our judiciary. The system works well, and I am proud and humbled to have a small part in its future. I believe its strengths far outweigh its frailties.

In closing, I hope you'll forgive me a personal note. I have the distinct pleasure of serving on a court with four men who are the epitome of excellence and professionalism. George Gregory, David Harwell, Lee Chandler and Ernest Finney approach the overwhelming and complex work of the Court with dedication and good humor. They make my job easier and more rewarding, and I want to publicly thank them for the many things they do for me.

And, if you'll forgive me, one further note. In the balcony is my wife of forty years. Without her, I could not have carried out my duties for the twenty-eight years I served on the circuit bench. With her, is my son, Richard, who practices law in Bamberg, my daughter, Gail, and their respective spouses, and grandchildren.

It has been a great honor to be with you today. I know so many of you; I served with a great many of you. I sincerely feel I am among friends. There was a time when the short walk across Gervais Street between the Court and the Legislature was rarely undertaken. Bruce Littlejohn, in his artful manner, repaved the path to our renewed friendship. I thank him for opening the door, and thank you for the invitation to pass through. I intend and assure you that during my tenure as Chief Justice our relationship and spirit of cooperation shall continue. I strongly believe in our three branches of government -- legislative, executive and judicial. I also strongly believe that through our mutual cooperation we can have the best state in the nation.

I sincerely love the state of South Carolina and admire its governmental structure and the people who make it the great state it is. Anytime I can be of assistance to any of you, now or in the future, my door is always open to you.

Thank you very much.

Upon the conclusion of his address, Chief Justice Ness and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

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

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:30 P.M. the House resumed, the SPEAKER Emeritus in the Chair.

Rep. SHEHEEN moved that the House recede until 2:30 which was adopted.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

H. 2284--OBJECTION

Rep. FOXWORTH withdrew his objection to the following Bill whereupon an objection was raised by Rep. BLANDING.

H. 2284 -- Reps. Woodruff, Huff and Limehouse: A BILL TO AMEND SECTION 20-7-1370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND TERMS OF JUDGES, SO AS TO INCREASE THE TERMS OF FAMILY COURT JUDGES FROM FOUR TO SIX YEARS AND TO PROVIDE FOR THE EXPIRATION DATE OF THOSE TERMS.

H. 2762--OBJECTIONS WITHDRAWN AND DEBATE ADJOURNED

Upon the withdrawal of objections by Reps. FOXWORTH, DANGERFIELD and D. MARTIN the following Bill was taken up.

H. 2762 -- Reps. P. Harris, J. Harris, Woods and Helmly: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION OF POTENTIALLY DANGEROUS PERSONS WHO ARE MENTALLY ILL, SO AS TO CHANGE THE TIME WITHIN WHICH A HEARING ON THE ADMISSION MUST BE HELD FROM TWENTY DAYS TO FROM TEN TO FIFTEEN DAYS.

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

H. 2355--OBJECTION WITHDRAWN, AMENDED AND OBJECTION

Upon the withdrawal of an objection by Rep. SIMPSON 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), which was tabled.

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 than 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 may 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 and asked unanimous consent to withdraw the amendment.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that a committee amendment may not be withdrawn by one member.

The SPEAKER Pro Tempore sustained the Point of Order.

Rep. WINSTEAD moved to table the amendment which was agreed to.

Rep. WINSTEAD proposed the following Amendment No. 4 (Doc. No. 2151R), which was adopted.

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 than 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 may 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.

The provisions of this section do not apply to animals used in medical research or educational laboratory experiments."/

Amend title to conform.

Rep. WINSTEAD explained the amendment.

Rep. WINSTEAD asked unanimous consent to amend the amendment at the desk, which was agreed to.

The amendment was then adopted.

Rep. HARVIN proposed the following Amendment No. 2 (Doc. No. 2087R), which was adopted.

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 less than one hundred dollars or exceeding one 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 or imprisonment for not more than thirty days for a first offense, by a fine of not less than three hundred dollars or imprisonment for not more than sixty days for the second offense, and by a fine of not less than five hundred dollars or imprisonment for not more than six months for a third and 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 at the desk, which was agreed to.

Rep. WINSTEAD continued speaking.

The amendment was then adopted.

Rep. McTEER proposed the following Amendment No. 3.

Amend as and if amended. By adding an appropriately numbered section:

Section___:     This act shall not apply to animals used for agriculture purposes.

Amend title to conform.

