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

THURSDAY, APRIL 17, 1986

Thursday, April 17, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Rev. Randall Jones, Pastor of Langston Baptist Church, Conway, S.C. as follows:

Father,

We are reminded of thy word that declares, "What doth the lord require of thee, but to do justly, and to love mercy, and to walk humbly with thy God?"

As we begin this day, help us to realize that it is only as we walk with thee, who art just in all things, that we can be just in our deliberations. It is only through knowing thy mercy, that we may be merciful. It is through humility that we can know Thy greatness. We acknowledge our weaknesses and plead for thy strength. We pray for your blessings upon our lives so that when this day is completed, we shall enjoy your "Well done" upon this page of our personal history.

Guide us, O thou great Jehovah. We humbly plead in Jesus' Holy name.

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. L. MARTIN.

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

REPORTS OF STANDING COMMITTEES

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

H. 3810 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-6-119 SO AS TO PROVIDE FOR THE INVESTIGATION AND REPORT OF BELOW COST SALES OF MOTOR VEHICLE FUEL AND TO AUTHORIZE THE ASSESSMENT OF INVESTIGATION FEES AND TO PROVIDE AN APPROPRIATION.

Ordered for consideration tomorrow.

Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 2697 -- Reps. J. Rogers, Rawl, J. Bradley, J.H. Burriss, M.D. Burriss, T.M. Burriss, Gregory, Hawkins, Kohn, McEachin, Sturkie, McLeod, Alexander, Fair, Rice, McKay, Shelton, Gilbert, Aydlette, P. Bradley, Kirsh, Cork, P. Harris, Williams, Foxworth, Moss, Elliott, Waldrop and O. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-15, SO AS TO PROVIDE FOR ASSESSMENT OF ATTORNEY FEES AND INTEREST AGAINST PERSONS LIABLE FOR CLAIMS FOR PAYMENT FOR PERMANENT IMPROVEMENT TO REAL ESTATE WHO DO NOT INVESTIGATE THE MERITS OF A CLAIM AND PAY IT WITHIN FORTY-FIVE DAYS OF DEMAND IF IT IS DETERMINED TO BE VALID.

Ordered for consideration tomorrow.

Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:

H. 2808 -- Reps. P. Bradley and Beasley: A BILL TO AMEND SECTION 40-21-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN CHARGES AGAINST PERSONS WHO HOLD A CERTIFICATE OF REGISTRATION FROM THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND THE HEARINGS THEREON, SO AS TO REVISE THE PENALTIES WHICH THE BOARD MAY IMPOSE UPON VOTING TO SUSTAIN THE CHARGES, INCLUDING THE AUTHORIZATION OF CIVIL FINES, AND TO PROVIDE FOR THE MANNER IN WHICH THE FINES COLLECTED ARE TO BE EXPENDED.

Ordered for consideration tomorrow.

Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:

H. 3242 -- Rep. Fair: A BILL TO AMEND SECTION 56-5-2945, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OFFENSE OF CAUSING BODILY INJURY OR DEATH WHILE DRIVING A VEHICLE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE A MANDATORY THREE-YEAR DRIVER'S LICENSE SUSPENSION OF A PERSON CONVICTED OF THE OFFENSE.

Ordered for consideration tomorrow.

Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:

H. 3287 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE OF A PARTY TO A LEGAL PROCEEDING TO TESTIFY OR GIVE EVIDENCE, SO AS TO REQUIRE A HUSBAND OR WIFE TO DISCLOSE INFORMATION GIVEN TO THEM BY THE OTHER DURING THEIR MARRIAGE WHERE THE PROCEEDING CONCERNS OR IS BASED ON CRIMINAL SEXUAL CONDUCT INVOLVING A MINOR OR ATTEMPTING TO COMMIT A LEWD ACT UPON A MINOR.

Ordered for consideration tomorrow.

Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:

H. 3660 -- Rep. J. Anderson: 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.

Ordered for consideration tomorrow.

Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:

H. 3661 -- Rep. J. Anderson: 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.

Ordered for consideration tomorrow.

Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, on:

S. 3 -- Senator McConnell: A BILL TO AMEND SECTION 7-13-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTING BALLOTS AND DECLARING RESULTS IN ELECTIONS, SO AS TO PROVIDE THAT AT THE COMPLETION OF THE VOTE COUNTING A DUPLICATE OF THE RESULTS MUST BE POSTED IN A CONSPICUOUS SITE AT THE POLLING PLACE EXCEPT IN COUNTIES USING VOTE RECORDERS.

Ordered for consideration tomorrow.

Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 27 -- Senator Powell: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT OF APPLICATIONS FOR NOTARIES PUBLIC, SO AS TO CHANGE THE ENDORSEMENTS REQUIRED ON THE APPLICATION FROM AT LEAST ONE HALF OF THE MEMBERS OF THE LEGISLATIVE DELEGATION REPRESENTING THE COUNTY IN WHICH THE APPLICANT RESIDES TO INCLUDE THE MEMBER OF THE SENATE REPRESENTING THE SENATE DISTRICT IN WHICH THE APPLICANT RESIDES AND THE MEMBER OF THE HOUSE OF REPRESENTATIVES REPRESENTING THE HOUSE DISTRICT IN WHICH THE APPLICANT RESIDES.

Ordered for consideration tomorrow.

Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 210 -- Senators Bryan, Long, Mitchell and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-80, SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO FILES A WORKERS' COMPENSATION CLAIM OR EXERCISES ANY RIGHT, PRIVILEGE, OR DUTY UNDER THE WORKERS' COMPENSATION LAW AND TO LIMIT THE AMOUNT OF DAMAGES WHICH MAY BE IMPOSED ON THE EMPLOYER.

Ordered for consideration tomorrow.

Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 580 -- Senator Wilson: A BILL TO AMEND SECTION 29-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, SO AS TO PROVIDE THAT THE PREVAILING PARTY IN AN ACTION TO ENFORCE THE LIEN MAY RECOVER COSTS AND ATTORNEYS' FEES AND TO AMEND SECTION 29-5-20, RELATING TO MECHANICS' AND OTHER MATERIALMEN'S LIENS, SO AS TO PROVIDE THAT THE PREVAILING PARTY IN AN ACTION TO ENFORCE THE LIEN MAY RECOVER COSTS AND ATTORNEYS' FEES.

Ordered for consideration tomorrow.

Rep. SHEHEEN, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 971 -- Senators Holland, E. Patterson, Matthews and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-771 SO AS TO PROVIDE A PROCEDURE BY WHICH ELECTORS WHO, BECAUSE OF PHYSICAL HANDICAP OR AGE, MAY VOTE OUTSIDE OF THE POLLING PLACE, AND TO AMEND SECTION 7-15-120, AS AMENDED, RELATING TO THE FORMS REQUIRED FOR ABSENTEE VOTER REGISTRATION, SO AS TO AUTHORIZE A PERSON APPLYING UNDER THE PHYSICALLY DISABLED DUE TO ILLNESS OR INJURY CATEGORY TO BE REGISTERED PERMANENTLY IF HE PRESENTS A WRITTEN STATEMENT OF THE DISABILITY BY HIS DOCTOR TO HIS COUNTY BOARD OF REGISTRATION.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. KEYSERLING, from the Committee on Beaufort Delegation, submitted a favorable report, on:

S. 1130 -- Senators Waddell and McLeod: A BILL TO CREATE THE BEAUFORT TECHNICAL COLLEGE AREA COMMISSION TO SERVE AS THE GOVERNING BODY OF THE BEAUFORT TECHNICAL COLLEGE, TO PRESCRIBE ITS POWERS AND DUTIES, AND TO PROVIDE FOR ITS FINANCIAL SUPPORT.

S. 1130--ORDERED TO THIRD READING

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

S. 1130 -- Senators Waddell and McLeod: A BILL TO CREATE THE BEAUFORT TECHNICAL COLLEGE AREA COMMISSION TO SERVE AS THE GOVERNING BODY OF THE BEAUFORT TECHNICAL COLLEGE, TO PRESCRIBE ITS POWERS AND DUTIES, AND TO PROVIDE FOR ITS FINANCIAL SUPPORT.

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

S. 1130--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KEYSERLING, with unanimous consent, it was ordered that S. 1130 be read the third time tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3835 -- Reps. J.H. Burriss, H. Brown, P. Bradley, Cork, Brett, Foxworth, Aydlette, T.M. Burriss, Hearn, Evatt, M.D. Burriss, Klapman, McLeod, Simpson, McKay and Petty: A CONCURRENT RESOLUTION REQUESTING THE STATE LAW ENFORCEMENT DIVISION TO INVESTIGATE THE POSSIBILITY OF VIOLATION OF CONFIDENTIALITY LAWS GOVERNING FILES OF THE INDUSTRIAL COMMISSION AND TO REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY NO LATER THAN JUNE 1, 1986.

Five members objecting to immediate consideration the Resolution was ordered referred to the Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 3836 -- Horry County Delegation: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO FAMILY COURT JUDGE RALPH HOFFMAN OF CONWAY IN HORRY COUNTY UPON HIS RETIREMENT.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1225 -- Senators Wilson, Courson, Shealy, Setzler and K. Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE MAJOR VAN McCARTY OF LEXINGTON COUNTY UPON HIS PLANNED RETIREMENT ON JUNE 30, 1986, AS PRINCIPAL OF IRMO HIGH SCHOOL AND TO COMMEND HIM FOR HIS MANY CONTRIBUTIONS TO EDUCATION IN THIS STATE.

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

HOUSE RESOLUTION

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

H. 3839 -- Rep. T. Rogers: A HOUSE RESOLUTION TO EXPRESS CONCERN OVER THE INCREASING VIOLENCE AGAINST AND ABUSE OF WOMEN IN TODAY'S SOCIETY, TO RECOGNIZE THE EVENING OF WEDNESDAY, APRIL 23, 1986, AS "TAKE BACK THE NIGHT", THE OCCASION OF A CITIZENS' RALLY AT 7:00 P.M. AT THE STATE HOUSE TO DRAW ATTENTION TO THIS CONTEMPTIBLE CONDUCT, AND TO AUTHORIZE THE USE OF THE HOUSE CHAMBER FOR THE RALLY IN CASE OF INCLEMENT WEATHER.

Whereas, the General Assembly is fully cognizant of the increasing abuse and violence to which women are being subjected; and

Whereas, the General Assembly endorses any lawful means to eradicate this deplorable situation and encourages any peaceful demonstration to focus attention on this ugly blight in our society. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives express concern over the increasing violence against and abuse of women in today's society, recognize the evening of Wednesday, April 23, 1986, as "Take Back the Night", the occasion of a citizens' rally at 7:00 p.m. at the State House to draw attention to this contemptible conduct, and authorize the use of the House Chamber for the rally in case of inclement weather.

