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

WEDNESDAY, APRIL 9, 1986

Wednesday, April 9, 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:

Eternal Father, we thank You for these moments of prayer when the veil is lifted and the barriers lowered as we draw near to our God. May the time of prayer and the time of work be interwoven, as we would do both to Your honor. Make of us good and effective workmen, upholding what is right, correcting what is wrong. Amid the busy pace of things visible and temporal may we always be inspired by Him Who is invisible and eternal. When we cannot see the distant scene, help us to take one step at a time and trust our God for the rest.

Thank You, good Lord, that You promise to hear us when we pray. Amen.

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

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

RULES AND REGULATIONS WITHDRAWN

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 8, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 638)

Dear Lois:

The South Carolina Department of Labor is hereby withdrawing regulations relating to Amusement Rides, effective April 4, 1986.

These regulations have been referred to the Labor, Commerce and Industry Committee.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

RULES AND REGULATIONS WITHDRAWN
AND RESUBMITTED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

April 8, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 658)

Dear Lois:

The South Carolina Board of Occupational Therapy is hereby withdrawing and simultaneously resubmitting regulations relating to Definitions, License Requirements, Examinations and Fees, and Professional Conduct, effective April 4, 1986.

These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., April 8, 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 S. 1192:

S. 1192 -- Senators Nell W. Smith and J. Verne Smith: A BILL TO AMEND SECTION 61-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF AND REQUIREMENTS FOR THE ISSUANCE OF A BEER OR WINE PERMIT, SO AS TO PROVIDE THAT THE ALCOHOLIC BEVERAGE CONTROL COMMISSION MAY CONSIDER GEOGRAPHIC DISTANCE TO RESIDENCES, SCHOOLS, CHURCHES, BUSINESSES, OR OTHER PLACES OR LOCATIONS, AND MAY DENY A PERMIT BASED ON DISTANCE ONLY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 37

Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 3704 -- Rep. Cooper: A BILL TO AMEND SECTION 40-25-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL OF HEARING AID DEALERS AND FITTERS' LICENSES AND THE CONTINUING EDUCATION REQUIREMENTS IN ORDER TO MAINTAIN A LICENSE, SO AS TO REVISE THE MANNER IN WHICH THE COMMISSION OF HEARING AID DEALERS AND FITTERS APPROVES CONTINUING EDUCATION TRAINING PROGRAMS.

Ordered for consideration tomorrow.

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

H. 3717 -- Reps. M.D. Burriss and T. Rogers: A BILL TO AMEND SECTION 16-17-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL TATTOOING, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL FOR A LICENSED PHYSICIAN OR SURGEON TO TATTOO PART OF A PATIENT'S BODY IF IN HIS MEDICAL OPINION IT IS NECESSARY WHEN PERFORMING COSMETIC OR RECONSTRUCTIVE SURGERY.

Ordered for consideration tomorrow.

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

S. 341 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION AND VOLUNTARY SETTLEMENTS, SO AS TO PROVIDE THAT A COPY OF THE SETTLEMENT AGREEMENT MUST BE FILED WITH AND APPROVED BY ONLY ONE MEMBER OF THE INDUSTRIAL COMMISSION UNDER CERTAIN CONDITIONS AND BY THREE MEMBERS OF THE INDUSTRIAL COMMISSION UNDER CERTAIN OTHER CONDITIONS.

Ordered for consideration tomorrow.

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

S. 407 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, AMOUNT OF WEEKLY COMPENSATION FOR TOTAL DISABILITY UNDER WORKERS' COMPENSATION AND WHAT CONSTITUTES TOTAL AND PERMANENT DISABILITY, SO AS TO CHANGE THE AMOUNT OF THE MINIMUM WEEKLY PAYMENT AND TO PROVIDE FOR THE METHOD OF COMPUTING IT.

Ordered for consideration tomorrow.

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

S. 907 -- Senators Hayes, Applegate, Land and Long: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 16 SO AS TO PROVIDE FOR DISCLOSURE TO PURCHASERS OF INFORMATION CONCERNING FINE PRINTS SOLD IN LIMITED EDITIONS TO ENABLE PURCHASERS TO PROPERLY ASSESS THE VALUE OF THEM AND PROVIDE FOR CIVIL RELIEF AGAINST SELLERS WHO VIOLATE THE PROVISIONS OF THE CHAPTER.

Ordered for consideration tomorrow.

Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

H. 3436 -- Reps. McLeod, McEachin and Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-160 SO AS TO REGULATE THE CHOOSING OF PARTICIPANTS IN PUBLIC HUNTS ON STATE OWNED OR CONTROLLED PROPERTY.

Ordered for consideration tomorrow.

Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

H. 3512 -- Reps. Altman, Snow and Pearce: A BILL TO AMEND SECTION 50-17-890, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF WHOLESALE SHELLFISH DEALERS, SO AS TO PROVIDE AN ADDITIONAL PENALTY WHICH REQUIRES ANY PERSON WHO REFUSES TO MAKE OPEN AND AVAILABLE ACCURATE RECORDS, BOOKS, OR ACCOUNTS, REQUIRED BY THIS SECTION TO LAW ENFORCEMENT OFFICERS OR DIVISION OF MARINE RESOURCES PERSONNEL, GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL HAVE HIS LICENSE OR PERMIT, OR BOTH, SUSPENDED FOR A PERIOD OF THIRTY DAYS FROM THE DATE OF CONVICTION.

Ordered for consideration tomorrow.

Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

H. 3718 -- Reps. Snow, Waldrop, Foxworth, Rhoad, Bennett, Koon, Thrailkill, K. Bailey, Barfield, Beasley, G. Brown, R. Brown, Pearce, Mitchell, Rice, McKay, Gilbert, McEachin, H. Brown, Elliott, Carnell and McAbee: A BILL TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

H. 3766 -- Rep. Snow: A JOINT RESOLUTION TO REQUIRE THE PAYMENT OF THE ENTIRE AMOUNT OF CLAIMS FILED PRIOR TO MAY 31, 1986, UNDER SECTION 46-41-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, INSTEAD OF THE PAYMENT OF THE PERCENTAGES OF CLAIMS PROVIDED IN SECTION 46-41-230.

Ordered for consideration tomorrow.

Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

S. 542 -- Senator Waddell: A BILL TO AMEND SECTION 50-13-1935, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR STOCKING OF FISH IN PRIVATE NONNAVIGABLE WATERS, SO AS TO PROVIDE THAT THE FEES MUST BE USED FOR THE CHERAW FISH HATCHERY PRIVATE POND FISH STOCKING PROGRAMS.

Ordered for consideration tomorrow.

Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

S. 1044 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-148 SO AS TO PROHIBIT THE OBSTRUCTION OF WHARFS, DOCKS, PIERS, BOAT RAMPS, AND ACCESS TO THEM; TO PROVIDE FOR THE REMOVAL OF VEHICLES, VESSELS, OR OTHER OBSTRUCTING OBJECTS; TO PROVIDE FOR THE ERECTION OF SIGNS ADVERTISING THE PROHIBITION; AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

S. 1055 -- Senators Ravenel, Applegate, Fielding, McConnell and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2775 SO AS TO DESIGNATE THE LANDS AND WATERS IN CHARLESTON HARBOR AND ITS ADJACENT ESTUARINE SYSTEM IN CHARLESTON COUNTY A WILDLIFE SANCTUARY.

Ordered for consideration tomorrow.

Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

S. 1077 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO PROVIDE FOR THE CLOSURE OF CALIBOGUE, PORT ROYAL, AND ST. HELENA SOUNDS TO TRAWLING FOR THE YEARS 1986 AND 1987 AND TO PROVIDE FOR REVIEW OF THE CLOSURE BY THE GENERAL ASSEMBLY DURING THE 1988 SESSION OF THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1219 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE LOYD H. LOVELACE OF CHEROKEE COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1220 -- Senators Doar, Applegate, Branton, Bryan, Courson, Dennis, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, E.J. Patterson, K. Patterson, Peeler, Pope, Powell, Ravenel, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Theodore, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE THE MANY ACCOMPLISHMENTS AND YEARS OF DEDICATED SERVICE OF GEORGE WILLIAM DUDLEY, JR., EXECUTIVE DIRECTOR OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, ON THE OCCASION OF HIS RETIREMENT.