Rep. McTEER explained the amendment.

Rep. O. PHILLIPS objected to the Bill.

H. 3530--OBJECTION WITHDRAWN AND OBJECTIONS

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

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.

Rep. STODDARD explained the Bill.

Reps. J.H. BURRISS and T.M. BURRISS objected to the Bill.

S. 126--OBJECTION WITHDRAWN AND OBJECTION

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

S. 126 -- Senator Thomas E. Smith, Jr.: A BILL TO AUTHORIZE EVERY STANDING COMMITTEE OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, EVERY JOINT STUDY COMMITTEE OF THE GENERAL ASSEMBLY, AND EVERY JOINT SUBCOMMITTEE OF STANDING COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES TO ISSUE SUBPOENAS, ADMINISTER OATHS, TAKE DEPOSITIONS, AND RECEIVE TESTIMONY AND EVIDENCE AS NECESSARY TO CARRY OUT ITS DUTIES, INCLUDING SUBPOENAS FOR OTHERWISE CONFIDENTIAL RECORDS; TO PROVIDE A METHOD FOR LIMITING, REVOKING, OR MODIFYING SUBPOENAS ISSUED; TO PERMIT THE RECEIPT OF TESTIMONY AND EVIDENCE IN EXECUTIVE SESSION FOR GOOD CAUSE SHOWN; TO PROVIDE FOR THE ENFORCEMENT OF SUBPOENAS; AND TO GRANT IMMUNITY FROM CIVIL OR CRIMINAL ACTIONS TO PERSONS PRODUCING MATERIALS PURSUANT TO SUBPOENA.

Rep. KLAPMAN objected to the Bill.

H. 3331--DEBATE ADJOURNED

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

H. 3331 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1981, 1982, 1983, 1984, 1985, AND 1986 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1986.

Rep. KIRSH moved to adjourn debate upon the Senate amendments until Tuesday, March 4, which was adopted.

H. 3312--ADOPTED

The following House Resolution was taken up.

H. 3312 -- Reps. T.M. Burriss, Schwartz, Thrailkill and Beasley: A HOUSE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PURSUE THE PROVISION OF A NONNUCLEAR DEFENSE SYSTEM IN SPACE TO DEFEND THE UNITED STATES AGAINST DELIBERATE OR ACCIDENTAL NUCLEAR ATTACK TO BE DEPLOYED BY THE END OF THIS DECADE.

Whereas, it is the primary responsibility of the United States government to provide for the common defense; and

Whereas, the United States government does not now possess any means of defending the American people against the most awesome of threats, deliberate or accidental attack by long-range nuclear missiles; and

Whereas, the shift in the strategic balance in favor of the Soviet Union has severely undermined the credibility of our deterrent which is based on the offense-only doctrine of Mutual Assured Destruction; and

Whereas, President Reagan on March 23, 1983, and on subsequent occasions, has enjoined Congress to provide the American people with an effective defense against nuclear attack; and

Whereas, technologies are now available to provide for the construction, by the end of this decade, of a nonnuclear defense system to protect the United States against a nuclear first strike by the Soviet Union or any other hostile power; and

Whereas, this system, commonly known as High Frontier, involves the use of satellites to intercept and destroy nuclear missiles targeted at the United States or at the territories of its allies; and

Whereas, it is reasonably clear that the Soviet Union has provided itself with offensive space weapons and is trying to provide for itself a space-based laser weapon by means of which to defend itself against ballistic missiles. Now, therefore,

Be it resolved by the House of Representatives:

That Congress is hereby memorialized to reject the Mutual Assured Destruction doctrine and pursue the provision of a nonnuclear defense system in space to defend the United States against deliberate or accidental nuclear attack to be deployed by the end of this decade.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States, to the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.

The Resolution was adopted.

H. 3179--OBJECTIONS AND DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

H. 3179 -- Reps. Aydlette, J. Rogers, Woodruff, Limehouse, Hawkins, Mattos, J. Bradley, Rawl, Holt, Winstead, G. Bailey, J. Harris, Koon, Snow, Gregory, K. Bailey, Harvin, P. Bradley, Williams and M.D. Burriss: A CONCURRENT RESOLUTION REQUESTING THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RECOGNIZE THE PEE DEE, SANTEE, AND EDISTO NATCHEZ KUSSO TRIBES OF SOUTH CAROLINA FOR PURPOSES OF ALL FEDERAL PROGRAMS OPERATED BY THE BUREAU OF INDIAN AFFAIRS FOR NATIVE AMERICANS.

