South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

THURSDAY, APRIL 2, 1987

Thursday, April 2, 1987
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A. M.

Deliberations were opened with prayer by the Reverend Dr. Francis M. Burriss, Pastor Lake Murray Presbyterian Church, White Rock, S.C. as follows:

Gracious God, Creator of life and Author of all that is good and eternal, grant to us this day a stillness of mind and spirit. In this moment of quiet may we become aware of our need for Thee.

Enable us, O God, to direct our actions towards that which is good and noble and in keeping with Thy will. Give to us an active sympathy for all who are less fortunate than we; remove from our hearts any hatred, any bitterness, any prejudice, any arrogance, any self-serving motives and make each of us an active instrument of reconciliation and Thy peace, in the name of our Lord 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 the SPEAKER.

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

INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

December 19, 1986
Honorable Samuel R. Foster
Chairman Invitations Committee
P.O. Box 11867
Columbia, S.C. 29211

Dear Sir:

For the past 27 years a group of men in Columbia have sponsored a State Wide Prayer Breakfast. This breakfast is a follow-up of the National Prayer Breakfast held in Washington, D.C. annually. The purpose of this breakfast is to bring together interested men and women from around the State to the State Capitol to undergird our elected officials with prayer.

This letter is to request that this event be placed on the House of Representatives calendar for the morning of April 29, 1987 from 7:45 A.M. to 9:15 A.M. Each Representative will receive a personal invitation.

Your cooperation and assistance with this request is deeply appreciated.

Respectfully,
C.T. Young, Chairman
S.C. Prayer Fellowship

REPORT OF STANDING COMMITTEE

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

S. 589 -- Senators Powell, Long, Lourie, Moore, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Patterson, Peeler, Pope, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO OVERRIDE THE VETO PRESIDENT REAGAN HAS PROMISED TO GIVE TO THE EIGHTY-EIGHT BILLION DOLLAR, FIVE-YEAR UNITED STATES HIGHWAY BILL CONTAINING THREE SOUTH CAROLINA PROJECTS.

S. 589--ADOPTED AND RETURNED TO SENATE

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

S. 589 -- Senators Powell, Long, Lourie, Moore, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Patterson, Peeler, Pope, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO OVERRIDE THE VETO PRESIDENT REAGAN HAS PROMISED TO GIVE TO THE EIGHTY-EIGHT BILLION DOLLAR, FIVE-YEAR UNITED STATES HIGHWAY BILL CONTAINING THREE SOUTH CAROLINA PROJECTS.

Whereas, the State of South Carolina has a desire to see the highway projects provided for in the eighty-eight billion dollar, five-year United States highway bill authorized and funded; and

Whereas, United States Senate Republican leaders are putting pressure on members to support the Reagan veto expected tomorrow saying the vote is a test of the President's effort to bounce back from the Iran-Contra affair; and

Whereas, the South Carolina projects in the measure are the proposed Myrtle Beach Connector, estimated to cost 435.3 million dollars, the Bobby Jones Expressway around North Augusta, 60 million dollars, and the Isle of Palms Connector near Charleston, 20.3 million dollars; and

Whereas, the United States Senate cleared the highway and mass transit reauthorization bill yesterday by a 79-17 vote, and on Wednesday, the United States House of Representatives passed it 407-17; and

Whereas, the bill authorizing 148.2 million dollars for the Palmetto State includes a provision allowing a 65 mile an hour speed limit on rural highways; and

Whereas, the highway bill is critical to development and tourism in the district of United States Representative Robin Tallon, and he predicts "If we don't override the veto, projects all over this country will come to a screeching halt"; and

Whereas, the 99th Congress failed to complete action on a highway bill, leaving states with limited funding and threatening loss of jobs in the construction industry; and

Whereas, the United States House of Representatives is expected to override Reagan's veto, making the United States Senate the focus of the battle. Now, therefore,

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

That the General Assembly of the State of South Carolina memorializes Congress to override the veto President Reagan has promised to give to the eighty-eight billion dollar, five-year United States highway bill containing three South Carolina projects.

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

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2779 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION COMMENDING THE SINGER COMPANY'S ANDERSON, SOUTH CAROLINA PLANT UPON ACCOMPLISHING A MONUMENTAL MILESTONE IN JANUARY OF THIS YEAR IN REACHING FIVE MILLION MANHOURS OF WORK WITHOUT A LOST-TIME INJURY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2780 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING JANIE HAYNIE HENTZ OF ANDERSON COUNTY UPON BEING ELECTED TO THE SOUTH CAROLINA ATHLETIC HALL OF FAME.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2781 -- Reps. Clyborne, M.O. Alexander, Baker, Blackwell, P. Bradley, Fair, Haskins, Mattos, L. Phillips, Rice, Shelton and Wilkins: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF GREENVILLE COUNTY'S MOST DISTINGUISHED EDUCATORS, DR. THOMAS E. BARTON, JR., PRESIDENT OF GREENVILLE TECHNICAL COLLEGE, UPON HIS INDUCTION INTO THE SOUTH CAROLINA ATHLETIC HALL OF FAME.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 594 -- Senator Garrison: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. JANIE HAYNIE HENTZ OF BELTON IN ANDERSON COUNTY ON HER ELECTION TO THE SOUTH CAROLINA ATHLETIC HALL OF FAME.

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

H. 2780--RECONSIDERED AND TABLED

Rep. TUCKER moved to reconsider the vote whereby the following Concurrent Resolution was adopted, which was agreed to.

H. 2780 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING JANIE HAYNIE HENTZ OF ANDERSON COUNTY UPON BEING ELECTED TO THE SOUTH CAROLINA ATHLETIC HALL OF FAME.

Rep. BEASLEY moved to table the Concurrent Resolution which was agreed to.

CONCURRENT RESOLUTION

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

S. 595 -- Senators Shealy, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Saleeby, Setzler, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION PROCLAIMING APRIL 27 THROUGH MAY 3, 1987, AS "SADD AWARENESS WEEK".

Whereas, injury from alcohol-related accidents is teenagers' number one health problem today; and

Whereas, teenagers who drink and drive cause the death of themselves and others; and

Whereas, teenage passengers show a high rate of death starting at age thirteen; and

Whereas, drinking and driving is the number one cause of death of Americans up to age thirty; and

Whereas, someone is killed by a drunk driver every twenty-three minutes; and

Whereas, drunk drivers will kill seventy people today alone and injure two thousand one hundred fifty more; and

Whereas, in 1980 more than seven thousand teenagers lost their lives in alcohol-related automobile fatalities; and

Whereas, the sixteen to twenty-four age group causes forty-four percent of nighttime fatal alcohol-caused crashes; and

Whereas, SADD, Students Against Driving Drunk, is a group of students organized to help save their own lives and the lives of others and to educate students about the problem of drinking and driving and increase public awareness and prevention of this problem everywhere; and

Whereas, members of SADD pledge not to drink and drive, and not to be a passenger in a car with a drunk driver, and to help friends not to drink and drive; and

Whereas, SADD would like to bring these facts to the attention of the State. Now, therefore,

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

That April 27 through May 3, 1987, is proclaimed "SADD Awareness Week".

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. 610 -- Senator Garrison: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE STACY FORD OF WESTSIDE HIGH SCHOOL, ANDERSON, ON BEING NAMED MISS BASKETBALL OF SOUTH CAROLINA FOR 1987 AND ON BEING SELECTED AS A MEMBER OF PARADE MAGAZINE'S HIGH SCHOOL ALL-AMERICAN TEAM AND TO EXTEND BEST WISHES IN ALL FUTURE ENDEAVORS.

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. 611 -- Senator Macaulay: A CONCURRENT RESOLUTION TO CONGRATULATE WALHALLA MIDDLE SCHOOL IN WALHALLA ON BEING SELECTED as THE WINNER OF THE "PALMETTO'S FINEST" AWARD PRESENTED BY THE SOUTH CAROLINA ASSOCIATION OF ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS.

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

INTRODUCTION OF BILLS

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

H. 2782 -- Rep. J. Rogers: A BILL TO AMEND SECTION 50-13-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS GOVERNING FISHING IN RED BLUFF POND IN MARLBORO COUNTY, SO AS TO ALLOW THE USE OF MINNOWS AS BAIT.

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

H. 2783 -- Ways and Means Committee: A BILL TO AMEND SECTION 59-115-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE EDUCATION ASSISTANCE ACT SO AS TO REVISE THE DEFINITION OF "STUDENTS" FOR PURPOSES OF THE ACT THEREBY MAKING ANY QUALIFYING STUDENT RATHER THAN ONLY QUALIFYING RESIDENTS OF SOUTH CAROLINA ELIGIBLE FOR STUDENT LOANS.

Without reference.

H. 2784 -- Reps. J. Bradley, Holt, Aydlette, Winstead, Foxworth, Dangerfield and Mappus: A JOINT RESOLUTION TO PROVIDE THAT THE CHARLESTON COUNTY SCHOOL DISTRICT IS REMOVED FROM THE LIST OF "SERIOUSLY IMPAIRED" SCHOOL DISTRICTS DECLARED AS SUCH PURSUANT TO THE PROVISIONS OF SECTION 59-18-30 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

H. 2785 -- Reps. Fair, Corning and Waldrop: A BILL TO AMEND ARTICLE 1 OF CHAPTER 19 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL TRUSTEES AND GENERAL PROVISIONS, BY ADDING SECTION 59-19-91 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF ANY SCHOOL DISTRICT IN THE STATE TO CHARGE REASONABLE MATRICULATION AND INCIDENTAL FEES, INCLUDING SCHOOL MATERIALS, SCHOOL EQUIPMENT, SCHOOL SERVICES, AND RELATED SCHOOL USER FEES, TO THE STUDENTS OF ITS DISTRICT, INCLUDING ALSO FEES OR RENTAL CHARGES FOR THE USE OF BOOKS OTHER THAN BASAL TEXTBOOKS, AND TO PROVIDE THAT THE FEES OR CHARGES AUTHORIZED BY THIS SECTION ARE SUBJECT TO CERTAIN CONDITIONS, INCLUDING THE PROVISION THAT STUDENTS WHO DEMONSTRATE, OR WHOSE PARENTS OR LEGAL GUARDIANS DEMONSTRATE, A FINANCIAL INABILITY TO PAY THE FEES OR CHARGES ARE EXEMPTED FROM THE PAYMENT THEREOF; AND TO REPEAL ITEM (8) OF SECTION 59-19-90 RELATING TO THE POWER OF SCHOOL TRUSTEES TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS WHEN ALLOWED BY ANY SPECIAL ACT OF THE GENERAL ASSEMBLY.