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. 1221 -- Senators Setzler, Wilson and Shealy: A CONCURRENT RESOLUTION CONGRATULATING THE IRMO AMERICAN LEGION BASEBALL TEAM UPON WINNING THE 1985 STATE CHAMPIONSHIP AND FOR BEING RUNNER-UP IN THE REGION 3 SOUTHEASTERN DIVISION IN CHERRYVILLE, NORTH CAROLINA.

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

INTRODUCTION OF BILLS

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

H. 3771 -- Reps. Hawkins, S. Anderson, Faber, Woodruff, Sharpe, Kay, Aydlette, Jones, J.C. Johnson, Wilkins, J. Rogers, Mitchell, K. Bailey, Harvin, White, McBride, Waldrop, Chamblee, McLellan, J. Bradley, J. Arthur, Gordon, B.L. Hendricks, J. Brown, Bennett, Kirsh, Taylor, Mattos, Thrailkill, Cooper, J. Harris, Townsend, Winstead and Huff: A BILL TO PERMIT ANY PERSON UNDER CERTAIN CONDITIONS TO SELECT THE DENTIST OF HIS CHOICE; TO PROVIDE THAT ANY LICENSED DENTIST IN THIS STATE MAY PARTICIPATE IN SUCH SELECTION; TO PROVIDE FOR THE DISSEMINATION OF BENEFIT INFORMATION, FOR METHODS OF PAYMENT FOR DENTAL CARE SERVICE, AND FOR THE RIGHT OF ANY DENTIST LICENSED IN THE STATE TO PARTICIPATE AS A CONTRACTING PROVIDER IN ANY PREPAYMENT PLAN; AND TO PROHIBIT DISCRIMINATION IN REIMBURSEMENT TO NONCONTRACTING PROVIDERS.

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

H. 3772 -- Rep. Gregory: A BILL TO ALTER THE COUNTY LINES OF CHARLESTON AND COLLETON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO COLLETON COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.

Referred to Committee on Judiciary.

H. 3773 -- Reps. Kirsh, Freeman, Foster, Hayes and Mangum: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-1-15 SO AS TO REQUIRE A PERMIT FROM THE STATE BUDGET AND CONTROL BOARD PRIOR TO BUILDING ANY STRUCTURE TO DAM OR IMPOUND WATERS OF A NAVIGABLE STREAM OR TO DIVERT WATERS FROM A NAVIGABLE STREAM TO GENERATE HYDROELECTRICITY AND TO PROVIDE AN EXCEPTION TO PROJECTS SUBJECT TO CHAPTER 33 OF TITLE 58 (UTILITY FACILITY SITING AND ENVIRONMENTAL PROTECTION ACT) AND TO EXEMPT PROJECTS WHERE THE PROJECT DEVELOPER WITHOUT EXERCISING CONDEMNATION IS THE EXISTING OWNER AND PROJECTS WHICH DO NOT EXCEED SIXTY ACRES INCLUDING IN BOTH CASES INUNDATED LAND.

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

H. 3774 -- Reps. Townsend, Kay, Kirsh and McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-175 SO AS TO PROVIDE THAT EVERY BUILDING PAID FOR IN WHOLE OR IN PART BY STATE FUNDS MUST HAVE A ROOF WITH A MINIMUM SLOPE OF ONE INCH A FOOT.

Referred to Committee on Education and Public Works.

S. 1090 -- Senator Lourie: A BILL TO AMEND SECTION 58-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT THE AUTHORITIES ARE EXEMPT FROM PROVISIONS GOVERNING SPECIAL PURPOSE DISTRICTS AND TO REDEFINE "PUBLIC TRANSPORTATION"; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO REGIONAL TRANSPORTATION AUTHORITY BONDS, SO AS TO PROVIDE FOR BOARD REPRESENTATION BASED ON A COUNTY'S FINANCIAL CONTRIBUTION; AND TO AMEND ACT 169 OF 1985, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO CLARIFY BUDGET PROCEDURES FOR AUTHORITIES IN EXISTENCE PRIOR TO JULY 1, 1985.

Referred to Committee on Education and Public Works.

S. 1109 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 IN CHAPTER 23 OF TITLE 58, SO AS TO ENACT THE PUBLIC TRANSPORTATION PASSENGER RIGHTS ACT AND PROVIDE PENALTIES FOR VIOLATION.

Referred to Committee on Education and Public Works.

S. 1120 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAW OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-125 SO AS TO PRESCRIBE CRITERIA TO BE USED BY THE MARINE RESOURCES DIVISION TO REGULATE FISHING SEASONS, AREAS, TIMES, EQUIPMENT, AND EFFORT; AND TO IMPOSE REQUIREMENTS RELATIVE TO NOTICE OF CHANGES IN FISHERIES MANAGEMENT.

Referred to Committee on Agriculture and Natural Resources.

S. 1121 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, RELATING TO NUISANCE ALLIGATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 575, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Referred to Committee on Agriculture and Natural Resources.

S. 1122 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-115 SO AS TO PROHIBIT THE USE OF GILL NETS IN THE WATERS OF THE STATE FROM THE SALTWATER-FRESHWATER DIVIDING LINE SEAWARD, EXCEPT AS PERMITTED BY ARTICLE 15 OF CHAPTER 17 OF TITLE 50, TO AMEND SECTIONS 50-17-1050, AS AMENDED, AND 50-17-1055, RELATING TO DISTANCE BETWEEN NETS OR SEINES AND PUBLIC FISHING PIERS AND MANMADE JETTIES AND BETWEEN OTHER NETS AND SEINES, SO AS TO ELIMINATE REFERENCES TO GILL NETS, AND TO REPEAL SECTIONS 50-13-715, 50-17-1035, 50-17-1040, 50-17-1061, AND 50-17-1066, RELATING TO GILL NETS, ANCHOR NETS, OR SEINES.

Referred to Committee on Agriculture and Natural Resources.

S. 1139 -- Senator Setzler: A BILL TO AMEND ACT 201 OF 1977, AS AMENDED, RELATING TO THE LICENSING AND REGULATION OF NONPUBLIC EDUCATIONAL INSTITUTIONS, SO AS TO PROVIDE THE REQUIREMENTS OF LICENSURE, TO PROVIDE FOR AMENDMENT OF A LICENSE, AND TO LIMIT THE PROGRAMS THAT MAY BE OFFERED.

Referred to Committee on Education and Public Works.

S. 1160 -- Senators Ravenel, E. Patterson, Theodore and Nell W. Smith: A BILL TO AMEND SECTION 12-7-435, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED IN DETERMINING SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW A TWO THOUSAND DOLLAR DEDUCTION TO A TAXPAYER WHO HAS ADOPTED A "SPECIAL NEEDS CHILD" AND FURNISHES THE CHILD'S CHIEF SUPPORT, AND TO DEFINE THE TERM "SPECIAL NEEDS CHILD".

Referred to Committee on Ways and Means.

S. 1189 -- Senators Lee and Hinson: A BILL TO AMEND SECTION 23-31-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PERSONS TO SELL PISTOLS AT RETAIL AS DEALERS, SO AS TO REQUIRE AS A PREREQUISITE FOR ISSUANCE OF A LICENSE THAT THE APPLICANT HAVE A CURRENT FEDERAL FIREARMS LICENSE AND MAINTAIN THE FEDERAL LICENSE TO CONTINUE TO HOLD HIS STATE DEALER'S LICENSE.

Referred to Committee on Judiciary.

S. 1190 -- Senators Lee and Hinson: A BILL TO AMEND SECTION 23-31-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE ISSUANCE OF PERMITS TO CARRY A PISTOL, SO AS TO REQUIRE THE APPLICANT FOR A PERMIT TO SUBMIT A SET OF FINGERPRINTS TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION.

Referred to Committee on Judiciary.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on April 9, 1986.

A. Victor Rawl                    Frank Gilbert
Tee Ferguson                      T.W. Edwards
Thomas E. Huff                    E. LeRoy Nettles, Jr.
Denny W. Neilson                  James E. Lockemy
Tom Marchant                      Joe Anderson, Jr.
Lewis Phillips                    Sterling Anderson
Rick Rigdon                       Tom G. Woodruff, Jr.
Warren Arthur                     Larry Gentry
Lenoir Sturkie                    Charles Griffin III
Total Present--119

STATEMENT OF ATTENDANCE

Reps. HARVIN and HUFF signed a statement with the Clerk that they came in after the roll call and were present for the Session on Thursday, April 3, 1986.