Reps. KIRSH, HAYES, HELMLY, KLAPMAN, B.L. HENDRICKS and SIMPSON objected to the Resolution.

Rep. KLAPMAN moved to adjourn debate upon the Resolution which was adopted.

H. 3189--DEBATE ADJOURNED

The following Resolution was taken up.

H. 3189 -- Reps. Rawl, S. Anderson, G. Bailey, Beasley, Dangerfield, Elliott, Foxworth, Harvin, Lloyd I. Hendricks, Kay, Keyserling, Kirsh, Lewis, Mitchell and Snow: A CONCURRENT RESOLUTION URGING THE MEMBERS OF SOUTH CAROLINA'S CONGRESSIONAL DELEGATION TO OPPOSE ENACTMENT OF THE TAX REFORM PROPOSAL SUPPORTED BY THE PRESIDENT OF THE UNITED STATES.

Rep. HEARN moved to adjourn debate upon the Resolution until Tuesday, March 4, which was adopted.

H. 3565--ADOPTED

The following was introduced:

H. 3565 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 153, RELATING TO ARCHITECTS AND ENGINEERS' STATUTE OF LIMITATIONS, FOR SECOND READING OR OTHER CONSIDERATION, IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H. 2737, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 153 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S. 153 be set by special order for second reading or other consideration, immediately following second reading or other disposition of H. 2737 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 153 is given second reading or is otherwise disposed of.

Rep. TOAL explained the Resolution.

PARLIAMENTARY INQUIRY

Rep. FELDER inquired if the SPEAKER had ruled on the Point he had raised yesterday on the setting for Special Order of S.459.

The SPEAKER Pro Tempore stated that he had not, but either he or the SPEAKER would rule today.

Rep. JOHN BRADLEY proposed the following Amendment No. 1 which was tabled.

Amend as and if amended.

Set 3565 for July 14, 1986 or later. Amend everything.

Rep. J. BRADLEY explained the amendment.

POINT OF ORDER AND PARLIAMENTARY INQUIRY

Rep. T.M. BURRISS raised the Point of Order that the Resolution was non-debatable, and the member at the podium was debating the merits, not explaining his amendment.

Rep. TOAL inquired if it was not the practice of the SPEAKER to allow the author of a proposed amendment to explain it briefly.

The SPEAKER Pro Tempore stated that the matter was non-debatable, however it was customary to allow a brief explanation.

Rep. J. BRADLEY asked unanimous consent to explain the amendment.

Rep. T.M. BURRISS objected.

Rep. T.M. BURRISS moved to table the amendment.

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

Yeas 74; Nays 13

Those who voted in the affirmative are:

Alexander              Altman                 Anderson, J.
Arthur, J.             Arthur, W.             Aydlette
Bailey, G.             Bailey, K.             Barfield
Bennett                Blackwell              Boan
Brett                  Brown, H.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Cooper
Cork                   Dangerfield            Davenport
Derrick                Evatt                  Faber
Fair                   Foster                 Foxworth
Harvin                 Hawkins                Hayes
Hearn                  Helmly                 Hendricks, B.
Huff                   Johnson, J.C.          Jones
Kay                    Keyserling             Klapman
Lake                   Lewis                  Limehouse
Mangum                 Marchant               Martin, D.
Martin, L.             Mattos                 McAbee
Mitchell               Moss                   Nettles
Ogburn                 Pearce                 Petty
Phillips, L.           Phillips, O.           Rice
Rigdon                 Sharpe                 Shelton
Simpson                Snow                   Stoddard
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Waldrop
Winstead               Woodruff

Total--74

Those who voted in the negative are:

Bradley, J.            Brown, G.              Felder
Ferguson               Gentry                 Gregory
Johnson, J.W.          Lockemy                McEachin
Rawl                   Rogers, J.             Rogers, T.
Sheheen

Total--13

So the amendment was tabled.

Rep. McABEE proposed the following Amendment No. 2 which was tabled.

Amend as and if amended by striking H. 2737 on line 4 and inserting 3279 and 3283.

PARLIAMENTARY INQUIRY

Rep. TOAL inquired if the amendment did other than simply change the time for Special Order consideration.

The SPEAKER Pro Tempore replied it simply altered the time.

Rep. McABEE explained the amendment.

POINT OF ORDER AND PARLIAMENTARY INQUIRIES

Rep. J. BRADLEY raised the Point of Order that the matter was non-debatable and members may not debate the amendments.