Rep. T. ROGERS explained the Resolution.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3837 -- Reps. J.H. Burriss, T.M. Burriss, Harvin, P. Bradley, H. Brown, Foxworth, Aydlette, M.D. Burriss, Klapman, Cork, Brett, Beasley, McLeod, J. Rogers, McKay and Petty: A BILL TO AMEND SECTION 8-13-820, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF STATEMENTS OF ECONOMIC INTEREST FILED PURSUANT TO THE STATE ETHICS LAW, SO AS TO REQUIRE DISCLOSURE OF THE NATURE, SOURCE, AND AMOUNT OF ALL FEES RECEIVED DIRECTLY OR INDIRECTLY FOR REPRESENTING CLIENTS BEFORE ANY STATE AGENCY, BOARD, COMMITTEE, OR COMMISSION.

Referred to Committee on Ethics.

H. 3838 -- Rep. Cork: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LA PENTOLA, INC.

Without reference.

H. 3840 -- Reps. McLellan and Cleveland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-250 SO AS TO MAKE IT ILLEGAL FOR ANYONE TO UTILIZE A WATER VESSEL AS A DWELLING PLACE FOR SEVEN CONSECUTIVE DAYS WITHOUT HAVING THE METHOD OF SEWERAGE DISPOSAL OF THE WATER VESSEL APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE A PENALTY FOR VIOLATION, TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION.

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

H. 3838--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. CORK, with unanimous consent, it was ordered that H. 3838 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.           Arthur, J.             Aydlette
Bailey, G.             Bailey, K.             Barfield
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, P.
Brett                  Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Carnell                Chamblee
Cleveland              Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Elliott                Evatt
Faber                  Fair                   Ferguson
Foster                 Foxworth               Freeman
Gilbert                Gordon                 Harris, J.
Harris, P.             Hawkins                Hayes
Hearn                  Hendricks, B.          Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Keyserling             Kirsh
Klapman                Kohn                   Lake
Lewis                  Limehouse              Lockemy
Mangum                 Martin, D.             Martin, L.
Mattos                 McAbee                 McEachin
McKay                  McLellan               McLeod
McTeer                 Mitchell               Moss
Neilson                Nettles                Ogburn
Pearce                 Petty                  Phillips, L.
Rawl                   Rhoad                  Rice
Rogers, J.             Rogers, T.             Russell
Sheheen                Shelton                Simpson
Snow                   Stoddard               Sturkie
Taylor                 Thrailkill             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 17, 1986.

T.M. Burriss                      Charles L. Griffin III
Jack Gregory                      Tom Marchant
Lloyd I. Hendricks                T.W. Edwards
Sterling Anderson                 Olin R. Phillips
Tom G. Woodruff, Jr.              W. Arthur
Alex Harvin                       Rick Rigdon
Total Present--112

LEAVES OF ABSENCE

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

The SPEAKER granted Reps. MOSS and TOAL a temporary leave of absence.

The SPEAKER granted Rep. J. BRADLEY a leave of absence for the day to attend a meeting with the Corps of Engineers in Washington, D.C.

STATEMENT OF ATTENDANCE

Rep. LIMEHOUSE signed a statement with the Clerk that he came in after the roll call and was present for the Session on Wednesday, April 16, 1986.

DOCTOR OF THE DAY

Announcement was made that Norman S. Walsh of Charleston is the Doctor of the Day for the General Assembly.

ORDERED ENROLLED FOR RATIFICATION

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

S. 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.

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. 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.

SENT TO THE SENATE

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

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 NO. 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 NO. 7 AND NO. 9, AND 50-17-1700, RELATING TO PENALTIES FOR VIOLATING SPECIAL PROVISIONS PERTAINING TO GAME ZONE NOS. 7 AND 9.

H. 3766--ORDERED TO THIRD READING

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

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.

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

OBJECTION TO MOTION

Rep. STODDARD asked unanimous consent that H. 3766 be read a third time tomorrow.

Rep. KLAPMAN objected.

LEAVES OF ABSENCE

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

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

ORDERED TO THIRD READING

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

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.

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.

Rep. PEARCE explained the Joint Resolution.

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.

Rep. KIRSH explained the Bill.

H. 3739 -- Rep. J. Bradley: A JOINT RESOLUTION TO AUTHORIZE THE CITADEL BOARD OF VISITORS ON BEHALF OF THE CITADEL TO PURCHASE CERTAIN PROPERTY IN CHARLESTON AT A COST OF TWO MILLION DOLLARS AND TO PROVIDE FOR THE MANNER IN WHICH FUNDS WILL BE OBTAINED AND REPAID CONCERNING THIS PURCHASE.

Rep. BLANDING explained the Joint Resolution.

H. 3825 -- Rep. Gentry: A BILL TO AMEND SECTION 4-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO AUTHORIZE MEMBERS TO BE ELECTED AS PROVIDED BY ANY COURT-ORDERED PLAN.

S. 1107 -- Senators Thomas E. Smith, Jr. and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4095 SO AS TO PROVIDE FOR PERMITS FOR TRANSPORTING NO MORE THAN TWO MODULAR HOUSING UNITS OR SECTIONAL HOUSING UNITS IF THE TOTAL LENGTH IS NOT MORE THAN FIFTY-TWO FEET.