SENT TO THE SENATE

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

H. 3752 -- Reps. R. Brown and McLeod: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR MARION COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF MARION COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

ORDERED TO THIRD READING

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

H. 3765 -- Rep. G. Bailey: A BILL TO ALTER THE BOUNDARIES OF SCHOOL DISTRICT NOS. 1 AND 3 IN DORCHESTER COUNTY, SO AS TO INCLUDE THE ROSINVILLE COMMUNITY WITHIN SCHOOL DISTRICT NO. 1.

H. 3445 -- Reps. Blackwell, Beasley, Foxworth, McBride, Klapman, Cooper, Simpson, P. Harris, Kay, K. Bailey, T. Rogers, J. Anderson, L. Martin, Hayes, Mitchell, Day, Winstead, Lake, Shelton, Mattos, Gregory, Taylor, Townsend, Tucker, Woodruff, O. Phillips, Limehouse, Griffin, L. Phillips, Cork, Mangum, McKay, Barfield, J. Arthur, G. Bailey, R. Brown, Kirsh, Foster, Jones, McLellan, Washington, Rawl, Rice, Ferguson and Fair: A BILL TO AMEND ACT 462 OF 1978, AS AMENDED, RELATING TO THE DEFINITION OF HANDICAPPED PERSONS FOR PURPOSES OF FREE PARKING FOR THESE PERSONS SO AS TO REVISE THIS DEFINITION.

H. 3744 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 38-59-140 THROUGH 38-59-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PATIENTS' COMPENSATION FUND FOR THE BENEFIT OF LICENSED HEALTH CARE PROVIDERS, SO AS TO CHANGE THE METHOD BY WHICH PROVIDERS MAY PARTICIPATE IN THE FUND; REQUIRE THAT IN ADDITION TO ANNUAL MEMBERSHIP FEES, THE BOARD MAY MAKE DEFICIT ASSESSMENTS WHEN INSUFFICIENT FUNDS ARE AVAILABLE TO MEET THE FUND'S LIABILITY, TO PROVIDE THAT MEMBERSHIP IN THE FUND IS CONTINGENT UPON THE FUND MEMBER MAKING TIMELY PAYMENTS OF ALL MEMBER FEES AND DEFICIT ASSESSMENTS; DELETE THE REQUIREMENT THAT THE STATE TREASURER MUST INVEST AND REINVEST THE FUND IN SHORT-TERM INTEREST BEARING INVESTMENTS; DELETE THE REQUIREMENT THAT REPORTS OF AUDITS OF THE FUND BE PREPARED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, TO PROVIDE A PROCEDURE BY WHICH HEALTH CARE PROVIDERS MAY WITHDRAW FROM PARTICIPATION IN THE FUND; DELETE THE PROVISION THAT A PROVIDER PARTICIPATING IN THE FUND IS LIABLE FOR LOSSES UP TO THE AMOUNT OF ITS COVERAGE AND TO AUTHORIZE THE PROVIDER TO RECEIVE AN APPROPRIATE REDUCTION OF ITS ASSESSMENT OF THE FUND; AND DELETE THE REQUIREMENT THAT ANY PERSON AFFECTED BY ANY RULING, ACTION, OR DECISION BY OR ON BEHALF OF THE FUND MAY APPEAL TO THE COMMISSION WITHIN THIRTY DAYS AND TO ADD THE PROVISION THAT ANY RULING, ACTION, OR DECISION BY OR ON BEHALF OF THE FUND IS SUBJECT TO REVIEW AS PROVIDED IN SECTION 1-23-380.

Rep. OGBURN explained the Bill.

H. 3748 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 37-4-301, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND LIABILITY INSURANCE, SO AS TO PROVIDE THAT ANY CHARGE FOR INSURANCE AGAINST LOSS OF OR DAMAGE TO PROPERTY MAY BE SUBJECT TO A MINIMUM CHARGE OF TWO DOLLARS.

Rep. OGBURN explained the Bill.

H. 3749 -- Reps. Lloyd I. Hendricks and Evatt: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE AUTHORIZATION OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE ADDITIONAL REVENUE BONDS FOR STADIUM EXPANSION, SO AS TO AUTHORIZE THE BOARD TO ISSUE SPECIAL OBLIGATION BONDS TO PAY FOR THE COST OF VARIOUS UNIVERSITY-OWNED ATHLETIC FACILITIES IN ADDITION TO THE IMPROVEMENTS AUTHORIZED FOR WILLIAMS BRICE STADIUM.

Rep. EVATT explained the Bill.

H. 3764 -- Rep. Schwartz: A BILL TO AMEND AN ACT OF 1986 BEARING RATIFICATION NUMBER 376, RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO PROVIDE THAT NO BAIL BONDSMAN OR RUNNER IS REQUIRED TO BE LICENSED UNDER THE PROVISIONS OF CHAPTER 63 OF TITLE 38 UNTIL JULY 1, 1986, INSTEAD OF MAY 1, 1986.

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

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

OBJECTION TO MOTION

Rep. OGBURN asked unanimous consent that H. 3744 be read a third time tomorrow.

Rep. J. BRADLEY objected.

H. 3748--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. OGBURN, with unanimous consent, it was ordered that H. 3748 be read the third time tomorrow.

H. 3749--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. EVATT, with unanimous consent, it was ordered that H. 3749 be read the third time tomorrow.

H. 3301--OBJECTIONS

The following Bill was taken up.

H. 3301 -- Rep. R. Brown: A BILL TO AMEND SECTION 23-35-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE OR PERMIT REQUIRED OF WHOLESALE DISTRIBUTORS, JOBBERS, AND RETAILERS SELLING FIREWORKS, SO AS TO PROVIDE THAT THE STATE BOARD OF PYROTECHNIC SAFETY INSTEAD OF THE STATE FIRE MARSHAL SHALL REGULATE THESE LICENSES, TO INCREASE THE RETAILERS ANNUAL LICENSE FEE FROM FIFTY TO ONE HUNDRED TWENTY-FIVE DOLLARS, TO DELETE THE REQUIREMENT THAT A RETAILER'S LICENSE OR PERMIT MUST BE OBTAINED FROM THE MUNICIPAL CLERK OR FROM THE COUNTY CLERK OF COURT, DEPENDING ON THE LOCATION OF THE SALE, AND REQUIRE THE STATE BOARD OF PYROTECHNIC SAFETY TO APPROVE ALL RETAIL LICENSES, AND TO DELETE THE PROVISIONS AUTHORIZING A COUNTY OR MUNICIPALITY TO RETAIN FUNDS DERIVED FROM THE SALE OF PERMITS.

Rep. J. BRADLEY objected to the Bill.

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

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

Reps. HOLT and RAWL objected to the Bill.

H. 3320--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3320 -- Rep. T.M. Burriss: A BILL TO AMEND ACT 188 OF 1985, RELATING TO THE REGULATION OF FIRE PROTECTION SPRINKLER SYSTEMS, SO AS TO PROVIDE THAT THE REQUIREMENT THAT AN APPLICANT HAVE A NICET LEVEL III CERTIFICATE HOLDER WHO IS AT PRESENT IN A FULL-TIME POSITION OR IN A MANAGEMENT POSITION IS WAIVED UNTIL JANUARY 31, 1987, IF THE APPLICANT IN A SWORN AFFIDAVIT DECLARES THAT AT LEAST ONE PERSON WHO IS NOW IN A FULL-TIME POSITION OR IN A MANAGEMENT POSITION IS CURRENTLY IN THE PROCESS OF TAKING THE TEST REQUIRED TO OBTAIN NICET LEVEL III CERTIFICATION AND TO PROVIDE THAT A VIOLATION OF THIS ACT OR FAILURE TO COMPLY WITH A CEASE AND DESIST ORDER IS CAUSE FOR REVOCATION OF A LICENSE INSTEAD OF THE STATE FIRE MARSHAL'S CERTIFICATE.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was introduced on Thursday, April 3, 1986, by the Committee on Labor, Commerce, and Industry.

Rep. T.M. BURRISS explained the amendment.

The amendment was then adopted.

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

H. 3320--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that H. 3320 be read the third time tomorrow.

H. 2564--POINT OF ORDER

The following Bill was taken up.