Rep. TOAL inquired if that would preclude a member from asking a question of the author of the amendment, as that was different from debate.

Rep. T.M. BURRISS inquired if a Bill was set for Special Order consideration behind Bills which did not have Special Order status, whether that would negate the Special Order status of the Bill.

The SPEAKER Pro Tempore replied that Bills set for Special Order consideration, may be so set to come up in any place on the Calendar, or for a specific time, if it is so stated in the Special Order Resolution.

Rep. T.M. BURRISS moved to table the amendment.

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

Yeas 55; Nays 34

Those who voted in the affirmative are:

Alexander              Altman W.              Aydlette
Bailey, G.             Bailey, K.             Barfield
Bennett                Boan                   Brett
Brown, H.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Chamblee               Cleveland
Cooper                 Cork                   Dangerfield
Davenport              Derrick                Evatt
Faber                  Fair                   Foster
Foxworth               Gregory                Harvin
Hawkins                Hayes                  Hearn
Helmly                 Hendricks, B.          Kay
Klapman                Lake                   Lewis
Limehouse              Marchant               Martin, L.
McEachin               Mitchell               Nettles
Ogburn                 Pearce                 Petty
Rice                   Rigdon                 Sheheen
Shelton                Simpson                Snow
Taylor                 Toal                   Townsend
Wilkins

Total--55

Those who voted in the negative are:

Arthur, J.             Arthur, W.             Beasley
Blackwell              Bradley, J.            Carnell
Felder                 Ferguson               Gentry
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kirsh                  Lockemy
Mattos                 McAbee                 McTeer
Moss                   Neilson                Phillips, L.
Phillips, O.           Rawl                   Rhoad
Rogers, J.             Rogers, T.             Sharpe
Stoddard               Tucker                 Waldrop
Washington             Williams               Winstead
Woodruff

Total--34

So the amendment was tabled.

The question then recurred to the passage of the Resolution, which was agreed to by a division vote of 60 to 13.

H. 3566--AMENDED AND ADOPTED

The following was introduced:

H. 3566 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 344, RELATING TO TWIN TRAILERS, FOR SECOND READING OR OTHER CONSIDERATION, IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF S. 153, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 344 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S. 344 be set by special order for second reading or other consideration, immediately following second reading or other disposition of S. 153 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 344 is given second reading or is otherwise disposed of.

Rep. TOAL explained the Resolution.

Rep. McABEE proposed the following Amendment No. 1, which was adopted.

Amend as and if amended, by striking S. 153 on line 4 and inserting 3279 and 3283.

Rep. McABEE explained the amendment.

Rep. T.M. BURRISS moved to table the amendment which was not agreed to by a division vote of 32 to 50.

Rep. LIMEHOUSE moved that the House do now adjourn.

PARLIAMENTARY INQUIRY

Rep. FELDER inquired if the SPEAKER Pro Tempore would render his ruling on the Point raised the day before.

The SPEAKER Pro Tempore stated that the motion to adjourn must be considered first, and upon completion, he would rule on the Point of Order.

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

Yeas 4; Nays 89

Those who voted in the affirmative are:

Bradley, J.            Foxworth               Limehouse
Rigdon

Total--4

Those who voted in the negative are:

Alexander              Altman                 Anderson, J.
Anderson, S.           Arthur, J.             Aydlette
Bailey, G.             Bailey, K.             Barfield
Beasley                Blackwell              Blanding
Boan                   Brett                  Brown, G.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Cooper
Cork                   Dangerfield            Davenport
Day                    Derrick                Faber
Fair                   Felder                 Gentry
Gilbert                Gregory                Harris, J.
Harvin                 Hawkins                Hayes
Hearn                  Helmly                 Hendricks, B.
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Lake
Lewis                  Lockemy                Mangum
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McLeod
McTeer                 Mitchell               Moss
Neilson                Nettles                Ogburn
Pearce                 Petty                  Phillips, L.
Phillips, O.           Rawl                   Rhoad
Rice                   Rogers, J.             Sharpe
Sheheen                Shelton                Simpson
Stoddard               Taylor                 Thrailkill
Toal                   Townsend               Tucker
Waldrop                Wilkins                Williams
Winstead               Woodruff

Total--89

So the House refused to adjourn.

The question then recurred to the adoption of the amendment.

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

The amendment was then adopted by a division vote of 50 to 15.