Referred to Committee on Education and Public Works.

H. 2786 -- Rep. Lewis: A BILL TO AMEND SECTION 11-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A CONTINUING ACCOUNT UNDER THE STATE TREASURER FOR THE PURPOSE OF PROVIDING STATE MATCHING DISASTER ASSISTANCE FUNDS WHEN REQUIRED BY THE FEDERAL ENTITY PROVIDING THE FUNDS, SO AS TO PROVIDE THAT THE DISASTER ASSISTANCE MATCHING FUNDS IN THE ACCOUNT MAY ALSO BE USED TO COVER THOSE INDIVIDUAL AND FAMILY GRANT (IFG) PROGRAM ADMINISTRATIVE EXPENSES WHICH EXCEED THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) ADMINISTRATIVE EXPENSE ALLOWANCE.

Referred to Committee on Ways and Means.

H. 2787 -- Reps. J. Bradley, Aydlette, Kohn, Sharpe, Winstead, Waldrop, Davenport, J.W. McLeod and Klapman: A JOINT RESOLUTION TO PROVIDE THAT THE POSITION OF VICE PRESIDENT FOR ACADEMIC AFFAIRS AND DEAN OF THE COLLEGE IS DELETED FROM THE LIST OF AUTHORIZED POSITIONS AT THE CITADEL.

Referred to Committee on Education and Public Works.

H. 2788 -- Reps. Wells, Neilson, H. Brown, Aydlette, Davenport, White, Taylor, Gilbert, Russell, G. Brown, T.M. Burriss, McEachin, McBride, J. Brown, Moss, Baker, J. Harris, McGinnis and Chamblee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-147 SO AS TO REQUIRE A PERSON TO SUBMIT A CERTIFICATE FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THAT AS A RESULT OF A BLOOD TEST HE IS FREE OF ANY COMMUNICABLE DISEASE AND THE HTLV-III ANTIBODY BEFORE HE MAY BE EMPLOYED BY A FOOD SERVICE OR FOOD PROCESSING ESTABLISHMENT AND TO PROVIDE PENALTIES.

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

H. 2789 -- Rep. Moss: A BILL TO AMEND CHAPTER 31, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNEMPLOYMENT COMPENSATION BENEFITS BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT NONPROFIT ORGANIZATIONS AND GOVERNMENTAL ENTITIES WHICH ARE "REIMBURSABLE EMPLOYERS" MAY NOT BE CHARGED ANY PRO RATA SHARE OF UNEMPLOYMENT COMPENSATION BENEFITS PAID TO CERTAIN INDIVIDUALS.

Referred to Committee on Labor, Commerce and Industry.

H. 2790 -- Reps. Moss, J. Bradley, T. Rogers, O. Phillips and Petty: A BILL TO AMEND SUBARTICLE 3, ARTICLE 7, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IDENTIFICATION OF ABUSED AND NEGLECTED CHILDREN, BY ADDING SECTION 20-7-535 SO AS TO PROVIDE THAT IN A FAMILY COURT HEARING PROOF OF THE RESPONDENT'S ABUSE OR NEGLECT OF ONE CHILD IS ADMISSIBLE EVIDENCE ON THE ISSUE OF THE ABUSE OR NEGLECT OF ANY OTHER CHILD FOR WHICH THE RESPONDENT IS A PERSON RESPONSIBLE FOR THAT CHILD'S WELFARE.

Referred to Committee on Judiciary.

H. 2791 -- Reps. Moss, O. Phillips, Neilson and Petty: A BILL TO AMEND CHAPTER 15, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE AND RECOGNIZANCE, BY ADDING SECTION 17-15-16 SO THAT NO PERSON MAY BE RELEASED FROM IMPRISONMENT OR PAROLED WHO HAS BEEN CHARGED WITH OR CONVICTED OF TAKING THE LIFE OF A LAW ENFORCEMENT OFFICER, A JUDICIAL OFFICER, A FORMER JUDICIAL OFFICER, A SOLICITOR, A FORMER SOLICITOR, A PEACE OFFICER, AN EMPLOYEE OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS, OR A FIREMAN, ALL WHILE ENGAGED IN THE PERFORMANCE OF THEIR DUTIES; AND TO AMEND ARTICLE 7, CHAPTER 21, TITLE 24, RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT, BY ADDING SECTION 24-21-615 SO AS TO PROHIBIT ANY PERSON FROM BEING PAROLED WHO HAS BEEN CONVICTED OF ANY OF THE CRIMES LISTED IN SECTION 17-15-16.

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

H. 2792 -- Reps. Lockemy and J.W. McLeod: A BILL TO TRANSFER THE ASSETS OF THE DILLON COUNTY HISTORIC PRESERVATION COMMISSION TO THE DILLON COUNTY THEATER ASSOCIATION AND TO REPEAL ACT 1027 OF 1966 RELATING TO THE CREATION OF THE DILLON COUNTY HISTORIC PRESERVATION COMMISSION.

Referred to Dillon Delegation.

H. 2793 -- Reps. Foxworth, Limehouse, J. Bradley and Mappus: A BILL TO AMEND ARTICLE 1, CHAPTER 7, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE BILLS AND ENACTMENTS BY ADDING SECTION 2-7-73, SO AS TO PROVIDE THAT THE AMOUNT OF FUNDING RECEIVED BY ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY DURING A FISCAL YEAR FROM, AND THE AMOUNT OF ANY COMPENSATION PAID TO AN EMPLOYEE THEREOF DURING THAT FISCAL YEAR BY, A NONPROFIT EDUCATIONAL FOUNDATION AFFILIATED OR ASSOCIATED WITH THE INSTITUTION MUST BE REPORTED TO THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE BY THE FOLLOWING JANUARY FIRST SO THAT THESE COMMITTEES MAY HAVE THIS INFORMATION WHEN CONSIDERING THE NEXT YEAR'S GENERAL APPROPRIATIONS BILL.

Referred to Committee on Ways and Means.

H. 2794 -- Rep. T. Rogers: A BILL TO AMEND ARTICLE 1, CHAPTER 11 OF TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE OFFICERS AND EMPLOYEES BY ADDING SECTION 8-11-83 SO AS TO PROVIDE THAT THE COMPTROLLER GENERAL SHALL, UPON REQUEST OF EMPLOYEES OF THE STATE, MAKE DEDUCTIONS FROM THE COMPENSATION OF THE EMPLOYEES FOR THE PAYMENT OF MEMBERSHIP DUES FOR THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION.

Referred to Committee on Ways and Means.

H. 2795 -- Richland County Delegation: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT PRIOR TO ANY MERGER OR ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY A REFERENDUM IN EACH SCHOOL DISTRICT MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE MERGER OR ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT FAVOR THEIR MERGER OR ALTERATION, AND PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM; TO AMEND ACT 280 OF 1979, RELATING TO TAX LEVIES FOR LEXINGTON AND RICHLAND COUNTY SCHOOLS, SO AS TO PROVIDE THAT EFFECTIVE WITH THE FISCAL YEAR BEGINNING JULY 1, 1988, A SCHOOL TAX LEVY FOR GENERAL OPERATING PURPOSES FOR RICHLAND COUNTY SCHOOL DISTRICTS ONE AND TWO MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE DISTRICTS, PROVIDE THAT THE LEVY MAY NOT BE INCREASED MORE THAN FIVE PERCENT OF THE LOCAL TAX MILLAGE FOR OPERATING PURPOSES FROM THE PREVIOUS FISCAL YEAR UNLESS THE INCREASE IS APPROVED BY THE RICHLAND COUNTY COUNCIL, AND PROVIDE AS AN ALTERNATIVE, INSTEAD OF REQUESTING THE INCREASE FROM THE COUNCIL, THE BOARD OF EITHER DISTRICT MAY SEEK APPROVAL OF AN INCREASE BY A REFERENDUM, AND AUTHORIZE EACH BOARD TO ESTABLISH THE MILLAGE LEVEL FOR THE 1987-88 SCHOOL YEAR AT A RATE NOT TO EXCEED THE MILLAGE LEVEL FOR THE 1984-85 SCHOOL YEAR; AND TO DEVOLVE ALL POWERS OF THE RICHLAND COUNTY BOARD OF EDUCATION AND SUPERINTENDENT OF EDUCATION, WHICH WERE DEVOLVED UPON THE RICHLAND COUNTY COUNCIL, UPON THE SCHOOL BOARDS OF RICHLAND COUNTY SCHOOL DISTRICTS ONE AND TWO.

Rep. T.M. BURRISS moved to commit the Bill to the Richland Delegation.

Rep. TOAL moved to table the motion, which was agreed to.

The SPEAKER ordered the Bill placed on the Calendar without reference.

H. 2796 -- Reps. J.C. Johnson, Townsend, M.O. Alexander, Aydlette, G. Bailey, K. Bailey, Baker, Bennett, Blackwell, H. Brown, Chamblee, Cooper, Corning, Day, Gilbert, Huff, Jones, Kay, Keyserling, Klapman, Mappus, Nesbitt, L. Phillips, O. Phillips, Sharpe, Toal and Tucker: A BILL TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER PROVISIONS, DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, BY ADDING SECTION 56-5-2941 SO AS TO PROVIDE THAT ANY PERSON ARRESTED FOR A FIRST OFFENSE VIOLATION OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS MUST SURRENDER HIS DRIVER'S LICENSE TO THE ARRESTING OFFICER AT THE TIME OF ARREST AND IS AUTHORIZED TO OPERATE A MOTOR VEHICLE UNTIL THE TRIAL DATE BY RETAINING A COPY OF THE ARREST WARRANT IN HIS POSSESSION, TO PROVIDE THAT THE COURT UPON A CONVICTION OF OR PLEA TO THIS OFFENSE SHALL RETAIN THE DEFENDANT'S DRIVER'S LICENSE AND THE REQUIRED SUSPENSION OR REVOCATION PERIOD MUST BEGIN AT THIS TIME, TO PROVIDE THAT ANY PERSON SO CONVICTED WHO HAS A VEHICLE REGISTERED AND LICENSED IN THIS STATE SHALL ALSO HAVE A MOTOR VEHICLE REGISTRATION AND LICENSE FOR A CERTAIN VEHICLE REVOKED FOR A PERIOD OF SIX MONTHS, AND TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY ISSUE UNDER CERTAIN CONDITIONS A PROVISIONAL REGISTRATION AND LICENSING FOR THE VEHICLE ON WHICH THE REGISTRATION AND LICENSING WAS REVOKED WHICH IDENTIFIES THAT VEHICLE AS ONE WHICH WAS OPERATED BY A PERSON CONVICTED OF DUI.