S. 407--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 407 be read the third time tomorrow.

S. 1077--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 1077 be read the third time tomorrow.

H. 3773--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3773 be read the third time tomorrow.

H. 3739--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BLANDING, with unanimous consent, it was ordered that H. 3739 be read the third time tomorrow.

H. 3825--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. GENTRY, with unanimous consent, it was ordered that H. 3825 be read the third time tomorrow.

OBJECTION TO MOTION

Rep. ALTMAN asked unanimous consent that S. 1107 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 3473--DEBATE ADJOURNED

Rep. CARNELL moved to adjourn debate upon the following Bill until Tuesday, April 22, 1986, which was adopted.

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

H. 3537--DEBATE ADJOURNED

Rep. CARNELL moved to adjourn debate upon the following Bill until Tuesday, April 22, 1986, which was adopted.

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

S. 304--DEBATE ADJOURNED

Rep. LEWIS moved to adjourn debate upon the following Joint Resolution until Tuesday, April 22, 1986, which was adopted.

S. 304 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE FINANCE AND TAXATION, BY ADDING SECTION 17, SO AS TO PROVIDE THAT THE STATE AND ITS COUNTIES, MUNICIPALITIES, AND THOSE OTHER POLITICAL SUBDIVISIONS AS THE GENERAL ASSEMBLY MAY PROVIDE, HAVE THE POWER TO LEVY AND COLLECT AD VALOREM TAXES, EXPEND GENERAL REVENUES, AND SUBJECT TO THE LIMITATIONS OF ARTICLE X INCUR GENERAL OBLIGATION DEBT FOR THE PURPOSES OF PROMOTING ECONOMIC DEVELOPMENT AND INDUSTRIAL DEVELOPMENT, THE ECONOMIC DEVELOPMENT AND INDUSTRIAL DEVELOPMENT BEING DECLARED TO BE PUBLIC AND CORPORATE PURPOSES OF THE STATE AND ITS POLITICAL SUBDIVISIONS FOR ALL THE RESIDENTS OF THE STATE OR THE POLITICAL SUBDIVISION UNDERTAKING THE ACTIVITY AND THESE ACTIVITIES UNDERTAKEN BY COUNTIES NOT BEING CONSIDERED TO BENEFIT ONLY A PARTICULAR GEOGRAPHICAL SECTION OF THE COUNTY SUBJECT TO THE REQUIREMENTS OF SECTION 12 OF ARTICLE X.

S. 1193--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 1193 -- Senator Waddell: A JOINT RESOLUTION TO REQUIRE THAT THE VALUE OF AGRICULTURAL REAL PROPERTY FOR TAXABLE YEAR 1986 BE DETERMINED BY USING SOUTH CAROLINA TAX COMMISSION GUIDELINES USED IN 1985 FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL USE AND TO REQUIRE THE TAX STUDY COMMISSION TO CONDUCT A REVIEW OF ALL AGRICULTURAL LAND USE AND VALUATION REGULATIONS AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 31, 1987.

Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3647R), which was adopted.

Amend the resolution, as and if amended, by striking SECTIONS 1 and 2 and inserting:

/SECTION 1. For the purpose of determining the fair market value of agricultural real property based on use for the 1986 and 1987 ad valorem taxable years, county assessors shall use the guidelines distributed by the South Carolina Tax Commission for determining fair market value for agricultural use in the 1985 ad valorem taxable year.

SECTION 2. The Tax Study Commission shall undertake a review of all regulations of the South Carolina Tax Commission relating to agricultural land use and valuation for the purpose of determining if modifications of the regulations are appropriate and where it determines that regulations should be modified, to make recommendations for appropriate regulation amendments. The Commission shall report its findings and any recommendations to the General Assembly no later than March 31, 1988./

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. SNOW spoke against the amendment.

Rep. THRAILKILL moved to adjourn debate upon the Resolution.

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

The question then recurred to the adoption of the amendment.

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

The amendment was then adopted by a division vote of 54 to 14.

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

S. 1193--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 1193 be read the third time tomorrow.

H. 3200--OBJECTION

The following Bill was taken up.

H. 3200 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEAL ACTING AS A SUPERSEDEAS FOR SIXTY DAYS FROM THE DATE OF CONVICTION FOR AN OFFENSE MAKING MANDATORY THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO MAKE THE SUPERSEDEAS APPLY DURING THE PENDENCY OF THE APPEAL.

Rep. BLACKWELL objected to the Bill.

H. 3548--DEBATE ADJOURNED

Rep. HEARN moved to adjourn debate upon the following Bill until Tuesday, April 22, 1986, which was adopted.

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.

H. 3690--OBJECTIONS

The following Joint Resolution was taken up.

H. 3690 -- Reps. Schwartz, Blanding and Griffin: A JOINT RESOLUTION TO EXEMPT PUBLIC FOUR-YEAR COLLEGES AND UNIVERSITIES AND THEIR BRANCHES FROM THE TWO PERCENT REDUCTION IN APPROPRIATIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD DURING FISCAL YEAR 1985-86.

ACTING SPEAKER SHEHEEN IN CHAIR

Reps. P. BRADLEY, KLAPMAN, DAVENPORT and KIRSH objected to the Bill.

SPEAKER IN CHAIR
S. 930--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until Tuesday, April 22, 1986, which was adopted.

S. 930 -- Senator Hayes: A BILL TO AMEND SECTION 23-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES AND COMMISSIONS OF SHERIFFS, SO AS TO FURTHER PROVIDE FOR THESE FEES AND COMMISSIONS.