H. 2564 -- Reps. Sheheen, Gordon, Gregory, Mangum and White: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF THE GOVERNMENT, BY ADDING CHAPTER 18, SO AS TO PROVIDE FOR DEFINITIONS OF CERTAIN TERMS IN THE CHAPTER; FOR THE STATE REORGANIZATION COMMISSION TO REVIEW THE REGULATION OF CERTAIN OCCUPATIONS; FOR PUBLIC HEARINGS TO BE HELD AS TO WHETHER THE OCCUPATION SHOULD BE REGULATED AND FOR THE COMMISSION TO CONSIDER PROPOSALS FOR REGULATION; FOR WAIVING OF THE HEARING BY TWO-THIRDS OF THE MEMBERS OF THE STANDING COMMITTEE TO WHICH A BILL REGULATING AN OCCUPATION IS REFERRED; FOR NOTICE OF THE HEARING TO THE PUBLIC AND OTHERS AFFECTED BY REGULATION; FOR FACTORS TO BE CONSIDERED BY THE COMMISSION IN EVALUATING WHETHER AN OCCUPATION SHOULD BE REGULATED; FOR THE VARIOUS DEGREES OF REGULATION TO BE CONSIDERED IF THE COMMISSION DETERMINES THAT EXISTING REMEDIES DO NOT ADEQUATELY PROTECT THE PUBLIC HEALTH, SAFETY, OR WELFARE; AND FOR THE COMMISSION TO MAKE RECOMMENDATIONS IN WRITING TO THE GENERAL ASSEMBLY AS TO HOW THE OCCUPATIONS SHOULD BE REGULATED.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3454R):

Amend the bill, as and if amended, commencing on line 4 of page 2 by striking Section 1-18-20 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 1-18-20. Upon the filing of any bill proposing to regulate an occupation not regulated by the State, the subcommittee of the standing committee of the House of Representatives or the Senate to which the bill has been referred may request that the Commission conduct the public hearing or that the Commission assist the subcommittee in conducting the public hearing. Upon the request of the subcommittee, the Commission may hold hearings for the purpose of determining whether or not occupations not regulated by the State should be regulated. The Commission may also hold hearings for the purpose of determining whether there should be changes in laws relating to occupations regulated by the State to include the expansion of the definition of a profession which adds functions that require licensure. The proposed changes may include recommendations for insuring continued competency by persons engaged in occupations regulated by the State, recommendations for changes in the nature of the regulation, or recommendations for eliminating regulation of the occupation. The Commission may hold hearings and consider proposals for regulation and changes in the regulation of any number of occupations at the same time./

Amend further commencing on line 1 of page 3 by striking Section 1-18-30 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 1-18-30. When requested by the subcommittee, the Commission shall provide notice of the hearings to the public and to any organizations or state agencies or boards whose members could reasonably be expected to be affected by any proposed regulation or changes in regulation. In addition, the Commission may solicit the participation, as part of the review panel, representatives of state agencies currently authorized to regulate a profession related to that under review. The subcommittee, as referred to in Section 1-18-70, shall sit in conjunction with the Reorganization Commission at the hearings. Upon receipt of testimony at the hearing, and pursuant to any other research or inquiries it considers appropriate, the Reorganization Commission shall report its findings and conclusions to the subcommittee of the Senate and the House, as referred to in Section 1-18-70./

Amend further, commencing on the last line of page 5, by striking Section 1-18-70 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 1-18-70. All recommendations formulated by the Commission must be based upon evidence gathered by the Commission in public hearings from testimony submitted orally or in writing by interested parties including the Commission and upon evidence compiled by the Commission in studies conducted by the Commission. The recommendations of the Commission must be made in writing and delivered to the chairman of the subcommittee of the standing committee of the House of Representatives or the Senate to which a bill proposing to regulate an occupation has been referred. Copies of the Commission's recommendations must also be delivered to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Governor. Copies of the Commission's recommendations must be mailed to any person who has made a request concerning occupational regulation that was considered by the Commission. If the Commission recommends no changes with respect to the regulation of an occupation, the Commission shall notify by mail any person who has requested that regulations or changes be recommended./

Amend further by adding at the end of SECTION 1, after line 16, page 6:

/Section 1-18-80. The existence of any state agency that may be scheduled for termination under Act 608 of 1978 may be reauthorized by the General Assembly for periods not to exceed six years, excluding the year of termination. Reauthorization is effective only upon the enactment of a joint resolution of reauthorization. Any newly created regulatory agency or occupational or professional licensing board created as the result of this act shall exist for a period not to exceed six years, excluding the year of termination, or a lesser period of time, if so designated by the General Assembly at the time of its creation. At the end of the period, each newly created agency or board is subject to review, pursuant to the provisions of Act 608 of 1978./

Amend title to conform.

Rep. LOCKEMY explained the amendment.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3507--OBJECTIONS AND POINT OF ORDER

The following Bill was taken up.

H. 3507 -- Reps. Cooper, Kay, Blackwell, Chamblee and Evatt: A BILL TO PROVIDE THAT NO HEALTH MAINTENANCE ORGANIZATION MAY PROHIBIT ANY LICENSED PHYSICIAN, PODIATRIST, OPTOMETRIST, OR ORAL SURGEON FROM PARTICIPATING AS A PROVIDER IN THE ORGANIZATION ON THE BASIS OF HIS PROFESSION.

Reps. TOAL and KEYSERLING objected to the Bill.

POINT OF ORDER

Rep. L. MARTIN 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. 3551--OBJECTIONS AND POINT OF ORDER

The following Bill was taken up.

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.

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

POINT OF ORDER

Rep. KEYSERLING 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. 3762--POINT OF ORDER

The following Bill was taken up.

H. 3762 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND CHAPTER 47, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGULATION OF RESPIRATORY CARE, TO CREATE THE RESPIRATORY CARE COMMITTEE AND PROVIDE ITS RESPONSIBILITIES, TO PROVIDE FEES, AND TO PROVIDE PENALTIES.

Rep. J. BRADLEY explained the Bill.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

S. 1132 -- Senator Matthews: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF HARLEYVILLE-RIDGEVILLE SCHOOL DISTRICT NO. 3 OF DORCHESTER COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO A SPECIFIED LIMIT FOR CERTAIN PURPOSES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

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

H. 3671--OBJECTIONS WITHDRAWN

Reps. BLACKWELL, G. BAILEY and TUCKER withdrew their objections to H. 3671 however, other objections remained upon the Bill.

H. 2355--OBJECTION WITHDRAWN

Rep. O. PHILLIPS withdrew his objection to H. 2355 however, other objections remained upon the Bill.

H. 2807--OBJECTION WITHDRAWN

Rep. TAYLOR withdrew his objection to H. 2807 however, other objections remained upon the Bill.

H. 3325--ORDERED TO THIRD READING

Upon the withdrawal of objections by Reps. GORDON and DANGERFIELD the following Joint Resolution was taken up.

H. 3325 -- Rep. Hawkins: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF BARBER EXAMINERS AND THE STATE BOARD OF COSMETOLOGY.

Rep. GREGORY proposed the following Amendment No. 2 (Doc. No. 2930R), which was adopted.

Amend the bill, as and if amended, by adding after Section 1:

/SECTION 2. Any person who is licensed as a master haircare specialist on the effective date of this act may have his license renewed annually upon payment of the required license fee./.

Renumber sections to conform.

Amend title to conform.

Rep. GREGORY explained the amendment.

The amendment was then adopted.

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

H. 3325--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. HAWKINS, with unanimous consent, it was ordered that H. 3325 be read the third time tomorrow.

H. 2284--OBJECTION WITHDRAWN

Rep. G. BAILEY withdrew his objection to H. 2284 however, other objections remained upon the Bill.

H. 2915--OBJECTION WITHDRAWN

Rep. McABEE withdrew his objection to H. 2915 however, other objections remained upon the Bill.

H. 3345--OBJECTION WITHDRAWN

Rep. DAVENPORT withdrew his objection to H. 3345 however, other objections remained upon the Bill.

H. 2807--OBJECTION

Rep. J. BROWN, with unanimous consent, objected to the following Bill.