Referred to Committee on Judiciary.

H. 2797 -- Reps. E.B. McLeod, G. Brown, McElveen, Blanding, Harvin and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 56 OF TITLE 44 SO AS TO PROHIBIT BURIAL OF HAZARDOUS WASTE IN COMMERCIAL LANDFILLS IN THIS STATE AFTER DECEMBER 31, 1992, TO REDUCE THE AMOUNT OF HAZARDOUS WASTE THAT MAY BE BURIED PRIOR TO THE PROHIBITION, TO PROVIDE FOR ADDITIONAL FEES ON HAZARDOUS WASTE BURIAL, AND TO PROVIDE FOR THE DISPOSITION OF THE ADDITIONAL REVENUE, TO PROHIBIT BURIAL OF NEW HAZARDOUS WASTE STREAMS NOT ALREADY BURIED BEFORE JUNE 30, 1987, TO ALLOW AN INCOME TAX CREDIT FOR REDUCTIONS IN HAZARDOUS WASTE BURIAL, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Ways and Means.

H. 2798 -- Rep. McEachin: A BILL TO AMEND ARTICLE 3, CHAPTER 13, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST AND ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL LAWS, BY ADDING SECTION 61-13-295 SO AS TO PROVIDE THAT IN ADDITION TO ALL OTHER PENALTIES PROVIDED BY LAW, ANY PERSON HOLDING A BEER OR WINE RETAIL PERMIT FOR ON OR OFF PREMISES CONSUMPTION, A LICENSE TO SELL ALCOHOLIC LIQUORS OR BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR ON PREMISES CONSUMPTION, OR A RETAIL LICENSE TO SELL ALCOHOLIC LIQUOR, WHO SELLS THESE LIQUORS OR BEVERAGES TO A PERSON UNDER THE LEGAL AGE TO PURCHASE THEM SHALL HAVE HIS LICENSE OR PERMIT REVOKED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION FOR A PERIOD OF SIXTY DAYS FOR A FIRST OFFENSE, A PERIOD OF ONE YEAR FOR A SECOND OFFENSE, AND PERMANENTLY FOR A THIRD OFFENSE.

Referred to Committee on Judiciary.

H. 2799 -- Rep. Ferguson: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE BY ADDING SECTION 38-37-155 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY SHALL ACCEPT APPLICATIONS FROM CERTAIN LICENSED AGENTS WHO WISH TO BECOME DESIGNATED PRODUCERS FOR THE FACILITY AND MAY DESIGNATE THESE APPLICANTS AS PRODUCERS FOR THE FACILITY.

Referred to Committee on Labor, Commerce and Industry.

S. 252 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-150 SO AS TO REQUIRE THE COMMISSION ON AGING, WITH THE COOPERATION OF THE LONG TERM CARE COUNCIL AND THE DEPARTMENT OF INSURANCE, TO DEVELOP AND IMPLEMENT A PROGRAM TO EDUCATE CITIZENS CONCERNING THE AVAILABILITY OF LONG TERM CARE SERVICES, THE LIFETIME RISK OF SPENDING TIME IN A NURSING HOME, AND THE COVERAGE AVAILABLE FOR LONG TERM CARE SERVICES THROUGH MEDICARE, MEDICAID, AND PRIVATE INSURANCE POLICIES, AND THE LIMITATIONS OF THIS COVERAGE, AND THE AVAILABILITY OF HOME EQUITY CONVERSION ALTERNATIVES; TO REQUIRE THE COMMISSION ON AGING TO STUDY THE COSTS AND BENEFITS OF ESTABLISHING A STATEWIDE COMPUTER-BASED VOLUNTEER SERVICES CREDIT PROGRAM, AND TO MAKE A REPORT TO THE GENERAL ASSEMBLY REGARDING THIS STUDY BY JULY 1, 1987; TO AMEND THE 1976 CODE BY ADDING SECTION 38-3-320 SO AS TO REQUIRE THE DEPARTMENT OF INSURANCE, WITH THE COOPERATION OF THE LONG TERM CARE COUNCIL, TO ASSIST INSURANCE COMPANIES IN OBTAINING DATA FROM STATE AGENCIES TO HELP THOSE COMPANIES DEVELOP PRICING STRUCTURES FOR LONG TERM CARE INSURANCE POLICIES, REVIEW ITS REGULATIONS TO IDENTIFY THOSE WHICH DISCOURAGE MARKETING OF LONG TERM CARE INSURANCE POLICIES IN THIS STATE, AND ENSURE THAT PURCHASERS OF LONG TERM CARE INSURANCE POLICIES ARE ADEQUATELY INFORMED CONCERNING POLICY LIMITATION AND EXCLUSIONS; AND TO REQUIRE THE COMMISSION ON CONSUMER AFFAIRS, WITH THE COOPERATION OF THE DEPARTMENT OF INSURANCE, TO STUDY THE DEVELOPMENT OF LIFE CARE COMMUNITIES IN THIS STATE AND REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1987.

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

S. 253 -- Senator Leatherman: A BILL TO AMEND CHAPTER 21 OF TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON AGING, BY ADDING SECTIONS 43-21-130 AND 43-21-140 SO AS TO CREATE THE LONG TERM CARE COUNCIL AND PROVIDE FOR ITS COMPOSITION, DUTIES, AND RESPONSIBILITIES.

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

S. 341 -- Senators Giese, Bryan and Thomas: A BILL TO AMEND SECTION 20-7-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND FILING OF AMENDED BIRTH CERTIFICATES, SO AS TO PROVIDE A PROCEDURE IN ADOPTIONS FOR THE FAMILY COURT TO DETERMINE THE DATE AND PLACE OF BIRTH WHEN THE ADOPTEE IS NOT BORN IN THE UNITED STATES AND NOT A CITIZEN OF THE UNITED STATES AT BIRTH AND TO AMEND SECTION 44-63-140, RELATING TO SUPPLEMENTARY OR AMENDED BIRTH CERTIFICATES FOR ADOPTEES, SO AS TO REVISE THE PROCEDURE FOR ISSUING THE CERTIFICATES.

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

S. 363 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-125 SO AS TO REQUIRE WATERCRAFT TO SLOW TO NO WAKE SPEED WHEN OPERATED WITHIN TWO HUNDRED FEET OF PUBLIC BOAT LANDINGS OR RAMPS LOCATED ON LAKES AND RESERVOIRS CONSTRUCTED OR DEVELOPED FOR HYDROELECTRIC GENERATION AND TO PROHIBIT SWIMMING WITHIN FIFTY FEET OF THEM.

Referred to Committee on Agriculture and Natural Resources.

S. 367 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS; AMEND SECTION 40-47-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF PHYSICIANS' ASSISTANTS AT MEETINGS OF THE BOARD, SO AS TO DELETE THE PROVISION AUTHORIZING A REPRESENTATIVE OF THE SOUTH CAROLINA ACADEMY OF PHYSICIANS' ASSISTANTS TO ATTEND BOARD MEETINGS AND SPEAK TO MATTERS AFFECTING PHYSICIANS' ASSISTANTS AND PROVIDE THAT THE BOARD SHALL APPOINT A PHYSICIAN'S ASSISTANTS' ADVISORY COMMITTEE, PROVIDE FOR ITS COMPOSITION, TERMS, AND POWERS, AND PROVIDE THAT THE BOARD MAY AUTHORIZE INDIVIDUAL PHYSICIANS TO SUPERVISE UP TO TWO PHYSICIANS' ASSISTANTS AND PROVIDE EXEMPTIONS; AND TO AMEND SECTION 40-47-90, RELATING TO ELIGIBILITY REQUIREMENTS TO APPEAR BEFORE THE BOARD FOR EXAMINATION, SO AS TO DELETE THE REQUIREMENTS THAT PERSONS APPEAR BEFORE THE BOARD BUT MAY BE REQUIRED TO APPEAR IF DETERMINED BY THE BOARD.

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

S. 396 -- Senator Thomas: A BILL TO AMEND SECTION 40-45-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS, SO AS TO PROVIDE THAT COMPLAINTS MADE TO THE BOARD ARE PRIVILEGED UNTIL THE BOARD VOTES OTHERWISE AND UNLESS MADE WITH MALICIOUS INTENT.

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

S. 588 -- Corrections and Penology Committee: A BILL TO AMEND SECTIONS 24-3-310 AND 24-3-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISON INDUSTRIES, SO AS TO DECLARE THE FURTHER INTENT IN THE EMPLOYMENT OF CONVICT LABOR IS TO PLACE INMATES IN A REALISTIC WORKING ENVIRONMENT AND TO REQUIRE THE BOARD OF CORRECTIONS TO PLACE NOT LESS THAN FIVE PERCENT NOR MORE THAN TWENTY PERCENT OF CROSS WAGES PAID INMATES WITH THE STATE TREASURER FOR USE IN THE VICTIM ASSISTANCE PROGRAM AND OTHER SELF-SUSTAINING PROGRAMS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-315 SO AS TO PROVIDE THAT INMATE PARTICIPATION IN ANY PRISON INDUSTRY PROGRAM BE ON A VOLUNTARY BASIS AND THAT THE INMATE DOES NOT DISPLACE EMPLOYED WORKERS OR RECEIVE LESS PAY FOR WORK OF A SIMILAR NATURE.

Referred to Committee on Ways and Means.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, J.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Corning                Dangerfield            Davenport
Day                    Derrick                Elliott
Faber                  Fair                   Ferguson
Foster                 Foxworth               Gilbert
Gordon                 Gregory                Harris, J.
Harris, P.             Haskins                Hawkins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Lewis
Limehouse              Lockemy                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod, E.B.
McTeer                 Neilson                Nesbitt
Nettles                Ogburn                 Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Simpson                Stoddard               Taylor
Thrailkill             Toal                   Townsend
Tucker                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams
Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, April 2, 1987.

Larry Koon                        Dell Baker
John J. Snow, Jr.                 Lenoir Sturkie
Parker Evatt                      Donna Moss
T.W. Edwards                      Robert A. Kohn
Larry Gentry                      John R. Russell
Robert Brown                      John W. McLeod
Total Present--121

STATEMENT OF ATTENDANCE

Rep. HUFF signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 1, 1987.

DOCTOR OF THE DAY

Announcement was made that Randolph Smoak of Orangeburg is the Doctor of the Day for the General Assembly.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SHELTON a leave of absence for for the remainder of the day to attend a Benedict College Board meeting.