Rep. HARVIN proposed the following Amendment No. 2, which was ruled out of order.

Amend as and if amended, insert 153.

POINT OF ORDER

Rep. McABEE raised the Point of Order that the amendment was out of order as it was improperly drawn.

The SPEAKER Pro Tempore sustained the Point, and ruled the amendment was out of order.

The question then recurred to the adoption of the Resolution, as amended, which was agreed to.

S. 129--ADOPTED AND RETURNED TO THE SENATE

The following Concurrent Resolution was taken up.

S. 129 -- Senator Garrison: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ENACT LEGISLATION TO PROHIBIT THE OPERATION OF MOTOR VEHICLES EQUIPPED WITH WINDSHIELD OR WINDOW GLASS WHICH IS TRANSLUCENT FROM ONLY ONE SIDE.

Whereas, it is believed that the regulation of motor vehicles equipped with windshields and window glass which is translucent from only one side is the responsibility of the Federal government because of the interstate operation of the vehicles; and

Whereas, there have been instances of the murder or injury of law enforcement personnel who apprehended operators of vehicles equipped with the glass and who were unable to look into the vehicle and see that the operators were armed with firearms; and

Whereas, the lives of law enforcement officers should be protected from criminals who use glass which is translucent from only one side to conceal their weapons and unlawful activities. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:
That the Congress of the United States is memorialized to enact legislation to prohibit the operation of motor vehicles equipped with windshield or window glass which is translucent from only one side.

Be it further resolved that copies of this resolution be forwarded to the Vice President of the United States, the Speaker of the United States House of Representatives, and to each member of the Congress of the United States representing South Carolina.

Rep. BARFIELD explained the Resolution.

Rep. AYDLETTE objected to the Resolution.

Rep. McABEE moved to table the Resolution which was not agreed to by a division vote of 24 to 43.

The question then recurred to the adoption of the Resolution, which was agreed to and ordered returned to the Senate.

PARLIAMENTARY INQUIRY

Rep. AYDLETTE inquired if five objections would hold consideration of the Concurrent Resolution.

The SPEAKER Pro Tempore stated that objections could be placed on Resolutions when introduced, or when immediate consideration was requested as stated in Rule 5.16. Five objections would then require the Bill be sent to committee. This Resolution was reported out of the Invitations and Memorial Resolutions Committee and was on the Calendar, therefore five objections would not prohibit the Resolution from being considered at this time.

H. 3305--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3305 -- Reps. G. Brown, R. Brown, McKay, Gilbert, Washington, Aydlette, Winstead, Foxworth, Gordon, Moss, Koon, Felder, McBride, Derrick, S. Anderson, P. Bradley, Rigdon, K. Bailey, Cork, Faber, G. Bailey, Limehouse, Russell, Rawl, Day, M.D. Burriss, Jones, Sharpe, Freeman, Boan and Mitchell: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT SUITABLE LEGISLATION TO MODIFY THE FIFTY-FIVE MILE-PER-HOUR SPEED LIMIT ON THE INTERSTATE AND MAJOR HIGHWAY SYSTEMS OF THE NATION TO PERMIT A MAXIMUM SPEED OF SEVENTY MILES PER HOUR IN THE DAYTIME AND SIXTY-FIVE MILES PER HOUR IN THE NIGHTTIME.

Whereas, the fifty-five mile-per-hour speed limit on all interstate and major highway systems was enacted by Congress in 1974 during the Arab oil embargo; and

Whereas, it has become increasingly apparent that the effectiveness of the fifty-five mile-per-hour speed limit as a safety improvement measure is not clearly identifiable; and

Whereas, driving operations have altered and traffic volumes and patterns of travel have also changed which have influenced traffic flow and have also contributed to improved levels of safety; and

Whereas, the present speed limit of fifty-five miles per hour is now becoming in and of itself a highway hazard, particularly in the absence of strict uniform nationwide enforcement; and

Whereas, it is in the best interest of the prudent driving public that the maximum speed limits on the interstate and major highway systems be expanded from the present limits. Now, therefore,

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

That Congress is memorialized to enact suitable legislation to modify the fifty-five mile-per-hour speed limit on the interstate and major highway systems of the nation to permit a maximum speed of seventy miles per hour in the daytime and sixty-five miles per hour in the nighttime.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and members of the congressional delegation from South Carolina.

The Concurrent Resolution was adopted by a division vote of 37 to 35 and ordered returned to the Senate.