H. 2807 -- Reps. Foster, B. Hendricks, P. Harris, Gulledge, McAbee, Carnell, Blackwell, Lockemy, Harvin, Griffin, Derrick, M.D. Burriss, Hayes, Evatt, T. Rogers, Toal, Hearn, Huff, Elliott, Thrailkill and Winstead: A BILL TO AMEND CHAPTER 63, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOCIAL WORKERS, SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF SOCIAL WORKER REGISTRATION, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE STRINGENTLY REGULATE SOCIAL WORKERS, AND TO REPEAL SECTION 6 OF ACT 453 OF 1982 RELATING TO THE AUTHORITY OF THE BOARD OF SOCIAL WORKERS REGISTRATION TO PROMULGATE REGULATIONS REQUIRING CONTINUING EDUCATION.

H. 2285 AND H. 2286--TABLED

On motion of Rep. TOAL, with unanimous consent, the following Bills were tabled.

H. 2285 -- Reps. Toal, J. Rogers, Klapman, Hughston, J.W. Johnson, Archibald, White, Sheheen, Kirsh, Wilkins, Taylor, McBride, Mangum, Woodruff, Faber, Schwartz, Keyserling, Pearce, Freeman, McLellan, Cleveland, Shelton, Harvin, P. Harris, Hayes, S. Anderson, Foxworth, Lloyd Hendricks, B.L. Hendricks, Gulledge, Russell, and Limehouse: A BILL TO AMEND SECTION 5-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF ANNEXATION REQUIRING A PETITION SIGNED BY SEVENTYFIVE PERCENT OF THE FREEHOLDERS OWNING AT LEAST SEVENTY-FIVE PERCENT OF THE ASSESSED VALUE OF THE REAL PROPERTY IN THE AREA REQUESTING ANNEXATION, SO AS TO REDUCE THE PERCENTAGE REQUIREMENT TO FIFTY-FIVE PERCENT.

H. 2286 -- Reps. Toal, J. Rogers, Hughston, Klapman, Archibald, J.W. Johnson, White, 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, Gulledge, and Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-300 THROUGH 5-3-360 SO AS TO ESTABLISH ADDITIONAL PROCEDURES AND CRITERIA BY WHICH MUNICIPALITIES MAY ANNEX URBAN AREAS.

H. 2399--DEBATE ADJOURNED

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

H. 2399 -- Reps. Lewis, J. Rogers and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-86, SO AS TO PRESCRIBE PROCEDURES TO BE FOLLOWED BY THE STATE FORESTER WHEN DISASTERS AFFECT THE FOREST RESOURCES OF THE STATE AND TO PROVIDE FOR REIMBURSEMENT FOR DISASTER EXPENDITURES.

Rep. KIRSH moved to adjourn debate upon the Senate amendments, which was adopted.

H. 3310--NON-CONCURRENCE IN SENATE AMENDMENTS

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

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. KEYSERLING moved that the House non-concur in the Senate amendments.

Rep. CORK moved to table the motion which was not agreed to.

The question then recurred to the motion to non-concur in the Senate amendments.

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

The motion to non-concur in the Senate amendments was agreed to by a division vote of 13 to 8 and a message was ordered sent to the Senate accordingly.

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 2426 -- Reps. Gilbert, J. Rogers, Washington, Beasley, Woods, Holt, Rawl, Russell, Lockemy, Patterson, Faber and D. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 41-10-10 THROUGH 41-10-110 SO AS TO PROVIDE FOR THE METHOD AND MANNER OF THE PAYMENT OF WAGES AND EXEMPT DOMESTIC LABOR IN PRIVATE HOMES AND EMPLOYERS EMPLOYING FEWER THAN FIVE EMPLOYEES DURING THE PRECEDING TWELVE MONTHS; AND TO REPEAL SECTIONS 41-11-10 THROUGH 41-11-50, 41-11-110 THROUGH 41-11-140, 41-11-170, 41-11-180, AND 41-11-200 THROUGH 41-11-240 RELATING TO PAYMENT OF WAGES.

Rep. L. MARTIN explained the Senate amendment.

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

H. 2915--DEBATE ADJOURNED

Rep. McEACHIN moved to adjourn debate upon the following Joint Resolution until Tuesday, April 15, 1986, which was adopted.

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.

H. 2737--SENT TO THE SENATE

The following Bill was taken up.

H. 2737 -- Reps. P. Harris, Carnell, Edwards, Kirsh and McLellan: A BILL TO ESTABLISH THE SOUTH CAROLINA INFRASTRUCTURE AUTHORITY, TO PROVIDE FOR THE MEMBERSHIP OF ITS GOVERNING BODY, AND PROVIDE FOR ITS FUNCTIONS, DUTIES, AND POWERS.

Rep. McABEE moved to adjourn debate upon the Bill.

Rep. BEASLEY moved to table the motion.

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

Yeas 55; Nays 26

Those who voted in the affirmative are:

Altman                 Arthur, J.             Bailey, G.
Bailey, K.             Barfield               Beasley
Bradley, J.            Bradley, P.            Brett
Brown, H.              Brown, J.              Burriss, T.M.
Cleveland              Cork                   Dangerfield
Day                    Fair                   Gilbert
Gordon                 Gregory                Harris, J.
Hawkins                Hayes                  Hendricks, B.
Hendricks, L.          Holt                   Huff
Jones                  Keyserling             Limehouse
Lockemy                Martin, D.             McEachin
McLeod                 McTeer                 Mitchell
Neilson                Nettles                Ogburn
Pearce                 Petty                  Phillips, O.
Rice                   Rogers, J.             Rogers, T.
Russell                Sharpe                 Shelton
Simpson                Thrailkill             Toal
Waldrop                Washington             White
Williams

Total--55

Those who voted in the negative are:

Alexander              Bennett                Blackwell
Blanding               Burriss, J.H.          Carnell
Chamblee               Davenport              Derrick
Evatt                  Foxworth               Harris, P.
Harvin                 Hearn                  Johnson, J.C.
Kay                    Kirsh                  Klapman
Koon                   Mangum                 Martin, L.
McAbee                 McLellan               Moss
Stoddard               Townsend

Total--26

So, the motion to table the motion to adjourn debate was agreed to.

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

S. 153--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up.

S. 153 -- Senators Leatherman, McConnell, Ravenel, McGill, Moore, Garrison, Peeler, Thomas, Courson and Drummond: A BILL TO AMEND SECTIONS 15-3-640, 15-3-660, 15-3-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS AGAINST ARCHITECTS, CONSTRUCTION MANAGERS, PROFESSIONAL ENGINEERS, OR CONTRACTORS FOR IMPROPER OR NEGLIGENT IMPROVEMENTS TO REAL PROPERTY, SO AS TO SPECIFICALLY DESCRIBE ACTIONS BASED UPON OR ARISING OUT OF THE DEFECTIVE OR UNSAFE CONDITIONS OF AN IMPROVEMENT TO REAL PROPERTY WHICH MUST BE BROUGHT NO LATER THAN TEN YEARS AFTER COMPLETION; TO CREATE AN OUTSIDE LIMITATION OF TEN YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT WITHIN WHICH NORMAL STATUTES OF LIMITATIONS CONTINUE TO RUN; TO CORRECT AN INACCURATE CITATION; TO PROVIDE THAT A DEFENSE OF STATUTES OF LIMITATIONS SHALL NOT BE AVAILABLE TO OWNERS OF REAL PROPERTY OR TO PERSONS IN POSSESSION OR CONTROL THEREOF WHO HAVE KNOWLEDGE OR SHOULD HAVE HAD KNOWLEDGE OF THE DEFICIENCY IN SUCH PROPERTY OR TO PERSONS GUILTY OF FRAUD; TO PROVIDE THAT NO CAUSE OF ACTION NOT HERETOFORE EXISTING IS CREATED BY THIS ACT NOR DOES IT BAR ANY EXISTING CAUSE OF ACTION; AND TO REPEAL SECTION 15-3-650 RELATING TO ACTIONS AGAINST ARCHITECTS, PROFESSIONAL ENGINEERS, OR CONTRACTORS THAT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE OF INJURY.

Rep. FREEMAN moved to adjourn debate upon the Bill.

Rep. SHARPE moved to table the motion which was agreed to by a division vote of 53 to 9.

The question then recurred to the passage of the Bill on third reading, which was agreed to, and the Bill was ordered returned to the Senate with amendments.

LEAVE OF ABSENCE

The SPEAKER granted Rep. G. BAILEY a temporary leave of absence.