SENT TO THE SENATE

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

H. 2743 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 50-17-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO DEFINE "PRIMARY WHOLESALE" AND "RETAIL" SEAFOOD DEALERS AND "SALTWATER FISHERY PRODUCTS" TO REGULATE THE SALE OF SALTWATER FISHERY PRODUCTS IN SOUTH CAROLINA AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 2545 -- Reps. Sharpe and Jones: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIRE AND MARINE INSURANCE RATES BY ADDING SECTION 38-43-350 SO AS TO PROVIDE THAT FOR PURPOSES OF FIRE INSURANCE RATES, THE FACT THAT THE OWNER OF A BUILDING OR STRUCTURE IN AN AREA NOT OTHERWISE SERVICED BY A FIRE DEPARTMENT OF A POLITICAL SUBDIVISION OF THIS STATE SUBSCRIBES THROUGH THE PAYMENT OF DUES TO A VOLUNTEER FIRE DEPARTMENT MUST BE CONSIDERED IN SETTING THE RATES FOR THAT AREA IN THE MANNER THE CHIEF INSURANCE COMMISSIONER PRESCRIBES.

H. 2446 -- Reps. Wilkins and Sheheen: A BILL TO AMEND SECTION 17-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING OF A DEFENDANT FOUND GUILTY BUT MENTALLY ILL, SO AS TO DELETE PROVISIONS ALLOWING THE COURT TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL; AND TO AMEND SECTION 17-24-20, RELATING TO THE REQUIREMENTS FOR VERDICTS OF GUILTY BUT MENTALLY ILL, SO AS TO PROHIBIT A COURT FROM ACCEPTING A PLEA OF GUILTY BUT MENTALLY ILL.

H. 2202 -- Reps. Tucker and Huff: A BILL TO AMEND SECTION 17-22-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO INCREASE THESE FEES.

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. 98 -- Senator Peeler: A BILL TO AMEND SECTION 16-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILLEGAL USE OF STINK BOMBS, TEAR-GAS BOMBS, AND SIMILAR DEVICES, SO AS TO ADD SMOKE BOMBS AND SIMILAR DEVICES; TO PROVIDE THAT THE USE OF SUCH A DEVICE WHICH MAY INFLICT INJURY OR CAUSE FEAR SUFFICIENT TO INCITE A RIOT OR CONDITIONS OF PANIC IS UNLAWFUL; TO ADD STADIUMS AND ARENAS AND SIMILAR STRUCTURES AS LOCATIONS WHERE THE USE OF THE DEVICES ARE UNLAWFUL; TO INCREASE THE PENALTIES FOR VIOLATIONS FROM IMPRISONMENT FOR NOT MORE THAN ONE YEAR AND A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH, TO IMPRISONMENT FOR NOT MORE THAN FIVE YEARS OR A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS, OR BOTH; AND TO PROVIDE THAT THE COURT MAY ORDER ALL OR A PORTION OF A FINE TO BE PAID TO PERSONS INJURED AS A RESULT OF THE VIOLATION TO RECOVER NECESSARY MEDICAL EXPENSES.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution 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. 569 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 799, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 2501--OBJECTIONS

The following Bill was taken up.

H. 2501 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS.

Reps. FERGUSON, LIMEHOUSE, GORDON, DAVENPORT and KLAPMAN objected to the Bill.

H. 2411--DEBATE ADJOURNED

Rep. McTEER moved to adjourn debate upon the following Bill until after S. 239 has been given consideration, which was adopted.

H. 2411 -- Reps. Thrailkill, H. Brown, Aydlette, Barfield, Blackwell, Elliott, Baker, Rice, O. Phillips, Pearce, Altman, Gilbert, Foxworth, Stoddard, McElveen, Kirsh, Kay, J.W. McLeod, P. Harris, Nesbitt, J.W. Johnson, Petty, L. Phillips, T.C. Alexander, Ferguson, McCain, Simpson, McGinnis, Limehouse, Lockemy, Nettles, Fair, J. Bradley, McEachin, Day, Haskins, R. Brown, J. Harris, Gordon, Davenport, Moss, G. Bailey, Hodges, L. Martin, Dangerfield, Wells, Arthur, Russell, Wilder and Harvin: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO PROVIDE THAT THE CONVENTIONS MAY BE HELD IN LOCATIONS OTHER THAN COLUMBIA IF ADEQUATE FACILITIES FOR ALL DELEGATES AND ALTERNATE DELEGATES MAY BE PROVIDED.

H. 2021--DEBATE ADJOURNED

The following Bill was taken up.

H. 2021 -- Reps. Harvin, T.M. Burriss, P. Bradley and Corning: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO PROSCRIBE THE FAILURE TO PROVIDE HUMANE CARE AND TREATMENT AND VETERINARY CARE AND TO INCREASE THE PENALTIES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3445Y).

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

/SECTION 1. Section 47-1-40 of the 1976 Code is amended to read:

"Section 47-1-40. (A) Whoever overloads, overdrives, overworks, tortures, torments, needlessly mutilates, cruelly kills, ill-treats, deprives of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any animal or causes the same these things to be done, except according to accepted practices of veterinary medicine or animal husbandry, whether such the person be is the owner of such the animal or have the has charge or custody of it, shall is, for every such offense, be guilty of a misdemeanor and, upon conviction, must be punished by imprisonment in jail not exceeding thirty days or by a fine of not less than fifty dollars nor more than exceeding one two hundred dollars for a first offense; by imprisonment not to exceed sixty days or by a fine of not more than five hundred dollars for a second offense, or both; or by imprisonment not to exceed one year or by a fine not exceeding one thousand dollars, or both, for a third or subsequent offense.

(B) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or causes the acts to be done for any of the offenses, is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not to exceed sixty days or by a fine not to exceed five hundred dollars, or both."

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

Amend title to conform.

Rep. MOSS explained the amendment.

LEAVE OF ABSENCE

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

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

ORDERED TO THIRD READING

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

H. 2392 -- Rep. J. Rogers: A BILL TO AMEND SECTION 44-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO ADD TO THE BOARD THE CHAIRMAN OF THE HOUSE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE, OR HIS DESIGNEE, AND THE CHAIRMAN OF THE SENATE MEDICAL AFFAIRS COMMITTEE, OR HIS DESIGNEE.

S. 422 -- Senators Nell W. Smith and Hayes: A BILL TO AMEND SECTION 20-7-2376, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR REVIEW OF CASES OF CHILDREN WHO HAVE RESIDED IN PUBLIC FOSTER CARE FOR A PERIOD OF MORE THAN FOUR CONSECUTIVE MONTHS NO LESS FREQUENTLY THAN ONCE EVERY SIX MONTHS; AND TO AMEND SECTION 20-7-2379, RELATING TO THE BOARD OF DIRECTORS FOR REVIEW OF FOSTER CARE, SO AS TO PROVIDE FOR THE SALARY OF THE STAFF EMPLOYED BY THE BOARD'S DIRECTOR.

H. 2754 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO RULES OF PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 744, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LOCKEMY explained the Joint Resolution.

H. 2755 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS, RELATING TO THE RELEASE OF INMATES PURSUANT TO THE PRISON OVERCROWDING POWERS ACT AND PUBLIC SERVICE WORK, DESIGNATED AS REGULATION DOCUMENT NUMBER 798, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 2774 -- Rep. Blackwell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GOLDEN REGIMENT BOOSTERS ASSOCIATION, INC., OF TRAVELERS REST IN GREENVILLE COUNTY.

S. 329--OBJECTIONS

The following Bill was taken up.

S. 329 -- Senator Dennis: A BILL TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO CONSTRUCT A WATER CONTROL STRUCTURE ON BIGGIN CREEK IN THE OLD SANTEE STATE PARK IN BERKELEY COUNTY.

Rep. HELMLY explained the Bill.

Reps. J. ROGERS, BEASLEY, BAXLEY and LIMEHOUSE objected to the Bill.

S. 455--DEBATE ADJOURNED

The following Joint Resolution was taken up.

S. 455 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO CITY, COUNTY, AND REGIONAL HOUSING AUTHORITY BOND ISSUES FOR MULTIFAMILY HOUSING PROJECTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. CHAMBLEE explained the Joint Resolution and moved to adjourn debate upon the Joint Resolution, which was adopted.

H. 2072--DEBATE ADJOURNED

The following Bill was taken up.

H. 2072 -- Reps. Fair, Beasley, Hayes, M.O. Alexander, G. Bailey, Baker, Barfield, Blackwell, H. Brown, R. Brown, M.D. Burriss, Chamblee, Clyborne, Cooper, Davenport, Elliott, Felder, Hearn, Jones, Kay, Kirsh, Lockemy, McGinnis, McTeer, Neilson, Nesbitt, Rice, Russell, Sharpe, Stoddard, Wells, Winstead, Corning, P. Bradley, Wilkins, L. Martin, T.M. Burriss, J.H. Burriss, Wilder, Day, McLellan, Haskins, Harvin and Waldrop: A BILL TO DESIGNATE SECTIONS 16-15-10 THROUGH 16-15-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, ARTICLE 1 OF CHAPTER 15 OF TITLE 16 OF THE 1976 CODE TO BE ENTITLED "MISCELLANEOUS OFFENSES", TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 IN CHAPTER 15 OF TITLE 16 SO AS TO PROVIDE FOR CRIMES RELATING TO OBSCENITY, MATERIAL HARMFUL TO MINORS, CHILD EXPLOITATION, AND CHILD PROSTITUTION AND TO PROVIDE PENALTIES, INCLUDING FORFEITURE, FOR VIOLATIONS, TO AMEND THE 1976 CODE BY ADDING SECTION 16-3-850 SO AS TO REQUIRE FILM PROCESSORS AND PHOTO FINISHERS WHO ARE REQUESTED TO DEVELOP FILM OF CHILDREN ENGAGING IN SEXUALLY EXPLICIT CONDUCT TO REPORT THE NAME AND ADDRESS OF THE INDIVIDUAL REQUESTING THE DEVELOPMENT TO THE LAW ENFORCEMENT OFFICIALS IN THE LOCALITY FROM WHICH THE FILM WAS ORIGINALLY FORWARDED; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THOSE CRIMES DESIGNATED FELONIES BY THE ARTICLE ADDED BY THIS ACT, AND TO REPEAL SECTIONS 16-15-260 THROUGH 16-15-440, RELATING TO OBSCENITY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3368Y).