H. 3713--POINT OF ORDER

The following Bill was taken up.

H. 3713 -- Rep. S. Anderson: A BILL TO AMEND CHAPTER 32 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS BY ADDING SECTION 27-32-250 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF "VACATION MULTIPLE OWNERSHIP INTERESTS".

POINT OF ORDER

Rep. HEARN 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. 3720--POINT OF ORDER

The following Bill was taken up.

H. 3720 -- Reps. Hawkins, P. Bradley, Russell, Davenport and Petty: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO FULL OR PARTIAL PAYMENT FOR RENT CHARGED FOR ANY RENTAL PROPERTY.

POINT OF ORDER

Rep. BOAN 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.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

POINT OF PRIVILEGE OF THE HOUSE

Rep. FOXWORTH arose to a Point of Privilege of the House.

H. 3671--AMENDED AND INTERRUPTED DEBATE

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

H. 3671 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450, 50-9-460, 50-9-470, 50-9-500, ALL AS AMENDED, AND SECTIONS 50-9-15, 50-9-135, 50-9-140, AND 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING AND FISHING LICENSES, GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145, 50-9-455, AND ARTICLE 8 TO CHAPTER 11 OF TITLE 50, SO AS TO PROVIDE PENALTIES FOR ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS ON THEM.

Rep. BEASLEY proposed the following Amendment No. 11, which was adopted.

Amend as and if amended.

By striking "thirty-two" in paragraph numbers "(2)" of Section 4 on p. 3 and inserting in the place thereof "forty-five".

Amend title to conform.

Rep. BEASLEY explained the amendment.

Rep. PEARCE spoke against the amendment.

Rep. GORDON spoke in favor of the amendment.

Rep. KLAPMAN asked unanimous consent that the time of the speaker be extended 2 minutes, which was agreed to.

Rep. GORDON continued speaking.

Rep. SIMPSON asked unanimous consent that the time of the speaker be extended 2 minutes, which was agreed to.

Rep. GORDON continued speaking.

Rep. FABER asked unanimous consent that the time of the speaker be extended 2 minutes, which was agreed to.

Rep. GORDON continued speaking.

The amendment was then adopted.

Reps. KOON, BARFIELD and OGBURN proposed the following Amendment No. 12 (Doc. No. 3254R), which was tabled.

Amend the bill, as and if amended, page 4, item (2) of Section 50-9-135 as contained in SECTION 5, by striking beginning on line 7 of the item /seventy-five dollars and fifty cents/ and inserting /sixty dollars and fifty cents/.

Amend title to conform.

Rep. OGBURN explained the amendment.

Rep. GORDON spoke against the amendment and moved to table the amendment which was agreed to.

Reps. KOON, BARFIELD and OGBURN proposed the following Amendment No. 13 (Doc. No. 3252R), which was tabled.

Amend the bill, as and if amended, page 3, item (1) of Section 50-9-130 as contained in SECTION 4, by striking on line 1 of the item /seventy/ and inserting /sixty/.

Amend title to conform.

Rep. OGBURN explained the amendment.

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

LEAVE OF ABSENCE

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

Reps. BARFIELD, KOON and OGBURN proposed the following Amendment No. 14 (Doc. No. 3356R), which was tabled.

Amend the bill, as and if amended, page 2, by inserting after /licenses/ on line 9, /and the resident big game permit/ and by inserting after /licenses/ on line 32 /and the resident big game permit/ and by inserting before /,/ on line 34 /for big game/.

Amend further, page 3, line 24, by striking /seventy/ and inserting /seventy-one/ and on line 29 by striking /thirty-two/ and inserting /thirty-three/ and on line 32 by striking /eighteen/ and inserting /nineteen/.

Amend further, page 4, line 10, by striking /five dollars/ and inserting /one dollar/ and on line 41 by striking /fifteen/ and inserting /sixteen/.

Amend further, page 6, by striking line 18 and inserting:

/purchase a state waterfowl stamp. However, no person currently holding an over-sixty-five license is required to purchase the special habitat permit."/ and on line 29 by striking /is thirty/ and inserting /is thirty-one/.

Amend further, page 7, line 29, by striking /is eleven/ and inserting /is twelve/.

Amend further, page 9, line 34, by striking /fifteen/ and inserting /sixteen/.

Amend further, page 10, line 4, by striking /fifteen/ and inserting /sixteen/ and by striking line 20, and inserting /by rent, purchase or lease, or exchange and/ and by striking lines 30 through 45 and inserting /the department may not lease any land for the Wildlife Management Area Program which has not previously been in the Game Management Area Programs. The Department may/.

Amend further, page 12, by striking lines 8 and 9 and inserting:

/SECTION 3. Section 50-9-135 of the 1976 Code is repealed.

SECTION 4. This act shall take effect July 1, 1986./.

Amend title to conform.

Rep. OGBURN explained the amendment.

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

Rep. HOLT proposed the following Amendment No. 15, which was adopted.

Amend as and if amended.

By striking Section 9 on Page 6.

Renumber the remaining sections with the appropriate number.

Rep. HOLT explained the amendment.

Rep. PEARCE spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

The amendment was then adopted.

Rep. PEARCE proposed the following Amendment No. 17 (Doc. No. 3838R), which was adopted.