SENT TO THE SENATE

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

H. 3283 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS, TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE; TO REQUIRE MONIES PREVIOUSLY AUTHORIZED FOR PARKS, RECREATION AND TOURISM BE EXPENDED ON IMPROVEMENTS AT MYRTLE BEACH INSTEAD OF ON A SWIMMING POOL; TO REALLOCATE MONIES PREVIOUSLY AUTHORIZED FOR THE MUSEUM COMMISSION TO THE BUDGET AND CONTROL BOARD FOR THE MOUNT VERNON MILL SITE DEVELOPMENT; TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF MENTAL HEALTH TO FINANCE VARIOUS PROJECTS FROM SURPLUS PAYING PATIENT FEE DEBT SERVICE FUNDS; TO REQUIRE THE JOINT BOND REVIEW COMMITTEE TO SCHEDULE THE AUTHORIZATIONS, AS PROVIDED IN THIS ACT, INTO THE STATEWIDE CAPITAL IMPROVEMENTS PRIORITY SCHEDULE; AND TO AMEND ACT 194 OF 1979, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF WINTHROP COLLEGE TO DEFINE PAID ADMISSIONS BY WRITTEN POLICY WITH AN EXCEPTION, AND TO DELETE THE AUTHORITY OF THE COLLEGE TO LEVY AN ADMISSIONS FEE.

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.

H. 3189--TABLED

The following Concurrent 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.

Whereas, the tax reform proposal supported by the President of the United States has been up for consideration by Congress; and

Whereas, the provisions contained in the tax reform proposal would, if enacted, hinder economic development within the State of South Carolina by severely restricting the use of tax-exempt revenue bond financing and by eliminating other economic incentives which are presently utilized by the State, its political subdivisions, and private enterprise in their efforts to provide stable employment and steady economic growth for the citizens of South Carolina; and

Whereas, during 1984, governmental units within the State of South Carolina utilized tax-exempt revenue bond financing to provide one hundred eighty-three million dollars for public power generation facilities, two hundred eighty-one million dollars in pollution control facilities for public utilities, three hundred one million dollars for various economic development projects, two hundred sixty-one million dollars for sewage and solid waste disposal, ninety-six million dollars for housing, and eighteen million dollars for nonprofit health care; and

Whereas, during the first nine months of 1985, governmental units within the State have utilized tax-exempt revenue bond financing to provide three hundred eleven and two-tenths million dollars in public utilities facilities, two hundred nine million dollars for housing, and one hundred seventy-six million dollars for nonprofit hospital facilities; and

Whereas, the tax reform proposal supported by the President, if enacted, would eliminate the tax exemption for eighty percent of the revenue bonds utilized by the various governmental units within the State and would cost the State of South Carolina and its political subdivisions the sum of seven hundred thirty-five million dollars in additional interest payments by the year 1990; and

Whereas, the provisions of the tax reform proposal would adversely affect the citizens of South Carolina through the elimination of the deductibility of state and local taxes from income subject to federal taxation; and

Whereas, other provisions contained in the tax reform proposal supported by the President would have the effect of discouraging private economic activity within the State by the elimination of tax advantages presently enjoyed by certain private activities and development undertaken in the interest of the public good; and

Whereas, the enactment of the provisions of this tax reform proposal would have an adverse effect upon the economy of South Carolina and the welfare of this State's citizens. 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 South Carolina's Congressional Delegation to oppose enactment of the tax reform proposal supported by the President of the United States.

Be it further resolved that a copy of this resolution be forwarded to each member of South Carolina's Congressional Delegation in Washington, D. C.

Rep. J. BRADLEY moved to table the Resolution and demanded the yeas and nays, which were not ordered.

The Resolution was then tabled by a division vote of 29 to 18.

H. 3631--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up.

H. 3631 -- Rep. G. Bailey: A CONCURRENT RESOLUTION MEMORIALIZING THE MAYOR AND CITY OFFICIALS OF PHILADELPHIA TO EXERCISE THEIR AUTHORITY, PUBLIC DUTY, AND RESPONSIBILITY BY DISCOURAGING AND ENJOINING THE TRANSPORTATION AND DISPOSAL OF PHILADELPHIA GARBAGE AND WASTE IN SOUTH CAROLINA.

Whereas, the members of the General Assembly of South Carolina have recently been advised that garbage and incinerated residential refuse from Philadelphia is being buried in South Carolina; and

Whereas, the members of the General Assembly view with distress and amazement the cavalier and insouciant handling of a responsibility so grave and dangerous as the disposal of waste generated by the residents of the City of Philadelphia; and

Whereas, South Carolina has maintained the position that each state should be responsible for the disposition of waste generated within its own borders; in substance, Philadelphia's garbage should be a Pennsylvania problem, not South Carolina's; and

Whereas, it is the sense of the General Assembly of South Carolina that the appropriate agencies and authorities of this State take whatever legal or judicial recourse required to halt the disposal of any further waste from the city of Philadelphia and the State of Pennsylvania in South Carolina. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize the Mayor and city officials of Philadelphia to exercise their authority, public duty, and responsibility by discouraging and enjoining the transportation and disposal of Philadelphia garbage and waste in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the Mayor and city officials of Philadelphia, Pennsylvania and to the South Carolina Department of Health and Environmental Control.

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

MOTION PERIOD

Rep. TOAL moved to dispense with the Motion Period.

As a first substitute Rep. HEARN moved to recall H. 3001 from the Ways and Means Committee.

As a second substitute Rep. McLELLAN moved to recall H. 3359 from the Judiciary Committee.

Rep. SHEHEEN moved to table the motion.

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

Yeas 48; Nays 39

Those who voted in the affirmative are:

Schwartz               Arthur, J.             Barfield
Beasley                Bradley, J.            Bradley, P.
Brown, J.              Chamblee               Cleveland
Dangerfield            Day                    Faber
Fair                   Ferguson               Gilbert
Gordon                 Gregory                Harris, J.
Hawkins                Hayes                  Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Klapman                Kohn                   Lake
Limehouse              Martin, D.             McEachin
McLeod                 McTeer                 Ogburn
Pearce                 Phillips, O.           Rawl
Rogers, J.             Rogers, T.             Sheheen
Short                  Stoddard               Taylor
Thrailkill             Toal                   Tucker
Washington             Wilkins                Winstead

Total--48

Those who voted in the negative are:

Altman                 Aydlette               Bennett
Blackwell              Boan                   Brett
Brown, H.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Cooper
Cork                   Davenport              Derrick
Edwards                Elliott                Evatt
Foxworth               Freeman                Harris, P.
Harvin                 Hearn                  Hendricks, B.
Hendricks, L.          Kay                    Kirsh
Koon                   Lockemy                Mangum
Martin, L.             McAbee                 McLellan
Mitchell               Petty                  Rice
Sharpe                 Simpson                Townsend

Total--39

So, the motion to recall H. 3359 was tabled.

As a second substitute Rep. McABEE moved to dispense with the balance of the Motion Period which was agreed to.

H. 2003--INTERRUPTED DEBATE

The following Bill was taken up.

H. 2003 -- Reps. White and P. Bradley: A BILL TO AMEND SECTION 56-5-4450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIMES WHEN VEHICLES MUST BE EQUIPPED WITH LIGHTS, SO AS TO PROVIDE THAT LIGHTS MUST BE TURNED ON AT ANY TIME WHEN THE VEHICLE'S WINDSHIELD WIPERS ARE IN USE, ARE REQUIRED TO BE IN USE, OR IT IS RAINING OR THERE IS FOG IN THE DRIVING ZONE, AND TO APPLY THE SECTION'S REQUIREMENTS TO ROADS AND STREETS IN ADDITION TO HIGHWAYS.

Rep. McABEE proposed the following Amendment No. 4, which was ruled out of order.

Amend as and if amended.

By adding a new section to read.

Provided further that after July 1, 1986 no new car sold in this State may be equipped with a spare tire any smaller than the original tire size on the other wheels.

Amend title to conform.

Rep. McABEE explained the amendment.

POINT OF ORDER

Rep. BEASLEY raised the Point of Order that Amendment No. 4 was not germane to the Bill.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Reps. KIRSH and SIMPSON spoke against the Bill.

Rep. WHITE spoke in favor of the Bill.

Rep. HAYES spoke against the Bill.

Rep. P. BRADLEY spoke in favor of the Bill.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of the Bill, Rep. P. BRADLEY having the floor.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 9, 1986

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

No. 38

On motion of Rep. L. MARTIN the invitation was accepted.