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

/SECTION 2. Chapter 15 of Title 16 of the 1976 Code is amended by adding:

"Article 3
Obscenity, Material Harmful to Minors, Child
Exploitation, and Child Prostitution.

Section 16-15-305. (A) It is unlawful for any person knowingly to disseminate obscenity. A person disseminates obscenity within the meaning of this article if he:

(1) sells, delivers, or provides or offers or agrees to sell, deliver, or provide any obscene writing, picture, record, or other representation or embodiment of the obscene;

(2) presents or directs an obscene play, dance, or other performance, or participates directly in that portion thereof which makes it obscene;

(3) publishes, exhibits, or otherwise makes available anything obscene to any group or individual; or

(4) exhibits, presents, rents, sells, delivers, or provides; or offers or agrees to exhibit, present, rent, or to provide: any motion picture, film, filmstrip, or projection slide, or sound recording, sound tape, or sound track, video tapes and recordings, or any matter or material of whatever form which is a representation, embodiment, performance, or publication of the obscene.

(B) For purposes of this article any material is obscene if:

(1) the material depicts or describes in a patently offensive way sexual conduct specifically defined by subsection (C) of this section;

(2) the average person applying contemporary community standards relating to the depiction or description of sexual conduct would find that the material taken as a whole appeals to the prurient interest in sex;

(3) the material taken as a whole lacks serious literary, artistic, political, or scientific value; and

(4) the material as used is not protected or privileged under the Constitutions of the United States or of this State.

(C) As used in this article, 'sexual conduct' means:

(1) vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted, whether between human beings, animals, or a combination thereof;

(2) masturbation, excretory functions, or lewd exhibition, actual or simulated, of the genitals, pubic hair, anus, vulva, or female breast nipples including male or female genitals in a state of sexual stimulation or arousal or covered male genitals in a discernably turgid state;

(3) an act or condition that depicts actual or simulated bestiality, sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed;

(4) an act or condition that depicts actual or simulated touching, caressing, or fondling of, or other similar physical contact with, the covered or exposed genitals, pubic or anal regions, or female breast nipple, whether alone or between humans, animals, or a human and an animal, of the same or opposite sex, in an act of apparent sexual stimulation or gratification; or

(5) an act or condition that depicts the insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure.

(D) Obscenity must be judged with reference to ordinary adults except that it must be judged with reference to a child, children or other especially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be especially for or directed to such child, children, or audiences.

(E) As used in this article, 'community standards' used in determining prurient appeal and patent offensiveness are the standards of the area from which the jury is drawn.

(F) It is unlawful for any person knowingly to create, buy, procure, or process obscene material with the purpose and intent of disseminating it.

(G) It is unlawful for a person to advertise or otherwise promote the sale of material represented or held out by them as obscene.

(H) A person who violates this section is guilty of a felony and upon conviction must be imprisoned for not more than three years or fined not more than ten thousand dollars, or both.

(I) Obscene material disseminated, procured, or promoted in violation of this section is contraband and may be seized by appropriate law enforcement authorities.

Section 16-15-315. No person shall, as a condition to any sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, or publication require that the purchaser or consignee receive for resale any other article, book, or publication which is obscene within the meaning of Section 16-15-305 nor shall any person deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept the articles, books, or publications, or by reason of the return thereof. A person who violates this section is guilty of a misdemeanor and upon conviction, must be imprisoned for not more than one year or fined not more than one thousand dollars, or both.
Section 16-15-325. Any individual who knowingly:

(a) photographs himself or any other individual or animal for purposes of preparing an obscene film, photograph, negative, slide, videotapes, or motion picture for the purpose of dissemination; or

(b) models, poses, acts, or otherwise assists in the preparation of any obscene film, photograph, negative, slide, videotapes, or motion picture for the purpose of dissemination is guilty of a misdemeanor and upon conviction must be imprisoned for not more than one year and fined not more than one thousand dollars.

Section 16-15-335. Any individual eighteen years of age or older who knowingly, in any manner, hires, employs, uses, or permits any person under the age of eighteen years to do or assist in doing any act or thing constituting an offense under this article and involving any material, act, or thing he knows or reasonably should know to be obscene within the meaning of Section 16-15-305 is guilty of a felony and upon conviction must be imprisoned for not more than five years.

Section 16-15-345. Any individual eighteen years of age or older who knowingly disseminates to any person under the age of eighteen years any material which he knows or reasonably should know to be obscene within the meaning of Section 16-15-305 is guilty of a felony and upon conviction must be imprisoned for not more than five years.

Section 16-15-355. Any individual eighteen years of age or older who knowingly disseminates to any minor twelve years of age or younger any material which he knows or reasonably should know to be obscene within the meaning of Section 16-15-305 is guilty of a felony and upon conviction must be imprisoned for not more than ten years.

Section 16-15-365. Any person who wilfully and knowingly exposes the private parts of his person in a lewd and lascivious manner in any public place and in the presence of any other person, or aids or abets any such act, or who procures another to perform such act, or any person, who as owner, manager, lessee, director, promoter, or agent, or in any other capacity knowingly hires, leases, or permits the land, building, or premises of which he is owner, lessee, or tenant, or over which he has control, to be used for purposes of any such act, is guilty of a misdemeanor and upon conviction must be imprisoned for not more than six months or fined not more than five hundred dollars, or both.

Section 16-15-375. The following definitions apply to Section 16-15-385, disseminating or exhibiting to minors harmful material or performances; Section 16-15-395, first degree sexual exploitation of a minor; Section 16-15-405, second degree sexual exploitation of a minor; Section 16-15-415, promoting prostitution of a minor; and Section 16-15-425, participating in prostitution of a minor.

(1) 'Harmful to minors' means that quality of any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics:

(a) the average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and

(b) the average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and

(c) the material or performance lacks serious literary, artistic, political, or scientific value for minors.

(2) 'Material' means pictures, drawings, video recordings, films, or other visual depictions or representations but not material consisting entirely of written words.

(3) 'Minor' means an individual who is less than eighteen years old.

(4) 'Prostitution' means engaging or offering to engage in sexual activity with or for another in exchange for anything of value.

(5) 'Sexual activity' includes any of the following acts or simulations thereof:

(a) masturbation, whether done alone or with another human or animal;

(b) vaginal, anal, or oral intercourse, whether done with another human or an animal;

(c) touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female;

(d) an act or condition that depicts bestiality, sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed;

(e) excretory functions;

(f) the insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure.

(6) 'Sexually explicit nudity' means the showing of:

(a) uncovered, or less than opaquely covered, human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast; or

(b) covered human male genitals in a discernably turgid state.
Section 16-15-385. (A) A person commits the offense of disseminating harmful material to minors if, knowing the character or content of the material, he:

(1) sells, furnishes, presents, or distributes to a minor material that is harmful to minors; or

(2) allows a minor to review or peruse material that is harmful to minors.

(B) A person commits the offense of exhibiting a harmful performance to a minor if, with or without consideration and knowing the character or content of the performance, he allows a minor to view a live performance which is harmful to minors.

(C) Except as provided in item (3) of this subsection, mistake of age is not a defense to a prosecution under this section. It is an affirmative defense under this section that:

(1) the defendant was a parent or legal guardian of a minor, but this item does not apply when the parent or legal guardian exhibits or disseminates the harmful material for the sexual gratification of the parent, guardian, or minor.

(2) the defendant was a school, church, museum, public library, governmental agency, medical clinic, or hospital carrying out its legitimate function; or an employee or agent of such an organization acting in that capacity and carrying out a legitimate duty of his employment.

(3) before disseminating or exhibiting the harmful material or performance, the defendant requested and received a driver's license, student identification card, or other official governmental or educational identification card or paper indicating that the minor to whom the material or performance was disseminated or exhibited was at least eighteen years old, and the defendant reasonably believed the minor was at least eighteen years old.

(D) A person who violates this section is guilty of a misdemeanor and upon conviction must be imprisoned for not more than five years or fined not more than five thousand dollars, or both.

Section 16-15-395. (A) An individual commits the offense of first degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he:

(1) uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity;

(2) permits a minor under his custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity;

(3) transports or finances the transportation of a minor through or across this State with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or

(4) records, photographs, films, develops, or duplicates for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity.

(B) In a prosecution under this section, the trier of fact may infer that a participant in a sexual activity depicted in material as a minor through its title, text, visual representations, or otherwise, is a minor.

(C) Mistake of age is not a defense to a prosecution under this section.

(D) An individual who violates this section is guilty of a felony and upon conviction must be imprisoned for not less than three years nor more than ten years. No part of the minimum sentence of imprisonment may be suspended nor is the individual convicted eligible for parole until he has served the minimum term of imprisonment. Sentences imposed pursuant to this section shall run consecutively with and commence at the expiration of any other sentence being served by the person sentenced.
Section 16-15-405. (A) An individual commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the material, he:

(1) records, photographs, films, develops, or duplicates material that contains a visual representation of a minor engaged in sexual activity; or

(2) distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity.

(B) In a prosecution under this section, the trier of fact may infer that a participant in sexual activity depicted in material as a minor through its title, text, visual representations, or otherwise, is a minor.

(C) Mistake of age is not a defense to a prosecution under this section.

(D) An individual who violates this section is guilty of a felony and upon conviction must be imprisoned for not less than two years nor more than six years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence.

Section 16-15-415. (A) An individual commits the offense of promoting prostitution of a minor if he knowingly:

(1) entices, forces, encourages, or otherwise facilitates a minor to participate in prostitution; or

(2) supervises, supports, advises, or protects the prostitution of or by a minor.

(B) Mistake of age is not a defense to a prosecution under this section.

(C) An individual who violates this section is guilty of a felony and upon conviction must be imprisoned for not less than three years nor more than ten years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence. Sentences imposed pursuant to this section shall run consecutively with and shall commence at the expiration of any other sentence being served by the individual sentenced.

Section 16-15-425. (A) An individual commits the offense of participating in the prostitution of a minor if he is not a minor and he patronizes a minor prostitute. As used in this section, 'patronizing a minor prostitute' means:

(1) soliciting or requesting a minor to participate in prostitution;

(2) paying or agreeing to pay a minor, either directly or through the minor's agent, to participate in prostitution; or

(3) paying a minor, or the minor's agent, for having participated in prostitution, pursuant to a prior agreement.

(B) Mistake of age is not a defense to a prosecution under this section.

(C) An individual who violates this section is guilty of a felony and upon conviction must be imprisoned for not less than two years nor more than six years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum term. Sentences imposed pursuant to this section shall run consecutively with and shall commence at the expiration of any other sentence being served by the individual sentenced.