Amend the bill, as and if amended, page 2, by inserting after /licenses/ on line 9, /and the resident big game permit/ and by inserting after /licenses/ on line 32 /and the resident big game permit/ and by inserting before /,/ on line 34 /for big game/.

Amend further, page 4, line 10, by striking /five dollars/ and inserting /one dollar/.

Amend totals and title to conform.

Rep. PEARCE explained the amendment.

The amendment was then adopted.

Reps. KIRSH and McABEE proposed the following Amendment No. 19 (Doc. No. 3872R), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___. Additional fees, fines, licenses, and penalties received by the Wildlife and Marine Resources Department, as a result of the provisions of this act, in excess of 1.5 million dollars annually must be deposited in the general fund of the state./

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

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

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

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

Yeas 48; Nays 36

Those who voted in the affirmative are:

Schwartz               Alexander              Altman
Anderson, J.           Aydlette               Bailey, G.
Bailey, K.             Barfield               Beasley
Bennett                Blanding               Brown, G.
Brown, H.              Brown, R.              Cork
Dangerfield            Davenport              Elliott
Foxworth               Freeman                Gentry
Gilbert                Gregory                Hawkins
Johnson, J.C.          Johnson, J.W.          Jones
Keyserling             Lewis                  Lockemy
Martin, D.             Mattos                 McTeer
Mitchell               Neilson                Pearce
Petty                  Rawl                   Rhoad
Rice                   Rogers, J.             Rogers, T.
Russell                Sheheen                Snow
Washington             White                  Wilkins

Total--48

Those who voted in the negative are:

Anderson, S.           Arthur, J.             Arthur, W.
Blackwell              Boan                   Bradley, P.
Brown, J.              Burriss, J.H.          Burriss, M.D.
Carnell                Chamblee               Cleveland
Cooper                 Day                    Faber
Hayes                  Hearn                  Hendricks, B.
Hendricks, L.          Holt                   Kirsh
Klapman                Lake                   Mangum
Martin, L.             McAbee                 McEachin
McLellan               Ogburn                 Phillips, L.
Phillips, O.           Simpson                Taylor
Townsend               Tucker                 Waldrop

Total--36

So, the amendment was tabled.

Reps. J. ANDERSON, McABEE, WALDROP and GENTRY proposed the following Amendment No. 21 (Doc. No. 3891R).

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/SECTION ____. Section 50-11-530 of the 1976 Code is amended by adding at the end the following:

"If the Commission provides for a season for the taking of deer in any game zone shorter than September first through January first, inclusive, then all fees for hunting licenses must be proportionately reduced and refunded if necessary, for persons residing in those game zones."/

Renumber sections to conform.

Amend title to conform.

Rep. J. ANDERSON explained the amendment.

POINT OF ORDER

Rep. GREGORY raised the Point of Order that Amendment No. 21 was not germane to the Bill as it dealt with hunting seasons, which would appear in a different Code Section than that of the license fees dealt with in the Bill before the House.

The SPEAKER Pro Tempore overruled the Point of Order.

Rep. J. ANDERSON continued speaking.

Rep. ALEXANDER spoke against the amendment.

Reps. McABEE and GENTRY spoke in favor of the amendment.

Rep. ALEXANDER moved to table the amendment.

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

Yeas 32; Nays 52

Those who voted in the affirmative are:

Alexander              Altman                 Aydlette
Bennett                Brown, G.              Brown, H.
Cleveland              Davenport              Day
Evatt                  Ferguson               Foxworth
Freeman                Gregory                Hawkins
Hendricks, B.          Keyserling             Martin, L.
Mattos                 McTeer                 Neilson
Pearce                 Petty                  Rice
Rogers, J.             Russell                Sheheen
Shelton                Simpson                Snow
Waldrop                Winstead

Total--32

Those who voted in the negative are:

Anderson, J.           Anderson, S.           Arthur, J.
Bailey, G.             Bailey, K.             Barfield
Blackwell              Boan                   Bradley, P.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Carnell                Chamblee               Cooper
Elliott                Fair                   Foster
Gentry                 Gilbert                Gordon
Harris, J.             Harris, P.             Harvin
Hayes                  Hearn                  Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kirsh                  Lake
Lewis                  Lockemy                Mangum
McAbee                 McEachin               Nettles
Ogburn                 Phillips, O.           Rawl
Rhoad                  Rigdon                 Rogers, T.
Stoddard               Taylor                 Townsend
Tucker                 Washington             Wilkins
Woodruff

Total--52

So, the House refused to table the amendment.

Rep. McTEER moved to adjourn debate upon the amendment.

Rep. McABEE moved to table the motion which was not agreed to by a division vote of 11 to 59.

The question then recurred to the motion to adjourn debate on the amendment, which was agreed to.

Rep. GORDON moved that the House do now adjourn.