RATIFICATION OF ACTS

At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R389) S. 1083 -- Senator Hayes: AN ACT TO AMEND ACT 271 OF 1981 RELATING TO THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3 OF YORK COUNTY SO AS TO REVISE THE PERIOD WITHIN WHICH CANDIDATES MUST FILE FOR ELECTION TO THESE OFFICES.

(R390) S. 1194 -- Senators Horace Smith, E. Patterson and Lee: AN ACT TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAMES OF BOILING SPRINGS STATION C PRECINCT TO BOWEN PRECINCT, WHITESTONE CROFT STATION A PRECINCT TO CROFT PRECINCT, AND WHITESTONE CROFT STATION B PRECINCT TO WHITE STONE PRECINCT; TO CORRECT THE DESCRIPTION OF CANNON'S CAMPGROUND AND DRAYTON PRECINCTS; AND TO CHANGE THE VOTING PLACE FOR CLIFTON PRECINCT FROM ST. ANDREWS METHODIST CHURCH TO CLIFTON SECOND BAPTIST CHURCH.

(R391) S. 884 -- Senators J. Verne Smith, Horace C. Smith, McLeod, Leatherman, N. Smith, Theodore and Saleeby: AN ACT 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.

(R392) S. 1132 -- Senator Matthews: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF HARLEYVILLE-RIDGEVILLE SCHOOL DISTRICT NO. 3 OF DORCHESTER COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO A SPECIFIED LIMIT FOR CERTAIN PURPOSES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS; AND TO PROVIDE FOR A REFERENDUM TO DETERMINE WHETHER OR NOT THE BOARD OF TRUSTEES MAY LEVY TAXES FOR THE OPERATION OF THE DISTRICTS SCHOOLS.

(R393) H. 2141 -- Rep. Schwartz: AN ACT TO AMEND SECTION 42-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO MAKE REQUIRED REPORTS IN WORKERS' COMPENSATION CLAIMS, SO AS TO CHANGE THE MAXIMUM AMOUNT OF THE PENALTY FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS.

(R394) H. 2597 -- Reps. Schwartz and Griffin: AN ACT TO AMEND SECTION 16-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PISTOLS, SO AS TO CHANGE THE WORD PISTOLS TO WEAPONS AND TO PERMIT THE LAW ENFORCEMENT AGENCY TO TRADE A CONFISCATED WEAPON WITH A RETAIL DEALER LICENSED IN THIS STATE FOR A WEAPON APPROVED BY THE AGENCY.

(R395) H. 2634 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO AMEND CHAPTER 39 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-39-5 AND 44-39-40 THROUGH 44-39-80 SO AS TO PROVIDE FOR THE LICENSING AND REGULATION OF RENAL DIALYSIS CENTERS AND TO PROVIDE A PENALTY FOR VIOLATIONS, AND TO AMEND SECTION 44-39-20, RELATING TO THE RENAL DIALYSIS ADVISORY COUNCIL, SO AS TO INCREASE THE MEMBERSHIP FROM TWELVE TO FOURTEEN PERSONS AND TO REQUIRE THE COUNCIL REVIEW REGULATIONS BY THE STATE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL AFFECTING RENAL DIALYSIS.

(R396) H. 2781 -- Reps. Hearn and Alexander: AN ACT TO AMEND SECTION 31-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE HOUSING AUTHORITIES LAW, SO AS TO CONFORM THE POWERS GRANTED TO MUNICIPAL, COUNTY, AND REGIONAL HOUSING AUTHORITIES WITH THOSE CONTEMPLATED UNDER THE INTERNAL REVENUE CODE AND APPLICABLE REGULATIONS RELATING TO ASSISTING LOWER INCOME FAMILIES TO FIND SAFE, SANITARY, AFFORDABLE RENTAL HOUSING, SECTION 31-3-540, RELATING TO THE DUTIES OF A HOUSING AUTHORITY WITH RESPECT TO RENTAL AND TENANT SELECTION, SO AS TO ADD PERSONS OF MODERATE TO LOW INCOME TO THOSE AUTHORIZED TO RENT OR LEASE ACCOMMODATION IN HOUSING PROJECTS AND TO DELETE THE PROVISIONS WHICH SPECIFY THE AGGREGATE ANNUAL NET INCOME ABOVE WHICH A PERSON WOULD NOT QUALIFY TO LIVE IN A HOUSING PROJECT, AND PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT APPLY TO THE FINANCING, ACQUISITION, AND CONSTRUCTION OF SINGLE-FAMILY DWELLING BY THE STATE HOUSING AUTHORITY, AND TO REQUIRE THE BUDGET AND CONTROL BOARD TO AUTHORIZE THE ISSUANCE OF NOTES OR BONDS BY AN AUTHORITY AFTER THE SUBMISSION BY THE AUTHORITY TO THE BOARD.

(R397) H. 3275 -- Reps. Harvin and Griffin: AN ACT TO PROVIDE, AMONG OTHER THINGS, THAT PLATS IN CLARENDON COUNTY MUST BE SUBMITTED TO THE TAX ASSESSOR PRIOR TO RECORDING; AND TO REPEAL SECTION 65-1783.2, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO, AMONG OTHER THINGS, THE REQUIREMENT THAT PLATS IN CLARENDON COUNTY BE SUBMITTED TO THE AUDITOR PRIOR TO RECORDING.

(R398) H. 3500 -- Rep. Cooper: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE PELZER RESCUE SQUAD.

(R399) H. 3594 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 34-29-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW, SO AS TO FURTHER PROVIDE FOR THE PROHIBITION AGAINST A LICENSEE INDUCING A PERSON TO SPLIT A LOAN IN ORDER FOR THE LICENSEE TO OBTAIN A HIGHER RATE OF INTEREST, AND TO AMEND CHAPTER 9, TITLE 37 OF THE 1976 CODE RELATING TO THE CONSUMER PROTECTION CODE BY ADDING SECTION 37-9-103 SO AS TO PROVIDE THAT CERTAIN SUBSIDIARIES OF THE SAME PARENT CORPORATION ARE NOT CONSIDERED RELATED PERSONS FOR PURPOSES OF THE REQUIREMENT THAT ALL RELATED PERSONS MAKING SUPERVISED CONSUMER LOANS MUST ELECT TO BE LICENSED UNDER THE SAME PROVISIONS OF LAW AND TO AUTHORIZE THE REVOCATION OF THE LICENSE OF THESE SUBSIDIARIES FOR ENGAGING IN OR FOR FAILING TO TAKE CERTAIN ACTIONS.

(R400) H. 3612 -- Reps. Dangerfield, Sheheen, Toal, Hearn and L. Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-55 TO ALLOW A JUDGE OF PROBATE, CLERK OF COURT, MASTER, CIRCUIT JUDGE, OR A MEMBER OF THE WORKERS' COMPENSATION COMMISSION TO APPOINT A GUARDIAN AD LITEM FOR A MINOR OR MENTALLY INCOMPETENT PERSON WHO IS A PARTY IN A PROCEEDING BEFORE THE WORKERS' COMPENSATION COMMISSION.

(R401) H. 3655 -- Rep. Aydlette: AN ACT TO ADD TO THE STATE HIGHWAY SYSTEM REGATTA, GRAND CONCOURSE, AND HARBORTOWNE ROADS IN CHARLESTON COUNTY, AND TO CLOSE A PORTION OF HARBORTOWNE ROAD.

(R402) H. 3692 -- Rep. Gregory: A JOINT RESOLUTION TO EXTEND THE SEASON FOR THE TAKING OF SHAD ANYWHERE ON THE EDISTO RIVER, FOR 1986 ONLY.

(R403) H. 3361 -- Rep. T.M. Burriss: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-5-250 SO AS TO PROVIDE THAT THE OFFICE OF THE STATE TREASURER IS A LIMITED TRUST COMPANY FOR PURPOSES OF THE FEDERAL RESERVE BOARD.

(R404) 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.

THE HOUSE RESUMES

At 11:45 A.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

SILENT PRAYER

On motion of Rep. KLAPMAN, with unanimous consent, the House stood in silent prayer in memory of Judge W.L. Rhodes, Jr.

MOTION ADOPTED

Rep. BLACKWELL moved that when the House adjourns, it adjourn out of memory and respect for the late Judge W.L. Rhodes, Jr., which was agreed to.