Section 16-15-435. A search warrant or arrest warrant for a violation of Sections 16-15-305, 16-15-315, and 16-15-325 may be issued only upon request of a circuit solicitor.

Section 16-15-445. All equipment used directly by a person in committing a violation of Section 16-15-305, including necessary software, may be seized by the law enforcement agency making the arrest and ordered forfeited by the court in which the conviction was obtained. Ownership of property ordered forfeited shall vest in the arresting law enforcement agency which may use the property in the performance of its duties, destroy it, or sell it at public auction. Property may be sold at public auction after giving notice in a newspaper of general circulation in the county of the date, time, and place of the auction and a description of the property to be auctioned. After payment of the expenses of the sale, one-half of the net proceeds may be retained by the arresting agency and one-half must be remitted to the State Treasurer for deposit to the credit of the Victims' Compensation Fund. Prior to entering a forfeiture order, the court must conduct a hearing to determine ownership and the rights of innocent third parties with respect to the property and notice of the hearing must be given to interested parties. The court shall incorporate in its forfeiture order provisions necessary to protect the interests of innocent third parties."/

Amend further by striking SECTION 5 and inserting:

/SECTION 5. In addition to the crimes classified as felonies in Section 16-1-10 of the 1976 Code, violations of Sections 16-15-305, 16-15-335, 16-15-345, 16-15-355, 16-15-395, 16-15-405, 16-15-415, and 16-15-425, all added to the 1976 Code by this act, are declared felonies./

Amend title to conform.

Rep. FAIR explained the amendment and moved to adjourn debate upon the Bill, which was adopted.

STATEMENT FOR JOURNAL - RE H. 2072

March 24, 1987

H. 2072 Obscenity - Pornography

Apparently there are House Members who wish to have their name added to H. 2072. House Rules will not allow your name to be added to the Bill at this time. We will ask that this letter be posted in the Journal as Would-Be Sponsors.

K. BAILEY     PETTY

KLAPMAN     FERGUSON

STURKIE

S. 503--RECONSIDERED

Rep. McGINNIS moved to reconsider the vote whereby the following Bill was continued, which was agreed to.

S. 503 -- Senators Nell W. Smith and Pope: A BILL TO AMEND ACT 480 OF 1986, RELATING TO THE REGULATION OF THE SALE, USE, AND STORAGE OF EXPLOSIVES, SO AS TO DECREASE THE REQUIRED AMOUNT OF LIABILITY INSURANCE OF BLASTERS.

H. 2751--DEBATE ADJOURNED

The following Bill was taken up.

H. 2751 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

Rep. McEACHIN explained the Bill.

Rep. CARNELL moved to adjourn debate upon the Bill.

Rep. McEACHIN moved to table the motion, which was not agreed to.

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

S. 239--OBJECTIONS

The following Bill was taken up.

S. 239 -- Senator Long: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO PERMIT THE CONVENTION TO BE HELD IN ANY LOCATION THE STATE COMMITTEE DETERMINES TO HAVE ADEQUATE FACILITIES.

Rep. McTEER explained the Bill.

Reps. WHITE, BLANDING and GORDON objected to the Bill.

H. 2411--OBJECTIONS

The following Bill was taken up.

H. 2411 -- Reps. Thrailkill, H. Brown, Aydlette, Barfield, Blackwell, Elliott, Baker, Rice, O. Phillips, Pearce, Altman, Gilbert, Foxworth, Stoddard, McElveen, Kirsh, Kay, J.W. McLeod, P. Harris, Nesbitt, J.W. Johnson, Petty, L. Phillips, T.C. Alexander, Ferguson, McCain, Simpson, McGinnis, Limehouse, Lockemy, Nettles, Fair, J. Bradley, McEachin, Day, Haskins, R. Brown, J. Harris, Gordon, Davenport, Moss, C. Bailey, Hodges, L. Martin, Dangerfield, Wells, Arthur, Russell, Wilder and Harvin: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO PROVIDE THAT THE CONVENTIONS MAY BE HELD IN LOCATIONS OTHER THAN COLUMBIA IF ADEQUATE FACILITIES FOR ALL DELEGATES AND ALTERNATE DELEGATES MAY BE PROVIDED.

Reps. McTEER, WHITE and BLANDING objected to the Bill.

H. 2752--OBJECTION WITHDRAWN

Rep. SIMPSON withdrew his objection to H. 2752.

H. 2742--OBJECTION WITHDRAWN

Rep. DANGERFIELD withdrew his objection to H. 2742.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. LEWIS.

RECURRENCE TO THE MORNING HOUR

Rep. BLACKWELL moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

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

S. 612 -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE BARRY MANNING OF EAU CLAIRE HIGH SCHOOL, COLUMBIA, UPON BEING NAMED MR. BASKETBALL OF SOUTH CAROLINA FOR 1987 AND UPON BEING NAMED THE RECIPIENT OF THE NAISMITH AWARD, EMBLEMATIC OF PLAYER OF THE YEAR IN SOUTH CAROLINA AND TO EXTEND BEST WISHES IN ANY FUTURE ENDEAVOR.

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

INTRODUCTION OF BILLS

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

H. 2800 -- Reps. Day, O. Phillips, Arthur, G. Bailey, McGinnis, Wells and Moss: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO PROVIDE FOR THE EXEMPTION TO APPLY TO COMMUNITY OWNED RECREATION FACILITIES OPERATED ON A NONPROFIT BASIS AND OPENED TO THE GENERAL PUBLIC AT LEAST FIFTEEN PERCENT OF THE TIME INSTEAD OF OPENED TO THE GENERAL PUBLIC ALL OF THE TIME.

Referred to Committee on Ways and Means.

H. 2801 -- Reps. Sharpe, H. Brown, Townsend, Kay, J.C. Johnson, Jones, Barfield and Elliott: A BILL TO AMEND ARTICLE 9, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE TRAFFIC ACCIDENTS BY ADDING SECTION 56-5-1215 SO AS TO PROVIDE THAT DRIVERS OF ALL VEHICLES INVOLVED IN ACCIDENTS WHICH RESULT IN BODILY INJURY OR DEATH MUST BE GIVEN A CHEMICAL TEST OF THEIR BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC CONTENT OF THEIR BLOOD, TO PROVIDE THE PROCEDURES FOR ADMINISTERING THE TEST, AND TO PROVIDE THAT THE RESULTS OF THE TEST MUST BE MADE AVAILABLE TO THE PARTIES INVOLVED IN THE ACCIDENT.

Referred to Committee on Judiciary.

H. 2021--DEBATE ADJOURNED

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

H. 2021 -- Reps. Harvin, T.M. Burriss, P. Bradley and Corning: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO PROSCRIBE THE FAILURE TO PROVIDE HUMANE CARE AND TREATMENT AND VETERINARY CARE AND TO INCREASE THE PENALTIES.

S. 455--DEBATE ADJOURNED

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

S. 455 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO CITY, COUNTY, AND REGIONAL HOUSING AUTHORITY BOND ISSUES FOR MULTIFAMILY HOUSING PROJECTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 2072--DEBATE ADJOURNED

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

H. 2072 -- Reps. Fair, Beasley, Hayes, M.O. Alexander, G. Bailey, Baker, Barfield, Blackwell, H. Brown, R. Brown, M.D. Burriss, Chamblee, Clyborne, Cooper, Davenport, Elliott, Felder, Hearn, Jones, Kay, Kirsh, Lockemy, McGinnis, McTeer, Neilson, Nesbitt, Rice, Russell, Sharpe, Stoddard, Wells, Winstead, Corning, P. Bradley, Wilkins, L. Martin, T.M. Burriss, J.H. Burriss, Wilder, Day, McLellan, Haskins, Harvin and Waldrop: A BILL TO DESIGNATE SECTIONS 16-15-10 THROUGH 16-15-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, ARTICLE 1 OF CHAPTER 15 OF TITLE 16 OF THE 1976 CODE TO BE ENTITLED "MISCELLANEOUS OFFENSES", TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 IN CHAPTER 15 OF TITLE 16 SO AS TO PROVIDE FOR CRIMES RELATING TO OBSCENITY, MATERIAL HARMFUL TO MINORS, CHILD EXPLOITATION, AND CHILD PROSTITUTION AND TO PROVIDE PENALTIES, INCLUDING FORFEITURE, FOR VIOLATIONS, TO AMEND THE 1976 CODE BY ADDING SECTION 16-3-850 SO AS TO REQUIRE FILM PROCESSORS AND PHOTO FINISHERS WHO ARE REQUESTED TO DEVELOP FILM OF CHILDREN ENGAGING IN SEXUALLY EXPLICIT CONDUCT TO REPORT THE NAME AND ADDRESS OF THE INDIVIDUAL REQUESTING THE DEVELOPMENT TO THE LAW ENFORCEMENT OFFICIALS IN THE LOCALITY FROM WHICH THE FILM WAS ORIGINALLY FORWARDED; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THOSE CRIMES DESIGNATED FELONIES BY THE ARTICLE ADDED BY THIS ACT, AND TO REPEAL SECTIONS 16-15-260 THROUGH 16-15-440, RELATING TO OBSCENITY.

H. 2751--DEBATE ADJOURNED

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

H. 2751 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

S. 275--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 275 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BLIND PERSONS, ORPHANS, AND BOY AND GIRL SCOUTS BEING EXEMPT FROM HUNTING AND FISHING LICENSE REQUIREMENTS UNDER CERTAIN CONDITIONS, SO AS TO INCLUDE MENTALLY RETARDED PERSONS WITHIN THE PROVISIONS OF THIS SECTION.

The Committee on Agriculture and Natural Resources proposed the following Amendment No. (Doc. No. 3551Y), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 as contained in the bill and inserting:

/SECTION 1. Section 50-9-830 of the 1976 Code is amended to read:

"Section 50-9-830. All blind residents of this State, and all orphans of any orphanage or other eleemosynary institution of this State, and any boy or girl scout, and physically handicapped and mentally retarded persons, as defined by Section 44-21-30(4), may hunt or fish within any county in this State without obtaining a license to do so, if such the blind person or the superintendent or person in charge of such the institution, or scouts, or physically handicapped or mentally retarded persons shall first apply to the Director of the Division of Game for a permit allowing the blind person, or such orphans, or scouts, or physically handicapped or mentally retarded persons to hunt or fish, giving the name of such the blind person or each orphan, or scout, or physically handicapped or mentally retarded person and the name of the institution, sponsoring entity, or troop. The superintendent or person in charge of such the orphans, or scouts, or physically handicapped or mentally retarded persons shall accompany them on the hunting or fishing trip for which the permit is granted. The Director may issue such the permit when the above conditions have been complied with.