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

Yeas 48; Nays 38

Those who voted in the affirmative are:

Alexander              Arthur, J.             Aydlette
Bailey, G.             Bailey, K.             Barfield
Beasley                Blackwell              Boan
Brown, J.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Carnell                Cleveland
Day                    Elliott                Faber
Freeman                Gilbert                Gordon
Gregory                Harris, J.             Harris, P.
Harvin                 Hearn                  Holt
Kirsh                  Mangum                 Martin, D.
Mattos                 McAbee                 McBride
McLeod                 Nettles                Phillips, O.
Rhoad                  Rigdon                 Shelton
Simpson                Stoddard               Taylor
Thrailkill             Townsend               Waldrop
Washington             White                  Winstead

Total--48

Those who voted in the negative are:

Schwartz               Altman                 Anderson, J.
Anderson, S.           Brown, H.              Chamblee
Cooper                 Davenport              Evatt
Foster                 Foxworth               Gentry
Hawkins                Hayes                  Hendricks, B.
Johnson, J.W.          Jones                  Keyserling
Lake                   Lewis                  Lockemy
Martin, L.             McEachin               McTeer
Neilson                Ogburn                 Pearce
Petty                  Rawl                   Rice
Rogers, J.             Rogers, T.             Russell
Sheheen                Snow                   Tucker
Wilkins                Woodruff

Total--38

So, the motion to adjourn was agreed to.

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

FUNERAL PROGRAM

On motion of Rep. GILBERT, with unanimous consent, the following Funeral Program for the late Hudson L. Barksdale, Sr., was ordered printed in the Journal as follows:

HOMEGOING CELEBRATION
FOR
THE HONORABLE DR. HUDSON LEE BARKSDALE, SR.
WEDNESDAY, APRIL 16, 1986--4:00 P.M.
FIRST A.M.E. CHURCH
NORTH CHURCH STREET
SPARTANBURG, SOUTH CAROLINA
REVEREND EDDIE GASTON, OFFICIATING

PRELUDE
PROCESSIONAL     "Going Home"
SELECTION     Choir

"Peace Be Still"
PRAYER
SCRIPTURE     Old Testament - Psalm 90

New Testament - 13th Chapter of

Corinthians
SOLO     Mr. Vincent Cleveland

"The Lord's Prayer"
REMARKS     Miss Charlie Mae Campbell

Confidante and Friend

The Honorable Samuel P. Manning

Friend and Former House Seatmate

Mr. George Wright

Church Class Leader

Dr. Walker Solomon

Long Standing True Friend

Representative Tee Ferguson
SOLO     Mr. Vincent Cleveland

"Let The Work I've Done Speak

For Me", Mrs. Carrie Boston,

Organist
POEM     Jeanne Barksdale Keith, Daughter

PRAYER FOR SON
"I told you five times, already, Hudson"
Please God,
Caress his heart, cushion his emotions and
love him tenderly as he pours forth love
for his Dad.
Help him respond, yet once again,
to the love his Dad so openly wrapped
him in for all of his thirty-seven years.

Amen,

From Mother
SELECTION     Choir

"In The Hour of Trial"
EULOGY     Rev. Hudson Lee Barksdale, Jr., Son
RECESSIONAL     "Going Home"
INTERMENT     Lincoln Memorial Gardens

Spartanburg, South Carolina

THE HONORABLE DR. HUDSON L. BARKSDALE, SR.
A BIOGRAPHY

The Honorable Dr. Hudson L. Barksdale, Sr., was a native of Barksdale, Laurens County, South Carolina; the son of the late John Wesley and Mary Clark Barksdale. A graduate of South Carolina State College (A.B.) and of Teachers College, Columbia University (M.A.), he was the recipient of an honorary Doctorate of Humane Letters (May, 1982), awarded by Allen University. Residing in Spartanburg all of his adult life, Dr. Barksdale contributed much as an educator, a community leader and legislator.

Dr. Barksdale was a Pacolet school principal and a 25 year veteran Spartanburg classroom teacher and was named (1961) Teacher of the Year by the Spartanburg County Teachers Association.

As a leader in education, he was a member of the State Council on Teacher Education (1958) and of the Board of Directors and the Legislative Committee of the South Carolina Education Association (1968-1970). He also served as President of the Palmetto Education Association (1962-64) and President-Elect of the American Teachers Association (1966).

In recognition of his service to education, he was the recipient of many awards and accolades including Distinguished Service Awards presented by the Palmetto Education Association (1964), American Teachers (1969), and National Education Association (1971). Upon the invitation of the late President John F. Kennedy, Dr. Barksdale was a participant in the White House Conference on Education (1963). In continued service to the National Education Association (NEA), he was the recipient of its H. Council Trenholm Award (1965) for intergroup relations. As Chairman of the Association's Professional Rights and Responsibilities Commission, he was the first recipient of the Commission's gavel. He was also a recipient of an NEA Award (May, 1982) recognizing his outstanding leadership and service to public education, to NEA, and to the American Teachers Association. He served as a Trustee to Winthrop College.

Dr. Barksdale's life is chronicled in A HISTORY OF THE PALMETTO EDUCATION ASSOCIATION by John Potts, Sr. His Portrait hangs in the South Carolina Education Association Building, Columbia, and in the National Education Association Board Room, Washington, D.C. The NEA Headquarters in Washington houses in its archives both his portrait and his biography. He was listed in WHO'S WHO IN AMERICAN EDUCATION and in LEADERS IN EDUCATION IN AMERICA.

A dynamic community leader, Dr. Barksdale was President of the Spartanburg Branch of the NAACP (1950-57); recipient of the coveted Silver Beaver Award, Boy Scouts of America; a member of the Mayor's Committee on Youth Employment (1969-70) and on Human Relations (1970-74); member of the Spartanburg County Mental Health Board (1969-72); and member of the Governor's Tricentennial Commission. Dr. Barksdale was originator and historian of the Mary H. Wright Project, a local park and greenway. The thoroughfare bordering the Project, "Hudson Barksdale Boulevard," is named in his honor. These and other services were recognized by an NAACP Award (1982) from the Spartanburg Branch.