H. 2003-AMENDED AND 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. 2003 -- Reps. White and P. Bradley: A BILL TO AMEND SECTION 56-5-4450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIMES WHEN VEHICLES MUST BE EQUIPPED WITH LIGHTS, SO AS TO PROVIDE THAT LIGHTS MUST BE TURNED ON AT ANY TIME WHEN THE VEHICLE'S WINDSHIELD WIPERS ARE IN USE, ARE REQUIRED TO BE IN USE, OR IT IS RAINING OR THERE IS FOG IN THE DRIVING ZONE, AND TO APPLY THE SECTION'S REQUIREMENTS TO ROADS AND STREETS IN ADDITION TO HIGHWAYS.

Rep. P. BRADLEY continued speaking.

MOTION ADOPTED

Rep. CARNELL moved that upon the conclusion of the Joint Assembly, the House stand adjourned, which was agreed to.

MOTION NOTED

Rep. J. BRADLEY moved to reconsider the vote whereby H. 3189 was tabled and the motion was noted.

Rep. KIRSH moved to continue the Bill, which was not agreed to by a division vote of 22 to 46.

Rep. LOCKEMY moved to table the Bill which was not agreed to.

Rep. McABEE proposed the following Amendment No. 5, which was adopted.

Amend as and if amended.

Automobiles sold after July 1, 1986 must be equipped with a spare tire the same size as the original tire size on the other wheels when windshield wipers and headlights are required as provided in above Section.

Amend title to conform.

Rep. McABEE explained the amendment.

Rep. KIRSH moved to table the amendment which was not agreed to by a division vote of 18 to 39.

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

Rep. WHITE proposed the following Amendment No. 6 (Doc. No. 2282R), which was adopted.

Amend the bill, as and if amended, page 1, line 43, by striking /1986/ and inserting /1987/.

Amend title to conform.

Rep. WHITE explained the amendment.

The amendment was then adopted.

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

JOINT ASSEMBLY

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

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

ELECTION OF FAMILY COURT JUDGES

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

S. 1168 -- Senators Thomas E. Smith, Jr., Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX TWELVE NOON ON WEDNESDAY, APRIL 9, 1986, AS THE TIME FOR ELECTING A SUCCESSOR TO THE FAMILY COURT IN THE RESPECTIVE JUDICIAL CIRCUITS WHOSE SEATS EXPIRED FEBRUARY 28, 1986.

The President announced that nominations were in order for Family Court Judges in the Sixth Judicial Circuit, Seat 2, and Fourth Judicial Circuit, Seat 3.

Senator Thomas E. Smith, Jr., on behalf of the Screening Committee, nominated the Honorable Thomas B. Barrineau, Jr., of Winnsboro and the Honorable William J. McLeod of Dillon.

On motion of Senator Thomas E. Smith, Jr., nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the President announced that the Honorable Thomas B. Barrineau, Jr. and the Honorable William J. McLeod were duly elected for the term prescribed by law.

PRESENTATION OF THE FRANCIS MARION COLLEGE
LADY PATRIOTS AND COACH SYLVIA HATCHELL,
WINNERS OF THE NAIA WOMEN'S NATIONAL
BASKETBALL CHAMPIONSHIP

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

S. 1195 -- Senators Thomas E. Smith, Jr. and Leatherman: A CONCURRENT RESOLUTION TO INVITE THE MEMBERS OF THE FRANCIS MARION COLLEGE LADY PATRIOTS AND THEIR COACH, SYLVIA HATCHELL, FLORENCE COUNTY, TO APPEAR BEFORE THE GENERAL ASSEMBLY ON WEDNESDAY, APRIL 9, 1986, IMMEDIATELY FOLLOWING THE TWELVE NOON JOINT ASSEMBLY FOR ELECTION OF FAMILY COURT JUDGES TO RECEIVE THE COMMENDATION OF THE GENERAL ASSEMBLY FOR WINNING THE NAIA WOMEN'S NATIONAL BASKETBALL CHAMPIONSHIP.

The Francis Marion College Lady Patriots and Coach Sylvia Hatchell were escorted to the rostrum by Senators Thomas E. Smith, Jr., Leatherman, and McGill and Reps. GILBERT, McEACHIN, McKAY, McLEOD and NETTLES.

The President of the Senate recognized Rep. McEACHIN who introduced the honored guests as follows:

"Mr. President and members of the Joint Assembly, today we are happy to have with us the Francis Marion College Women's basketball team. They are the NAIA national champs. They had an enviable record of 36-2 this year. The team accomplished this record by a balanced attack, all the members of the team scored equally in many of the games. As an example, in a game over Methodist College of Fayetteville, North Carolina, nine players on the team scored in double figures. The score in that game was 115-38. I don't know who scored on the other team. They also set the NAIA record this year for the most wins in a season. The best thing about this team is everybody on it is from South Carolina. We in the Pee Dee area are very proud of them. They are here today with video specialist Sonya Sanders, the trainer Catherine Albright, and scorekeeper Denise Herring. Some other statistics that the team compiled this year -- they had the most points scored in a single game, most points scored in a tournament, the largest margin of victory in one game, the most wins for the school, the most consecutive wins at 24, the most consecutive home wins, the most consecutive road wins, the most 100-plus games, most blocked shots -- I think they did everything this year. Now, other members will introduce the members of the team.

Senator Leventis introduced Kathy Flaten of Sumter; Senator Doar introduced Annette and Jeanette Alston of Georgetown County; Senator Shealy introduced Alice Creed of Leesville; Rep. Harvin introduced Brenda Cain of Manning; Rep. Limehouse introduced Kim Slawson of Summerville; Rep. Beasley introduced Tracey Tillman of Society Hill; Rep. Short introduced Maria Murdock of Richburg and Lisa Waldrop of Edgemore; Rep. Sheheen introduced Amanda Sheheen of Camden; Rep. Robert Brown introduced Kari Beeson of Mullins; Rep. J. Harris introduced Cherita Linton; Senator Moore introduced Assistant Coach Gail Moody.

Governor Riley:

"Thank you Mr. President, Mr. Speaker Pro Tempore, members of this Joint Assembly and friends, I'm very proud to be invited here today to honor this outstanding group of women, the Francis Marion College Lady Patriots, its fine coaching staff, and its outstanding head coach, Sylvia Hatchell. But it was another great coach, Vince Lombardi, who once spelled out the formula for a successful team. He said a team needed to know the basics of the game and have the discipline to carry them out. But Lombardi said the most essential ingredient, the ingredient that separates the true championship team from all the rest is that all the members play together as a team. They have to truly care for one another, and that is the difference, according to Lombardi, between mediocrity and greatness. And that's the difference between this outstanding women's basketball team and all the rest. The Lady Patriots, Coach Hatchell, and the entire coaching staff pulled together as a team, and it's this team spirit that drove the Lady Patriots to win the NAIA Women's national basketball championship. This is a team, indeed, of outstanding athletes led by an outstanding coach. Sylvia Rhine Hatchell has a remarkable career record of 272 wins to 80 losses. She became the coach of the Lady Patriots in 1975, and in her first season finished with an excellent 23-9 record, and sixth place in national rankings. During Coach Hatchell's first seven years at Francis Marion, the Lady Patriots finished in the top twenty nationally every year, and in 1982, won the AIAW Small College national championship. She was named South Carolina's Coach of the Year in 1980, and last year was named Converse NAIA Regional Coach of the Year. This outstanding young coach has many other accomplishments to her credit, including her work with the U. S. Olympic team. But I feel sure that the accomplishment for which she is most proud is this national championship and this outstanding team of players that you've heard presented to you today. Now, as Governor on behalf of the people of this state, it makes me proud to present the Order of the Palmetto, the highest recognition that I, as Governor, can give, to Coach Sylvia Hatchell, on behalf of the players, the entire coaching staff of the NAIA Women's National Basketball Champions, the Lady Patriots of Francis Marion. We're proud of all you.

Coach Hatchell:

"Thank you. Governor Riley, you said it so well. We won because we are a family and we have that togetherness that takes you to the top. Four years ago, I was here when we won the AIAW National Championship, and I never dreamed that we would be here again. It is so much of a pleasure to represent Francis Marion College and this state throughout the country as we won this National Championship. Thank you for the opportunity and thank you so much for honoring our team here today."

Upon the conclusion of the Special Presentation, the honored guests and their escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

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

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:40 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

ADJOURNMENT

At 12:41 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned out of respect and memory for the late Judge W.L. Rhodes, Jr. to meet at 10:00 A.M. tomorrow.

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