Notwithstanding the provisions of this section or any other provision of law, mentally retarded persons permitted to hunt or fish pursuant to this section shall not be authorized in any instance to carry or use firearms while hunting or fishing hereunder."/

Amend title to conform.

Rep. FOXWORTH explained the amendment.

The amendment was then adopted.

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

S. 445--OBJECTIONS

The following Bill was taken up.

S. 445 -- Senator Land: A BILL TO AMEND SECTION 50-9-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TEN CONSECUTIVE-DAYS' NONRESIDENT FISHING LICENSE, SO AS TO DECREASE THE FEE FROM TWENTY DOLLARS AND FIFTY CENTS TO ELEVEN DOLLARS.

Reps. LIMEHOUSE, DAVENPORT, FERGUSON and HASKINS objected to the Bill.

H. 2177--OBJECTIONS

The following Bill was taken up.

H. 2177 -- Reps. Wilkins and Huff: A BILL TO AMEND SECTION 20-7-1370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND TERMS OF JUDGES, SO AS TO INCREASE THE TERMS OF FAMILY COURT JUDGES FROM FOUR TO SIX YEARS.

Reps. DAVENPORT, BLACKWELL, J. BRADLEY and KIRSH objected to the Bill.

H. 2279--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2279 -- Rep. Pearce: A BILL TO PROVIDE THAT THE NAME OF ANY CANDIDATE AUTHORIZED TO APPEAR ON ANY BALLOT IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION FOR ANY OFFICE MAY BE THE CANDIDATE'S GIVEN NAME, A DERIVATIVE OF HIS GIVEN NAME, OR A NICKNAME, TO PROVIDE FOR A PROCEDURE FOR THE USE OF A DERIVATIVE NAME OR A NICKNAME ON THE BALLOT, AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS.

The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 3545Y), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 as contained in the bill and inserting:

/SECTION 1. The name of any candidate authorized by law to appear on any ballot in any general, special, or primary election in this State for any office may be any of the following or any combination thereof: (1) the candidate's given name, (2) a derivative of the candidate's given name properly acquired under the common law and used in good faith for honest purposes, or (3) a nickname which bears no relation to the candidate's given name but which is used in good faith for honest purposes and does not exceed fifteen letters on the ballot. The derivative name or nickname shall not, however, imply professional or social status, an office, or military rank.

Any candidate wanting to use a derivative name or a nickname, as permitted by items (2) and (3), respectively, of this section, shall indicate to the authority charged by law with conducting the election, prior to any deadline for receiving or certifying candidates' names for inclusion on the ballot, the name he wishes to have appear and shall present any evidence required by the authority conducting the election that the name indicated is his derivative name or nickname. In deciding whether the name indicated is the candidate's derivative name or nickname, the authority conducting the election shall consider appropriate criteria, including, but not limited to, the following: (a) whether the name is the designation by which the candidate is usually and commonly known in the community in which he resides or called by other persons, (b) whether the name is the designation by which the candidate calls himself or which he has adopted, or (c) whether the name is the designation under which the candidate transacts private and official business.

The State Election Commission is authorized to promulgate regulations to carry out the provisions of this act, including, but not limited to, forms to be completed by the candidate and the deadline by which a candidate shall indicate the name he wishes to have appear on the ballot./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

H. 2549--POINT OF ORDER

The following Bill was taken up.

H. 2549 -- Reps. McEachin, Keyserling and J.W. Johnson: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER FIRST TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ONLY ADJUSTED DOWNWARDLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARING ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

POINT OF ORDER

Rep. CARNELL 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. 2550--POINT OF ORDER
The following Joint Resolution was taken up.

H. 2550 -- Reps. McEachin, Keyserling and J.W. Johnson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY, AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 2558--POINT OF ORDER

The following Bill was taken up.

H. 2558 -- Rep. McEachin: A BILL TO AMEND SECTION 33-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED APPROVAL BY THE SHERIFF OF A NONPROFIT CORPORATION'S DECLARATION OF INTENT TO INCORPORATE, SO AS TO PROVIDE THAT THE SHERIFF MAY DISAPPROVE THESE DECLARATIONS FOR CAUSE AND MUST STATE HIS REASONS FOR THE DISAPPROVAL IN WRITING TO THE APPLICANT, AND TO PROVIDE THAT THIS DISAPPROVAL MAY BE APPEALED BY THE APPLICANT TO THE CIRCUIT COURT.

POINT OF ORDER

Rep. KLAPMAN 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.

ORDERED TO THIRD READING

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

H. 2704 -- Rep. Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 IN TITLE 15 SO AS TO ENACT THE UNIFORM FEDERAL LIEN REGISTRATION ACT AND TO REPEAL CHAPTER 57 OF TITLE 12 RELATING TO FEDERAL TAX LIENS.

Rep. HASKINS explained the Bill.

S. 56 -- Senator Hayes: A BILL TO AMEND ACT 520 OF 1976, RELATING TO LEGISLATIVE MEMBERS OF STATE BOARDS AND COMMISSIONS, SO AS TO MAKE THE TERM OF LEGISLATIVE MEMBERS OF STATE BOARDS OR COMMISSIONS COTERMINOUS WITH THEIR TERM OF OFFICE IN THE GENERAL ASSEMBLY.

H. 2775 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO REPEAL CHAPTER 57 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEDDING.

Rep. DERRICK explained the Bill.

S. 89--OBJECTIONS

The following Bill was taken up.

S. 89 -- Senator Lourie: A BILL TO AMEND SECTIONS 56-1-460 AND 56-9-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE THE OPERATOR'S LICENSE TO DRIVE IS CANCELLED, SUSPENDED, OR REVOKED, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3538Y).

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

/SECTION 1. Section 56-1-460 of the 1976 Code is amended to read:

"Section 56-1-460. Any person who drives a motor vehicle on any public highway of this State at a time when his license to drive or privilege to do so is cancelled, suspended, or revoked shall must, upon conviction, be punished by a fine of fined one two hundred dollars or imprisonment imprisoned for thirty days for the first violation; for the second violation a fine of fined five hundred dollars or not more than and imprisoned for sixty consecutive days, or both; and for the third and subsequent violation imprisonment imprisoned for not less than forty-five ninety days nor more than six months, no portion of which may be suspended by the trial judge. The Department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while the his license of such person was suspended for a definite period of time shall extend the period of such the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the Department shall again suspend the license of such the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension shall must be for an additional three months. If the conviction was upon a charge of driving while a license was revoked, the Department shall not issue a new license for an additional period of one year from and after the date such the person would could otherwise have been entitled to apply applied for a new license. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation constitutes prior violations within the meaning of this section."

SECTION 2. Section 56-9-70 of the 1976 Code is repealed.

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. WILKINS explained the amendment.

Reps. J. BRADLEY, AYDLETTE and J. BROWN objected to the Bill.

S. 465--POINT OF ORDER

The following Bill was taken up.

S. 465 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 24-13-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISED FURLOUGH PROGRAM UNDER THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT OF 1986, SO AS TO NOT INCLUDE INMATES WITHIN THE PROGRAM WHO HAVE COMMITTED THE CRIME OF CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE OR HAVE COMMITTED OR ATTEMPTED A LEWD ACT UPON A CHILD UNDER THE AGE OF FOURTEEN.

POINT OF ORDER

Rep. J. BRADLEY 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.

S. 466--POINT OF ORDER

The following Bill was taken up.

S. 466 -- Senator Thomas E. Smith, Jr.: A Bill TO AMEND SECTION 24-3-1120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE PRISON OVERCROWDING POWERS ACT, SO AS TO ADD TO THE DEFINITION OF "QUALIFIED PRISONER" THAT THE PRISONER HAS NOT BEEN CONVICTED OF CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE OR COMMITTING OR ATTEMPTING A LEWD ACT UPON A CHILD UNDER THE AGE OF FOURTEEN.

POINT OF ORDER

Rep. J. BRADLEY 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. 2527--POINT OF ORDER

The following Bill was taken up.

H. 2527 -- Reps. Sharpe, G. Bailey, Hayes, Moss, Aydlette, Klapman, Blackwell, Sturkie, Jones, Kay, Simpson, Koon, J.C. Johnson, Thrailkill, Foxworth, Altman, Chamblee, Pearce, McTeer, J.W. McLeod, J.H. Burriss, R. Brown, Barfield, Townsend, M.O. Alexander, Rice, McCain, Gordon, H. Brown, Petty, Davenport, Wells, Neilson, Hendricks, Ferguson, Haskins, Baxley, McGinnis, Kirsh and Harvin: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN FUNCTIONS OF THE GOVERNOR BY ADDING SECTION 1-3-450 SO AS TO PROVIDE THAT THE GOVERNOR ON THE DAY OF BURIAL OR OTHER SERVICE FOR ANY FIREFIGHTER OR LAW ENFORCEMENT OFFICER IN THIS STATE WHO DIED IN THE LINE OF DUTY SHALL ORDER ALL FLAGS ON STATE BUILDINGS TO BE FLOWN AT HALF MAST IN TRIBUTE TO THE DECEASED FIREFIGHTER OR LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT THE GOVERNOR SHALL ALSO REQUEST THAT FLAGS OVER THE BUILDINGS OF THE POLITICAL SUBDIVISIONS OF THIS STATE SIMILARLY BE FLOWN AT HALF MAST FOR THIS PURPOSE.

POINT OF ORDER

Rep. BLANDING 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. 2772--POINT OF ORDER

The following Bill was taken up.