H. 3542--SPEAKER PRO TEMPORE'S RULING
AND POINT OF ORDER

In reference to a Point of Order raised on Tuesday by Rep. FELDER, that a Bill may not be set for Special Order before it has been placed on the Calendar and printed, the SPEAKER Pro Tempore referred to Rule 6.14b, which states "Special order on all other bills on the Calendar shall be set only by written resolution, which has been referred to the Rules Committee or originates therein, ...".
He also referred to precedent of May 29, 1974, Speaker Carter ruled that you could not circumvent the Rules of the House by setting a Bill for Special Order, and to precedent of March 26, 1980, SPEAKER Pro Tempore Schwartz ruled that a Bill must be on the Calendar to be set for Special Order. He then sustained Rep. FELDER's Point of Order.

Rep. SHEHEEN then moved to reconsider the vote whereby H.3542, which set S. 459 for Special Order, was adopted.

Rep. FELDER then raised the Point of Order that as the Resolution was out of order, the motion to reconsider was out of order.

The SPEAKER Pro Tempore sustained the Point of Order.

The SPEAKER Pro Tempore stated a Bill must be printed on the Calendar before it may be set for Special Order. If in fact, the House did otherwise, it would preclude a member's right to raise the 24-hour point of order, and have time to read the matter.

Rep. SHEHEEN inquired as to the posture of H. 3542.

The SPEAKER Pro Tempore ordered the Resolution referred to the Rules Committee.

REPORT OF STANDING COMMITTEE

Rep. TOAL, from the Committee on Rules, submitted a favorable report, on:

H. 3542 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 459, THE OMNIBUS CRIME BILL, FOR SECOND READING OR OTHER CONSIDERATION AT 10:30 A.M. ON FEBRUARY 27, 1986, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER OF S. 459 UNTIL SECOND READING OR OTHER DISPOSITION.

POINT OF ORDER

Rep. FELDER raised the Point of Order that the Resolution had just been placed on the desk, and was circumventing the orderly process of the House. He made the further Point that the Resolution had not been presented to the Rules Committee and had not been voted upon at this juncture, but had been voted upon before it had been placed on the Calendar.

Rep. TOAL argued that the proposition had been voted upon by the Committee, and no point was raised therein as to the propriety of the Rules Committee considering the Resolution. She further argued that no Point could be raised on the floor of the House with respect to consideration of a matter within the Committee, and stated there were precedents upon this point.

Rep. SHEHEEN stated that it would have been proper for a member of the Rules Committee to raise the Point of Order in Committee that the Resolution was out of order as the Bill had not been placed on the Calendar and printed. As the Point was not raised at that time, it has no effect on the Resolution itself, the Resolution is a proper report of the Rules Committee and must be considered as such as the Bill had now been printed and placed on the Calendar.

The SPEAKER Pro Tempore, citing Rule 6.14b, stated that the report of the Rules Committee was proper, the Bill had been printed and was on the Calendar, and he overruled the Point of Order.

H. 3542--ADOPTED

The following Resolution was taken up for immediate consideration.

H. 3542 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 459, THE OMNIBUS CRIME BILL, FOR SECOND READING OR OTHER CONSIDERATION AT 10:30 A.M. ON FEBRUARY 27, 1986, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER OF S. 459 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S. 459 be set by special order for second reading or other consideration at 10:30 A.M. on February 27, 1986, and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 459 is given second reading or it is otherwise disposed of.

Rep. TOAL explained the Resolution.

The Resolution was adopted.

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

Further proceedings were interrupted by adjournment.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3541 -- Reps. J.W. Johnson and Stoddard: A CONCURRENT RESOLUTION TO CONGRATULATE THE JOHN SIMMONS FAMILY OF LAURENS COUNTY ON BEING SELECTED AS FARM FAMILY OF THE YEAR BY THE CLEMSON EXTENSION SERVICE AND TO EXTEND HEARTIEST BEST WISHES.

H. 3546 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE JOSEPH CANTEY ELLIOTT OF CLARENDON COUNTY, HISTORIAN, EDUCATOR, AND AUTHOR, ON THE PUBLICATION OF HIS BOOK, LEE'S NOBLE SOLDIER, RICHARD HERON ANDERSON, AND TO COMMEND HIM FOR THE EXCEPTIONAL SERVICE HE HAS RENDERED TO THE CITIZENS OF THIS STATE AND THE NATION.

ADJOURNMENT

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

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