Other recognitions of his civic contributions include the City of Spartanburg Certificate of Recognition (1977); the South Spartanburg Sertoma Club Service to Mankind Award (1977); and Rutledge College Humanitarian Service Award (1980). He was also listed in WHO'S WHO IN SOUTH CAROLINA and WHO'S WHO IN THE SOUTH AND SOUTHWEST.

Representing District #31, Spartanburg County, in the South Carolina State Legislature since 1975, his term ended November, 1982. Dr. Barksdale's Legislative work included Third and Second Vice-Chairman of the Education and Public Works Committee. He was also a member of the House Reorganization and Basic Skills Assessment Committees and of the Committee on Aging. He sponsored and supported legislation in these special interest areas: child abuse, education, tax and spending and benefits to the elderly. He and former Representative Sam Manning were sponsors of legislation commissioning the portrait of Dr. Benjamin Mays and its hanging in the State House.

In recognition of his service in the political arena, he was the recipient of a South Carolina State Democratic Party Distinguished Service Award (1981). He was also listed in WHO'S WHO IN AMERICAN POLITICS (1981). He was the recipient of the Legislative Black Caucus Award (October, 1982) for distinguished and meritorious service to District #31 and to the people of South Carolina.

Dr. Barksdale was a pioneer in the founding of the B & B Insurance Agency which he owned and operated for twenty years.

He authored several Biblical tracts and editorials on educational and philosophical topics. A member of the First A.M.E. Church, his Christian service included, adult Sunday School teacher, Chairman of the Steward Board, former District Superintendent of the Sunday School and delegate to the General Conference of the African Methodist Episcopal Church.

ENTERED INTO REST
April 13, 1986
Spartanburg General Hospital
Spartanburg, South Carolina
SURVIVORS

He leaves to cherish his loving memory: his devoted wife, Mrs. Katie Knuckles Barksdale of the home; his daughter, Jeanne Barksdale Keith; his son, Hudson Lee Barksdale, Jr., an ordained minister and Field Representative in the office of U.S. Congressman, Carroll Campbell; a daughter-in-law, Linda Burgess Barksdale of Spartanburg, a son-in-law, Eddie Joel Keith of Wilmington, North Carolina; two grandchildren, Gina Nicole Barksdale of Spartanburg, and Darryl Joel Keith of Wilmington; two step-grandchildren, Tushauna and Syreeta Tolliver of Spartanburg; ten nephews, among whom are Ernest Lewis, Jr., and Richard Lewis of Spartanburg, Attorney Leonard Barksdale, III of Houston, Texas, Harold Knuckles of Las Vegas, Nevada, Archie Knuckles of Clarkston, Virginia, Clifford Smith of Pacolet Mills, Wiley Hill of Baltimore, Mary and Reginald Pope of Galveston, Texas; three sisters-in-law, Mrs. Lucille Barksdale of Winston-Salem, North Carolina; Mrs. Ruby K. Smith of Pacolet Mills and Mrs. Margaret K. Smith of Cleveland, Ohio; seven nieces, Mrs. Lynn Nita B. Pope and Mrs. Joanie Barksdale of Galveston, Texas, Mrs. Sonya Mills of Atlanta, Georgia, Mrs. Debra Ann Lewis Pino of New York City, Mrs. Patricia K. Caldwell and Mrs. Loretta S. Weems of Cleveland, Ohio, Mrs. Juanita Wallace of Pacolet Mills, who lovingly cared for him during his illness and Mrs. Vivian L.S. Nesbitt of Spartanburg; one brother-in-law, C.B. Smith of Pacolet Mills and many other dear relatives and friends.

He was preceded in death by his first wife, the former Geneva Snipes Barksdale. To their union was born one daughter, Jeanne Barksdale Keith, a former teacher who resides in Wilmington, North Carolina.

So live, that when thy summons comes to join
The innumerable caravan, which moves
To that mysterious realm where each shall take
His chamber in the silent halls of death,
Thou go not, like the quarry slave at night,
Scourged to his dungeon, but, sustained
and soothed
By an unfaltering trust, approach thy grave,
Like one who wraps the drapery of his couch
About him, and lies down to pleasant dreams.

THANATOPSIS

William Cullen Bryant

FLOWER BEARERS
Alpha Kappa Alpha Sorority, Inc.
Women's Auxiliary, First A.M.E. Church
The Links, Inc.
HONORARY CASKET BEARERS
Members of the General Assembly
Steward Board Members, First A.M.E. Church
Alpha Phi Alpha Fraternity, Inc.
CASKET BEARERS
The Nephews
IN APPRECIATION
Perhaps you sent a lovely card,
Or sat quietly in a chair;
Perhaps you sent a floral piece,
If so, we saw it there.
Perhaps you spoke the kindest words,
As any friend could say.
Perhaps you were not there at all,
Just thought of us that day.
Whatever you did to console our hearts,
We thank you so much whatever the part.

The Family

Callaham Funeral Home
226 North Dean Street
Spartanburg, South Carolina
RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3836 -- Horry County Delegation: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO FAMILY COURT JUDGE RALPH HOFFMAN OF CONWAY IN HORRY COUNTY UPON HIS RETIREMENT.

ADJOURNMENT

At 12:20 P.M. the House in accordance with the motion of Rep. GORDON adjourned to meet at 10:00 A.M. tomorrow.

* * *


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