H. 2772 -- Labor, Commerce and Industry Committee: A Bill TO AMEND SECTIONS 41-10-10, 41-10-30, 41-10-40, 41-10-50, AND 41-10-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD AND MANNER OF THE PAYMENT OF WAGES, SO AS TO EXCLUDE FROM THE DEFINITION OF WAGES VACATION, HOLIDAY, SICK LEAVE, AND SEVERANCE PAYMENTS UNDER AN EMPLOYMENT CONTRACT, DELETE THE REQUIREMENT THAT AN EMPLOYER NOTIFY AN EMPLOYEE IN WRITING OF THE WORK HOURS AGREED UPON, TO PROVIDE THAT WRITTEN NOTICE IS NOT REQUIRED PRIOR TO AN INCREASE IN WAGES, TO PROVIDE THAT AN EMPLOYER KEEP RECORDS OF NAMES, ADDRESSES, WAGES, AND DEDUCTIONS OF EMPLOYEES FOR THREE YEARS, TO DELETE THE PROVISION PERMITTING DEPOSIT OF WAGES BY AN EMPLOYER TO AN EMPLOYEE'S CREDIT IN A FINANCIAL INSTITUTION, TO PROVIDE GUIDELINES FOR DEPOSIT OF WAGES UNDER A MANDATORY WAGE DEPOSIT PLAN, TO DELETE THE REQUIREMENT OF WRITTEN NOTICE WHEN AN EMPLOYEE IS DISCHARGED, TO PROVIDE THAT THE CIVIL PENALTY FOR VIOLATING SECTION 41-10-40 (EMPLOYEE WAGE DEPOSIT PLAN) SHALL NOT EXCEED TWO THOUSAND DOLLARS FOR MULTIPLE OFFENSES ARISING FROM A SINGLE TRANSACTION AND TO MAKE THE LEVYING OF THE CIVIL PENALTY PERMISSIVE RATHER THAN MANDATORY, TO PROVIDE THAT THE STATUTE OF LIMITATIONS TO RECOVER WAGES IS TWO YEARS AFTER THE WAGES BECOME DUE AND TO DELETE THE CRIMINAL PENALTY FOR REFUSING TO PAY WAGES; AND TO REPEAL SECTION 41-10-70 RELATING TO INVESTIGATION OF VIOLATIONS IN THE PAYMENT OF WAGES BY THE COMMISSIONER OF LABOR.

POINT OF ORDER

Rep. J. BRADLEY 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. 2773--POINT OF ORDER

The following Bill was taken up.

H. 2773 -- Reps. Wilkins, T. Rogers, H. Brown, J. Rogers, Gentry, Haskins, Toal, Hendricks, J.W. Johnson, Arthur, Short, Gregory, Wilder, D. Martin, Hayes and McElveen: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF ANY PERSON TWENTY-FIVE YEARS OF AGE OR YOUNGER WHO HAS COMPLETED HIS SERVICE OF HIS SENTENCE FOR A SPECIFIED MISDEMEANOR OFFENSE IF THIS OFFENSE WAS HIS FIRST VIOLATION OF ANY CRIME.

POINT OF ORDER

Rep. KLAPMAN 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. 2752--OBJECTION

The following Bill was taken up.

H. 2752 -- Judiciary Committee: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION, SO AS TO INCREASE THE LIMIT FROM ONE THOUSAND DOLLARS TO TWO THOUSAND FIVE HUNDRED DOLLARS.

Rep. HOLT objected to the Bill.

H. 2742--OBJECTION

The following Bill was taken up.

H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS, PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND A POSSESSION LIMIT; AND TO INCREASE PENALTIES.

Rep. KOHN objected to the Bill.

INTRODUCTION OF BILL

On motion of Rep. BENNETT, with unanimous consent, the following Joint Resolution was introduced, read the first time and ordered placed on the Calendar without reference:

H. 2802 -- Reps. Bennett and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE CALENDAR YEAR 1987 ONLY, ON THE EDISTO RIVER THE CLOSED SEASON FOR THE TAKING OF SHAD COMMENCES ON MAY FIRST, RATHER THAN APRIL TWENTIETH, FROM THE MOUTH OF PENNY CREEK TO THE HEADWATERS OF THE EDISTO.

H. 2802--ORDERED TO BE READ SECOND
TIME TOMORROW

On motion of Rep. BENNETT, with unanimous consent, it was ordered that H. 2802 be read the second time tomorrow.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. SHARPE.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., April 2, 1987

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

Received as information.

Rep. CARNELL moved the acceptance of the invitation, which was not agreed to.

H. 2482--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 7.

H. 2482 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE FOR NOTIFICATION TO THE PARTIES AT ISSUE OF THE TIME AND PLACE OF HEARING, WHICH MUST BE HELD WITHIN A CERTAIN PERIOD OF TIME; TO AMEND SECTION 42-17-20, RELATING TO THE HEARING BEFORE THE WORKERS' COMPENSATION COMMISSION ON AMOUNT OF COMPENSATION PAYABLE, SO AS TO PROVIDE FOR WHEN THE HEARING UNDER THIS SECTION MUST BE HELD; AND TO AMEND SECTION 1-23-320, RELATING TO PROVISIONS FOR NOTICE AND HEARING IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT FROM THESE PROVISIONS PROCEEDINGS BEFORE THE WORKERS' COMPENSATION COMMISSION, WHICH ARE GOVERNED INSTEAD BY SECTIONS 42-9-260 AND 42-17-20.

AMENDMENT NO. 7--TABLED

Debate was resumed on Amendment No. 7, which was proposed on Wednesday, April 1, by Reps. HUFF, et al.

Rep. L. MARTIN moved to table the amendment which was agreed to by a division vote of 43 to 41.

LEAVE OF ABSENCE

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

Reps. TOAL, HUFF, J. ROGERS, and McELVEEN proposed the following Amendment No. 8, which was rejected.

Amend as and if amended by striking Section 3 of the bill in its entirety.

Amend title to conform.

Rep. TOAL explained the amendment.

Rep. L. MARTIN spoke against the amendment and moved to table the amendment, which was not agreed to by a division vote of 42 to 44.

The question then recurred to the adoption of the amendment.

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

Yeas 51; Nays 51

Those who voted in the affirmative are:

Arthur                 Aydlette               Bailey, K.
Baxley                 Beasley                Blanding
Bradley, J.            Brown, G.              Brown, J.
Chamblee               Clyborne               Faber
Ferguson               Foster                 Gentry
Gilbert                Gregory                Harvin
Hayes                  Hodges                 Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Keyserling             Lewis                  Limehouse
Lockemy                Martin, D.             Mattos
McBride                McEachin               McElveen
McLeod, E.B.           McLeod, J.W.           Nettles
Ogburn                 Rogers, J.             Rogers, T.
Rudnick                Russell                Sheheen
Short                  Toal                   Townsend
Tucker                 Waldrop                Washington
Whipper                White                  Wilkins

Total--51

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Baker                  Bennett
Blackwell              Bradley, P.            Brown, H.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Cork                   Corning
Dangerfield            Davenport              Day
Derrick                Edwards                Elliott
Evatt                  Fair                   Foxworth
Harris, P.             Haskins                Hearn
Helmly                 Hendricks              Jones
Kirsh                  Klapman                Koon
Mappus                 Martin, L.             McAbee
McCain                 McGinnis               McLellan
McTeer                 Moss                   Neilson
Nesbitt                Pearce                 Petty
Phillips, O.           Sharpe                 Snow
Thrailkill             Wells                  Wilder

Total--51

So, the amendment was rejected.

Rep. L. MARTIN proposed the following Amendment No. 9 (Doc. No. 6101k).

Amend the bill, as and if amended, in Section 42-17-20 of the 1976 Code as contained in SECTION 2 by adding at the end of section 42-17-20 the following:

Provided, however, the Commission may determine initial liability and the commencement of benefits within thirty days of application. Evidence received by the Commission shall be confined to verified pleadings, affidavits, medical reports and other documentary evidence as the Commissioner may deem appropriate. Any orders by the Commissioner shall be without prejudice to the rights of the parties.

Amend title to conform.

Rep. L. MARTIN explained the amendment.

Rep. J. BRADLEY moved to table the amendment.

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

Yeas 42; Nays 53

Those who voted in the affirmative are:

Arthur                 Aydlette               Bailey, K.
Baxley                 Blanding               Bradley, J.
Brown, J.              Chamblee               Clyborne
Faber                  Fair                   Ferguson
Foster                 Gentry                 Gilbert
Gordon                 Gregory                Harvin
Hayes                  Hodges                 Huff
Johnson, J.C.          Johnson, J.W.          Keyserling
Limehouse              Lockemy                Martin, D.
Mattos                 McEachin               Nettles
Rogers, T.             Rudnick                Russell
Sheheen                Short                  Toal
Tucker                 Waldrop                Washington
Whipper                White                  Wilkins

Total--42

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Baker                  Bennett                Blackwell
Boan                   Bradley, P.            Brown, G.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Cooper
Cork                   Corning                Dangerfield
Davenport              Derrick                Edwards
Evatt                  Foxworth               Harris, J.
Harris, P.             Haskins                Hearn
Helmly                 Hendricks              Holt
Jones                  Kirsh                  Klapman
Koon                   Lewis                  Mappus
Martin, L.             McCain                 McElveen
McGinnis               McLellan               McLeod, E.B.
McTeer                 Moss                   Nesbitt
Pearce                 Petty                  Phillips, O.
Sharpe                 Thrailkill             Townsend
Wells                  Wilder

Total--53

So, the House refused to table the amendment.

Rep. HUFF spoke against the amendment.

Rep. WASHINGTON moved that the House do now adjourn.

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

Yeas 55; Nays 46

Those who voted in the affirmative are:

Altman                 Arthur                 Aydlette
Bailey, K.             Baxley                 Blanding
Brown, G.              Brown, J.              Carnell
Day                    Faber                  Fair
Ferguson               Foster                 Gentry
Gilbert                Gregory                Harris, P.
Harvin                 Hayes                  Helmly
Hodges                 Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Kay
Keyserling             Koon                   Lewis
Limehouse              Martin, D.             Mattos
McAbee                 McEachin               McElveen
McGinnis               McTeer                 Nettles
Ogburn                 Phillips, O.           Rogers, T.
Rudnick                Russell                Sheheen
Short                  Snow                   Toal
Townsend               Tucker                 Waldrop
Washington             Whipper                White
Wilkins

Total--55

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Baker                  Bennett                Blackwell
Boan                   Bradley, J.            Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.N.          Chamblee               Clyborne
Cooper                 Cork                   Corning
Dangerfield            Davenport              Derrick
Edwards                Evatt                  Foxworth
Harris, J.             Haskins                Hearn
Hendricks              Jones                  Kirsh
Klapman                Lockemy                Mappus
Martin, L.             McCain                 McLellan
McLeod, E.B.           Moss                   Neilson
Nesbitt                Pearce                 Petty
Sharpe                 Thrailkill             Wells
Wilder

Total--46

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 9.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2764 -- Rep. Barfield: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND W. G. HUCKS, JR., OF HORRY COUNTY FOR HIS MANY YEARS OF PUBLIC SERVICE.

ADJOURNMENT

At 12:03 P.M. the House in accordance with the motion of Rep. WASHINGTON adjourned to meet at 10:00 A.M. tomorrow.

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